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HomeMy WebLinkAbout2018-01-08Final Planning and Development Committee Agenda Date: January 8, 2018 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@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 Planning and Development Committee Agenda Date: January 8, 2018 Time: 7:00 PM Place: Council Chambers Page 2 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 December 4 Minutes Minutes of a Regular Meeting of December 4, 2017 Page 6 6.2 December 4 Minutes Minutes of a Special Meeting of December 4, 2017 Page 22 7 Public Meetings 7.1 Public Meeting Proposed Community Improvement Plans Applicant: Municipality of Clarington Report: PSD-001-18 Location: Amendments to the Orono, Bowmanville, and Newcastle Community Improvement Plans Page 24 Planning and Development Committee Agenda Date: January 8, 2018 Time: 7:00 PM Place: Council Chambers Page 3 7.2 Public Meeting Application for a Proposed Zoning By-law Amendment Applicant: Lancaster Homes Inc. and Falconcrest Homes Ltd. Report: PSD-002-18 Location: 2101 Green Road, Bowmanville Page 26 7.3 Public Meeting Application for a Proposed Zoning By-law Amendment Applicant: Tomba Enterprises Ltd. Report: PSD-003-18 Location: 355 North Street, Newcastle Page 28 8 Delegations 8.1 Brenda Metcalf, Chair of the Agricultural Advisory Committee, Regarding the Agricultural Advisory Committee - 2017 Accomplishments 9 Communications - Receive for Information 9.1 St. Marys Minutes Minutes of the St. Marys Cement Community Relations Committee dated October 3, 2017 Page 30 10 Communications – Direction 10.1 Durham Regional Police Services Board Roger Anderson – Durham Regional Police Services Board – Regarding Next Generation Common Communication Platform (Motion to refer the correspondence from the Durham Regional Police Services Board Regarding Next Generation Common Communication Platform, to the Director of Planning Services) Page 38 Planning and Development Committee Agenda Date: January 8, 2018 Time: 7:00 PM Place: Council Chambers Page 4 10.2 Extension for Use of Temporary Living Quarters John A. Roznik – Request to Extend the Use of Temporary Living Quarters at 1093 Gifford Road, Clarke (Motion to approve the six month extension for the use of temporary living quarters at 1093 Gifford Road, subject to signing a further Letter of Undertaking) 10.3 Extension for Use of Temporary Living Quarters David and Michelle Roth – Request to Extend the Use of Temporary Living Quarters at 9209 Grasshopper Park Road (Motion to approve the six month extension for the use of temporary living quarters at 9209 Grasshopper Park Road, subject to signing a further Letter of Undertaking) 11 Presentations No Presentations 12 Planning Services Department Reports 12.1 PSD-001-18 Orono, Bowmanville and Newcastle Community Improvement Plans; Review and Amendments Page 39 12.2 PSD-002-18 An Application by Lancaster Homes Inc. Application for Rezoning to Extend the maximum three (3) year period for a Temporary New Homes Sales Facility Page 77 12.3 PSD-003-18 Development Applications by Tomba Enterprises Ltd. for 29 Townhouse dwellings accessed by a private lane in Newcastle Page 85 12.4 PSD-004-18 An Application by Strategic Property Management for Removal of (H) Holding Symbol, 415 Baseline Road West, Bowmanville Page 93 Planning and Development Committee Agenda Date: January 8, 2018 Time: 7:00 PM Place: Council Chambers Page 5 12.5 PSD-005-18 Applications for Draft Plan of Subdivision and Rezoning by Lindvest Properties (Clarington) Limited to develop a former school block as a 51 lot subdivision in Newcastle Page 98 12.6 PSD-006-18 2018 Seasonal Sidewalk Patios Program; Application, Guidelines and Approval Procedures Page 121 12.7 PSD-007-18 Environmental Stewardship, 2017 Annual Report Page 135 12.8 PSD-008-18 Bill 139 - Building Better Communities and Conserving Watersheds Act, 2017 Page 141 12.9 PSD-009-18 Community Improvement Annual Report for 2017 Page 146 12.10 PSD-010-18 Heritage Incentive Grant, 2017 Annual Report Page 152 13 New Business – Consideration 14 Unfinished Business No Reports 15 Confidential Reports No Reports 16 Adjournment Planning and Development Committee Minutes December 4, 2017 - 1 - If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a meeting of the Planning and Development Committee held on Monday, December 4, 2017 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill arrived at 7: 47 PM and left at 9:37 PM Councillor W. Woo Staff Present: A. Allison, D. Crome, R. Maciver, K. Richardson, C. Pellarin, C. Salazar, J. Gallagher, S. Gray 1 Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2 New Business – Introduction There were no new business items added to the Agenda. 3 Adopt the Agenda Resolution #PD-218-17 Moved by Councillor Hooper, seconded by Councillor Cooke That the Agenda for the Planning and Development Committee meeting of December 4, 2017 be adopted with the addition of the following delegations at the end of the delegation list: Stan Przysienzny Rodger Nicholson Sue Wingate Rob Tompkins and Dawn Wheeler; That the delegation of John Romanov be moved to later in the meeting; and That the delegation of Nick Fields is removed as he notified the Clerk’s Department that he had to cancel. Carried 6 Planning and Development Committee Minutes December 4, 2017 - 2 - 4 Declarations of Interest Councillor Neal declared an interest in Communication item 10.1 Regarding the Request from CCT Auto Trans Inc. for an Exemption from the Two Year Freeze on Making an Application to Amend the Clarington Official Plan. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #PD-219-17 Moved by Councillor Woo, seconded by Mayor Foster That the minutes of the regular meeting of the Planning and Development Committee, held on November 13, 2017, be approved. Carried 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: 2533937 Ontario Inc. Report: PSD-087-17 Tanjot Bal, Planner, made a verbal and electronic presentation to the Committee regarding the application. Beth Kelly, Halloway Developments and Valiant Rental Property, spoke in opposition to the application. Ms. Kelly stated that they are opposed to any mixed use in the vicinity, and specifically residential on the subject property, as it conflicts with the use of the commercial property to the south of the proposed property. No one spoke in support of the proposal. Michael Fry, Planner, spoke on behalf of the applicant. Mr. Fry stated that the application is two phases, and Phase One will be located on the east side of the property. He explained that because of the size and shape of the property they designed two buildings and will be opening the dental office first. Mr. Fry addressed concerns about Phase Two on the west side of the property and stated that there is a planned timeline to have occupancy by 2023, and therefore potential occupants would be fully aware of the development to the south of the property. He explained that any issues with noise would be addressed in the site plan application. 7 Planning and Development Committee Minutes December 4, 2017 - 3 - 7.2 Application for a Proposed Zoning By-law Amendment Applicant: Gerald Mahoney Report: PSD-088-17 There was no one present in the gallery to address this application, therefore the Planner did not make a presentation. No one spoke in opposition to, or in support of, the application. 7.3 Application for a Proposed Zoning By-law Amendment Applicant: 251027 Ontario Ltd. Report: PSD-089-17 Brandon Weiler, Planner, made a verbal and electronic presentation to the Committee regarding the application. Sheldon Pretty, local resident, spoke in opposition to the application. Mr. Pretty is concerned with the type of townhouses being built on the property. He also expressed concern with the sound and lighting of cars coming in the new street. Mr. Pretty stated that, when he bought his house seven years ago, the property was originally zoned for seven singles. Steve Wade, local resident, spoke in opposition to the application. Mr. Wade stated that the property drains onto his backyard and wants to ensure that, whatever is being built on the property, it does not drain onto his property. Michelyn Rushton, local resident, spoke in opposition to the application. Ms. Rushton stated that, when they developed her house, they didn’t angle it and the way it looks on the plan makes it seem like her house will be pushed back and the front of the proposed house will be in her front yard. She would like to see the new house pushed back. Ms. Rushton stated that she built the fence seven years ago and is worried about the ground level in her backyard as compared with the new development. She is concerned with having a parking lot beside her house, and only having a six foot fence and would like there to be a higher fence. No one spoke in support of the proposal. Michael Smith, Michael Smith Planning Consultants, spoke on behalf of the applicant. Mr. Smith stated that he would be get back to staff regarding the outstanding issues outlined in Report PSD-089-17, including the Servicing Report, and lot frontage of 11.3 metres for lots with a two car garage. He mentioned that the driveway off of Longworth is located there for a technical traffic reason but he will discuss the issue, which was raised by a previous speaker, with staff. Mr. Smith stated that the drainage on the property will be addressed through an engineered storm system. He mentioned that concerns regarding noise, fencing and landscaping will be addressed through the site 8 Planning and Development Committee Minutes December 4, 2017 - 4 - plan approval process. Mr. Smith stated that he does not believe much can be done to change the orientation of the lots but stated that he will look at the possibilities. 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 The delegation of 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 was moved to later in the meeting. 8.2 Richard Bouma, Regarding Report PSD-085-17, Delegation by Mr. Stan Przysienzny Richard Bouma, local resident, was present regarding Report PSD-085-17, Delegation by Mr. Stan Przysienzny. He advised Committee that, after recent development on Lambs Lane, he travelled Lambs Lane during different hours of the day and did not encounter any on-street parking problems. Mr. Bouma stated that widening the street might encourage on street parking. He expressed that south Lambs Lanes has a variety of lot sizes and frontages and the recent lot severances on the North end of the street are within the R1 Zoning requirements. Mr. Bouma stated that the creation of the lots are within the Provincial Policy Statement, Clarington Growth Plan and Regional Official Plan. He advised the Committee that the setback to the garage will be increased to 9.8 metres with a double wide driveway. Mr. stated that he supports both option 1 and 2 with Report PSD-085-17. 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 Pearl Rickard, local resident, was present regarding Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle. Ms. Rickard stated that she had attended the planning meetings for the Foster North subdivision dating back to 2002. She provided the Committee with a concept plan from the Foster North Subdivision and indicated that she was told this was the plan for the property. Ms. Rickard stated that she is disappointment and had no idea what the impact would be form the Official Plan and on the Village of Newcastle. She is concerned that there will be too much density in a small area. Ms. Rickard believes that the proposed development is not environment friendly, it will increase traffic in the area and there is no need for commercial space and there are too many vacant stores in Newcastle. She expressed that the design of the buildings do not blend with the architecture of Newcastle. Ms. Rickard advised Committee that she is opposed to the 9 Planning and Development Committee Minutes December 4, 2017 - 5 - road widening of Block A and Block 9 as it will delete a portion of greenspace and interfere with existing residences Councillor Traill arrived at the meeting at 7:47 PM. Alter the Agenda Resolution #PD-220-17 Moved by Mayor Foster, seconded by Councillor Cooke That the Agenda be altered to consider all Delegations Regarding, Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle, at this time. Carried 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 Gregory Smith, local resident, was present regarding Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle. Mr. Smith submitted a petition to the Committee with 368 signatures and 105 comments. He stated that five months have passed since the last meeting regarding this development and he reviewed the current zoning of the subject property. Mr. Smith explained that the plan the developer came back with after the June 5, 2017 meeting has been changed insignificantly, by removing the seventh storey loft and reducing a building by one storey. He stated that the subject property is zoned R1 medium density. Mr. Smith explained that, when he purchased his home, he expected the subject lands to be medium density. He explained that he is concerned with the area being classified as a local corridor and asked the Committee to reverse their motion classify the corner of King Street and Rudell Road, Newcastle a local corridor. Mr. Smith explained that he is concerned with a loss of privacy and noted that he will still have the residents on the fourth, fifth, and sixth floor balconies as well as the roof top terrace facing his backyard and master bedroom. He stated that the design and height of the buildings do not fit in with the neighbourhood design with the large amount of glazing. Mr. Smith advised the Committee that the development plans for more businesses, and he believes there is no need for additional commercial development in this area. He concluded by advising the Committee that the developer did not consider the suggestions made by the local residents. Mr. Smith answered questions from the Committee. 10 Planning and Development Committee Minutes December 4, 2017 - 6 - 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 Marg Maskell, local resident, was present regarding Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle. Ms. Maskell stated that she is not in favour of the application, nor has she ever been. She explained that the development does not fit in with the look of the Village of Newcastle. Ms. Maskell noted that she is concerned with the increased traffic. She mentioned that a previous developer, who wanted to put high density housing in the area, was told by the OMB that Highway 2 could not handle high density. 8.9 Rodger Nicholson, Regarding Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle Rodger Nicholson, local resident, was present regarding Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle. He explained that the building is not right for the community, and the small town feel of Newcastle. Mr. Nicholson explained that he purchased his home because it was zoned medium density residential and there would be single detached homes. Mr. Nicholson stated that the Newcastle Public School is currently overcrowded. He added that the YMCA daycare in the school currently has a two year waiting list. Mr. Nicholson explained that the subdivision will be packed with cars and on street parking. He explained that the parks are crowded and will be even more crowded with the new development. 8.10 Sue Wingate, Regarding Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle Sue Wingate, local resident, was present regarding Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle. She explained to the Committee that she was before them five months ago and she is presenting the same arguments, that the development does not fit the small town feel. Ms. Wingate explained that her family moved from Ajax to Newcastle eight years ago for the small town feel of the area. She stated that she was advised that this area would remain medium residential all the way up to Highway 2. Ms. Wingate concluded by reiterating that this development is not the small town feel of Newcastle. 11 Planning and Development Committee Minutes December 4, 2017 - 7 - 8.1 John Romanov, Romanov Romanov Architects Inc., Regarding Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle John Romanov, Romanov Romanov Architects Inc., was present Regarding Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle. Mr. Romanov made a verbal presentation accompanied by an electronic presentation. He provided an overview of the Clarington Official Plan regarding local corridors. Mr. Romanov reviewed the concept plan, development plan and site plan for the subject property and highlighted the changes. He provided an overview of the sightlines and height lines from the proposed buildings. Mr. Romanov answered questions from the Committee. 8.11 Stan Przysienzny, Regarding Report PSD-085-17 Delegation by Mr. Stan Przysienzny Stan Przysienzny, local resident, was present regarding PSD-085-17 Delegation by Mr. Stan Przysienzny. Mr. Przysienzny stated that Option One makes it safer for pedestrians but it does not address parking and he added that two cars cannot pass each other. He also stated that Option Two allows for more parking but safety concerns for pedestrians are not addressed and two cars still cannot pass each other. He expressed that he is not against the development but is looking for a safer environment. Mr. Przysienzny proposed a third option, that the Municipality of Clarington place two or three feet of asphalt on either side of Lambs Lane. He mentioned that this is has been done on other streets in Clarington and no utility boxes need to be moved. 8.12 Rob Tompkins and Dawn Wheeler, Regarding 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 Rob Tompkins and Dawn Wheeler, local residents, were present regarding 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. He stated that he is concerned about where his house would be on the lot, and was told that the house would be on the center of the lot. Mr. Tompkins does not want to see his house moved for the sake of two additional properties. Recess Resolution #PD-221-17 Moved by Councillor Partner, seconded by Councillor Woo That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:06 PM with Councillor Neal in the Chair. 12 Planning and Development Committee Minutes December 4, 2017 - 8 - Councillor Neal declared an interest in Communication item 10.1 CSD-004-17 Regarding the Request from CCT Auto Trans Inc. for an Exemption from the Two Year Freeze on Making an Application to Amend the Clarington Official Plan as it relates to his law practice. Councillor Neal left the room and refrained from discussion and voting on this matter. Mayor Foster chaired this portion of the meeting. 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 Rodger Miller, Miller Planning Services, Consultant on behalf of CCT Auto Trans Inc., was present regarding Correspondence Item 10.1, a Request by CCT Auto Trans Inc. to make an Application to Amend the Clarington Official Plan seeking approval to submit an application. Mr. Miller stated that his client is the owner of the property, and would like to submit an application in order expand his business. 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 Chad Doiron, CEO, CCT Auto Trans Inc., was present regarding Correspondence Item 10.1, a Request by CCT Auto Trans Inc. to make an Application to Amend the Clarington Official Plan. Mr. Doiron stated that this is a family owned business in Clarington and wishes to continue to grow in the community. 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 The delegation of Gregory Smith was considered earlier in the meeting. 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 Nick Field, advised the Municipal Clerk’s Department, prior to the meeting, that he would be unable to attend as a delegation. 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 The delegation of Marg Maskell was considered earlier in the meeting. 13 Planning and Development Committee Minutes December 4, 2017 - 9 - 8.9 Rodger Nicholson, Regarding Report PSD-090-17, , Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle The delegation of Rodger Nicholson was considered earlier in the meeting. 8.10 Sue Wingate, Regarding Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle The delegation of Sue Wingate was considered earlier in the meeting. 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications – Direction 10.1 Request from CCT Auto Trans Inc. for an Exemption from the Two Year Freeze on Making an Application to Amend the Clarington Official Plan Resolution #PD-222-17 Moved by Councillor Cooke, seconded by Councillor Partner That 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; and That 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. Carried Councillor Neal returned to the meeting. 11 Presentation(s) No Presentations 14 Planning and Development Committee Minutes December 4, 2017 - 10 - 12 Planning Services Department Reports 12.1 PSD-087-16 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 Resolution #PD-223-17 Moved by Councillor Woo, seconded by Councillor Cooke That Report PSD-087-17 be received; 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 That all interested parties listed in Report PSD-087-17 and any delegations be advised of Council’s decision. Carried 12.2 PSD-088-17 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 Resolution #PD-224-17 Moved by Councillor Partner, seconded by Mayor Foster That Report PSD-088-17 be received; That Amendment No. 114 to the Clarington Official Plan, as contained in Attachment 1 of Report PDS-088-17, be adopted; 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 as Attachment 2, be passed; and That all interested parties listed in Report PSD-088-17 and any delegations be advised of Council's decision. Carried 15 Planning and Development Committee Minutes December 4, 2017 - 11 - 12.3 PSD-089-17 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 Resolution #PD-225-17 Moved by Councillor Hooper, seconded by Councillor Traill That Report PSD-089-17 be received; 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 That all interested parties listed in Report PSD-089-17 and any delegations be advised of Council's decision. Carried 12.4 PSD-090-17 Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle Resolution #PD-226-17 Moved by Councillor Partner, seconded by Councillor Woo That the applications by Tornat Newcastle Limited for a mixed use development at King Avenue West and Rudell Road, Newcastle, as outlined in Report PSD-090-17, be denied; and That the developer back to the original concept of townhouse. Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Mayor Foster X Carried 16 Planning and Development Committee Minutes December 4, 2017 - 12 - 12.5 PSD-091-17 Metrolinx Draft 2041 Regional Transportation Plan for the Greater Toronto and Hamilton Area Resolution #PD-227-17 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD-091-17 be received; That Council endorse Report PSD-091-17 as the Municipality's comments on the Metrolinx Draft 2041 Regional Transportation Plan; and 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. Carried as Amended (See following motion) Resolution #PD-228-17 Moved by Mayor Foster, seconded by Councillor Woo That the foregoing Resolution #PD-227-17 be amended by deleting the following from the first bullet in Section 4.1: “with electrified service” Carried Councillor Traill left the meeting at 9:37 PM. The foregoing Resolution #PD-227-17 was then put to a vote and carried as amended. 12.6 PSD-092-17 AirBnB and Short Term Rentals Resolution #PD-229-17 Moved by Councillor Partner, seconded by Councillor Woo That Report PSD-092-17 be received for information. Carried 17 Planning and Development Committee Minutes December 4, 2017 - 13 - 12.7 PSD-093-17 South Service Road Street Renaming Resolution #PD-230-17 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD-093-17 be received; That the By-law, shown in Attachment 1, to Report PSD-093-17, be passed to: Rename the portion of portion South Service Road between Highway 401 and Port Darlington Road to Lambs Road; and Rename a segment of South Service Road near Bennett Road as Lake Road. 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; That the relocated portion of South Service Road south of Port Darlington Road not be changed and that all existing addresses be retained; That staff take all appropriate steps to implement the street renaming as outlined in Report PSD-093-17; and That all adjoining landowners be advised of Council’s decision. Carried 13 New Business – Consideration There were no New Business Item to be considered under this Section of the Agenda. 14 Unfinished Business 14.1 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-231-17 Moved by Mayor Foster, seconded by Councillor Woo That Addendum Report PSD-081-17 be received; 18 Planning and Development Committee Minutes December 4, 2017 - 14 - That the By-law, shown in Attachment 1 to Report PSD-081-17, 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; 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; That the costs associated with the goodwill payment and sign replacement be recovered from the developer of the Lakebreeze development through the subdivision agreement; That a copy of this report and Council’s decision be forwarded to the Durham Regional Police Service and the Durham Regional Planning and Economic Development Department; and That all interested parties listed in Report PSD-081-17 and any delegations be advised of Council’s decision. Carried Resolution #PD-232-17 Moved by Councillor Woo, seconded by Mayor Foster That the foregoing Resolution #PD-231-17 be amended by adding the following words to the end of the second paragraph: “with the exception of 95 East Beach Road, which will remain.” Ruled Contrary to the motion by the Chair The foregoing Resolution #PD-231-17 was then put to a vote and carried. 14.2 PSD-085-17 Delegation by Mr. Stan Przysienzny Resolution #PD-233-17 Moved by Councillor Hooper, seconded by Councillor Partner That Addendum Report PSD-085-17, the Memo from the Director of Planning dated November 17, 2017 and Report PSD-085-17, be received; 19 Planning and Development Committee Minutes December 4, 2017 - 15 - 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; That consideration be given, by Staff, to the possibility of a 3 foot surface treatment on each side of Lambs Lane and that Staff report back; and That Mr. Stan Przysienzny, Holland Homes and Mr. Richard Bouma and any other interested parties and delegations be advised of Council’s decision. Carried 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 Lifted from the Table Resolution #PD-234-17 Moved by Councillor Partner, seconded by Councillor Woo That the matter of 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 lifted from the table. Carried Resolution #PD-235-17 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD-082-17 be received; 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; 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; 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; 20 Planning and Development Committee Minutes December 4, 2017 - 16 - 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 That all interested parties listed in Report PSD-082-17 and any delegations be advised of Council’s decision. Carried 15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda. 16 Adjournment Resolution #PD-236-17 Moved by Councillor Partner, seconded by Councillor Cooke That the meeting adjourn at 10:13 PM. Carried ________________________ ________________________ Chair Deputy Clerk 21 Special Planning and Development Committee Minutes December 4, 2017 - 1 - If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a special meeting of the Planning and Development Committee held on Monday, December 4, 2017 at 4:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: A. Allison, D. Crome, R. Maciver, C. Salazar, T. Canella, J. Gallagher, S. Gray 1 Call to Order Councillor Neal called the meeting to order at 4:00 PM. 2 Adopt the Agenda Resolution #PD-215-17 Moved by Councillor Hooper, seconded by Mayor Foster That the Agenda for the Special Planning and Development Committee meeting of December 4, 2017 be adopted as presented. Carried 3 Declarations of Interest There were no disclosures of interest stated at this meeting. 4 Public Meetings 4.1 Wilmot Creek Secondary Plan Request Applicant: Rice Development Group Report: PSD-086-17 Lisa Backus, Planner, made a verbal and electronic presentation to the Committee regarding the application. Lynn Stillwell, President of the Wilmot Creek Association spoke to the application. She provided comments on behalf of the Association. Ms. Stillwell thanked the Committee for proposing to grant the Association a seat on the Steering Committee. She mentioned that they wish to be actively involved in this collaborative exercise, since they will be directly affected by the outcome of the Secondary Plan Process. Ms. Sillwell stated that, upon review of the proposed Terms of Reference, they find the process to be very 22 Special Planning and Development Committee Minutes December 4, 2017 - 2 - inclusive and thorough, with ample opportunity for public input. She explained that the homeowners are concerned with safe passage over the bridge, and that the structural integrity of the bridge is not the concern, but rather the variety of vehicular and non- vehicular traffic, including pedestrians, moving safely over the bridge as they travel from one part of the community to another. Ms. Stillwell also expressed concern regarding their investments and the quality of life which the current homeowners enjoy. Bill Temple, local resident, spoke to the application. Mr. Temple stated that this is a unique community which includes long-time residents as well as vulnerable residents, and that the Committee should keep this in mind when the changes are being approved. 5 Planning Services Department Reports 5.1 PSD-086-17 Wilmot Creek Secondary Plan Study – Terms of Reference Resolution #PD-216-17 Moved by Councillor Woo, seconded by Councillor Traill That Report PSD-086-17 be received; That Planning Services staff be authorized to commence the preparation of the Wilmot Creek Secondary Plan; That staff be authorized to finalize the Draft Terms of Reference and issue a Request for Proposal to retain the necessary consultants for the preparation of the Secondary Plan; That the Director of Planning be authorized to execute the necessary cost-recovery agreements with Landowners Group for the preparation of the Secondary Plan; and That all interested parties and the Region of Durham Planning Department be notified of Council’s Decision. Carried 6 Adjournment Resolution #PD-217-17 Moved by Councillor Partner, seconded by Councillor Traill That the meeting adjourn at 4:20 PM. Carried ________________________ ________________________ Chair Deputy Clerk 23 Notice of Public Meeting Proposal Amendments to the Orono, Bowmanville, and Newcastle Community Improvement Plans The community improvement plans and grant programs allow for improvements and upgrades to properties and businesses in Clarington’s historic downtowns. The purpose is to make our community a more attractive and functional place to live. The Municipality offers grants to residents and business owners as an incentive to make enhancements to buildings. The grants can cover things like new signage, heritage façade upgrades and building code upgrades. Over the past year Planning Services Department has consulted with business owners and operators as to how the Community Improvement Plans could be improved and revised. Proposed revisions to the Community Improvement Plans are being considered by the Planning and Development Committee. Community Improvement Plan Areas 24 How to be Informed The proposed revisions include amending the Community Improvement Plan (CIP) boundary in Newcastle and Bowmanville as noted above. Adding Accessibility grants to the CIP grant programs, increasing some of the grant values in Newcastle and Orono, and providing for the renewal of grants after 10 years. The proposed revisions will be posted to the Municipal website at Community Improvement Grants and available for review from the beginning of December. Should you have any questions with respect to the proposed Amendments and/or scheduled Public Meeting, please contact Faye Langmaid, Municipality of Clarington Planning Services at (905) 623- 3379, extension 2407 or at flangmaid@clarington.net. How to Provide Comments The public is invited to attend a Public Meeting where they can comment on the proposed amendments. The Public Meeting will be held: Date: Monday, January 8, 2018 Time: 7:00 PM Place: 40 Temperance Street, Bowmanville, ON L1C 3A6 Municipal Administrative Centre Council Chambers Or write to the Planning Services Department to the attention of Faye Langmaid. File Numbers: PLN 37.1.1; 37.2.1; 37.3.1 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. David J. Crome, MCIP, RPP Director of Planning Services I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 37 Community Improvement Plan\PLN 37.0 CIP General\10 year review\Public Notication\Notice_Public Mtg Jan 8 2018.docx 25 Revised 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 Proposal Lancaster Homes Inc. and Falconcrest Homes Ltd. propose to extend the use of an existing temporary home sales pavilion related to an approved subdivision in the Brookhill Neighbourhood for an additional three years. No changes would occur on site if the application is approved. The application has been deemed complete. Property 2101 Green Road, Bowmanville The temporary home sales pavilion is at the southeast corner of Green Road and Brookhill Boulevard, northwest of Clarington Central Secondary School. How to be Informed The proposed amendment, additional information and background studies are available for review at the Planning Services Department. Questions? Please Bob Russell at 905-623-3379, extension 2421, or by email at brussell@clarington.net How to Provide Comments Please note the Public Meeting has been Re-scheduled from the Date in the Previous Notice. Speak at the Public Meeting: Revised Date: Monday, January 8, 2018 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planning Services Department to the attention of Bob Russell File Number: ZBA 2017-0026 26 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\ZBA2017-0026 2101 Green Road\Public Notice\PM Notice 10-19- 17.docx 27 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 applications to amend the Zoning By-law, and for a proposed Plan of Subdivision. Proposal Tomba Enterprises Ltd. has submitted applications for a Proposed Plan of Subdivision and a Rezoning to develop 29 townhouse units accessed by a private street that will be part of a common elements plan of condominium to be applied for later. The Plan of Subdivision and Zoning By-law Amendment Applications have been deemed Complete. Property 355 North Street, Newcastle Southeast Corner of the North Street underpass at the CPR Railroad and backing to the rear lot lines of Monroe Street West and Mill Street North housing. How to be Informed The proposed 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 Bob Russell at 905-623-3379, extension 2421, or by email at brussell@clarington.net How to Provide Comments Speak at the Public Meeting: Date: Monday, January 8, 2018 Time: 7:00 PM Place: 40 Temperance Street, Bowmanville, ON L1C 3A6 Municipal Administrative Centre Council Chambers Or write to the Planning Services Department to the attention of Bob Russell File Numbers: S-C-2017-0011 and ZBA2017-0033 28 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\SC-Subdivision\S-C-2017\S-C-2017-0011 355 North Street (Tomba)\Public Notice\PM_Notice_January 8'2017.docx 29 1 St Marys Cement Community Relations Committee Meeting Minutes Tuesday October 3rd, 2017 6:00 p.m. – St Marys Cement, Bowmanville Plant Attendees: Amy Burke, Senior Planner, Municipality of Clarington Cherisse Diaram, Quarry EIT, St Marys Cement Chris Richards, Environmental Manager, St Marys Cement David Veenstra, Port Darlington Community Association Ernie Hamilton, Quarry Manager, St Marys Cement Jim Grimley, Wilmot Creek Homeowners Association Jim Storey, Operations Manager, St Marys Cement Nancy Edwards, Port Darlington Community Association Rick Rossi, Former Port Darlington Community Association Ruben Plaza, Environmental Manager, St Marys Cement Tanya Pardy, Human Resources Manager, St Marys Cement Willie Woo, Municipality of Clarington Council Guests: Saad Sarfraz, Summer Student, St Marys Cement Regrets: Jeff Mitchell, Port Darlington Community Association 1. Changes to Agenda  Adopt March 2017 and June 2017 minutes  Remove vote for co-chair item  Request from Port Darlington Community Association Board to review PDCA member structure received. Matter deferred to discussion of CRC Terms of Reference later in the meeting (item 8). 2. Agenda adopted  moved by Amy Burke  seconded by Willie Woo 3. Minutes from last meeting approved  Amy reviewed and sent changes to minutes  comments invited from other members 4. Review of Community Concerns  In the 3rd quarter of 2017 (to October 4th) we have received 8 community complaints:  1 – Noise and Dust 30  2 – Noise  5 – Noise and Vibration  August 21st: noise and dust complaint  Two calls from resident on August 21st  First to report boat unloading on the weekend  Second to report noise  September 18th: voicemail - caller said concern about blast being noisy  September 18th: voicemail - caller said felt the blast was louder than normal  September 18th: voicemail - called because there was a lot of activity on the community webpages regarding the blast  September 19th: voicemail - caller said that the blast onSeptember 15th was really loud. Her house shook and it wasn't very nice.  September 19th: caller said blast was unbelievably strong, stated that it shook her house and pictures.  September 19th: caller new to neighbourhood and stated that the blast on 15-Sep was really bad like an earthquake.  September 26th: caller phoned about September 15th blast, said blasting at SMC is getting worse, it made her house and pictures shake.  Complaint communicated through municipality on July 27th was included in 2nd quarter count  Blast on September 15th was Friday and at the south end of quarry  Complaints sometimes stem from deviating from Tuesday/Thursday blast schedule due to unfavourable weather conditions on Tuesday or Thursday  Reading for blast was below limits but possible that blast felt different, being closer to community than recent previous blasts  At south end of quarry, measures implemented to reduce impact of blast by reducing number of holes and size of holes used  This is expected to reduce the vibrations resulting from the blast but will increase the number required  Blasting vibration limit is 12.5 mm/s and 128 dB for sound 1. Blast on 15th was around 5-6mm/s 2. Concern due to working from home often a. Regulatory limits below vibration levels which will cause damage to structures b. People are able to perceive very low levels of vibration c. Higher vibration readings at the monitors do not correspond to days when complaints are received 3. Suggestion to send table about different common vibrations encountered to CRC  PDCA members to discuss with community other ideas for communicating necessary blast schedule changes to adjacent neighbourhood. 31 3  Blasting will continue on south side of quarry but less so than other areas 1. Recommendation to include one slide on quarry limits and final pit plan for next meeting 5. Environmental Results  The PM10 monitoring station and dust fall sampler locations were reviewed and are as follows: Sample Station Location Monitor SMC1 OPG PM 10 BAM ,Dust fall Jar A Hutton Transport PM 10 Hi Vol, Dust Fall B Cedar Crest PM 10 Hi Vol Dust Fall C Cedar Crest (MOECC location) Dust Fall Jar SMC2 Cove Road PM 10 BAM , Dust Fall Jar  Dust fall jars take a sample during 30 days, PM 10 BAM monitors take an hour sample and PM 10 hi-vol monitors take a sample for 24H periods every 6 days  Exceedances recorded were not caused by St Marys Cement’s operation they were caused by construction near monitor location 32 Date Test Site Cause June BAM OPG Road work on Energy Drive Jul-17 PM10 Continuous OPG Road work on Energy Drive July BAM OPG Road work on Energy Drive August BAM OPG Road work on Energy Drive 33 5  SO2 and NOx Emissions  SO2 emissions for 2017 to September 30th are 2,624 tonnes; the total allowance for 2017 is 3684 tonnes.  NOx emissions for 2017 to September 30th are 2,249 tonnes; the total allowance for 2017 is 3,349 tonnes. 34  Emissions related to input chemical content (higher sulphur content in limestone feed results in higher sulphur emissions) 1. Ammonia injection is used to control NOx 2. Hydrated lime and lime hydrator control SO2 6. Quarry Operation  Producing 1,4 and 5 , to switch to 2,3,5 around the end of October  No ground or air vibration exceedances in 2017 to September 30th. o High vibration value in March did not result in complaints o Reduced hole size/number of holes  Overburden stripping and stockpiling and screening ongoing o Berm construction to continue along east side of property o Clay being hauled as part of Port Hope Area Initiative, stockpiles at gate across from plant road entrance to Waverly Road 35 7 7. Community Outreach  Hosted local farmers group for a tour  Participated in 5th Annual Touch a Truck event  Courtice Concerts in the Park  Mayor’s Golf Classic  Durham Children’s Watershed Festival  Shakespeare in the Park  Golf Tournament to support Hearth Place 8. Terms of Reference  Following annual CRC update presentation to Council, Council resolution passed requesting that the CRC review and update the Committee Terms of Reference. The current, original Terms of Reference are from 1998.  Updates proposed by Municipality and SMC distributed by email earlier in the day, hard copies with tracked changes distributed during meeting  Change recommendations requested and will discuss at next meeting 9. Overflow channel  Runs adjacent to property along former Waverly Road, part of which is within West Side Marsh and part of which is within St Marys Cement property  Channel has built up again 36  Clearing of this channel was performed several times during Spring/Summer with permission from CLOCA  Build-up of sand bar is natural process due to currents and occurs within hours of opening it  On some of those occasions, water flowed from the lake into the channel, rather than from the marsh through the channel  Work at this channel cannot be carried out unless permitted by CLOCA  Meeting scheduled on October 26th between Clarington, CLOCA and St Marys  Ruben will take request for updates to community to meeting and Amy will inform the municipality representatives of the same 10. Projects Update  Low Carbon Alternative fuels – chipped demolition waste wood use to start in November (at 8% replacement)  Low Carbon Alternative fuels – plastics trial to be done later 11. CBM Underground Aggregate Mine Update  no new updates  Will request that the schedule be updated to reflect current situation/delays and upcoming meetings and be posted on the project website 12. 2017 CRC Meetings  Will schedule blast visit/tour for CRC members, tentatively next Thursday  Next meeting Tuesday December 5th, 2017 37 38 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: January 8, 2018 Report Number: PSD-001-18 Resolution: File Number: PLN 37.1, 37.2, 37.3 By-law Number: Report Subject: Orono, Bowmanville and Newcastle Community Improvement Plans; Review and Amendments Recommendations: Providing that there are no substantive concerns raised at the Public Meeting: 1.That Report PSD-001-18 be received; 2.That the Orono Community Improvement Plan Amendment 2 contained in Attachment 1 be approved; 3.That the Bowmanville Community Improvement Plan Amendment 2 contained in Attachment 2 be approved; 4.That the Newcastle Community Improvement Plan Amendment 1 contained in Attachment 3 be approved; 5.That Planning Services staff finalize the Amendments and the by-laws be included on a future Council agenda; and 6.That all interested parties listed in Report PSD-001-18 and any delegations be advised of Council’s decision. 39 Municipality of Clarington Report PSD-001-18 Page 2 Report Overview Council requested review of the Community Improvement Plans with an overall goal of examining the success of the Plans to date, if they had fulfilled their mandate and whether additional grants should be added to the existing grant programs. The review is now complete and amendments are being recommended. 1. Background The community improvement plans (CIP) for the downtowns of Orono (2005), Bowmanville (2005) and Newcastle (2008) have not been reviewed since their inception. Both the Orono and Bowmanville CIP’s were amended in 2008 to add grant programs. Council in late 2015, requested that staff undertake review of the CIPs to determine their effectiveness and whether additional grant programs should be added. In addition to the grant program there are other works that the CIP has been a catalyst for. In each of the downtowns the CIP has assisted with redevelopment of the streetscape, anniversary celebrations and new developments that are occurring within the downtown. Each of the CIPs has a community liaison group that meets quarterly to monitor plan implementation and provide feedback to Planning Services regarding the CIP and grant program. The grant program is administered by Planning Services staff with annual reports provided to Council, the 2017 annual report is PSD-009-18, on the same agenda. 2. Public Consultation The proposed Amendments (Attachments 1, 2 and 3) have been reviewed with the respective community liaison committee at their most recent meeting. In accordance with the Planning Act, R.S.O. 1990, appropriate notice of the Public Meeting was given through advertisement in the Orono Weekly Times, Clarington This Week, via the electronic newsletter of Planning Services, on the municipal website and via social media. A copy of the revised Community Improvement Plans and proposed Amendments were circulated to the commenting agencies and Ministry of Municipal Affairs and Housing in late October. 3. Proposed Amendment Highlights Orono Community Improvement Plan The existing Orono Community Improvement Plan was adopted by By-law 2005-038 and amended (By-law 2008-112). The Plan includes four grant programs and a number of other actions. The Plan listed priorities based on community input, identified improvements and historical context land use, architectural character and environmental 40 Municipality of Clarington Report PSD-001-18 Page 3 amenities. Economic factors, building conditions, land use restrictions and the significance of enhancing civic pride have remained static since the adoption of the CIP. The CIP recommendations and incentives provided by the grant program remain valid. Orono CIP Report Amendments are set out in Attachment 1 to this report. Within the CIP report there are some actions and issues which have been addressed since the document was written in 2005. The sections recommended for updating are: 4.3 Streetscape Improvements; 4.4 Parking; 4.5 Housing Growth; 4.8 Commercial Opportunities; 4.10 Economic Development Strategy; and Section 5 and Appendix 4 -Amendments to the Orono Grant Program. For the Grant Program, an additional grant for accessibility is recommended. The values for the façade improvement and building code grants are recommended to raise from $5,000 to $10,000. The signage, façade improvement and upgrade to building code grants are all recommended to be renewed after a 10 year period. 3.2 Bowmanville Community Improvement Plan The existing Bowmanville Community Improvement Plan was adopted by By-law 2005- 123 and amended (By-law 2008-185). The Plan includes five grant programs and other actions. The Plan listed priorities based on community input, identified improvements, provides historical context, land use, architectural character and environmental amenities. Economic factors, building conditions, land use restrictions and the significance of enhancing civic pride have remained stable since the adoption of the CIP. The CIP recommendations and incentives provided by the grant program remain valid. Bowmanville CIP Report Amendments are set out in Attachment 2 to this report. Within the CIP report there are some actions and issues which have been addressed since the document was written in 2005. Some sections require updating such as: 2.3 Previous Studies; 3.1 Bowmanville Community Improvement Project Area Boundary; 4.7.3 Signage; 4.8 Sunset Clause; 5.1.3 Design Guidelines; 5.4.7 King Street Bridge Refurbishment; 5.7 Project Area (the boundary of the CIP be revised to delete the Wellington Street frontages); and Section 5.2 and Appendix 5 - Amendments to the Bowmanville Grant Program. 41 Municipality of Clarington Report PSD-001-18 Page 4 For the Grant Program additional grants for accessibility and signage are recommended. The building permit fee, heritage building façade improvement, upgrade to building code and newly recommended signage grants are all recommended to be renewed after a 10 year period. 3.3 Newcastle Village Community Improvement Plan The existing Community Improvement Plan was adopted by By-law 2008-086 and includes five grant programs and other actions. The Plan listed priorities based on community input, identified improvements and historical context information, it also outlines land use, architectural character and environmental amenities. Economic factors, building conditions, land use restrictions and the significance of enhancing civic pride have remained stable since the adoption of the CIP. The CIP recommendations and incentives provided by the grant program remain valid today. Newcastle Village CIP Report Amendments are set out in Attachment 3 to this report. Within the CIP report there are some actions and issues which have been addressed since the document was written in 2008. The sections recommended for updating are: 3.1 Community Improvement Plan Area Boundary; 4.1 Recent Improvements; 4.5 Focal Point and Civic Presence; 4.6.3 Off Street Parking; 5.1.3 Design Guidelines; 5.1.4 Facilitation; 5.8 Sunset Clause; and Section 5.2 and Appendix 4 - Amendments to the Newcastle Grant Program. For the Grant Program an additional grant for accessibility is recommended. The façade improvement, upgrade to building code, and signage are all recommended to be renewed after a 10 year period. Appendix 5, the boundary of the Community Improvement Project Area, revisions are recommended to delete 435 to 483 King Avenue East (inclusive) and 210 King Avenue West and add the areas that have been included in the Secondary Plan since 2008. 4. Comments The review of the CIPs began in early 2017 after the completion of the Business Retention and Expansion study by CBOT and the Courtice Main Street CIP. The background work for the Courtice Main Street CIP included an industry scan of best practices which informed the review. The Courtice Main Street CIP is very different in character and funding than the grant based historic downtown CIPs. The review included examination of the CIP boundaries and whether tax increment grants (based on assessment increase) would be beneficial to the historic downtowns. The Business Retention and Expansion study showed better communication of the CIP incentives was necessary within the CIP applicable areas. 42 Municipality of Clarington Report PSD-001-18 Page 5 In May 2017 the three community liaison committees met jointly to discuss commonalities and identify issues to be addressed by the review. The issues identified were: A ccessibility (the need for a separate targeted grant); G rants to target merchants rather than building owners; U pper storey residential rehabilitation and vacant storefronts reuse; Review of the boundaries; Examination of grant values; Make grants available after a 10 year timeframe; Communications and Engagement; Community Liaison Groups terms of reference; and Develop guidelines for outdoor patios for Bowmanville and Newcastle (Council request), Report PSD-007-18. As part of the review a survey of past recipients of grant funding was carried out. The overall response rate was 56% which is considered to be high. The results of the study provided insight into how to best communicate with potential grant applicants, and verified that the program as designed is simple, straight–forward and achieving its objectives. Results of the survey are Attachment 4. During the fall of 2017, staff met with the three community liaison groups to review the proposed amendments to the CIPs. The results of the survey, the research on “Win this Space”, an article on Keeping it Retail and statistics for each CIP area were reviewed. Planning Staff consulted with the Accessibility Co-ordinator and Accessibility Advisory Committee on the criteria for the accessibility grant. Staff have discussed the proposed changes with staff of Ministry of Municipal Affairs and Housing and Ministry of Finance. Ministry of Finance staff congratulated Clarington on the Accessibility Grant initiative as it is the first they have seen in Ontario. Durham Region Planning Staff have been circulated but no comments received to date. In addition to the proposed amendments to each CIP, staff are recommending that the Community Liaison Group terms of reference be modified to limit members to three consecutive three year terms. This will help provide renewal to the liaison groups over time. There is a need for additional communications of the Community Improvement Plans, however, it is the one-on-one and word of mouth communication that is most effective. As such staff will visit businesses on a more regular basis and ensure that front counter staff of both the Planning Services and Building Division are aware of the grant programs. Refreshers for CBOT staff, BIAs and other merchants groups will be offered. The grant brochures will be revised to reflect the changes made to the programs. Also with the evolving nature of social media, the Communications Division will assist with targeted marketing of the CIP programs via Facebook to the CIP area businesses. 43 Municipality of Clarington Report PSD-001-18 Page 6 5. Concurrence This report has been reviewed by Director of Finance and Municipal Solicitor who concur with the recommendations. 6. Conclusion It is respectfully recommended that public comments received at the Public Meeting be considered. Once staff have considered whether further amendments are necessary the by-laws (Attachments 5, 6, 7) can be finalized and included on a future Council agenda. 7. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: David J. Crome Andrew C. Allison B.Comm, LL.B Director of Planning Services CAO Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid@clarington.net Attachment 1 – Amendment 2 to Orono Community Improvement Plan Attachment 2 – Amendment 2 to Bowmanville Community Improvement Plan Attachment 3 – Amendment 1 to Newcastle Village Community Improvement Plan Attachment 4 – CIP Grant Survey – Results Attachment 5 – Draft By-law adopting Amendment 2 to Orono Community Improvement Plan Attachment 6 - Draft By-law adopting Amendment 2 to Bowmanville Community Improvement Plan Attachment 7- Draft By-law adopting Amendment 1 to Newcastle Village Community Improvement Plan List of interested parties: Bowmanville CIP liaison group Orono CIP liaison group Newcastle Village liaison group Durham Region, Planning and Economic Development Ministry of Municipal Affairs and Housing DJC/FL/jp/ah I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 37 Community Improvement Plan\PLN 37.0 CIP General\Staff Reports\Renewal\PSD-001-18 Amendments To CIPS.Docx 44 Attachment 1 to Report PSD-001-18 Amendment Number: 2 to the Orono Community Improvement Plan Purpose: The purpose of this amendment is to update the Community Improvement Plan (CIP) and revise the grant program. Location: Orono Community Improvement Plan covers the downtown of Orono. The boundary for the CIP was amended in June 2008. Basis: The Amendment is based upon a thorough review of progress made, the success of the grant program, plus the desire of the merchants and property owners to make additional improvements to their buildings which also meet the criteria of being a public benefit. The recommendations emerged from a consultation process with the Orono CIP liaison group, the survey of past grant recipients and ongoing review of best practices. Actual Amendment: This Amendment sets out a series of changes to Section 4 and 5 and Appendix 4 of the Community Improvement Plan. New text is shown underlined and deleted text is shown with a strikethrough. Section 4 4.3 Streetscape Improvements In 2006 new railings were installed on the east side of Main Street, poles for banners and hanging baskets were installed in 2007. When Centreview sidewalk was reconstructed poles were included as part of the streetscape improvements. 4.4 Parking While the Region would allow the orientation of parking along Main Street to be angled, the main advantage of introducing angle parking is having additional areas at the corners to create landscape features and slowing down traffic. The CFG did not view this as an advantage given the other difficulties when backing out of angle parking. 45 As part of this CIP it is recommended that the Municipality amend the land acquisition strategy and seek out a site for municipal parking in the vicinity of Main Street. Parking was further studied in 2006, when the former Mercer’s Garage property was offered to the Municipality. At the time Council chose not to fund the acquisition and parking lot development. When the Land Acquisition Strategy was updated in 2007 no property was identified for parking in Orono. Again in 2009/10 the need for parking was reviewed when the property next to the CIBC came available for purchase. At Council’s request in May of 2015, Engineering Services staff completed an update to the downtown Orono parking needs, inventory and provided recommendations. The recommendation as per Report EGD-002-16 were: “That agreements between business owners be formalized to provide off-street private shared parking for employees as well as patrons and customers where possible and the Municipality continue to provide parking enforcement to assist with long term parking violators.” 4.5 Housing Growth …area has left Orono with limited option for housing growth in the near future. The Municipality has requested the Ministry to correct their documents and show Orono as a Village/Urban area. As part of the Clarington Official Plan review which was approved by Council in November 2016, a request to expand the urban boundary was included. In June 2017, the Region of Durham refused the Orono Urban Area boundary expansion. Orono is considered an Urban Area under the Provincial Growth Plan and as a result, Urban Boundary expansions must first occur through a Regional Official Plan Amendment process. While the Region has refused the expansion, it has recognized that an expansion should be explored through the next comprehensive review of the Durham Region Official Plan. Additional policies were added to the local Official Plan in support of Orono’s request. Orono is recognized as Special Study Area No. 5. 4.8 Commercial Opportunities There are some opportunities….contractor yards and self-storage units. The addition of the Orono Employment Lands was included in the Clarington Official Plan (Nov.2016). However, this inclusion has been appealed to the OMB by the Ministry of Municipal Affairs and Housing. In 1993, the Province deferred the approval of the proposed industrial designation on the east side of 35/115 in Orono. This area currently includes Ell- 46 Rod Custom Millwork. The Region will be requesting the Province lift this deferral coincident with the approval of the appealed sections of OPA 107 by the OMB. 4.10 Economic Development Strategy The Clarington Board of Trade in partnership with the BIA and Municipality have applied to the Rural Economic Development Fund for matching funding for the development of an economic strategy for Orono. The development of this strategy will provide guidance and community support to initiate projects that will lead to overturn the decline in population and closing of small businesses in the downtown of this small rural community. The Economic Development Strategy will also implement Council Policies contained in the recently adopted Clarington Official Plan. Section 5 5.1.2 Façade Improvement Program …a grant for up to $510,000 5.1.3 Upgrade To Building Code Program …a grant for up to $510,000 5.1.5 Accessibility Grant Program The Municipality of Clarington may provide a grant for up to $10,000 or 50% of the cost of accessibility improvements within the Orono CIP project area, providing that the accessibility enhances access to businesses. 5.2 CAPITAL IMPROVEMENTS 5.2.1 Parking The Municipality of Clarington will further amend the “land Acquisition Strategy, 2000” to included lands in Orono for municipal parking. Subject to annual budget approval monies will be set aside in a reserve account to fund the purchase and development of a municipal parking area. 5.2.2 Streetscape Works The Municipality of Clarington will set aside, subject to annual budget approval, monies to fund the redevelopment of the streetscape, specifically the creation of a civic gathering space along the Main Street and a more appropriate means of addressing the grade difference between the sidewalk and street. 47 5.2.3 Station Street Reconstruction The Municipality of Clarington independent of the CIP, will reconstruct Station Street between Highway 35/115 and Main Street, in 20015. The reconstruction and resurfacing will conform with the community character and address pedestrian access issues. Renumber the remaining sections. 5.2.3 Economic Development The Clarington Board of Trade in partnership with the BIA and Municipality have applied to Rural Economic Development Fund to provide matching funding for a consultant to work with the community on an economic development strategy. 5.3 This Community Improvement Plan will be reviewed after a 10 year period to assess if the Plan has met its goals and objectives. Suggested changes may be considered by way of minor change or formal amendment. Appendix 4 1.0 Signage Grant Program General Terms of Grant Program …as a one time grant to… Each business owner can receive a signage grant once in a 10 year period. 1.1 Façade Improvement Grant Program General Terms of Grant Program …$510,000… Each property address can receive a facade grant once in a 10 year period. The Façade Improvement Grant Program will not be retroactively applied to works started prior to the commencement of the program application and approval. 1.2 Upgrade to Building Code Grant Program General Terms of Grant Program …$510,000… Each property address can receive an upgrade to building code grant once in a 10 year period. 48 1.4 Accessibility Grant Program This grant program is intended to assist property owners with the financing of improvements required to bring older buildings into greater compliance. Area of Application The Accessibility Grant Program is available to all registered property owners or commercial tenants with a signed consent form for the improvements within the Community Improvement Project Area for the Municipality of Clarington as shown on Schedule A. Eligible works include: Installation of hand railings on steps Elimination of steps and/or provision of a ramp Widening of doorways and thresholds to accommodate accessibility devices Installation of automatic door openers, Changing door knobs to levers Washroom renovations (i.e. grab bars, raised toilets) Other improvements, at the discretion of the Director of Planning Services and in consultation with the Accessibility Co-ordinator that address accessibility issues. Eligibility for Grant The applicants for the Accessibility Grant Program must be the registered owner(s) of the property or commercial tenants with a lease agreement that extends a minimum of 2 years beyond the approval of the grant. Municipal staff will conduct a title search of the property and review property tax records. Property owners who are in arrears of property taxes are not eligible to receive the grant. The provision of any Accessibility Grant Program will be administered on first come first served basis to the limit of available funding in accordance with any administrative rule governing this and other grant programs. General Terms of Grant The grant covers up to 50% of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront, subject to an overall maximum of $45,000 per property owner for a building with multiple street addresses or storefronts. The grants will be provided at the discretion of the Director of Planning Services. 49 Other Programs Provided all eligibility criteria and conditions are met for this program, participation in the Accessibility Grant Program does not preclude the owner from being eligible for other grant programs offered under the Community Improvement Plan. However, at no time shall the total amount of grants provided to a property owner exceed $45,000. Procedures 1. Grant Application Submitted The applicant is required to submit a completed application form to the Director of Planning Services for approval. The application will include a copy of the work to be completed including drawings detailing the proposed improvement works. This may require drawings to be prepared by a Professional Engineer or Architect. 2. Description of Eligible Works and Submission of Quotations The Accessibility Program application will include a description of the eligible works and an estimate of the works to be undertaken. The estimate shall be supported by a minimum of two estimates from qualified contractors for undertaking the eligible works and shall be consistent with the cost estimate indicated on the accompanying building permit application. The cost estimate should indicate a breakdown of items, description of works to be performed, etc. The grant will be provided on the basis of the cost of the actual works not to exceed the 50% limitation and the maximum of $10,000. 3. Inspection of Building Prior to approving an Accessibility Grant, Municipal staff may inspect the building to review the conditions and the proposed improvement. A subsequent inspection may be done during the work. 4. Decision of Director of Planning Services The final decision as to how much of the proposed work, if any, is eligible for funding under the Accessibility Grant Program will be made by the Director of Planning Services or designate. Prior to issuing a decision, the Director may request further drawings, cost estimates or other information. 5. Expiry of Approval If all eligibility criteria and conditions are met and funds are available in the Grant fund, the Director of Planning Services or designate will 50 approve the grant. A letter from the Director to the applicant will represent a commitment and will be valid for a period of 6 months. The Director at his discretion may provide extensions. However, if the improvements do not match the drawings, materials or intent of the original approval, approval may be withdrawn. 6. Inspection of Completed Work Staff will conduct an inspection of the completed work. Staff from the Planning Services Department will confirm the works are in keeping with the intent of the drawings and materials as originally approved. 7. Provision of Grant Following satisfactory inspections of the work and the receipt of invoices from the applicant the grant cheque will be issued providing that the property owner is not in tax arrears. The grant will be advanced to the applicant only upon completion of works and progress payment will not be made 8. Maintenance The property owner and grant recipient is obligated to take proper actions to maintain the improvements to the satisfaction of the Municipality. Future modifications that change the integrity of the improvements are subject to the approval of the Municipality (at building permit time) and may be denied if they diminish the investment made by the Municipality. Implementation: The provisions set forth in the Community Improvement Plan as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Community Improvement Plan as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. 51 Attachment 2 to Report PSD-001-18 Amendment Number: 2 to the Bowmanville Community Improvement Plan Purpose: The purpose of this amendment is to update the Community Improvement Plan (CIP), revise the grant program and amend the boundary. Location: Bowmanville Community Improvement Plan covers from the Bowmanville to Soper valleys, along Highway 2 including Queen and Church Streets. Basis: The Amendment is based upon a thorough review of progress made, the success of the grant program, plus the desire of the merchants and property owners to make additional improvements to their buildings which also meet the criteria of being a public benefit. The recommendations emerged from a consultation process with the Bowmanville CIP liaison group, the survey of past grant recipients and ongoing review of best practices. Actual Amendment: This Amendment sets out a series of changes to Sections 2, 3, 4 and 5 and Appendix 5 of the Community Improvement Plan. New text is shown underlined and deleted text is shown with a strikethrough. 2.3 Previous Studies Bowmanville East Main Central Area Secondary Plan, 1996, updated in 2005 will be reviewed in 2018. Amendment Number 107 to the Municipality of Clarington Official Plan was approved by the Region of Durham on June 19, 2017. The updated Official Plan identified the Bowmanville East Secondary Plan as a key intensification area while respecting the built heritage resources through quality urban design. The former Goodyear (Continental) lands were identified as a Special Study Area as part of the Secondary Planning area and to address their remediation, potential re-use and heritage values. 3.1 Bowmanville Community Improvement Project Area Boundary The CIP area has worked well since the enactment of the Community Improvement Plan. However, with the works that have been accomplished over the past 12 years and the implementation of a heritage incentive grant 52 for designated properties, the inclusion of the housing stock along Wellington Street is no longer necessary. Community Improvement Plan Project Area 4.7.3 Signage The Municipality would prefer to amend the Sign By-Law for the entire area rather than addressing each sign request on a piecemeal basis. The Sign By-law was updated in 2009 to allow for T-bar (over sidewalk) signs in downtown Bowmanville. 4.8 Sunset Clause This Community Improvement Plan will be reviewed after a 10 year period to assess if the Plan has met its goals and objectives. Suggested changes may be considered by way of minor change or formal amendment. 53 Section 5 5.1.3 Design Guidelines The Municipality will draft the necessary staff report and by-law to enact an amendment to the Sign By-law for T-Bar (over sidewalk) signs upon request from the HBD. 5.2 Grant Program The total sum of grants available to a single property address is $26,000.00 if all the grant types are can be piggy-backed. 5.2.1 Building Permit Fee Grant Program Eligibility for a building permit fee will be renewed for each address after 10 years. 5.2.3 Heritage Building Façade Improvement Grant Program Eligibility for a heritage building façade improvement grant will be renewed for each address after 10 years. 5.2.4 Upgrade to Building Code Program Eligibility for an upgrade to building code grant will be renewed for each address after 10 years. 5.2.6 Signage Grant Program The Municipality of Clarington may provide a grant up to $2,000 or 50% of the cost of new business signage for retail merchants in the CIP area. The signage program will have to meet the criteria of the historic character as outlined in the Sign By-law. Eligibility for a signage grant will be renewed for each business after 10 years. 5.2.7 Accessibility Grant Program The Municipality of Clarington may provide a grant for up to $10,000 or 50% of the cost of accessibility improvements within the Bowmanville community improvement project area, providing that the accessibility enhances access to businesses. General Rules The addition of a grant program, increase in the maximum grant value, or a change to the Community Improvement Project Area shall require an 54 amendment to this Community Improvement Plan with approval from in consultation with the Ministery of Municipal Affairs and Housing. 5.4.2 King Street Bridge Refurbishment King Street Bridge hwas been identified in the 2007 capital budget as requiring refurbishment work. As part of theis refurbishment additional funds should be were included in the budget to provide for the addition of pedestrian amenities and viewing platforms along the bridge. 5.7 Changes to the Bowmanville Community Improvement Project Area, or the addition or increase in the value of grants shall require an amendment to this Community Improvement Plan by Council in consultation with and the Ministery of Municipal Affairs and Housing. ADD to Appendix 5 1.1 Building Permit Fee Grant Program General Terms of Grant Eligibility for a building permit fee grant will be renewed for each address after 10 years. 1.3 Heritage Building Façade Improvement Grant Program General Terms of Grant Eligibility for a heritage building façade improvement grant will be renewed for each address after 10 years. 1.4 Upgrade to Building Code Grant Program General Terms of Grant Eligibility for an upgrade to building code grant will be renewed for each address after 10 years. 1.6 Signage Grant Program This grant program is intended to assist business owners with financing the design and installation of new signage within the commercial area of the Community Improvement Project area by providing a grant equivalent to 50% of the amount of new signage, not to exceed $2000. Area of Application The Signage Grant Program is available to all business owners within the Community Improvement Project Area as shown in Schedule A. 55 Eligibility for Grant The applicants for a Signage Grant Program must be the registered business owner(s) and must install a new business sign within the Community Improvement Porject Area, with the agreement of the property owner(s). The provision of the Signage Grant Program will be administered on a first come first served basis to the limit of available funding in accordance with any administrative rules governing this and other grant programs. The design of the sign will follow the general guidelines set out in the Sign By-law and in keeping with the historic character of the downtown. Backlight signs are not eligible for funding. The Planning Services Department can from our inventory of photos provide merchants with examples and potential sources of signage. General Terms of Grant Program Any Signage Grant will be provided as a grant to a business owner and represents an amount equivalent only to 50% of the value of the new sign with a maximum of $2000 grant. Each business owner can receive a signage grant once in a 10 year period. At the time of sign permit application, the applicant will pay all applicable application fees. If eligible, the Signage Grant will be provided following final inspection by the Planning Services Department representative. Other Programs Provided all eligibility criteria and conditions are met for this program, participation in the Signage Grant Program does not preclude the business and/or property owner from being eligible for other grant programs offered under the Community Improvement Plan. Work Already Commenced The Signage Grant Program will not be retroactively applied to signage where permits were issued prior to the commencement of the program. Procedures 1. Grant Application Submitted at Time of Permit Application The applicant is required to submit a completed Signage Grant Application form to the Director of Planning Services for approval. The applicant will include a copy of the Sign Permit Application 56 including drawings detailing the proposed sign to be constructed and an estimate for the work to be undertaken. 2. Provision of Grant Following the completion of the work and final inspection by the Planning Services Department, the Signage Grant will be provided for approved projects. Eligibility for Grant The applicants for a Signage Grant must be the registered business owner(s) and they must submit a letter from the registered property owner providing permission to install the sign with the sign permit application. Grants will be administered on a first come first served basis to the limit of available funding in accordance with any administrative rules governing this and other grant programs. 1.7 Accessibility Grant Program This grant program is intended to assist property owners with the financing of improvements required to bring older buildings into greater compliance. Area of Application The Accessibility Grant Program is available to all registered property owners or commercial tenants with a signed consent form for the improvements within the Community Improvement Project Area for the Municipality of Clarington as shown on Schedule A. Eligible works include: Installation of hand railings on steps Elimination of steps and/or provision of a ramp Widening of doorways and thresholds to accommodate accessibility devices Installation of automatic door openers Changing door knobs to levers Washroom renovations (i.e. grab bars, raised toilets) Other improvements, at the discretion of the Director of Planning Services and in consultation with the Accessibility Co-ordinator that address accessibility issues. Eligibility for Grant The applicants for the Accessibility Grant Program must be the registered owner(s) of the property or commercial tenants with a lease agreement that extends a minimum of 2 years beyond the approval of the grant. Municipal 57 staff will conduct a title search of the property and review property tax records. Property owners who are in arrears of property taxes are not eligible to receive the grant. The provision of any Accessibility Grant Program will be administered on first come first served basis to the limit of available funding in accordance with any administrative rule governing this and other grant programs. General Terms of Grant The grant covers up to 50% of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront, subject to an overall maximum of $50,000 per property owner for a building with multiple street addresses or storefronts. The grants will be provided at the discretion of the Director of Planning Services. Other Programs Provided all eligibility criteria and conditions are met for this program, participation in the Accessibility Grant Program does not preclude the owner from being eligible for other grant programs offered under the Community Improvement Plan. However, at no time shall the total amount of grants provided to a property owner exceed $50,000. Procedures 1. Grant Application Submitted The applicant is required to submit a completed application form to the Director of Planning Services for approval. The application will include a copy of the work to be completed including drawings detailing the proposed improvement works. This may require drawings to be prepared by a Professional Engineer or Architect. 2. Description of Eligible Works and Submission of Quotations The Accessibility Program application will include a description of the eligible works and an estimate of the works to be undertaken. The estimate shall be supported by a minimum of two estimates from qualified contractors for undertaking the eligible works and shall be consistent with the cost estimate indicated on the accompanying building permit application. The cost estimate should indicate a breakdown of items, description of works to be performed, etc. The grant will be provided on the basis of the cost of the actual works not to exceed the 50% limitation and the maximum of $10,000. 58 3. Inspection of Building Prior to approving an Accessibility Grant, Municipal staff may inspect the building to review the conditions and the proposed improvement. A subsequent inspection may be done during the work. 4. Decision of Director of Planning Services The final decision as to how much of the proposed work, if any, is eligible for funding under the Accessibility Grant Program will be made by the Director of Planning Services or designate. Prior to issuing a decision, the Director may request further drawings, cost estimates or other information. 5. Expiry of Approval If all eligibility criteria and conditions are met and funds are available in the Grant fund, the Director of Planning Services or designate will approve the grant. A letter from the Director to the applicant will represent a commitment and will be valid for a period of 6 months. The Director at his discretion may provide extensions. However, if the improvements do not match the drawings, materials or intent of the original approval, approval may be withdrawn. 6. Inspection of Completed Work Staff will conduct an inspection of the completed work. Staff from the Planning Services Department will confirm the works are in keeping with the intent of the drawings and materials as originally approved. 7. Provision of Grant Following satisfactory inspections of the work and the receipt of invoices from the applicant the grant cheque will be issued providing that the property owner is not in tax arrears. The grant will be advanced to the applicant only upon completion of works and progress payment will not be made. 8. Maintenance The property owner and grant recipient is obligated to take proper actions to maintain the improvements to the satisfaction of the Municipality. Future modifications that change the integrity of the improvements are subject to the approval of the Municipality (at building permit time) and may be denied if they diminish the investment made by the Municipality. 59 Implementation: The provisions set forth in the Community Improvement Plan as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Community Improvement Plan as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. 60 Attachment 3 to Report PSD-001-17 Amendment Number: 1 to the Newcastle Village Community Improvement Plan Purpose: The purpose of this amendment is to update the Community Improvement Plan CIP, revise the grant program and amend the boundary. Location: Newcastle Village Community Improvement Plan covers the downtown of Newcastle. Revisions to the boundary are recommended to have the CIP area match the commercial core as outline in the Secondary Plan. Basis: The Amendment is based upon a thorough review of the progress made, the success of the grant program, plus the desire of the merchants and property owners to make additional improvements to their buildings which also meet the criteria of being a public benefit. The recommendations emerged from a consultation process with the Newcastle CIP liaison group, the survey of past grant recipients and ongoing review of best practices. Actual Amendment: This Amendment sets out a series of changes to Section 3, 4, 5 and Appendix 4 and 5 of the Community Improvement Plan. New text is shown underlined and deleted text is shown with a strikethrough. Section 3.1 Community Improvement Plan Area Boundary Since 2008 the Newcastle Village Secondary Plan has been amended to revise the boundaries of the Commercial Area. In addition, the Walbridge House at 483 Highway 2 has been fully refurbished as a single family home. The boundaries of the Community Improvement Plan Area should reflect these changes as shown in Figure 4. 61 Figure 4 – Community Improvement Project Area Section 4.1 Recent Improvements Since the adoption of this Community Improvement Plan in April, 2008 there have been a number of other developments that have enhanced the downtown of Newcastle, such as the library construction. Other new developments include the Shopper’s Drug Mart, No Frills and more recently the approval of the LCBO. There has also been progress on adding residential units within the downtown through the approval of a condominium on Beaver Street. In addition, various property owners are continuing to explore opportunities for redevelopment within the downtown. This includes an addition to Parkview Lodge and the redevelopment of the former Buster’s and Dee’s Harvest Table properties. 62 Section 4.5 Focal point and Civic Presence The Newcastle Village Fire Station is currently located at 247 King Avenue East. When A new fire station is has been constructed at 3333 Highway 2. The former fire station at 247 King Avenue East is currently being used by Operations and the parking lot is leased to GO Transit as a turn-around and lay-over site. Once these uses cease that services Newcastle Village it is anticipated that this property will be sold and redeveloped as a commercial or mixed –use development. Section 4.6.3 Off Street Parking Since 2008 rear lanes have been completed for the block south of King Avenue between Baldwin and Church Street and north of King Avenue between North and Mill Street. The Municipality has also been exploring options to advance the completion of the rear lane between Mill Street North and Beaver Street North and Church Street to Mill Street South. Replace Figure 5 –Rear Lanes in 2008 and as implemented to date in 2016 Section 5 5.1.3 Design Guidelines Urban Design Guidelines for Newcastle’s downtown were approved in November 2013. The urban design guidelines provide information and a framework for new and redevelopment proposals. A streetscape development plan was prepared in 2015. It has a unified theme for the pedestrian amenities 63 such as benches, garbage cans and lighting. In 2017 the streetscape development began implementation. The Municipality will provide guidelines for signage and renovation project through design assistance and photographic examples appended to this report. The preparation of guidelines for infills and streetscape improvements in encouraged by the community. The same theme for pedestrian amenities such as benches, garbage cans and lighting should be carried through-out. The western area of the CIP has a street character with is pedestrian friendly. This should be carried through to the eastern section through uniform heritage street lighting and pedestrian rest areas. 5.1.4 Facilitation The Municipality will consider the provision of T-bar signs (over sidewalk) in the comprehensive review of Sign By-law 97-187. 5.2 Grant Program The total sum of grants available to a single property address can be is $20,000.00 if all the grants types are piggy-backed. 5.2.3 Building Façade Improvement Grant Program …$510,000. …adhere to the approved design/visualization urban design guidelines. Eligibility for a façade improvement grant will be renewed for each address after 10 years. 5.2.4 Upgrade to Building Code Program Eligibility for an upgrade to building code grant will be renewed for each address after 10 years. 5.2.5 Signage Grant Program Eligibility for a signage grant will be renewed for each business after 10 years. 5.2.6 Accessibility Grant Program The Municipality of Clarington may provide a grant for up to $10,000 or 50% of the cost of accessibility improvements within the Newcastle Village CIP project area, providing that the accessibility enhances access to businesses. 5.8 Sunset Clause This Community Improvement Plan will be reviewed after a 10 year period to assess if the Plan meets its goals and objectives. Suggested changes may be considered by way of minor changes or formal amendment. 64 Appendix 4 1.3 Building Façade Improvement Grant Program General Terms of Grant Program …$510,000… Eligibility for a building façade improvement grant will be renewed for each address after 10 years. 1.4 Upgrade to Building Code Grant Program General Terms of Grant Program Eligibility for an upgrade to building code grant will be renewed for each address after 10 years. 1.5 Signage Grant Program General Terms of Grant Program Eligibility for a signage grant will be renewed for each business after 10 years. 1.6 Accessibility Grant Program This grant program is intended to assist property owners with the financing of improvements required to bring older buildings into greater compliance. Area of Application The Accessibility Grant Program is available to all registered property owners or commercial tenants with a signed consent form for the improvements within the Community Improvement Plan Area for the Municipality of Clarington as shown on Schedule A. Eligible works include: Installation of hand railings on steps Elimination of steps and/or provision of a ramp Widening of doorways and thresholds to accommodate accessibility devices Installation of automatic door openers Changing of door knobs to levers Washroom renovations (i.e. grab bars, raised toilets) Other improvements, at the discretion of the Director of Planning Services and in consultation with the Accessibility Co-ordinator that address accessibility issues. 65 Eligibility for Grant The applicants for the Accessibility Grant Program must be the registered owner(s) of the property or commercial tenants with a lease agreement that extends a minimum of 2 years beyond the approval of the grant. Municipal staff will conduct a title search of the property and review property tax records. Property owners who are in arrears of property taxes are not eligible to receive the grant. The provision of any Accessibility Grant Program will be administered on first come first served basis to the limit of available funding in accordance with any administrative rule governing this and other grant programs. General Terms of Grant The grant covers up to 50% of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront, subject to an overall maximum of $45,000 per property owner for a building with multiple street addresses or storefronts. The grants will be provided at the discretion of the Director of Planning Services. Other Programs Provided all eligibility criteria and conditions are met for this program, participation in the Accessibility Grant Program does not preclude the owner from being eligible for other grant programs offered under the Community Improvement Plan. However, at no time shall the total amount of grants provided to a property owner exceed $45,000. Procedures 1. Grant Application Submitted The applicant is required to submit a completed application form to the Director of Planning Services for approval. The application will include a copy of the work to be completed including drawings detailing the proposed improvement works. This may require drawings to be prepared by a Professional Engineer or Architect. 2. Description of Eligible Works and Submission of Quotations The Accessibility Program application will include a description of the eligible works and an estimate of the works to be undertaken. The estimate shall be supported by a minimum of two estimates from qualified contractors for undertaking the eligible works and shall be consistent with the cost estimate indicated on the accompanying building permit application. The cost estimate should indicate a breakdown of items, 66 description of works to be performed, etc. The grant will be provided on the basis of the cost of the actual works not to exceed the 50% limitation and the maximum of $10,000. 3. Inspection of Building Prior to approving an Accessibility Grant, Municipal staff may inspect the building to review the conditions and the proposed improvement. A subsequent inspection may be done during the work. 4. Decision of Director of Planning Services The final decision as to how much of the proposed work, if any, is eligible for funding under the Accessibility Grant Program will be made by the Director of Planning Services or designate. Prior to issuing a decision, the Director may request further drawings, cost estimates or other information. 5. Expiry of Approval If all eligibility criteria and conditions are met and funds are available in the Grant fund, the Director of Planning Services or designate will approve the grant. A letter from the Director to the applicant will represent a commitment and will be valid for a period of 6 months. The Director at his discretion may provide extensions. However, if the improvements do not match the drawings, materials or intent of the original approval, approval may be withdrawn. 6. Inspection of Completed Work Staff will conduct an inspection of the completed work. Staff from the Planning Services Department will confirm the works are in keeping with the intent of the drawings and materials as originally approved. 7. Provision of Grant Following satisfactory inspections of the work and the receipt of invoices from the applicant the grant cheque will be issued providing that the property owner is not in tax arrears. The grant will be advanced to the applicant only upon completion of works and progress payment will not be made. 8. Maintenance The property owner and grant recipient is obligated to take proper actions to maintain the improvements to the satisfaction of the Municipality. Future modifications that change the integrity of the improvements are subject to the approval of the Municipality (at building permit time) and may be denied if they diminish the investment made by the Municipality. 67 Appendix 5 --Schedule A Implementation: The provisions set forth in the Community Improvement Plan, regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Community Improvement Plan, regarding the interpretation of the Plan shall apply in regard to this Amendment. 68 Attachment 4 to Report PSD-001-18 On August 1st 2017, a CIP grant survey was sent to 50 past recipients via e-mail. The online survey was completed by 28 of the past recipients as of August 29th, 2017. Overall, the response rate was 28/50 or 56%. An analysis of the responses was conducted on August 29th 2017, with the results and trends identified below. Question 1: How did you find out about the Community Improvement Grant Program? Question 2: When you applied for the grant(s), how did you find the application process? 69 Attachment 4 to Report PSD-001-18 Question 3: Do you think your business benefited from the improvements made using the grant money? Please specify below. 26 Reponses: - Visual Appearance for Customers/Clients/Workers - Structural Improvements - Financial Support - Accessibility - Signage Visibility - Value of Building - Rental Ability - Safety Question 4: Based on your experience, would you recommend others apply for a Community Improvement grant? Question 5: Please rate your overall experience with the Community Improvement Grant Program. 70 Attachment 4 to Report PSD-001-18 Question 6: What changes should be made to the grant program? Please provide comment suggestions. 23 Responses: - Increase Awareness, Promotion to Businesses - More advertising, local newspaper - Mail applications with information - More communication about program - Accessibility grant, accessible entrances to old buildings - Grants for older/historic buildings, 75/25 grants are needed for these improvements - Larger grants for wider range of improvements - Extend CIP boundaries beyond downtown core, E.g. Bowmanville, extend to Liberty Street - More funds needed as grant money usually spoken for early in the year - Grant for bringing buildings up to code Question 7: Is there something else you’d like to say that relates to the grant program? Feel free to type it in below. We appreciate all comments. 17 Responses: - Great program, improves downtown core - Appreciate support from Municipality and CIP contact Faye - Accessibility grant to include automatic door openings from ramps - Current 1/3 reimbursement is fair because owner has the most to gain from the improvements - Offer incentives to those who qualify for general repairs on historic buildings if unused money from previous years E.g. painting, brick repair - List of qualified suppliers, approved by the Municipality, to do work on historic buildings would be helpful - Can a business apply for the same grant already received after a certain time period? - More direct awareness of grants offered - Grant monies have allowed businesses in Newcastle to upgrade their buildings, signage, help with mobility issues, overall keeping with heritage look of town 71 Attachment 5 to Report PSD-001-18 The Corporation of the Municipality of Clarington By-Law Number 2018- ______ being a By-law to adopt Orono Community Improvement Plan Amendment No. 2 Whereas by By-law No. 2005-038, as amended by By-law No. 2008-112 Council designated the Orono community improvement project area pursuant to subsection 28(2) of the Planning Act, R.S.O. 1990, c.P.13, as amended; And whereas Council by By-law No. 2005-039 as amended by By-law 2008-112 approved the community improvement plan prepared for the Orono community improvement project area pursuant to Council's direction; And whereas subsection 28(5) of the Planning Act authorizes Council to pass a by-law for the adoption of an amendment to a Community Improvement Plan for a community improvement project area; Now therefore the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. That this By-law shall come into force and take effect on the date of the passing hereof. Read Three times and passed in open Council this ___ day of _______, 2018 C. Anne Greentree, Municipal Clerk, Adrian Foster, Mayor 72 Attachment 6 to Report PSD-001-18 The Corporation of the Municipality of Clarington By-Law Number 2018- ______ being a By-law to adopt Bowmanville Community Improvement Plan Amendment Number 2 Whereas by By-law Number 2003-186, as amended by By-law Number 2005-41 Council designated the Bowmanville community improvement project area pursuant to subsection 28(2) of the Planning Act, R.S.O. 1990, c.P.13, as amended; And whereas Council by By-law Number 2005-123 as amended by By-law 2008-185 approved the community improvement plan prepared for the Bowmanville community improvement project area pursuant to Council's direction; And whereas subsection 28(5) of the Planning Act authorizes Council to pass a by- law for the adoption of an amendment to a Community Improvement Plan for a community improvement project area; And whereas Council now deems it advisable to adopt Amendment No.2 to the Bowmanville Community Improvement Plan including revising the community improvement project area as shown in Schedule “A”; Now therefore the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. That this By-law shall come into force and take effect on the date of the passing hereof. Read Three times and passed in open Council this __th day of _______, 2018 C. Anne Greentree, Municipal Clerk, Adrian Foster, Mayor 73 Attachment 6 to Report PSD-001-18 74 Attachment 7 to Report PSD-001-18 The Corporation of the Municipality of Clarington By-Law Number. 2018-_____ being a By-law to adopt Newcastle Village Community Improvement Plan Amendment Number 1 Whereas by By-law Number 2008-086, Council designated the Newcastle Village community improvement project area pursuant to subsection 28(2) of the Planning Act, R.S.O. 1990, c.P.13, as amended; And whereas subsection 28(5) of the Planning Act authorizes Council to pass a by- law for the adoption of an amendment to a Community Improvement Plan for a community improvement project area; And whereas Council now deems it advisable to adopt Amendment Number 1 to the Newcastle Village Community Improvement Plan, including revising the community improvement project area as shown in Schedule “A”; Now therefore the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. That this By-law shall come into force and take effect on the date of the passing hereof. Read Three times and passed in open Council this __ day of _______, 2018 C. Anne Greentree, Municipal Clerk, Adrian Foster, Mayor 75 Attachment 7 to Report PSD-001-18 76 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: January 8, 2018 Report Number: PSD-002-18 Resolution Number: File Number: ZBA2017-0026 By-law Number: Report Subject: An Application by Lancaster Homes Inc. Application for Rezoning to Extend the maximum three (3) year period for a Temporary New Homes Sales Facility Recommendations: 1. That Report PSD-002-18 be received; 2. That the application to amend the Zoning By-law submitted by Lancaster Homes Inc. be approved and that the Zoning By-law contained in Attachment 1 to Report PSD-002-18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-002-18 and Council’s decision; and 4. That all interested parties listed in Report PSD-002-18 and any delegations be advised of Council’s decision. 77 Municipality of Clarington Report PSD-002-18 Page 2 Report Overview Lancaster Homes Inc. proposes to extend the use of an existing temporary home sales pavilion related to an approved subdivision in the Brookhill Neighbourhood for an additional three years. No changes would occur on site if the application is approved. The application has been deemed complete. 1. Application Details 1.1. Owner: West Diamond Properties Inc. 1.2. Applicant: Lancaster Homes Inc. 1.3. Proposal: To amend the Zoning By-law to extend the maximum three (3) year period for a temporary homes sales pavilion another three (3) years 1.4. Area: 4,765.5 square metres 1.5. Location: 2101 Green Road, Bowmanville (southeast corner of the Green Road/Brookhill Boulevard intersection and northwest of Clarington Central Secondary School) 1.6. Roll Number: 18-17-010-030-01730 1.7. Within Built Boundary: Yes 2. Background 2.1. On August 28, 2017, Lancaster Homes Inc. submitted an application to extend the use of an existing temporary home sales pavilion related to an approved subdivision in the Brookhill Neighbourhood for an additional three years. The site is used by Lancaster Homes and Falconcrest Homes Ltd. 78 Municipality of Clarington Report PSD-002-18 Page 3 3. Land Characteristics and Surrounding Uses Figure 1: Site Plan Location, north of Clarington Central Secondary School 3.1 The surrounding uses are as follows: North - Vacant/Proposed Draft Plan of Subdivision S-C-2012-0003 South - Public Secondary School East - Vacant portion of the property and Brookhill Boulevard West - Single, semi and townhouse units 4. Provincial Policy 4.1 Provincial Policies The Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe address the need to maintain and direct land use to achieve efficient development and land use patterns. Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns. The proposed temporary use of a portion of the property will provide an interim use that supports the future urban residential neighbourhood it is located in. 79 Municipality of Clarington Report PSD-002-18 Page 4 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the property as ”Regional Centre”. The proposed temporary use supports the future urban residential neighbourhood it is located near. It appears to conform to the Durham Region Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the site as “Bowmanville West Town Centre”. It is identified as “Community Facility” within the Bowmanville West Town Centre Secondary Plan. Town Centres shall be developed as the main concentrations of urban activity in each community with the Town Centres providing a fully integrated array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. Community Facilities, within the Bowmanville West Town Centre, shall include uses such as public recreation facilities, religious institutions, public and private schools, housing for persons with special needs and municipal facilities. Although the proposed use does not meet the definition of a Community Facility use, the Clarington Official Plan allows Council to pass temporary use by-laws to permit the use of lands, buildings or structures, on a temporary basis, for any purpose provided that: a) the proposed use it temporary in nature; b) the proposed use is compatible with adjacent existing land uses, there is minimal impact on the Natural Heritage System, or satisfactory measures to mitigate any adverse impacts will be applied; c) there will be no adverse impacts on traffic or transportation facilities or services in the area; d) adequate access and parking are provided; e) the use can be removed and the site can be restored to its original condition; f) adequate sewage disposal and water services are available in compliance with provincial and regional standards; and g) it does not jeopardize the long term implementation of the Plan. 80 Municipality of Clarington Report PSD-002-18 Page 5 6. Zoning By-law Within Zoning By-law 84-63, the subject lands are zoned “Agricultural Exception (A-41)”. This allowed a new home sales facility between October 4, 2013 and October 4, 2017. This facility has not had available product to sell in recent months and has not been open. The proposed rezoning would permit the continued use as a temporary sales presentation centre, for an additional three years. 7. Public Notice and Submissions Public Notice was given by mail to each landowner within 120 metres of the subject site and Public Notice Signage was installed on both the Green Road and the Brookhill Boulevard frontages by Dec. 6, 2017. No inquiries regarding the subject application were received at the time this report was written. 8. Agency Comments Given that this was an extension of a temporary use and that no agencies had concerns with the use three years ago, a limited circulation was undertaken. The Public School Board received notice as a property owners within 120 metres of the site and advised that they had no objection. 9. Departmental Comments 9.1 Engineering Services had no objections to the extension of the temporary zoning, in principle, and had no other comments. 9.2 The Building Division had no comments. 9.3 Emergency and Fire Services had no fire safety concerns. 10. Discussion 10.1 Notice was originally mailed for a public meeting on November 13, 2017, Planning and Development Committee agenda. Unfortunately as public notice signs were not posted on the property in compliance with the Planning Act, the meeting was cancelled and rescheduled to January 8, 2018 10.2 The sales facility has recently been used by Lancaster Homes Inc. and Falconcrest Homes Ltd. for new home sales in the Brookhill neighbourhood. The extension to the temporary sales facility is required as subsequent phases will be registered and the lots released for sale. 10.3 The subject site is an appropriate site for the sales facility, however was previously zoned “Agricultural (A)” prior to the passing of the by-law in October 2010. The “A-41” Zone is specific to this sales facility. 81 Municipality of Clarington Report PSD-002-18 Page 6 11. Concurrence Not Applicable. 12. Conclusion Provided there are no objections during the Public Meeting, and in consideration of all agency, staff and public comments, it is respectfully recommended that the proposed Temporary Use By-law included as Attachment 1 be approved. 13. Strategic Plan Application Not Applicable. Submitted by: Reviewed by David J. Crome, MCIP, RPP Andrew C. Allison, B. Comm. LL.B. Director of Planning Services Chief Administrative Officer Staff Contact: Bob Russell, Planner 2, 905-623-3379 ext. 2421 or brussell@clarington.net Attachment: Attachment 1 – Zoning By-law Amendment The following is a list of the interested parties to be notified of Council’s decision: David Ribeiro BR/CP/tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0026 2101 Green Road\Staff Report\PSD-002- 18.docx 82 Attachment 1 to Report PSD-002-18 J:\REPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\PDC January 8\PSD-002-18\Attachment 1 to PSD-002-18.docx Corporation of the Municipality of Clarington By-law Number 2018-______ 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 ZBA2017-0026; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4.41 “SPECIAL EXCEPTIONS – AGRICULTURAL EXCEPTION (A- 41) ZONE” is hereby amended by deleting the following words: “October 4, 2017” And replacing them with the following words: “January 15, 2021”. 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 Sections 34 and 39 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2018 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk 83 84 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: January 8, 2018 Report Number: PSD-003-18 Resolution: File Number: S-C-2017-0011, ZBA2017-0033 By-law Number: Report Subject: Development Applications by Tomba Enterprises Ltd. for 29 Townhouse dwellings accessed by a private lane in Newcastle Recommendations: 1. That Report PSD-003-18 be received; 2. That the applications for a Draft Plan of Subdivision, and Rezoning submitted by Tomba Enterprises Limited for 29 townhouse dwellings continue to be processed and that a subsequent report be prepared; and 3. That all interested parties listed in Report PSD-003-18 and any delegations be advised of Council's decision. 85 Municipality of Clarington Report PSD-003-18 Page 2 Report Overview The Municipality is seeking public comments for applications Tomba Enterprises Limited. The applicant is proposing to rezone land for 29 townhouse units accessed by a private lane that will be part of a common elements plan of condominium to be applied for later. The development will have an amenity area and an acoustic berm and fence along the railroad to the north. 1. Application Details 1.1 Owner/Applicant: Tomba Enterprises Ltd. 1.2 Agent: Bicorp Design Group Ltd. 1.3 Proposal: Proposed Draft Plan of Subdivision A proposed draft plan of subdivision to create one block to facilitate the future proposed common elements Plan of Condominium. Proposed Rezoning From “Urban Residential Exception (R1-1)” to appropriate zones to permit the 29 townhouse dwellings and supporting facilities. 1.4 Area: 0.939 hectares (2.32 acres) 1.5 Location: 355 North Street, Newcastle, southeast corner of North Street underpass at the CPR Railroad and backing to the rear lot lines of Monroe Street West 1.6 Roll Number: 18-17-030-130-18900 1.7 Within Built Boundary: Yes 86 Municipality of Clarington Report PSD-003-18 Page 3 Figure 1: Proposed North Street Townhouses 2. Background 2.1 On October 4, 2017, representatives of Tomba Enterprises Ltd. submitted applications for draft plan of subdivision, site plan approval and rezoning to permit the development of 29 townhouses. The applicant proposes to submit a future application for a Common Elements Plan of Condominium. The common elements would include a private lane, acoustic berm and fence, amenity area, and visitor parking area. 87 Municipality of Clarington Report PSD-003-18 Page 4 2.2 A number of required documents were not submitted on October 4, 2017 to deem the application complete. The last set of outstanding documents was received by Planning Services on November 15, 2017, when the application was declared complete. 2.3 The submitted studies for this proposal are: Phase One Environmental Site Assessment Planning Justification Report & Urban Design Brief Archaeological Assessment Traffic Impact Study Stormwater Management Report Noise and Vibration Impact Study 3. Land Characteristics and Surrounding Uses 3.1 The lands are generally flat with some gentle undulation. The south property boundary has a discontinuous row of evergreen trees. Some deciduous trees are in the southeast and northeast corners of the property. Figure 2: Looking East from North St. at the Relatively Flat Site 88 Municipality of Clarington Report PSD-003-18 Page 5 3.2 The surrounding uses are as follows: North - Canadian Pacific (CP) Railroad and vacant lands which are part of a draft approved plan of subdivision South - single detached dwellings fronting on Monroe Street West East - single detached dwellings fronting on Mill Street North West - North Street, and beyond, single detached dwellings on Remi Court 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 residential, employment, recreation, park and open space; and other uses to meet long term needs. Municipalities are to provide opportunities for intensification, promote renewable energy, conservation and reduced greenhouse gas emissions. 4.2 Provincial Growth Plan The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. Growth is to be accommodated in transit-supportive communities to reduce dependence on the automobile through the development of mixed use, pedestrian-friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. At the regional scale, 40 percent of new growth is to occur within the built up area and 50 per cent of new growth within the built boundary after the next Official Plan review. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands “Living Areas” in the Regional Official Plan. Lands located within the “Living Areas” designation are predominantly to be used for housing purposes. The Region’s intensification target for Clarington is 32% of all new development is to occur within the built boundary. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as Urban Residential and within the built-boundary of the Newcastle Urban Area. 89 Municipality of Clarington Report PSD-003-18 Page 6 Consistent with high levels of government planning documents, the Clarington Official Plan requires accommodation of increasing intensification within the Built-up Area, while having regard for established residential areas. The residential intensification target of 32 percent new growth is distributed across the urban areas. New development in established neighbourhoods is to be designed to respect and reinforce the physical character having regard to the pattern of lots, streets and blocks, the size and configuration of lots, building types of nearby properties, the height and scale of buildings and the setback of buildings from the street, rear and side yards. New residential development is encouraged to create accessible, walkable neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses. North Street is designated a Type B Arterial Road with an existing grade separation at the intersection with the CP Railroad. Based on the urban structure requirements of the Official Plan, developments on the edge of neighbourhoods and adjacent to an arterial road that is not a designated “corridor” can include limited townhouses, semi-detached and single detached dwellings between one and three stories. In addition, the Official Plan policies require noise/vibration conflicts between railway infrastructure and adjacent uses be minimized. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands: “Urban Residential Exception (R1-1)” which permits single detached dwellings. The Zoning By-law Amendment Application proposes to rezone said lands to zones required to implement the proposed development. 7. Public Notice and Submissions 7.1 A Notice of Public Meeting was given by mail to each landowner within 120 metres of the property boundary, and a public meeting notice sign was installed within the same boundary in approximately the centre of the North Street frontage by December 7, 2017. 7.2 One neighbour has contacted staff expressing concern about the proposed change in zoning and housing form. Another neighbour was concerned that the townhouse development will be rent geared to income but not concerned if the development is “high end”. 8. Agency Comments 8.1 Enbridge Gas has no objection to the rezoning and provided conditions for the site plan approval. 90 Municipality of Clarington Report PSD-003-18 Page 7 8.2 Comments remain outstanding from the other agencies including Veridian Connections, Ganaraska Region Conservation Authority, the public and separate school boards, the public and separate French language school boards, Regional Planning, Works, Transit and Police, C.P. Rail, Canada Post, Bell, Enbridge and Rogers. 9. Departmental Comments 9.1 Clarington Engineering Services has made preliminary comments that prior to approval of any applications, the Engineering Services Department will have to be satisfied on a number of issues. The Stormwater Management Report must be revised to provide quantity and quality controls for the development. Cash-in-lieu of parkland will be required. A number of other comments were provided with respect to site plan details and revisions were provided that will need to be addressed by the applicant. 10. Discussion 10.1 The proposal is to develop a vacant 0.939 ha parcel of land. Its location abutting the CP railway requires noise attenuation as well as containment berm in case of derailment. The site has limited frontage on North Street, and the site narrows moving from east to west. All these factors make it a difficult site to develop. 10.2 The proposal submitted is for four storey, mansard roof buildings. The Official Plan allows development to be between one to three stories. The applicant is reviewing the building and elevation designs to provide buildings that comply with the Official Plan. 10.3 The majority of the review agency comments remain outstanding at this time. In addition all supporting documentation needs to be reviewed in detail and all comments received from the public considered before a further report is drafted. 11. Conclusion 11.1 The purpose of this report is to provide background information on the applications submitted by Tomba Enterprises 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. 12. Strategic Plan Application Not Applicable. 91 Municipality of Clarington Report PSD-003-18 Page 8 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services CAO Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell@clarington.net The following is a list of interested parties to be notified of Council's decision. Duro Bicanic Ubaldo Dirienzo Allison Warne Anthony Raco BR/CP/av/ah I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0011 355 North Street (Tomba)\Staff Report\PSD-003-18.docx 92 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: January 8, 2018 Report Number: PSD-004-18 Resolution: File Number: ZBA 2017-0034 By-law Number: Report Subject: An Application by Strategic Property Management for Removal of (H) Holding Symbol, 415 Baseline Road West, Bowmanville Recommendations: 1.That Report PSD-004-18 be received; 2.That the application submitted by Strategic Property Management to remove the (H) Holding Symbol be approved; 3.That the by-law to remove the (H) Holding Symbol be forwarded directly to Council at such time as the requested road widening and sight triangles; and 4.That Council’s decision and a copy of Report PSD-004-18 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation. 93 Municipality of Clarington Report PSD-004-18 Page 2 Report Overview The purpose of this report is to recommend removal of the (H) Holding Symbol at 415 Baseline Road W, Bowmanville. 1. Application Details 1.1 Owner: Ludwig Fischer 1.2 Applicant: Strategic Property Management 1.3 Agent: Weston Consulting 1.4 Proposal: Removal of Holding (H) Symbol from: the "Holding - Special Purpose Commercial ((H) C5) Zone”. 1.5 Area: 1.18 Hectares 1.6 Location: 415 Baseline Road West, Bowmanville 1.7 Roll Number: 1817-020-120-21000 1.8 Within Built Boundary: Yes Figure 1: Location of Subject Site 94 Municipality of Clarington Report PSD-004-18 Page 3 2. Background 2.1 The (H) Holding provision on the subject property has been in place since the adoption of Zoning By-law 84-63 in 1984. 2.2 On December 17, 1992, GenerX Inc. and Ellis-Don Design Build Inc. entered into a development agreement with the Corporation of the Town of Newcastle to permit the development of the Royal Canadian Mounted Police Bowmanville Detachment Building. The (H) Holding Symbol was not removed at this time because the proposed building was a “Public Use” under Zoning By-law 84-63. 2.3 Strategic Property Management submitted an application on October 10, 2017 requesting that the Holding (H) Symbol be removed from Registered Plan 40R-114408 Part 2. The owner and applicant are marketing the property. At this time there is no new proposed use or tenant for the property. The removal of the (H) Symbol is required for the owner to utilize the site for a commercial purpose. 3. Comments 3.1 In 1992, the Municipality of Clarington took the following road widenings through the site plan agreement with GenerX Inc. and Ellis-Don Design Build Inc.: a 5 metre by 5 metre sight triangle at the northwest corner of the property (intersection of Baseline Road West and Martin Road), and 5.18 metres along the Baseline Road West frontage. 3.2 As a condition of lifting the holding (H) symbol, staff requested that the current road widening standard be applied. To meet current Municipal standards, the following additional road widenings are required: 2.82 metres road widening along the Baseline Road West frontage, a 7 metre by 14 metre sight triangle at the northwest corner of the property (intersection of Baseline Road West and Martin Road), and a 5 metre by 5 metre sight triangle at the southwest corner of the property (intersection of Spicer Square and Martin Road). 3.3 The applicant has agreed to the road widenings as shown in Figure 2. This requires the registration of a new reference plan and an amendment of the existing development agreement. There are existing landscape strips and trees in the widening areas but they would remain with the exception of any trees in the site triangle. 95 Municipality of Clarington Report PSD-004-18 Page 4 Figure 2: Required Road Widenings 3.4 The Holding (H) Symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. Subject to the road widening, there is no outstanding reason for the Holding (H) symbol to remain on the property. 3.5 All property taxes have been paid in full. 4. Concurrence Not applicable. 5. Conclusion In consideration of the comments noted above, the "Holding (H)" symbol be removed from 415 Baseline Road West. 6. Strategic Plan Application Not applicable. 96 Municipality of Clarington Report PSD-004-18 Page 5 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B. Comm LL.B Director of Planning Services CAO Staff Contact: Tanjot Bal, Planner, 905-623-3379 ext. 2422 or tbal@clarington.net or Mr. Carlos Salazar, Manager, 905-623-3379 ext. 2409 or csalazar@clarington.net There are no interested parties to be notified of Council’s decision. TB/COS/ah/tg 97 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: January 8, 2018 Report Number: PSD-005-18 Resolution: File Number: S-C-2017-0001, COPA 2017-0001 By-law Number: and ZBA2017-0001 Report Subject: Applications for Draft Plan of Subdivision and Rezoning by Lindvest Properties (Clarington) Limited to develop a former school block as a 51 lot subdivision in Newcastle Recommendations: 1. That Report PSD-005-18 be received; 2. Official Plan Amendment COPA 2017-0001 is no longer necessary and the file be closed; 3. That the Director of Planning 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-005-18; 4. That the application for a Draft Plan of Subdivision S-C-2017-0001 submitted by Lindvest Properties (Clarington) Limited, to permit the development of 51 residential units, be supported subject to the conditions generally as contained in Attachment 2 to Report PSD-005-18; 5. That the application to amend the Zoning By-Law by Lindvest Properties (Clarington) Limited be approved and that the By-law in Attachment 3 to Report PSD-005-18 be passed; 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 Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD-005-18 and Council's decision; and 98 Municipality of Clarington Report PSD-005-18 Page 2 8. That all interested parties listed in Report PSD-005-18 and any delegations be advised of Council's decision. 99 Municipality of Clarington Report PSD-005-18 Page 3 Report Overview This report recommends approval of a proposed Draft Plan of Subdivision and Zoning By- law Amendment applications submitted by Lindvest Properties (Clarington) Limited. The applications would permit a 51 lot subdivision in the Foster Neighbourhood in Newcastle. The application was triggered as a result of the Kawartha Pine Ridge District School Board decision to waive their option for a school block. The application for an Official Plan Amendment is no longer required as the public school symbol on the subject lands was removed by Clarington Official Plan Amendment 107. 1. Application Details 1.1 Owner/Applicant: Lindvest Properties (Clarington) Limited 1.2 Proposal: To develop a vacant block previously designated and draft approved for an elementary school together with 13 previously draft approved single detached dwelling lots for a subdivision containing a total of 51 single detached dwelling lots in the Foster Neighbourhood. 1.3 Area: 3.05 hectares 1.4 Location: 90 Grady Drive, Newcastle 1.5 Roll Number: 181703013016562 1.6 Within Built Boundary: No 2. Background 2.1 On February 29, 2016, the Kawartha Pine Ridge District School Board notified Lindvest and the Municipality of its decision to waive their option to retain the subject site for the development of a public elementary school. 2.2 On January 5, 2017, Lindvest Properties (Clarington) Limited submitted applications for a Draft Plan of Subdivision, Clarington Official Plan Amendment and Zoning By-law Amendment to develop the former public elementary school block together with 13 previously draft approved lots as a 50 lot single detached dwelling subdivision (see Figure 1). The 13 previously draft approved lots front on the south side of the future extension to Whitehand Drive, abutting the north side of the former school block. 2.3 A statutory public meeting was held on February 21, 2017. Comments received from the public included concerns over the loss of the future school and questions regarding surrounding developments. This is discussed more in Section 8 of this report. 100 Municipality of Clarington Report PSD-005-18 Page 4 Figure 1: Original Draft Plan of Subdivision Proposal 2.4 Since the public meeting, and in response to concerns from staff, the applicant has revised the draft plan of subdivision; adding an additional lot and reworking the street layout (see Figure 2). The draft plan now includes a crescent road that will connect with the future extension of Whitehead Drive at two intersections and eliminates the previously proposed cul-de-sac and a road connection to Grady Drive. The proposal consists of 35 lots with a minimum frontage of 12 metres and 16 lots with a minimum frontage of 15 metres. 101 Municipality of Clarington Report PSD-005-18 Page 5 Figure 2: Revised Draft Plan of Subdivision Proposal 2.5 The applicant submitted the following studies in support of the applications which are reviewed in Section 7 of this report: Planning Justification Report Urban Design Brief Functional Servicing Report 102 Municipality of Clarington Report PSD-005-18 Page 6 3. Land Characteristics and Surrounding Uses The subject lands are currently vacant and have been used to stockpile excess soils on a temporary basis. The lands were previously used for agriculture. The surrounding uses are as follows: North – Draft approved plan of subdivision, future detached dwellings South – Existing single detached dwellings East – Rickard Neighbourhood Park West – Draft approved plan of subdivision, future detached dwellings 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement identifies settlement areas as the focus of growth. Planning authorities are encouraged to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. 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. In the Region of Durham 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, transit-supportive and offer a range and mix of housing types, high quality public open space and easy access to local stores and services. The subject applications are consistent with the Provincial Growth Plan. 5. Official Plans 5.1 Durham Region Official Plan The Durham Region Official Plan designates the lands as Living Areas. Lands designated Living Area permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development conforms with the Durham Region Official Plan. 103 Municipality of Clarington Report PSD-005-18 Page 7 5.2 Clarington Official Plan The Clarington Official Plan designates the lands as Urban Residential. The subject lands are within the Foster Neighbourhood. The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure and types. Neighbourhoods are to be walkable, compact, connected and create a high quality public realm. The proposed development will integrate into the surrounding community and be consistent with the neighbourhood identity that surrounds it. The proposal conforms to the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands Urban Residential Exception (R1-42), Holding - Urban Residential Exception ((H)R1-67) and Holding - Urban Residential Exception ((H)R2-45). The former school site is zoned R1-42 which permits only a public school. The 13 lots that were draft approved and front onto the future extension of Whitehead Drive were zoned (H)R1-67 and (H)R2-45 when subdivision 18T-89059 was draft approved. The proposed Zoning By-law Amendment (Attachment 3) will allow for the development of 51 single detached dwelling units. The lands will have a similar zoning as surrounding developments, to the south and east, and will be in keeping with surrounding development in the neighbourhood. 7. Summary of Background Reports 7.1 Planning Justification Report, D. G. Biddle & Associates, December 2016, updated October 2017 A Planning Justification Report was submitted in support of the applications. The report identifies the Official Plan policies and how the proposal meets the policies of the urban residential designation. The report outlines why an Official Plan Amendment is no longer required after the Region of Durham approved Clarington Official Plan Amendment 107. The report also concludes that the proposed development is compatible with the surrounding community. 7.2 Functional Servicing Report, D. G. Biddle & Associates, December 2016, updated October 2017 A Functional Servicing Report was submitted in support of the applications. The brief provides the details of how the proposed subdivision can be serviced (water, sanitary and storm) from existing and new infrastructure. The report identifies that lots fronting onto future Street A where the grade of the road is higher than 105.0 metre contour (lots 28-33 and 45-51) will need to be put on hold due to lack of water pressure. The holding symbol on the zoning of the lots can be lifted when 104 Municipality of Clarington Report PSD-005-18 Page 8 the Region of Durham has installed a supplementary reservoir to boost water pressure to the area. 7.3 Urban Design Brief, D. G. Biddle & Associates, December 2016, updated October 2017 An Urban Design Brief was submitted in support of the applications. The brief provides an architectural context and design goals while outlining the rationale for the proposed development in terms of the compatibility of built form, massing, density and lot fabric within the greater neighbourhood. 8. Public Submissions A public meeting was held on February 21, 2017. Staff was contacted by one resident prior to the public meeting and four area residents spoke at the public meeting. The main concern raised by area residents was the loss of the future elementary school. Many residents are of the opinion that a new school is warranted and should be located in this neighbourhood. Some residents also inquired about adjacent developments and the timing of projects within the Foster North Neighbourhood. Staff have followed up with residents via e-mail and phone to respond to area residents questions regarding surrounding developments and the school board’s responsibilities for future school construction. 9. Agency Comments 9.1 Durham Region Planning Durham Region Planning Department has no concerns or objections to the approval of the draft plan of subdivision, subject to conditions, or the rezoning applications. The Region stated that the proposed subdivision complies with Provincial and Regional Planning Policy. 9.2 Durham Region Works Durham Region Works Department has no objections to the approval of the draft plan of subdivision, subject to conditions. The Works Department has identified that there is constraints to providing water service to specific lots within the proposed subdivision with existing infrastructure. As the Functional Services Report identified there is a water pressure issue in this area and the existing infrastructure will not be able to provide water to lots that are above 105.0 metre elevation. In addition to the lots 28-33 and 45-51 were identified in the Functional Servicing Report, the Region has identified that lot 44 will also need to be placed on hold. The lots will be removed from hold once a water pumping station has been constructed to address the existing water pressure constraints. Durham Region anticipates issuing a request for proposals for that work. There is no identified timeline for the completion of that project. 105 Municipality of Clarington Report PSD-005-18 Page 9 9.3 Ganaraska Region Conservation Authority Ganaraska Conservation Authority has no concerns or objections to the approval of the draft plan of subdivision. Ganaraska is satisfied that the stormwater management proposed in the subdivision meets the intent of the approved stormwater pond. 9.4 Kawartha Pine Ridge District School Board The Kawartha Pine Ridge District School Board was circulated on the application and provided no comments. 10. Departmental Comments 10.1 Engineering Services has no objections to the draft approval subject to conditions which will be addressed through the subdivision agreement. Among the works the applicant will be required to undertake include the following: R emove the existing median in Grady Drive and repair the road to an acceptable condition; Replace or erect fencing around the lots abutting the park and the park to the east; and Provide a new pathway from the future sidewalks to the existing pathway in the park. Engineering Services also required that lots 19 to 22 be widened to provide for adequate room to accommodate driveway aprons. The future side walk will be adjacent to these lots and there is concern over driveway entrances being located to close together. 11. Discussion 11.1 During the review process staff, together with the applicant reviewed ways to eliminate the need for a cul-de-sac. The revised plan eliminates deficient spacing between intersections, provides good vehicle access through the development and provides pedestrian connections to Rickard Park. The elimination of the cul-de-sac will also allow for an additional lot, making more efficient use of infrastructure. 11.2 The Region of Durham approved Clarington Official Plan Amendment 107 on June 19, 2017. Included in that amendment was the removal of school symbols from Official Plan maps. The removal of the school blocks made the applicants application to amend the Official Plan, COPA2017-0001, redundant and the application is no longer required to facilitate the subdivision application. The Foster North East Neighbourhood Design Plan is also proposed to be amended to reflect the elimination of the school block and introduction of lots and a crescent shaped road as shown in Attachment 1. 106 Municipality of Clarington Report PSD-005-18 Page 10 11.3 Comments received from the public focused on the loss of a future school in the neighbourhood and concerns existing schools were at capacity. The Municipality designates school sites in coordination with the school boards through a Secondary Plan. At the time of development, the school boards independently determine whether to proceed with a site based on school enrollment and the provincial funding formula. Our understanding is that an elementary school may be considered on other lands in the Foster Neighbourhood. 11.4 Currently any future lots over the 105 metre elevation, Lots 28-33 and 44-51, will not be able to be built on due to water pressure constraints. A conditional draft approval dealing with servicing capacity applies equally to other draft approved lands in the Lindvest Subdivision. Durham Region will be undertaking infrastructure improvements in Newcastle that will result in an increase to water pressure to this area. 11.5 The new proposed zoning is similar areas of existing lots developed to the south of the subject lands and future developments to the north, east and west. The zoning will permit single detached dwellings with similar setbacks and development provisions. 12. Concurrence Not Applicable. 13. Conclusion In light of the Kawartha Pine Ridge School Board no longer requiring the school block, the applicant has prepared a plan of subdivision proposing 51 lots for single detached dwellings. The subdivision design has been refined through the planning process to remove the cul-de-sac and providing a crescent street design. The subdivision lots will be similar to the surrounding area and subject to the same Community Theme Plan. The refined plan of subdivision provides improved access to the Rickard Neighbourhood Park from the west. It is respectfully recommended that that the applications for a Neighbourhood Design Plan Amendment, a Draft Plan of Subdivision and Rezoning be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 107 Municipality of Clarington Report PSD-005-18 Page 11 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 - Foster Creek North 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.I :\^Department\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0001 Lindvest\Staff Report\PSD-005-18 Draft Recommendation Report.docx 108 Attachment 1 to Report PSD-005-18 109 P a g e | 1 CONDITIONS OF DRAFT APPROVAL File Number: S-C-2017-0001 Issued for Review: _____________ Notice of Decision: _____________ Draft Approved: ________________ __________________________ David J. Crome, MCIP, RPP Director of Planning Services Municipality of Clarington Part 1 – Plan Identification 1.The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2017-0001 prepared by D.G. Biddle & Associates identified as job number 116037, dated October 5, 2017 which illustrates a total of 51 residential dwelling units, including 32 single detached dwelling lots with a minimum lot frontage of 12 metres, 19 single detached dwelling lots with a minimum lot frontage of 15 metres, 2 blocks and a new road (Street A). The redline revisions are: 1.Widen Block 52 1.5 metres to 9 metres in width and reduce the width of the 13m lots, maintaining a minimum of 12m frontages, eliminating the easement shown on lots 11 and 12. 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 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality of Clarington and the Regional Municipality of Durham (the “Region”). 110 P a g e | 2 2.3 All works and services must be designed and constructed in accordance with the Municipality’s Design Guidelines and Standard Drawings. 2.4 All driveway apron locations must be approved by the Director of Engineering. Architectural Control 2.4 (1) The Owner shall be 100% responsible for the cost of the “Control Architect” to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. (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 111 P a g e | 3 in Section 4.7. After registration of a subdivision agreement, the provisions of the Municipality’s standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3 – Final Plan Requirements 3.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Street A 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (b) Open Space Lands as shown in Block 53 on the draft plan. (c) Servicing Corridor shown as Block 52 on the draft plan for the purpose of providing services to lots fronting onto Street A. 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: Functional Servicing (1) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Ganaraska Region Conservation Authority. Environmental Sustainability Plan (2) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan entitled Energy Conservation and Sustainability Plan, prepared by Lindvest Properties (Clarington) Limited, dated October 4, 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 recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. The plan shall include the location of a shade tree, or provision for a voucher from a local nursery to allow the purchaser to acquire a shade tree to provide passive solar gain during the various seasons. Soils Management Plan (3) 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 112 P a g e | 4 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 (4) 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 Road Improvements The applicant will be responsible for 100% of the cost, financial and otherwise, for the cost of removing the centre median on Grady Drive as well as the restoration of the road. Any final decision regarding the extent of the works required will be made solely at the discretion of the Director of Engineering Services. 5.2 Community Theme Plan The Owner shall adhere to the “Foster Creek North Community Theme Plan” approved by the Director of Planning services and Director of Engineering Services. The plan includes design concepts for a community theme including gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space buffers. All Engineering Drawings shall conform with the approved Community Theme Plan. Part 6 – Agency Conditions 6.1 Region of Durham 113 P a g e | 5 (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. (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) 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. (4) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 6.2 Conservation Authority (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Ganaraska Region Conservation Authority for reports describing the following: (a) The intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. [The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Master Plan]; (c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act. (2) The Owner shall satisfy all financial requirements of the Ganaraska Region Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 114 P a g e | 6 6.3 Canadian Pacific Railway (1) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease and in the title deed or lease of each dwelling within 300 m of the railway right-of-way warning prospective purchasers or tenants of the existence of the Railway’s operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. 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 developm ent 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. (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 115 P a g e | 7 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 Railway Noise, Vibrations and Fencing (1) The Owner shall include the following warning clause in agreements of purchase and sale for Lots 1-51: “The Owner shall insert a clause in all Offers of Purchase and Sale or Lease and in the title deed or lease of each dwelling within 300 m of the railway right-of-way, warning prospective purchasers or tenants of the existence of the Railway’s operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for 116 P a g e | 8 complaints or claims arising from the use of its facilities and/or operations.” 7.5 Nearby Park The Owner shall include the following warning clause in agreements of purchase and sale for Lots 1-51: “Park - The adjacent Block 160 in Plan 40M-2445 is designated for parkland uses including community events and recreation facilities which, when developed, may contain active lighted facilities for night- time services.” 7.6 Nearby Public Walkway The Owner shall include the following warning clause in agreements of purchase and sale for Lot 51: “Public Walkway – This lot abuts Block 160 in Plan 40M-2445 which has been designated for use as a public walkway which, when developed, may contain active lighted facilities for night -time services.” 7.7 Chain Link Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 11, 12, and 48-52: “Chain Link Fencing – Chain link fencing is a required feature between this lot and the adjacent park and/or walkway. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence.” 7.8 Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: “Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision.” Part 8 - Clearance 8.1 Prior to final approval of the plan for registration, the Municipality’s Director of Planning Services shall be advised in writing by, (a) Durham Region how Conditions 6.1 (1) to (4) have been satisfied; (b) Ganaraska Region Conservation Authority how Conditions 6.2 (1) and (2) have been satisfied; and 117 P a g e | 9 (c) Canada Post how Conditions 6.4 (1) 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 five (5) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1N 6A3 (905) 668-7721. (b) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario LIA 3W4 (905) 885-8173. (c) Veridian Connections, c/o Peter Petriw, P. Eng., Manager, Engineering and Construction, 55 Taunton Road East, Ajax, Ontario L1T 3V3. (d) Enbridge Gas Distribution, Sales Development Co-ordinator, 1350 Thornton Road South, Oshawa, Ontario L1J 8C4. (e) Bell Canada, c/o John La Chapelle, Planner, Right of Way Control Centre, 100 Borough Drive, Floor 5 – Blue, Scarborough, Ontario M1P 4W2. (f) Rogers Cable Inc., c/o Cindy Ward, 301 Marwood Drive, Oshawa, Ontario L1H 1J4. (g) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1P 5A1 I:\^Department\LDO NEW FILING SYSTEM\PROCEDURAL MANUALS\Subdivision - 2012 Complete-updated June 2016\S-C 14 - Conditions of Draft Approval.docx 118 Attachment 3 to Municipality of Clarington Report PSD-005-18 Corporation of the Municipality of Clarington By-law Number 2018-______ 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 ZBA2017-0001; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule ‘5’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding – Urban Residential Exception ((H)R1-67) Zone" to "Holding – Urban Residential Exception ((H)R2-45) Zone", from “Urban Residential Exception (R1-42) Zone” to “Holding – Urban Residential Exception ((H)R2-45) Zone”, and from “Urban Residential Exception (R1-42) Zone” to “Holding – Urban Residential Type One (R1) 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 ____________, 2018 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk 119 120 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: January 8, 2018 Report Number: PSD-006-18 Resolution: File Number: PLN 37.0.1 By-law Number: Report Subject: 2018 Seasonal Sidewalk Patios Program; Application, Guidelines and Approval Procedures Recommendations: 1. Report PSD-006-18 be received; 2. That the 2018 Application for Seasonal Sidewalk Patios on municipal property (Attachment 1) be approved; 3. That subject to the provisions outlined in the application and Boulevard By-law 2013- 066 the Director of Engineering Services and Director of Planning Services will review, circulate for comment and approve the site plans for seasonal sidewalk patios; 4. That exceptions to the Traffic and Parking Bylaw 2014-059, Section 20(1) Retail Sales be granted for the sidewalk patio locations; 5. That Council authorize staff to take all necessary actions to assist with the implementation for the summer 2018 season; 6. That Staff report on any issues encountered with the 2018 patio season and recommend any necessary amendments for future years; and 7. That all interested parties and any delegations be advised of Council’s decision. 121 Municipality of Clarington Report PSD-006-18 Page 2 Report Overview Council approved a pilot project to permit restaurants in downtown Bowmanville and Newcastle to use on-street parking as the sidewalk and/or patio for patrons to eat and drink outdoors. Staff were requested to develop guidelines and approval procedures. This report sets out the application, guidelines and approval process for 2018. 1. Background 1.1. Seasonal Sidewalk patios are uses within the municipal road allowance for pedestrian- oriented amenities that improve liveability, enhance the pedestrian experience, activate the street and support local business. 1.2. In May, 2017, Council adopted Report PSD-033-17 which provided for: a) A process for a pilot project in 2017 should any restauranteurs wish to implement a sidewalk patio or streatery; b) Council set aside $15,000 from the 2017 and prior years Community Improvement Plan grants allocation for both Newcastle and Bowmanville to be used as incentive to assist a restaurant with implementation; and c) Planning Services were to develop Guidelines and Approval Procedures for privately- initiated seasonal sidewalk patios on municipal road allowances for the 2018 summer season. 1.3 When the restaurants on King Street in the Bowmanville BIA area and King Avenue in the Newcastle BIA area were contacted there was positive feedback and response. In May, Council adopted the recommendations of Report PSD-033-17, the restauranteurs where contacted again so that we could work with potential locations. 1.4 Fourteen restaurants in Bowmanville’s downtown core and five restaurants in Newcastle’s downtown core were approached with respect to their potential interest in developing a seasonal sidewalk patio. As reported in May 2017 as part of PSD-051-17, two restaurants in Bowmanville were interested in pursuing such a development. In Newcastle there was general support from the restauranteurs, with one restaurant being interested. Staff met with these potential proponents to outline the pilot project and engage in further discussion. 1.5 For the restauranteurs the main criteria in wishing to participate in a sidewalk patio initiative was contingent on being able to serve liquor and assurance that the investment they were making would be for more than a single season. Based on this criteria we have a single restaurant in each downtown area that are willing to invest in the additional site furniture required for a seasonal sidewalk patio. Both preferred to delay until 2018 to have a full season of operation. 122 Municipality of Clarington Report PSD-006-18 Page 3 2. Guidelines and Approval Procedure 2.1 Municipal staff have now developed an Application Form for prospective seasonal sidewalk patios for 2018 which is Attachment 1. 2.2 Staff have met with the restaurant owners that are interested in pursuing a sidewalk patio, own or have a long-term lease of their location and have capacity to include the patio area in their liquor license. 2.3 At this time only one location in Bowmanville and one in Newcastle have come forward with interest in a patio on the sidewalk with the rerouting of the sidewalk via the parking spaces. The locations are 36 King Street East in Bowmanville and 28 King Avenue East in Newcastle. Implementation is contingent on the restauranteurs working with the Municipality for the implementation of their sidewalk patio on the municipal sidewalk and obtaining an amendment to their liquor licenses. 2.4 To ensure the rerouting of the sidewalk is carried out in a manner that considers and manages the risk posed to pedestrians it is recommended that the Municipality be responsible for the construction and off-season storage of the sidewalk extension. This work (see Figure 1 and 2) would be carried out by a contractor with the funding allocated by Council Resolution #C-143-17. The restaurant owners would be responsible for the sidewalk patio area on the existing sidewalk; including railing separation, planters, tables, chairs, heaters, lighting, umbrellas/awnings, etc. (Figure 3 and 4). Figure 1: Construction of Sidewalk in parking space Figure 2: Sidewalk separated from traffic with a railing 123 Municipality of Clarington Report PSD-006-18 Page 4 Figure 4: Railings, furniture and planters by restaurant Figure 3: Unimpeded sidewalk flow The fee that the restauranteurs would pay a flat rate for the sidewalk area to cover the costs of the parking revenue loss and pay for the ongoing operating costs for the removal, maintenance and storage of the sidewalk. 2.5 The restaurants would be required to provide drawings and follow a review process similar to site plan. In addition, there are fees relating to inspections by Building Division and Fire Services that are applicable. 2.6 There are coffee shops and cafés that do not have liquor licences who have placed tables and chairs adjacent to their storefronts. Provided this street furniture is maintained by the café owner and does not narrow the sidewalk below 1.8 metres they have historically been allowed. However should the furniture impede pedestrian access, municipal law enforcement has the right to remove the impediment as outlined in the Boulevard By-law 2013-066. 3. Community Support 3.1 Council Council identified seasonal sidewalk patios as an element that would help to enliven historic downtowns. Council approved $15,000 from the CIP funds in Bowmanville and Newcastle to help incent restaurant owners to develop sidewalk patios. It is recommended this funding be used for the construction of the sidewalk extensions necessary to permit the two potential locations to proceed. The sidewalk construction would be contracted out. The construction and storage of the sidewalk extensions would be the municipal contribution to the sidewalk patios. 124 Municipality of Clarington Report PSD-006-18 Page 5 3.2 Bowmanville BIA The BIA executive understand sidewalk patios can be a people generator and would enliven the street but had concerns when staff met with them in May. The concerns pertain to the width of the sidewalks not being conducive to this type of activity without the loss of parking spaces. In addition, there was concern for the safety of patrons and their comfort given the speed and frequency of traffic on King Street. The side streets (Division, Temperance and Silver) were recommended as better locations for sidewalk patios. There was also concern regarding design, they would like the heritage theme provided for by the streetscape to be continued. Staff again met with the Bowmanville BIA in November to review the proposed recommendations for the single location in downtown Bowmanville. The BIA executive agreed that a pilot location for the 2018 season would assist in addressing the concerns previously identified. 3.3 Newcastle BIA The attendees at the May meeting were supportive of enlivening the street with additional activity, they feel it would increase business within the BIA as people may be encouraged to linger. There is concern regarding the number of parking spaces that may be taken up; to address this issue additional wayfaring signage directing people to public parking areas and limiting the number of spaces removed from King Avenue was suggested. The general feeling was that implementation for a restaurant may be challenging given the cost, storage, operational issues and maintenance. It was noted, that while each restaurant will have to make their own decision, having the option is appreciated. 3.4 Office of Economic Development The Clarington Board of Trade undertook a Business Retention and Expansion study of the retail sector in 2016. The study did not have any questions specific to sidewalk patios and no comments were received. The study did include questions on parking adequacy. Expansion of parking opportunities was a recurring response in Bowmanville, less so in Newcastle where it was considered to be adequate. 3.5 Tourism Opportunities Tourism operators in other local municipalities have received feedback from visitors that sidewalk dining opportunities would be appreciated. In other municipalities where seasonal sidewalk patios have allowed an increase in visitor numbers and activity has been noted. A spin-off benefit has been visitation to other downtown businesses. The restaurants and adjoining businesses experienced increased sales. 125 Municipality of Clarington Report PSD-006-18 Page 6 3.6 Accessibility Staff have reviewed the application form and requirements with the Accessibility Co- ordinator and met with the Accessibility Advisory Committee. All patios must maintain the requirements of the Accessibility for Ontarians with Disabilities Act. In addition, the location and dimension of the patio entrances, exits, and access to washrooms, are to be in accordance with the Integrated Accessibility Standards for the Design of Public Spaces. 4. Concurrence This report has been prepared in consultation with the Director of Engineering Services, the Director of Operations, Fire Chief, Director of Finance and the Clerk, whom all concur. 5. Strategic Plan Not applicable. 6. Conclusions Staff are recommending that we continue to work with the two restauranteurs, Kitchen 36 in Bowmanville and The Snug in Newcastle using the application from and process outlined in this report. The restaurants would be responsible for providing drawings of the patio area they intend to occupy on municipal property. The drawings will be reviewed by Municipal staff from the affected departments in a similar manner to a site plan. The restaurant would be responsible for installation of the railing, planters, site furniture as per their approved drawings. The restaurant will be responsible for obtaining the necessary insurance as outlined in the application and entering into a licence agreement for the sidewalk area to address the municipal right-of-way occupancy. In addition, the restaurant will be responsible for applying for and obtaining the liquor license amendment to cover the sidewalk patio area. A follow-up report in the fall of 2018 will be brought forward outlining any issues encountered for the 2018 seasonal sidewalk patios and making recommendations for future seasonal sidewalk patios. This will include any necessary amendments to the application form. 126 Municipality of Clarington Report PSD-006-18 Page 7 Submitted by: Reviewed by: David Crome, MCIP, RPP, Andrew C. Allison, B.Comm, LL.B Director of Planning Services CAO Staff Contact: Faye Langmaid, Manager, Special Projects, 905-623-3379 x2407 or flangmaid@clarington.net DC/FL/tg/ah Attachment 1 – 2018 Application for Seasonal Sidewalk Patios on Municipal Property List of interested parties: Bowmanville BIA, c/o Edgar Lucas Brad McIlroy, Kitchen 36 John Walsh, The Snug Newcastle BIA, c/o Valentine Lovekin 127 Attachment 1 to Report PSD-006-18 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. 2018 Application for Seasonal Sidewalk Patios on Municipal Property Please ensure all information is included in the application. Incomplete applications will not be accepted. Please return this application by 4:00 PM on March 2nd, 2018. Business Information Owner Name: Phone Number: Registered Name of Business: Operating Name of Business: Street Address of business: Postal Code: E-Mail: After Hours Contact 1 Name: Phone number: After Hour Contact 2 Name: Phone Number: Checklist Requirement Y/N Copy of complete outdoor serving area application Copy of business name registration Site plan including temporary sidewalk and dimensions (see appendix A) Copy of current liability insurance (see appendix B) Copy of AGCO liquor license for principal establishment and patio Outdoor serving area license fee payment cheque Patio sidewalk lease payment cheque Municipal Information Form for the Alcohol and Gaming Commission of Ontario (AGCO) and associated fee Fees Municipal Information Form for the AGCO No charge Fire Review and Inspection Building Review and Inspection $247.59 $153.47 Patio sidewalk license A flat rate of $1500 will be charged to cover lost parking revenue and annual operation costs $1500 flat rate 128 Attachment 1 to Report PSD-006-18 Applicants are encouraged to also review the following guidelines and requirements to ensure their application and operations are in compliance with Municipal expectations. Appendix A – Site Plan and Design Requirements Appendix B – Liability Insurance Requirements Appendix C – General Conditions Appendix D – Post-submission evaluation I/We hereby make application to the Corporation of the Municipality of Clarington (“heretofore and hereafter “Clarington”) to occupy the right of way for the purpose described and agree to abide by the conditions of this permit and other applicable Municipal bylaws. I/We agree to assume all liability and/or cost as a result of road occupancy to maintain the work area and to indemnify and save harmless Clarington until final completion and approval. I understand this is a competitive process and that application for a patio does not guarantee that I will be selected. I understand that the project is not guaranteed to continue in future years. Agreement I, the undersigned have read and understood the information provided and agree to abide by all conditions and provisions listed on this permit application, and permit if issued. Authorized Representative Signature: Date: DDMMYY 129 Attachment 1 to Report PSD-006-18 Appendix A – Site Plan and Design Requirements Your patio design must conform to the following requirements. Site Plan Requirements: a. Location and dimension of the patio entrances, exits, and access to washrooms, in accordance with the Integrated Accessibility Standards for the Design of Public Spaces. b. Location and use of the adjacent buildings and their entrances and exits. c. The location and dimensions of the patio and its entrances and exits. d. Area of the patio in square metres e. Width of sidewalk occupied in metres f. Length of sidewalk occupied in metres g. Number of parking spaces occupied h. Width of sidewalk that will remain unobstructed i. The location and dimension of any enclosures, umbrellas, tents, awnings, etc. j. The location, height, and construction material to be used for the boundary fence, gate location, and width of gate k. Location of fire extinguishers l. Location of tables, chairs, other furniture or installations, etc. and the distance between them to demonstrate how your patio will be accessible to patrons with limited mobility m. Location of all municipal services and/or assets within or adjacent to the patio (e.g. location of curbs, municipal parking spaces, sidewalks, hydrants, storm sewer grates, manholes, trees, hydro poles, streetlights, benches, garbage cans, sign poles, etc). Identify whether any of these elements would need to be removed or relocated to accommodate the design. Additional fees may apply for removal or relocation ($200 for the removal and replacement of a feature such as a bench or garbage can, if permitted) n. The access to municipal improvements such as trees o. The location of Durham Region or GO Transit stops close to the patio p. The location of curb cuts close to the patio q. The address of your business r. The width of the sidewalk at each point of your frontage where it varies s. The width of the sidewalk as it will be with your proposed patio t. The length of the sidewalk impacted by your patio u. The number of parking spaces required to be occupied v. The number of seats on your patio w. The maximum occupant load of your business and patio according to the Ontario Building Code 130 Attachment 1 to Report PSD-006-18 Design Requirements a. All patios must maintain the requirements of the Accessibility for Ontarians with Disabilities Act. These guidelines set out basic requirements of the AODA. It is the responsibility of each business to ensure their own compliance with the Act. b. A minimum passable sidewalk width of 1.5m must be maintained at all times to ensure accessibility for pedestrians. 1.8m minimum width is preferred. c. Patios are not permitted to reduce the width of the traffic lanes of the public street. A minimum street width of 6m must be maintained at all times to ensure adequate width for emergency vehicles d. Patios are not permitted to occupy more than 2 parking spaces. e. Entrances to the patio, aisles within the patio, and all public areas must be maintained in a manner that ensures the accessibility of patrons of all levels of ability (preferably 860mm). f. Design materials must be in keeping with the heritage character of downtowns. Plastic and polyvinyl is not permitted. Composites are permitted provided their appearance mimics the above-described materials. For input on potential design concepts, contact the Planning Services Department. g. Awnings, umbrellas and other fixtures must be maintained. h. Barriers between the sidewalk extension and the patio should feature planting boxes and be maintained by the restaurant. i. No objects are permitted to overhang the sidewalk. j. The Applicant may only occupy and use the outdoor patio after any installed structures have been approved in writing by Clarington. Clarington responsibilities: k. Temporary sidewalk design, location and dimensions, grade, construction material, safety and load bearing will be Clarington’s responsibility. Construction will be by a contractor. l. Exterior barriers onto on-street parking spaces must be affixed with high- visibility reflective markers for nighttime visibility. m. Wooden sidewalk extensions will include safety traction tape to reduce the chances of pedestrians slipping. 131 Attachment 1 to Report PSD-006-18 Appendix B – Liability Insurance Requirements Please provide proof that you are compliant with the following liability insurance requirement You must hold and provide General Liability Insurance from an insurer licensed in the province of Ontario for $2 million per occurrence with an aggregate limit of no less than $5 million to the Corporation of the Municipality of Clarington against any liability for property damage or personal injury, negligence including death which may arise from the applicants operations under this agreement. The Corporation of the Municipality of Clarington must be included as an “Additional Named Insured”. In addition the Commercial General Liability shall contain Cross Liability and Severability Clauses and Products & Completed Operations coverage including a standard contractual liability endorsement. Appendix C – General Conditions Your operation of an outdoor patio must conform to the following requirements. General conditions a. Any person or persons intending to occupy a portion of the municipal right of way for any purpose, including a portion of the sidewalk, boulevard, or on-street parking must first receive permission from Clarington. b. Patios will not be installed before April 10 and will be removed no later than October 30. c. Permission to install a patio for the 2018 season does not entitle a business to any right or expectation to be able to install a patio in subsequent seasons. d. Any required sidewalk extensions must be completed before obstruction of a sidewalk for construction or operation of a patio. e. The applicant assumes all maintenance and liability for the patio and may be required to undertake alterations or repairs as are required by Clarington to maintain safety and accessibility. f. Clarington retains the right to access the patio and/or sidewalk extension if needed for maintenance or emergency access to municipal property. g. Permission to occupy the municipal right of way becomes null and void if the applicant should fail to meet the requirements set out in this application and other applicable documents, in which case, Clarington shall be at liberty to take any action it deems necessary to repair the patio or to reinstate the site to its original condition for public protection at the expense of the applicant. In all cases the decision of Municipal staff is final. h. The applicant shall maintain access to all public and private properties for the duration of the work. 132 Attachment 1 to Report PSD-006-18 i. All municipal property, including the sidewalk, lighting, or other features will be returned to their initial condition or repaired of any damages. Damages not repaired by the applicant will be repaired or replaced by Clarington at the applicant’s cost. j. No business shall be eligible to operate an outdoor patio unless the business is in compliance with all Clarington’s requirements. k. The Applicant shall be deemed to be the “constructor” and the “owner” for all purposes under the Occupation Health and Safety Act for the railings and restaurant features on the sidewalk. The Applicant shall further be deemed to be the “occupier” for all purposes under the Occupiers Liability Act. l. The Applicant agrees to indemnify and save Clarington harmless from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties, interest and/or legal fees on a substantial indemnity basis arising in connection with any matter that may arise from the issuance of a permit hereunder or the activities that occur on a patio. m. Clarington retains the right to access any planters, baskets, light posts, or other infrastructure for watering, maintenance, or other matters. Clarington may elect not to install planters at the location of the patios. n. Any costs, expenses or liabilities incurred by Clarington as set out above may be collected by Clarington by means of invoicing for the costs. o. The Applicant agrees to provide Clarington with a letter from a qualified person, after patio construction/installation and before beginning operations, confirming that construction completed is in general conformance with the approved design. Operating Requirements a. Restaurants operating an outdoor patio must be open at a minimum during the following hours: Tuesday to Saturday: 11:30 AM to 9:00 PM b. The operations of the business and patio must be in compliance with Clarington’s Noise By-Law (2007-071) as amended. c. The owner shall ensure that the area around the patio is kept clear of litter, waste, cigarette butts, and refuse. d. No person shall operate an outdoor patio on any municipal property other than that for which permission has been granted. e. No person shall permit the consumption of alcoholic beverages within any outdoor patio area unless such area is licensed under the provisions of the Liquor License Act to permit the consumption of alcoholic beverages and unless such outdoor patio extension is operated in conjunction with a business holding a valid Liquor License. f. Where such premise is licensed to permit the consumption of alcoholic beverages, no person shall serve or allow the consumption of alcoholic beverages contrary to any law. g. Outdoor patio operations are only permitted during hours authorized by Clarington. At 133 Attachment 1 to Report PSD-006-18 h. the time of application for the 2018 season, operations of the patio must cease between the hours of 10:00 PM and 7:00 AM. On Fridays and Saturdays in the months of July and August, patios are permitted to remain open until 11:00 PM. No person is permitted to be in or remain in the outdoor patio during these hours. Clarington reserves the right to change these hours. Appendix D – Post-submission evaluation Submission of a complete application is not a guarantee of permission being granted for an outdoor patio. Applications will be evaluated by staff to determine which will be selected. Applications will be circulated to appropriate departments and partner organizations for their comments. Criteria Criteria Explanation Location Sites that are located in ways that are complementary to the existing street design and require less extensive change to existing use and management patterns will be preferred. Design Material choice – Appropriate heritage materials and design. Streetscape – Attractive design elements for both patrons and pedestrians. Safety Sites that pose fewer challenges to traffic and pedestrian movement and sightlines will be preferred. Accessibility Sites that more fully ensure the accessibility of the sidewalk and patio for all patrons, in part through greater sidewalk width, will be preferred. Sites should not reduce accessibility by proposing the displacement of parking designated for persons with disabilities. Potential Preference will be given to patios that offer greater potential to demonstrate the economic benefit of the program. 134 Planning Services Report If this information is required in an alternate accessible format, please contact the at 905-623-3379 ext. 21. Report To: Planning and Development Committee Date of Meeting: January 8, 2018 Report Number: PSD-007-18 Resolution: File Number: PLN 17.1.6 By-law Number: Report Subject: Environmental Stewardship, 2017 Annual Report Recommendation: 1.That Report PSD-007-18 be received for information. 135 Municipality of Clarington Report PSD-007-18 Page 2 Report Overview Council provides annual funding for an ongoing Environmental Stewardship Program. The program encourages citizens and groups to carry out initiatives that improve municipal lands, such as valleylands and other natural areas. Since 2011, this program has also included the replanting of trees along country roads. The benefits of the program go beyond the monetary value of the projects as they include increased tree canopy cover and wildlife habitat, climate change mitigation, community beautification, local history preservation and community engagement through volunteerism. In 2017, 688 saplings were planted along rural roads and the invasive species eradication project was continued. 1. Background Since 2002, Council has provided annual funding for an ongoing environmental stewardship program. When approving projects for funding, Staff review projects to ensure general public benefit, the municipal contribution is being matched by in-kind contributions (labour and/or materials), and that the project meets the long-term objectives of the Municipality. The purpose of this report is to inform Council of how the funds have been used in 2017. 2. 2017 Stewardship Projects 2.1. Trees for Rural Roads Clarington initiated the Trees for Rural Roads (TRR) program in partnership with Central Lake Ontario Region Conservation Authority (CLOCA) and Ganaraska Region Conservation Authority (GRCA). The goal of the program is to plant trees along country roads for the benefit of the environment and local communities. Increasing tree canopy cover improves wildlife habitat, and enhances environmental services including carbon sequestration and cooling of roadways. Trees are offered free of charge to rural residents to be planted on private property adjacent to the roadways. Participants have their choice of native tree species including: sugar and red maples, white pine, white spruce, white birch, and red and white oak. The TRR program is announced through articles in local newspapers, the Planning E- update and the Municipal website. Applications were received by the March 31 deadline, and in late April, 688 saplings were distributed to 47 property owners and planted throughout Clarington (Attachment 1 – Map of the roadways planted to date). 136 Municipality of Clarington Report PSD-007-18 Page 3 Applications are reviewed by the Conservation Authorities to ensure that planting locations support the intent of the project, do not conflict with municipal infrastructure, and trees have an appropriate separation from each other and from the road. Since 2013 the program has received partial funding through Maple Leaves Forever (MLF), a registered charity that advocates and supports the planting of native Canadian maples across the rural and urban landscape of southern Ontario. Native maples were subsidized at a rate of one third of the purchase price of the planting stock. A feedback survey of TRR participants is undertaken in order to help improve the program for future years. All participants who responded indicated that they were pleased with the program, planting information and pickup location. Overall the response and satisfaction of rural residents with this program and its goals is very high. In August overall survival rate appeared to be in the 95% range. Overall the response and satisfaction of rural residents with this program and its goals is very high. 2.2. Invasive Species Workshop and Eradication Environmental Stewardship funds assisted CLOCA and Friends of the Farewell with the Invasive Species eradication project. The focus of the eradication is phragmites within the valleylands of the Farewell Creek. An existing online stormwater detention pond, located in the Black, Harmony, Farewell Creek watershed was targeted as a pilot project for management of the invasive species, Common Reed (Phragmites australis). This invasive perennial grass is having an impact on meadow and wetland habitats across the province and is easily spread through construction activities, wind and water. The size of the population of phragmites at this site was deemed appropriate for a pilot project. A Memorandum of Understanding was developed between the Municipality of Clarington and Central Lake Ontario Conservation Figure 1 and 2: Helpers load up 137 Municipality of Clarington Report PSD-007-18 Page 4 to manage this population through a partnership with Courtice Eco Projects. CLOCA staff collected native seed of non-invasive species from the site in 2016 and students from Courtice Secondary School grew these out in their green house with modest success. The site was revisited in spring 2017 to determine the need for follow up herbicide applications based on sprouting from the phragmites colony. A second treatment was not recommended due to wet conditions throughout the spring and summer months. CLOCA staff completed baseline monitoring at the two sites to quantify success of the 2016 herbicide application. In general, CLOCA staff have analyzed the data below showing an 88% decline in stem density. CLOCA staff note a greater diversity of native species present on the east side of George Reynolds with seven native species observed and one native species (jewelweed) on the west side of George Reynolds. It is recommended that follow up treatment as well as monitoring continue in 2018. The treatment will include herbicide application and or spading. The herbicide application would require a licensed contractor and the spading activity can be done by volunteers in July and August. Spading involves the use of a spade and cutting the plant stem below the soil level to reduce vigor in the overall root structure. Both sites have been combined as the Courtice Phragmites Management Site under the Phragmites Adaptive Management Framework (PSMF). The PSMF is a Great Lakes basin collaboration to monitor outcomes of managed phragmites stands in the US and Canada to improve our understanding about management techniques for site specific conditions throughout the basin. The monitoring under this program was completed and entered into the PSMF database. Restoration planting will commence once the phragmites population is deemed to be under control and no longer requiring herbicide application to manage. Funds have been applied to and approved by TD Friends of the Environment to develop a restoration plan and cover the costs of planting native wet meadow plants. The Municipality has committed $1000 funding toward costs associated with this project. 3. Concurrence Not applicable. 4. Conclusion The Environmental Stewardship Program in Clarington is an initiative that has been well received in the community. Since 2002 over $110,000 (an average of only $7,300 annually) has been invested in numerous projects; however, the value of the in-kind contributions is much more. The benefits of the program goes well beyond the monetary value of the projects to include increased tree canopy cover and wildlife habitat, climate change mitigation, community beautification, local history preservation, and community engagement through volunteerism. Clarington “led the way” with the TRR program and invasive species eradication project which are being adopted by other local municipalities. 138 Municipality of Clarington Report PSD-007-18 Page 5 Additional programs for the renewal of urban street trees is necessary to address the adverse effects of the Emerald Ash Borer (another invasive species), canopy damage from severe storms and climate change. An Urban Forestry Plan is necessary to address these issues. 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services CAO Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid@clarington.net Attachments: Attachment 1 – Trees for Rural Roads Map of Plantings for 2012 - 2017 DJC/FL/ah I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 17 Environment\PLN 17.1 Trees\PLN 17.1.6 Environmental Stewardship\Staff Reports\PSD-007-18.docx 139 Attachment 1 to Municipality of Clarington Report PSD-007-18 140 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: January 8, 2018 Report Number: PSD-008-18 Resolution: File Number: L2020-11 & PLN 1.1.23 By-law Number: Report Subject: Bill 139 - Building Better Communities and Conserving Watersheds Act, 2017 Recommendation: 1.That Report PSD-008-1 be received for infor mation. Municipality of Clarington Report PSD-008-18 Page 2 Report Overview Bill 139 received royal assent on December 12, 2017. The Ontario Municipal Board will be renamed the Local Planning Appeal Tribunal. It is anticipated that there will be changes to the rules of practice and procedure of the renamed tribunal. There will be new limitations on appeals for certain land use planning matters. Bill 139 also enacts certain amendments to the Conservation Authorities Act. The new legislation has not yet come into force and effect. Draft regulations have been published that would clarify the transition rules pertaining to Bill 139. 1. Background 1.1 Enactment of Bill 139 On December 22, 2017, the Ontario Legislative Assembly enacted Bill 139, entitled the Building Better Communities and Conserving Watersheds Act, 2017. The new legislation embodies a number of legislative reforms pertaining to the land use planning decisions of all Ontario municipalities. Those legislative changes are summarized in this report. 1.2 Changes to the Ontario Municipal Board The Ontario Municipal Board (“OMB”) was one of the very first administrative tribunals established in the Province of Ontario. It has been in continuous existence since its creation in1906 under the name of the Ontario Railway and Municipal Board. A part of this lengthy history is that the duties and jurisdiction of the OMB have been subject to almost continuous modification and reform. Bill 139 represents the latest of these changes. Under Bill 139, the OMB will be renamed the Local Planning Appeal Tribunal (“LPAT”). It is expected that the new name will be followed by new rules of practice and procedure, the details of which will not be known until they are published. One feature of the operation of the LPAT that will be different from the current rules is that certain appeals of decisions regarding official plans, zoning by-laws, or plans of subdivision made under the Planning Act will be subject to a mandatory case management conference. The case management conference is intended to mediate and settle disagreements among the parties. Municipality of Clarington Report PSD-008-18 Page 3 1.3 Creation of the Local Planning Appeal Support Centre Pursuant to Bill 139, the Province will create a Local Planning Appeal Support Centre (the “Support Centre”). The purpose of the Support Centre will be to establish and administer a cost-effective and efficient system for providing assistance to persons having involvement in appeals of decisions under the Planning Act. Specific details regarding the services to be offered by the Support Centre have not yet been released, however there is an indication that eligibility for these services could be linked to financial need. 1.4 Amendments to the Planning Act Bill 139 makes extensive amendments to the Planning Act, particularly in relation to the right of persons to appeal the land use planning decisions of a municipal council. Under current legislation, land use decisions of the municipal council that are appealed are subject to reversal or modification pursuant to the broad jurisdiction of the OMB. Under the new legislative scheme, the permitted grounds for an appeal of the adoption of an official plan (or an amendment to an official plan) or of the enactment of a zoning by-law (or an amendment to a zoning by-law) will be much more limited. Specifically, the grounds for such appeals will be restricted to issues of consistency or conformity with provincial plans and policy statements and, as applicable, conformity with official plan policies of a local or upper-tier municipality. Similar restrictions are placed on appeals of refusals and non-decisions of requests to amend an official plan or a zoning by-law. These changes represent a significant reduction of the grounds of appeal available to an aggrieved party and notionally will reduce the number of appeals and provide much greater deference to the land use planning decisions of the municipality. In the instance that an appeal is allowed on the limited grounds outlined above, there will also be a requirement that a municipality be given a second opportunity to consider a matter before the LPAT would substitute its own decision for that of the municipality. This will be a significant process change, as municipal council will have a report from the LPAT to consider before the matter goes to a full hearing. The timelines for a municipal council to make a decision related to an application for an official plan or zoning by-law amendment have been extended by 30 days to 210 and 150 days, respectively. Currently under subsection 38(4) of the Planning Act, anyone who is given notice of the passing of an interim control by-law may appeal the by-law within 60 days of the date of enactment. Bill 139 amends this section so that only the Minister may appeal an interim control by-law when it is first passed. However, if an interim control by-law is extended beyond the one year initial time frame, any person or public body who is given notice of the extension can still appeal the extension. Bill 139 provides eliminates all appeals of official plan updates, including conformity amendments, if the approval authority is the Minister. This new provision will not impact appeal rights in respect of the Clarington Official Plan. Municipality of Clarington Report PSD-008-18 Page 4 Other noteworthy amendments to the Planning Act include a provision that during the two year period following the adoption of a new secondary plan, applications for a secondary plan amendment are permitted only with council approval; a requirement that official plans contain policies relating to affordable housing and climate change; as well as a new provision to enable municipalities to adopt official plan policies relating to development in the vicinity of higher order transit stations and stops (e.g. Metrolinx/GO Train). 1.5 Amendments to the Conservation Authorities Act Though perhaps overshadowed by the changes to the Planning Act, Bill 139 also makes several amendments to the Conservation Authorities Act. These changes include amendments in relation to the membership and governance of a conservation authority and a requirement that meetings of the Board of a conservation authority be open to the public (subject to certain exemptions). As well, the maximum term of office for a director is increased from three to four years. There are new rules for when a conservation authority may charge a fee for its programs and services as well as new rules for determining the amount of the fees charged. Under existing legislation, the recovery of costs and expenses by a conservation authority from its participating municipalities derives from the apportionment of the benefit to each participating municipality. The Bill 139 changes provide that the apportionment will be determined in accordance with regulation, the details of which have not yet been released. 1.6 Date of Proclamation Although Bill 139 was enacted and received royal assent on December 12, 2017, there is currently no date identified for its provisions to come into force. The effective date of the legislation is to be named by proclamation of the Lieutenant Governor. Although the exact date is not known at this time, some commentary suggests it could be as early as the first half of 2018. 1.7 Proposed Transitional Regulations The Province has addressed the need for clarification surrounding how matters will be transitioned from the OMB to the new LPAT. Draft regulations have been published to the online Ontario Regulatory Registry that provide for such transition. The proposed transitional measures are complicated, and staff should be consulted on any questions of whether the new rules apply to any particular appeal. Generally speaking, however, the new rules will apply only to matters that have been appealed after the Bill 139 amendments come into force. Most or all present appeals of Clarington’s decisions under the Planning Act will continue to be governed under the rules and provisions in place prior to Bill 139. The Province will be accepting input on the proposed regulations until January 21, 2018. Municipality of Clarington Report PSD-008-18 Page 5 2. Strategic Plan Application Not applicable. Submitted by:Reviewed by: David Crome, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services Submitted by: Robert Maciver, LL.B., MBA Municipal Solicitor Staff Contact: David Crome, Director of Planning Services, 905-623-3379 ext 2401 or dcrome@clarington.net There are no interested parties to be notified of Council's decision. Planning Services Report If this information is required in an alternate accessible format, please contact the at 905-623-3379 ext. 21. Report To: Planning and Development Committee Date of Meeting: January 8, 2018 Report Number: PSD-009-18 Resolution: File Numbers: PLN 37.1.1, 37.2.1, 37.3.1, 37.4.1 By-law Number: N/A Report Subject: Community Improvement Annual Report for 2017 Recommendations: 1.That Report PSD-009-18 be received; and 2.That all interested parties listed in Report PSD-009-18 and any delegations be advised of this information report. 146 Municipality of Clarington Report PSD-009-18 Page 2 Report Overview The Bowmanville, Orono and Newcastle grant programs under the Community Improvement Plans continue to be effective incentives for renewal of the downtowns. The Courtice Community Improvement Plan was adopted by Council in the fall of 2016 as a tool to encourage high quality and intensify development along Highway 2 in Courtice. The focus during 2017 has been the review and renewal of the three downtown Community Improvement Plans (CIPs). There was little grant activity (only two applications). This provided staff with the opportunity to address the outstanding commitments and address the issues and concerns raised by the CIP liaison groups. The amendments to the CIPs are a separate public meeting report (PSD-001-18). 1. Background Council adopted Community Improvement Plans (CIPs) for Bowmanville and Orono in 2005 and Newcastle in 2008. The Courtice Community Improvement Plan was adopted in late 2016. The Community Improvement Plans allow the Municipality to provide incentives to business and property owners within a specific geographical area and specific grant programs in each urban area according to its Plan. The Orono, Newcastle and Bowmanville plans focus on grants for existing buildings and enhancing the downtown streetscape. The Courtice plan focuses on grants that will encourage development and redevelopment of a Regional Corridor, Highway 2. The business and property owners of the different Community Improvement Plan areas are notified via the municipal website, pre-consultations, front counter inquiries and through word of mouth of the Community Improvement Plan programs. 1.1. CIP Liaison Group Concerns and Recommendations The three historic downtown Community Improvement Plans (Orono, Newcastle and Bowmanville) have liaison groups which meet on a quarterly basis. The liaison groups are apprised of any issues arising in the area, assist staff in spreading the word about the grant programs and identifying issues. The liaison groups provide feedback to staff on the effectiveness of the current grant programs and identify concerns of business and property owners who are looking to use the grant programs. As part of the annual reports in 2015 and 2016 the liaison groups raised the issue of accessibility and also whether additional programs geared towards merchants rather than building owners could be developed. Adding accessibility grants to the suite of grants available has been recommended as part of the amendments in Report PSD-001-18. It is anticipated that there will be numerous applications in 2018 due to the pent-up demand for this type of grant. 147 Municipality of Clarington Report PSD-009-18 Page 3 Developing programs geared to merchants rather than building owners is difficult as public funding is typically provided for physical improvements. Some building owners perceive incentives to merchants as an excuse to abdicate responsibility for maintaining their property; and merchants are not willing to make the investment in buildings they do not own. The CIP amendments include 10 year renewal clauses for signage, façade improvement and building code upgrades to allow early grant recipients to refresh and improve their business locations. Also a signage grant has been added to the grant program for Bowmanville. Clarington Board of Trade and the Municipality co-hosted a meeting in January 2017 to review the results of the retail sector Business Retention and Expansion (BR+E) study and set the stage for the CIP review and renewal. The CIP liaison groups were invited to this session. The BR+E study encompassed many retail businesses outside of the CIP areas, therefore a drill down into the information was carried out to obtain area specific information. The results of the BR+E study were analyzed as part of the background to the CIP review. The major finding was that many were unaware of the CIP programs, thus additional communication brochures and techniques are recommended. The CIP liaison groups met jointly in May 2017 to discuss common issues, hear a presentation on energy efficiency programs and grants available to businesses and set out the items they would like as part of the review. A discussion on types of additional grants from the best practices review carried out as part of the Courtice CIP were shared with the liaison groups members. In addition, discussion on the tax increment grants set out in the Courtice CIP and why they would not be an appropriate tool for the downtown CIPs occurred. Finally, the liaison groups recommended an annual networking session be held to address common issues. Downtown vacancy is an issue that is not easily addressed by the Municipality but of concern. Some property owners find it advantageous to hold properties vacant because of the vacancy rebate provided on the commercial tax rate. The Province has for the first time ever allowed for the input of local government on the vacancy rebate. Durham Region as the upper tier have sought input from CBOT, the Business Improvement Areas (BIAs) and CIP liaison groups. The Region’s Report #2017-COW -190 outlined the consultation they were undertaking with the local business community and that recommendations on the vacancy unit rebate would be forthcoming in February 2018. 1.2. Community Improvement Plan Activity for 2017 Details of 2017 Activity can be found in Attachment 1. Only two grants were applied for in 2017. Staff attribute this to the following factors: Property owners/merchants were awaiting the results of the review; Early grant recipients were not eligible for a second time grant; Many owners/merchants are awaiting the accessibility grant; and Staff were occupied with the review and not actively seeking grant applications. 148 Municipality of Clarington Report PSD-009-18 Page 4 1.3. Community Improvement Funding To date the Municipality has provided funding of $918,000 for grants in the three downtowns. Community Improvement Plan grant monies are matched by the property owners or merchants on a 3:1 or 2:1 basis depending on the grant. Some construction projects greatly exceed this ratio. Direct public benefit is realized from the increased municipal and private investments in the form of signage, building code upgrades (for example - accessibility) and façade improvements for aging buildings in our central business areas. In many cases the grants are a minor portion of the overall redevelopment and or reconstruction worth many thousands of dollars. It is conservatively estimated that the impact of providing grants to date has spurred well over $3.0 million in investment in the downtowns. The lack of grant activity in 2017 has allowed staff time to review the backlog of committed monies which had been earmarked. As such carry over funds from previous years can more accurately be reported and carry-over funding can be allocated for the anticipated rush in 2018. The Courtice Community Improvement Plan will result in much higher grant amounts because of the focus on prompting significant private investment. Grants will be provided for new development and redevelopment of multi-million dollar projects providing new property assessment. The tax increment grants are related to assessment value increases that the Municipality will forego. The development charge grants will be budgeted for annually to meet the current demand for all development charges incentives and to build up a reserve fund for the future when the Courtice CIP grants will have to be paid out. 2. Concurrence Not Applicable. 3. Conclusion Adding accessibility grants to the suite of grants available has been recommended as part of the amendments in Report PSD-001-18. It is anticipated that there will be numerous applications in 2018 due to the pent-up demand for this type of grant. Part of staff’s work program for 2018 will include the updating and revisions to communications materials for all of the CIP areas. Refresher briefings about the CIP grant programs will be provided for CBOT staff and BIA members. Refresher briefings have already occurred for Building and Development Review staff. Advances in social media technology will allow us to target the CIP areas with specific messaging about the grant programs. Staff will endeavour to visit local business operators. 149 Municipality of Clarington Report PSD-009-18 Page 5 4. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan’s priority to “Facilitate the creation of jobs, attraction of new businesses and expansion of existing businesses”. Submitted by: Reviewed by: Per: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services C A O Staff Contact: Faye Langmaid, Manager of Special Projects x 2407 or flangmaid@clarington.net Attachment 1: Community Improvement Plan Summary Report 2016 The following is a list of interested parties to be notified of this report: Garth Gilpin, Coordinator, Bowmanville BIA Liaison groups for Bowmanville, Newcastle and Orono CIPs c/o Faye Langmaid FL/ah I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 37 Community Improvement Plan\PLN 37.0 CIP General\Staff Reports\PSD-009-18.docx 150 Attachment 1 to Municipality of Clarington Report PSD-009-18 Community Improvement Plan Summary Report 2017 Bowmanville The non-capital funding provided to date for implementation of the Bowmanville Community Improvement Plan is $566,000. Just over $381,000 has been expended. No grant applications were received in 2017. Outstanding commitments are $44,000 in grants, plus the $15,000 for sidewalk patio incentives. Funding of $125,000 from prior years remains. Some 25 properties (many of them have multiple addresses) have received Community Improvement Plan grants. The grants have been for 32 facades, 13 building code related improvements, 13 building permits, five site plan fees and six reconstruction grants. Newcastle The non-capital funding provided to date for implementation of the Newcastle Village Community Improvement Plan is $243,000. Over $162,000 has been expended. One grant application was received in 2017, $23,400 is committed for grants plus $15,000 for sidewalk patio incentives. Funding of $42,000 from prior years remains. To date some 22 Properties have received Community Improvement Project grants in the form of 18 facade improvements, nine signage grants, seven building code grants (most related to accessibility), three site plan control fee and one building permit fee. Many properties have been the benefactors of more than one type of grant Orono The non-capital funding provided to date for implementation of the Orono Community Improvement Plan is $107,000. In addition, funds were expended on the Orono 175th celebrations and the Orono Park 90th celebrations, brochures, hall rentals for meetings and refurbishment and replacement of the Sidney Rutherford Walk signs. Over $85,000 has been paid out in grants. One grant application was received in 2017 and $700 is committed. Funding of $21,700 remains from prior years. To date 22 properties have benefitted from the Community Improvement Project grants in the form of 14 facade improvements, 20 signage grants, two building code grants. Some properties have received more than one type of grant. Courtice The non-capital funding provided to date for Courtice is $56,000. The funding has been used for street trees along Highway 2 at Courtice Road, the Tooley Memorial, the lighting at the parkette at Trulls Road and Highway 2 and limited implementation of banners along Highway 2 from Centrefield to Townline Road. Funding of $20,000 remains from prior years. The Courtice Community Improvement Plan was adopted by Council in late 2016. The grants will focus on providing incentives for increased density and high quality development along Highway 2. 151 Planning Services Report If this information is required in an alternate accessible format, please contact the at 905-623-3379 ext. 21. Report To: Planning and Development Committee Date of Meeting: January 8, 2018 Report Number: PSD-010-18 Resolution: File Number: PLN 34.2.24.1 By-law Number: Report Subject: Heritage Incentive Grant, 2017 Annual Report Recommendation: 1.That Report PSD-010-18 be received for information. 152 Municipality of Clarington Report PSD-010-18 Page 2 Report Overview Six projects received Heritage Incentive Grants in 2017. The Heritage Incentive Grant Program is to assist owners with properties designated under Part IV and V of the Ontario Heritage Act (2005) with financing the cost of repairs and restoration of a designated heritage property. 1. Background In 2013 Clarington established a Heritage Incentive Grant Program to assist properties designated under the Ontario Heritage Act, with financing the cost of repairs and restoration. Designated heritage resources generally contain older and often uncommon features which can make them more costly to maintain and repair. The purpose of this report is to inform Council of how the funds for this program were spent in 2017. 2. Grants 2.1 Program Notification and application requests are sent to designated property owners early in the year with an application submission date of late May. Grants are determined based on the number of qualifying applications and how the work will enhance the designated heritage features. Grants may cover up to 50% of the costs of the eligible work per building to a maximum of $2,000 for exterior work, and $1,000 for interior work, with a maximum of $3,000 per property owner. The property must not be in receipt of other grants or tax incentives from the Municipality and be current with property tax payments. 2.2 2017 Grants Following notification of property owners, a number of inquiries were received in 2017. Applications from six designated properties were submitted for funding. Funding (in the range of 25% or less of the project value) was awarded to six designated properties. Works included: repair and refurbishment of the windows, specifically caulking and resealing; repair of the vestry office, including repairing the original floors and refurbishing the cabinetry; repair of cracking and spalling brick and the repointing of bricks; repair and replacement of the designated roofing materials (two properties); and repair of the front porch deck and footings. 153 Municipality of Clarington Report PSD-010-18 Page 3 All of the projects have been completed. The designated properties that received funding in 2017 are located at: 53 Division Street, Bowmanville 73 Temperance Street, Bowmanville 250 Mill Street South, Newcastle (St. George’s Church) 6667 Leskard Road 1498 Taunton Road 5565 Old Scugog Road, Hampton 3. Concurrence Not Applicable 4. Conclusion There has been good response to the Heritage Incentive Grant Program which helps owners of designated heritage properties maintain Clarington’s built heritage. To date, 22 properties have received grants. Grants have generated approximately four to five times their dollar value in improvements to heritage buildings in Clarington. 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services CAO Staff Contact: Dave Addington, Planner, 905-623-3379 ext. 2419 or daddington@clarington.net List of interested parties to be notified of Council's decision is on file in the Planning Services Department Clarington Heritage Committee c/o Dave Addington FL/DA/ah 154 Memo Planning Services Department The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 John Roznik signed a letter of undertaking on July 27, 2016, indicating his intent to continue to live in the existing single detached dwelling at 1093 Gifford Road while constructing a new single detached dwelling on the same property, for a period not to exceed six (6) months (expired on January 25, 2017), after which the existing original dwelling was to be demolished. On December 20, 2016, John Roznik made his first request and Council granted an extension to the use of the temporary living quarters, for an additional six (6) month period (to expire on July 25, 2017) On June 19, 2017 John Roznik made his second request to extend the use of the temporary living quarters, for an additional six (6) month period (to expire on January 25, 2018). On December 20, 2017 John Roznik made his third request to extend the use of the temporary living quarters, for an additional six (6) month period (to expire on July 25, 2018). According to the Clarington Building Division, the last inspection completed on the new detached dwelling was for the Heating Occupancy on July 21, 2017. Prior to this inspection, the following inspections had been performed: Plumbing rough-in on December 7, 2016 Framing – November 23, 2016 Backfill – August 10, 2016 Footings – July 29, 2016 Mr. Roznik advised that he is completing the remainder of the work on the dwelling himself as well as working on the existing farm which is taking much longer than expected. He hopes to apply for his final occupancy inspection in the next few months. Section 3.25b of Zoning By-law 84-63, as amended, of the Municipality of Clarington, permits Council to extend the maximum six (6) months’ time limitation for the use of temporary living quarters. To: Mayor and Members of Council From: Carlo Pellarin, Manager of Development Review Date: January 2, 2017 Subject: Request To Extend The Use of Temporary Living Quarters at 1093 Gifford Road, Clarke File: Roll Number: 18-17-030-020-04600 Corresponding Building Permit Number: 16.0713 Page | 2 If Council wishes to do this, it is recommended that the following resolution be passed: THAT John Roznik be granted a 6 month extension for the use of temporary living quarters at 1093 Gifford Road subject to signing a further Letter of Undertaking. ________________________ Carlo Pellarin Manager of Development Review CP/nl cc: Andrew Allison, Chief Administrative Officer Anne Greentree, Municipal Clerk David Crome, Director of Planning Services Memo Planning Services Department The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Michelle Roth signed a letter of undertaking on March 20, 2017, indicating her intent to continue to live in the existing single detached dwelling at 9209 Grasshopper Park Road while constructing a new single detached dwelling on the same property, for a period not to exceed six (6) months (expires on January 28, 2018), after which the existing original dwelling is to be demolished. On December 12, 2017 Michelle Roth requested permission to extend the use of the temporary living quarters, for an additional six (6) month period (to expire on July 28, 2018). According to the Clarington Building Division, the last inspection completed on the new detached dwelling was for backfill on September 22, 2017. Prior to this inspection, the footings inspections had been performed and approved on September 13, 2017. Mrs. Roth advised that unexpected initial construction delays have caused a ripple effect, postponing each construction stage. The Roth’s hope to apply for the final occupancy inspection within the next six months. Section 3.25b of Zoning By-law 84-63, as amended, of the Municipality of Clarington, permits Council to extend the maximum six (6) months’ time limitation for the use of temporary living quarters. If Council wishes to do this, it is recommended that the following resolution be passed: THAT David and Michelle Roth be granted a 6 month extension for the use of temporary living quarters at 9209 Grasshopper Park Road subject to signing a further Letter of Undertaking. To: Mayor and Members of Council From: Carlo Pellarin, Manager of Development Review Date: January 3, 2018 Subject: Request To Extend The Use of Temporary Living Quarters at 9209 Grasshopper Park Road, Darlington File: Roll Number: 18-17-010-150-17500 Corresponding Building Permit Number: 17.0350 Page | 2 ________________________ Carlo Pellarin Manager of Development Review /nl cc: Andrew Allison, Chief Administrative Officer Anne Greentree, Municipal Clerk David Crome, Director of Planning Services