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HomeMy WebLinkAbout12/04/2017larin Cgton Planning and Development Committee Agenda Date: December 4, 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: December 4, 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 November 13 Minutes of a Regular Meeting of November 13, 2017 Page 5 Minutes 7 Public Meetings 7.1 Public Meeting Application for a Proposed Zoning By-law Amendment Page 15 Applicant: 2533937 Ontario Inc. Report: PSD -087-17 7.2 Public Meeting Application for a Proposed Zoning By-law Amendment Page 17 Applicant: Gerald Mahoney Report: PSD -088-17 7.3 Public Meeting Application for a Proposed Zoning By-law Amendment Page 19 Applicant: 251027 Ontario Ltd. Report: PSD -089-17 8 Delegations 8.1 John Romanov, Romanov and Romanov, Regarding Report PSD -090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle Page 2 CIarifl#oII Planning and Development Committee Agenda Date: December 4, 2017 Time: 7:00 PM Place: Council Chambers 8.2 Richard Bouma, Regarding Report PSD -085-17, Delegation by Mr. Stan Przysienzny 8.3 Pearl Rickard, Regarding Report PSD -090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle 8.4 Rodger Miller, Miller Planning Services, Consultant on behalf of CCT Auto Trans Inc., Regarding Correspondence Item 10.1, a Request by CCT Auto Trans Inc. to make an Application to Amend the Clarington Official Plan 8.5 Chad Doiron, CEO, CCT Auto Trans Inc., Regarding Correspondence Item 10. 1, a Request by CCT Auto Trans Inc. to make an Application to Amend the Clarington Official Plan 8.6 Gregory Smith, Regarding Report PSD -090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle 8.7 Nick Field, Regarding Report PSD -090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle 8.8 Marg Maskell, Regarding Report PSD -090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications — Direction 10.1 David Crome - Request from CCT Auto Trans Inc. for an Exemption from Page 21 CCT Auto the Two Year Freeze on Making an Application to Amend Trans Inc. the Clarington Official Plan (Motion as detailed in Attachment 2 of the memo, to permit CCT Auto Trans Inc. to file an application) 11 Presentations No Presentations 12 Planning Services Department Reports 12.1 PSD -087-17 An Application by 2533937 Ontario Inc. to Rezone the Page 27 Lands at 2005 Green Road for a Two -Storey Commercial Building, and a Three to Five Storey Mixed Use Building Page 3 CIarifl#oII Planning and Development Committee Agenda Date: December 4, 2017 Time: 7:00 PM Place: Council Chambers 12.2 PSD -088-17 Applications by Gerald Mahoney to Amend the Clarington Page 37 Official Plan and Zoning By-law 84-63 by Gerald Mahoney to Facilitate a Non -abutting Surplus Farm Dwelling Severance 12.3 PSD -089-17 Applications by 2510267 Ontario Ltd. for a Zoning By-law Page 48 Amendment, Draft Plan of Subdivision and Draft Plan of Condominium for a 25 Unit Development on the South - East Corner of Liberty Street North and Longworth Avenue, Bowmanville 12.4 PSD -090-17 Applications by Tornat Newcastle Limited for a Mixed-use Page 58 Development at King Avenue West and Rudell Road, Newcastle 12.5 PSD -091-17 Metrolinx Draft Regional Transportation Plan Page 105 12.6 PSD -092-17 AirBNB and Short Term Rentals Page 142 12.7 PSD -093-17 South Service Road Street Renaming Page 162 13 New Business — Consideration 14 Unfinished Business 14.1 Addendum Report to PSD -081-17 14.2 Addendum Report to PSD -085-17 Renaming of the North Portion of Port Darlington Road Page 167 to East Shore Drive and of a portion of East Beach Road to Port Darlington Road Delegation by Mr. Stan Przysienzny 14.3 PSD -082-17 An Application by South Bowmanville Limited to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings [Tabled from the November 13, 2017 Planning and Development Committee Meeting] 15 Confidential Reports No Reports 16 Adjournment Page 186 Page 4 Clarftwn Planning and Development Committee Minutes November 13, 2017 Minutes of a meeting of the Planning and Development Committee held on Monday, November 13, 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 Regrets: Councillor C. Traill Staff Present: A. Allison, S. Chen D. Crome, R. Maciver, F. Langmaid, K. Richardson, C. Pellarin, J. Gallagher, S. Gray 1 Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2 New Business — Introduction Councillor Partner added a new business item, regarding a hamlet sign for Cowanville, to the New Business — Consideration section of the agenda. Councillor Hooper added a new business item, regarding road widening on Lambs Lane, to the New Business — Consideration section of the agenda. 3 Adopt the Agenda Resolution #PD -198-17 Moved by Councillor Woo, seconded by Councillor Partner That the Agenda for the Planning and Development Committee meeting of November 13, 2017 be adopted with the addition of a hamlet sign for Cowanville and road widening on Lambs Lane. 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. -1- 5 Clarftwn Planning and Development Committee Minutes November 13, 2017 6 Adoption of Minutes of Previous Meeting Resolution #PD -199-17 Moved by Mayor Foster, seconded by Councillor Cooke That the minutes of the regular meeting of the Planning and Development Committee, held on October 23, 2017, be approved. Carried 7 Public Meetings 7.1 A Street Name Change is Proposed Applicant: Municipality of Clarington Report: PSD -081-17 Qui-Nhi Tran -Nguyen, local business owner, spoke in opposition to the proposed name change. Ms. Tran -Nguyen stated that the name change is a big inconvenience for her. She explained that she will have to change all of her paperwork and official documents. Ms. Tran -Nguyen is concerned that she only has one street going east now and that specific street has a ton of potholes. She expressed that she does not feel comfortable with the name change. There were no other speakers in support of, or in opposition to, the application. 8 Delegations 8.1 Marilyn Morawetz, Jury Lands Foundation, Regarding Report PSD -081-17, the Designation of 2020 Lambs Road, Former Ontario Boys Training School and WWII Prison of War Camp 30 Marilyn Morawetz, Jury Lands Foundation, was present regarding the designation of 2020 Lambs Road, Former Ontario Boys Training School and WWII Prison of War Camp 30. Ms. Morawetz stated that she supports the proposal as defined in Schedule B of Report PSD -081-17. She stated that it will lay the ground work for the future use of the site as it will put in place guidelines that further direct the care and refurbishment of the buildings as well as the designated heritage area around them which is equally significant. Ms. Morawetz mentioned that, since 2008, there has been a great deal of work done to document the importance of the site and the six buildings on the municipal registrar. She stated that, with the National historic site designation in 2013, they hoped that, in working with the property owners, the Municipality of Clarington and the public they would be in a position at this time to protect the historic and cultural assets that have the potential to add significant value to the community. Ms. Morawetz explained that there has been local, provincial, national and international interest and they have tried to educate the community about the existence of the site and the history it holds. -2- A• Clarftwn Planning and Development Committee Minutes November 13, 2017 She stated that the recommendations before Council will allow for the preservation of the history of the area. Ms. Morawetz asked the Committee to consider the visioning process that highlights the distinct opportunities of this site. Ms. Morawetz stated that, beyond the buildings, it could provide a noteworthy park and greenspace useful to local residents and visitors while allowing the preservation through repurposing the land in a meaningful and sustainable way. Ms. Morawetz explained that this would be a beginning to stabilize the buildings against further damage from the elements and unauthorized use. Ms. Morawetz stated that this report will help address concerns about the buildings surviving another winter and provide direction to ensure the structures are protected. Ms. Morawetz expressed her support for the proposal for provincial heritage designation under Part 4 the Ontario Heritage Act, the development of the area and the suggestions from the consultants, DTAH. 8.2 Donna and Katherine Roka, Regarding Report PSD -084-17, a Request to Name a Street after Joe Roka Donna and Katherine Roka, local residents, were present regarding Report PSD -084-17, a request to name a street after Joe Roka. Ms. Roka explained that they had submitted a letter requesting a street be named after Joe Roka, an early homesteader. She explained why Joe Roka should be considered for a street to be named in his honour. Ms. Roka stated that there are five generations of Roka's in Clarington and passed a photo to the Committee Members. Alter the Agenda Resolution #PD -200-17 Moved by Mayor Foster, seconded by Councillor Partner That the Agenda be altered to consider Report PSD -084-17, Request to Name a Street after Joe Roka, at this time. Carried 12.4 PSD -084-17 Request to Name a Street after Joe Roka Resolution #PD -201-17 Moved by Councillor Cooke, seconded by Mayor Foster That Report PSD -084-17 be received; That the request to name a street after the late Mr. Joe Roka be approved; and That Donna Roka be informed of Council's decision and be provided with a copy of Staff Report PSD -084-017. Carried -3- Clarftwn Planning and Development Committee Minutes November 13, 2017 Alter the Agenda Resolution #PD -202-17 Moved by Mayor Foster, seconded by Councillor Hooper That the Agenda be altered to consider, the delegation of Eddy Chan, at this time. Carried 8.4 Eddy Chan, Director, Land Development, Delpark Home, Regarding Report PSD -082-17, 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 Homes was present regarding Report PSD -082-17, 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 he was present to answer any questions from the public or Members of Committee. 8.5 Jane McFarlane, Associate, Weston Consulting, Regarding Report PSD -082-17, 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 Jane McFarlane, Associate, Weston Consulting, was present regarding Report PSD - 082 -17, 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. Ms. McFarlane stated that she would be able to answer any questions or comments regarding the removal of the black walnut tree and cedar hedge. She requested that Recommendation 4 of the Staff Report be removed as they have submitted the clearance letter to staff in regards to section 9.1 of the Staff Report. Ms. McFarlane explained that Tree #53, the black walnut, is recommended by the arborist to be removed as it is too close to construction. She mentioned that they discussed trying to retain the tree with staff however, it is too close to construction to put a dwelling on that property. Ms. McFarlane stated that there are four black walnut trees in good health that will be retained through the proposal. She also addressed the cedar hedge on the subject property and noted that, due to the grading and construction, it will not be kept. 93 Clarftwn Planning and Development Committee Minutes November 13, 2017 8.3 Paul Jefferson, Regarding Report PSD -082-17, Regarding An Application by South Bowmanville Limited to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings Paul Jefferson, local resident, was present regarding Report PSD -082-17, regarding an application by South Bowmanville Limited to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings. Mr. Jefferson stated that he was disappointed with the communication from Delpark Homes. He expressed his concerns with the severed lots as it was first proposed to put two 40 foot lots on the property and now it will be a 37 foot lot and a 43 foot lot. Mr. Jefferson stated that, when he purchased his lot, he did not know that homes were going to be built beside him and that he thought it would stay existing residential. He mentioned that he paid a premium for his lot and that not all of the lots paid the same premium but agreed it was because of the size of lots. Mr. Jefferson is concerned with the comments from Delpark regarding a landscape voucher for tree planting as he was not aware of this and it was not in his purchase agreement. He also stated that many of the trees in Figure 4 of the Staff Report have been removed already. Mr. Jefferson stated that he would like clarification on the lot elevation and slop of the drainage. He would also like clarification on the position of the sidewalk on the inner side of Terry Cres. Recess Resolution #PD -203-17 Moved by Mayor Foster, seconded by Councillor Cooke That the Committee recess for 10 minutes. Carried The meeting reconvened at 8:40 PM with Councillor Neal in the Chair. 9 Communications - Receive for Information 9.1 Memo from David Crome Regarding Designation of 2020 Lambs Road, Former Ontario Boys Training School and WWII Prison of War Camp 30 Resolution #PD -204-17 Moved by Mayor Foster, seconded by Councillor Hooper That Communication Item 9.1 be received for information. Carried 10 Communications — Direction There are no Communications for direction. -5- E Clarftwn Planning and Development Committee Minutes November 13, 2017 11 Presentation(s) 11.1 Faye Langmaid, Regarding PSD -080-17, the Designation of 2020 Lambs Road, Former Ontario Boys Training School and WWII Prison of War Camp 30 Faye Langmaid made a presentation regarding Report PSD -080-17, the designation of 2020 Lambs Road, Former Ontario Boys Training School and WWII Prison of War Camp 30. Ms. Langmaid provided an overview of the reasons for the heritage designation under the Ontario Heritage Act for the six remaining buildings the property known commonly as either Camp 30 or the Boys Training School. She stated that, after the passage of the Official Plan in November 2016, which included this area as a Special Policy area, Council awarded the consulting contract to DTAH for the development of a park concept for the former campus along with the development of architectural guidelines for the surrounding development to the south, north and eventually the east of the site. Ms. Langmaid mentioned that, as part of the work DTAH has been doing, they have looked at the historical context to recommend the designation under the Ontario Heritage Act. She mentioned that DTAH have been providing ideas for how the buildings could be reused and integrated into an overall park concept. Ms. Langmaid stated that the recommendation before Committee is to begin the process of designation under the Ontario Heritage Act of the six buildings and surrounding landscape as shown by the salmon coloured area on Schedule B of the Report. 12 Planning Services Department Reports 12.1 PSD -081-17 Renaming of the North Portion of Port Darlington Road to East Shore Drive and of a Portion of East Beach Road to Port Darlington Road Resolution #PD -205-17 Moved by Mayor Foster, seconded by Councillor Partner That Report PSD -081-17, regarding the renaming of the North Portion of Port Darlington Road to East Shore Drive and of a Portion of East Beach Road to Port Darlington Road, be referred to the Council meeting of November 20, 2017. Carried 10 Clarftwn Planning and Development Committee Minutes November 13, 2017 12.2 PSD -082-17 An Application by South Bowmanville Limited to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings Resolution #PD -206-17 Moved by Mayor Foster, seconded by Councillor Partner That Report PSD -082-17, An Application by South Bowmanville Limited to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings, be referred to the Planning and Development Committee meeting of December 4, 2017. Carried 12.3 PSD -083-17 Proposed Alteration to a Designated Heritage Property (The Walbridge House), 483 King Avenue East, Newcastle Resolution #PD -207-17 Moved by Councillor Partner, seconded by Councillor Woo That Report PSD -083-17 be received; That permission be granted to construct a sunroom addition to the rear of the Walbridge House identified as 483 King Avenue East, Newcastle, in accordance with Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and That the Ontario Heritage Trust, the Clarington Heritage Committee, the property owner, and all interested parties listed in Report PSD -083-17 be advised of Council's decision. Carried 12.4 PSD -084-17 Request to Name a Street after Joe Roka Report PSD -084-17, regarding a request to name a street after Joe Roka, was considered earlier in the meeting during the delegation portion of the agenda. 12.5 PSD -085-17 Delegation by Mr. Stan Przysienzny Resolution #PD -208-17 Moved by Councillor Partner, seconded by Mayor Foster That Report PSD -085-17, Delegation by Mr. Stan Przysienzny, be referred to the consideration of New Business Item 13.2. Carried -7- 11 Clarftwn 13 New Business — Consideration 13.1 Hamlet Sign for Cowanville Resolution #PD -209-17 Planning and Development Committee Minutes November 13, 2017 Moved by Councillor Partner, seconded by Councillor Woo That a sign be erected to recognize the Hamlet of Cowanville. Motion Withdrawn Resolution #PD -210-17 Moved by Councillor Partner, seconded by Councillor Woo That staff be directed to erect a sign to recognize the Hamlet of Cowanville. Carried 13.2 Road Widening on Lambs Lane Resolution #PD -211-17 Moved by Councillor Hooper, seconded by Councillor Partner That staff be directed to meet with the applicants; and That staff report back to Council on November 20, 2017 with respect to amending the conditions of approval for the consent applications on the west side of Lambs Lane, north of Third Street for a road widening for severed and retained parcels on the west side of Lambs Lane. Carried 14 Unfinished Business 14.1 PSD -080-17 Designation of 2020 Lambs Road, Former Ontario Boys Training School and WWII Prison of War Camp 30 [Tabled from the October 23, 2017 Planning and Development Committee Meeting] Resolution #PD -212-17 Moved by Mayor Foster, seconded by Councillor Cooke That Resolution #PD -195-17 regarding Report PSD -080-17, Regarding Designation of 2020 Lambs Road, Former Ontario Boys Training School and WWII Prison of War Camp 30, be lifted from the table. Carried 12 Clarftwn Planning and Development Committee Minutes November 13, 2017 Council now had the following Resolution #PD -195-17 before them: That Report PSD -080-17 be received; 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 of Report PSD -080-17); That the Clerk prepare the required Notice of Intention to Designate pursuant to the provisions of the Ontario Heritage Act; 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 That all interested parties listed in Report PSD -080-17 and any delegations be advised of Council's decision. Carried 15 Confidential Reports 15.1 Verbal Report Closed Session Resolution #PD -213-17 Moved by Mayor Foster, seconded by Councillor Cooke That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a potential Land Acquisition, a matter that deals with advice that is subject to a proposed or pending acquisition or disposition of land by the municipality or local board. Carried 15.2 Rise and Report The meeting resumed in open session at 9:35 PM with Councillor Neal in the Chair. Councillor Neal advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. M 13 Clarftwn Planning and Development Committee Minutes November 13, 2017 16 Adjournment Resolution #GG -214-17 Moved by Councillor Partner, seconded by Councillor Hooper That the meeting adjourn at 9:42 PM. Chair Carried -10- 14 Deputy Clerk Clarbgtoa Nonce of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Zoning By-law. 2533937 Ontario Inc. would like to amend the Zoning By-law to permit two phases of development. Phase 1: 487.5 square metres (5,245 square feet) two-storey commercial building proposed on the east side of the site. One of the commercial businesses will be a dental office. Phase 2: 483 square metres (5,200 square feet) of commercial space, and 10 apartments at the corner of Green Road and Stevens Road. All requirements of the Planning Act are now complete allowing this application to be presented to the public. 2005 Green Road, Bowmanville Located at the northeast corner of Green Road and Stevens Road, approximately 200 metres north of Durham Highway 2. Mixed-use Building Under Construction CI rington Cenfral ® S c.nd-rySc o-1 � � Phase 7 Commercial Building a N0 &P TFV d Y �- Stevens Road Phase 2 � Mixed-use Building Subject Site - Home Depot Dollarama ZBA 2017-0031 0031 The proposed Zoning By-law amendment, additional information and background studies are available for review at the Planning Services Department and on our website at clarington.net/developmentproposals Questions? Please contact Ms. Tanjot Bal 905-623-3379, extension 2422, or by email at Speak at the Public Meeting: Date: Monday, December, 04, 2017 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planninq Services Department to the attention of Ms. Taniot Bal. File Number: ZBA 2017-0031 15 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. Mixed-use Building Under Construction .f m �r`-- Proposed Phase Two Mixed -Use Buildi ICA Proposed Phase One Commercial Building Clarington Central Secondary School Stevens Road Subject Site David J. Crome, MCIP, RPP Director of Planning Services l A`UeparLment\LUU Ntvv NLNU sys l tlwwpplicabon Flles\ZBA-Zoning\2017\ZBA2017-0031 2005 Green Road\5-Public Notice\Notice of Piblic Meeting_ZBA 2017-0031_03'11'2017.docx 16 Clarbgtoa Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Official Plan and Zoning By-law 84-63. 17 Gerald Mahoney proposes to amend the Official Plan and Zoning By-law 84-63 to facilitate anon - abutting surplus farm dwelling severance of less than 40 ha at 4548 Lakeshore Road. The application submission has been deemed complete. ' 0 0 - Address: 4548 Lakeshore Road, Newcastle The property is located on the northeast corner of Lakeshore Road and Newtonville Road 3 c}"fa nr �. s eir 350T3 O 360 350T4 yc O O Retained Lands ICE O a' ILI N _ F" (B ✓l „ Q `Z a` jyl -4576 457 p y 4H Lakeshore � Surplus Farm Dwelling 4545 Lakeshore Road 71 x�. N 's �;ZBA2017-0029 COPA 2017-0012 How to be Informed The proposed Official Plan and Zoning By-law amendments together with any additional information are available for review at the Planning Services Department. Questions? Please contact Brandon Weiler 905-623-3379, extension 2424, or by email at bweilerCcD.clarington.net rovide How . PComments Speak at the Public Meeting: Date: December 4, 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 File Numbers: ZBA2017-0029 and COPA2017-0012 Cross Reference Files: LD2015-081 and ROPA2015-006 17 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 \\netapp4a\Grou jg\ADepartnnent\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0029 4548 Lakeshore Road\Public Notice\ZBA2017-0029 Public Meeting Notice.docx Clarbgtoa Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Zoning By-law and for proposed Plan of Subdivision and Condominium applications. ••• 251027 Ontario Ltd. proposes to amend Zoning By-law 84-63 to facilitate Subdivision and Condominium applications. The proposal is for five single detached dwellings fronting onto Couvier Crescent and twenty townhouse dwellings fronting onto Liberty Street North and Longworth Avenue with private laneway access from Longworth Avenue. • • - Address: 273 Liberty Street North and Blocks 197, 198 and 199 of Plan 40M2332 The properties are located on the south-east corner of Liberty Street North and Longworth Avenue. Al { Y ZLU W a I oil— I1 Subject Lands W m 0 LbNGWQ tTR AVENUE Proposed Townhouses AV... Proposed Townhouses 4 Proposed Single �V1 f. Detached 4 Z13A 2017.0027 n SC2017-0008 .y -CC2017-0001 ► How to • - Informed The proposed Zoning By-law amendment, Draft Plans of Subdivision and Condominium Applications with additional information and background studies are available for review at the Planning Services Department. Questions? Please contact Brandon Weiler 905-623-3379, extension 2424, or by email at bweiler clarin ton.net How to Provide Comments Speak at the Public Meeting: Date: Monday, December 4, 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 File Numbers: ZBA2017-0027, C -C-2017-0001, S -C-2017-0008 19 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 I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0027 273 Liberty St N\Public Notice\PM_Notice_ZBA2017-0027_Nov 1'2017.docx 20 Clatiagton 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: From: Date: Subject: Mayor and Members of Council David Crome November 28, 2017 Request from CCT Auto Trans Inc. for an exemption from the two year freeze on making an application to amend the Clarington Official Plan File: PC2017-0056 Miller Planning Services has submitted a letter, on behalf of CCT Auto Trans Inc., to the Mayor and members of Council seeking approval to submit an Official Plan application for 1972 Baseline Road. A copy of the letter is attached to this memo (Attachment 1). As the letter indicates, CCT Auto Trans Inc. recently had a pre -consultation meeting with staff to discuss expanding their existing business at 1960 Baseline Road. During that meeting it was identified that an Official Plan Amendment would be required, in addition to Rezoning and Site Plan applications. Council's permission is required to allow CCT Trans Auto Inc. to apply for an Official Plan Amendment Application because of Section 22(2.1) of the Planning Act which 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 comes into effect." Clarington Official Plan Amendment 107 was approved by the Region on June 19, 2017 meaning no applications can be applied for within 2 years of that date, unless Council declares by resolution that such a request is permitted. CCT Auto Trans Inc. purchased 1972 Baseline Road in order to expand the existing business located at 1960 Baseline Road (See Figure 1). Both properties are designated Light Industrial in the Clarington Official Plan. The property at 1960 Baseline Road was zoned General Industrial (M2), which permits a transport and cartage depot, when the business was established. 1972 Baseline Road is currently zoned Agricultural (A) and Environmental Protection (EP) and would need to be rezoned, which must comply to the Official Plan, before an expansion onto that property could occur. The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 21 Page 12 i 'Y 14p�' Proposed Application i../ A. Existing Business BA_ SELINE_ROAD k .. �� � � � � -� -- •�y 17 z i — 7 NPAGIF�GPI R.t1 GP�PpIP - F I; 570 Figure 1: Location of properties on Baseline Road 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 CCT Auto Trans Inc. to be able to file an Official Plan Amendment application because the designation of the lands at 1972 Baseline Road is not something that was specifically addressed by Clarington Official Plan Amendment 107. 1972 Baseline Road was designated Light Industrial in the 1996 Official Plan and that has not changed. A new provision that was added by Clarington Official Plan Amendment 107 does not allow Transport or Cartage Depots on Arterial Roads. Baseline Road is a Type C Arterial in the Official Plan. The business is currently located on Baseline and this would be an expansion of an existing use. 22 Page 13 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. If Council wishes to allow this application, the attached resolution should be passed (Attachment 2). 2X41 - David Crome Director of Planning Attachments: Attachment 1: Letter from Miller Planning Services on behalf of CCT Auto Trans Inc. Attachment 2: Resolution I:\ADepartment\LDO NEW FILING SYSTEM\PRECONSULTATION\2017\PC2017-0056 1972 Baseline Road (CCT Auto)\MEMO_MMC_request to submit appl ication_Nov'27'2017.docx 23 MILLER PLANNING SERVICES The Corporation of the Town of Clarington Planning Services Department 40 Temperance Street, Bowmanville, ON L1C 3A6 Attention: Mayor and Members of Council Re: 1960 and 1972 Baseline Road, Request to File an Official Plan Amendment, Town of Clarington Dear Mayor and Members of Council: November 22, 2017 We are writing on behalf of our clients, CCT Auto Trans Inc. (2306896 Ontario Inc.) in connection with the captioned properties. Attachment 1 CCT Auto Trans Inc. is a family owned and operated auto transport business which has been in Clarington since 1999. Starting with just one transport vehicle their operations have grown to over 65 transport vehicles and 90 employees. In 2014 they completed an expansion to their current building at 1960 Baseline Road, and they are now in the position where they must expand again. The Owners realized a few years ago that they would need a further expansion of their operations going forward and reached out to the Town's Planning Department for advice during the recent Official Plan review process. Following this inquiry they purchased the property known as 1972 Baseline Road. They were of the understanding at that time that they would be able to continue to expand operations on the adjacent property going forward. In June 2017 they received Site Plan Approval from the Town for their next building expansion which would be located on the north side of the current building and provides for an additional 656 sq. meters of building area. The building expansion to the north displaces the current parking areas and that together with additional business expansion there is a requirement to develop to the east on the recently purchased property at 1972 Baseline Road. Unfortunately my clients learned through a Pre -Consultation Meeting earlier this month that the newly approved Clarington Official Plan prohibits their ability to proceed with their related expansion onto 1972 Baseline Road without an Official Plan Amendment. Suite 404 701 Rossland ltd. E. Whitby, ON, UN 91<3 24 T: 416.605.074t r.rniilenOmmilierplan.ca rnillerplan.ca K4D( MILLER PLANNING SERVICES We are writing to you at this time given the prohibition in the Planning Act which bars applicants from bringing privately initiated Official Plan Amendments within two years of the approval of your recent Official Plan Amendment 107. We are seeking Councils approval to allow us to file the Official Plan Amendment application to allow for the expansion of the current operations onto the Owners adjacent property as set out above. The recently approved Clarington Official Plan designates the property as Light Industrial and that designation is carried forward from the previous Official Plan designation. Generally the new Official Plan looks to locate transport facilities in the General Industrial Area . The current operation on 1960 Baseline is zoned "M2" which for this use and the Owner was of the previous understanding that they could expand their operation going forward as legal non -conforming use. Had they known that there would have been an impediment to their expansion plans through the new Official Plan they would have availed themselves of the opportunity within the process to seek the necessary changes to support their expansion. Notwithstanding the foregoing the Owner believes that the expansion of their current use could be completed in a sensitive manner and look to screen same from the adjacent road frontage if required. Our client is proud to have operated their business in Clarington over the years and looks forward to continuing their operations in Clarington for years to come with your support. On behalf of my client we would like to thank Council for the opportunity to address you with respect to this matter and also thank you for your consideration of same in advance. Best Regards Thank you Sincerely, R ger Miller, Principal Miller Planning Services Suite 404 7€31 Rossland Rd. E. Whitby, ON. LIN 9K3 25 T: 416.605.0741 r.miller@millerplan.ca millerplan.ca Attachment 2 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 CCT Auto Trans Inc. wishes to amend the Clarington Official Plan to facilitate an expansion of an existing transportation and cartage depot at 1960 Road onto a portion of 1972 Baseline Road; and Whereas subsections 22(2.1) and 22(2.2) of the Planning Act prohibit CCT Auto Trans Inc. 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 CCT Auto Trans Inc. to make an Official Plan Amendment Application respecting his property. NOW THEREFORE BE IT RESOLVED THAT, 1. Council hereby permits CCT Auto Trans Inc. to file an application requesting that the Clarington Official Plan be amended to allow a Transportation and Cartage Depot on 1972 Baseline Road. 2. By granting permission to CCT Auto Trans Inc. 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. 26 Clarbgton 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: December 4, 2017 Report Number: PSD -087-17 Resolution Number: File Number: ZBA 2017-0031 By-law Number: Report Subject: An Application by 2533937 Ontario Inc. to rezone the lands at 2005 Green Road for a two-storey commercial building, and a three to five storey mixed use building. Recommendations: 1. That Report PSD -087-17 be received; 2. That staff consider the public comments received in the further processing of the Zoning By-law Amendment application ZBA 2017-0031 and in the preparation of a subsequent report; and 3. That all interested parties listed in Report PSD -087-17 and any delegations be advised of Council's decision. 27 Municipality of Clarington Report PSD -087-17 Report Overview Page 2 The Municipality is seeking public comments for the construction of a two-storey commercial building and a three to five storey mixed use building at the northeast corner of Green Road and Stevens Road in west Bowmanville. 2533937 Ontario Inc. is proposing to construct in two phases: Phase 1 of the development will be a 488 square metre (5,250 square feet), two-storey commercial building at the east side of the site. Phase 2 of the development will be a mixed use building with 483 square metre (5,200 square feet) of commercial floor area as well as apartments above the commercial uses at the northeast corner of Stevens Road and Green Road. 1. Application Details 1.1. Applicant: 2533937 Ontario Inc. 1.2. Agent: D.G. Biddle and Associates Limited 1.3. Proposal: To rezone a property, to permit the construction of two buildings: a two-storey commercial building, and a three to five storey mixed-use commercial/residential building. 1.4. Area: 1.5. Location: 1.6. Roll Number: 1.7. Within Built Boundary: 2. Background 4,640 square metres (before road widening) 2005 Green Road, Bowmanville �E:�rQ1�IlallGilal�r`II] Yes 2.1. On September 27, 2017, D.G. Biddle and Associates Ltd., on behalf of 2533937 Ontario Inc., submitted a rezoning application to permit two buildings, one commercial and one mixed-use. The application was deemed complete on October 20, 2017. The first phase is a two-storey commercial building which will include a dental clinic and two commercial rental units (see Figure 1 & 2). The second phase is a three to five storey mixed-use commercial/residential building which will include 483 square metres of commercial space on the ground floor and apartment dwellings above the commercial uses (see Figure 1 & 3). Municipality of Clarington Report PSD -087-17 Phase 11 Phase 1 I: �Y Mixed Use Commercial Building g Building --- / occ1 ; Stevens Road c-- -- "`� Figure 1: Conceptual Site Plan Page 3 Z=7 Figure 2: Conceptual Phase I Perspective Commercial Building 29 Municipality of Clarington Report PSD -087-17 Page 4 Figure 3: Conceptual Phase II Perspective Mixed Use Building — North East corner of Green and Stevens Roads 2.2 The property to the north (2021 Green Road) was approved in May 2015 for a mixed use development currently under construction. The layout of the development at 2021 Green Road was designed to permit a future access connection with the development at 2005 Green Road (the subject site). The purpose of this access connection is to permit the staff, residents and customers of both sites to freely travel across one another's property (see Figure 4). Each property owner will apply for an access easement over their driveway in favour of the neighbouring property owner. 7 Building under ' onstruction ' Existing Ease Imer►t w . Phase 11 _ 1 1 11 1 1 1 1 1 1 H ITI I r - , Proposed Easement-•,; 7 Building r -Building -- ----- --_--- ------ jUz---- - - -- Stevens Road" ----- - ---- - - - - - - _ _ z� Figure 4: Proposed easements over 2005 Green Road and 2021 Green Road 30 Municipality of Clarington Report PSD -087-17 Page 5 2.3 Should this rezoning application be successful, the tentative timeline for this project is as follows: x Site Plan Approval — August 2018 x Conditional Foundation Building Permit — June 2018 x Construction of Phase One — 2018 x Occupancy of Phase One — 2019 x Construction of Phase Two — 2022 x Occupancy of Phase Two -- 2023 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at the northeast corner of Stevens Road and Green Road in west Bowmanville. The west portion of the property along Green Road currently has a residential dwelling, a shed, and an outdoor swimming pool. The east part of the property, beyond the fenced backyard, is vacant. Figure 5: Single -detached dwelling as viewed from Green Road facing east. 31 Municipality of Clarington Report PSD -087-17 Page 6 Figure 6: View of the east side of the site on Stevens Road. 3.2 The surrounding uses are as follows: North - A mixed-use building currently under construction South - West Bowmanville Shopping Centre, including Dollarama and Home Depot East - Clarington Central Secondary School West - Commercial including Canadian Tire and Walmart 4. Provincial Policy 4.1 Provincial Policy Statement, 2014 The subject property is located within the Bowmanville urban area. The Provincial Policy Statement identifies settlement areas as the focus of growth and development. Land use patterns within settlement areas shall include a mix of land uses, intensification and redevelopment where it can be accommodated. The proposal represents intensification by demolishing the existing single detached dwelling to construct a commercial and mixed-use building at higher densities than exist today. The application is consistent with the Provincial Policy Statement. 32 Municipality of Clarington Report PSD -087-17 4.2 Provincial Growth Plan Page 7 The Growth Plan for the Greater Golden Horseshoe, 2017 requires municipalities to develop a strategy to achieve the minimum intensification target and intensification throughout delineated built-up areas. The subject property is located within the delineated built-up area boundary and therefore intensification is generally encouraged. The Growth Plan strives to achieve compact and complete communities by promoting intensification in settlement areas. In order to achieve complete communities, development must: x feature a diverse mix of land uses; x improve social equality and overall quality of life; x provide a diverse range and mix of housing options; x provide easy access to a range of transportation options; and x ensure development is of high quality compact form. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the property as a Regional Centre. Regional Centres are to develop to provide a fully integrated array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office space. The proposed mixed-use development conforms with the Durham Region Official Plan. 5.2 Clarington Official Plan The subject land is designated "Urban Centre" within the Clarington Official Plan and is located within the Bowmanville West Town Centre Secondary Plan (Secondary Plan). The Bowmanville West Town Centre has regional significance and is intended to provide a mix of higher density uses, and the integration of residential, employment, cultural, community, recreational and institutional uses. All new Commercial Development within Urban Centres shall be a minimum height of two storeys. Additionally, all development applications must demonstrate how they will assist in achieving the Floor Space Index and densities established in the Official Plan and Regional Official Plan. Development within the Urban Centre shall be developed in accordance with the urban design policies of the Official Plan. New development within the Bowmanville West Urban Centre must incorporate sustainable design through an efficient use of land, pedestrian friendly features and create a high quality public realm that reflects the character of the community. Further policy and direction is found within the Secondary Plan. 33 Municipality of Clarington Report PSD -087-17 5.3 Bowmanville West Town Centre Secondary Plan Page 8 The subject property is designated "Street -Related Commercial". Within the Street - related Commercial designation, permitted uses include retail and service uses, medical offices located on the second or upper levels above ground floor, and residential dwelling units located on the second or upper levels above ground floor. Commercial and residential uses are permitted to be built above retail businesses to promote intensification in the delineated built-up area. The intent of the designation is to create an active streetscape, by attracting retail businesses to the ground floor. The buildings shall be designed to be located at grade with the adjacent sidewalk. The parking facilities will be designed with minimum disruption to the pedestrian use of the streets. The Clarington Official Plan requires development to comply with urban design policies of the Secondary Plan, and the layout of the properties should achieve a high quality pedestrian retail environment. The urban design policies will be addressed through the site plan process. 6. Zoning By-law This site is currently zoned "Agricultural (A)" in Zoning By-law 84-63. The existing zoning does not conform with the current Clarington Official and Secondary Plans designations for this property. The applicant is seeking an amendment to the Zoning By-law to both implement the Official Plan and Secondary Plan designations and accommodate the two proposed buildings. 7. Public Notice and Submissions Public Notice was mailed to each landowner within 120 metres of the subject property and two public meeting signs were installed on the property. As of writing this report, staff only received one phone call asking for the location and the number of apartments. 8. Agency and Department Comments 8.1 At this time, agency comments have been received from: x Clarington Emergency & Fire Services; x Clarington Building Department; x Kawartha Pine Ridge District School Board; x Enbridge; and x Rogers. 34 Municipality of Clarington Report PSD -087-17 8.2 Clarington Engineering Services Page 9 The Clarington Engineering Services Department has no objections to the proposal. However they have offered the following comments: x A Truck Turning Movement Plan is required, which confirms the type of trucks that will be accessing the site and the turning area required to manoeuvre on-site; x The grading plan must be amended to clearly illustrate any areas subject to ponding under the 100 year storm sewer conditions; x The grade of the eastern most entrance is too steep and must be revised; and x The applicant must provide documentation illustrating that the requirements for on- site parking are met to the satisfaction of the Director of Engineering. 9. Discussion 9.1 The subject property was a residential parcel stretching along Stevens Road. It was not included in the acquisition of the lands for the Clarington Central High School. In preparing the Bowmanville West Town Centre Secondary Plan, it was recognized that 2005 Green Road as well as 2021 Green Road would eventually redevelop as part of the Town Centre. It was anticipated that these two parcels would redevelop as a consolidated block. However, these properties have separate owners and are being developed independently. As a result, the design of each site has been coordinated to allow a joint access for pedestrians and vehicles through both of these properties. This joint access will improve traffic flow into both sites. The joint access will be secured with access easements over both properties. 9.2 The initial concept drawings proposes a street -oriented siting of two buildings with direct access to sidewalks, full height windows, and canopies framing the street. 9.3 Once all agency and public comments have been received, staff will work with the applicant to revise the concept if required. 10. Concurrence Not Applicable. 11. Conclusion The purpose of this report is to provide background information on the proposal by 2533937 Ontario Inc. for a Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report once all public and agency comments have been received. 35 Municipality of Clarington Report PSD -087-17 12. Strategic Plan Application Not applicable. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Page 10 Reviewed by: ✓ Andrew C. Allison, B.Comm, LL.B CAO Staff Contact: Ms. Tanjot Bal, Planner, 905-623-3379 ext. 2422 or tbal clarington.net Mr. Carlos Salazar, Manager, 905-623-3379 ext. 2409 or csalazar(a-)calrington.net The following is a list of the interested parties to be notified of Council's decision: Ms. Hilary Kerrigan Ms. Denise Wilkins TB/COS/tg i:v,uepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2017\ZBA2017-0031 2005 Green Road\6-Staff Reports\PSD-087-17_Fina1.docx 36 Clarington 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: December 4, 2017 Report Number: PSD -088-17 Resolution: File Number: ZBA2017-0029 and COPA2017-0012 By-law Number: Report Subject: Applications by Gerald Mahoney to amend the Clarington Official Plan and Zoning By-law 84-63 by Gerald Mahoney to facilitate a non - abutting surplus farm dwelling severance Recommendations: 1. That Report PSD -088-17 be received; 2. That Amendment No. 114 to the Clarington Official Plan as contained in Attachment 1 of Report PDS -088-17 be adopted; 3. That the application to amend the Zoning By -Law by Gerald Mahoney be approved and that the By-law attached to Report PSD -088-17 be passed; and 4. That all interested parties listed in Report PSD -088-17 and any delegations be advised of Council's decision. 37 Municipality of Clarington Report PSD -088-17 Page 2 Report Overview Gerald Mahoney has submitted applications to amend the Clarington Official Plan and Zoning By-law 84-63 to facilitate a non -abutting surplus farm dwelling severance. The Official Plan Amendment is required as the subject lands are not a minimum of 40 hectares. The Zoning By-law Amendment would zone the severed portion of the lands to prohibit further single detached dwellings from being built on the property. Recognizing that this proposal has been considered through two previous public meetings for the Regional Official Plan Amendment and the land division applications, this report recommends that Council approve the Clarington Official Plan and Zoning By-law amendments as contained in Attachment 1 and 2 of this report. 1. Application Details 1.1. Owner/Applicant: Gerald Mahoney 1.2. Proposal: To amend the Clarington Official Plan and Zoning By-law 84-63 to facilitate a surplus farm dwelling severance 1.2 hectares with a vertical farm parcel of 24.1 hectares less than 40 ha minimum required. 1.3. Area: 25.3 hectares (62.5 acres) 1.4. Location: 4548 Lakeshore Road, North-east corner of Lakeshore and Newtonville Road 1.5. Roll Number: 181703001003300 2. Background 2.1 In December 2015 Mr. Mahoney applied for a Regional Official Plan Amendment and Consent applications to facilitate a non -abutting surplus farm dwelling severance at 4548 Lakeshore Road. The Regional Official Plan Amendment was approved by Regional Council on June 8, 2016. The Consent application was conditionally approved by Land Division Committee on August 14, 2017. The conditions of the Land Division Committee approval include obtaining a Clarington Official Plan Amendment and a Zoning By-law Amendment. The Clarington Official Plan Amendment is required as the farm parcel is not the required 40 hectares for non -abutting severances. Mr. Mahoney's farm parcel is 25.3 hectares (62.5 acres). The Zoning By- law Amendment is required to ensure that no new dwellings are erected on the retained lands (see Figure 1). Municipality of Clarington Resort PSD -088-17 Paae 3 Clarington Council recently approved a comprehensive update to the Official Plan, Amendment 107. In order to submit the Clarington Official Plan Amendment application Mr. Mahoney required Council's permission to accept the application within two years of the comprehensive update. At the October 30, 2017 Council meeting Council approved Mr. Mahoney's request to submit the Clarington Official Plan Amendment application. Mr. Mahoney is proposing to sell the farm parcel to Thornlea Holdings Ltd. and continue residing at the existing dwelling, which was built in the 1870's. Thornlea Holdings Ltd. is currently farming the subject lands and has done so for a number of years. 3. Land Characteristics and Surrounding Uses The subject lands are 25.3 hectares (62.5 acres) with an existing single detached dwelling on the south-east corner of the property, fronting onto Lakeshore Road. There is a water course and wooded area running through the north-west portion of the property. The majority of the property is currently farmed. I " 35073 0 35OT O Retained Lands r-•6 �1V �R�,� . f - � a a ro E� Cf I� 3"k � Z 1516 a45i n . O 48 Surplus Farm Dwelling 4548 Lakeshore Road N " s r ZBA•2017-0029 COPA 2017-0012 Figure 1: Subject Lands 39 Municipality of Clarington Resort PSD -088-17 The surrounding uses are as follows: North - Agricultural and woodlot South - Agricultural East - Agricultural West - Agricultural 4. Provincial Policy 4.1 Provincial Policy Statement Paae 4 The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term agricultural uses. The PPS also permits lot creation for severance of surplus farm dwellings that result from farm consolidation, provided that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. The proposal is consistent with the Provincial Policy Statement. 4.2 Greenbelt Plan The Greenbelt Plan protects prime agricultural areas for long-term agricultural uses. Within the Protected Countryside surplus farm dwelling severances are permitted provided the following: x The dwelling was in existence prior to December 16, 2004; x The surplus dwelling area is limited in size; and x That no new dwellings are permitted moving forward on the severed farm lands. The proposal is consistent with the Greenbelt Plan. 5. Official Plans 5.1 Durham Region Official Plan The Durham Region Official Plan designates the property "Prime Agricultural Areas". The policies of the Plan state that Prime Agricultural Areas shall be used primarily for agriculture and farm -related uses. Non -abutting surplus farm dwelling severances are permitted by amendment to the plan subject to the following criteria: x The dwelling is not needed for farm employees; x The farm parcel being acquired is of a size which is viable for farming operations; x Within the Protected Countryside of the Greenbelt Plan Area the dwelling was in existence as of December 16, 2004; x The farm parcel to be acquired is zoned to prohibit any further severances and the establishment of any residential dwelling. HE Municipality of Clarington Resort PSD -088-17 Paae 5 The proposal meets the requirements of the Durham Region Official Plan. A Regional Official Plan Amendment was approved by Regional Council on June 8, 2016. 5.2 Clarington Official Plan The Clarington Official Plan designates the property as "Prime Agricultural Area", "Environmental Protection Area" and "Waterfront Greenway". The policies of the plan state that Prime Agricultural Areas shall be used primarily for agriculture and farm - related uses. Within the Waterfront Greenway designation agriculture is identified as one of the predominant land uses. The severance of a dwelling, which is rendered surplus as a result of the consolidation of non -abutting farms, may be permitted subject to criteria, similar to those in the Regional Official Plan, as well as requirement that the farm to be acquired is a minimum of 40 hectares. The subject lands meet all the requirements with the exception of the minimum 40 hectare parcel size. Numeric figures in the Official Plan are not to be interpreted with the precision of a zoning by-law, however, the existing farm parcel is considerably lower at 25.3 hectares and the retained farm parcel will be 24.1 hectares. The intent of the minimum parcel size requirement is to ensure that the lands are a viable farm parcel once the dwelling is severed from it. Thornlea Holsteins Ltd. have multiple land holdings within a few kilometers of the subject lands, to the north and west, and have been farming the subject lands for years. The Planning Justification Report, discussed later in this report, submitted with the applications indicates that the farm is a viable parcel and has been farmed separate from the dwelling for the last number of years. It is staff's opinion that the retained lands will be a viable farm parcel as part of Thornlea Holstiens Ltd. holdings and meets the intent of the Official Plan policies. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1) Zone" and "Environmental Protection (EP) Zone." The Official Plan requires that the retained farm parcel be rezoned to prohibit any new residential dwellings from being constructed. The proposed Zoning By-law Amendment would therefore prohibit any residential uses on the property and will fulfil the condition imposed by the Durham Region Land Division Committee and the requirement of Provincial Policy. 7. Summary of Background Studies 7.1 Planning Justification and Agricultural Assessment Report A report prepared by Clark Consulting was submitted in support of the application. The report concludes that the applications to support the surplus farm dwelling severance 41 Municipality of Clarington Report PSD -088-17 Page 6 meets the objectives and requirements of the Provincial Policy, Region of Durham Official Plan policies and the intent of the Clarington Official Plan policies. The report also provided a land inventory summary for Thornlea Holsteins Ltd. The report identifies that Thornlea Holsteins Ltd. currently owns 151 hectares of land in Clarington, all in close proximity to the subject lands, and farms an additional 109 hectares of land. The retained agricultural parcel will add to the holdings and is a viable farm parcel to add to their existing holdings. t... Y Concession='Road 1 5 Thornlea Holstein Farm Holdings .m z ,a Subject Lands m L O. U ..3r ...� �.. _:U J y iZ �� J� '+�' it'':✓x,` �' C � fix' S N d . LL an bore -Road = y�j I ZBA 2017-0029 M. _ , DOPA 2017-0012 Figure 2: Thornlea Hostein Farm Holdings The report also addresses Minimum Distance Separation formulae. The report concludes the proposal meets the policies of the Minimum Distance Separation formulae. 8. Public Notice and Submissions Public notice was given by mail to each landowner within 300 metres of the subject lands on November 1, 2017. Public meeting signs were installed on the property, fronting onto Lakeshore Road and Newtonville Road, on November 6, 2017. 42 Municipality of Clarington Report PSD -088-17 Page 7 At the time of finalizing this report staff had not been contacted by any members of the public. 9. Agency Comments The Durham Region Planning Department had no objections to the applications. 10. Departmental Comments The Clarington Building Division, Engineering Services Department and Emergency and Fire Services Department have no objections or concerns with the application. 11. Discussion 11.1 The Provincial Policy Statement encourage the long term viability of agricultural areas, limiting the opportunities to create new parcels in the rural area. Surplus farm dwelling severances are permitted by the Province recognizing that farmers may not want to be landlords when acquiring additional lands. The Durham Region and Clarington Official Plans encourage farm consolidation where possible to ensure long term viability of agricultural operations. Understanding that with the acquisition of additional farm parcels come additional dwellings, which the farmers may not require as part of their operations, the Durham and Clarington Official Plans set out the regulations for surplus farm dwelling severances as a result of farm consolidations. 11.2 When a surplus farm dwelling is severed the Provincial Policy Statement and the Official Plan requires that the retained farm parcel be rezoned to prohibit further dwellings from being constructed. The proposed zone for the retained portion of the lot, with the exception of the "EP" area, is "Agricultural Exception (A-81) Zone," which only allows for non-residential uses as set out in the regulations of the Agricultural (A) Zone. The Zoning By-law Amendment will prohibit future residential uses from being established on the 24.07 ha retained parcel and will enable the severance of a surplus residential dwelling lot (1.21 ha). 11.3 The Clarington Official Plan policies require that where a surplus dwelling is severed from a farm parcel that is not abutting, the parcel must have a minimum lot area of 40 hectares. The intent of the Clarington Official Plan policies is to ensure that the lands are a viable farm parcel once the farm dwelling has been severed. In this instance, the existing parcel is considered smaller than a typical farm parcel being only 25.3 hectares. The applicant has submitted a Planning Justification and Agricultural Assessment Report indicating the subject lands are a viable farm parcel, maintaining the intent of the Official Plan, despite not being a minimum of 40 hectares. 11.4 This application is one step in the process to sever the surplus dwelling lot. There have been no objections to this application from any of the circulated agencies or the public to date. 43 Municipality of Clarington Resort PSD -088-17 Paae 8 12. Concurrence Not Applicable. 13. Conclusion Given that there have been previous public meetings on the related Regional Official Plan Amendment and Severance applications, it is respectfully recommended that Council approve the applications to amend the Clarington Official Plan (see Attachment 1) and Zoning By-law 84-63 (see Attachment 2). 14. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David Crome, Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ex. 2424 or bweiler@clarington.net Attachments Attachment 1 — Official Plan Amendment Attachment 2 — Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. BW/CP/tg/ah I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2017\ZBA2017-0029 4548 Lakeshore Road\Staff Report\PSD-088-17.Docx Municipality of Clarington Amendment Number 114 To The Municipality of Clarington Official Plan Attachment 1 to Report PSD -088-17 Purpose: To permit the severance of a non -abutting surplus farm dwelling severance of 1.2 hectares with a retained farm lot of 24.1 hectares. Basis: This amendment is based on an application submitted by Gerald Mahoney to permit the severance of a surplus farm dwelling as a result of the consolidation of non -abutting farm parcels. This application has been reviewed by public agencies and municipal staff. Also, consideration has been given to the Provincial Policy and the current Durham Regional Official Plan. Council is satisfied that this amendment meets the intent of the Official Plan and fulfils the objective of preserving agricultural land. Actual Amendment: The Clarington Official Plan is hereby amended by adding exception number 8 as follows: In Section 23.19.4 iii) — Table 23-1, as follows: "Surplus Farm Dwelling Lot Exceptions" Exception No. Assessment No. Legal Description Area of Area of Surplus Remainder of Dwelling Lot Land (ha) (ha) 8 181703001003300 Part Lot 8, Con BF A, 1.2 24.1 (2017) Former twp. Of Clarke Now RP;40R17771 Part 1 Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 45 Municipality of Clarington Attachment 2 to Report PSD -088-17 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 ZBA2017-0029; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule '2' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Agricultural Exception (A-81) Zone" as illustrated on the attached Schedule 'A' hereto. 2. Schedule 'A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of e , 2017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. 360 306 0 C> C d 4) z M Road LO Lakeshore m Zoning Change From "A-1" TO "A-81" - Zoning To Remain "A-1" N Zoning To Remain "EP" Adrian Foster, Mayor Clarke • ZBA 2017-0029 • Schedule 2 C. Anne Greentree, Municipal Clerk M 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: December 4, 2017 Report Number: PSD -089-17 Resolution: File Numbers: ZBA2017-0027, C -C-2017-0001, S -C-2017-0008 By-law Number: Report Subject: Applications by 2510267 Ontario Ltd. for a Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium for a 25 unit development on the south-east corner of Liberty Street North and Longworth Avenue, Bowmanville Recommendations: That Report PSD -089-17 be received; 2. That the Zoning By-law Amendment, Proposed Draft Plan of Subdivision and Proposed Draft Plan of Condominium submitted by 2510267 Ontario Ltd. continue to be processed and that a subsequent report be prepared; and 3. That all interested parties listed in Report PSD -089-17 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -089-17 Report Overview Page 2 The Municipality is seeking the public's comments on applications for a proposed Draft Plan of Subdivision, Draft Plan of Condominium and Zoning By-law Amendment, submitted by 2510267 Ontario Ltd., to permit five single detached dwellings and 20 condominium townhouse dwellings. 1. Application Details 1.1 Owner/Applicant: 2510267 Ontario Ltd. 1.2 Agent: Michael Smith, Michael Smith Planning Consultants 1.3 Proposal: Proposed Draft Plan of Subdivision and Draft Plan Condominium To create five single detached dwellings fronting onto Couvier Crescent and twenty townhouse dwellings fronting onto Liberty Street North and Longworth Avenue with private laneway access from Longworth Avenue. Rezoning To rezone the lands from the "Agricultural (A) Zone", "Urban Residential Type One (R1) Zone", and "Urban Residential Exception (R2-15) Zone" to appropriate zones that permit the proposed residential development. 1.4 Area: 0.82 hectares (2 acres) 1.5 Location: Southeast corner of Liberty Street North and Longworth Avenue. 1.6 Roll Numbers: 181702006007600 181702006020006 181702006020004 181702006020008 1.7 Within Built Boundary: 273 Liberty Street is within the built boundary. Blocks 197, 198 and 199 of Plan 40M2332 are not within the built boundary. Municipality of Clarington Report PSD -089-17 Page 3 2. Background The subject applications were received on September 6, 2017 and deemed complete. Figure 1: Subject Lands The existing subdivision surrounding the subject lands was approved in 2005. Blocks 197, 198 and 199 (see Figure 1) were created at the time the subdivision was approved. At that time 273 Liberty Street was not owned by the applicants of the subdivision and was identified as having potential future development together with the three above mentioned blocks. The plan at that time envisioned single detached dwellings fronting onto Longworth Avenue and Courvier Crescent. Services were installed for four future dwelling lots on Courvier Crescent and seven future lots on Longworth Avenue when the subdivision was constructed. There was no plan for how the portion of the lands fronting onto Liberty Street North would be developed. 50 ' a_ N dW" -IW LONGWOIkTH AVENUE ,a Block i Block 797 X98 / . 0 z W 2.73 Liberty LU Street North LU !. ' BloUT!99� p 7 Z8 017-0037 �:, SC2017-0008 CC30i7-0001 � ■ - ,,.,�.. ` � f Figure 1: Subject Lands The existing subdivision surrounding the subject lands was approved in 2005. Blocks 197, 198 and 199 (see Figure 1) were created at the time the subdivision was approved. At that time 273 Liberty Street was not owned by the applicants of the subdivision and was identified as having potential future development together with the three above mentioned blocks. The plan at that time envisioned single detached dwellings fronting onto Longworth Avenue and Courvier Crescent. Services were installed for four future dwelling lots on Courvier Crescent and seven future lots on Longworth Avenue when the subdivision was constructed. There was no plan for how the portion of the lands fronting onto Liberty Street North would be developed. 50 Municipality of Clarington Report PSD -089-17 Page 4 Longworth Avenue Figure 2: Proposed Plan The applicants have proposed a plan that would increase the number of lots on Couvier Crescent from four lots to five and a townhouse condominium with 20 units fronting onto Longworth Avenue and Liberty Street North (See Figure 2). The proposed lots fronting onto Courvier Crescent are composed of two lots with 10.66 metre frontages and three lots with 12 metre frontages. The proposed dual frontage townhouse units will be comprised of frontages ranging in width. The interior units being 5.5 metres wide and end units ranging between 7.15 to 9.4 metres. The townhouse units would all have driveways and garages accessed from a private road, while the front door would either face Liberty Street or Longworth Avenue. The applicant has submitted the following studies in support of the applications: x Noise Report x Functional Servicing and Stormwater Management Report x Sustainable Development Plan 51 Municipality of Clarington Report PSD -089-17 Page 5 x Stage 1 and 2 Archeological Assessment x Site Screening Questionnaire The studies are being reviewed by staff and agencies and will be summarized in a future report. 3. Land Characteristics and Surrounding Land Uses �- N g - r_ 2 OA _ to 5L I Ip Z ,M T ~ Subject Lands 1 1-311'W � Wow LbNGWWTPr AVENUE Proposed Townhouses . Proposed Townhouses s s < .� Proposed Single Detached ,. T+ _ dip ZBA 2017.0027 SC2017-0008 CC2017-0001 4 = K v . s J Figure I Aerial of Proposed Plan and Surrounding Area 52 Municipality of Clarington Resort PSD -089-17 Paae 6 3.1 The subject lands consist of four parcels, three blocks in Plan 40M2332 and 273 Liberty Street North. At 273 Liberty Street North there is an existing one storey single detached dwelling and small accessory buildings. There is a former new home sales centre building located on the blocks fronting onto Longworth Avenue. The block fronting onto Courvier Crescent is currently vacant. All buildings would be demolished to accommodate the proposed development. 3.2 The surrounding uses are as follows: North - Single Detached Dwellings South - Single Detached Dwellings East - Single Detached Dwellings West - Townhouse Dwellings on the south-east corner and a Plaza on the north-west corner 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of housing types and development patterns. Planning authorities are encouraged to promote opportunities for intensification and redevelopment in a compact form where it can be accommodated taking into account the availability of suitable existing infrastructure. 4.2 Growth Plan The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Bowmanville Urban Area. Municipalities are encouraged to create complete communities including offering a mix of housing options. The lands are partially within the built-up area and will contribute to the Municipality's target of achieving a minimum of 32% of new residential units annually within the built-up area. 5. Official Plans 5.1 Durham Region Official Plan The Durham Regional Official Plan designates the lands as Living Areas. Living Areas 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. 53 Municipality of Clarington Resort PSD -089-17 5.2 Clarington Official Plan Paae 7 The subject lands are designated Urban Residential. The Urban Residential designation is predominately intended for housing purposes. A variety of densities, tenure and housing types are encouraged. Redevelopment in existing neighbourhoods must be designed to respect and reinforce the physical character of the established neighbourhood. A neighbourhood Centre is designated on the north-west corner of Liberty Street and Longworth Avenue. The intersection of Longworth Avenue and Liberty Street North is identified as being a prominent intersection. At prominent intersections buildings shall be designed to provide a community focal point by having appropriate massing, high quality building materials, building articulation on both street frontages and architectural elements specific to a corner design. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Agricultural (A) Zone", "Urban Residential Type One (R1) Zone", and "Urban Residential Exception (R2-15) Zone". Blocks 197, 198 and 199 of Plan 40M2332 were zoned R2-15 with the rest of the subdivision to the east and south. The R2-15 zone only permits single detached dwellings. 273 Liberty Street North was not part of that subdivision application and is zoned R1 and A. The lands at 273 Liberty Street will form part of the condominium lands and the single detached dwelling lands. A Zoning By-law Amendment is required to permit the proposed condominium townhouse units and to zone the lands that will form the proposed single detached dwellings on Couvier Crescent. 7. Public Notice and Submissions Public notice was mailed to each landowner within 120 metres of the subject lands on November 3, 2017 and Public Meeting signs were installed fronting onto Liberty Street North, Longworth Avenue and Couvier Crescent on November 6, 2017. Staff have not received any comments at the time of finalizing this report. 8. Agency Comments 8.1 Durham Region Comments from Durham Region Planning, Works and Transit Departments have not been received at the time of finalizing this report but will be included in a subsequent report. 54 Municipality of Clarington Resort PSD -089-17 8.2 Central Lake Conservation Authority Paae 8 Comments from the Central Lake Ontario Conservation Authority have not been received at the time of finalizing this report but will be included in a subsequent report. 8.3 Other Agencies Enbridge, Rogers, Veridian, Canada Post, and the Kawartha District School Board have indicated they have no objections to the applications. 9. Departmental Comments 9.1 Engineering Services Department The Engineering Services Department identified one concern with the proposed application. Due to the grades and existing services the proposed servicing of the townhouse condominium requires stormwater to run south to Couvier Crescent. The applicants have proposed an easement, on private property between two of the proposed single detached dwellings, to get the stormwater to the storm sewers on Couvier Crescent. Due to the proposed location of the single detached dwellings a new storm manhole would need to be installed as well. The infrastructure required to address the stormwater for the townhouse condominium should not be located on private property through an easement. This infrastructure should be located in a block that remains with the condominium. In addition, the stormwater infrastructure should align and connect with the existing storm manhole on Couvier Crescent. The applicants will be required to revise the Functional Servicing Report to address the concerns of the Engineering Services Department. 9.2 Accessibility Committee The Accessibility Committee had no objections to the applications. However, the Committee recommends that the townhouse condominium designate a safe pathway or internal sidewalk from the visitor parking to the units 10. Discussion 10.1 The Liberty Street North and Longworth Avenue intersection is identified as a prominent intersection. The buildings design at prominent intersections must be designed to address both street frontages and the architectural design and materials must emphasize the significance of the intersection. The proposal is for dual frontage townhouses, similar to those at the south-west corner of the intersection. The details of the building and site layout will be addressed through Site Plan Approval, which the proponent has yet to submit an application for. 55 Municipality of Clarington Resort PSD -089-17 Paae 9 10.2 The applicants will need to address the Engineering Services Departments concerns regarding the functional servicing report. The infrastructure for the condominium must remain with the condominiums lands and cannot be placed on an easement on private property. This will require the applicants to redesign the layout of the five lots on Couvier Crescent. 10.3 The applicant is proposing five single detached dwellings on Courvier Crescent, all with two car garages. Two of the proposed lots have a frontage of 10.66 metres. The remaining three lots have frontages of 12 metres. Clarington's Architectural Control Guidelines requires a minimum lot frontage of 11.3 metres for lots with a two car garage. This limits the impact of the garage doors on the streetscape by providing a proportional balance between the habitable portion of the dwelling and the garage. The frontages will also need to be altered to address the condominium stormwater concerns raised by the Engineering Services Department. 10.4 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 development application submitted by 2510267 Ontario Ltd. 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. 56 Municipality of Clarington Report PSD -089-17 Page 10 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 ex. 2424 or bweiler@clarington.net List of interested parties to be notified of Council's decision is on file in the Planning Services Department. BW/CP/tg/ah I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2017\ZBA2017-0027 273 Liberty St N\Staff Report\PSD-089-17.Docx 57 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: December 4, 2017 Report Number: File Numbers: Report Subject: PSD -090-17 COPA 2017-0007, S -C-2017-0006, ZBA 2017-0009 and PLN 31.5.7 Resolution: By-law Number: Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle Recommendations: That Report PSD -090-17 be received; 2. That Clarington Official Plan Amendment application file COPA 2017-0007 be closed since the proposal is in conformity with the Clarington Official Plan, as amended through the comprehensive review (Official Plan Amendment 107); 3. That the Director of Planning Services and the Director of Engineering Services be authorized to amend the Foster North East Neighbourhood Design Plan as contained in Attachment 1 to Report PSD -090-17; 4. That the application for a Draft Plan of Subdivision S -C-2017-0006 submitted by Tornat Newcastle Limited be supported subject to conditions as contained in Attachment 2 to Report PSD -090-17; 5. That the Zoning By-law Amendment application submitted by Tornat Newcastle Limited be approved as contained in Attachment 3 to Report PSD -090-17; 6. That once all conditions contained in the Official Plan and Zoning By-law 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; 7. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD - 090 -17 and Council's decision; and 8. That all interested parties listed in Report PSD -090-17 and any delegations be advised of Council's decision. PP Municipality of Clarington Report PSD -090-17 Report Overview Page 2 This report recommends approval of the proposed applications by Tornat Newcastle Limited to amend the Foster Northeast Neighbourhood Design Plan, the Zoning By-law, and for a proposed Draft Plan of Subdivision to permit a mixed use development on the north side of King Avenue West, east of Rudell Road in Newcastle. The requested Official Plan Amendment is no longer required as the application is consistent with the Local Corridor policies as contained in the Clarington Official Plan. The application has been withdrawn. The original applications have been revised to: x Reduce the height of the north portion of the apartment building from six storeys to five storeys; x Remove the lofts for the apartment building which reduces the visual height; and x remove the King Avenue access to accommodate the Region of Durham requirements. A comparison of the original site plan and the current preliminary site plan, as follows: Original Application Apartment: 180 units 4-6 storeys plus loft Townhouse units: 10 units in 2 blocks Mixed Use Building 1: Commercial — 1,120 sq.m. Residential — 12 units Mixed Use Building 2: Commercial — 450 sq.m. Residential — 4 units TOTAL: 206 residential units 1,570 sq.m commercial Current Submission Apartment: 172 units 4-6 storeys without loft Townhouse units: 10 units in 2 blocks Mixed Use Building 1: Commercial — 1,120 sq.m. Residential — 12 units Mixed Use Building 2: Commercial — 450 sq.m. Residential — 4 units TOTAL: 198 residential units 1,570 sq.m commercial 59 Municipality of Clarington Report PSD -090-17 1. Application Details 1.1 Owner/Applicant: Tornat Newcastle Limited 1.2 Agents: D.G. Biddle & Associates Ltd. 1.3 Proposal: Amendment to Official Plan / Neighbourhood Design Plan Page 3 The applicant proposes an amendment to the Foster Northeast Neighbourhood Design Plan and an amendment to the Clarington Official Plan to place lands in a Local Corridor, consistent with Council Adopted Official Plan Amendment 107. Proposed Draft Plan of Subdivision to permit: x Creation of four development blocks and one park block (0.143 ha). x Realignment of Given Road to connect with McDonald Crescent (pending the closure and conveyance of portions of Given Road). Proposed Rezoning appropriate to permit the proposal identified above: 1.4 Area: 2.229 hectares 1.5 Location: Part Lot 30, Concession 2, Former Township of Clarke North side of King Avenue West, east of Rudell Road, Newcastle (Figure 1) 1.7 Roll Number: 1817 030 130 15420, 1817 030 130 15400, 1817 030 130 15350, and 1817 030 130 15355 1.8 Within Built Boundary: No 2. Background 2.1 The subject applications were deemed complete on May 1, 2017 and circulated for comments. A Public Information Centre was held May 9, 2017 followed by a statutory Public Meeting on June 5, 2017. Since that time the applicant and his consulting team has worked towards resolving comments and concerns. 2.2 The subject lands are on a triangular parcel of land generally between Rudell Road and Pedwell Street and north of King Avenue West. The application proposes the closure and conveyance of parts of Given Road to support the proposed realignment and closure east Municipality of Clarington Report PSD -090-17 Page 4 of the east leg of McDonald Crescent. Such an application would be processed by the Engineering Services Department. 2.3 The preliminary plan for the realignment of Given Road would result in Given Road connecting to the west leg of McDonald Crescent. Additional lands would be required from the Tornat parcel (Block 6) in order to create a 20 metre wide road allowance. The alignment of McDonald Crescent would be adjusted slightly in the southwest where the connection to a portion of Given Road is proposed. Other parts of land within Given Road road allowance are proposed to be melded with partial blocks in the Lindvest plan of subdivision, resulting in three new lots for single detached dwellings. (Refer to Future Single Detached Dwelling Lots outlined in Figure 1). To �- J ` - Legend IPA,. - �` ! =� g 4 Future Single Detached Dwelling Lots Flood Avenue Part of road allowance to be melded with adjacent lands i -T— Tornat lands proposed for - Limit of re-aligment of Given Road (Block 6) Tornat Lands r '2 Proposed Parts of Given Road Townhouse Units road allowance proposed 7. to be part of development (subject to Council approval) CU Storeys ej°Ck -� q) 3 B/0Ck co 1 a� *. , lockf 4 iBlock 2 0 ~�r s Wen t Storeys 4S n �oac/ u .. 810 ck 5 King Aven West . Proposed Mixed Use ' - Buildings , L r Proposed Multi Storey Deleted access to r Apartment Building King Avenue West N Figure 1: Future Single Detached Dwelling Lots 61 Municipality of Clarington Report PSD -090-17 Page 5 2.4 The proposed Draft Plan of Subdivision (Figure 2) would have the effect of creating four blocks to accommodate the proposed phased development. Block 2 is the location of the two mixed use buildings, Block 1 would contain the apartment building, while Blocks 3 and 4 would contain the townhouse blocks (10 units). Block 6 is to accommodate the proposed realignment of Given Road. The plan also includes a park block east of Pedwell Street and a road widening along King Avenue. 2.5 The proposal includes a mix of uses on the site, including an apartment building, two blocks of townhouses, and two mixed-use buildings with commercial on the first floor and residential units integrated into to the building. 2.6 Since the Public Meeting, the development concept has been revised as follows: x Elimination of the King Avenue West mid -block access; x Reduced height of building from six storeys (plus loft) to a maximum of six storeys at King Avenue/Rudell Road (Figure 3); x Reduced height of building adjacent to Given Road from six storeys (plus loft) to a maximum of six storeys (Figure 4 and Figure 5); x Adjust the type and mix of building materials, including less glass; and x Reduction in the number of apartment units from 180 to 172. 62 Municipality of Clarington Report PSD -090-17 l I oil I I I __. 1 BLOCK 1 f (Aeu—, 006S,*-) I BLOCK< 2 i 4 t .•�qa � - - -•.� natavz 5 L— —_ �r KING AVE (HIGHWAY P) V----F-T FTT' I 0 1 1 I{1D-- JCL=f�7[ I- Cj I I r I I I 1 I I I I I 1 I � I I I I I 1 I ' ADDITIONAL INFORMATION FEgMED UNDER I �i • o J ip 1-: PARI It _ Hu- rs 1 24 1 PART 10 BLOCK 5 . 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EAST-FUNINWL e ame , ,rs NEST - S71W NNTFA rACLrrf HNPm YIINICIPAL WA1EA pLpr� p 1 -TILL ima ,.n1 N -ALL YIfLCIPAL SOMC6 ANAILAliLE HON RFSIIIFHRAI OWNEWS AUTHORVZARM SURVEYOR'S CEHIIFICATE ravel ' TORNA7 im�eewN SUB,E�: vYC. Mir nlfnOFII _ �{yaYN11Lv % SINIYY O AND ASSOC" Lill- S R1' -GRIDDLE LI aNrARly ANDD JRUErnR N0."Y6ER 7, 2017 � Figure 2: Proposed Draft Plan of Subdivision 63 KEY PLM! �.•F: x"r"1i BLIK139 1 I � I 1 �e ,tires` APART � T !JR •� PART 10 BLOCK 5 Y PART .9 (Ae=aRa .) Na mvffa IIM1gY ua M AAMdLI DRAFT PLAN 1 OF SUBDIVISION PART OF LOT 30, CONCESSION 2 GEOGRAIFHIC TOWNSHIP OF CLARKE N W IN THE MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALRY OF DURHAM Id 93 1N ftAnnne In Con Ll rnllad i . oe monauitmo anginearm plan irm v — .a yn—.-,-,.a 115142 [1fd1NN Rf: R.R ALF" DP—I C-ECKED BY-, WE P1,41- ML. b1111-4 Page 6 :■n:li I — — iiii■ 1■1 i�=�rl��iuulraei_ 1_Ii _uuil� •�1 �l, i�e�-.!:'�� U•EGi ,..... 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Iii II •- I -u■■ ii iiii:i �111'i ke �IIII 11 i 11 IIJI .. �.1 I 0 !Jl_i. ii 0 Municipality of Clarington Report PSD -090-17 Original Submission Page 8 Current Submission p %0 AW EL Figure 5: Southeast Perspective View from Given Road/Rudell Road 2.7 The applicant's architect has also provided more visual analysis of the development in the context of existing grades and the development of the remnant Lindvest block to the north of the development. 2.8 Since the Public Meeting, OPA 107 was approved by the Region of Durham, including the Local Corridor along King Avenue West. As this was not subject of an appeal, the Official Plan Amendment 107 submitted in support of this application is no longer necessary and has been withdrawn. 2.9The applicant submitted the following studies in support of the applications which are reviewed in Section 7 of this report: x Planning Justification Report x Site Screening Questionnaire x Noise Study x Energy Conservation and Sustainability Plan x Shadow Study x Traffic Impact Study x Functional Servicing Report x Archaeological Assessment x Urban Design Plan 65 Municipality of Clarington Report PSD -090-17 3. Land Characteristics and Surrounding Uses Page 9 3.1 The subject lands are currently vacant. The existing Given Road right-of-way forms the north limit of the subject lands. The lands slope down towards King Avenue West, and towards the west to Rudell Road. 3.2 The surrounding uses are as follows: North Existing vacant, draft approved, medium density block at Given Road and Rudell Road (zoned to permit townhouse units); existing single detached residential dwellings in Registered Plan of Subdivision 40M-2501. South Existing single detached dwellings in Registered Plan of Subdivision 10M-819. East Existing single detached residential dwellings; long term care facility. West Existing dwellings along King Avenue West; a tributary of Wilmot Creek; and lands within approved Foster Northwest Neighbourhood Design Plan (Subdivision Application submitted). 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. Opportunities for redevelopment and intensification must be promoted. Municipalities must provide a variety of housing types and densities, and a range of housing options that are affordable to the area residents. Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. The subject applications are consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The lands are located in a Designated Greenfield Area within a settlement area. The Growth Plan establishes the target of 50 jobs and residents combined per net hectare in the Designated Greenfield Area. This target is measured across the Region of Durham. The Growth Plan encourages the creation of complete communities that are compact and transit -supportive, offering a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit -supportive and pedestrian -friendly developments will be concentrated along existing and future transit routes. . • Municipality of Clarington Report PSD -090-17 Page 10 The Growth Plan continues to reinforce and provide strong policies to guide growth in consideration of: x Making use of existing infrastructure; x Addressing traffic congestion in the GTA; x Avoiding the environmental impacts of continued urban sprawl, and impact to natural resources; x Avoiding low density and automobile dependent development; x Accommodating an aging population and providing more varied housing unit types and affordability; x Supporting the Province's Climate Change Action Plan. The proposed development conforms to the objectives of the Growth Plan and contribute to population targets. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands Living Area. King Avenue West is an arterial road and is also designated as a Transit Spine. The Region has implemented existing Growth Plan targets. Development applications in Living Areas must consider having a compact built form, including providing intensive residential and mixed uses along arterial road and transit routes. Consideration must also be given to urban design, pedestrian connections, grid pattern of roads, and the availability of services and infrastructure. The Region's Official Plan establishes a framework for Regional and Local Corridors. The Region's Official Plan identifies and maps Regional Corridors, and provides a policy direction to local municipalities for designating Local Corridors in local Official Plans. Local Corridors are mixed use areas, planned to support frequent transit service. Local Corridors make connections to Regional Centres (ie. Downtown Newcastle, Downtown Bowmanville, Bowmanville West Town Centre). Local Corridors support a long term density target of a minimum 30 units per gross hectare, and a Floor Space Index of 2.0. Corridors have the following characteristics: x Promote transit having a mix of uses with higher densities; x Aensitive urban design that orients development to the corridor and access points are consolidated; x Maintain and enhance historical main streets, and integrate new development with existing; and x Preserve and enhance cultural heritage resources. This section of King Avenue West is a Type `A' Arterial road and has the most restrictive access and intersection spacing, and the most rigorous design requirements. 67 Municipality of Clarington Report PSD -090-17 Page 11 Access/intersection spacing shall be a minimum of 200 metres along a Type `A' Arterial road. The proposed development, as revised, conforms to the Regional Official Plan. 5.2 Clarington Official Plan On November 1, 2016, Council adopted Official Plan Amendment 107 to bring the Clarington Official Plan into conformity with the Regional Official Plan and provincial policies. Objectives of the Official Plan are: x to create walkable neighbourhoods and to provide a variety of uses within each neighbourhood. x to provide for a variety of housing densities, tenure and types in neighbourhoods for all incomes, ages and lifestyles. The approved Clarington Official Plan establishes urban structure typologies and built form directives for Centres, Corridors, Transportation Hubs, Waterfront Places, Edge of Neighbourhoods, Along Arterial Roads and Internal to Neighbourhoods. The subject lands are within a "Local Corridor". Mixed-use buildings, apartments and townhouse units are permitted (between two and six storeys) with a minimum net density of 40 units per net hectare. The mix between low-rise (two-four storeys) and mid -rise (five -six storeys) shall generally be split 80% and 20%, respectively, measured across the local corridor area. Local Corridors are considered one of the Priority Intensification Areas and one of the areas for higher densities in Greenfield Areas. Corridors shall be comprehensively developed to provide mixed uses and densities that support transit -oriented development, uses that are complementary to the function of the corridor and site design that is sensitive to the existing neighbourhoods. Corridors are approximately 100 metres deep on both sides of the road. The non-residential floor area policies limit the cumulative floor space to a maximum of 1,500 square metres per site in a Local Corridor, with individual commercial units having a maximum floor area of 300 square metres. Consistent with the Region's Official Plan, King Avenue West is an arterial road and is designated as a Regional Transit Spine. Higher densities and economic activity are to be directed along the Transit Spine, around Transportation Hubs and along Regional and Local Corridors. The Clarington Official Plan includes detailed site and urban design policies to be considered during the review of development applications. The intersection of King Avenue and Rudell Road is defined as a prominent intersection and special urban design policies apply. Municipality of Clarington Report PSD -090-17 Page 12 Urban design polices dealing with the relationship to the street, height and massing, open spaces and connections are applicable at the rezoning/subdivision stage, while other policies on detailed building design, architectural elements, landscaping and lighting are applicable at the site plan review stage. No significant natural heritage features are identified on the subject lands. The lands are within the Foster Neighbourhood which has a targeted unit count of 1,917. Consistent with the Region's Official Plan, King Avenue West is a Type `A' arterial road and is also designated as a Regional Transit Spine. The proposed applications conform to the Clarington Official Plan. 5.3 Foster Northeast Neighbourhood Design Plan The proposed plan of subdivision is within the Foster Northeast Neighbourhood Design Plan. The design plan predates the approval of current Provincial, Regional and Local policies that now require higher densities along corridors and throughout new neighbourhoods. The Neighbourhood Design Plan identifies a medium density block at the intersection of King Avenue West and Rudell Road, together with the Lindvest block to the north of existing Given Road. Street `E' (McDonald Crescent) is proposed to loop south to King Avenue, as a window street. The plan shows Given Road being completely closed and a parkette block on the east side of Pedwell Street. Neighbourhood Design Plans are being replaced by Secondary Plans in new communities. Given the near buildout of the neighbourhood, the amendment to the Neighbourhood Design Plan is appropriate at this time. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Holding — Urban Residential Type One ((H)R1) Zone". A rezoning is required to permit the requested uses. 7. Summary of Background Studies 7.1 Planning Justification Report, D.G. Biddle & Associates, March 2017, updated October 2017 This report provided a detailed planning context of the subject lands and surrounding neighbourhood along King Avenue West in Newcastle. The report identifies that the land is part of the Living Area in the Region's Official Plan and within a proposed Local Corridor in the Clarington Official Plan — now approved by OPA 107. Municipality of Clarington Report PSD -090-17 Page 13 The report finds that the development proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and conforms to current Durham Regional Official Plan, and Clarington Official Plan as amended by OPA 107. 7.2 Functional Servicing Report, D.G. Biddle & Associates, February 2017, updated October 2017 The Functional Servicing/Stormwater Management report indicates the lands can be serviced by connecting to existing sanitary sewers and water services in the neighbourhood. Since there is limited capacity in the existing sanitary sewer system, full build out of the development will require the extension of the Wilmot Creek trunk sanitary sewer to service the Foster Creek Neighbourhood. Final phasing details will be determined at the site plan approval stage and prior to construction. Existing storm sewer connections will convey stormwater from the site to the existing stormwater management facility on the west side of Rudell Road. 7.3 Traffic Impact Study, Tranplan Associates, April 2017, updated October 2017 The original report found only minor impacts from the development on the adjacent road network. The roads and intersections would continue to generally operate at a good level of service and the following recommendations were proposed: Monitor operation of the King Avenue and Rudell Road intersection and adjust signal time to accommodate the peak hour directional traffic volumes. - Monitor traffic patterns at King Avenue and Pedwell Street intersection; it is likely that full signalization of the intersection will be warranted when the study area is fully built -out. - Implement Transportation Demand Management strategies in accordance with the Clarington Transportation Master Plan by providing pedestrian and cycling connections to existing sidewalks and future active transportation networks. The updated October 2017 report provided updated findings based on the latest concept plan and without the right-in/right-out mid -block access to King Avenue West. The updated traffic study concluded that the site traffic has a minor impact on the adjacent road network. The study demonstrates that there will be sufficient on-site resident, visitor and commercial parking available. All resident and visitor parking will be underground, including resident and visitor spaces for the residential units within the commercial buildings, and visitor spaces for the 10 townhouse units fronting onto Given Road. Resident parking for the 10 townhouse units along Given Road will be in the driveway and garages accessed from the internal road. The surface parking for the commercial units will be for patrons only, with staff parking provided underground. 70 Municipality of Clarington Report PSD -090-17 Page 14 7.4 Urban Design Report, Romanov Romanov, April 2017, updated October 2017 The report provides an analysis of how the design of the site and building satisfies the objectives of the Urban Design and Prominent Intersection policies of the Official Plan and the site's location in a designated local corridor. The report also provides a detailed assessment of how the grading of the site accommodates the built form of the development, including the underground parking. The lowest point of the site is at King Avenue and Rudell Road. The elevation of Given Road is higher than the subject lands which has the effect of screening the first floor of the development giving an appearance of a shorter, four storey building along the Given Road frontage. The October 2017 report was updated to reflect the adjustments in height of certain sections of the building to address resident concerns. 7.5 Sustainability Plan, D.G. Biddle & Associates Limited, April 2017 The report identifies preliminary construction techniques that will be employed on site to meet sustainable development objectives including energy efficiency, air quality, water quality and quantity, solid waste, natural environment and homeowner education. 7.6 Shadow Study, Romanov Romanov, March 2017, updated October 2017 The report provides an overview of shadows cast by the development at the shortest and longest days of the year, and on the spring and fall equinox. During the spring, summer and fall months, shadows do not extend past Given Road road allowance, or into the existing subdivision. These are the months when residents will most likely be enjoying their outdoor spaces. The worst case scenario, on the shortest day of the year in December, shadows cast by the development extend north of realigned Given Road, however the majority of the shadows will be cast onto the vacant Lindvest parcel, with long shadows having limited impacts in the early morning, and late afternoon at the most southerly existing lots along McDonald Crescent. 7.7 Noise Impact Study, D.G. Biddle & Associates Limited, February 2017 The preliminary Noise report identifies noise mitigation techniques in the form of mandatory air conditioning for apartment units and special wall construction and window glazing for the building along King Avenue West. The report also recommends warning clauses for agreements of purchase and sale. The noise study will require an update during the site plan stage once final grading, amenity space and additional architectural details are established. 71 Municipality of Clarington Report PSD -090-17 7.8 Archaeological Study Page 15 The Stage 1 study finds that 85% of the site lacks archaeological potential giving grading and disturbance. An area on the east side of the site, adjacent to Pedwell Street, has not been impacted by previous site alteration. This area may contain artefacts and requires test pits, further study and clearance prior to development. 7.9 Environmental Site Assessment A Site Screening Questionnaire was submitted with the application, however further Environmental Site Assessment will be required given grading/filling activity on site. 8. Public Submissions 8.1 A Public Information Centre was held May 9, 2017 at the Newcastle Public Library. Upwards of 100 people were in attendance. At the Public Meeting held June 5, 2017 twenty residents spoke out in opposition to the applications. 8.2 In addition to the comments received at the Public Information Centre, staff have received several written comments expressing concerns. Comments and enquiries of support have also been received from those interested in a residential unit or retail space for their business. 8.3 Principle concerns raised to date relate to: x Development is too dense, buildings too tall and will obstruct views and produce shadows. x Apartments are not desirable; residents were told land to be developed with townhouses or other uses, but not apartments. x The type and design of development does not fit in with historic character and small town feel of the Village of Newcastle. x Concerned about the future of McDonald Crescent, and no longer being a crescent. x Loss of green/amenity space — Where will kids play? What are plans for the park? x Protection of trees, additional tree planting and improved maintenance requested. x How will stormwater be addressed and what are the impacts to the environment? x The development will have a negative impact on other businesses, including the historic downtown. x Tenure of proposed residential units (i.e. rental vs. ownership). x Traffic congestion, speeding, lack of transit and availability of parking — signals needed at Pedwell Street and King Avenue intersection. x Pedestrian and driver safety will be compromised; crossing guard needed. x School overcrowding. x Development would put a strain on local services, facilities and infrastructure. x Development would negatively impact property values and taxes. x Increase in police presence/crime rates. x More residents will result in additional littering and trespassing on private property. x Oarlook, headlights from cars will negatively impact privacy. 72 Municipality of Clarington Report PSD -090-17 Page 16 x Property will not be well maintained, become an eyesore. x Noise generated by the development will impact neighbouring residents. x Recommend a new long term care facility or other residential options for seniors. x Water pressure and quality is poor in the area. x Residents will experience negative impacts from construction (dust, vibration etc.). x What are the plans for adjacent parcels, partial development blocks? x Put restrictions on the builder. - No balconies facing the North or East. - Plant trees in the backyards of those living on Flood Avenue. - Building should be no higher than 4 storeys inclusive of loft. - Builder must pay to have security systems installed in houses within a 250m radius and pay the monthly bills for two years after residents move into the building. - Restrict purchases to one unit per family to prevent rental units. - Allow residents within 250m with free access to amenities for two years after opening (with the option of continuing at a reasonable cost). - Declare how many units will be luxury units or rental apartments. - Provide security and a 24/7 desk staff position. - All staff must be hired from within Clarington for the first 10 years. 9. Agency Comments 9.1 Region of Durham Regional Planning has not provided formal comments on the latest submission, however the Region's comments on the initial 206 unit mixed use proposal found that the proposed development is consistent with the Provincial Policy Statement and conforms to the Growth Plan. The proposal provides for mixed use development with mid -rise housing with a planned local corridor and along a transit spine. The development exceeds the minimum density requirements and conforms to the Regional Official Plan. The Region's plan does not identify any natural heritage or hydrologic features that require assessment. To mitigate noise from Highway 2 and any other sources, the recommendations of the Noise Impact Study, and any addendum reports, will be implemented during the site plan and condominium approvals. Prior to final approval the Region requires clearance from the Ministry of Culture Tourism and Sport regarding archaeological potential, and completion of the Site Screening Questionnaire or an appropriate Environmental Site Assessment. Regional Works provided many comments on the initial Functional Servicing Report and Traffic Impact Study, and the applicant subsequently updated the plans and reports to the Region's satisfaction. 73 Municipality of Clarington Report PSD -090-17 Page 17 The updated Functional Servicing report appropriately identifies that the residential development on the west side of the site will need to be phased given the proposed Trunk Sewer needed to ultimately service the Block 1 lands. There is capacity for approximately 150 persons at this time. Development of the commercial buildings can be serviced by existing sanitary sewer on Pedwell Street. Water services will need to be upgraded and looped to service the lands with both domestic and fireline connections. Regional Works accepted the findings of the Traffic Study, and determined that the right- in/right-out midblock access at the on-site roundabout was not necessary or supported given the predicted level of service at both Rudell Road and Pedwell Street intersections. The Region notes that King Avenue West is a Type `A' arterial road in the west end of Newcastle Village, but only has one lane of travel in each direction making access control very rigid. Together with the design requirements for a controlling a right-in/right-out movement (tapers, median, trumpets etc.) Regional Works determined that an entrance to King Avenue is not supported at this time. Road widenings will be required along King Avenue. The Region has requested that the internal road width be widened from 6.0 m to 6.5 metres to accommodate Regional Waste Pickup. The Region's comments included proposed conditions of Draft Approval which have been included in Attachment 2. 9.2 Durham Region Transit Durham Region Transit has no objections to the application and has provided site plan related comments and suggests a public walkway, mid -block between Rudell Road and Pedwell Street should be provided. DRT also notes existing stops east of Rudell Road and Pedwell Street to be maintained during the development of the subject lands. 9.3 Ganaraska Region Conservation Authority The Ganaraska Region Conservation Authority provided technical comments to the applicant regarding the submitted stormwater management study which the applicant's consultant address. The Conservation Authority has no objection to the approval of the applications, and provided conditions of approval. 9.4 Veridian Connections While Veridian Connections has no objection to the development, expansion/upgrades to the electrical system are required to service the development including padmounted transformer(s). 74 Municipality of Clarington Report PSD -090-17 Page 18 In addition, the existing services that exist along abutting road allowances may have to be relocated to accommodate the development. An existing line along Given Road will have to be addressed/relocated. These technical comments have been forwarded to the applicant and must be resolved as part of the site plan approval and detailed design stage. 9.5 School Boards Both the Kawartha Pineridge District School and the Peterborough Victoria Northumberland and Clarington District School Board have both advised that they have no objection to the proposal. 9.6 Canada Post and Enbridge Gas have no objections. Technical comments were forwarded to the applicant. 10. Departmental Comments 10.1 Engineering Services Engineering Services Department has no objection to the proposed development. Access to the development will be via Given Road and Pedwell Street, without direct access to King Avenue West. The realignment of Given Road and connection to McDonald Crescent can be supported in principle subject to the applicant pursuing the road closure and conveyance and subject to Council's approval. Special conditions of Draft Approval are recommended to implement the realignment at the applicant's cost. The Clarington Engineering Services Department can support an entrance to Pedwell Street, however the access should shift as far north as possible, which will result in the loss of one lot on the west side of Pedwell Street in the location of the former road allowance. As Lindvest owns a small triangle that would assist in creating this additional proposed lot, the Municipality acknowledges that further consultation with Lindvest is required. This will be reviewed through the site plan application. The applicant must install a suitable slip or bypass lane on the east side of Pedwell Street. This will allow through traffic to proceed north should there be any northbound left -turn queuing and to ensure no impact to the intersection. The preliminary design for the slip lane requires further refinement and will be addressed at the detailed design stage. Other standard conditions of approval will be applied relating to road design, final approval of servicing, grading and engineering details, noise attenuation and parkland dedication. 75 Municipality of Clarington Report PSD -090-17 10.2 Emergency and Fire Services Page 19 Emergency and Fire Services has no objections and has provided technical comments to be addressed at the site plan stage. Fire routes are to be provided and signed appropriately as no parking/fire route. The distance from fire hydrant to the fire department connection cannot exceed 45 metres. 10.3 Building Division The Building Division has no concerns with the proposed applications. 10.4 Operations The Operations Department has no objections to the proposal in principle. However they have requested details on new public infrastructure proposed by this development. Additional comments relating to a future site plan application would be required to address snow storage, maintenance of clean roads during construction, and snow clearing of the public sidewalk. 11. Discussion 11.1 The Proposal implements the Official Plan's Community Structure for Newcastle The subject site is located within a Local Corridor in the approved Official Plan connecting to the downtown. The Local Corridor policies support mixed-use developments up to six storeys in height, provided the policies of the Official Plan can be satisfied. The purpose of establishing Local Corridors in Clarington Official Plan Amendment 107 is to support the overall framework for growth that can accommodate population and housing targets. Encouraging higher densities in key areas that support transit initiatives and helps to build a critical mass to support the business case for expansion of transit services. Midrise development also reduces consumption of agricultural land, provides a range of housing choices, efficiently uses infrastructure and supports climate change initiatives. The development provides a residential density of 110 units per net hectare, and a Floor Space Index of approximately 1.2. The development meets the minimum density requirements however the Floor Space Index falls short of the Local Corridor Target of 2.0 which is intended to be a long term target. The site is within a section of Local Corridor that extends between the Newcastle urban boundary to the west, and the village commercial centre to the east. Based on other constraints to development and redevelopment within the Newcastle Local Corridor (existing fire hall, municipal lands, open space including stormwater management facilities, existing low rise development), there are limited opportunities to accommodate higher densities. While the majority of the apartment building is four storeys, higher densities are being achieved only because the proponent is constructing underground 76 Municipality of Clarington Report PSD -090-17 Page 20 parking. This development contributes to the Municipality's overall built form and housing unit targets for the Local Corridor. A total of 1,570 square metres of commercial floor space is proposed. The Official Plan policy permits this amount of commercial floor space, however individual stores will be limited to a maximum of 300 square metres to limit the scale of commercial units to service the neighbourhood. The proposed Zoning By-law amendment implements this requirement. Overall, the density, built form and unit types conform to the Regional and Clarington Official Plan and implement the community structure plan. 11.2 The Building Height has been Reduced Following the Public Information Centre and Public Meeting the proposal was revised to address comments regarding scale, height and design. x Eluced height of the apartment building at King Avenue/Rudell Road by removing the loft from six storey elevation; x Reduced height of the apartment building adjacent to Given Road from six storeys (plus loft) to a maximum of five storeys without any loft; x Adjust the type and mix of building materials, including less glass; Design elements of the project will be further elaborated through the site plan process. While the Village has significant historical buildings in the central commercial area, the subject lands are within a suburban area of Newcastle. Through the site plan process, staff will provide balanced consideration of the site's existing context and the Official Plan urban design objectives, including prominent intersection policies. With the removal of the lofts and the reduction of one storey for the portion of the apartment building along Given Road, the visual impact is reduced by two storeys. 11.3 Privacy and Overlook is not an issue due to reduced building heights, relative grades and intervening buildings A major concern for residents of Flood Avenue was the potential overlook of their rear yards from this development. It is staff's view that this is not of concern due to the following: x The building height at the northern portion of the building (by the Given Road/Rudell Road intersection) has been reduced as outlined in the previous section. x There is a significant grade change, particularly on the easterly sections, where the single detached homes on Flood Avenue are at a higher elevation than the apartment building, thus obscuring the views behind the privacy fences. x There is a future intervening townhouse development on the Lindvest townhouse block on the north side of Given Road. This townhouse development will block views into rear yards with the exception of limited gaps between the townhouse 77 Municipality of Clarington Report PSD -090-17 Page 21 blocks. Even there, the grade changes and privacy fencing at the rear of the Flood Avenue lots will make any views extremely limited. The images demonstrate that once the townhouse units are built on the Lindvest parcel, the obstruction of views and perceived negative impacts to privacy are negligible. The images assume two storey townhouses on the vacant lands, Figure 6: View from Flood Avenue residence toward the apartment building with view of intervening two-storey townhouse north of Given Road on Lindvest Lands. Figure 7: View from 5t" floor apartment building looking toward Floor Avenue with intervening two-storey townhouses on Lindvest Lands. Municipality of Clarington Report PSD -090-17 Page 22 Shadow impacts as outlined the Shadow Study (See Section 7.6) will be minimal on existing residential dwellings. 11.4 Neighbourhood Level Commercial Uses are provided. As population growth continues in Newcastle, so too will the demand for retail space and services. In planning for complete communities the goal is to provide services and convenience opportunities within 5-10 minute walk. The intersection of Pedwell Street and King Avenue East is approximately a 10 minute walk from Mill Street making virtually all of this neighbourhood outside of the ideal walking distance to the downtown commercial area. The commercial units will service the west end of Newcastle, generally west of Foster Creek, with limited convenience type uses. Store sized are limited to 300 square metres. In staff's opinion, the commercial services offered through this project will not have any negative impact on the existing downtown. Instead the proposed retail space will provide amenities that are needed for a growing walkable neighbourhood. 11.5 The Condominium Apartment Building will contribute to the variety and affordability of housing in Newcastle The applicant has clarified that the proposed apartment building will be condominium tenure. This does not preclude some units from being purchased as an investment and rented. Many residents have raised the question of whether the units would be assisted housing or "geared to income" units in a rental building. The Planning Justification Report referenced that the proposed development improves housing accessibility by increasing the provision of "affordable" housing. The term "affordable" is used in a relative sense to compare a unit within the proposed condominium building versus a single detached dwelling in the general vicinity. These units are expected to be considered mid-range condominium units and affordable for moderate income families, including some seniors. So while it contributes to a variety of housing choice, it doesn't provide housing for low income residents. 11.6 Expansion of School Capacity has to be addressed by the School Boards for not only this project but for the Neighbourhood as it grows School capacity is raised as a concern. It should be noted that apartment style units, regardless of tenure, yield considerably fewer students per dwelling than single detached homes. Many of the apartment units are occupied by adults only. For planning purposes the public school board has previously indicated that on average there are only 0.027 elementary age students per apartment unit and 0.0134 secondary school students per apartment unit. For Townhouse units the estimated student yield is 0.2326 and .0673 for elementary and secondary schools respectively. Based on these numbers the total development will yield approximately seven elementary school and four secondary school students respectively to the Kawartha Pine Ridge District School Board system. Generally, yields to Separate School Board are less than the public board. T Municipality of Clarington Report PSD -090-17 Page 23 School boards have the exclusive jurisdiction over school capacity concerns or new school construction. New school sites are planned, together with the school boards, as part of Secondary Plan or Neighbourhood Design Plan exercise, based on projections for school aged children related to proposed growth in the area. However, provincial funding together with a declining school enrolment has seen designated and approved school sites in all three urban areas being relinquished by both the public and separate school boards. With the relinquishment of the Elementary School site on Grady Drive, it is our understanding that Kawartha Pine Ridge District School Board is considering an elementary school as part of new school facilities on the site that they acquired on the west side of Rudell Road. Both the Kawartha Pineridge District School Board and the Peterborough Victoria Northumberland and Clarington District School Board have both advised that they have no objection to the proposal. 11.7 Regional Review has constrained site access Due to access spacing requirements of the Region of Durham for Type "A" arterials, the right-in/right-out access to King Avenue has been deleted. The Region and Clarington Engineering Staff are satisfied that the development can function adequately with access via Rudell Road and Pedwell Street. At such time King Avenue West is widened to two lanes in each direction, it may be possible to introduce a right-in/right-out access along King Avenue. The existing signals at Rudell Road, and future signals at Pedwell Street will ensure safe traffic movements in and out of the development and existing neighbourhood and will provide safe pedestrian crossings for residents and students. The east side of Pedwell Street will be widened to accommodate a slip lane in the event that northbound traffic creates a queue from turning left into the site. 11.8 Realigned Given Road connecting to McDonald Crescent will not create significant impacts The revisions to the road network are presented in the amendment to the Neighbourhood Design Plan (Attachment 1). Some residents were concerned about traffic impacts with McDonald Crescent becoming connected via Given Road to Rudell Road, versus maintaining a crescent with access to Flood Avenue only. Staff have reviewed this concern in depth including discussions with the traffic consultant. Very few vehicular trips from the development will use McDonald Crescent. Terminating Given Road as a cul-de- sac is not desirable where opportunity for a more grid like pattern is possible. It removes options for better pedestrian and vehicular circulation including easier access for McDonald Crescent residents to Highway 2and thus reducing their reliance of Flood Avenue as the only point of access. Staff recommend Given Road connect to McDonald Crescent. Municipality of Clarington Report PSD -090-17 11.9 Pedestrian Connectivity to transit and Highway 2 will be enhanced Page 24 To address Durham Regional Transit comments about access to transit stops and overall pedestrian connectivity within the neighbourhood, a condition of Draft Approval requires the owner to provide a public easement over the subject lands (mid -block between Rudel Road and Pedwell Street) which will have the effect of connecting the rest of the neighbourhood to King Avenue West. This will be in the form of a sidewalk or paved connection, with final location and details determined at the final approval stage. 11.10 Sufficient Parking is provided Residents expressed concern about the lack of parking on site. As discussed in the Traffic Impact Study (Section 7.3) on-site parking has been provided in accordance with the provisions of the Zoning By-law including visitor parking at a rate of 0.25 spaces per unit.. An area of the underground parking will be reserved for residents, while a separate area will be set aside for visitor and staff of the commercial units. This will be implemented through the site plan and condominium approvals. 11.11 Water and Sanitary Sewer services will be upgraded Water and sanitary sewers are available to service the site, however development of the apartment building on Block 1 is dependent on the trunk sewer extension via Toronto Street to the Foster Neighbourhood. Site plan conditions will be required to address servicing and phasing. The Region indicates that the trunk sewer work will be tendered late 2017/early 2018. Regional Works staff were forwarded all resident concerns and comments relating to lack of water pressure. Regional staff indicated that the water pressure for the entire Foster Creek neighbourhood is within the acceptable servicing range (above 275 kPa / 40 psi). The proposed development is not expected to impact existing water pressure given the location of the site and the existing watermain infrastructure. An upcoming Environmental Assessment will be assessing the water system in Newcastle. 11.12 On-site Amenity Space will be provided and public parkland will be enhanced Through the site plan process, the applicant must demonstrate that there is sufficient private amenity space on site. Amenity space guidelines seek to provide a minimum of four square metres per unit. Based on 198 units, a total of 792 square metres (8,525 square feet) will need to be provided on the site plan. This has been included as a requirement of the zoning by-law amendment. The intent of amenity space on site is to provide outdoor recreation space for residents of the development. It could be provided at grade or on the roof top, and could include play area for children, shade structures, barbecue space, seating, and landscaping among other elements. The applicant continues to explore where this will be provided on site but is prepared to provide the space in accordance with the Municipality's Amenity Space Guideline. W Municipality of Clarington Report PSD -090-17 Page 25 Public parkland is also provided at a neighbourhood level. Block 5 will be dedicated to the Municipality as part of the Owner's public parkland requirements and will meld with a small parcel located just east of Block 5 to create a landscape feature along King Avenue. The Rickard neighbourhood park is situated along Grady Drive, with another park planned west of Rudell Road. Future park plans within the 5 year capital works forecast anticipate the construction of additional sports fields on the lands surrounding the Diane Hamre Recreation Complex. These parks together with nearby walking trails provide multiple areas for outdoor recreation. 11.13 Mid -rise development does not create the perceived social impacts that residents fear Residents raised concerns that the project would attract the criminals or criminal activity, have a negative impact on property values, and lead to additional noise, littering and trespass on private property. These opinions are not supported by research. People who live in mid -rise apartments, whether rental or condominium tenure, are a cross- section of society like the rest of the neighbourhood. One resident also requested putting restrictions or costs on the builder which are not supported by staff. It is unreasonable to expect the owners of the new condominium units to, for example, provide free access to their private amenity space or install security systems in adjacent homes. 11.14 Construction Impacts will be consistent with a new neighbourhood. A new neighbourhood builds out over a number of years creating inevitable impacts on the first residents to move into the area. Municipal staff will take the evolving municipal practices to mitigate the impact on existing residents. This includes a dust management plan which is a condition of all development approvals. This does not mean that dust from construction will be completely eliminated, the aim is to keep it under control. This will equally be applied to the medium density site to the north of the subject lands. 11.15 Proposed Disposition of the Applications a) Official Plan Amendment With the approval of the Official Plan Amendment 107 to the Clarington Official Plan by the Region of Durham on June 19, 2017 implementing the Municipality's comprehensive review, the proposed application implements Council's policy with respect to Local Corridors. Accordingly, the Official Plan amendment application is unnecessary and the file will be closed at the Applicant's request. ME L0 Jr 11� Municipality of Clarington Report PSD -090-17 b) Amendment to Neighbourhood Design Plan Page 26 The proposed amendment to the Neighbourhood Design Plan (Attachment 1) provides for the realignment of Given Road and the creation of the proposed mixed use block. Lindvest, the owner of the medium density block has indicated they may proceed with 21 street townhouse units in five blocks, although they have not completed their analysis. This is also represented in the amendment to the design plan but will still require Planning Act approvals should they wish to proceed. c) Proposed Conditions of Draft Approval Conditions of Draft Approval (Attachment 2) contain standard conditions reflecting staff and agency requirements. Special conditions relating to the closure and conveyance of Given Road, cost sharing for the signalization of Pedwell Street at King Avenue West, and parkland dedication are included. Parkland will be calculated a rate of 1 hectare per 300 units for the residential component and 2% of the land area for commercial purposes, less the dedication of the parkette Block 5 (0.136 ha), with the remaining parkland provided as a cash -in -lieu payment. The applicant has provided their concurrence on the conditions of draft approval. d) Proposed Zoning By-law Amendment The proposed Zoning By-law Amendment (Attachment 3) places lands in a site specific Urban Residential R4 zone and a site specific General Commercial (C1) Zone which are scoped to permit the development as presented on the preliminary site plan. e) Closure/Conveyance of Given Road The applicant is requesting the closure and conveyance of part of the Given Road, road allowance and the realignment of the right-of-way. A condition of approval will require the applicant to proceed through the Municipality's closure and conveyance process to facilitate the development. 11.16 Taxes All taxes owing to the Municipality of Clarington have been paid in full. 12. Concurrence Not Applicable. Municipality of Clarington Report PSD -090-17 13. Conclusion Page 27 The proposed development successfully implements the Municipality's vision for a mixed use, higher density development along a Local Corridor and the primary transit spine of the Region. The proponent has responded to resident concerns regarding height and building materials which has resulted in a reduction of units. The only part of the building at six storeys will be the portion right at the corner of Rudell Road and Highway 2 while the majority of the building is four storeys tall. It is respectfully recommended that the applications to for a mixed use development including 198 residential units and 1,570 square metres of commercial floor space be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Director of Planning Services Andrew C. Allison, B.Comm, LL.B CAO Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott(o)_clarington. net Attachments: Attachment 1 — Proposed Amendment to the Foster North East Neighbourhood Design Plan Attachment 2 — Proposed Conditions of Draft Approval Attachment 3 — Proposed Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. ATS/CP/tg/ah 11^Department\LDO NEW FILING SYSTEMWpplication Files\SC-Subdivision\S-C-2017\S-C-2017-0006 Tornat\Staff Report\Recommendation\PSD-090-17_Final.docx MI ��5 5� 3 • , , I , � I I I I I i i i i SC�DG\, II �0� I I I I i ---------------------� _ I T -T -T -T T-_ T_ r r_ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1 , 1 r L11-L11J F -__-r IL___y II �IrI �UL_____ II 7 r---71 I 0 -r7n-rT-r7 I I I I I I � -LJ J_L1_Lj I T- -F 7T--T-I—I------ - It I I I I I I I I -� I 1 1 1 1 1 1 1 SWM I i I I I ....... ._._.-.L._._._I_ A q NgD/\`\\ N • • ` • • \ • • • • • \ ` • • • • • • • • • \ • • • ♦ Z • • I� • • • ♦ • U • • v • • N��f • • • • • ♦ ♦ ♦ • FA N CRESCENT • ♦ • • U • • • ♦•• • o . • • ■ • • ■ z o 'll , - DRAWN _ - �= -r- - r 7 - r - — - --- — T- 5� r -- - T M.J.F. IOU I i — TrrT-_ I onsulting engineers and planners C4,v)h_.7KING STREET EAST • OSHAWA,ON • LII H 1B6 PHONE (905)576-8500 FAX (905)576-9730 info©dgbiddle.com 115142 Q, THE KINGS HIGHWAY No.2 Attachment 1 to Report PSD -090-17 g T O LEGEND EXISTING RESIDENTIAL AREAS ® MIXED USE COMMERCIAL ® MID -RISE RESIDENTIAL ® MEDIUM DENSITY RESIDENTIAL 6.Om STREET TOWNHOUSE LOW DENSITY RESIDENTIAL 10.Om SINGLE DETACHED UNIT ® 12.Om SINGLE DETACHED UNIT - 15.Om SINGLE DETACHED UNIT APPROVED APPROVED FOR THE PURPOSE OF MAKING AN APPLICATION FOR A PLAN OF SUBDIVISION UNDER SECTION 51 OF THE PLANNING ACT DIRECTOR OF PLANNING SERVICES DEPARTMENT DIRECTOR OF ENGINEERING SERVICES DEPARTMENT FOSTER NORTH NEIGHBOURHOOD PLAN LAND USE PLAN _ _._._._._._._._._._._._. �- --I - I- r 7.-I - I- r -1-1- - - , - DRAWN _ - �= -r- - r 7 - r - — - --- — T- 5� r -- - T M.J.F. yL i i i I i — TrrT-_ I onsulting engineers and planners C4,v)h_.7KING STREET EAST • OSHAWA,ON • LII H 1B6 PHONE (905)576-8500 FAX (905)576-9730 info©dgbiddle.com 115142 Q, - rr-T -I� I I I I i I j 1 i L-_r__�Wi r. I F 1 7 F_ Z I I I I I I I I I r � I II I I I i i I i L I i II I li-.. l I i Attachment 1 to Report PSD -090-17 g T O LEGEND EXISTING RESIDENTIAL AREAS ® MIXED USE COMMERCIAL ® MID -RISE RESIDENTIAL ® MEDIUM DENSITY RESIDENTIAL 6.Om STREET TOWNHOUSE LOW DENSITY RESIDENTIAL 10.Om SINGLE DETACHED UNIT ® 12.Om SINGLE DETACHED UNIT - 15.Om SINGLE DETACHED UNIT APPROVED APPROVED FOR THE PURPOSE OF MAKING AN APPLICATION FOR A PLAN OF SUBDIVISION UNDER SECTION 51 OF THE PLANNING ACT DIRECTOR OF PLANNING SERVICES DEPARTMENT DIRECTOR OF ENGINEERING SERVICES DEPARTMENT FOSTER NORTH NEIGHBOURHOOD PLAN LAND USE PLAN _ _._._._._._._._._._._._. �- --I - I- r 7.-I - I- r -1-1- - - , - DRAWN _ - �= -r- - r 7 - r - — - --- — T- 5� r -- - T M.J.F. G. Biddle Q Associates Limited _ 1 J _I_.L 1 J _I_.L /F -J- - � i r T.�. 1 r — L.J onsulting engineers and planners C4,v)h_.7KING STREET EAST • OSHAWA,ON • LII H 1B6 PHONE (905)576-8500 FAX (905)576-9730 info©dgbiddle.com SCALE 1:4000 DRAWN B. 3, DESIGN M.J.F. CHECKED M.J.F. DATE 11/23/17 PROJECT 115142 act, FIG 1 0 0 Elf D 0 m _ 0 w cnz w 0 a i 0 O O Elf D 0 m Elf z 0 z W 0 0 N i a w z a a 0 z a z W Ch 0 w 0 J a 1 w w O J C0 CDa 0 Clarington Conditions of Draft Approval File Number: S -C-2017-0006 Issued for Review: November 21, 2017 Notice of Decision: Draft Approved: David J. Crome, MCIP, RPP Director of Planning Services Municipality of Clarington Part 1 — Plan Identification Attachment 2 to Report PSD -090-17 The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C-2017-0006 prepared by D.G. Biddle and Associates Limited identified as job number 115142, last revised October 13, 2017 which illustrates an apartment block (1.096 hectares) containing 172 units, two townhouse blocks (0.147 hectares) containing 10 units, and a mixed use block (0.554 hectares) including 1570 square metres of commercial floor space and 16 residential units for a total of 198 residential units. The redline revisions are: Widen Given Road by an additional 1 metre on the south side of Given Road to accommodate an ultimate 20 metre right-of-way width (together with a future widening on the north side of Given Road, from the access to Block 1, westerly to Rudell Road 2. Add a 0.3 metre reserve to preclude access along the south side of realigned Given Road (along Blocks 1, 2, 3 and 4), with the exception of 30 m approximately 60 metres east of Rudell Road, which is subject to site plan approval. Part 2 — General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application-forms/subdivision- agreement.pdf Page 11 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.4 (1) The Owner shall be 100% responsible for the cost of a "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 4.7. After registration of a subdivision agreement, the provisions of the Page 12 87 Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3 — Final Plan Requirements 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings x A road widening to accommodate the realignment of Given Road shown as Block 6 on the draft plan x A road widening along the east side of Pedwell Street as shown as Block 8 on the draft plan (b) Sight Triangles x A 5 metre x 5 metre sight triangle at the corner of Rudell Road and realigned Given Road. (c) Reserves x A 0.3 metre reserve shown as Blocks x and x on the draft plan. (d) Parkland Dedications x Park or other public recreational area shown as Block 5 on the draft plan. (e) Easement for Public Walkways x The Owner shall agree through the subdivision agreement to transfer an easement for the construction of a walkway, at 100% cost of the Owner, in the vicinity of the common lot line of Block 1 and 2. The location of the walkway shall be detailed as part of the Site Plan approval. 3.4 The Owner shall transfer to the Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements: (a) Road widening along King Avenue West as shown as Blocks 7 and 9 on the Draft Plan to provide a minimum of 18.0 metres measured from the centreline of King Avenue West (Durham Regional Road Highway 2) along the total frontage of King Avenue West. Page 13 Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration 4.1 The Owner shall submit the following plans and report or revisions thereof Phasing Plan (1) The Owner shall submit plans showing the proposed phasing to the Municipality and the Region for review and approval if this subdivision is to be developed by more than one registration. The Phasing Plan must show how the roads and associated infrastructure within each phase are intended to connect to subsequent phases of development, including the provision of temporary or transitional works such as temporary turning circles, external easements for temporary turning circles, and associated frozen lots. The Municipality shall require the preparation of a subdivision agreement for each phase of development. Noise Report (2) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled entitled Noise Impact Study prepared by D.G. Biddle & Associates Limited and dated February 2017 (the "Noise Report"), Project No. 115142. The Owner acknowledges that an updated noise report will be required as part of Site Plan Approval for Blocks 1, 2, 3 and 4, and agrees to implement noise mitigation and warning clauses as recommended at that time. Functional Servicing (3) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Ganaraska Region Conservation Authority. Community Theme (4) Establishing a "Community Theme" will be approved as part of the required site plan approval for the blocks to the satisfaction of the Director of Planning Services and Director of Engineering Services. Consideration will be given to approve Community Theme plans for abutting lands in the Foster Neighbourhood to ensure that previously approved design elements can be extended to this plan, where feasible. Plans shall include a cohesive design for gateway treatments, landscape treatments, lighting fixtures, and fencing details and shall meet the Urban Design policies of the Clarington Official Plan, including the Prominent Intersection policies. Environmental Sustainability Plan (5) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan entitled Sustainability Energy Conservation Plan prepared by D.G. Biddle and Associates Limited, dated April 2017, to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase Page 14 89 recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. Soils Management Plan (6) Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Dust Management Plan (7) Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on-site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Part 5 —Special Terms and Conditions to be Included in the Subdivision Agreement 5.1 Lands Requiring Site Plans The owner shall not make an application for a building permit in respect of Blocks 1, 2, 3 and/or 4 until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. 5.2 Sale of Units within the Draft Plan of Subdivision As all lands require site plan approval which may result in the reconfiguration of the site, units and parking areas, the owner shall not offer for sale nor enter into Purchase and Sale Agreements until Draft Site Plan approval has been granted and to the satisfaction of the Director of Planning Services. 5.3 Closure, Conveyance and Realignment of Given Road Page 15 ac The owner apply for the closure, conveyance and realignment of Given Road road allowance. All approvals shall be subject to the approval of the Director of Engineering Services and by by-law approved by the Municipality of Clarington. The owner shall be 100% responsible for all costs associated with the closure and conveyance process. The owner shall be 100% responsible for all cost associated with the reconstruction of Given Road and for completing the necessary connections to McDonald Crescent. The Engineering drawings for the Subdivision S -C-2017-006 shall include all works necessary for the realignment, including but not limited to any utility/service relocation, road construction and road restoration along the former road alignment all to the satisfaction of the Director of Engineering Services. This work shall also form part of the Engineering Works Cost Estimate and Performance Guarantee. 5.4 Public Walkway The Owner agrees to provide a 3.0 metre wide access easement/dedication to accommodate a public connection over the plan to connect McDonald Crescent to King Avenue West. The exact alignment shall be subject to the approval of the Director of Engineering Services. The Owner agrees to construct a suitable hard surface connection with the easement with final approval determined at the Site Plan Approval stage. Grading of the connection shall be accessible in accordance with the Ontario Building Code. 5.5 Parkland (a) The Owner shall convey Block 5 to the Municipality for Park or other public recreational purposes and pay the Municipality cash -in -lieu of parkland under Section 51.1. of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that the land and payment represents the value of the land that would otherwise be required to be conveyed at the rate of 1 hectare of land for each 300 dwelling units in the draft Plan as of the day before the approval of draft Plan of Subdivision S -C-2017-0006, less the area of Block 5 at the time of registration of the plan. The Owner shall also pay the Municipality cash -in -lieu of parkland for the commercial block in the amount of 2% of the area of Block 2. (b) (1) In this section, "Park Plan" means a plan prepared by a qualified landscape architect showing: (a) all proposed park features including walkways, landscaping and seating areas; and (b) the proposed grading and stormwater drainage system to demonstrate that the proposed park size, configuration and topography will allow for the construction of park facilities. Page 16 91 (2) An Authorization to Commence shall not be issued for any Works until the Owner has submitted and the Director has approved the Park Plan. (3) The Owner shall construct, and ensure the Engineering Drawings incorporate the final grades for the park including 200 mm minimum topsoil and seeding, sodding, all storm sewer servicing within the park, and any other park facility as required within the approved Park Plan. (4) For purposes of the Subdivision Agreement, all works under the section 5.5(3) are considered a separate Works Component with a minimum maintenance period of 2 years. 5.6 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the noise report entitled Noise Impact Study prepared by D.G. Biddle & Associates Limited and dated February 2017 (the "Noise Report"), and the required addendum report, including noise attenuation measures and warning clauses. (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report. 5.7 Signalization of Pedwell Street/King Avenue West (1) Together with the adjacent landowner of Registered Plan 40M-2540 (Lindvest Properties), the Owner agrees to fund its proportionate share based on trip generation from the respective developments using standard engineering practices in the cost of the installation of traffic signals at Pedwell Street and King Avenue West to the satisfaction of the Director of Engineering Services. Part 6 — Agency Conditions 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. Page 17 92 (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) Prior to the finalization of this plan of subdivision , the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region of Durham's Site Contamination Protocol, which includes, but may not be limited to the submission of a Site Screening Questionnaire signed by the Owner and a qualified person. (4) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (5) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 6.2 Ganarska Region Conservation Authority (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit a detailed stormwater management report in accordance with the current MOE criteria and the report titled "function Servicing Report, Tornat Group, Given Road Foster Creek North", D.G. Biddle & Associates, October, 2017, which includes: x Conceptual Servicing Plan CP -1 (Feb 2017) x Conceptual Grading Plan CP -2 (Feb 2017) x Conceptual erosion and Sediment Control Plan CP -1 (April 2017) Be prepared to the satisfaction of the Municipality of Clarington and the Ganaraska Region Conservation Authority. (2) That a report be prepared to the satisfaction of the Municipality and the Ganaraska Region Conservation Authority detailed the means whereby erosion and siltation will be minimized and contained on the site both during and subsequent to the construction period. (3) That the Owner agrees in the subdivision agreement to carry out or cause to be carried out all of the measures and recommendations contained within the reports approved under Conditions 6.2 (1) and 6.2 (2). (4) That the Owner agrees in the subdivision agreement to maintain all erosion and siltation control devices in good repair during the construction period in a manner satisfactorily to the Municipality and the Ganaraska Region Conservation Authority Page 18 93 6.3 Ministry of Culture, Tourism and Sport (1) The Owner shall carry out archaeological assessment work for the subject property and mitigation and/or salvage excavation (if required) of any significant heritage resources to the satisfaction of the Ministry of Tourism, Culture, and Sport. No demolition, grading or other soil disturbances shall take place on the lands prior to the Ministry of Culture, Tourism and Sport confirming that potential adverse impact to the archaeological resources identified in the archaeological assessment prepared by AST Archaeological and Cultural Heritage Services, and dated November 29, 2016 have been addressed through measures such as preservation, resource removal, licensing and resource conservation requirements. 6.4 Canada Post Corporation (1) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. (c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. Page 19 MI (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 6.5 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Engineering Services. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7 — Standard Notices and Warnings 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: 7.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots/Blocks within this Plan of Subdivision: "Purchasers are advised that sound levels will be assessed in detail during the Site Plan Approval stage which is required as a condition of development for the subject lands. Purchasers are advised to refer to detailed warning clauses and noise mitigation techniques included in the Site Plan Agreement." Page 110 95 "Noise from road/rail traffic/existing/proposed commercial development may interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment's noise criteria." "Dwellings equipped with central air conditioning system will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of the Environment's noise criteria." "Dwelling units may be fitted with a forced air heating system and the ducting etc. sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MINISRY OF ENVIRONMENT AND CLIMATE CHANGE publication NPC -216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property)." "Despite the inclusion of noise control features in the design of the subdivision and individual units, noise levels from road/rail traffic/existing/proposed commercial development may be of concern and may occasionally interfere with some activities of the dwelling occupants as the noise exposure level may exceed the noise criteria of the Ministry of the Environment." 7.5 Public Walkway The Owner shall include the following warning clause in agreements of purchase and sale and lease agreements for Lots and units within the Draft Plan of Subdivision: "Public Walkway — A 3.0 m easement through Block has beer designated for use as a public walkway which shall be maintained and open for public use." 7.7 Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: "Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision." Page 111 Part 8 - Clearance 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning Services shall be advised in writing by, (a) the Region how Conditions 3.4(a), 4.1(1), 5.6, 6.1, 6.3 have been satisfied; (b) Ganaraska Region Conservation Authority, how Condition 6.2 has been satisfied; (c) Ministry of Tourism, Culture and Sport, how Condition 6.3 has been satisfied; (d) Canada Post, how Condition 6.4 have been satisfied; Part 9 — Notes to Draft Approval 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario LIA 3W4 (905) 885-8173. (c) Ministry of Tourism, Culture and Sport (d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 I:\"Department\LDO NEW FILING SYSTEMWpplication Files\SC-Subdivision\S-C-2017\S-C-2017-0006 Tornat\Correspondence\Attachment 1 Tornat Conditions of Draft Approval V1 Nov 16, 2017.docx Page 112 97 Municipality of Clarin Corporation of the Municipality of Clarington By-law Number 2017 - Attachment 3 to Report PSD -090-17 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, for ZBA 2017-0009; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 15.4 "Special Exceptions — Urban Residential Type Four (R4) ZONE" is hereby amended by adding thereto, the following new Special Exception: 15.4.42 Urban Residential Exception (R4-42) ZONE Notwithstanding 3.16 d., 15.1 a., 15.2 a., 15.2 c., 15.2 g., 15.2 h., 15.2 i, those lands zoned "R4-42" on the Schedules to this By-law shall only be used subject to the following zone provisions: a. Permitted Uses i) Apartment ii) Link Townhouse Dwelling b. Density i) minimum 130 units per net hectare ii) maximum 150 units per net hectare iii) The number of Link Townhouse Dwelling units shall not exceed 10 units. C. Private Lane Width (minimum) 6.5 metres d. Regulations for Apartment Buildings: i) The street fagade (minimum) shall be 70% of the length of Street Line along King Avenue West and shall have a setback between 2 metres and 8 metres ii) The street fagade (minimum) shall be 70% of the length of Street Line along Rudell Road and shall have a setback between 2 metres and 15 metres iii) Transparent Glazing on first storey along King Avenue West street fagade (minimum) 30% iv) Transparent Glazing on first storey along Rudell Road street fagade (minimum) 30% v) Setback to Street Line along Given Road (minimum) 6 metres vii) Height i) Minimum 4 storeys ii) Maximum 6 storeys iii) Maximum for a building within 25 metres Given Road 5 storeys ix) Underground Parking Structure Setbacks (minimum) 1.2 metres to any property line x) Provisions for air intake, parking structures, and stairwells a) Minimum 3 metre setback to any property line b) Maximum height of air intake/exhaust 1 metre c) Maximum height of stairwell for access to underground parking 2.5 m A) Bicycle Parking (minimum) 0.5 space per dwelling unit A minimum of 75% of the required spaces shall be within a building or structure. xii) Minimum indoor amenity space xiii) Minimum outdoor amenity space e. Regulations for Link Townhouse Dwellings: i) Setback to the Street Line along Given Road 2 square metres per unit 4 square metres per unit 1.5 m minimum ii) Exterior side yard setback to a private street or sidewalk 1.2 m minimum iii) Setback between Link Townhouse Dwellings without a common wall 5 m minimum Page 2 v) Minimum outdoor private amenity space per unit 30 square metres vi) Minimum outdoor shared amenity space 4 square metres per unit vii) Maximum height 12 metres 2. Section 16.5 "Special Exceptions — General Commercial (Cl) Zone" is hereby amended by adding thereto, the following new Special Exception: 16.5.64 GENERAL COMMERCIAL EXCEPTION (C1-64) ZONE Notwithstanding 3.12, 3.16 d., 3.17 a., 16.1, 16.2 and 16.3 those lands zoned C1- 64 as shown on the Schedules to this By-law shall be subject to the following uses and regulations: a. Permitted Residential Uses i) Single Detached Dwelling; and ii) Dwelling units as part of a building containing a permitted non- residential use(s); b. Permitted Non -Residential Uses i) Artisan Studio ii) Convenience Store iii) Retail Commercial Establishment iv) Business, Administrative or Professional Office v) Eating Establishment vi) Eating Establishment, Take-out vii) Financial Office viii) Fitness Centre ix) Day Nursery x) Dry Cleaning Distribution Centre A) Laundry xii) Medical or Dental Clinic xiii) Printing or Publishing Establishment xiv) School, Commercial xv) Service Shop, Personal xvi) Service Shop, Light C. Regulations for Residential Uses i) Single Detached Dwellings shall comply with the regulations in Section 13.4.45 ii) Dwelling units as part of a building containing a permitted non- residential use shall comply with the regulations in Section 16.2 b. and c. d. Regulations for Non -Residential Uses i) Lot Frontage (minimum) 50 metres Page 3 100 ii) Setback to Street Line along Pedwell Street and King Avenue West minimum 2 metres maximum 5 metres iii) Setback to R4-42 Zone (minimum) 1.5 metres iv) Setback to Street Line along Given Road (minimum) 20 metres v) Setback to R2-45 Zone (minimum) 10 metres vi) Height minimum 2 storey maximum 4 storeys vii) Storey Height First storey minimum 4 metres First storey maximum 5 metres All other storeys maximum 3 metres viii) Minimum Storey Requirements Above the ground floor, each storey shall contain a floor area equal to no less than 50% of the floor area immediately beneath it to be considered a storey. ix) Street Fagade Minimum length of the street fagade along King Avenue West and Pedwell Street 50%. x) Minimum amount of transparent glazing within the non-residential use street fagade 50% A) Each building shall have a minimum 12 metre street fagade along King Avenue and a minimum of one main active non-residential entrance within the street fagade. xii) Maximum gross floor area of non-residential units within a mixed use building 300 square metres xiii) Maximum total gross floor area of non-residential units within the C1-64 Zone 1,500 square metres xiv) Landscaped Open Space (minimum) 10% xv) Planting strip width abutting the R2-45 zone (minimum) 2 metres Page 4 101 xvi) Minimum bicycle parking/storage spaces for non-residential uses as a percentage of the required automobile parking spaces. 10% xvii) Minimum bicycle parking/storage spaces for residential uses, minimum of 75% of the required spaces shall be within a building or structure. 0.5 per dwelling xviii) Parking and Loading Parking Requirements for Commercial Plaza (minimum) 1 for every 20 square metres xix) Minimum number of loading spaces (3 metres x 7.5 metres) xx) Minimum aisle width (metres) 6.5 6. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Urban Residential Exception ((H)R4-42) Zone" "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding — General Commercial Exception ((H)C1-64) Zone" as illustrated on the attached Schedule `A' hereto. 7. Schedule 'A' attached hereto shall form part of this By-law. 8. Special provisions for removing the (H) Holding Symbol in the R4-30 and R3-53 Zone. In addition to the general provisions of the Official Plan with respect to the removal of the (H) Holding symbol, Council shall only enact a by-law to remove the (H) Holding Symbol from the R4-42 and C1-64 Zone when: a) Durham Region provides clearance with respect to the Environmental Site Assessment and Archeological Study; b) An agreement is entered into with respect to the funding of signals at Pedwell Street and King Avenue West; c) A pedestrian easement across the site linking McDonald Crescent to King Avenue West is created to the satisfaction of the Municipality; and d) The necessary approvals and agreements are in place for the closure, conveyance and relocation of Given Road to the satisfaction of the Director of Engineering Services. 9. 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. Page 5 102 By -Law passed in open session this day of , 2017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Page 6 103 This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. THOMAS W J Z J W Y U) �W W W FLOOD AVENUE o � W z O U in Cl) U L11 OGIVEN ROAD U J J LU GI ry KING AVENUE WEST W W rn Zoning Change From "(H)R1" To "(H)C1-64" N Zoning Change From "(H)R1" To "(H)R4-42" Newcastle . ZBA 2017-0009 • Schedule 5 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 104 Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: December 4, 2017 Report Number: PSD -091-17 Resolution: File Number: PLN 23.3.4 By-law Number: Report Subject: Metrolinx Draft 2041 Regional Transportation Plan for the Greater Toronto and Hamilton Area Recommendations: It is respectfully recommended that the Planning and Development Committee recommend to council the following: 1. That Report PSD -091-17 be received; 2. That Council endorse Report PSD -091-17 as the Municipality's comments on the Metrolinx Draft 2041 Regional Transportation Plan; and 3. That a copy of this resolution be forwarded to the Board of Directors for GO Transit, the Board of Directors for Metrolinx, the Regional Municipality of Durham, and all constituent municipalities in the Region of Durham. 105 Municipality of Clarington Report PSD -091-17 Report Overview Page 2 Metrolinx has released a Draft 2041 Regional Transportation Plan that will replace the previous plan titled "The Big Move". As part of the public consultation process, Metrolinx has asked agencies, municipalities and the public for input. This report highlights the main components of the Draft Transportation Plan and the proposed municipal comments for Council's endorsement. 1. Purpose The purpose of this report is to provide Council with an update and request Council to endorse the comments contained in this report on the Metrolinx Draft 2041 Transportation Plan for the Greater Toronto and Hamilton Area (GTHA) by Metrolinx. 2. History of Metrolinx's Transportation Plan 2.1 The first Transportation Plan for the GTHA (boundary of the GTHA shown in Attachment 1) by Metrolinx was released in 2008. The Plan was titled "The Big Move", which set the stage for today's investment in rapid transit systems, including the GO Transit Rail extension from Oshawa to Bowmanville. 2.2 The Big Move requires Metrolinx to review their Transportation Plan every ten years. As a first step towards releasing a new plan, in August of 2016, Metrolinx released a paper entitled "Discussion Paper for the Next Regional Transportation Plan, Greater Toronto and Hamilton Area" for municipal comments/feedback. On October 5, 2016, the Region of Durham provided their response to the discussion paper to Regional Council. On October 17, 2016 the General Government Committee received the Region's comments to the discussion paper. 2.3 Since the release of the paper, Metrolinx has released a Residents' Reference Panel document in March 2017, held a Transit Network Workshop and released the Draft 2041 RTP for the GTHA in September 2017. The Region of Durham has provided the Municipality with their comments on the Draft 2041 Transportation Plan. Their report was considered at the November 30th meeting of Durham Transit Executive Committee and it will be going to the Committee of the Whole on the December 6t" to be ratified by Council on December 13th. 3. Summary of Metrolinx Draft 2041 Transportation Plan 3.1 The Metrolinx Draft 2041 Transportation Plan is a blueprint for what needs to be done to build an integrated, regional, multi -modal transportation system, known as the Frequent Rapid Transit Network (FRTN) (see Figure 1). The FRTN is made up of 6 key components: 106 Municipality of Clarington Report PSD -091-17 Page 3 1) Local Transit System: The Durham Region Transit will need to support and work with the other elements of the transportation network. 2) Priority Bus: The priority bus is a quick and reliable bus service that uses queue jump lanes, HOV lanes and priority signal at intersections. 3) Bus Rapid Transit (BRT) & Light Rail Transit (LRT): They operate in their own exclusive right-of-way, which is fully separated from traffic, with signal priority measures in place and longer spacing between stops. 4) Subway & Transitway: The bus or rail transit operates separate from other traffic, at a high speed. 5) Frequent Regional Express Bus: This bus is intended to serve core areas which are not served by 15 -minute GO Regional Express Rail (RER). The Express Bus operates 15 -minute services all day and are typically on highways, in HOV lanes. 6) GO Regional Express Rail (RER): The RER will include electrification infrastructure and service improvements, to provide service running every 15 minutes in both directions. } FRTN Local transit supports the FRTN GaI5-minute al"agxrvire Frequent Regional Expreso- Bua Subway & TmFoa tway LWr& 8RT P MHY Bin Lor. a I Trona it Service Figure 1 - Components of the Frequent Rapid Transit Network To achieve the objectives of the Metrolinx Draft 2041 Transportation Plan, Metrolinx has proposed five strategies which are listed below. 107 Municipality of Clarington Resort PSD -091-17 Paae 4 3.2 Strategy 1: Complete the Delivery of Current Transit Projects There are currently 16 projects Metrolinx has committed to in the previous Transportation Plan which have yet to be completed. One of the projects is the Bowmanville GO Train extension project, shown on Attachment 2(b). The GO rail extension is projected to be completed and functioning by 2024. There is also the Courtice interim GO Bus express station (from Courtice to Oshawa GO) at the future Courtice GO rail station, in delivery and to be completed by fall 2018. For Durham Region as a whole, the 15 -minute Go Rail RER service from Union Station to Oshawa is to be completed by 2024. 3.3 Strategy 2: Connect more of the GTHA with Frequent Rapid Transit The Transportation Plan discusses the importance of providing active transportation options and creating a complete transit network. Strategy 2 focuses on extending and connecting the Frequent Rapid Transit Network (FRTN) by 2041. The network would connect existing and planned subway, Regional Express Rail, Light Rail Transit, Bus Rapid Transit and priority bus services to allow seamless, efficient travel across the GTHA. For Durham Region, the following projects are in development or proposed by 2041: x BRT from Scarborough Centre to Oshawa GO; x 15 -minute RER GO Rail extension from Thornton Road to Downtown Oshawa; x All Day GO Rail service from Downtown Oshawa to Bowmanville; x BRT/LRT from Downtown Oshawa to Highway 407; x Steeles/Taunton Priority Bus from Milliken GO to Townline Road; x Whites Road Priority Bus from Highway 407 to Pickering GO; x Brock Road Priority Bus from Bayly Street to Highway 7; x Westney Priority Bus from Bayly Street to Highway 2; x Bayly Priority Bus from Pickering GO to Whitby GO; x Brock Street/Baldwin Priority Bus from Whitby GO to Brawley Road; and x Highway 2 Priority Bus from Downtown Oshawa to Bowmanville GO Rail station. In addition to the projects, service level improvements are identified. The Draft Transportation Plan provides for 15 minute Express Bus Service along Highway 2 to Highway 35/115 and along Highway 401 and 35/115 from Oshawa GO Rail to Peterborough. Municipality of Clarington Resort PSD -091-17 3.4 Strategy 3: Optimize the Transportation System Paae 5 The third strategy of the Transportation Plan is to improve the transit system, through eleven (11) priority actions. This includes making the best use of existing and future transportation assets by integrating fares and services, expanding the first and last mile of the traveller's journey, improving the traveller's experience, providing universal access, using urban design excellence in planning, improving safety, and using roads and highways wisely. 3.5 Strategy 4: Integrate Land Use and Transportation The fourth strategy addresses the importance of making land use decisions with transportation in mind. There is great opportunity to create more complete communities that are supportive of transit, walking and cycling. To achieve this, Metrolinx has proposed better integration of land use and transportation planning though a Provincial Review of legislative and regulatory linkages between provincial and municipal planning framework, and by making provincial investments in transit projects. Metrolinx has also proposed to focus development in Mobility Hubs and Major Transit Station Areas, design to encourage active transportation, and develop a regional cycling network (see Attachment 4(b)). Clarington is updating policies to better integrating land use and transportation, through the Official Plan Amendment and the current update to the Bowmanville West Town Centre (BWTC) Secondary Plan. As part of the update to the Secondary Plan, the Municipality has hired a consulting firm to complete a Transportation Hub Study on the future Courtice and Bowmanville Mobility Hubs. This study will assist the Municipality in creating a Mobility Hub which integrates land uses with the public transit and active transit system. 3.6 Strategy 5: Prepare for an Uncertain Future The Transportation Plan states that Metrolinx is prepared for the uncertainties they might face in the future in regards to regional transit by: preparing for technological advancements, building resilience to climate change, reducing Greenhouse Gas (GHG) emissions, and using data and innovation to improve ridership. Metrolinx is currently investigating the impact of autonomous vehicles (AV) on the transportation system. At this point in time, AV are not being incorporated into GO Station designs, however additional parking may be required in the future. Metrolinx is also investigating technological advancements to reduce the levels of Green House Gas (GHG) emissions released by public transportation, which will built the GTHA's resilience to climate change. One of the advancements include the electrification of a portion of the Lakeshore East GO Rail system, not including the Bowmanville GO Rail Extension. Metrolinx is also exploring the use of hydrogen power for the GO Rail network (a Provincial initiative). 109 Municipality of Clarington Report PSD -091-17 Page 6 As the public transportation system continues to improve, private sector firms are increasingly providing innovative services which enhance the transit system and increases the transit ridership. Metrolinx's Transportation Plan attempts to predict and prepare the public transit system for the undetermined future. 3.7 Summary of Clarington GO Transit Projects Projects In Delivery by 2024 Bowmanville GO Extension (Project 21) x Peak Hour service from Oshawa to Bowmanville GO Station. Courtice Interim GO Bus Express Station x Courtice Road to Oshawa GO. Draft Projects by 2041 Lakeshore East GO Train service upgrade (Project 100) x Improvement from Peak to All Day GO Train service to Bowmanville GO. Highway 2 Priority Bus, (Project 99) x Construction of queue jump lens, HOV lanes and signal priority measures to improve service from the end of the Bus Rapid Transit in Oshawa to Bowmanville GO Station. Draft Future Service Level Projects Regional Express Bus x 15 minute GO Bus Service along Highway 2 from Simcoe Street, Oshawa to Highway 35/115 Park and Ride. x 15 minute GO Bus Service along Highway 401 from Oshawa GO to Downtown Peterborough. 4. Comments 4.1 Municipal staff support the comments submitted by the Region of Durham and in particular highlight the following: x The top priority for the Region is the completion of the Bowmanville GO Rail extension by 2024 with electrified service. x Clarification of roles, responsibilities and geographic jurisdiction for planning and implementation. 110 Municipality of Clarington Report PSD -091-17 Page 7 x More details on the time frames, phasing, scope and ownership of transit projects. x That the rethinking of parking at GO Rail stations to separate parking costs from rail service costs should be done in a manner to increase station access active transportation and local transit users. x Revisit the Highway 407 Transitway including Highways 407, 412 and 418 for the services proposed and development a full service strategy. This would recognize that the Lakeshore East service is not attractive for residents in the northern portions of urban areas and the development of new or existing employment areas in Durham, Markham and Vaughan. x Sustained provincial funding to municipalities for commuter cycling networks. x Establishing an overall strategy and target for reducing Greenhouse Gas emissions in the transportation sector. 4.2 The electrification project of the Lakeshore East GO Rail Line to Bowmanville should be completed at the earliest possible date to allow for seamless integration with the rest of the GO Rail Lakeshore line. Mixing diesel and electric trains will lead to service difficulties. Electrification should also be pursued to reduce greenhouse gas emissions and noise along a busy rail corridor which is of particular concern adjacent to new residential dwellings in the Bowmanville Transit Hub. 4.3 Clarington supports the proposal to increase GO bus services levels by providing Frequent Regional Express Service (15 minute service) along Highway 2 to Highway 35/115 Park and Ride but this this level of service should be extended into the Newcastle downtown. 4.4 Clarington supports the introduction of Priority Bus Service from Oshawa to the Bowmanville GO Rail Station (Project 99) to provide reliable service using queue jump lanes, HOV lanes and priority signal at intersections recognizing that this will pave the way for future Bus Rapid Transit through Courtice. 4.5 Clarington is working hard to integrate land use and transportation planning. Through the updated Clarington Official Plan, designated Urban Centres are connected with Regional and Local Corridors providing for transit -supportive densities. Further through consideration of site-specific development applications, Clarington is seeking to implement its plan and create the right conditions to create the business case for improvements of transit infrastructure and transit service levels. 4.6 Metrolinx should clearly state the role each level of government plays in the Draft Transportation Plan. Local governments must be clearly aware of their role, so that Metrolinx's Transportation Plan is considered in current development applications, especially for applications along the proposed transit system routes. 111 Municipality of Clarington Report PSD -091-17 Page 8 4.7 If the Province is pushing for a FRTN, grants would be required to assist Municipalities with: updates to plans, road network improvements, investment in public transit improvements and active transportation. 4.8 In recent year, Metrolinx staff have been very helpful and cooperative to municipal staff and municipal projects and priorities. Through development of the GO Rail system Site Plan process, Metrolinx should continue to work cooperatively with municipalities to incorporate active transportation connections that will help reduce automotive dependent trips, and continue to promote active transit amenities at stations. 4.9 Clarington supports the use of improved technology not only for the GO transit network but the integration of technologies from local transit operators, taxis, Uber and similar platforms, bike share programs and automated vehicle car share platforms and micro - transit operators so that trip planning is made easier and can include the first and last mile of any trip. 4.10 Clarington has many rural communities widely spread geographically. These rural communities are dependent on vehicles as the only mode of transportation. It is understood that rural areas are not conducive for feasible, prudent transit service. Metrolinx should provide direction on how to better connect rural settlements to urban centres with alternative services such as micro -transit and autonomous vehicles. 5. Conclusion It is respectfully recommended that the Council endorse Report PSD -91-17 as the Municipality's comments on the Metrolinx 2041 Draft Transportation Plan. 6. Strategic Plan Application Not applicable. 112 Municipality of Clarington Resort PSD -091-17 Submitted by: David Crome, MCIP, RPP, Director of Planning Services Paae 9 Reviewed by: for Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Tanjot Bal, Planner, 905-623-3379 x2422 or tbal@clarington.net Carlos Salazar, Manager, 905-623-3379 x2409 or csalazar@clarington.net Attachments Attachment 1 — Map of the GTHA Attachment 2 - Current and Future GO Transit System for the Region of Durham Attachment 3 - Proposed HOV and Regional Express Bus Network (2041) Attachment 4 - Proposed Regional Goods Movement Network Attachment 5 — Region of Durham Comments on Metrolinx Draft Transportation Plan 113 Municipality of Clarington Map of the GTHA Attachment 1 to Report PSD -091-17 114 Municipality of Clarington Attachment 2 to Report PSD -091-17 Current and Future GO Transit System for the Region of Durham 2. a) Proposed Frequent Rapid Transit Network to be Completed by 2041 2. b) Existing and In Delivery Projects Projected to be Completed by 2025 115 Municipality of Clarington Proposed HOV and Regional Express Bus Network (2041) Proposed Regional Express Bus Proposed Frequent Regional Express Bus Existing Express Toll Highway Future Express Toll Highway Proposed Routes for further H OV study DURHAM 116 Attachment 3 to Report PSD -091-17 PETERBOROU NORTHUMBERLANE- Municipality of Clarington Proposed Regional Goods Movement Network 4 aj Proposed Regional Goods Movement Network Wior Port GGH Built Boundary Greenbelt Designation Primary Freight Ouster Secondary Freight Ouster Core Regional Route - Future Care Regional Route Freight Cluster Connector Regional Can nectar Future Regional Connector 400 -series Highway DURHAM Existing or Future Highway Raihway Network �._ Attachment 4 to Report PSD -091-17 y ------ Regional Cycling Roull — primary Routo Greenbelt Designetion Secondary Rout@ GGH Built Boundary ' draft CydaON Route Existing or Frlhlre Highway Waterfront Trail GO Rail SOF CB G reenhelt 42oute Urban Growth Centre Pd -ring �l a.8 • Existing or Future GO Station 2D41 Persons + Jabs 1 Hectare PmMndsl Highrv®y Crossing •yn t Very High (CN4c 80) 5mvffville High {30-80) _ ouRHal _ - 4 b) Proposed 2041 Regional Cycling Network f - 117 The Regional Municipality of Durham 605 ROSSLAND ROAD EAST PO BOX 623 WHITBY, ON L1N 6A3 CANADA 905-668-7711 1-800-372-1102 Fax: 905-668-1567 durham.ca Garry H. Cubitt B.Sc., M.S.W., (Hon) LL.D Chief Administrative Officer "Service Excellence for our Communities" Attachment 5 to Report PSD -091-17 Submitted by email to: theplan metrolinx.com November 15, 2017 Ms. Leslie Woo Chief Planning Officer, Planning and Policy Metrolinx 97 Front Street West Toronto, ON M5J 1 E6 Dear Ms. Woo: Re: Durham Rection Comments on Metrolinx Draft 2041 Regional Transportation Plan (EBR Registry Number 013-1550) For fifty years, GO Transit has been an integral part of the transportation system in Durham Region and a valued partner to Durham Region Transit since its inception in 2006. We therefore appreciate the opportunity to comment on the plans for the future. As an update to the Big Move, the draft 2041 Regional Transportation Plan (RTP) aligns with the Province's Growth Plan for the Golden Horseshoe. The RTP identifies a number of priority initiatives within Durham Region to address future needs. Through its strategies and actions, the RTP also sets the stage for future implementation and funding needs. We appreciate the consultation from Metrolinx staff throughout the process. However, our review has revealed that there are matters of particular concern to Durham Region which should be part of the RTP in order that our shared objective of delivering improved connectivity can be successfully implemented. Attached is a submission from staff of the Region of Durham that provides more detailed commentary on the RTP. Due to the constrained timeframe of the consultation, we have not yet presented these comments to our Council for their consideration. If this information is required in an accessible format, please contact the Accessibility Co-ordinator at 1-800-372-1102 ext. 2009. 118 Durham Region Comments on Draft 2041 RTP Therefore, this submission reflects Regional staff opinion and does not constitute a position of Durham Regional Council. Unfortunately, Regional Council's discussion of the draft 2041 RTP will not occur until after your deadline. We will forward these comments to Durham Region Transit Executive Committee on November 30 and Regional Committee of the Whole on December 6 for their review and discussion. Their recommendations will go to Regional Council for ratification on December 13, 2017. After the meeting on December 6, Regional staff will informally notify you if Committee made any substantive changes to the staff recommendations provided in the attached submission. To build the necessary municipal commitment to this RTP as a statement of shared goals and actions, it would have been preferable to ensure that municipal councils had sufficient time to comment. We therefore request that the comment period be extended by 30 days and that the Metrolinx Board hold a special meeting in January to approve the plan. This extra time would allow Metrolinx staff to integrate Council - endorsed input into the RTP. In the meantime, our attached submission is structured in two parts: x general comments related to themes and directions in the draft RTP and gaps that need to be addressed, and x specifisection-by-section comments. We hope you find this helpful as you work toward a final draft. If you have any questions or need additional information please contact Christine Drimmie at 905-668-7711, ext.2029, or by email to christine.drimmie(adurham.ca. Sincerely, C71" & Garry H. Cubitt, M.S.W. Chief Administrative Officer cc: The Honourable Steven Del Duca, Minister of Transportation Phil Verster, President and CEO, Metrolinx 2 119 Durham Region Comments on Draft 2041 RTP Rob Ford, Chief Administrative Officer, Town of Ajax Thom Gettinby, Chief Administrative Officer, Township of Brock Andrew Allison, Chief Administrative Officer, Municipality of Clarington Jag Sharma, City Manager, City of Oshawa Tony Prevedel, Chief Administrative Officer, City of Pickering Paul Allore, Chief Administrative Officer, Township of Scugog Ingrid Svelnis, Chief Administrative Officer, Township of Uxbridge Matthew Gaskell, Chief Administrative Officer, Town of Whitby 3 120 Durham Region Comments on Draft 2041 RTP Durham Region General Comments on Draft 2041 RTP Durham's Top Priorities From a Durham Region perspective, the RTP should include firm commitment to the following priority projects: 1. Completion of the Bowmanville GO Rail extension by 2024 with electrified service on the northern alignment. 2. Completion of the Durham -Scarborough Bus Rapid Transit Corridor by 2023. 3. Design and completion of the Simcoe Street Bus Rapid Transit Corridor by 2031. 4. Development of GO Rail to Seaton by 2031 in keeping with the Durham Transportation Master Plan. 5. Development of a Regional Transit Service strategy and its implementation along the 407 East Corridor in coordination with Durham Region Transit. We were pleased to see the Bowmanville extension in the "Projects for Completion" list. However, recognizing the growth that is underway and rapid transit corridors required to provide sustainable mobility, the RTP also must incorporate these Durham priorities. Legacy of the Big Move The "accomplishments" listed in Figure 4 (e.g. 4200 bike racks installed, 300 members joined Smart Commute, bus bypass lanes introduced) are mainly outputs or activity counts. However, to evaluate the impact of the Big Move, the question to be answered is not just "what did we do?", but "what changed as a result of these interventions?" Was congestion reduced? Did commute times improve? We recommend that the impacts of the Big Move (and subsequent RTPs) in meeting strategic transportation system objectives be assessed. The effectiveness of Metrolinx's process of advancing and delivering projects also should be evaluated. Did the process produce strong partnerships, evidence - based decisions, smooth implementation and a balance of service improvements across the GTHA? Did we intervene in a timely manner to leverage opportunities and to shape transportation behaviours before it was too late? Did we follow the plan? Why or why not? Electrified 15 -minute rail service on all GO -owned lines and a one-stop Scarborough subway were not stated as priorities in the first 15 years of the Big Move. Did the strategy of constructing huge parking structures that compete with transit service providers at GO Stations help achieve the desired land use or transportation outcomes? Lessons learned from the first decade of GTHA-wide transit planning and implementation should inform the strategies in the next plan with respect to C! 121 Durham Region Comments on Draft 2041 RTP improved governance, transparency, accountability, evidence -based decision- making, fairness and funding. Draft 2041 RTP Vision and Goals The vision statement speaks only about the "urban" region despite the fact the GTHA includes a large portion of the Greenbelt. The vision (p. 39) should specifically include goods movement and speak to a system that is not only convenient, connected and reliable but also safe, affordable, accessible and low carbon. Of the three goals, only the second one (complete travel experience) relates directly to the transportation system and is measurable. The first goal (strong connections) and third (sustainable communities) are not necessarily dependent on transportation (i.e. people can be connected by phone or the web). Transportation connects physical locations and provides physical access for people and goods. The focus of goal three should be narrowed to "sustainable mobility" and described as "creating an innovative, affordable, low carbon mobility system that supports land use intensification, exploits new technology and adapts to climate change". A fourth goal should be added called "building collaboration, consensus and commitment to the plan". The Residents Reference Panel report recommends a similar goal (p. 43) to sort out questions of appropriate planning jurisdictions, governance, funding, partnerships and decision-making. The current consultation by the Province on a Transportation Plan for the Greater Golden Horseshoe adds to the uncertainty on these issues. It has long been the Region's position that municipal elected representation should be restored to the Metrolinx Board. This would be an important step to building collaboration and commitment. Data and Growth The current reliance on the Transportation Tomorrow Survey (TTS) to understand and plan transportation in the GTHA creates an outlook from five years past. This process should be modernized considering the availability of new data sources and artificial intelligence models. Although the RTP refers to significant growth happening in Durham Region, much of this is not reflected in the proposed infrastructure. By 2041, the Growth Plan predicts Durham's population will reach about 1.2 million, similar to York's population today. York Region currently has three GO Rail lines and two north/south freeways (not tolled) connecting the 401 to the 407. By comparison, the rail network shown for Durham by 2041 seems quite underdeveloped and both its north/south freeways are/will be tolled. 5 122 Durham Region Comments on Draft 2041 RTP Durham staff agrees that a modernized data strategy is essential to support land use planning, transportation planning and economic development. The Province should lead and fund an initiative to modernize data collection and interpretation for effective use by all the partners to support future planning. Reaional Traveller Personas and Residents Reference Panel These two new tools are welcome additions to the planning process for passenger travel. However, business mobility needs and goods movement are barely reflected in the draft RTP. We recommend that Metrolinx engage the business community in a Regional Business Panel to capture the perspectives of employers, mobile businesses, business travellers and the goods movement sector in the analysis. Polycentric Region In several places, the draft RTP states that the GTHA is already polycentric. Numerous significant urban centres exist outside of Toronto and yet the highest priority project to be completed and continued (RER) has a mono -centric focus on service to Union Station. At the same time the RTP recognizes that some of the highest growth areas are outside of Toronto. Provincial investment in rapid transit to support and connect all Urban Growth Centres (UGCs) is needed so that they can attract greater concentrations of population and employment in keeping with Growth Plan targets. As noted in the RTP, the presence of frequent rapid transit spurs denser development. The draft RTP underestimates the transportation challenges that will develop with the Region of Durham over the next 10 to 15 years. We recommend that: x the RTP incorporate Durham's Rapid Transit priorities (as outlined earlier), and x the Province commit to funding and implementation of those priorities in a similar fashion to the projects being implemented in other GTHA communities and UGCs (e.g. Hamilton, Mississauga). Health and Social Impacts of the Draft RTP Poverty, aging population and housing affordability are raised as background issues and concerns in the RTP. Income disparity is a long standing concern for Durham. To focus efforts on the health and well-being of travellers in the planning and design of transportation systems, consider adding a new Priority Action specific to health under one of the five strategies (e.g. Integrate Land Use and Transportation).The actions would: A 123 Durham Region Comments on Draft 2041 RTP x Raise awareness of the health benefits of choosing active forms of travel (walking, cycling) to get to and from destinations. x Prioritize the development of active transportation routes to and from transit stations. x Make safety and accessibility a priority. x Focus on design factors that impact health such as shade structures at transit stations, seating along walkways, adequate lighting, and exposure to greenery and open space. x Focus on health equity and the removal of physical and financial barriers for riders accessing transportation systems. To better meet the needs of the future GTHA population, consider identifying age - friendly community design aspects and AODA' principles in the RTP as important features when building transportation systems. To support equity and mobility for persons with disabilities, we recommend that the Province should encourage service providers to participate in a central platform for booking inter -regional specialized transit trips in the GTHA, similar to the system used during the Parapan Am Games. To echo the findings of the Residents Reference Panel, the Province should provide support to low income households to purchase transit fares supporting employment, education, health and social well-being. Rnlac and RAcnnncihilitiac The draft RTP creates confusion about who will plan and implement what and where and when and who will finance and operate the systems proposed. The release of the Ontario Ministry of Transportation plan for the Greater Golden Horseshoe (GGH) shortly after the draft RTP adds to the confusion. The relationship between the RTP and the GGH-wide plan needs to be clarified. In addition, the RTP implies that Metrolinx would play a role in setting standards for active transportation routes to GO Stations, and in land use planning around station areas, both of which are areas of municipal planning authority. The RTP should acknowledge and respect the municipal role and authority in the delivery of transportation infrastructure and services in the GTHA. Roles, responsibilities and geographic jurisdiction for planning and implementation of projects, from the provincial level right down to the area municipal level, need to be clarified. AODA = Accessibility for Ontarians with Disabilities Act. rA 124 Durham Region Comments on Draft 2041 RTP UP Planned Transit Network/Routes Listed for Durham - The Priority Bus Network (PBN), Frequent Rapid Transit Network (FRTN) and frequent Regional Express Bus services will help link the trip generators in the 905 communities to each other. We are pleased to see this service -based approach to building ridership in key corridors. It is broadly consistent with the Higher Order Transit Network identified in Durham's 2031 draft transportation master plan released in June 2017. However, clarification is required with respect to the timeframes for development of these networks and who will own and operate them. The RTP outlines the need for 24-hour transit services to support those travelling for shift work. The Region agrees that such a service is desirable but given the competing demands in Durham to service growth, the Region would require additional operating funding to accelerate its implementation. As presented, the network plan focuses on what infrastructure and services to build but does not provide insight into their implementation. Durham Region requests more detail on time frames, phasing, scope, location, ownership and operation of the transit projects and programs listed so that we can understand how our communities will be supported. Please see Appendix A: Durham Region Detailed Comments on Draft 2041 RTP for discrepancies on maps and routes and advice on how to revise the FRTN. What is missing from the proposed transit network in Durham? The draft RTP was informed by Durham's draft 2031 Transportation Master Plan as released in June 2017. However, the RTP horizon is 2041 so there is a 10 -year gap. During this decade, several new communities in Durham Region (Seaton, West Whitby, Brooklin, Kedron, and Columbus) will be built adding 165,000 people and 40,000 jobs by 2041. This growth needs to be supported with frequent transit services in order to achieve an improved transit mode split. Seaton The development of the Seaton community is a provincially -driven initiative and should reflect Ontario's imperatives around sustainability and climate change. However, other than the FRTN along the margins of Seaton, no specific transit services near/to Seaton are planned until after 2041. For transit to be seen as a viable alternative to the car by these new residents, the RTP must plan for frequent service to be established in Seaton as soon as possible since the development is underway. This new community should be the place where new technologies and service models are tested. With the planned development at Seaton, along the 407 corridor and in northwest Whitby and Oshawa, the Seaton rail line may generate as much ridership as other corridors being considered for extension. Track condition and ownership of existing rail 125 Durham Region Comments on Draft 2041 RTP lines are equally issues for many of GO's other rail developments. Durham Region's Master Plan envisions the rail service being in place by 2031. The population of Seaton will exceed places such as Grimsby, Innisfil or Acton which have planned and existing GO Stations. We therefore recommend that the timing of the Seaton GO Rail service be advanced to the first decade of this RTP. Highway 407 and 407 Transitway Highway 407 is the one transportation asset in the GTHA with significant untapped potential and capacity. The RTP should identify how it could play a larger role in people and goods movement, in relieving congestion on other routes, and in connecting 905 communities However, the impacts of the new 407 infrastructure and the development and expansion of new communities in Seaton, West Whitby, Brooklin, Columbus and Kedron on transit demand are underestimated. The transit needs related to the anticipated new population (165,000) and jobs (40,000) resulting from development in the 407, 412 and 418 corridors are not supported by the draft RTP. Preliminary 2016 TTS data indicate that a significant percentage of residents in places like Brooklin commute to Toronto now. GO Lakeshore East RER will not be an attractive alternative for these communities given the significant north -south travel time. Regional Planning staff has provided Metrolinx with detailed information on developments, locations, phasing and anticipated population and jobs stemming from the significant growth in these corridors. Development of the 407 transitway also will support planned development along the corridor in the communities of Seaton, West Whitby, Brooklin, Columbus and Kedron, at the provincial employment lands or at a potential airport. Transitway stations and carpool lots should be developed like rail stations: surrounded by mixed use development, accessible at no cost to local transit and accessible by active transportation. We recommend that: x the assumptions and modelling for the 407/412/418 corridors be revisited, x services proposed along these corridors be clarified, and x a full service strategy be developed for these corridors with the support of Durham Region Transit. Pickering Airpon Strategy 2.3 proposes improving airport access to Toronto Pearson and Hamilton Munro airports to meet growing demand. Plans for services to a future Pickering Airport are not mentioned even though it is very likely to be a factor prior to 2041. E 126 Durham Region Comments on Draft 2041 RTP In June 2013, the Government of Canada announced their approach to developing the federally -owned Pickering Lands which included setting aside land for a potential future airport and the creation of Rouge National Urban Park. To update the current airport site designation and to replace the current Pickering Airport Site Zoning Regulations, Transport Canada is now engaged in the regulatory process to: x Declare a smaller portion of the Pickering Lands an airport site, as defined in the Aeronautics Act, subsection 5.4(1); and x Propose Pickering Airport Site Zoning Regulations, under the Aeronautics Act, subsection 5.4(2). These regulations will protect the new, smaller Pickering Airport site for future aviation needs, by ensuring land use and development adjacent to and in the vicinity of the airport site does not interfere with safe aircraft operations. Recent studies and the presentation by the GTAA to Durham Regional Council on November 8, 2017 indicate that Pearson Airport will reach capacity by the mid -2030s. As such, an alternative should be identified and implemented prior to this date. In 2016, Dr. Gary Polonsky completed a consultation and market sounding on the need for the Pickering Airport for Transport Canada. Subsequently, Transport Canada engaged KPMG to assess the emerging demand for airport services in Southern Ontario. This study is to be completed in 2018.The 2004 Pickering Airport Draft Plan Report (GTAA), included extensive and detailed environmental, traffic and economic studies which could form the basis of an environmental assessment. We recommend that: x like the Big Move, the draft 2041 RTP should also acknowledge the development of a potential future airport at Pickering, and x pending a decision by the federal government to proceed with this airport, provision for groundside transportation planning to serve the Pickering Airport by the mid -2030's be included in the 2041 RTP. RTP Cycling Network With respect to a GTHA wide commuter cycling network, the role of Metrolinx in planning, designing and funding a cycling network needs to be clarified. The RTP notes that "achieving it will require the Province, municipalities and transit operators to establish common standards for design and funding". As such, the Draft 2041 RTP should make recommendations for sustained provincial funding to assist municipalities in creating commuter cycling networks. Durham supports the notion that the cycling network should include direct routes that cross physical barriers to active transportation in our communities such as rail lines and 400 series highways. We recommend that the owners of these corridors who 10 127 Durham Region Comments on Draft 2041 RTP benefit from these rights of way help fund the crossings as part of their rehabilitation, replacement or expansion undertakings. Similarly, Durham Region supports encouraging school children cycling (and walking) to school but again, financial support will be needed to ensure safe routes to school and other child/youth destinations. Additional detailed comments are provided in Appendix A with respect to aligning the proposed RTP cycling network with the network depicted in Durham's 2031 TMP. Fare and Service Integration Fare integration cannot succeed without service integration. However, to date, the discussion with the partner service providers has been on fares. In addition, the fare integration proposal has not presented details and financial implications about how the proposals would affect customers within the Region of Durham. Vast geography and relatively lower population and employment density are a reality for transit service in Durham. As such, "fare by distance" models are unlikely to yield increased ridership or be acceptable to Durham residents. The more important issue to customers is service integration, meaning timely, easy connections across boundaries so that customers have a seamless experience. The RTP states (p. 34) that full use of new cross -boundary transit routes won't be realized unless we have integrated fares. While this may be a fare barrier for customers crossing the 416/905 line, Metrolinx is reminded that the 905 carriers have offered fare integration amongst themselves for a number of years. We recommend that the Province focus on working with local transit carriers to implement low-cost, quick -win solutions to improve fare and service integration. Examples could include the implementation of a co -fare for 416/905 travel, elimination of the co -fare between GO/905 services, and ensuring carriers have access to stations, terminals, and carpool lots at no cost. As noted earlier, integration of booking arrangements and seamless services for the users of the eight different specialized transit services is vital. The Province should encourage service providers to participate in a central platform for booking inter - Regional specialized trips in the GTHA. Optimize the Transit System Even if every strategy in the RTP was implemented, the anticipated change in many key indicators (e.g. transit mode share, commute times, greenhouse gas reductions) is minimal. This begs the question whether the RTP includes the right actions and projects. The projects planned in the 905 seem to have much more relative impact on the indicators than the major investments in Toronto. Some value engineering may be in order to determine the level of effort, cost and commitment that would be 11 128 Durham Region Comments on Draft 2041 RTP involved in driving more substantial change. Such work could be the basis for seeking funding from the proceeds of cap and trade. Figure 23 illustrates that by 2031 parking at GO Stations will accommodate only 38 per cent of forecast GO passengers that will be generated by 15 minute electrified rail service. Sixty-two percent will need to access the station by other modes (up from 38 per cent today). In increased reliance on alternative modes of transportation rather than personal vehicles to access GO Stations is desirable in principle. However, the RTP does not indicate the percentage that each of the other modes (transit, walking, biking and taxi/ridesharing) is expected to contribute and how that will be achieved. What is the RTP's strategy for developing these other modes to the extent required to fill the gap? The RTP should indicate how Metrolinx will optimize investments to help Durham achieve these outcomes. While local transit is best positioned to fill the gap without adding to congestion at stations, serving GO is not their core mandate. Achieving the mode shift will require multiple strategies including improved transit integration, appropriate station design, co - fare arrangements and operational funding support. In many communities, crossing the 401, QEW or rail corridor is a significant barrier to uptake of active modes. The RTP should indicate how Metrolinx will assist local transit providers and municipalities to improve services and facilities to reach the 62 per cent target. Preparing for an Uncertain Future: Climate ChangE Transportation accounts for more than one third of Ontario GHG emissions. The RTP claims it will help meet Ontario's goal of 80% GHG reductions by 2050. However, the current level of GHG emissions from transportation in the GTHA is not mentioned and the RTP sets no target or timetable for reducing those emissions. The efforts described in the RTP seem focused on reducing emissions from GO's fleet of vehicles and their infrastructure projects. To support climate change adaptation in the GTHA, all new/redeveloped bridges and culverts planned by Metrolinx should be designed to minimize flooding due to restrictions in stream flow during extreme rainfall events. The Region agrees that Metrolinx services, infrastructure and projects should be evaluated for their potential to reduce GHG emissions, to adapt to climate change and to increase resilience. However, an RTP for the GTHA also needs to include policies that support GHG reductions from all forms of transportation in the region including personal and 12 129 Durham Region Comments on Draft 2041 RTP commercial fleet vehicles. This may be achieved by working in partnership with provincial ministries, businesses, the auto sector and the energy sector. The RTP should include an overall strategy and target for reducing the GHG reductions from transportation in the GTHA in support of the provincial 2050 GHG reduction target. BmPrainq TPchnninniP "Municipalities in the GTHA have identified a need for a coordinated, regional approach to prepare for changes that new technologies and business models will bring". Strategy 5 in the draft RTP identifies various public interests and government roles in specific matters such as the safety, standards and codes, licencing. The Region recommends that the RTP should include a more proactive "big picture" policy discussion on how autonomous vehicles (AVs) can help advance the RTP goals. In particular, what kinds of legislation or policies will be needed to ensure that AVs do not add to the congestion already being experienced in the GTHA and that their usage produces positive social and land use outcomes. Proactive public policy decisions will be needed to shape the outcome we desire as a region. The RTP should include a process to develop a shared vision of how autonomous vehicles can best support sustainable mobility in the GTHA and start the necessary policy discussion with municipal partners. Regional Decision Making Governance Durham Region supports the strategies to address governance, decision making and funding issues. The discussion should begin immediately since so much of what Metrolinx plans to do hinge on these changes. As outlined in Appendix 4B of the draft RTP, governance and funding models from other jurisdictions generally include municipal elected representation on their governing bodies and all have revenue tools not available to GTHA transit authorities. Since 2009, it has been the position of Regional Council that municipal elected officials should be part of the Metrolinx Board. In February 2015, the GTHA Mayors and Chairs passed a resolution recommending formation of municipal advisory committee to the Metrolinx Board to help restore a municipal voice to Metrolinx decisions. The Region recommends re -instating municipal elected representation on the Metrolinx Board through the legislated review of the Metrolinx Act. Whether or not it is mandated in legislation, to deliver on the RTP vision, Metrolinx needs to fully engage and collaborate with all of its municipal partners in a respectful, geographically equitable relationship. 13 130 Durham Region Comments on Draft 2041 RTP With respect to decision-making, the current Metrolinx project prioritization scheme focuses on optimizing existing assets. This focus makes it difficult for an immature local transit system like the 10 -year old DRT agency to compete for project funding. The draft RTP continues this "optimize existing" focus and pushes additional rapid transit expansions in Durham far into the future despite our forecast 90 per cent population growth. The Region recommends that Metrolinx revise their prioritization scheme to reduce or remove this bias. rundiriu As outlined in Appendix 4B of the draft RTP, transportation agencies in other jurisdictions all have revenue tools not available to GTHA transit authorities. The scale of capital investment required for the 2041 plan (not including the projects within the current $30 billion envelope) is $45 billion over 25 years plus $1 billion/year operating. The Region agrees that transit service needs both capital and operating contributions from the federal and provincial governments. The discussion of funding tools refers to principles outlined in the previous 2013 Investment Strategy and says municipalities need more revenue tools. The one new tool available to Durham is an improved transit DC funding formula but this does not address operating costs or the need to grow the system in existing developed areas. Additional municipal funding tools are needed. The Region supports the funding principles including sustainability, transparency and accountability. To ensure that Metrolinx and local transit agencies can use transit to help reduce GHG emissions, the Province should allocate additional money from the carbon cap and trade scheme to expanding and improving transit. Rethinking Parking The Region agrees with Priority Action 3.2 which is to "recover the cost of parking at GO stations to help shift trips to modes that do not require parking and allow more people to access new train services". To be accurate, GO recovers the cost of parking now in the GO rail fare. So, in essence, passengers who do not park and the Province of Ontario subsidize the cost of parking for those who do. Metrolinx should ensure that all policies and practices at its stations reflect the desire to increase station access by active transportation and transit. To ease the transition and prevent ridership loss, the initial "parking fee plus rail fare" would be set to approximately equal the previous "all in" price. Those who park would pay the additional fee for parking with their PRESTO card. Once these costs are separated, they can be administered separately in terms of future pricing. This links 14 131 Durham Region Comments on Draft 2041 RTP directly to the GO Station Access Plans. As long as additional "free" parking continues to be added, there is little motivation for GO riders to use other modes. What is missing from the RTP? Building a transit culture The view of public transit, particularly in suburban communities, must shift from one of "burden on the taxpayer" to one of "strategic public resource, gridlock buster and vital support to equity and the economy". The quality and price of service available is critical in attracting riders. We also need to nurture the next generation of transit users (and active transportation users) by attracting youth and students. While much of this recognized in the RTP, the level of effort and resources invested in these programs should be enhanced. Changing our travel behaviour from auto -dominated to other modes is in large part a cultural shift. More discussion and work is needed on changing people's attitudes about transit, about paying for road use or parking, or our society's choice of workplace locations. The RTP should apply strategies that use behavioural economics and policy to drive culture change and shift (demand side) behaviour. This is a generational strategy that is appropriate to include in a 25 -year plan. Time frames, implementation plan, and investment strategy Other than a group of projects to be completed by 2025, the plan contains no time frames (other than by 2041) for any of the work proposed. Projects are not even notionally described as "short, medium or long-term". At the very end of the RTP, development of an implementation plan is mentioned, but in the meantime it is not clear who will build, own and operate the transit and active transportation assets. In the absence of the implementation plan, it is premature to comment about the kind of funding mechanisms that will be required. Without more detail about the phasing, timing, location and scale of proposed initiatives, there is no logical, trackable way to link funding to the RTP. The mandate and strategy to develop an implementation plan and funding strategy, including meaningful engagement of municipalities and other partners, should be included within the RTP. 15 132 Durham Region Comments on Draft 2041 RTP Appendix A: Durham Region Detailed Comments on Draft 2041 RTP Page/Reference Comments ii Vision Statement: the word "goods" should be added as one of Metrolinx's mandates is to consider goods movement as part of its long term planning in the GTHA. Also, the GTHA consists of large areas of greenbelt so the RTP should include rural as well as urban areas. There is also a need to incorporate "safe, accessible, affordable and low carbon". Proposed revised vision statement: The GTHA region will have a low carbon transportation system that supports complete communities by aligning the transportation network with land use. The system will provide travellers and goods with safe, accessible, affordable, convenient and reliable connections. 11, and Suggestion to add "GO Transit": Metrolinx also plans for and throughout operates GO Transit services in the GO Transit Service Area. Sometimes "GO service" is used in the document, while other times "GO Transit service" — suggestion would be to keep it consistent throughout the document. 11 Roles of Government in the RTP — the 8 th and 9th bullets should be combined as there is a formatting error. 12 Add "transportation" to: TMPs consider other policy areas including safety, goods movement and transportation demand management that would also benefit from a regional lens. 12 Roles of Government in the RTP — With respect to the 1St paragraph, 1St sentence under "Municipalities", not all municipalities in the GTHA have a Transportation Master Plan (TMP), at least not at the lower -tier level (e.g., Pickering, Uxbridge, Scugog and Brock). This statement should be clarified to either state "Most municipalities..." or "All upper - and single -tier municipalities..." (assuming that the latter is probably correct). How are municipal transportation plans intended to relate to the RTP and GGH Transportation Plan? 16-17 It would be informative if the funding commitments related to each of these projects were included in the chart so that one W9 133 Durham Region Comments on Draft 2041 RTP Page/Reference Comments can see how the $30 billion is being used. 21 Bullet point; "poverty is an increasing concern" — Poverty has always been a concern in our Region. Income inequality is at an all-time high and suggestion would be to re -phrase this point. 22 Key Influences on Transportation — The 1St paragraph states that "...and a few significant urban centres outside of Toronto are starting to emerge." This statement as it reads is not accurate, as there are many significant urban areas outside of Toronto. Rather, the sentence should be edited to read "...and significant growth in both established and new urban growth centres outside of Toronto is starting to emerge." 43-45 Residents' Reference Panel and Regional Traveller Personas — while these two "tools" are welcomed, Metrolinx should have engaged the business community more in the development of the RTP. Why was there not a "Regional Business Panel"? The voice of the business community, in particular the voice of the goods movement community should be included in the analysis and addressed in the Plan. 61 Strategy 2: Connect More of the Region with Frequent Rapid Transit — Under "Develop coordinated Regional Express Bus Routes", mention should be made to improve connections with other transit service providers at existing and planned commuter lots on the Provincial Highway network, particularly along the Highway 407, 412 and future 418 corridors. There are several planned 407 Transitway stations that should be considered as commuter lot locations and transit transfer points, identified through various EA studies, and the MTO Carpool Lots Opportunity Study (December 2007). 64 Priority Actions for Strategy 2 — Under Action 2.2, a bullet should be added or expanded upon to recommend an update of the MTO Carpool Lots Opportunity Study to better address the Frequent and regular Express Bus Network, in conjunction with MTO. These carpool lots should be developed and supported like rail station. They should be developed in a sustainable way, in partnership with local 17 134 Durham Region Comments on Draft 2041 RTP Page/Reference Comments transit carriers and accessible to them for no fee. 76 Mention of Ontario Ministry of Transportation Freight - Supportive Guidelines would be beneficial here as the Guidelines help plan for and support goods movement related activities and land uses. 76-77 Strategy 3: Optimize the Transportation System — Under "Optimize the highway and major road and rail network for goods movement", there should be a reference to ongoing work being conducted under the MTO GGH Transportation Plan and, in particular, reference to planned highway expansion projects such as the Highway 404 Extension as part of a future (2041) goods movement network. These future highways or extensions are missing from Map 8: Proposed Regional Goods Movement Network (for Roads and Highways), which is acceptable as long as this is recognized in the text and dealt with through the GGH Transportation study. What are the intended linkages between the RTP, the Provincial Transportation Plan for the Greater Golden Horseshoe, and the High Speed Rail study? 78, Page A-47, Consider adding in a *NEW* Priority Action specific to health Page 90, Page under one of the 5 Strategies (suggestion under Strategy 3: A-50 Optimize the Transportation System or Strategy 4: Integrate Land Use and Transportation). Focus on the health of travellers in the planning and design of transportation systems. x Raise awareness of the health benefits of choosing active forms of travel (walking, cycling) to get to and from destinations. x Prioritize the development of active transportation routes to and from transit stations. x Make safety and accessibility a priority. x Focus on design factors that impact health such as shade structures at transit stations, seating along WV 135 Durham Region Comments on Draft 2041 RTP Page/Reference Comments walkways, adequate lighting, and exposure to greenery and open space. x Focus on health equity and the removal of barriers for riders accessing transportation systems. Map 5 & Map 6 Proposed 2041 Frequent Rapid Transit Network (5) and Detailed Proposed Frequent Rapid Transit Network (6) x We are pleased to see that the FRTN is fairly consistent with the Region's Higher -Order Transit Network identified in the Draft TMP Report (Maps 1A and 1 B), which was released in June 2017 and is expected to be finalized by year-end. However, the Draft TMP Report does not include Ritson Road as part of its High Frequency Network, but it is shown as part of the Frequent Rapid Transit Network (FRTN) by Metrolinx. Instead, consistent with the Draft TMP, the corridor should be moved to Harmony Road, between Highway 407 and Bloor Street. Unlike Ritson Road, Harmony Road has full interchanges at both Highway 401 and 407 (including a potential commuter lot and transit transfer point at the Highway 407/Harmony Road interchange), and is designated a Regional Corridor in the Regional Official Plan (i.e., planned to accommodate higher density mixed-use areas). Accordingly, the FRTN for Highway 407 should be extended easterly to Harmony Road and along Bloor Street to Harmony Road. The small section of Winchester Road (between Simcoe Street and Harmony Road), and Taunton Road east of Harmony Road, should be removed. x The mapping of the Highway 2 extension (from Simcoe Street to the future Bowmanville GO Station) is inconsistent between Maps 5 and 6. The alignment in Map 6 should be followed in Map 5, as Map 5 follows the Nash Road alignment easterly up to the future Highway 418, and does not extend easterly to the Bowmanville GO Station. 19 136 Durham Region Comments on Draft 2041 RTP Page/Reference Comments x Map 6 needs to include the future Pickering Airport site x The Region's Draft TMP Report also shows several corridors which are characterized as High Frequency Bus in Shared Lane with transit priority, but are not identified in Map 5 as part of the FRHN or Map 6 as Priority Bus corridors. These include: Rossland Road/proposed Peter Mathews Drive from Highway 407 to Harmony Road; Westney Road from Taunton Road to Kingston Road; Harwood Avenue from Kingston Road to Bayly Street; Thornton Road from Taunton Road to the future Thornton's Corners GO Station; Winchester Road from Baldwin Street to Simcoe Street. We also request that the Highway 2 corridor from the future Highway 418 to Regional Road 57/Bowmanville GO Station be added to the network. Map 8 Proposed Regional Goods Movement Network (for Roads and Highways) — The New Freight Corridor (Conceptual) shown in Map 3: Existing and In Delivery Regional Rail and Rapid Transit Projects is missing from this map, even though it is intended for goods movement. This freight corridor should not only be added to Map 8 for context, but also briefly described in the "Optimize the highway and major road and rail network for goods movement" on pages 76-77 for reference/context. Many readers may not realize that this connection is a "missing link" in the GTHA rail network and is critical for future goods movement by rail around the most built-up areas of the City of Toronto. 83 Strategy 4: Integrate Land Use and Transportation — Under "Better integrate land use and transportation planning", the 5t" paragraph notes that all municipalities in the GTHA have Transportation Master Plans (TMPs). Please refer to above comment on Page 12. 91 Priority Actions for Strategy 4 — Action 4.6 includes wording to "plan, design and construct" a regional commuter cycling network, and in the "Develop a Regional Cycling Network" section (pages 86-89), it is noted that "[a]chieving it will require the Province, municipalities and transit operators to NEI 137 Durham Region Comments on Draft 2041 RTP Page/Reference Comments establish common standards for design and funding." As such, the Draft 2041 RTP should make recommendations for sustained Provincial funding to help municipalities achieve such networks. General Durham supports expanding bike share programs to Durham if there is provincial funding available to assist with implementation. Strategy 4.7 The DC Act constrains how much a municipality can charge in support of transit. What other funding tools are envisioned to support TDM? Strategy 4.8 Will Metrolinx be revising their 2016 Station Access Plan to align with the proposed Parking Charter? We suggest that the parking requirements collaboration should be led by the local transit authority and municipality as they have a much better grasp of the combination of access services needed to service their community. Strategy 4.9 Durham Region supports the notion of direct cycling (and pedestrian) routes that cross barriers like the 400 series highways and railroad corridors. The owners of these corridors who benefit from the right of way should fund the crossing infrastructure. Map 9 Proposed 2041 Regional Cycling Network — We are pleased to see that the Whites Road Secondary Route section was added to the network, but other comments we provided on the Draft RTP Regional Cycling Network in September have not been incorporated, as follows: x Westney Road North — north of Taunton Road, we question why this connection is needed for a commuter -based cycling initiative, as it extends within the rural area. This connection is not part of the Regional Cycling Plan. Instead, Brock Road from north of Highway 7 to Taunton Road should be included as a Secondary Regional Route. x Salem Road, from Taunton Road to Bayly Street — we recommend adding this connection, as there is a 21 138 Durham Region Comments on Draft 2041 RTP Page/Reference Comments considerable north -south gap between Westney Road and Cochrane Street. This road is contained in the RCP and the Region's Draft TMP. Salem Road provides an important arterial connection to Kingston Road, serves the Uptown Ajax Regional Centre, and developing lands in the Carruthers Creek Employment Area. x Grandview Street, from King Street to Olive Avenue — this connection is not on an arterial road, nor is it in the RCP. We recommend changing the north -south connection to King Street from Grandview Street to Townline Road, and extending the facility easterly along Olive Avenue to Townline Road, consistent with the RCP. x Thornton Road, from Taunton Road to Adelaide Avenue — This section should be added as it is planned as a separated cycling facility (multi -use path) in the RCP and Draft TMP, and connects the future Thornton's Corners GO Station and Trent University with the King Street/Highway 2 corridor and future employment lands north of Taunton Road. Principles for The Draft 2041 RTP does not include an investment strategy, Funding the but does include a discussion of principles for a long-term RTP, 109-110, strategy. The principles (including sustainability, throughout transparency, accountability, etc.) are welcomed by the Region. The Region recognizes that transit projects will require both capital and operating funding support from senior levels of government and that funding strategies should align with the available funding tools at each level of government. As municipalities have limited tools for funding transit, a greater share of funding should be provided by Federal and Provincial governments. Any forthcoming investment strategy should ensure that revenues collected from Durham Region residents are used for the delivery of services in Durham Region, and not to WA 139 Durham Region Comments on Draft 2041 RTP Page/Reference Comments subsidize services outside of Durham Region. The strategy should add new revenue tools to assist municipalities in sustainable funding of transit services. In the investment strategy, Metrolinx needs to take care that any fees or levies proposed do not unduly disadvantage GTHA municipalities and businesses compared to those that border the GTHA. It is recommended that Metrolinx undertake a fulsome investment strategy as early as possible to allow sufficient time for consultation with municipalities and for municipal financial planning. Parking Demand The Region supports the implementation of a parking space Strategies levy/charge for park and ride facilities at GO Rail stations as an additional source of funds and an incentive for GO Rail passengers to use local bus service as their preferred mode of access to rail stations. Ownership of The Draft 2041 RTP does not make it clear who will maintain Assets ownership of transit and active transportation assets after project completions. Ownership of assets should reside with the level of government that is responsible and accountable for their associated service provision. General Regional staff provided Metrolinx staff with background information on the Seaton Community in Pickering, including policy context and current status of development from a transportation planning perspective. The Central Pickering Development Plan (CPDP) has a forecasted population of up to 70,000 and employment of 35,000 within the Seaton Community for ultimate buildout, without a specified timeline. By 2031, the CPDP forecasts that Seaton will have 61,000 people and 30,500 jobs. Also included in this background information is a discussion of potential demand for transit on the Highway 407 corridor and Seaton GO Station from the Seaton Community, as well as other growth areas within commuting distance to the station. Regional staff request that more direction be provided in the RTP update in terms of the role and evolution of Highway 407 23 Durham Region Comments on Draft 2041 RTP Page/Reference Comments transit service as a special Regional Express Corridor. Further, we request that the Seaton GO Rail be included station in the recommended transit network prior to 2041, and policy direction be given to undertake an EA for this rail line and specific location/design for the Seaton GO Station. A-10 We suggest modelling a scenario where all 400 series highways in the GTHA are tolled in an equitable manner to see how traffic would be redistributed. Mz! 141 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: December 4, 2017 Report Number: PSD -092-17 Resolution: File Number: PLN 11.21 By-law Number: Report Subject: AirBnB and Short Term Rentals Recommendation: 1. That Report PSD -092-17 be received for information. 142 Municipality of Clarington Report PSD -092-17 Report Overview Page 2 Members of Council have received complaints about short term rentals by companies such as AirBnB. At the last Planning and Development Committee the Director of Planning was asked about the action being taken on AirBnB rentals. This report reviews the existing situation in Clarington, the regulatory regime, the potential issues regarding short term rentals and the mechanisms to address those issues. From staff's research, primarily only large cities with housing affordability and shortage of rental housing have found the need for additional regulatory measures. Several tourist towns have also enacted additional regulatory measures. At the present time, all of the relevant issues experienced in Clarington can be addressed through existing regulations. 1. Origin At the November 13, 2017 Planning Committee meeting, information was requested on staff's response to complaints on AirBnBs. This report is prepared to respond to this request. 2. Overview 2.1 Short term rentals like AirBnB are a growing part of the sharing economy like that includes Uber, car -sharing like Zipcar, Bike share programs like BixiBikes, and goods - exchange program like Swap. The sharing economy is enabled by evolving technology and communication platforms and driven by a desire to save money and reduce the impact on the planet through recycling and sharing goods. 2.2 AirBnB is an internet platform company that connects individuals desiring to rent a personal dwelling unit with anyone searching for a temporary residence. Rentals are less than 30 days. Besides AirBnB, there are other platforms like VRBO (Vacation Rental by Owner), Home Away and Kijiji. The closest type of establishment to that of an AirBnB is a regular bed and breakfast which offers temporary accommodation with breakfast in an owner -occupied, private residence with an all-inclusive fee. 2.3 At the present time, AirBnB has 45 listings in Clarington: x 36re for private rooms in homes; x 15 were for dwelling units. The dwelling units included single detached homes, townhomes and outbuildings, particularly in rural areas (e.g. pool houses, cabins). There was one listing was for a basement apartment. There were no accommodations in apartment buildings. 2.4 There is a broad geographic split of the 45 listings: x 14 in Bowmanville x 10 in Courtice 143 Municipality of Clarington Report PSD -092-17 Page 3 x4 in Newcastle including 3 in the Port of Newcastle x 2 in Orono x 2 in Enniskillen x 3 in Leskard x 2 near Bowmanville x 5 in the Ganaraska area x 2 in Newtonville area VRBO and Home Away websites had five listings each but they were mostly repetitious of AirBnB listings. 3. Regulatory Regime Zoning By -Law 3.1 In general terms, Zoning By-laws 84-63 and 2009-109 do not regulate short term rentals. Homes or rooms in a residence can be rented out for a short or long term. For reference purposes, short term rentals will be defined as less than 30 days and longer term rentals will be one month or greater. 3.2 The only type of rental that is addressed specifically by the Zoning By-laws are bed and breakfast establishments. In Zoning By-law 84-63 Bed and Breakfast establishments are defined as: .......... a dwelling or portion thereof consisting of not more than 3 guests rooms in which the proprietor resides and which caters to the needs of the traveling public by furnishing temporary sleeping accommodations and which may or may not provide meals as an accessory use within the dwelling, but shall not include a boarding or rooming house, a licensed premise, or an activity otherwise defined herein. In the Oak Ridges Moraine By-law 2005-109, the definition is similar making reference to accommodation in the "principal residence of the proprietor". 3.3 It would appear that approximately 90% of the AirBnB listings would likely qualify as a bed and breakfast under this definition because: x The entire dwelling or rooms in the dwelling may be rented; x There is no requirement for meals to be served; and x It is the proprietor's principal residence but there is no requirement that the proprietor has to be on site. In the latter case, it could be the proprietor's principal residence but they could be living at a cottage or being temporarily living out of town for work or school as an example. 144 Municipality of Clarington Report PSD -092-17 Page 4 3.4 AirBnB listings that would not qualify under the Zoning By-laws would be: x Apartments, with the exception of in-house apartments x Townhouses x Dwellings that are not the principal residence of the proprietor x Rural Estate lots 3.5 Bed and breakfast are permitted in the Agriculture (A), Residential Zones in Hamlets (RH), Rural Clusters (RC), along the Shoreline (RS), Urban Residential (R1 and R2) and General Commercial (Cl) under By-law 84-63. In the Oak Ridges Moraine By-law 2005- 109 they are permitted in the Agriculture (A) Rural Settlement 1 (RS1) and in existing homes in the Environmental Protection (EP) Natural Core (NC) and Natural Linkage (NL) Zones. Licencing 3.6 The Municipality of Clarington, like most municipalities, does not license short-term rentals or bed and breakfast establishments. Similarly, the Municipality does not license hotels, and longer term rentals of dwellings or parts of dwellings. The Municipality requires that in-house apartments be registered but like all other residences does not monitor these dwellings once they have been established. 4. Primary Issues for Municipalities 4.1 Like many aspects of the sharing economy, governments at all levels have struggled to balance the positive benefits enabled by new technologies with the impacts on residents and local community. 4.2 For AirBnB and short-term rentals, only large cities (e.g. Toronto, Mississauga, Vancouver) or tourist communities (Tofino, Whistler, Blue Mountain) have or have under consideration additional regulatory tools. Attachment 1 is a paper by the Canadian Centre for Policy Alternatives on "Regulating AirBnB and the Shor-Term Rental Market". 4.3 The primary issues for municipalities are as follows: a) Impact on Housing Availability and Affordability A 2017 study by the McGill University School of Urban Planning has found that approximately 14,000 entire homes in Toronto, Vancouver and Montreal have been converted for full-time AirBnB usage, out of 81,000 active AirBnB listings across the three cities. It is noted that this is 14,000 units which could otherwise serve as long- term units in cities where rental vacancy rates are extremely low. Housing availability and affordability has been the primary reason for municipalities introducing additional regulatory measures. Toronto's recent initiative is virtually entirely focused on increasing the supply of rental housing. 145 Municipality of Clarington Report PSD -092-17 Page 5 The new City of Toronto regulations will amend the Zoning By-laws to create a new category of use for short term rentals, will prohibit the use of an entire dwelling, including in-house apartments, will license the on-line companies, will require the homes to be registered with the City for an annual fee, and will amend the property tax rates. The situation in the City of Toronto is entirely different than Clarington. There is no evidence that short-term rentals are having an impact on housing affordability or availability. The predominant listings in Toronto are for apartments (there are none in Clarington), and in Toronto, the number of units under short-term rentals is huge (11,000 in 2016 versus 45 in Clarington in 2017). b) Nuisance, particularly in areas with a large volume of AirBnBs Some short term rentals become concentrated in certain areas and gain a reputation as party houses. Companies like AirBnB prohibit this but in the past they have a difficult time policing this. Nearby residents generally do not know how to contact the company or the host to complain. Municipal Law Enforcement and the Durham Regional Police Service deal with nuisance complaints throughout the municipality and there are existing regulations that address property maintenance (Property Standards By-law), Noise (Noise By- law) and drug use. c) Loss of taxes Many municipal jurisdictions across the USA and Canada have hotel taxes. At the federal and provincial levels of government, there is income taxes and HST. The loss of revenue from an unregulated accommodation market could have municipal impacts in a high volume market. It becomes worse as property management companies start operating short-term rentals. Clarington and most municipalities outside of Toronto do have the authority for hotel taxes, and thus is not a relevant factor in Clarington. d) Uneven Playing Field for Hotel Operators Hotel operators have a variety of overhead costs that traditional bed and breakfasts establishments and short-term rental operators do not have to pay including commercial property taxes, licensing fees, hotel taxes. In some jurisdictions, particularly tourist areas, this has been seen as an issue of fairness where the accommodation infrastructure has been built up over many years. Municipality of Clarington Resort PSD -092-17 e) Consumer Protection Paae 6 There is some concern regarding the rights of consumers and homeowners and to a certain extent safety under the building and fire safety standards of short-term rentals. Consumer protection is a provincial area of jurisdiction and the province is partnering with AirBnB to raise awareness on these issues. Fire and Building Codes are administered by the Municipality. The construction or modification of dwellings are required to meet the Building Code and Fire Code but after inspections, there is no ongoing monitoring. 5. AirBnB Complaints 5.1 Municipal staff have received only two complaints about AirBnBs, both about the same residence in the Port of Newcastle. The issues raised through the complaints were: xThere is noise and drug use from weekend parties xHosts refused to provide contact information xGeneral concern about short term rentals of non -owner -occupied homes Residents have two avenues to follow with their complaints. They can contact the online listing platforms to remove the listing or they can contact Municipal Law Enforcement/Police regarding nuisances. 5.2 For AirBnB, residents can submit complaints directly to AirBnB (See Figure 1) at httas://www.AirBnB.ca/neiahbors What happens when you submit an issue? ® � A Af:r you lilt out the form, y 11 gel q m fumetion Our teem wiM review y , —pim- It sve m.t.h IF"provide the listing's rveb address, —V be eineit with a taxa number—P.--aF yeur it with--Iw, Air bnb lislin2, —.11send your ehle to Fellow up will lr yuu. It yeu n_i iuM 11. resvvnses. me.— [ the h-1 whet[ v ;bl, sheet address, .ve rant Follow vy Yl, rete but nuy still send your mossege tothe hest. V Figure 1 — AirBnB Complaints Form 147 Municipality of Clarington Report PSD -092-17 Page 7 6. Concurrence This report has been reviewed by Municipal Law Enforcement and the Clerk who concur with the recommendations. 7. Conclusion Short-term rentals such as AirBnB are expanding into Clarington providing an alternative form of accommodation much like traditional Bed and Breakfasts. There is no reason at this time for the Municipality to consider additional regulations or add to staff workload to administer those regulations. Complaints for zoning, noise, parking and other nuisance issues can be addressed through traditional existing mechanisms. 8. Strategic Plan Application Not applicable. Submitted by: David Crome, MCIP, RPP, Director of Planning Services Reviewed by. Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: David Crome, MCIP, RPP, Director of Planning, 905-623-3379 x 2402 or dcrome@clarington.net Attachment: Attachment 1: Paper by Canadian Centre for Policy Alternatives on "Regulating AirBnB and the Short -Term Rental Market". There are no interested parties to be notified of Council's decision. I:\ADepartment\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 11 Housing\PLN 11.21 Short Term Rental s-Airbnb\PSD-092-17_Final. Docx Regulating Airbnb and the Short -Term Rental Market An overview of North American regulatory frameworks Zohra Jamasi Introduction As short-term rentals on platforms such as Airbnb and VRBO soar in many cities across the world, governments find themselves in a unique position of balancing the forces of innovation with the need to create a regulatory framework. The City of Toronto has been grappling with a multitude of challenges created by an uproar of short-term rental listings. The number of Toronto listings on Airb- nb — one of the many platforms used to offer short-term rentals — jumped by 288 per cent between 2011 and 2016. Over the last few years, Toronto has been dealing with the aftershock of short- term rentals, ranging from the disruption of the hotel industry to the tightening of supply in a hot housing market. A staff report proposes the following new rules to regulate Toronto's short-term rental market, including: C C P A CANADIAN CENTRE for POLICY ALTERNATIVES CENTRE CANADIEN de POLITIQUES ALTERNATIVES 149 Attachment 1 to Report PSD -092-17 • Restricting short-term rentals to a person's primary residence, which is a means of cracking down on the 13 per cent of Toronto Airbnb hosts who post multiple listings; • Allowing residents to rent out part or all of their home (up to three rooms) on a short-term basis as long as they are registered with the city, pay a fee, and provide emergency and safety information to guests; • Requiring online platform companies to get a city -issued licence number and to pay a tax on business; • Requiring online platform companies to remove problem listings and pay a licensing fee; • Allowing condo boards to ban short-term rentals in their buildings. These measures effectively legalize short-term rental commercial activities while placing restrictions that should help curb the steep rise of quasi -hotel condos and nuisance short-term rentals in residential neighbourhoods. Across the many jurisdictions impacted by the wave of short-term rentals, policy makers have been tasked with addressing five key issues when considering a regu- latory model. These issues include: commercial host activity, the impact on housing availability and affordability, tax avoidance, and the impact on economic development. Several regulatory models have been formulated to provide solutions to these key challenges. This document summarizes the key elements of proposed or adopted methods to regulate short-term rentals in some leading North American jurisdictions. It provides a detailed account of the cities that use these models and the enforcement mechanisms that have been put in place to hold hosts and platforms accountable. What is a short-term rental? The formalization of short-term rentals in a regulatory framework requires clarity on the definition of a short-term rental. The most widely accepted definition for a short- term rental is the rental of a dwelling (house, town house, condominium, apartment, and secondary suites) on a platform for less than 30 days. This definition varies slight- ly across jurisdictions. For example, Seattle and Denver characterize a short-term rental as a booked stay of 29 consecutive nights or fewer. Quebec defines a short- term rental as lasting no more than 31 days. Some cities have legalized short-term rentals while implementing a set of regu- lations to manage their impact. Other cities, such as New York, have outright banned the activity. Regulating Airbnb and the Short -Term Rental Market 150 ' FIGURE 1 Comparison of regulatory models across North America Toronto classifies short-term rental activity as "any rental of a residential unit lasting up to 28 days in a row."' Key regulatory characteristics in existing models Among the many regulatory frameworks that have been proposed or are currently in place, a common set of characteristics have emerged that include a registration and licence system, a cap on the maximum allowable days in which short-term list- ings can be made available in a given year, provisions restricting the rental of en- tire and/or vacant homes, taxation, health and safety standards, and the establish- ment of zoning bylaws. Table 1 shows the different mix of characteristics in regulatory models across North America. These models differ in their composition of these characteristics and they vary in the extent to which these characteristics are enforced. Regulating Airbnb and the Short -Term Rental Market 3 151 Restriction Entire/vacant Health & Licence/ on number Primary homes Hotel/ safety/liability registration of days residence restricted sales tax insurance Zoning Anaheim 9 Chicago 9 9 Denver 9 9 9 Houston 9 Las Vegas 9 Louisville 9 9 9 Miami Beach 9 9 9 New Orleans 9 9 New York 9 9 Philadelphia 9 9 9 Phoenix 9 9 Portland 9 9 9 Quebec 9 9 San Francisco 9 9 9 Seattle 9 9 9 Tofino 9 9 Toronto 9 9 9 9 9 Vancouver 9 9 Whistler 9 Toronto classifies short-term rental activity as "any rental of a residential unit lasting up to 28 days in a row."' Key regulatory characteristics in existing models Among the many regulatory frameworks that have been proposed or are currently in place, a common set of characteristics have emerged that include a registration and licence system, a cap on the maximum allowable days in which short-term list- ings can be made available in a given year, provisions restricting the rental of en- tire and/or vacant homes, taxation, health and safety standards, and the establish- ment of zoning bylaws. Table 1 shows the different mix of characteristics in regulatory models across North America. These models differ in their composition of these characteristics and they vary in the extent to which these characteristics are enforced. Regulating Airbnb and the Short -Term Rental Market 3 151 City licence and registration The most common response to short-term rentals in North America has been legal- ization of the activity combined with a requirement for hosts to register with their local city office and obtain a business licence. This directive recognizes the com- mercial nature of short-term rentals and creates a tracking system of host activity. Jurisdictions have their own set of requirements that qualify hosts for a licence and almost all require that the licence number be advertised publicly. In Chicago, hosts must register their short-term listing at no cost, but registra- tion must be renewed annually. Hosts who have multiple listings must register each listing separately. Most other jurisdictions have registration fees. The City and County of Denver operate under a licensing framework, issuing a short-term rental licence (less than 30 days) for primary residences. A tenant must have written permission from their landlord to obtain a licence. An applicant must first set up a tax account (Lodger's Tax ID) for a fee of $50 every two years and then apply for a short-term rental business licence for an annual fee of $25. All listings on platforms such as Airbnb must include the business licence number. In Las Vegas, hosts must register and pay an annual fee of $500 for each rental unit. Additionally, the host must present a letter from the host's homeowners' asso- ciation stating permission to operate a short-term rental. In Louisville, short-term rentals cannot exceed 29 consecutive days. Short-term rentals must be registered annually with the Revenue Commission and are restrict- ed to single family homes or duplexes .2 New Orleans and Phoenix allow short-term rentals as long as hosts register for a rental permit with the city and display it on the platforms through which they ad- vertise. Portland was the first city in the United States to legalize short-term rentals in 2014. Both owner and non -owner hosts are required to register with the city's Hous- ing Safety Office. They adopted an interesting fee structure that disincentives mul- tiple units and the rental of non -owner units by charging higher registration fees. For units registered by the owner, a fee of $100 is charged for the first unit and sub- sequent units are charged a higher rate. A multiple host will have to pay $2,000 for the fifth unit registered. Units that are registered by non -owners are charged double the fee of an owner, at $200 for the very first unit and up to $4,000 for the fifth unit. In San Francisco, a registration system is also in place. Hosts are required to register with the planning department and remit a fee of $250. However, to regis- ter a short-term rental, the host must live in the unit at least 275 days of the year. If they have not yet occupied the unit for a full year, then they must have lived in the unit 75 per cent of the total days the unit was occupied. Regulating Airbnb and the Short -Term Rental Market 4 152 Seattle has legalized short-term rentals for primary and non -primary units and offers two types of licences for short-term rentals. Primary residence hosts must sign up for a Short Term Rental Operators License in addition to a business license. Hosts of a non -primary residence unit must register for a Short Term Rental Oper- ators License in addition to a business license. Licences for non -primary residence units are limited to one dwelling unit, in addition to the host's primary residence, which must be located in the City of Seattle. Among Canadian jurisdictions, Quebec was the first to regulate short-term rentals. Quebec law requires short-term rentals of less than 31 days to obtain a licence from Tourism Quebec. Vancouver has proposed regulations that only allow the issuing of short-term rental licences for a primary residence — meaning that the host, whether owner or tenant, must live in the dwelling. This rule targets hosts with multiple in- vestment properties who operate as commercial hosts and eat into the housing stock. Toronto has proposed a two-pronged approach to licensing, requiring both com- panies such as Airbnb and hosts to register and pay an annual fee. Companies are required to obtain a licence with the city and pay a base fee of $5,000 to $20,000 with a scalable component that charges companies a set dollar amount per night rented on the platform. In the case of Airbnb, the scalable fee for 2016 would amount to $988,000 based on a $1 per night rented rate. Hosts of short-term rentals in To- ronto would be required to pay an annual fee ranging from $40 - $150. Business li- cence numbers must appear in all short-term listing advertisements. The dual licen- cing system is geared towards holding both hosts and companies accountable and to ease the compliance process. Chicago and Portland are the only other jurisdictions that imposes registration on operators. The requirement that platforms on which short-term rentals are offered obtain a business licence also serves to help cities with enforcement and data collec- tion, which is important in refining regulations as this industry evolves. Other Can- adian cities (Calgary, Edmonton, Winnipeg, Ottawa), where short-term rentals are soaring are looking towards regulators in Toronto for direction in building a legal framework — a dual licence and registry system is a move in the right direction. Primary residence rule Many short-term rentals operate on online platforms that promote a business model based on the sharing of your home. Yet many listings on these platforms belong to hosts that offer multiple listings that are not primary residences. Many tenants also offer short-term listings illegally, without the consent of their landlords. Regulating Airbnb and the Short -Term Rental Market 153 Research conducted by the Centre for Policy Alternatives shows that only 3 per cent of listings in Toronto belong to the "shared" category, while a small group of multiple hosts (13 per cent) accounted for 46 per cent of revenue in 2016. Regulations in Toronto should highlight a primary residence requirement, as it discourages commercial multiple host operations and puts into place safeguards for an already heated housing market. The primary residence rule will discourage hosts from purchasing investment properties to be solely used for short-term rentals. Vancouver proposed rules making listings that are not a primary residence il- legal. The rules in Vancouver permit a licence for the dwelling unit that does not include secondary units, such as basements and laneways, unless secondary units with tenants have written permission by the landlord to use the dwelling as a short- term rental. This provision has been estimated to add 1,000 units back to Vancou- ver's housing stock. These regulations are to be finalized in 2017. Seattle and Denver are two American jurisdictions that have a primary dwelling requirement for short-term rental licences. Seattle operates under a dual licensing system and makes an allowance for permits being issued for one additional dwell- ing unit, along with the primary dwelling unit of a host. Denver allows tenants that live in the dwelling to make a listing available after obtaining a licence with proof of consent from their landlord. Toronto has followed suit when it comes to the "one host, one home" movement making the primary residence rule a central part of its proposed regulatory frame- work. Short-term rentals that occur in non -primary residences will be illegal. The biggest shortfall in the proposal governing the primary residence rule is that hosts can register and a licence by simply "self certifying" the use of a primary residence. Hosts are not required to show proof of primary residence at the time of registration but may be required to provide this proof in the event they are audited by the city. This creates a loophole in the system that compromises the objective of the rule by allowing commercial activity to slip through the cracks. Multiple hosts can simply obtain licences for several residences under different people "self certifying" that these are primary residences without providing the necessary proof. Cap on the number of days per year Many jurisdictions have implemented a cap on the number of days a year in which a short-term rental that is deemed legal can be made available. Placing a ceiling on the maximum number of days for listings is aimed at curbing commercial host activ- ity that goes beyond local residents sharing their home occasionally. Regulating Airbnb and the Short -Term Rental Market 6 154 This type of rule also addresses the impact of hotel -like operations under the guise of short-term rentals on the housing market. Hosts who cannot make their units available year-round on short-term rental platforms might be more likely to enter into long-term rental leases. This helps low vacancy rates in cities such as Toronto and Vancouver, where housing units are in short supply—driving rental prices up and creating affordability challenges for local residents. One example is Philadelphia, where a licence for short-term rentals is required in excess of 30 days and a cap of 180 days per year is in place. San Francisco has tighter controls in place, permitting hosts up to a maximum of only 60 days per year. As Toronto's proposed legislation does not restrict the number of days in which a host can offer listings. Its restrictions are simply contained to primary residences — up to three rooms, including legal secondary units. Entire and vacant homes When an entire property is listed as a short-term rental, this impacts the housing market — the protection of which is a primary concern in many jurisdictions. New York City implemented legislation in 2010 that made the short-term rental (less than 30 days) of an entire home illegal. For up to 30 days, hosts could offer a room, a bed, or even a couch for short-term rent, but not an entire home. In the fall of 2016, this legislation was extended to make the advertisement of an entire home on a short-term rental platform illegal. As a result, 20,000 listings on Airbnb were deemed illegal. Vancouver has also proposed prohibiting listings of vacant homes and even pot- entially levying a vacant home tax. New Orleans has taken a more lax approach to managing entire home listings by allowing hosts with a city licence to rent entire homes for up to 90 days a year. Proposals for legislation in Toronto will legalize the short-term rental of up to three rooms in a home and entire homes. Research on Airbnb activity in Toronto for 2016 showed that the majority of listings (64%) on the platform are for entire homes, apartments, or condos. This category of short-term rentals is most likely to be hav- ing the greatest negative impact on housing affordability. If the primary residence component fails to curb commercial host operations, failure to restrict the rental of entire homes will continue to create challenges for the rental market in Toronto, where the vacancy rate is extremely low — at 1.3 per cent. Regulating Airbnb and the Short -Term Rental Market 155 Lodging, hotel tax, or sales tax In the absence of regulations, short-term rentals have been operating in a grey area when it comes to taxation. Although many short-term rentals operate as quasi -ho- tels, offering multiple listings, hosts pay residential taxes as opposed to business taxes. In Toronto, commercial property tax rates are 1.8 to 2.6 times higher than residential property tax rates.' This favourable tax environment provides an unfair advantage to operators of short-term rentals, while traditional hotels and bed and breakfasts pay more. Tax avoidance in the short-term rental industry has real negative economic im- pacts on the hospitality industry, which is finding it difficult to compete with low-cost, unregulated short-term rentals. U.S. studies4 show that Airbnb activity in Austin has negatively impacted hotel revenue by approximately 10 to 13 per cent. A study con- ducted by the Ted Rogers School of Management at Ryerson University shows Airbnb revenue as a share of hotel revenue in four large Canadian markets (Metro Vancou- ver, Calgary, Greater Toronto, and Ottawa) has been steadily increasing — threaten- ing the revenue of the existing accommodation industry. Several jurisdictions have responded with tax provisions to level the playing field. These provisions fall under an umbrella of taxes that range from 1-14 per cent of the listing price of short-term rentals. Jurisdictions implementing a hotel occupancy tax in the U.S. include Chicago, Philadelphia, Pennsylvania, San Francisco, Seattle, Portland, Houston, Louisiana, and Louisville. Among Canadian jurisdictions, only Quebec has a hotel tax in effect and Vancouver has proposed a similar lodging tax. Jurisdictions imposing taxes on the listing price of short-term rentals that are at the lower end of the spectrum include: Seattle charges a tax of 1.5 per cent; Chica- go has a "Hotel Accommodations" tax for 4.5 per cent; Louisiana charges a "Sales and Use Tax" of 5 per cent; and Houston, Portland, and Pennsylvania levy a 6 per cent lodging tax. Jurisdictions where higher tax levies are in effect include: Philadelphia, which levies an 8.5 per cent hotel tax; Lousiville, which levies a 10 per cent tax; and San Francisco, where a 14 per cent "Transient Occupancy Tax" is enforced. Quebec is the only Canadian jurisdiction that has a 3.5 per cent lodging tax, which is now in effect. However, as in many of the jurisdictions listed above, enforcement of these new tax rules have been lax, leading to millions of dollars in tax revenue losses for local governments. These challenges shed light on the need for a tighten- ing existing rules and more effective enforcement models. The proposed regulations for Toronto include the city's intention to levy a hotel and short-term rental tax but do not include specific details on the amount of tax or Regulating Airbnb and the Short -Term Rental Market 8 156 the implementation process. Currently, there is no hotel tax in the City of Toronto but proposals to levy a 4 per cent tax on hotels and up to a 10 per cent tax on short- term rentals are underway. Health and safety Health and safety considerations are an important component of regulating short- term rentals. Traditional accommodation providers are required by law to ensure that rental units meet fire codes and have appropriate liability insurance. Most short- term listings are not legally obliged to follow such health and safety measures — ex- posing hosts and consumers to risk and potential legal conflicts. Many jurisdictions have included health and safety standards as part of the eli- gibility criteria for qualifying short-term rentals for a licence. Safety rules will have the desired effect of reducing units that are not built for the purpose of being used like hotel rooms — as long as they are enforced. These measures can mitigate the negative impact that short-term rentals are having on the accommodation industry if violations are handled according to due process and result in fines. In Denver, hosts are required to present guests with a rental package that con- tains city rules and important safety information about the unit being rented. Hosts are also expected to obtain general liability insurance to protect against property damage and bodily injury. Hosts in Louisville must post an evacuation plan as part of their listing and meet the city's set smoke detector requirements. In Seattle, a licence application must be accompanied by a signed declaration that the unit is up to city code and proof that safety information about the unit is provided to guests. In New Orleans, when applying for a dwelling licence a host must provide the city with a floor plan showing locations of smoke detectors in every bedroom, fire extin- guishers, and exits. Additionally, to qualify for a licence the dwelling must have lia- bility insurance for $500,000. In Toronto, the proposed regulations would require registered hosts to abide by municipal bylaws, be up to par with the Ontario Building and Fire Code, and share safety information with guests. However, this rule also falls prey to self certification by hosts, meaning that no proof that health and safety measures are actually being followed is required when issuing hosts with a licence. Regulating Airbnb and the Short -Term Rental Market 9 157 Zoning The operation of short-term rentals in areas zoned for residential purposes have created both social and legal problems for many jurisdictions. The character of lo- cal neighbourhoods is changing in many cities as strangers flow in and out of their boroughs and party houses pop up creating noise nuisance, property damage, and safety concerns. Regulations prohibiting short-term rentals in specific city zones place the onus on the host to determine whether their listings falls in an illegal zone. As zoning by- laws are often a complicated web of legal language, many hosts make listings avail- able that violate these bylaws either because it is too difficult to determine which zones are legal or because violations are not enforced. To reduce the impact of short-term rentals on the social fabric of residential areas, several jurisdictions have made the business activity of short-term rentals illegal in single-family zoned areas. These jurisdictions include Atlanta, Denver, Oklahoma City, Miami Beach, Philadelphia, and Tiburon in California. Toronto is not one of these jurisdictions. The legislative framework put forth in Toronto proposes an amendment to the city's zoning bylaws to establish a new type of land use called short-term rental — permissible only in primary residences. This change will effectively make short-term rentals legal in the following: residential zone, residential detached zone, residential semi-detached zone, residential town- house zone, residential multiple dwelling zone, residential apartment zone, resi- dential apartment commercial zone, commercial residential zone, commercial resi- dential employment zone. Enforcement Mechanisms The most important aspect of any regulatory model is the enforcement mechanisms that accompany it, which are meant to ensure compliance. Legislation alone cannot minimize the negative impacts of short-term rentals if commitment to effective en- forcement is absent. Governments must prioritize both legislation and enforcement, dedicating adequate resources to ensure that violations of rules are followed with immediate and set consequences. In order for this to occur, the enforcement pro- cess must be laid out clearly and cities should plan for expanding the supply of by- law officers in advance of legislation becoming effective. Many cities that have implemented regulatory frameworks have also developed fines for infractions to the rules, but most have been ineffective. What do these fines look like? Regulating Airbnb and the Short -Term Rental Market 10 158 In Chicago, violation of rules governing short-term rental activity can result in a host being fined $1,500 to $3,000 dollars per offence per day. Instances that in- volve criminal activity or public nuisance fines are even steeper, starting at a pen- alty of $2,500 to $5,000 per offence. Most condominiums in Illinois prohibit short-term rentals as stated in condo- minium association declarations. If owners or tenants of condominiums are found to offer units as short-term rentals, they receive a notice requiring them to cease the listing, they can face fines, they can be taken to court by the condominium associa- tion, and they can even be evicted. While a fine system is in place to punish violations, the problem is that the onus is on the condominium associations to regularly check the various online platforms for illegal listings. In this case, enforcement has been offloaded to condominium boards as opposed to government officials. New York City operates under a hierarchy of fines: a first-time infraction by a host costs $1,000, with subsequent infractions costing up to $7,500. A similar fine system has emerged in Miami Beach, where violators are initially fined $1,000 for a first- time offence, followed by fines of $5,000, $7,500, and $10,000 for subsequent vio- lations. Since short-term rentals of single-family homes are banned in Miami Beach, any host offering a single-family home for less than six months and one day can face a fine of $20,000 for a first-time violation. In Phoenix, hosts found to operate without registering face a $150 daily fine. But a bizarre feature of the regulations in Phoenix is that a tax exemption is offered for hosts with less than three short-term rentals — which, according to many defin- itions, still classify as "multiple hosts." Another potentially problematic feature of tax regulations in many cities is that the collection of tax revenue depends on hosts filing taxes on their short-term rent- al income. Many short-term rental hosts do not file taxes because they are unaware of their tax obligations or take comfort in lax enforcement of tax measures, thereby engaging in tax avoidance. The shortcoming in such models is that platforms such as Airbnb are not held ac- countable for tax compliance and are simply asked to provide their hosts with friend- ly reminders about paying their tax dues. A more effective compliance model for taxation would make platforms directly responsible for tax collection and remittance. A prominent example is Philadelphia, where Airbnb is required by law to collect a sales and hotel tax on behalf of the city. The platform automatically charges the tax to the guest's final transaction bill. This kind of model minimizes tax avoidance and encourages accountability. In Canada, Quebec is leading on the regulation front and has prescribed legal fines for short-term rental violations. Fines for small-scale hosts range from $2,500 Regulating Airbnb and the Short -Term Rental Market li 159 to $25,000 daily. Meanwhile, commercial corporations can face penalties of $5,000 to $50,000 a day. Vancouver is the other Canadian jurisdiction developing of regu- latory framework. While still in the works, the proposed set of rules in Vancouver may include suspension of a host's business licence for a term of one year for vio- lating the proposed primary residence or licensing requirement. Toronto's proposals to regulate the short-term rental market borrows some of the key components in other jurisdictions and similarly falls short of a robust en- forcement and compliance structure. Hosts who illegally offer non -primary residence units are simply taken off the registry and do not face any monetary fines. There are also no fines specified to hold companies accountable for allowing illegal postings on their platform. More generally, most of the rules depend on hosts self certifying their compliance, which is too lenient a method of regulation. Conclusion As the short-term rental industry boom spreads across cities in North America, hosts, consumers, and communities look to local governments to regulate short-term rent- als. Several regulatory frameworks have been proposed and many jurisdictions have enacted rules to help minimize the negative consequences of short-term rentals. This document identifies some of the key components that have emerged as part of the mandate to legalize and regulate the short-term rental industry. Integral to the suc- cess of any regulatory framework is the extent to which compliance to the set rules are enforced. Zohra jamasi is an economist with the Canadian Centre for Policy Alternatives' Ontario office. She has a PhD in Economics from Ryerson University, where she also teaches Economics. The author would like to thank Masi Naserie for his research assistance on this project. Regulating Airbnb and the Short -Term Rental Market 12 160 Notes I Toronto Report EX26.3 http://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-104802.pdf 2 Some exceptions apply, please see: https://Iouisvilieky.gov/government/planning-design/short-term- rental-information 3 http://www.ryerson.ca/content/dam/tedrogersschool/htm/documents/ResearchInstitute/CDN Airbnb_ Market_Report.pdf 4 Consigh, Gallagher, Kumar, Mehta, Purnell and Templeton (2012), Jordan (2015) and Zervais et at (2014) C C P A CANADIAN CENTRE for POLICY ALTERNATIVES CENTRE CANADIEN de POLITIQUES ALTERNATIVES www.policyalternatives.ca PLEASE MAKE A DONATION... Help us to continue to offer our publications free online. With yoursupport we can continue to produce high quality research—and make sure it gets into the hands of citizens, journalists, policy makers and progressive organizations. Visit www.policyalternatives.ca or call 613- 563-1341 for more information. The opinions and recommendations in this report, and any errors, are those of the au- thors, and do not necessarily reflect the views of the publishers or funders of this report. —a,b, 161 Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: December 4, 2017 Report Number: PSD -093-17 Resolution: File Number: PLN 25.1.56 By-law Number: Report Subject: South Service Road Street Renaming 1. That Report PSD -093-17 be received; 2. That the By-law shown in Attachment 1 be passed to: f Rename the portion of portion South Service Road between Highway 401 and Port Darlington Road to Lambs Road; and f Rename a segment of South Service Road near Bennett Road as Lake Road. 3. That the renaming become effective December 1, 2018, the anticipated time that the further extension of Lake Road is completed and open for public use to Bennett Road; 4. That the relocated portion of South Service Road south of Port Darlington Road not be changed and that all existing addresses be retained; 5. That staff take all appropriate steps to implement the street renaming as outlined in Report PSD -093-17; and 6. That all adjoining landowners be advised of Council's decision. 162 Municipality of Clarington Report PSD -093-17 Report Overview Page 2 There are two initiatives that have led to the consideration of the renaming of a portions of South Service Road: x the future extension of Lake Road from its current terminus to Bennett Road; and x The development of the Lakebreeze subdivision in the Port Darlington Neighbourhood which has resulted in relocation of the South Service Road access to four waterfront properties. This report outlines staff's proposal for renaming portion of South Service Road but retaining the street name and addresses for the waterfront properties. 1. Discussion 1.1 There are two segments to the South Service Road as shown on Figure 1: x The east -west segment runs parallel to Highway 401; x The north -south segment runs from Highway 401 to Lake Ontario in the same alignment as Lamb Road to the north of Highway 401 1.2 In 2014 Council took the initiative to extend Lake Road from its then eastern terminus to the north -south leg of South Service Road. Some of these lands have been sold and industrial development will soon occur. In addition, development applications are expected in the near future on the long standing industrial plan of subdivision 40M-1921 east of the north -south leg of South Service Road which will further extend Lake Road. 1.3 Lake Road is proposed to be extended from its current terminus at the north -south leg of South Service Road to Bennett Road in 2018. This is shown in green and purple on Figure 1. When Lake Road is extended to Bennett Road, the east -west leg of South Service Road will be redundant and no longer used as a public road, with the exception of the easterly segment, which will form part of the alignment of Lake Road extension. At that time, the Municipality will decide whether to sell the road allowance to the Ministry of Transportation for the future interchange and highway widenings and/or portions to the abutting industrial owners to the south, where appropriate. 1.4 A small portion of South Service Road at the intersection with Bennett Road (shown in purple on Figure 1) will need to be renamed to Lake Road at that time. 163 Municipality of Clarington Reoort PSD -093-17 ❑ L'0 s 'm Future Interchange I it N x n7 661 Paae 3 To be closed HIGHWAYPortion of q�f South Service Road �.,, • to be renamed SG�rH.SjC Lake Road 40M-1921 Lake Road Extension _ to be constructed in 2x18 Portion of South Service Road p - to be renamed to Lambs Road 0� w z� J;I J zv � - Retain as South Service Road - O- � iy Figure 1 — Proposed Street name changes for South Service Road 164 Municipality of Clarington Resort PSD -093-17 Paae 4 1.5 The north -south leg of the South Service Road is on same road allowance as Lambs Road to the north. Both the Region of Durham and Clarington Official Plan's propose Lambs Road to become an interchange with Highway 401 in the future. As a result it is recommended that the portion of the north -south portion of South Service Road shown in yellow on Figure 1 be renamed to Lambs Road. It is proposed that the renaming occur at approximately the time as Lake Road is extended from its current terminus to Bennett Road and the east -west portion of South Service Road is no open to the public. 1.6 The development of the Lakebreeze subdivision in the Port Darlington area requires the construction of new arterial and collector roads with sanitary and municipal water services to facilitate traffic movement and servicing of the area. This is causing some changes to the road network and street names as noted in Report PSD -81-17. In addition, further changes are occurring with the development of the industrial lands along Lake Road and its future extension to Bennett Road. 1.7 In the detailed design of the Lakebreeze subdivision, the existing South Service Road, south of Port Darlington Road and servicing the four properties at the waterfront can no longer be used due to grades and intersection configuration. As a result, a new public street a few metres to the east of the existing road is proposed to access those residences. It was initially proposed to give this new road access a different name. The two permanent residents expressed their objection to the new road name. Staff reconsidered this matter and will now consider this a relocation of the existing road so that addresses to the existing properties remain. In the end, this will be the only segment that retains the name South Service Road. 1.8 There are no existing property addresses affected by this street renaming. All of the industrial lands either have a current Bennett Road address or they have or will be assigned a Lake Road address. The only other properties affected by the street renaming will be new lots created within the Lakebreeze plan of subdivision. Figure 2- South Service Road Realignment South of Port Darlington Road 165 BLK 5 'rl� li S, 6 v -�` -- UK 17 BLK 7 - No BL �m South Service Road LAE ONIA fo Figure 2- South Service Road Realignment South of Port Darlington Road 165 Municipality of Clarington Resort PSD -093-17 Paae 5 2. Concurrence Not applicable. 3. Conclusion Both the industrial and residential development occurring in and near the Port Darlington Neighbourhood have led to the need for road closures and consideration of street - renaming. The renaming of the streets as proposed in this report do not affect existing properties. 4. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David Crome, MCIP, RPP, for Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Carlo Pellarin, MCIP, RPP, Manager of Development Review, 905-623-3379 x 2408 or cpellarin@clarington.net Interested Parties: James Hawkin Richard Russell I:\ADepartment\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 25 Municipal Numbering And Street Names\PLN 25.1.56 South Service Road\PSD-093-17_Final.Docx 166 Clartwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning & Development Committee Date of Meeting: December 4, 2017 Report Number: Addendum Report to PSD -081-17 Resolution: File Number: PLN 25.1.55 By-law Number: Report Subject: Renaming of the North Portion of Port Darlington Road to East Shore Drive and of a portion of East Beach Road to Port Darlington Road Recommendations: That Addendum Report PSD -081-17 be received; 2. That the By-law shown in Attachment 1 be passed to: a. rename a portion of Port Darlington Road to East Shore Drive, from Lake Road to approximately the south boundary of the Hydro One Corridor, specifically, where the remaining portion of Port Darlington Road intersects with East Shore Drive; and b. rename that portion of East Beach Road to Port Darlington Road, between the southern terminus of the current Port Darlington Road and the to -be -constructed portion of Port Darlington Road within the Lakebreeze development; Option A: That property owners, business and residential tenants receive a goodwill payment recognizing the inconvenience and time associated with the street name changes as identified in Section 4 of Report PSD -081-17 and that the reasonable costs associated with the replacement of the sign at 51 Port Darlington Road be paid; or Option B: That property owners, business and residential tenants receive a goodwill payment of $125 per residential owner and tenant and $300 per business or institutional owner and tenant recognizing the inconvenience with the street name changes and that the reasonable costs associated with the replacement of the sign at 51 Port Darlington Road be paid; 167 Municipality of Clarington Addendum Report to PSD -081-17 Page 2 3. That the costs associated with the goodwill payment and sign replacement be recovered from the developer of the Lakebreeze development through the subdivision agreement; 4. 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 5. That all interested parties listed in Report PSD -081-17 and any delegations be advised of Council's decision. Municipality of Clarington Addendum Report to PSD -081-17 Page 3 Report Overview This report is responding to Councils request for more information on driveways to access existing homes at 95 and 110 East Beach Road, Bowmanville. Planning Services Report PSD -081-17 (Attachment 1) was presented at the November 13, 2017 meeting of the Planning and Development Committee. At that time no motion was made to advance the report and as a result it was referred to the Council meeting of November 20, 2017. 2. At the Council meeting of November 20th, Ms. Qui-Nhi Tran -Nguyen submitted a letter (Attachment 2) and made a delegation on the contents of her letter. She wants to retain her address as 95 East Beach Road. The letter proposed that the current temporary access road for residents at 95 and 110 East Beach Road be formalized as an access lane to her private driveway. This temporary access road is provided while the new Port Darlington Road is under construction. When the road construction is completed, it is planned that the temporary access road will be the location of the waterfront trail. 3. Council had a number of questions regarding subdivision implementation specifically with regard to access to existing homes, closure of roads, ownership and maintenance of the access lanes. Council subsequently referred the street naming report PSD -081-17 back to staff for more details on how the alignment of the laneway will be designed. Attachment 3 is a memo from the Director of Engineering Services addressing the details of the driveway access and road closure process. 4. At the November 20th Council meeting a motion was put on the table regarding increasing the goodwill payment from $200 to $300 for business and institutional owners and tenants and from $75 to $125 for residential owners and tenants. Since Council never voted on this motion, Staff's original recommendation 3 is shown with two options: a. Option A is staff's recommendation; and b. Option B captures the amending motion to increase the goodwill payment. 5. It is recommended that Council proceed with the street renaming as outlined in Report PSD -081-17 with Council providing direction on the appropriateness of the goodwill payment. 169 Municipality of Clarington Addendum Report to PSD -081-17 Page 4 Submitted by: David Crome, MCIP, RPP, Director of Planning Services Reviewed by: Z�- Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(a_clarington.net Attachments: Attachment 1 - Report PSD -081-17 Attachment 2 — Letter from Ms. Qui-Nhi Tran -Nguyen Attachment 3 — Engineering Comments on driveways to existing houses. DC/BR/CP/tg/ah The following is a list of the interested parties to be notified of Council's decision: Michael Scott, Durham Region Planning & Economic Development Sue Sartain, Durham Regional Police, c/o Durham Region I.T. Kevin & Lucia Taylor Gary & Sandra Madill Jake Teeninga, Classic Touch Cabinets Campeau Bus Lines Bantams Steel Tiller Steel Inc. Jo-anne McNevin Dave Durbin & Liola Limeback Tim & Esther Carlton Bill Sims Neeve Wilkie James Richard Hawken & Carole Maher-Hawken Bark Hawkins Kreps & Judith Kreps Hawkins I:\ADepartment\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 25 Municipal Numbering and Street Names\PLN 25.1.55 Port Darlington Road to East Shores Drive or Alternative\Staff Reports\PSD-081-17\Addendum Report\Addendum Report - PSD-081-17.docx 170 ciffftwil Attachment 1 to Addendum Report PSD -081-17 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 & Development Committee Date of Meeting: November 13, 2017 Report Number: PSD -081-17 Resolution: File Number: PLN 25.1.55 By-law Number: Report Subject: Renaming of the North Portion of Port Darlington Road to East Shore Drive and of a portion of East Beach Road to Port Darlington Road Recommendations: That Report PSD -081-17 be received; 2. That the By-law shown in Attachment 1 be passed to: a. rename a portion of Port Darlington Road to East Shore Drive, from Lake Road to approximately the south boundary of the Hydro One Corridor, specifically, where the remaining portion of Port Darlington Road intersects with East Shore Drive; and b. rename that portion of East Beach Road to Port Darlington Road, between the southern terminus of the current Port Darlington Road and the to -be -constructed portion of Port Darlington Road within the Lakebreeze development; 3. That property owners, business and residential tenants receive a goodwill payment recognizing the inconvenience and time associated with the street name changes as identified in Section 4 of Report PSD -081-17 and that the reasonable costs associated with the replacement of the sign at 57 Darlington Boulevard be paid; 4. That the costs associated with the goodwill payment and sign replacement be recovered from the developer of the Lakebreeze development through the subdivision agreement; 5. 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 6. That all interested parties listed in Report PSD -081-17 and any delegations be advised of Council's decision. 171 Municipality of Clarington Report PSD -081-17 Page 2 Report Overview The development of the Port Darlington Neighbourhood and the partial redesign of its road network lead to corresponding adjustments regarding specific road names and their exact extent. Notification of the October 25, 2017 Public Information Centre at Bobby C's and the Planning and Development Committee Meeting was mailed to all affected property owners and surrounding community. The Public Information Centre and tonight's meeting have provided opportunity for public comment 1. Proposal 1.1 Council, at their Meeting of October 10, 2017, passed a resolution authorizing staff to take appropriate steps for the renaming of Port Darlington Road to East Shore Drive, from Lake Road to the south boundary of the Hydro One Corridor, specifically, where the remaining portion of Port Darlington Road intersects with East Shore Drive. Council had earlier authorized staff to take steps regarding renaming a portion of East Beach Road including the re -addressing of local properties on East Beach Road. 2. Background 2.1 Engineering Services Department has been undertaking an Environmental Assessment for this new road. In July 2016, five optional alignments for this new road were presented at a PIC. The alignment scenarios all provided for realigning West Beach Road to connect with East Shores Drive with a roundabout at Port Darlington Road. Alternative 1 is shown in Figure 1 below. a..-. -- -. �-1 ',-- ---- - _ ..-...._.... -----•^-�_ ,tel _--------- - - - - 3 - -- --- - -- --- - -- - ;j �`:�■ Figure 1 — Environmental Assessment Alternative 1 — July 2016 172 Municipality of Clarington Report PSD -081-17 Page 3 2.2 After further study, a new and preferred alignment was determined that provided for an alignment along the south side of the corridor rather than the north side. The revised alignment was to accommodate concerns of Hydro One to avoid high voltage towers but it also minimized the impacts on private property, impact on wildlife habitat, provided better traffic flow and means fewer changes to the intersection with West Beach Road. The revised alignment incorporates a continuous route from Lake Road through the hydro corridor and into the plan of subdivision. The southerly segment of Port Darlington Road connects at a T intersection on the curve. (See Figure 2 below). 0 d West Beach Road T. ---- -- - CN Rail 1 � Port Darlington ly Marina Hydro One Corridor LEGEND -- - ---- ` New Section of Port Darlington Road Proposed Waterfront Trail • - - - - - • Propert y Lines -••—••- Proposed Road Right -of --Way New 1 Lakebreeze 1 Community Figure 2: Environmental Assessment -Recommended alignment —February 2017 2.3 The new alignment has resulted in a reconsideration of the street names for the area. 3. Public Information Centre 3.1 Notice of Public Information Centre and this Public Meeting was circulated first class mail to all property owners south of Highway 401, north of Lake Ontario, east of Bowmanville Creek and west of the Lambs Road alignment, including the Port Darlington Marina Villas Condominiums townhouses. 3.2 Staff attended a Public Information Centre at Bobby C's on October 25, 2017 to provide information on the proposed changes and to get input from affected property owners and tenants. Approximately 20 residents, some of whom were directly affected attended. The opinions of the residents were: x Cost to property owners for street name change is much greater than the goodwill payment; 173 Municipality of Clarington Report PSD -081-17 Page 4 x A business owner indicated his costs would be much higher due to the need to change the sign on his building; x Traffic backup at Liberty/Lake Road intersection could be alleviated by directing truck traffic to Bennett Road once Lake Road and Port Darlington Road intersect with Bennett Road; x The CN Railroad crossing at Port Darlington Road will be extremely congested; and x One household on East Beach said a change of their address was unnecessary as they pick up their mail deliveries. The amount of money and time to make the change is insulting. The change of address will not help with traffic produced by Kaitlin Developments and a right hand turn onto Lake Road will not solve the traffic problem at the Liberty Street interchange and at Bowmanville's other north -south routes. Lake Road ` Nf9hw0,Y401 Htghw8y4o7 U Z7� m _ Portion of Port Darlington Road m to be Renamed to East Shore Drive Nafii � �nai Rari ya y ` Legend � East Beach Road Property p I New Connection to Addresses To Be Amended Port Darlington Road East Shore Drive 0 0. Retain as Portion of East Beach Road to be Port Darlington Road Renamed to Port Darlington Road New Portion of Port Darlington Road Eas qIV d Retain as East Beach Road PLN 25.1.55 Figure 3: New Street and Address Changes. 174 Municipality of Clarington Report PSD -081-17 Page 5 4. Proposed Street Name and Street Address Number Changes 4.1 From a street -naming perspective, not changing the name of any part of Port Darlington Road is somewhat similar to the current situation for Waverley Road. Staff believe it is better for the continuous route, which will carry the majority of the traffic into the new neighbourhood, to have one name. It is also important that Port Darlington Road be maintained as the road that passes through the historic Port Darlington. It is thus proposed that the north end of the existing Port Darlington Road from Lake Road to the Hydro Corridor be renamed East Shore Drive connecting through the hydro corridor to the street within the Lakebreeze plan of subdivision. The segment of the proposed renaming is shown on Figure 3. 4.2 The renaming of a connecting portion of East Beach Road that was constructed to facilitate the new waterfront park to Port Darlington Road is to allow for a continuous use of Port Darlington Road across the Bowmanville waterfront from the Bowmanville Creek to Bennett Road. The street renaming results in address renumbering for less than ten properties. To have an optimal numbering sequence, the re -numbering will be finalized after registration of the Lakebreeze plan of subdivision. 4.3 The timing of the two above-mentioned street name changes and related street address number changes is anticipated to be June 1, 2018 but, ultimately should be at such time as the revised road network is completed. 5. Goodwill Payment 5.1 Four residential properties and three industrial properties, plus tenants would be affected by the street renaming. In previous street naming situations, the Municipality has offered a "goodwill payment" to affected property owners and tenants. The payment is recognized as not covering the actual costs, but is a goodwill gesture. The current goodwill payment is as follows: x Business and Institutional Owners and Tenants $200.00 x Residential Owners and Tenants $75.00 5.2 The preliminary estimate of the number of properties affected by the street name changes, based on the recommended payment rate would be approximately $2,000, depending on the number of tenants. The costs of this payment would be recovered from the developer. 175 Municipality of Clarington Report PSD -081-17 6. Discussion Page 6 6.1 There was little opposition to the actual street name change itself but significant concerns were raised with respect to the traffic, impacts of development and the costs and inconvenience associated with the street name change. 6.2 A number of the concerns raised by residents are with respect to traffic volumes, turning movements and congestion at the certain intersections. These matters were considered at the time of the approval of the plan of subdivision and appropriate traffic studies were undertaken. In addition, the Environmental Assessment has examined the means of best means of conveying traffic into and out of the new residential neighbourhood which has led to the continuous curvilinear road design. The purpose of this report is strictly to deal with the road renaming. 6.3 With respect to the cost and time associated with the street name change, it should be noted that once approved and before the effective date, the Planning Services Department notifies numerous agencies and utilities, including Canada Post, of the street name and address changes. This will alleviate to some extent the inconvenience for residents. Nevertheless, it is acknowledged that there will be inconvenience and time required for residents and businesses to change their addresses. The changes can be made gradually (such as at the time of driver's licence renewal) and the Canada Post provides for a transition period. The street name and address changes are contemplated to occur around June of 2018, which also allows time for the transition and notification. 6.4 The property at 51 Port Darlington Road has no business name but uses the address as the building identifier for the tenants that operate out of this building. This is a unique situation. It is recommended that the reasonable costs of replacing this sign be covered by proponent of the Lakebreeze subdivision. (Figure 4) Figure 4: Business premises showing signage 176 Municipality of Clarington Report PSD -081-17 Page 7 6.5 The renaming proposed allows for Port Darlington Road to be retained along the old port's east edge and be extended across the waterfront to Bennett Road, joining the new residential community with the historic port are and reinforcing the neighbourhood's identity. The renaming of the north portion of Port Darlington Road to East Shore Drive provides for a continuous street name for the new curvilinear arterial road extending from the Lake Road to the waterfront. While it may take some time for residents to adjust to the renamed road, over the longer term it will be more readily understood and less confusing. 7. Conclusion 7.1 It is respectfully recommended that the proposed street name changes be approved and that staff be authorized to recover from the developer of the Port Darlington Lakebreeze Subdivision the goodwill payments as outlined in this report. 8. Strategic Plan Application Not applicable. Submitted by: David Crome, MCIP, RPP, Director of Planning Services Reviewed by: z4VA� Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(@clarington.net Attachments: Attachment 1- Renaming to East Shore Drive and Port Darlington Road By-law DC/B R/C P/tg 177 Municipality of Clarington Report PSD -081-17 The following is a list of the interested parties to be notified of Council's decision: Heather Finlay, Durham Planning & Economic Development Sue Sartain, Durham Regional Police, c/o Durham Region I.T. Kevin & Lucia Taylor Gary & Sandra Madill Jake Teeninga, Classic Touch Cabinets Campeau Bus Lines Bantams Steel Tiller Steel Inc. Jo-anne McNevin Dave Durbin & Liola Limeback Tim & Esther Carlton Bill Sims Neeve Wilkie James Richard Hawken & Carole Maher-Hawken Bark Hawkins Kreps & Judith Kreps Hawkins I:\ADepartment\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 25 Municipal Numbering and Street Names\PLN 25.1.55 Port Darlington Road to East Shores Drive or Alternative\Staff Reports\PSD-081-17 Recommendation Report.docx 178 Attachment 1 Municipality of Clarington to Report PSD -081-17 Corporation of the Municipality of Clarington By -Law No. 2018 - being a By-law to amend municipal street names in the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it expedient to amend certain municipal street names in the Municipality of Clarington; Now therefore be it enacted as By-law for the Municipality of Clarington, as follows: 1. Change the name of the portion of Port Darlington Road to East Shore Drive, from Lake Road to the south boundary of the Hydro One Corridor, specifically, where the remaining portion of Port Darlington Road intersects with East Shore Drive; 2. Change the name of the portion of East Beach Road to Port Darlington Road, between the southern terminus of the current Port Darlington Road and the to - be -constructed portion of Port Darlington Road within draft plan of subdivision S -C-2013-0002; 3. The effective date of this by-law is June 1, 2018. BY-LAW passed in open session this 20th day of November 2017. Adrian Foster, Mayor Anne Greentree, Municipal Clerk 179 Attachment 2 to Addendum Report PSD -081-17 TO: Municipality of Clarington ATTN: -Clarington Council -David Crome, Director of Planning Services RE: Renaming of the North Portion of Port Darlington Road to East Shore Drive and of a portion of East Beach Road to Port Darlington Road File # PLN 25.1.55 As the property owner of 95 East Beach Rd directly affected by the proposed plan, I would like to get my concerns and suggestions on record. In my opinion, the proposed plan (Report PSD - 081 -17) is not addressing all issues and has not addressed each individual property circumstances fully and appropriately. I have attached a site plan for your reference to allow a better understanding of the road mapping (in orange is the existing roadway, which I suggest as the link from my property to East Beach Rd and in red is the suggested road change suggested by the builder) A. The road cutting plan to make 2 roadways: principal road Port Darlington Rd and secondary road East Beach Road: The proposed plan suggests to have a small road way leading to my property but it is not addressed in the plan how this new road bifurcation is going to be signed and named — is it in the plan to have a 2nd sign with "Port Darlington Rd" from the main Port Darlington public road leading to my property in order to locate my property? In this case, there will be 2 Port of Darlington Rd roadways with one bifurcating going south and stopping at my home and the other roadway continuing from the main one. Having 2 Port of Darlington Rd is a discontinuity in itself besides being also a source of confusion in finding the way to my home, especially coming from the East. B. East Beach Road already exists and my property is the last number on this road: In my opinion, property 95 East Beach Rd should stay part of East Beach Rd for reasons of continuity and uniformity of types of homes and addresses as explained below and this could be easily be achieved by connecting my property to the remaining of East Beach Rd using the existing road way (as per attached marked up drawing). My property will then be the last one on East Beach road going eastwards and no address change will therefore be needed. Keeping the current address will not only make sense in terms of best continuity/uniformity of type of addresses and homes in this area but also in terms of less confusion when finding my home thanks to this continuity in types of addresses. As mentioned above, there is no reason why the connection road to my property should not remain East Beach Rd, independently of how it is connected to the main road because it is a separate roadway altogether which affects only my property. The concern expressed in section 4.1 regarding "not changing the name of any part of Port Darlington Road" does not apply to my 1 property. In fact, keeping the East Beach Rd name to the road leading to my property will give it a much better consistency in type of addresses. Among the 3 suggested properties having to change their address names, I am the only property situated south of the existing East Beach Road and therefore can be connected to East Beach Road easily via the existing roadway parallel to the Port Darlington Rd without affecting the continuity of the Port Darlington Road. Keeping my property as 95 East Beach Rd will provide a much better uniformity to the type of addresses in the sense that all south properties backing onto the lake belonging to the existing East Beach Rd will all remain related and have "East Beach Rd" name in them - my property will just be the last house among them to the east side of East Beach Rd. C. Miscellaneous concerns: Lastly, if the proposed plan is passed, I also have concerns that: - The link of East Beach Road with the new Port Darlington to the east of my property is not planned to accommodate snow plowing in the winter months. Therefore, the timely and quality of snow removal on the road leading to my property will be degraded. The likelihood of this happening is many -fold increased when the suggested connection is small and/or narrow in size, is a secondary bifurcation to the main route and carries a sharp turn and the snowplower cannot pass. - The suggested bifurcation onto Port Darlington Rd is too close to the roundabout which can make commuting to the west more difficult and unsafe due to the oncoming traffic from the east round about whereas if I join Port Darlington Rd from the corner of East Beach Road, it will be at an official road corner and there will be enough roadway for safe left and right turning. - The legal costs and inconvenience to me are not justified by the proposed name change while also leaving the address unchanged results in essentially no cost or inconvenience to the municipality of Clarington. Finally, I would like to mention that the compensation in lieu offered is inadequately weighed against the arising legal costs as well as the huge amount of time that will need to be spent on changing the address with each and every single third party - and there will be many of them as I have been at this residence for almost 10 years. I thank you for your time and for taking into consideration my concerns and addressing them. Best regards, Ms. Qui-Nhi Queenie Tran -Nguyen Tel: 905-449-5422 Email:gueenietran95Ayahoo.com 95 East Beach Road Bowmanville ON LI CW3 181 1 P� IL CHCB 9 RIM 83,90 f - ppp, i # E 4T It i n pill to ' � F rn I ,f wM i fa +� i a� { ff / i IF 1 , f F w+ A' p, lip 00 ON jr- '14 Q 0 70 & MW OFF I x � A IF kill I 1k ■ +m 1A0— WOL00.w WAP i 1 OEM moll R y .,..� , P 9 - AT 1 SLOPE 2 J I so � � &5.27 PIA 4 c + 41J AS OpSt) 370.039 ) Cu 5 R 0 R T, .1s46 � �8 FLws3 To uNos�E�� � AND RmORED �}i l• il�5y�+I��/�',fn TMS = T — ��r ci0arngton Attachment 3 to Addendum Report PSD -081-17 Memo If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: David Crome, Director of Planning Services Carlo Pellarin, Manager, Development Review Planning & Development Committee From: Anthony S. Cannella, Director of Engineering Services Date: November 27, 2017 Subject: Port Darlington Neighbourhood Development (Lakebreeze Subdivision) — Clarification of Property Access for Existing Residents At the November 20t", 2017 Council meeting there were some questions raised as to the ultimate configuration of driveway access to the two existing residences at houses 95 and 110 East Beach Road (proposed to be renamed to Port Darlington Road). This memorandum provides clarification of the driveway configuration and the ultimate status of the existing East Beach Road and the new Port Darlington Road. As part of the subdivision development Port Darlington Road will be the main east west road from the existing Port Darlington waterfront park over to Bennett Road. The existing section of East Beach Road from the Port Darlington waterfront park over to South Service Road will be removed completely. As part of this work both 95 and 110 East Beach Road, which are along this stretch of road, will be provided with new driveways that will come off of the new Port Darlington Road. Maintenance for the sections of the driveways that fall within the limits of our new waterfront park land will initially be the responsibility of the developer until such time that the subdivision is assumed. After the subdivision is assumed the maintenance of the sections of driveways which fall within the park lands will become the responsibility of the Municipality of Clarington. Attachment 1 to this memorandum provides a graphic representation of this for additional reference. The process for switching over from the existing East Beach Road to the new Port Darlington Road will occur in stages with access to both Houses 95 and 110 being maintained throughout all stages. Initial works included the provision of a temporary access road to maintain the connectivity between the waterfront park and South Service Road. This temporary road is roughly in the same location as the existing East Beach Page 11 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 183 Port Darlington Neighbourhood Development (Lakebreeze Subdivision) — Clarification of Property Access for Existing Residents Page 12 Road. It will remain in place until such time that the new Port Darlington Road is fully constructed to South Service Road and the majority of the house construction has been completed. The developer and their consultant have been and will continue to communicate with the home owners throughout this process with road and construction status. Once the new Port Darlington Road is ready for public use the new driveways will be constructed and access to the homes will be provided off of Port Darlington Road. Should you have any further questions, please contact Engineering Services. Anthony S. Cannella, C.E.T. Director of Engineering Services ASC/ra/jb Attachment: 1 Page 12 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 To South Service Road and Bennett Road I 86.14 85 15 9 0 8 8 86�97 mai 7.0 �1 I B K 4 8-9 86.26.' 86.54 44.54 "TACTILE PLATES AS PER 1 V 0 310.039 (TYP) TACTILE AS P 83 ,PLATES CB 55 0- PER <::3 0 MH 55 CS 53 MH & 57 656 ,-OptVA 2P C, S 11 56 47 16 5� PORT LINGTON BOULE Q 49 Driveway access to 044-0048 M14 M D44 MAX 6:1 SLOPEPROP DITCH 0 85.82 f-1.00% GR MIN B House #95 off of new PROP DITCH AT .69 86.07 - ------- MIN A5., B 9 B 2 RIM 95.39 RIM, 8605" DICB 3 Port Darlington Road ---0) 1 - t - RIM 85.40 5 BL1960 - -86.35 6.75 -- ---- MAX 61 SLOPE \ / / 86.492----, .86.1 86m5 .86.04 DCB 9 RIM 83.90 �CU B OUTLET AS rER 5 Oti.030 uCB 96 MH 4%-7 `CURB OUTLET AS PER 605.830/ EAST BEAGH To Port Darlington Waterfront Park Section of East Beach Road to be removed 86. b -L K 200 86.13 "�EO;R4SP, House 110 fAL REFER TO DWG .36 PUNS) To VINOSCgpE TRAIL 114125 C-33 FOR ROUNDABOUT GRADI 1 040 E ROADWAY BE REMOVEDW TO AIDRE'TORED RE -USE OF EXISTING ROAD PROP 3.0� WITH 150'm TOPSOIL SUBGRADE ToBE REVIEWED DRIVEWAY -LIMIT OF AND SOD — 6.77 186.97 BY GEOTECHNICAL ENGINEER CONNECTION PROPOSED 777,� �86.9 DRIVEWAY E, 1P EX HP 67AP! EX HP TO BE RELOCATED Ex NSE Proposed new driveway. Initially maintained House 95- by developer then maintained by Municipality of Clarington. House #Is 95 and'. 110 X-� Private driveway to be maintained by owner. Existing section of East Beach Road ----------- - New driveway to be maintained to be removed. by developer initially then by Clarington New section of Port Darlington Road New 3.0 m Multi Use Path a Attachment No. 1 - Confirmation of Driveway Configuration andRoads in the Lakebreeze Subdivision Clarbgton 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: December 4, 2017 Report Number: Addendum Report to PSD -085-17 File Number: LD050-52/2017, LD143-146/2017 Report Subject: Delegation by Mr. Stan Przysienzny Recommendations: Option 1 Resolution Number: By-law Number: 1. That Addendum Report PSD -085-17 the Memo from the Director of Planning dated November 17, 2017 and Report PSD -085-17 be received for information; 2. The Planning staff require through the consent agreement a setback of 9.8 metres to the garage for all new dwellings constructed on Lambs Lane, north of Third Street; and 3. That Mr. Stan Przysienzny, Holland Homes and Mr. Richard Bouma and any other interested parties and delegations be advised of Council's decision. Or Option 2 1. That Addendum Report PSD -085-17, the Memo from the Director of Planning dated November 17, 2017 and Report PSD -085-17 be received; 2. That the Region of Durham Land Division Committee be advised that the Municipality of Clarington requests that an additional condition for a road widening of an additional six metres on Lambs Lane from Third Street north to the cul-de sac applicable to applications LD 50-2017, LD51-2017, LD53-2017, LD143-2017, LD 144-2017, LD 145- 2017 and LD 145-2017; and 3. That Mr. Stan Przysienzny, Holland Homes and Mr. Richard Bouma and any other interested parties and delegations be advised of Council's decision. Municipality of Clarington Addendum Report to PSD -085-17 Page 2 Report Overview This report responds to Council's request for more detailed information on an appropriate road widening for Lambs Lane north of Third Street in Bowmanville. At the November 6, 2017 meeting of the General Government Committee, Mr. Przysienzny of 65 Lambs Lane, Bowmanville appeared as delegation. The General Government Committee referred the delegation of Mr. Przysienzny regarding development on Lambs Lane be referred to the Planning and Development Committee Meeting of November 13, 2017 and directed to provide a Report/Memo before the meeting, for all concerns. 2. Report PSD -085-2017 (Attachment 1) was prepared for the Planning and Development Committee on November 13, 2017. Committee directed staff to meet with the applicants and report back to Council on November 20, 2017 with respect to amending the conditions of approval for the consent applications on the west side of Lambs Lane, north of Third Street for a road widening for severed and retained parcels on the west side of Lambs Lane. 3. For the Council meeting, a memo was prepared (Attachment 2) reporting back on discussions with Holland Homes and Richard Bouma. The applicants were not willing to provide a road widening but offered to set back double car garages 9.5 metres from the road allowance allowing for four outdoor parking spaces for each of the new houses. They have subsequently agreed to a 9.8 metre setback. 4. At the Council meeting, Council considered a potential road widening and the following was referred back to staff for detailed information on the road widening for Lambs Lane: Resolution #C-313-17 Moved by Councillor Neal, seconded by Councillor Hooper. That the Memo from David Crome, Director of Planning Services be received; That the Region of Durham Land Division Committee be advised that the Municipality of Clarington requests that an additional condition be added to apply for a road widening of an additional 6 metres on Lambs Lane from Third Street north to the cul-de sac. That Mr. Przysienzny and any other interested parties and delegations be advised of Council's decision 5. The Official Plan provides guidance for the width of roads and thus road widenings. Local roads are to have a right-of-way width between 17 to 23 metres. The Official Plan also provides for public rear lanes to access garages and parking spaces for homes which would front on a public street, but have vehicle access restricted to the rear of the property, such as on Brookhiill Boulevard, north of the Canadian Tire and Walmart in Bowmanville. The right-of-way width for rear lanes is 9.5 metres. 187 Municipality of Clarington Addendum Report to PSD -085-17 Page 3 6. Attachment 3 is a Memo from the Director of Engineering Services regarding details on the road widening for Lambs Lane. 7. The recommendation shown in Option A is based on the recommendations of PSD -085- 17. Option B is based on Council's resolution C-313-17 amended to make reference to the specific land division applications for ease of reference should this resolution be presented to the Durham Land Division Committee. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike clarington.net Attachments: Attachment 1 — Report PSD -085-17 Attachment 2 — Planning Services Memo dated November 17 on Lambs Lane Road Widening Attachment 3 — Engineering Services Memo dated November 27, 2017 on Lambs Lane Road Widening Options The following is a list of the interested parties to be notified of Council's decision: Stan Przysiezny Katrina Metzner Richard Bouma DC/tg I:\^Department\LDO NEW FILING SYSTEWApplication Files\LD-Land Division\20171D 050 to 052 - 2017 Lambs Lane -Elgin\Staff Report\Addendum Report\Addendum Report PSD-085- 17.docx Attachment 1 to Addendum Report PSD -085-17 ciffinooff 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: November 13, 2017 Report Number: PSD -085-17 Resolution Number: File Number: LD050-52/2017, LD143-146/2017 By-law Number: Report Subject: Delegation by Mr. Stan Przysienzny Recommendations: 1. That Report PSD -085-17 be received for information; and 2. That Mr. Przysienzny be advised of Council's decision. Municipality of Clarington Report PSD -085-17 Report Overview Page 2 This report has been written at the direction of the General Government Committee to respond to the delegation by Mr. Przysienzny with respect to various concerns on Lambs Lane in Bowmanville. 1. Background 1.1 At the November 6, 2017 meeting of the General Government Committee, Mr. Przysienzny of 65 Lambs Lane, Bowmanville appeared as delegation. 1.2 Mr. Przysienzny identified the following concerns: x The narrow width on Lambs Lane and current parking issues; x ITe number of severances created on the east and west side of Lambs Lane; x The creation of a semi-detached lot on Lambs Lane; x The increased amount of on -street parking as a result of the new homes being constructed; x Safety concerns regarding the interface with pedestrians and traffic as there are no sidewalks on Lambs Lane; x Insufficient information on the Public Notice from the Land Division Committee; and x Snow ploughing on private property. In response, Committee passed the following resolution: "That the delegation of Mr. Przysienzny regarding development on Lambs Lane be referred to the Planning and Development Committee Meeting of Monday November 13, 2017 and; That staff be directed to provide a Report/Memo before the meeting, for all concerns." 1.3 In order to address Mr. Przysiezny's concerns this report provides the history of the Lambs Lane reconstruction, the various applications to the Land Division Committee for land severance. (see Figure 1) The report also discusses on -street parking and public safety on Lambs Lane. Lastly the report comments on the notice requirements of the Land Division Committee and issues of snow ploughing on private property. 190 Municipality of Clarington Report PSD -085-17 Page 3 Figure 1- Existing and New Lots on Lambs Lane 2. Lambs Lane Reconstruction 2.1 In April 2016, Engineering Services held a Public Information Centre for the reconstruction of Lambs Lane. The final design was completed in May 2016. The tender was awarded in June 2016 and construction commenced in August 2016. The construction took place in two phases, lower Lambs Lane proceeded first, south from Odell Street to Second Street and the second portion from Second Street to Fourth Street is now near completion. 191 Municipality of Clarington Report PSD -085-17 Page 4 2.2 Lambs Lane has a narrow right-of-way width which varies between 7 metres and 10 metres. The road width north of Third Street is 7 metres wide. Through the engineering design process, it was determined that in order to achieve the standard right-of-way width of 18 metres, widenings in the order of 5.5 metres would be required on both sides of the street. 2.3 The acquisition of all the lands required to achieve a wider road width would be difficult, having a significant impact on front yards of existing homes and at substantial cost to the Municipality. As such, the final design of Lambs Lane resulted in the pavement width of 4.2 metres for the entire length of the road, with no sidewalks. Storm sewers were also installed north of Third Street. The extension of a storm sewer created opportunity for infilling on existing large lots. 3. Severances 3.1 Bouma 1 On March 13, 2017, Mr. Richard Bouma applied to the Land Division Committee to sever a lot for one single detached dwelling on the west side, north of 70 Lambs Lane. The creation of the new lot requires the partial demolition of an attached garage on the north side of the existing dwelling. The applications were heard by the Land Division Committee on April 24, 2017 3.2 Bouma 2 There was an existing vacant lot on the east side of Lambs Lane, north of Mr. Przysienzny's property. Following reconstruction of Lambs Lane and extension of storm sewer this lot was eligible for a building permit for single detached or semi-detached dwelling in compliance with the Zoning By-law provisions. Mr. Richard Bouma applied to severe the existing vacant lot to allow for a single detached dwelling lot, and one semi- detached lot. These applications were also heard by the Land Division Committee on April 24, 2017. A further application will be required to split the semi-detached lot once the footing and foundation are in place and surveyed. 3.3 Holland Homes On July 31, 2017, Holland Homes submitted four applications to create three new lots. The two existing single detached dwellings would be demolished and replaced. A total of five new single detached dwellings will be constructed by Holland Homes on the west side of Lambs Lane. The applications were heard by the Land Division Committee on September 11, 2017. 3.4 To summarize, the total number of new lots that will be created through both sets of consent applications, is six, after the semi-detached is divided. Two dwellings will be demolished so there will be a total of nine new dwellings. The vacant lot north of Mr. Przysienzny will be built on with both a single and a semi-detached dwelling which will have two units. 192 Municipality of Clarington Report PSD -085-17 Page 5 3.5 Staff supported the applications, since each lot complied with the minimum 15 metres of frontage and lot area requirements specified in the "Urban Residential (R1) Zone" for single detached dwellings and 18 metres of frontage for semi-detached lots, subject to various conditions. The Engineering Services Department, in their comments on the consent applications, did not require road widenings since the road design was approved and tendered with 7 metres right-of—way. Staff comments are attached to this report as Attachment 1 and Attachment 2. 3.6 All Land Division applications were approved by the Land Division Committee. The applicants, Bouma and Holland are in the midst of fulfilling conditions of land division applications. 4. Discussion 4.1 On October 5, 2017, staff from the Planning Services Department and the Engineering Services Department met with Mr. Przysienzny to discuss the land severance applications and to hear his concerns regarding increased traffic, vehicle speed, and parking issues, as well as the snow ploughing and storage by the apartment building lands to the south and damage to his fence. 4.2 Lambs Lane 4.2.1 The Public Information Centre for the reconstruction of Lambs Lane did not show the applications for severance, since the meeting was held in April of 2016, almost a full year before the first application for land severance was received in March 2017. 4.2.2 The road width did not change with reconstruction of the Lambs Lane. A consistent road width is safer and easier to maintain. Furthermore, a narrow road width reduces speed and volume of traffic, although this segment of Lambs Lane is not a through road so volume is less problematic. Given the lack of width along Lambs Lane, a sidewalk was not feasible. 4.2.3 Additional signage will be installed to prohibit parking on either side of the road and to advise drivers that Lambs Lane is not a through street. See Attachment 3. 4.3 Land Severances 4.3.1 The land severance applications were supported by staff as they were permitted it the R1 Zone and each lot complied with the lot frontage requirements and exceeded the lot area requirements. The lots are deeper than conventional 30-32 metre deep lots, ranging between 38 and 40 metres. Greater lot depths allows for the house to be pushed further back from the road allowance and provide more area for outdoor parking on the lot. Staff contacted Mr. Bouma and he has agreed to provide two parking spaces within the garage and 4 outdoor parking spaces for both the semi-detached dwellings and the single detached dwelling. The zoning by-law requires two outdoor spaces. This should eliminate on street parking problems generated by these new dwellings. Holland Homes has not finalized 193 Municipality of Clarington Report PSD -085-17 Page 6 house models on these lots and is undecided on whether to push the homes back to allow for 2 additional parking spaces. 4.3.2 As noted in Section 3.6 of this report, all consent applications have been approved without appeal and the applicants are in the midst of fulfilling the conditions. 4.4 Notice of Land Division Committee The Land Division Committee falls under the jurisdiction of the Region of Durham. As required by the Planning Act, notice of the meeting is sent to land owners within 60 metres of the subject property and signs were posted on the property. The notice contains typical information including the applicant, date, time and location of the meeting, the proposal including a conceptual map showing the proposed severances, and contact information. Mr. Przysienzny received notice for both sets of applications and attended both Committee meetings to voice his concerns. Furthermore, Mr. Przysienzny would have received notice of the Land Division Committee decision and had opportunity to appeal the decision. 4.5 Snow Ploughing on Private Property Mr. Przysienzny is concerned with snow ploughing and storage at the apartment building abutting to the south of his property. In the past the snow plough operator has piled snow on the wooden fence between Mr. Przysienzny's property and apartment building. The owner of the apartment building has been responsive to Mr. Przysienzny's concerns and ploughed the snow to the west side of Lamb's Lane. Mr. Przysienzny is now concerned that with new homes planned for the west side of Lambs Lane, the snow plough operator will revert back to piling snow against his fence. The Operations Department has confirmed they have not had complaints or issues with snow storage on Lambs Lane in the past. The apartment building was constructed in the early 1960's, predating the site plan control by-law. Today, areas for snow storage and suitable enclosures for garbage are required to be identified as part of site plan approval, in addition to adequate parking and amenity space. The Municipality does not have a by-law regarding snow storage between private properties. This issue is a civil matter between private property owners and should remain as such. 5. Conclusion 5.1 Staff have received numerous inquiries on the potential for land severance on this section of Lambs Lane for many years. The reconstruction of Lambs Lane and more specifically the installation of storm sewers has made this area desirable for infill development. . No parking is permitted on either side of road. The narrowness of the road and the fact Lambs Lane is not a through road, should result in slower speeds and volumes. 194 Municipality of Clarington Report PSD -085-17 Submitted by David J. Crome, MCIP, RPP Director of Planning Services Page 7 Reviewed by: Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike clarington.net Attachments: Attachment 1 — Staff comments on LD 50-52/2017 Attachment 2 — Staff's comments on LD 143-146/2017 Attachment 3 — Proposed traffic signs Attachment 4 — Notice from Land Division Committee The following is a list of the interested parties to be notified of Council's decision: Mr. Stan Przysiezny CS/CP/tg 195 Clarington Attachment 1 to Report PSD -085-17 REVISED Comments to Land Division Committee Meeting for April 24, 2017 Application No.: LD 050/2017 to 052/2017 AAP licant: R. Bouma Construction Inc. Location: Lambs Lane and Elgin Street, Bowmanville Proposed Use: Lot Creation Description of Application Regarding LD 05012017, 70 Lambs Lane, the applicant proposes to sever a vacant 562 square metre parcel to create a new urban residential lot, retaining a 1,186 square metre parcel with an existing dwelling. Regarding LD 05112017, the applicant proposes to sever a vacant 866 square metre parcel to create a new urban residential lot, fronting on Elgin Street retaining a 1,353 square metre vacant parcel of land fronting on Lambs Lane. Regarding LD 05212017, the applicant proposes to sever the retained lands from LD051/2017 creating a vacant 696 square metre parcel new urban residential lot, retaining a 657 square metre vacant parcel of land. Provincial Policy Provincial Policy Statement The proposed realignment and subsequent lot creation represent intensification within a settlement area, as it will utilize existing services. This is consistent with the Provincial Policy Statement. Growth Plan The proposed realignment and subsequent lot creation represent intensification within a settlement area and within the built boundary. The proposal conforms to the Growth Plan. Conformity with Official Plan Provisions The subject lands are designated Urban Residential — Low Density. The proposed creation of four low density residential lots conforms to the Clarington Official Plan. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, O �RI L1C 3A6 905-623-3379 www.clarington.net LD 050/2017 to 052/2017 Page 2 Conformity with Zoning By -Law Provisions LD 050/2017 The subject property are zoned "Urban Residential (R1)". A single family detached dwelling is permitted, on a lot with 15 metres of frontage and 460 square metres for lot area. The proposed lot has sufficient lot area but fall short of the minimum frontage requirements by 0.84 metres. A minor variance will be required. LD 051/2017 The subject property are zoned "Urban Residential (R1)". A semi-detached dwelling is permitted, on a lot with 18 metres of frontage and 550 square metres lot area. The proposed severed lot frontage and area exceeds the minimum requirements. LD 052/2017 The subject property are zoned "Urban Residential (R1)". A semi-detached dwelling is permitted, on a lot with 18 metres of frontage and 550 square metres for lot area. The severed parcel conforms with the zoning by-law. The proposed retained parcel has sufficient lot frontage and area for a single family detached dwelling. Comments The proposed infilling is consistent with the surrounding neighbourhood. There is variation among the lot sizes in the immediate neighbourhood. The proposed lots will have frontages and sizes within the range of existing property frontage widths and sizes. The subject proposal effectively advances the intensification objectives of Provincial policy and the Official Plan and is consistent with the character of the neighbourhood. Recommendations Should the Committee deem it appropriate to approve the application, staff would have no objection, however, would request that, as conditions of approval the applicant be required to: 1. Provide a draft reference plan for review prior to registration and two (2) copies of the reference plan once registered; 2. Pay in full all taxes to the Municipality of Clarington prior to Clarington forwarding the Clearance Letter to the Durham Regional Land Division Committee; 3. For applications LD 050/2017 and LD 05112017, provide a cash payment to the Municipality of Clarington in lieu of parkland dedication. This payment is equivalent to 5% of the value of the severed parcel. In order to determine the value of the land, the applicant will be responsible to have a land appraisal prepared by certified appraiser, to the satisfaction of the Director of Planning. Alternatively a current purchase and sale agreement will be used to base the land value; 4. Regarding LD 05012017, the applicant must demolish a portion of the existing attached garage located on the north side of the dwelling (retained lands) and must 197 LD 050/2017 to 052/2017 Page 3 confirm that the interior side yard setback is a minimum of 1.2 metres from the severed lands prior to clearance of the Land Division application. 5. Regarding LD 05012017, the applicant will be required to make an application for a Minor Variance to reduce the minimum required lot frontage from 15 metres to 14.35 metres. The Committee's decision shall be final and binding prior to clearance of the Land Division application. 6. The applicant must enter into a consent agreement with the Municipality which includes all requirements of the Engineering Services Department regarding the engineering and construction of all internal and external works and services related to these applications. 7. Every effort must be made to minimize the importing and exporting of material. Should Site Alteration Works be necessary, in advance of the approval of the future consent, a permit is required from the Municipality under Site Alteration By-law 2008- 114, as amended, and from the conservation authority for a regulated area under their jurisdiction. Should Site Alteration Works be necessary, as part of the development process, a Soils Management Report is required prepared by a Professional Engineer and submitted to the Director of Engineering Services for approval. The approval of a permit under the Site Alteration Bylaw or Soils Management Report will require providing information respecting any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the subject lands. 8. The following notes must be provided on all site plan drawings: "Respecting all work in the municipal right of way, the contractor is to provide at least 48 hours prior notice to the Clarington Engineering Services Department staff at 905-623-3379." "A Road Occupancy Permit will be required for any work done in the municipal road allowance. Excavation of the road surface is not permitted between December 1 st and April 30th." "All restoration or work done in the road allowance must be completed as per municipal field staff direction." The performance guarantee will not be refunded by the Municipality of Clarington unless the works have been inspected by municipal forces and deemed to be complete and satisfactory." 9. Excavation of Lamb's Lane is not permitted between December 1st and April 30th. An appropriate clause must be included in the consent agreement. rF_Q_T__I LD 050/2017 to 052/2017 Page 4 10. The applicant must provide a storm sewer servicing plan for the residential lot on Elgin Street. 11 Lamb's Lane will be reconstructed by the Municipality of Clarington in 2017. Storm sewer services will be extended to the proposed lot in conjunction with the reconstruction. The owner will be responsible for the cost of extending and connecting storm sewer services to the severed lot as follows: 250 mm PVC Storm Sewer $313.25/metre frontage x 33.66 metres frontage = $10,544.00 Storm Sewer Connections 2 connections @ $867.37 = $1,734.74 Total Servicino Cost Sewer $10,544.00 Connections $1,734.74 10% Administration $1,227.87 Total Cost $13,506.61 An appropriate clause which notes these costs must be included in the development agreement. 12. The applicant will be required to provide a Master Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this site. 13. The applicant must provide a Grading and Drainage Deposit in the amount of $6,000.00 (3 new dwelling lots x $2000.00 per lot). This deposit will be refunded to the applicant when all grading and drainage work is completed to the satisfaction of the Director of Engineering Services. 14 The applicant is responsible for any costs necessary to facilitate the construction of entrances from the subject property to Lamb's Lane and Elgin Street. The cost of providing connecting accesses may include utility relocation, entrance paving, curb cuts, restoration etc. 15 The applicant will be responsible to provide a Road Damage Deposit in the amount of $3,000.00 (3 new dwelling lot x $1000.00 per lot). 16 The applicant will be responsible to provide a performance guarantee in the amount of the road damage deposit. The deposit will be refunded when all works and restoration have been completed to the satisfaction of the Director of Engineering Services. Any decision with respect to the release of the guarantee will be made at the sole discretion of the Director of Engineering Services. 199 LD 050/2017 to 052/2017 pa - e 5 17. All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By -Law and all applicable legislation and to the satisfaction of the Director of Engineering Services 18 .That future dwellings on the newly created lots are designed to be compatible with the surrounding neighbourhood and be subject to Architectural Control." Carlo Pellarin, MCIP, RPP Manager, Development Review Branch Planning Services Department CS*CP*av April 20, 2017 cc LDO Legal 200 Clartgton Comments to Land Division Committee Meeting for September 11, 2017 Application Numbers: LD 143/2017 to 146/2017 Applicant: Holland Homes Inc. Location: 60 and 66 Lambs Lane, Bowmanville Part Lot 12, Concession 2, Former Town of Bowmanville Attachment 2 to Report PSD -085-17 Proposed Use: Creation of 3 new residential lots in the Bowmanville Urban Area Description of Applications Regarding LD 14312017, the applicant proposes to sever a vacant 423.12 square metre residential parcel, Part 2 of the draft 40R -Plan, to be melded with the lands to the north retaining a 653.7 square metre parcel with an existing dwelling to be demolished, Part 1. Regarding LD 14412017, the applicant proposes to sever a vacant 649.6 square metre residential parcel, Parts 2 and 3 on the draft 40R -Plan, retaining a 1927.55 square metres residential parcel with an existing dwelling to be demolished, Parts 4, 5, and 6 . Regarding LD 14512017, the applicant proposes to sever a vacant 642.7 square metre residential parcel, Part 4 of the draft 40R -Plan, retaining a 1286 square metre residential parcel with an existing dwelling to be demolished, Parts 5 and 6. Regarding LD 14612017, the applicant proposes to sever a vacant 643 square metre residential parcel, Part 5 of the draft 40R -Plan, retaining a 643 square metre residential parcel of land with an existing dwelling to be demolished, Part 6. Provincial Policy Provincial Policy Statement The subject property is within the Bowmanville "Settlement Area". Settlement Areas shall encourage opportunities for intensification and redevelopment where this can be accommodated taking into consideration the existing character of the neighbourhood, existing infrastructure, public service facilities and the natural heritage system. The proposed severance applications will promote intensification within the built-up urban area of Bowmanville. The proposed severed lots are appropriate development for the neighbourhood and will efficiently use existing and proposed public infrastructure and services while contributing to the growth targets for the Municipality of Clarington. The subject applications are consistent with the Provincial Policy Statement. 201 LD 143/2017 to 146/2017 Pace 2 r�f�71kTi' The subject lands are located within the built-up area of Bowmanville. The Growth Plan provides a framework for accommodating major growth in settlement areas that offer municipal water and wastewater services, in an effort to build compact and complete communities. The subject. applications are consistent with the Growth Plan. Conformity with Official Plan Provisions Within the Clarington Official Plan both the severed and retained parcels are designated Urban Residential — Low Density. The proposed creation of three new low density residential lots conforms to the policies of the Clarington Official Plan. Conformity with Zoning By -Law Provisions The subject property is zoned "Urban Residential (R1)". A single family detached dwelling is permitted, on a lot with 15 metres of frontage and 460 square metres for lot area. All the proposed lots comply with the minimum lot frontage and lot area requirements. Comments The proposed infilling is consistent with the surrounding neighbourhood. Lambs Lane is an undersized municipal road with a variety of lot sizes and housing forms. The proposed lots will have frontages and sizes within the range of existing property frontage widths and sizes. The creation of three additional residential lots is considered intensification. The subject applications have been reviewed under policies of the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe and the Regional and Clarington Official Plans. The creation of the new parcels would facilitate development for residential purposes in keeping with said policies. The building permits will be reviewed for architectural control and conformity to the neighbourhood. Clarington Engineering Services has no objection to the proposed land severance application, subject to conditions. Recommendations Should the Committee deem it appropriate to approve Applications LD 14312017, LD 14412017, LD 14512017, and LD 14612017, staff would have no objection, however, would request that, as conditions of approval the applicant be required to: 1. Provide a draft reference plan for review prior to registration and two (2) copies of the reference plan once registered; 2. Pay in full all taxes to the Municipality of Clarington prior to Clarington forwarding the Clearance Letter to the Durham Regional Land Division Committee; 202 LD 14312017 to 146/20/7 Page 3 3. Provide a cash payment to the Municipality of Clarington in lieu of parkland dedication. This payment is equivalent to 5% of the value of the severed parcels. In order to determine the value of the land, the applicant will be responsible to have a land appraisal prepared by certified appraiser, to the satisfaction of the Director of Planning. Alternatively a current purchase and sale agreement will be used to base the land value; 4. The applicant must demolish the existing single detached dwelling located at 60 and 66 Lambs Lane and any other accessory structures on the property prior to clearance of the Land Division applications. 5. The applicant must merge Parts 2 and 3 on the Draft 40R -Plan, prior to clearance of the Land Division applications. 6. The applicant must enter into a consent agreement with the Municipality which includes all requirements of the Engineering Services Department regarding the engineering and construction of all internal and external works and services related to these applications. 7. Every effort must be made to minimize the importing and exporting of material. Should Site Alteration Works be necessary, in advance of the approval of the future consent, a permit is required from the Municipality under Site Alteration By-law 2008- 114, as amended, and from the conservation authority for a regulated area under their jurisdiction. Should Site Alteration Works be necessary, as part of the development process, a Soils Management Report is required prepared by a Professional Engineer and submitted to the Director of Engineering Services for approval. The approval of a permit under the Site Alteration Bylaw or Soils Management Report will require providing information respecting any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the subject lands. 8. The following notes must be provided on all site plan drawings: "Respecting all work in the municipal right of way, the contractor is to provide at least 48 hours prior notice to the Clarington Engineering Services Department staff at 905-623-3379." "A Road Occupancy Permit will be required for any work done in the municipal road allowance. Excavation of the road surface is not permitted between December 1 st and April 30th." "All restoration or work done in the road allowance must be completed as per municipal field staff direction." 203 LD 143/2017 to 146/2017 Page 4 "The performance guarantee will not be refunded by the Municipality of Clarington unless the works have been inspected by municipal forces and deemed to be complete and satisfactory." 9. Excavation of Lamb's Lane is not permitted between December 1st and April 30th. An appropriate clause must be included in the consent agreement. 10. Lamb's Lane will be reconstructed by the Municipality of Clarington in 2017. Storm sewer services will be extended to the proposed lot in conjunction with the reconstruction. The owner will be responsible for the cost of extending and connecting storm sewer services to the severed lot as follows: 250 mm PVC Storm Sewer $182.26/metre frontage x 79.50 metres frontage = $14,489.67 Storm Sewer Connections 5 connections @ $1,055.93 = $5,279.65 Total Servicing Cost Sewer $14,489.67 Connections $5,279.65 10% Administration $1,976.93 Total Cost $21,746.25 An appropriate clause which notes these costs must be included in the development agreement. 11. The applicant must provide a Grading and Drainage Deposit in the amount of $10,000.00 (5 new dwelling lots x $2000.00 per lot). This deposit will be refunded to the applicant when all grading and drainage work is completed to the satisfaction of the Director of Engineering Services. 12. The applicant will be responsible to provide a Road Damage Deposit in the amount of $5,000.00 (5 new dwelling lot x $1000.00 per lot). 13. The applicant will be responsible to provide a performance guarantee in the amount of the Road Damage Deposit and Grading and Drainage Deposit. The deposit will be refunded when all works and restoration have been completed to the satisfaction of the Director of Engineering Services. Any decision with respect to the release of the guarantee will be made at the sole discretion of the Director of Engineering Services. 14. The applicant is responsible for any costs necessary to facilitate the construction of entrances from the subject property to Lamb's Lane. The cost of providing connecting accesses may include utility relocation, entrance paving, curb cuts, restoration etc. 204 LD 143/2017 to 146/2017 Page 5 15, All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By -Law and all applicable legislation and to the satisfaction of the Director of Engineering Services 16. The future dwellings on the newly created lots shall be designed to be compatible with the surrounding neighbourhood and be subject to Architectural Control. The dwelling elevations will be reviewed to determine compatibility with the character of the existing neighbourhood. This includes, but is not limited to; the height, roof pitch, massing and scale of the proposed dwellings. Carlo Pellarin, MCIP, RPP Manager, Development Review Branch Planning Services Department AWlahljp August 31, 2017 cc, LDO Legal 205 Lambs Ln signage 10 05 2017 Claringtoi 1.1,000 Attachment 3 to Report PSD -085-17 F Slgn 11,11 nr ITA a1,1 CTM 11-12 Enpn=e-I t�Typ= SF -tine Fieh: , --o: i c Series F -t 83 3 79 23 25 -s 140 17 19 �V Relocate Wa-8 checkerboard to west of sidewalk connection, 21 away from any potential snow removal equipment i 70 77 60 58 Install Wa-31 on new post next to existing comm. pedestals 71 s :.54 12 10 8 g _.4 2 Veterans Avenue Street Name signs missing Street name signs also missing from Second St 136 L137 134 135 .• 133 132 65131 rM . 128 129 124 63 127 120 125 Relocate existing Wa031 NO EXIT to new post next to existing round post on property line r 142 152 148 156 r e reet ' A 55 70 0 - ;117 53 51 114 �a 6 49 112 115 110 45 Install custom No Parking EITHER SIDE signs onhydro poles at proper angels in both directions within no more than 50 m spacing (entire Lambs Ln) The Regional Municipality of Durham Land Division Committee 605 ROSSLAND ROAD EAST LEVEL 4 PO BOX 623 WHITBY, ON L1N 6A3 CANADA 905-668-7711 Fax: 905-666-6208 I:( frfI Pi'I � `d_. •-f-'= Attachment 4 to Report PSD -085-17 August 17, 2017 Clarington Municipality MUNICIPAL CLERK 40 TEMPERANCE ST BOWMANVILLE ON L1 3A6 Dear Sir/Madam: Re: Notice of Regular Meeting File Number: LD 144/2017 Related File(s): NIA Name: Holland Homes Inc Location: 66 Lambs Road, B REVIEWED BY \J Original To: Fi 0 Council Direction ❑ GG Direction ❑ PO Dir tion ❑ Council Information ❑ GG Information ❑ PD Information Copy To: ❑ Mayor ❑ Members of ❑ Ward Councillors Council 11 CAD 11clerks L1Communications ❑ Community 12Corporate ❑ Emergency Services Services Services ❑ Engineering LlFinance ❑ Legal Services Services ClOperations VI,,nng Services ❑ Other: ry. Q 7 O 4171`id" nvil* File 4 � Lot 12, Conc. 2 (See Location Map) Municipality: Clarington Consent to sever a 648.01 m2 vacant residential parcel of land, durham.ca retaining a 1927.55 m2 residential parcel of land with an existing dwelling to be demolished. Durham Region Land Division Committee will meet on Monday, September 11, 2017 at the Regional Municipality of Durham Headquarters in Room LL -C (Lower Level Conference Room). Delegations/public input will be heard beginning at 1:00 P.M. when applications will be considered for decision. If you are interested or have a concern, please attend the meeting or make a written submission. The Ontario Municipal Board may dismiss an appeal of the decision or condition if a written submission is not filed before the Committee gives its decision. To receive the Committee's decision, you must make a request in writing. For further information, please contact the Land Division office. Yours truly, Pamela Aguilera, Assistant Secretary -Treasurer On the day of the meeting, we kindly ask that you please refrain from wearing any scented products such as perfume, cologne, aftershave and scented lotions. The exposure to these products may pose a health risk to our staff. Thank you. If this information is required in an accessible format, please contact "Service Excellence 1-800-372-1102, extension 2583. for our Communities" 100% Post Consumer 207 DURHAM REGION The Regional Municipality of Durham Land Division Committee 605 ROSSLAND ROAD EAST LEVEL 4 PO BOX 623 WHITBY, ON L1N 6A3 CANADA 905-668-7711 Fax: 905-666-6208 I:( frfI Pi'I � `d_. •-f-'= Attachment 4 to Report PSD -085-17 August 17, 2017 Clarington Municipality MUNICIPAL CLERK 40 TEMPERANCE ST BOWMANVILLE ON L1 3A6 Dear Sir/Madam: Re: Notice of Regular Meeting File Number: LD 144/2017 Related File(s): NIA Name: Holland Homes Inc Location: 66 Lambs Road, B REVIEWED BY \J Original To: Fi 0 Council Direction ❑ GG Direction ❑ PO Dir tion ❑ Council Information ❑ GG Information ❑ PD Information Copy To: ❑ Mayor ❑ Members of ❑ Ward Councillors Council 11 CAD 11clerks L1Communications ❑ Community 12Corporate ❑ Emergency Services Services Services ❑ Engineering LlFinance ❑ Legal Services Services ClOperations VI,,nng Services ❑ Other: ry. Q 7 O 4171`id" nvil* File 4 � Lot 12, Conc. 2 (See Location Map) Municipality: Clarington Consent to sever a 648.01 m2 vacant residential parcel of land, durham.ca retaining a 1927.55 m2 residential parcel of land with an existing dwelling to be demolished. Durham Region Land Division Committee will meet on Monday, September 11, 2017 at the Regional Municipality of Durham Headquarters in Room LL -C (Lower Level Conference Room). Delegations/public input will be heard beginning at 1:00 P.M. when applications will be considered for decision. If you are interested or have a concern, please attend the meeting or make a written submission. The Ontario Municipal Board may dismiss an appeal of the decision or condition if a written submission is not filed before the Committee gives its decision. To receive the Committee's decision, you must make a request in writing. For further information, please contact the Land Division office. Yours truly, Pamela Aguilera, Assistant Secretary -Treasurer On the day of the meeting, we kindly ask that you please refrain from wearing any scented products such as perfume, cologne, aftershave and scented lotions. The exposure to these products may pose a health risk to our staff. Thank you. If this information is required in an accessible format, please contact "Service Excellence 1-800-372-1102, extension 2583. for our Communities" 100% Post Consumer 207 0 cn Land Division Application No: LD143-14612017 Nature of Application: Proposed Severance and Addition of Land Municipality: Municipality of Clarington Address: 60 and 66 Lambs Lane LD14612017 PROPOSED SFVERANCE LD145/2017 PROPOSED SEVERANCE LD143/2017 PROPOSED ADDITION (NORTH) Subject Land iParcel Legend Retained Land Road LD 144/2017 PROPOSED SEVERANCE (DEPENDENT 0 COMPLETION 0 LD143/2017) THIRD ST I 0 5.5 11 16.5 22 27.5 Metres This map has been prcd... d from a —:ety of sources. The Rego, of Durham does -t make any representations cancerniog the ii --Y. likely res. hs, or reliability of Ihe.s9 0l the materials. The Region hereby disclaims al1 representations and warranties, Data Sources MINISTRY OF NATURAL RESOURCES' Pmd.ced by Durham Region under Licence rdh the Ontario Ministry of Natural Resources, copyright Queen's Printer for Ontario, 2016 ORTHOPHOTCGRAPHY 2016 provided by 9 First Base Sol.11ons. PARCEL DATA® 2075 MPAC and ds suppliers. All rights reserved. Nal a plan of survey. Clatiagton Attachment 2 to Addendum Report PSD -085-17 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 J. Crome, Director of Planning Services Date: November 17, 2017 Subject: Lambs Lane Road Widening File: LD050-052 The Planning and Development Committee agenda on Monday November 13, 2017, included report PSD -058-17. In considering the said report, Committee provided the following direction to staff: "That staff be directed to meet with the applicants; and That staff report back to Council on November 20, 2017 with respect to amending the conditions of approval for the consent applications on the west side of Lambs Lane, north of Third Street for a road widening for severed and retained parcels on the west side of Lambs Lane. " The width of Lambs Lane was being reviewed as a result of a delegation by Mr. Przysienzny of 65 Lambs Lane to General Government Committee on Monday November 6, 2017. Mr. Przysienzny's concerns related primarily to the narrow width on Lambs Lane not allowing two cars to pass without driving onto the grass verge, current parking issues and safety concerns regarding the interface with pedestrians and traffic as there are no sidewalks on Lambs Lane. The Builders do not agree to provide a Road Widening On Wednesday November 15, 2017 staff met with Richard Bouma, Ryan Holland and Katrina Metzner of Holland Homes. Figure 1 identifies the land ownership and proposed new lots as approved by Land Division Committee. Both land owners object to providing a widening on the severed and or retained parcels. Although both agreed to site the new homes further back on the lot to accommodate more off-street parking. The Holland Homes representatives provided the following reasons for their objection: o Lambs Lane was just reconstructed without any widenings. If a widening was required it should have been determined back in 2016 when the reconstruction of Lambs was approved; o A wider road will encourage on -street parking; The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 209 Page 12 o A road widening will decrease the lot area of their lots. They are proposing to construct bungalows, and their existing designs which they were planning to use, would not comply with lot coverage if a 5 metre widening is taken; o After purchasing 66 Lambs Lane they found out that there would be no road widening and as a result purchased 60 Lambs Lane with this in mind; o If the road widening is for a sidewalk this will cause multiple issues, including: f Reduced parking for the existing house at 70 Lambs Lane causing more on - street parking; f A sidewalk would negate the additional parking that can be accommodated off-street with increased setbacks; and f Clarington will be required to expropriate land from the homeowner at 58 Lambs Lane and remove the existing tree at the front of the property (that was deemed to be preserved during the road reconstruction), in order to have the sidewalk align with the sidewalk at the north/east corner of Lambs and Third St. Mr. Bouma concurred with the comments of Holland Homes and in addition suggested that the narrow dead end street is a unique feature of this area in the Old Bowmanville Neighbourhood and feels it needs to remain as it is. The Builders propose to setback garages 9.5 metres from the road allowance Both Holland Homes and Mr. Bouma recognize that the narrow street makes on -street parking impossible. As a result they both agreed that they would be willing to site all new dwellings on the severed and retained lots a minimum of 9.5 metres from the property line to the garage. This would apply to all new houses on both sides of the street. Their proposal would provide an additional 3.5 metres greater than the minimum in zoning by-law of 6.0 metres. In combination with the 2 metres of boulevard between the curb and property line this would have the effect of allowing two vehicles to be parked in tandem between the garage and the curb. As all new dwellings were proposed to have two outdoor parking spaces side by side in order to comply with the zoning by-law, the additional setback together with the boulevard area will accommodate four standard cars in each driveway. In addition, the single detached dwellings will each have a double car garage. Municipal Public Information Centre and Road Design At the Public Information Centre conducted by the Engineering Services Department prior to the reconstruction of Lambs Lane, two main concerns from existing residents were: o possible road widening or expropriation; and o fear of having a sidewalk in front of their homes. 210 Page 13 These comments were taken into consideration during the design and reconstruction of the road. As a result the existing sidewalk was removed during the reconstruction of the section of Lambs Lane between Third Street and Veterans Avenue. Therefore a sidewalk was not contemplated north of Third Street. Summary This is a unique situation with considerable redevelopment occurring on this segment of a lane. The road design was based on resident input, limitations on the existing road allowance and the placement of existing structures. The builder's proposal addresses the concern regarding the lack of on -street parking but doesn't provide for a sidewalk. Regards David cc: Andrew Allison, CAO Anthony Cannella, Director of Engineering 211 Page 14 Figure 1- Existing and New Lots on Lambs Lane 212 0 Attachment 3 to will 11 Addendum Report PSD-085-17 cial 109MIl Memo If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: David Crome, Director of Planning Services Carlo Pellarin, Manager, Development Review Planning & Development Committee From: Anthony S. Cannella, Director of Engineering Services Date: November 27, 2017 Subject: Lambs Lane Road Widening On November 20, 2017, Council requested that staff review the possibility of taking a road widening on the west side of Lambs Lane from Third Street to the terminus at Fourth Street. The following provides a summary of the background for the project along with a review of various options to address a resident's concern regarding parking. Lambs Lane Reconstruction During the detailed design for the reconstruction, the scope was to mimic the existing Right -of -Way conditions. The current Right -of -Way for Lambs Lane did not facilitate parking, pedestrian facilities was not an issue due to traffic volumes and there were no speed concerns due to the width of the roadway. Typically road widenings are taken to facilitate future road improvements such as urbanization, increase road width and the addition of sidewalk. Through the analysis of the design, it was determined that a sidewalk or wider road width would not be necessary due to the location and traffic volumes on Lambs Lane. It was also important to maintain existing traffic patterns and not introduce access to Fourth Street from Lambs Lane. In April 2016, the Engineering Services Department held a PIC for the Lambs Lane Reconstruction. Most residents were satisfied with the proposed design. Most resident concerns re -iterated the design analysis where there was no desire for sidewalk and to not open Lambs Lane to Fourth Street. Road Widening on Lambs Lane At the November 20, 2017 Council meeting Council suggested reviewing the benefits of taking a 6m road widening on the west side of Lam Es Lane. The thought was that the road widening would facilitate the construction of sidewalk and provide more space for parking within the driveways. Page 11 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 213 Lambs Lane Road Widening Page 12 Due to the existing conditions on Lambs Lane, the construction of a sidewalk would only achieve 12 outside parking spaces, possibly 18 outside parking spaces from the proposed 6 lots due to the construction of the sidewalk in the 6.0 meter road widening. Also, property acquisition would be required from the retained lots from the land division applications (3 properties in total) and from the existing property owner at 58 Lambs Lane. The construction of the sidewalk would also require utility relocation for hydro, bell and cable and existing tree removal. The cost of the sidewalk construction would be approximately $250,000. Refer Figure 1, Option 1 for details. In an effort to alleviate main issue of additional parking on Lambs Lane, Staff from the Planning Department and Engineering Services Department met with the land division applicants. The applicants were in agreement to increase the set back to the garage from 6.0 metres to 9.8 metres to facilitate additional parking in the driveways between road and garage. This set back would achieve 24 outside parking spaces for the 6 lots being proposed. This exceeds the zoning parking requirement for outside parking by 12 vehicles. There would be no additional cost to the Municipality. Refer to Figure 1, Option 2. It is Staff's recommendation that Council enter into an agreement with the Land Division Applicants for the increased set back to provide additional parking to each proposed lot. Anthony S. Cannella, C.E.T. Director of Engineering Services ASC/KR/jb Attachments: Attachment 1 — Figure 1 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 214 New Lot for New Lot for Single Detached New Lot for Dwelling 70 Lambs Lane 6.Om SET BACK Single Detached Dwelling Single Detached Dwelling Lot for Single 9.8m Detached New Lot for _ Dwelling New Lot for New Lot for _ Single Detached Dwelling 170 Lambs Lane 9.8m New Lot for Single Detached Dwelling 7771 New Lot for Single Detached Dwelling Lot for Single Detached 65 Lambs Lane Lot for Single Detached Dwelling 6.0m WIDENING New Lot for New Lot for New Lot for Single Detached Dwelling Single Detached Dwelling Single Detached Dwelling 9.8m New Lot for _ SETBACK New Lot for _ Semi Detached Dwelling 170 Lambs Lane 9.8m Semi Detached Dwelling SET BACK 65 Lambs Lane Lot for Single Detached 65 Lambs Lane Dwelling POSSIBLE PROPOSED SIDEWALK New Lot for Single Detached Dwelling New Lot for Single Detached Dwelling CAR CAR PARKING PARKING SPOT (5.7m x 2.1 m) New Lot for SPOT 5.7m x 2.1m) Single Detached Dwelling Lot for Single Detached Dwelling THIRD STREET � � I THIRD STREET Option 1 • Take 6.0m Widening • Set Back to Property Line remains at 6.0m • Achieve 12 outside parking spaces, possibly 18 if car parks sideways • Additional cost to Municipality approximately $250,000 for construction of sidewalk and land acquistion Option 2 • Increase Set Back to 9.8m From Property Line • Achieve 24 outside parking spaces on east side for 6 dwellings • No additional cost to Municipality Fig2db9 Clarington Planning Services If this information is required in an alternate accessible format, please contact the $ FF H V V L E L am9Q5-&23x3379 &xtR2 R U G L Q D W R U Report To: Planning and Development Committee Date of Meeting: November 13, 2017 Report Number: PSD -082-17 Resolution Number: Report File Number: ZBA 2016-0023 By-law Number: Report Subject: An Application by South Bowmanville Limited to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings Recommendations: That Report PSD -082-17 be received; 2. That the application to amend the Zoning By-law submitted by South Bowmanville Ltd. be approved and that the Zoning By-law contained in Attachment 1 to Report PSD -082-17 be passed; 3. That the boulevard area shown in Attachment 2 to Report PSD -082-17 be declared surplus and be sold to South Bowmanville Limited for the sum of $2.00 and that such lands be consolidated with Lot 32, Lot 61 and Lot 62 as shown in Figure 6 for no additional fee; 4. 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; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -082-17 and Council's decision; and 6. That all interested parties listed in Report PSD -082-17 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -082-17 Report Overview Page 2 It is recommended that the application to rezone the rear portion of the lot known as 46 Mill Lane, Bowmanville, to permit the creation of two residential building lots fronting onto Terry Crescent be approved. 1. Application Details 1.1. Owner: Michelle Pigeon and Jimmy Blondin 1.2. Applicant: Weston Consulting on behalf of South Bowmanville Ltd. 1.3. Proposal: To rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings 1.4. Area: 968 square metres 1.5. Location: 46 Mill Lane, Bowmanville (see Figure 1) 1.6. Roll Number: 181702001015600 1.7. Within Built Boundary: Yes Figure 1: Subject lands and surrounding area Municipality of Clarington Report PSD -082-17 Page 3 2. Background 2.1 On September 11, 2017, a Public Meeting was held to consider the subject application. The applicant is seeking to rezone the rear portion of the property known as 46 Mill Lane in Bowmanville from Urban Residential Type One (R1) to Urban Residential Exception (R2-54) to accommodate the proposed severances shown in Figure 2. Lot 48 Lot 49 Crosswinds Jo Subdivision Overland Flow Channel Lot 50 Boundary 9� Lot 53 Lot 51 54 Mill Lane Lot 54 Lot 52 c m U Lot 55 U 50 Mill Lane Lot 34 Lot 33 Lot 56 H � c� Severed Lot 61 Retained Lot 46 Mill Lane Severed Lot 62 42 Mill Lane Lot 30 Lot 31 Lot 32 40 Mill Lane N 38 Mill Lane ZBA 2017-0000 Figure 2: Proposed Lots 2.2 Concurrent applications were submitted to the Durham Land Division Committee in 2016. These applications were considered premature and were tabled at the January 16, 2017 meeting. Approval of the proposed Zoning By-law amendment would allow these applications to proceed. Municipality of Clarington Report PSD -082-17 2.3 A number of studies were submitted and circulated for comments. x Planning Justification Report x Stage 1 Archeological Assessment x Environmental Site Assessment x Functional Servicing Report and Stormwater Management Report x Tree Preservation and Arborist Report 3. Land Characteristics and Surrounding Uses 3.1 The surrounding uses are as follows: North - Residential lot with registered plan of subdivision 40M-2599 South - Existing residential rear yard East - Existing single detached dwelling on proposed retained lot West - Terry Crescent and residential lands under development Page 4 3.2 The subject lands are located towards the north end of Mill Lane in Bowmanville, an older residential lane located west of West Scugog Lane. Lots on Mill Lane tend to be larger and wider than typical subdivision lots, as these are serviced with private sewage systems. Frontages on the north -south portion of Mill Lane range from approximately 15 metres to 47 metres and lot areas for the same portion range from approximately 705 mZ to 3,900 mZ. The proposed retained lot would have an area of approximately 1,035 mZ and frontage of 24.38 metres. 4. Provincial Policy 4.1 Provincial Policy Statement Municipalities shall encourage opportunities for intensification and redevelopment in urban areas where this can be accommodated taking into consideration the existing character of the neighbourhood and existing infrastructure and public service facilities. This application conforms with the Provincial Policy Statement. 4.2 Provincial Growth Plan The subject lands are located within the built-up area of Bowmanville. A significant portion of new growth is to be directed to the built-up areas through intensification where existing municipal water and wastewater services are or will be available. This application conforms with Growth Plan policies. Municipality of Clarington Report PSD -082-17 5. Official Plans 5.1 Durham Regional Official Plan Page 5 The Durham Region Official Plan designates the lands Living Areas. These lands shall be used predominantly for housing purposes and shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. This application conforms to the policies of the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the lands Urban Residential. The predominant use of lands designated Urban Residential shall be for housing purposes. This application proposing to allow two additional single detached dwellings within the built up area conforms to the policies of the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands Urban Residential Type One (R1). The R1 zone allows single detached dwellings based on 15 metres of frontage and 460 mZ lot area as well as semi-detached dwellings with 18 metres of frontage and 560 mZ of lot area. The retained parcel with the existing dwelling complies with the R1 zone provisions, however the proposed severed lots do not. The proposed R2-54 zone would allow for the two lots. 7. Summary of Background Studies 7.1 Planning Justification Report A Planning Justification Report was not required however one was submitted with the application. The Report concludes that the proposed rezoning would facilitate efficient and compatible infill development within a built-up area of Bowmanville and represents good planning. 7.2 Environmental Site Assessment Phase One and Two Environmental Site Assessment (ESA) reports were submitted in support of the rezoning application in June, 2017. Potentially contaminating activities were identified both on the site and immediately adjacent to the site including former orchards and an above ground heating oil storage tank. Three boreholes were drilled on the subject parcel and appropriate samples collected for analysis. Results of the analysis are within the Ministry of Environment and Climate Change standards range for residential property use. The Phase Two ESA report concludes that there is a low level of concern from an environmental perspective and that the property is suitable for the proposed residential use with no further testing required. Municipality of Clarington Report PSD -082-17 7.3 Tree Preservation Plan Page 6 Several trees near the property lines of the subject property are listed for removal as part of the adjacent Crosswinds subdivision development. Tree number 53 (Black Walnut) on the Tree Preservation Plan, which is located near the southwest corner of the subject property is proposed to be removed due to grading and construction impacts. The plan has been revised to show the cedar hedge along the southern property line of 46 Mill Lane. The applicant's arborist has submitted a letter stating that it is not feasible to retain this hedge. 7.4 Archaeological Assessment The Archaeological Assessment of the subject property was conducted by the shovel test pit method at five metre intervals across the proposed severed portion of the lot where no structures existed. No archaeological finds were encountered during the course of the fieldwork conducted in August, 2016. The assessment report concludes that the proposed lots raise no concern of impacts to archaeological resources. 7.5 Functional Servicing and Stormwater Management Report Storm drainage from the new subdivision is directed to the storm sewer system under West Scugog Lane and outlets to the Jackman Stormwater Management Facility. Major storm events would result in overland flow directed to West Scugog Lane, ultimately discharging to the Bowmanville Creek at Longworth Avenue. Historically storm water has drained from north west to south east across the subject lands. The proposed lots would have split drainage due to grading constraints and not all stormwater would be captured on site. Capturing a portion of stormwater from the proposed lots and directing it to the sewer will improve the existing conditions. Sanitary sewer and water supply connections for the proposed lots will be via Terry Crescent to the west. As 46 Mill Lane currently has a septic system in the rear yard, the sanitary sewer is being extended south on Mill Lane allowing the existing dwelling to be connected so that the septic system can be removed. The dwelling is already connected to municipal water supply. 8. Public Submissions 8.1 Six residents spoke in opposition to the application at the Public Meeting. No one other than the consultant's applicant spoke in support. Concerns expressed by residents at the Public Meeting and subsequent Planning and Development Committee meeting include the following: x Drainage swales, particularly on lot 32 x Overland flow of storm water from development south onto Mill Lane properties x Possible impact of development on adjacent septic systems x High ground water table in the general area x Current disruption due to construction x Lot premiums charged for lot 32 and 56 in Crosswinds subdivision Municipality of Clarington Report PSD -082-17 Page 7 8.2 Additional concerns have been raised about the Crosswinds subdivision development such as tree preservation, lot grading and disposal of rocks. Clarington Engineering is aware of these concerns and they are being addressed through the inspection and complaint process. 9. Agency Comments 9.1 Regional Municipality of Durham The Region notes that the concurrent land division applications are premature until this rezoning has been approved. The Phase One and Two ESA reports submitted in support of the rezoning are generally acceptable though the final review will be conducted by the Region through the Land Division process when it resumes. The Region requires that a Regional Reliance Letter and Certificate of Insurance be submitted to accompany the ESA reports. The Region has reviewed the Archaeological Assessment submitted and requires that a copy be provided to the Ministry of Tourism, Culture and Sport for their review and clearance letter. If the clearance letter is not received prior to approval of the rezoning, the Region recommends that a Holding (H) provision be placed on the zoning until the letter is received. The Durham Works Department note that all servicing related matters will be addressed through the Land Division applications. 9.2 Central Lake Ontario Conservation Authority The Central Lake Ontario Conservation Authority does not have any objection to the rezoning application to facilitate the creation of two additional lots. Central Lake Ontario Conservation Authority recommends that the lots be included in the engineering plans for the adjacent subdivision and that detailed grading should be submitted to ensure that the grading is coordinated with the subdivision. 10. Departmental Comments 10.1 Engineering Services The Engineering Services Department generally finds the most recent grading and servicing plan to be acceptable. Engineering requirements will be captured and secured for through the development agreement that would follow as a condition of approval of the Land Division process. 10.2 Emergency and Fire Services No objection to the proposed rezoning. 10.3 Building Division No objection to the proposed rezoning. Municipality of Clarington Report PSD -082-17 Page 8 11. Discussion 11.1 Overland flow of storm water from the development lands south onto Mill Lane properties will be reduced below pre -construction levels by the grading work and the storm sewer system that is being installed in the Crosswinds subdivision. The subject lands will be graded and serviced to tie into the subdivision development alleviating an additional area where overland flow current drains south easterly. Possible impact of development on adjacent septic systems due to a high ground water table and overland flow is minimized by the implementation of the approved grading and servicing plans as shown on Figure 3. p w .R _ 43 [ 46 "M I x 47Q i41 _ 4 48e 4 V40 s� MI. 4- N39 y+ q% 50R -}� 141 33 72 11 70 521 vv �rm rm r ro iro R . A W _ 6s 77 - 18 -19 ryeciF PRE -DEVELOPMENT AREA BOUNDARY OF Nay SURFACE WATER Wa__ DRAINAGE TO MILL LANE i — �p � C 3RB-. gg p. 43� F a,s.orerM.ww�sa w \ i 6 � 5 41 t]5S &f�mfii.. 3lill 32 0. � 7.7 �•azocK®I:�a R?�. o r Boron �•j� _, e � 53 nao 7gypy��s��. •7 99,54 co L � SSI - X01 A�,� ♦ . ��.� • �{�,\\\ mwnrrw�Trrt<vm s. POST -DEVELOPMENT AREA OF SURFACE WATER DRAINAGE TO MILL LANE Figure 3: Pre and post development drainage areas 11.2 While a small portion of the area that has always flowed in a south easterly direction towards lots on Mill Lane will continue to do so, the majority of the land and water will be directed by the storm sewer system to the Bowmanville Creek. Staff from Planning Services and Engineering Services recently met with Robert Tompkins and Dawn Wheeler to discuss grading and drainage in light of what has previously been approved in .R _ 43 4 48- a 46 I x 47Q i41 _ 4 48e 4 V40 4- N39 y+ q% 50R �. R +a 3374 521 i � iN 33 41 t]5S &f�mfii.. 3lill 32 0. � 7.7 �•azocK®I:�a R?�. o r Boron �•j� _, e � 53 nao 7gypy��s��. •7 99,54 co L � SSI - X01 A�,� ♦ . ��.� • �{�,\\\ mwnrrw�Trrt<vm s. POST -DEVELOPMENT AREA OF SURFACE WATER DRAINAGE TO MILL LANE Figure 3: Pre and post development drainage areas 11.2 While a small portion of the area that has always flowed in a south easterly direction towards lots on Mill Lane will continue to do so, the majority of the land and water will be directed by the storm sewer system to the Bowmanville Creek. Staff from Planning Services and Engineering Services recently met with Robert Tompkins and Dawn Wheeler to discuss grading and drainage in light of what has previously been approved in Municipality of Clarington Report PSD -082-17 Page 9 the Crosswinds subdivision and what is recommended for approval through this application and the subsequent Land Division application. All plans and supporting documents were available for their review at that meeting. 11.3 The tree preservation plan identified a Walnut tree at the rear of 46 Mill Lane. It has been revised to show the hedge along the property line between 42 and 46 Mill Lane. The tree and hedge are identified on Figure 4.The applicant's arborist has also provided further comments in support of removing the Black Walnut tree located near the southwest corner of the 46 Mill Lane property. Based on the proposed grading and previous pruning of the Black Walnut tree, the arborist recommends removal of the tree and the hedge. Staff have received correspondence from Robert Tompkins of 42 Mill Lane stating his agreement that this tree and the hedge should be removed by the developer at their expense. While Staff support retaining trees and hedges where possible, it does not appear to be feasible to do so in this case. Figure 4: Black Walnut Tree and Cedar Hedge 11.4 In addition to the issues raised about grading, drainage and trees, Committee members expressed significant concern about the potential that some purchasers in the Crosswinds subdivision had been provided information that led them to pay inappropriate lot premiums. Following the Public Meeting of September 11, 2017, the Committee passed a resolution requiring "that the owners attend the next Planning and Development Committee meeting of October 2, 2017 to address questions raised". The owner provided a letter to Committee members prior to the meeting of October 2 to address the lot premiums that were paid by purchasers in the Crosswinds subdivision and Eddy Chan, Director of Land Development, Delpark Homes and Darren Marks, GHD Limited appeared at the meeting to answer questions. Having reviewed the information provided regarding lot premiums, it would appear that the amounts were commensurate to what Municipality of Clarington Report PSD -082-17 Page 10 the purchasers will receive in terms of additional lot depth and, in the case of Lot 32, backing onto open space. 11.5 Committee members also expressed concern about the odd configuration of lots along the south and east sides of Terry Crescent where it makes the corner at lots 32 and 62. This current configuration produces an area in the boulevard that is adjacent to the front yards of both lot 32 and 62, shown as the green rectangle in Figure 5. It is not immediately clear whose responsibility this boulevard is to maintain since it is in front of two lots. Staff have not been able to locate a comparable situation. Figure 5: Existing Boulevard Area 11.6 Typically, lots around a corner such as this would be pie shaped with a narrow frontage and widening towards the rear of the lot. With pie shaped lots there is still overlook of neighbouring driveways, particularly in the road allowance. However, the side lot lines of each lot are deemed to extend to the curb in order to determine responsibility for maintenance in front of an owner's property. In this case, the Crosswinds subdivision was approved at a time when no additional lands were available outside of the limits of the subdivision, hence the square in the boulevard. More recently, the rear of 46 Mill Lane has been made available for development. Lot 56 Lot 61 Lot 62 Lot 31 Lot 32 0 N o ZBA 2016.0023 Figure 5: Existing Boulevard Area 11.6 Typically, lots around a corner such as this would be pie shaped with a narrow frontage and widening towards the rear of the lot. With pie shaped lots there is still overlook of neighbouring driveways, particularly in the road allowance. However, the side lot lines of each lot are deemed to extend to the curb in order to determine responsibility for maintenance in front of an owner's property. In this case, the Crosswinds subdivision was approved at a time when no additional lands were available outside of the limits of the subdivision, hence the square in the boulevard. More recently, the rear of 46 Mill Lane has been made available for development. Municipality of Clarington Report PSD -082-17 Page 11 11.7 Planning and Engineering staff have reviewed various solutions to help mitigate any confusion regarding boulevard maintenance and the appearance of the driveway from one lot to be in front of another lot. Staff are recommending that the solution illustrated in Figure 6 be implemented by declaring a portion of the boulevard as surplus land and that this surplus land be added to lots 32, 61 and 62 as shown. The red dashed lines in Figure 6 represent the current front property lines of lot 32 (approved), 61 and 62 (proposed). It is recommended that the property line be revised as illustrated by the solid red line, which follows the curvature of the road. Lot 56 Lot 61 Lot 62 (I Lot 31 Lot 32 N 0 o ZBA 2016-0023 X Figure 6: Proposed Boulevard Solution 11.8 The solid red line with a west northwest direction between lots 32 and 62 (Figure 6) becomes a side lot line. Staff have notified the applicant and the purchaser of lot 32 to advise them of the recommended boulevard solution. No objection by either party has been stated. As a condition of Land Division, Staff will recommend planting 2 or 3 trees along the proposed side lot line between lot 32 and 62 to screen the driveways of lot 32 and 62 from the front windows of each other's homes. A street tree may also be planted in the boulevard along the extension of that side lot line. Details such as this will be handled through the Land Division process. Municipality of Clarington Report PSD -082-17 12. Conclusion Page 12 In consideration of all agency, staff and public comments, it is respectfully recommended that the applications to rezone the lands to facilitate the creation of two additional lots for the construction of single detached dwellings be approved. 13. Strategic Plan Application Not applicable. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Mitch Morawetz, Planner, 905-623-3379 ext. 2411 or mmorawetz(a-)-cl ari ngton. net Attachments: Attachment 1 — By4 and Key Map Attachment 2 — Ma S showing lands to be ddred surplus The following is a list of the interested parties to be notified of Council's decision: Robert Tompkins Dawn Wheeler Scott Parsons Theresa Vanderwerf Walter Curr Paul Jefferson Jimmy Blondin M M/C P/tg I:NDepartment\LDO NEW FILING SYSTEMWpplication Files�ZBA-Zoning�2016�ZBA2016-0023 46 Mill Lane\Staff ReportTSD-082-17.docx Attachment 1 to Report PSD -082-17 Corporation of the Municipality of Clarington By-law Number 2017 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2016-0023; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Holding Urban Residential Exception (H)(R2-54) Zone"; and "Urban Residential Exception (R2-55) Zone" to "Holding Urban Residential Exception (H)(R2-54) Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule `A' attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By -Law passed in open session this day of 12017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk J:\REPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\P & D November 13, 2017\PSD-082-17\PSD-082-17 Attachment 1.docx This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. 4 I � I I l V I I y 1 J I I � y 1 I I 1 I I tI___--____ 1 I I I I I 1 ----------- I 1 I I I 1 I ----------- I I 1 ---- -----A ------------- 'PA ` (P I 1 , 0 UO I I\♦ I - --L----- G) 17- z Z M Zoning Change From 'R2-55' To '(H)R2-54' Zoning Change From 'R1' To '(H)R2-54' !V Zoning To Remain 'R1' Bowmanville • ZBA 2016-0023 • Schedule 3 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Attachment 2 to Report PSD -082-17 Map showing Lands to be Declared Surplus Presentations and Handouts Application By: 2533937 Ontario Inc. To permit a two-storey three-storey mixed use Bowmanville. commercial building and a building at 2005 Green Road, Public Meeting: Monday December 4, 2017 Proposal. Mixed-use Building Under Construction .. 4, -�- .� !� ! Proposed Phase One Commercial Building Clarington Central Secondary School Stevens Road Proposed Phase Two Mixed -Use Building �UI}J@Ct Ite Building under construction � ,�•J Il�llli�+ Existing Easement Clarington Central Secondary School r X F- .. Phi$e LI Phase i .. Pimp Sed Easement �uifBuilding : - ;i - '- .4'r- J x , N'+ - ------ - ---------- ----------- ----- -. - -- -- Y, ••f'^_+ } 6 •rr ern --------- ------- --------' - Stevens Road _ --•------- — ------- — — STf1! 0 0 is oil Ib a .MMS IMMMM 'Mom looms ?-AK All MMOM EM wigftftift Role pqvq M4, I'M iii A�l 7M, Policy Framework • Clarington Official Plan • Bowmanville West Town Centre Secondary Plan • Zoning By-law •1auvA Public Notice and Agencv Comments DEVELOPMENT PROPOSAL Applicant Monday, 0ecember4, 2027 33937 Ontario;nc 7 p.m. Council Chambers (2° Floor) e Location - - 4a Temperance Street 05 Green Road West, Bowma ••..�.+��+ Bowmanville, ON L1C 3A6 oposal_ To amend the Zoning -- — -�-• t y -taw to permit two phases of - '"'^- — contact the Planner hase l: 487.5m' two-storey Tanja, sal ommercial building proposes -� Fia���ng servrces idevelopment. �r�� n the east side of the site. Department one of the commercial_ ` yp5-bz3-337a businesses will include a dental est. 2422 Phase Z: 433m -'Of commemiai-retail space, and 10 apartments at the 4 www.cb-zon.net corner of Green Road and Stevens Road- r� r►) iojI �fll ftaiF/ File: Znnrc =.. -- -.- _ -'117 -0p31 C Application By: Gerald Mahoney Applications by Gerald Mahoney to amend the Clarington Official Plan and Zoning By-law 84-63 to permit a non -abutting surplus farm dwelling severance at 4548 Lakeshore Road, Clarke Public Meeting: December 4, 2017 7 'CO U 0 17 t 35OT3 Retained Lands -7576 .-..457 48 O VIOT-la-RO Surplus Farm Dwelling 4548 Lakeshore Road 35OT41 0 1 f�T • r � L f � ~� '- ell Ale k ' Thor plea Holstein CU Farm Holdings - _ JJ f ' Subject Lands� `.w {�. _ • DEVELOPMENT P_ RO_POSAL ' `Applicant 1� ridgy, er , Gerald Mahoney 1p.m, t r Caunul Chambers (2,1 Poor) Site LocationTemperance street ' � � 4548 Lakeshore Road Bawmanvflle, ON LIC 3p5 Proposal: Applications to ctthe Pta amend the Clarington Official 9raadnnWeiler Planning Services Plan and Zoning 8y -law 84,f oepartmenr 63 to facilitate a non -;,f 905623-3379 'abutting surplus farm _ ext 2424 dwelling severance. so Flies Clanngtonofficiai Ian Amendment( 2011-0012&Zoning 0y-awAmendment �' wwwdaungtonnet 20170029 � t (.1ti1ring-1011 j Y � r � V- ' i g ,III I v 0 slk.`JRi!'Ia'Mt 4576 ----------------- 457 48 if Surplus Farm Dwelling 4548 Lakeshore Road B 2017-0029 COPA 2017-0012 350T3 0 35OT4 .40...1 Retained Lands 10 ftl I.CI) sn 4576 ----------------- 457 48 if Surplus Farm Dwelling 4548 Lakeshore Road B 2017-0029 COPA 2017-0012 Application By: 2510267 Ontario Ltd. 2510267 Ontario Ltd. has submitted applications for Plan of Subdivision and Rezoning to permit 5 single detached dwelling units and 20 townhouse condominium units Public Meeting: December 4, 2017 N 4 AL wo IMP z W s � - � Subject Lands ';i, .� Lu 1� i CID r 441 dW _ J wow L3ONGWOJ�TFr AVENUE Proposed Townhouses m Proposed Townhouses hdjf , Proposed Single x "' Detached (ZBA 2017_-0027 *• SC2017-0008 CC2017-0001 Tom -� LONGWOATH AVENUE r . � Block } 198 Block 797 00wr �4 0 z Lu 2.73 Liberty _ Lu Street North W iLk �.= Block 999 ' l r r w MCI 14 Lori orth Avenue Y LU m Lb 1 (4 Uh STRECT VM STRW TOM A CCNDO LANE Un LOT3 LOT4 F LOT2 LOT 5 Ur&) LOT I A - A jr1 EXISTING RESIDENTIAL COURVIER CRESCENT ATTEND THE _ PUBLIC MEETIN � 1 FIND 04f1 MORE Y i _ 1 P NOTICE ATTEND THE _ PUBLIC MEETIN � 1 FIND 04f1 MORE Y i _ 1 P • 1 r ' j - 1. . •. 1 � T \! !/` f a —.z \ �a1 * - i- e, +r. �' i' ' r - 1 - i-. ss 1, _. _ ogfi!b -S of ``\ . A \ r fid` ., , .'�Y r T• , .= >. \ „\` ` ~ N ■7 *C). do � _. r Z ... _ W -4 • ' art. W a rn -J-30 9 Subject Lands 1� ��I� 7 1 t � / LU 1. n C13 y J AVENUE ,dw L-]NGWQfZTPr Proposed Townhouses n Proposed Townhouses"' v �'r . ► Proposed Single Detached ZBA 2017-0027 n - 5C2017-0008 " CC2017-0007 4F . evelo TORNAT Construction Corporation romanov romanov ARCHITECTS INCORPORATED Topical Discussion 1.0 OVERVIEW: 1.1 Excerpts from the Official Plan Amendments - LOCAL CORRIDORS 2.0 DEVELOPMENT CONCEPT: 2.1 Development Plan 2.2 Site Plan 2.3 Development Overview 2.4 Streetscape Elevations from South 2.5 Streetscape Elevations from North 2.6 Project Views 2.7 Project Views 3.0 NEIGHBORHOOD RELATIONSHIP 3.1 Sight Lines/Height Lines 4.0 CONCLUSION 4.1 Questions 1.0 OVERVIEW: 1.1 Excerpts from the Official Plan Amendments LOCAL CORRIDORS 10.6.1 Corridors shall provide for intensification, mixed-use development and pedestrian and transit supportive development. Corridors are one component of Priority Intensification Areas. The Regional and Local Corridors are identified on Map B. 10.6.2 Corridors shall be comprehensively developed to provide for: a) residential and/or mixed use developments with a wide array of uses in order to achieve higher densities, and transit oriented development; b) other uses that are complementary to the intended function of the Corridor; and c) site design that is sensitive to the existing neighbourhoods. 10.6.3 Density and built form within Corridors shall: a) Incorporate and be sensitive to existing local character and scale to create a compatible and attractive built form with a distinctive community image; b) Incorporate measures to protect and enhance the natural heritage system and sensitively integrate them with new development, streetscaping, and architectural detail, and c) Create a public realm that will be developed to accommodate a range of higher density residential uses, complemented by compatible retail, service and institutional uses. 10.6.4 Corridors will be designed to accommodate public transit and a range of alternative transportation modes, accommodating the pedestrian as a first priority. 10.6.5 Corridors are approximately 100 metres deep as measured from the extent of the ultimate road allowance. 2.0 DEVELOPMENT CONCEPT: 2.1 Development Plan =.I i I I'M- *• � + t' -lF:..�::�;. ,�:., ,�: �.��. >,.�:.-_��::.; * . *;. ;�;..�; ,..�j:.. ;�, :moi: ,:�= a J Apartment Building ' Townhouses 0 _j Mixed -Use Building 2.0 DEVELOPMENT CONCEPT: 2.2 Site Plan Apartment Building ' Townhouses ' Mixed -Use Building .0 DEVELOPMENT CONCEPT: 2.3 Development Overview *7 Apartment Building Townhouses Mixed -Use Building .0 DEVELOPMENT CONCEPT: 2.4 King Avenue West (South) Streetscape/Elevations Building I Townhouses 1111IFTWixed-Use Building .0 DEVELOPMENT CONCEPT: 2.5 Given Road (North) Streetscape/Elevation Mixed -Use Building w I Townhouses I Apartment Building .0 DEVELOPMENT CONCEPT: 1 2.6 Project Views r, ■ ..� Thi: � �. View from corner of Ruddel and King Street View from corner of Ruddel and Given AN .0 DEVELOPMENT CONCEPT: 1 2.7 Project Views R _00"I rl.11 "Ift , WOW 7! - - - - - - - - - - - - - - FIN AD View from View from South -East 3.0 NEIGHBORHOOD RELATIONSHIP: 11, 3.1 Sight Lines/Height Lines View from 5t" Floor Condo Apart towards Flood ..- View from Flood towards 5th Floor Condo Apart Comparison of Floor Levels from Flood to Condo Apartment CONCLUSION Questions II II II II II II MASSEY DRIVE �1 1 J� II - � —I I C �I? 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