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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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;
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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;
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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8. That all interested parties listed in Report PSD-005-18 and any delegations be advised
of Council's decision.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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Attachment 1 to
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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”).
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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
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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
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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
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(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.
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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
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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
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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
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(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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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).
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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