HomeMy WebLinkAbout2018-02-20Final
ciffiW4017
Planning and Development
Committee
Agenda
Date: f uesday, February 20, 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(a.clarington.net.
Alternate Format: If this information is required in an alternate format, please contact
the Accessibility Coordinator, at 905-623-3379 ext. 2131.
Audio Record: The Municipality of Clarington makes an audio record of General
Government Committee meetings. If you make a delegation or presentation at a
General Government Committee meeting, the Municipality will be audio recording you
and will make the recording public by publishing the recording on the Municipality's
website.
Cell Phones: Please ensure all cell phones, mobile and other electronic devices are
turned off or placed on non -audible mode during the meeting.
Copies of Reports are available at www.clarington.net
CIarifl#oII Planning and Development Committee Agenda
Date: February 20, 2018
Time: 7:00 PM
Place: Council Chambers
1 Call to Order
2 New Business — Introduction
Members of Committee are encouraged to provide the Clerk's Department, in advance of the
meeting, a copy of any motion the Member is intending to introduce, (preferably electronic)
such that staff could have sufficient time to share the motion with all Members prior to the
meeting.
3 Adopt the Agenda
4 Declaration of Interest
5 Announcements
6 Adoption of Minutes of Previous Meeting
6.1 January 29 Minutes of a Regular Meeting of January 29, 2018 Page 5
Minutes
7 Public Meetings
7.1 Public Meeting Application for a Proposed Zoning By-law Amendment Page 14
Applicant: Fourteen Estates Limited
Report: PSD -016-18
Location: Ormiston Street, Hampton & Lands North-
east of Old Scugog Road and Ormiston
Street
7.2 Public Meeting Application for a Proposed Zoning By-law Amendment Page 16
Applicant: Landmark -Newcastle Limited
Report: PSD -017-18
Location: 403 & 415 Mill Street South, Newcastle
Page 2
CIarifl#oII Planning and Development Committee Agenda
Date: February 20, 2018
Time: 7:00 PM
Place: Council Chambers
7.3 Public Meeting Application for a Proposed Zoning By-law Amendment
Applicant: Bowmanville Lakebreeze East Village Ltd.
Report: PSD -018-18
Location: 100 Bennett Road & 2675 South Service
Road, Bowmanville
8 Delegations
No Delegations
9 Communications - Receive for Information
There are no Communications to be received for information.
10 Communications— Direction
There are no Communications for direction.
11 Presentations
No Presentations
12 Planning Services Department Reports
Page 18
12.1 PSD -016-18 An Application by Fourteen Estates Limited to rezone a Page 20
0.48 ha parcel to restrict the use of lands for open space
purposes to allow for nitrate dilution to permit an
additional two residential lots in Hampton
12.2 PSD -017-18 An application by Landmark -Newcastle Limited to amend Page 29
Zoning By-law 84-63 to permit the development of 22
townhouse units at 415 Mill Street South and 403 Robert
Street East, Newcastle
Page 3
GariU00II Planning and Development Committee Agenda
Date: February 20, 2018
Time: 7:00 PM
Place: Council Chambers
12.3 PSD -018-18 An Application by Bowmanville Lakebreeze East Village Page 38
Ltd. to amend the R3-43 zone to permit a 341 unit
townhouse development (Kaitlin) in Port Darlington
Neighbourhood in Bowmanville
12.4 PSD -019-18 Extension to Draft Approval for Two Draft Approved Plans Page 50
of Subdivision by Smooth Run Developments (DG Group
Inc.) and Brookfield Homes (Ontario) Ltd in Newcastle
12.5 PSD -020-18 An Application by 3D Cana Inc. for the Removal of
Holding (H) Symbol at 685 Lake Road in Bowmanville to
Permit the Development of a New Industrial Building
13 New Business — Consideration
14 Unfinished Business
None
15 Confidential Reports
No Reports
16 Adjournment
Page 4
Cladwwn Planning and Development Committee
Minutes
January 29, 2018
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,
January 29, 2018 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,
Councillor W. Woo
Staff Present: A. Allison, D. Crome, C. Pellarin, K. Richardson, C. Salazar,
J. Gallagher, S. Gray
1 Call to Order
Councillor Neal called the meeting to order at 7:00 PM.
2 New Business — Introduction
There were no new business items added to the Agenda.
3 Adopt the Agenda
Resolution #PD -015-18
Moved by Councillor Woo, seconded by Councillor Hooper
That the Agenda for the Planning and Development Committee meeting of January 29,
2018 be adopted as presented.
Carried
4 Declarations of Interest
There were no disclosures of interest stated at this meeting.
5 Announcements
Members of Committee announced upcoming community events and matters of
community interest.
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Clarftwn Planning and Development Committee
Minutes
January 29, 2018
6 Adoption of Minutes of Previous Meeting
Resolution #PD -016-18
Moved by Councillor Partner, seconded by Councillor Woo
That the minutes of the regular meeting of the Planning and Development Committee,
held on January 8, 2018, be approved.
Carried
7 Public Meetings
7.1 Draft Terms of Reference for the Southeast Courtice Secondary Plan
Applicant: Municipality of Clarington
Report: PSD -011-18
Location: Southeast Courtice
Lisa Backus, Principal Planner, made a verbal and electronic presentation to the
Committee regarding the Draft Terms of Reference for the Southeast Courtice
Secondary Plan.
Libby Racansky, local resident, spoke in opposition to the application. Ms. Racansky
asked if 50% of the cost of the subwatershed study would be funded by the Municipality
of Clarington. She is concerned with climate change, and would like the terms of
reference to include that all the forest areas around Tooley Mill and Robinson Creek to
ensure that they will be protected, with setbacks and linkages for wildlife. Ms. Racansky
stated that she would like the subwatershed study to mitigate the flooding caused by
Highway 418 along Hancock Road South. She noted that she would like to see high
density along Courtice Road. Ms. Racansky would like the Committee to ask Durham
Region to consider realigning the intersection on Courtice Road. She stated that Bloor
Street and Highway 2 need to be rehabilitated prior to building subdivisions. Ms.
Racansky stated that she would like the terms of reference to include that the storm
water pond to be built like a wetland with meandering outfalls. She concluded by stating
that high density along Courtice Road is important for the future GO Station in Courtice.
Susan Elston, local resident, spoke in opposition to the application. Ms. Elston explained
that she is concerned with sustainability and climate change. She asked if staff will be
looking at the climate adaptation plan developed by Durham Region to look at long term
climate adaptation planning. Ms. Elston stated that the adaptation plan should be
included in the Southeast Courtice Secondary Plan. She mentioned that a heritage
component was mandated by the province, and that there was no reference to one in the
presentation. Ms. Elston is concerned about the residents who live in the area who are
on wells and the impact on their ability to maintain their lifestyle. She asked the
Committee if there will be consideration or compensation for people who are living within
the area that may not be a part of the urban growth plan.
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Clarftwn Planning and Development Committee
Minutes
January 29, 2018
Ron Worboy, spoke on behalf of the Muir's, a large property owner in the area. Mr.
Worboy is concerned that if you are not a member of the Landowners Group will you not
have full access to the consultants and staff as the secondary plan process proceeds.
Mark Stanisz, local resident, spoke in opposition to the application. Mr. Stanisz is
concerned with the heritage aspect of the plan and what will happen to those properties.
Bill Roka, local resident, spoke in opposition to the application. Mr. Roka asked the
Committee if the Municipality of Clarington is conducting the study. He would like to
know the current zoning of the area and if there has been submission from developers.
Mr. Roka stated that he would like to know the timeline, from phase one to four, of the
Plan. He would also like to know at what point during the process the developed and
landowners group have a chance to provide input. Mr. Roka is concerned with the
existing residents in the area and if the services be connected.
7.2 Application for a Proposed Zoning By-law Amendment
Applicant: Alpa Pre -Engineered Panel Systems Inc.
Report: PSD -012-18
Location: 2021 and 2033 Baseline Road, Bowmanville
Brandon Weiler, Planner, made a verbal and electronic presentation to the Committee
regarding the application.
Fernando Ponte, local resident, spoke in opposition to the application. Mr. Ponte is
concerned about the noise late into the night. He stated that the lights on the property
projecting onto his property and he added that he is concerned that, if the proposed
addition is approved, there will be more light pollution. Mr. Ponte is concerned that his
property value will reduce significantly. He is concerned that there will be an increase of
trucking in the area and that the new entrance will be in front of his driveway. Mr. Ponte
stated that when he bought his property the proposed property was designated
agricultural.
Adrian Litayski, Johnston Litayski Ltd., spoke on behalf of the applicant. Mr. Litayski was
present to address concerns from the public. He stated that this application plans to
expand the employment use within the area. He mentioned that that they will be working
with staff to address any concerns. Mr. Litayski explained that they will try to mitigate
any concerns through the site plan application process.
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Cladwwn Planning and Development Committee
Minutes
January 29, 2018
7.3 Application for a Proposed Zoning By-law Amendment
Applicant: WED Investments Limited (Kaitlin Corporation)
Report: PSD -013-18
Location: 1599 Green Road, Bowmanville
Anne Taylor Scott, Senior Planner, made a verbal and electronic presentation to the
Committee regarding the application.
There were no speakers in support of, or in opposition to, the application.
8 Delegations
8.1 Marilyn Morawetz, Jury Lands Foundation, Regarding Report CAO -002-18
Potential Locations for Durham Hospice
Marilyn Morawetz, Jury Lands Foundation, was present regarding potential locations for
Durham Hospice. Ms. Morawetz noted that the Jury Lands Foundation, along with the
Municipality of Clarington and the developers, have been working together to move the
Camp 30 site towards a repurposed use. She stated that they have made progress
towards their end goals and have potential opportunities that will support the vision for
the site. Ms. Morawetz outlined the proposed concept for the site. She stated that the
Camp 30 site would be the ideal setting for Durham Hospice. Ms. Morawetz explained
that the hospice project is vitally needed in this community and could benefit greatly as
the first project on 2020 Lambs Road site. She noted that the Jury House is removed
from the other buildings but is still accessible along the ring road. Ms. Morawetz stated
that the structure has been evaluated for significant architecture and has been assessed
as worthy for repurposed use. She explained that the Jury House provides a peaceful
and natural environment for the people using the hospice. Ms. Morawetz stated that
they are hopeful that the Jury House is chosen as the location for Durham Hospice. She
explained that, although interim services would be necessary to meet the require timeline
for this project, there are permanent services within reach that would be beneficial as the
hospice grows in size. Ms. Morawetz stated that a new build would be less expensive
but that a full assessment of the actual costs of using the Jury House has not been
presented. She mentioned that there are several granting opportunities available and
the Jury Lands Foundation would work with Durham Hospice to acquire possible funding
to support the project. Ms. Morawetz stated that the Jury House is not large enough to
support the five beds, and that most of the structure would have to be new and therefore
comparable in cost to the other potential location. She expressed concern that taking on
the repurposing of the historical building is not the most significant reason that other site
under consideration has an advantage. Ms. Morawetz stated that the Jury Lands
Foundation supports the Durham Hospice project. She requested that the Committee
provide the Jury Lands Foundation with the opportunity to submit more information prior
to making a decision.
Clarftwn Planning and Development Committee
Minutes
January 29, 2018
9 Communications - Receive for Information
There are no Communications to be received for information.
10 Communications— Direction
10.1 Helen Mihailidi, Southeast Courtice Landowners Group - Regarding Report
PSD -011-18 Southeast Courtice Secondary Plan Study —Terms of Reference
Resolution #PD -017-18
Moved by Mayor Foster, seconded by Councillor Cooke
That Communication Item 10. 1, from Helen Mihailidi, Southeast Courtice Landowners
Group, Regarding PSD -011-18, be referred to the consideration of Report PSD -011-18.
Carried
10.2 Beth Kelly, President, Valiant Rental Properties Limited - Regarding Report
PSD -013-18 Applications by WED Investments Limited for a Draft Plan of
Subdivision and Rezoning to permit a Townhouse development in the
Bowmanville West Town Centre, Bowmanville
Resolution #PD -018-18
Moved by Councillor Hooper, seconded by Councillor Partner
That Communication Item 10.2, from Beth Kelly, President, Valiant Rental Properties
Limited, Regarding Report PSD -013-18, be referred to the consideration of Report
PSD -013-18
Carried
11 Presentation(s)
No Presentations
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Clarftwn Planning and Development Committee
Minutes
January 29, 2018
12 Planning Services Department Reports
12.1 PSD -011-18 An Southeast Courtice Secondary Plan Study — Terms of
Reference
Resolution #PD -019-18
Moved by Mayor Foster, seconded by Councillor Cooke
That Report PSD -011-18 be received;
That Planning Services staff be authorized to commence the preparation of the
Southeast Courtice 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 Services be authorized to execute the necessary cost
recovery agreements with the Southeast Courtice Landowners Group Inc. for the
preparation of the Secondary Plan; and
That all interested parties for Report PSD -011-18, any delegations and the Region of
Durham Planning Department be notified of Council's Decision.
Carried
12.2 PSD -012-18 Applications by Alpa Pre -Engineered Panel Systems Inc. to
Allow the Expansion of the Existing Industrial Business at 2021 Baseline to
2033 Baseline Road
Resolution #PD -020-18
Moved by Councillor Cooke, seconded by Mayor Foster
That Report PSD -012-18 be received;
That the Official Plan Amendment and Zoning By-law Amendment applications submitted
by Alpa Pre -Engineered Panel Systems Inc. continue to be processed and that a
subsequent report be prepared; and
That all interested parties listed in Report PSD -012-18 and any delegations be advised
of Council's decision.
Carried
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Clarftwn Planning and Development Committee
Minutes
January 29, 2018
12.3 PSD -013-18 Applications by WED Investments Limited for a Draft Plan of
Subdivision and Rezoning to Permit a Townhouse Development in the
Bowmanville West Town Centre, Bowmanville
Resolution #PD -021-18
Moved by Councillor Hooper, seconded by Councillor Traill
That Report PSD -013-18 be received;
That the applications for a Draft Plan of Subdivision and Rezoning, submitted by WED
Investments Limited for the development of townhouse block continue to be processed
and that a subsequent report be prepared; and
That all interested parties listed in Report PSD -013-18 and any delegations be advised
of Council's decision.
Carried
12.4 PSD -014-18 2017 Planning Applications
Resolution #PD -022-18
Moved by Councillor Woo, seconded by Councillor Partner
That Report PSD -014-18 be received for information.
Carried
13 Chief Administrative Office
13.1 CAO -002-18 Potential Locations for Durham Hospice — Clarington
Resolution #PD -023-18
Moved by Councillor Woo, seconded by Mayor Foster
That Report CAO -002-18 be received;
That staff be directed to declare approximately 0.8 hectares (2 acres) of the municipally -
owned property south of 1895 Cobbledick Road shown in Figure 1 of Report CAO -002-
18, as surplus and transfer such property to Durham Hospice — Clarington for nominal
consideration, subject to the conditions set out in section 2.11 of Report CAO -002-18
Z L W K W K H H[ F H S W L R Q R I W K H F
Q D P H
That staff be directed to take all steps to effect the transfer;
The Mayor and Clerk be authorized to execute any documentation necessary to effect
the transfer; and
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R Q G L
Clarftwn Planning and Development Committee
Minutes
January 29, 2018
That the owner of 1895 Cobbledick Road be notified of Committee's recommendation
and all interested parties listed in Report CAO -002-18 and any delegations be advised of
Council's decision.
Carried
14 New Business — Consideration
There were no New Business Item to be considered under this Section of the Agenda.
15 Unfinished Business
15.1 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
Resolution #PD -024-18
Moved by Councillor Partner, seconded by Councillor Woo
That Report PSD -005-18 be received;
That the Official Plan Amendment COPA 2017-0001 is no longer necessary and the file
be closed;
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;
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;
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;
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;
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
That all interested parties listed in Report PSD -005-18 and any delegations be advised
of Council's decision.
Carried
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Clarftwn Planning and Development Committee
Minutes
January 29, 2018
16 Confidential Reports
There were no Confidential Reports scheduled under this Section of the Agenda.
17 Adjournment
Resolution #PD -025-18
Moved by Councillor Traill, seconded by Mayor Foster
That the meeting adjourn at 8:47 PM.
Chair
Carried
M
13
Deputy Clerk
Clarbgtoa
Nonce of Public Meeting
A land use change has been proposed, have your say!
The Municipality is seeking public comments before making a decision on an application to amend
the Zoning By-law.
Fourteen Estates Limited has submitted an application to amend the Zoning By-law to
restrict the use of lands on the area shaded in blue on the map below to open space
associated with nitrate dilution to allow the creation of two new residential lots on lands
fronting on Ormiston Street.
Nitrates are produced by bacteria from ammonia found in human waste. Nitrates from septic
systems are can be diluted to meet Ministry of the Environment and Climate Change and
Region of Durham Health Department policies through minimum lot size requirements or
nitrates can be diluted by restrictina development on lands off site.
Ormiston Street, Hampton
Lands North-east of Old Scugog Road and Ormiston Street
u Nitrate Dilution Area
Stormwater Overland Flow Area
Previously Severed Lots
LD 055-2014 Proposed New Lot
LD 056-2014 Proposed New Lot
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The proposed amendment, additional information and background reports and studies are available
for review at the Planning Services Department. Questions? Please contact Karl Kiproff of the
Durham Region Health Department at 905-985-4889, extension 4908 regarding private sewage
disposal system concerns. Please contact Amanda Tapp at 905-623-3379, extension 2420, or by
email at atapp(@clarington.net for information on the application.
Speak at the Public Meeting:
Date: Tuesday, February, 20, 2018
Time: 7:00 pm
Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6
Council Chambers, Municipal Administrative Centre
Or write to the Planninq Services Department to the attention of Amanda Ta
File Numbers: LD055/2014. LD056/2014 and 3BA2017-0035
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: a) you will not be entitled to appeal the decision to the
Ontario Municipal Board or the Local Planning Appeal Tribunal, as appropriate; and b) you will not
be able to participate at a hearing of an appeal before the Ontario Municipal Board or Local
Planning Appeal Tribunal, as appropriate unless, in the opinion of the Board or the Tribunal, there
are reasonable grounds to do so.
David J. Crome, MCIP, RPP
Director of Planning Services
I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2017\ZBA2017-0035 Rondeau_Ormiston\Public Notice And Sign\ZBA2017-0035 PM Notice.Docx
15
Clarington
Notice of Public Meeting
A land use change has been proposed, have your say!
The Municipality is seeking public comments before making a decision on an application to amend
Zoning By-law 84-63.
Landmark -Newcastle Limited has submitted an application to amend Zoning By-law 84-63 to
develop 22 townhouse units accessed by a private street. 15 townhouse units are proposed to front
onto Mill Street South. Driveway access to all units is proposed to be from the private street. The
Zoning By-law Application has been deemed complete.
••-
403 and 415 Mill Street South, Newcastle
Southeast corner of Mill Street South and Robert Street East, with the Highway 401 off ramp to the
south.
Robert Street East"
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SPA 2017-0047
How to • ' 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 Brandon Weiler 905-623-3379, extension 2424, or by email at
bweiler clarington. net
How to Provide Comments
Speak at the Public Meeting:
Date: Tuesday, February, 20, 2018
Time: 7:00 pm
Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6
Council Chambers, Municipal Administrative Centre
Or write to the Planning Services Department to the attention of Brandon Weiler.
File Number: ZBA2017-0037 (Cross Reference SPA2017-0047)
16
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: a) you will not be entitled to appeal the decision to the
Ontario Municipal Board or the Local Planning Appeal Tribunal, as appropriate; and b) you will not
be able to participate at a hearing of an appeal before the Ontario Municipal Board or Local
Planning Appeal Tribunal, as appropriate unless, in the opinion of the Board or the Tribunal, there
are reasonable grounds to do so.
David J. Crome, MCIP, RPP
Director of Planning Services
I:\^Department\LDO NEW FILING SYSTEMWppli cation Files\ZBA-Zoning\2017\ZBA2017-0037 415 Mill Street\Public Notice\Public Meeting Notice _ZBA2017-0037_ 15'01'2018.docx
17
Clarbgtoa
Nonce of Public Meeting
A land use change has been proposed, have your say!
The Municipality is seeking public comments before making a decision on an application to amend
the Zoning By-law.
Bowmanville Lakebreeze East Village Ltd. proposes to amend the existing R3-43 Zone to add
stacked townhouse units as a permitted use, to modify townhouse unit regulations, and to reduce
parking requirements for stacked townhouse units. The application is complete.
Address: 100 Bennett Road, 2675 South Service Road, Bowmanville
West Side of Bennett Road, south of CN Railway
Y401
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ZBA 2017-0019
The proposed amendment, additional information and background studies are available for review
at the Planning Services Department. Questions? Please contact Anne Taylor Scott 905-623-
3379. extension 2414, or by email at atavlorscott(o)clarinaton.net
Speak at the Public Meeting:
Date: Tuesday, February 20, 2018
Time: 7:00 pm
Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6
Council Chambers, Municipal Administrative Centre
Or write to the Planning Services Department to the attention of Anne Taylor Scott, Senior Planner,
Development Review Branch
File Number: ZBA 2017-0019
W
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: a) you will not be entitled to appeal the decision to the
Ontario Municipal Board or the Local Planning Appeal Tribunal, as appropriate; and b) you will not
be able to participate at a hearing of an appeal before the Ontario Municipal Board or Local
Planning Appeal Tribunal, as appropriate unless, in the opinion of the Board or the Tribunal, there
are reasonable grounds to do so.
David J. Crome, MCIP, RPP
Director of Planning Services
\\netapp,uup,, ,,,,y�—partment\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0019 PDLC East\Public Meeting\ZBA2017-0019 PDLC East Public Meeting
Notice.docx
19
Clarington
Planning Services
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: February 20, 2018
Report Number: PSD -016-18 Resolution Number:
File Number: ZBA2017-0035 By-law Number:
Report Subject: An Application by Fourteen Estates Limited to rezone a 0.48 ha
parcel to restrict the use of lands for open space purposes to allow
for nitrate dilution to permit an additional two residential lots in
Hampton
Recommendations:
That Report PSD -016-18 be received;
2. That staff consider the public comments received in the further processing and
preparation of a subsequent of the proposed application for Zoning By-law Amendment
(ZBA2017-0035); and
3. That all interested parties listed in Report PSD -016-18 and any delegations be advised of
Council's decision.
20
Municipality of Clarington
Report PSD -016-18
Report Overview
Page 2
Staff is seeking public input on a proposed Zoning By-law Amendment to zone the subject
lands to a Special Environmental Protection Exception Zone to restrict the use of lands for
open space purposes and for dilution of nitrates from the septic systems of 11 residential lots
on lands fronting on Ormiston Street in Hampton. The additional nitrate dilution area allows
two additional lots to the nine lots that are currently permitted.
1. Application Details
1.1 Owner: Fourteen Estates Limited
1.2 Applicant/Agent: Carolyn Molinari — CM Planning Inc.
1.3 Proposal: To rezone 0.48 hectares to a Special Environmental
Protection Exception Zone to restrict the use of the lands for
open space uses that would for dilution of nitrates from nearby
residential development.
1.4 Area: 0.48 hectares
1.5 Location: Part Lot 17, Concession 5, former Township of Darlington
1.6 Roll Number: 1817-010-120-09822 and 1817-010-120-09700
1.7 Within Built Boundary: No
2. Background
2.1 Applications for Official Plan Amendment and Zoning By-law Amendment to expand the
Hampton Hamlet boundary were originally filed in 2003 and approved by Council in
2010. Originally the approval allowed for 8 lots based on supporting studies. This was
amended through a subsequent rezoning in November 2013 to allow a ninth based in
part on additional lands that was part of an unopened road allowance that had been
closed and conveyed to the applicant. Following approval of the Official Plan and Zoning
By-law Amendments, the lots were created through consent applications. The nine lots
created varied in size from 0.49 ha (1.21 acres) to 1.05 ha (2.6 acres).
2.2 On July 25, 2014, the Durham Region Land Division Committee heard applications
LD055-2014 and LD056-2014 to divide two of the nine lots referenced above to allow two
additional lots (a total of 11 lots). At the time of application, Clarington Staff comments
provided concerns about further lot creation given previous hydrogeological studies.
21
Municipality of Clarington
Report PSD -016-18
O Nitrate Dilution Area
stormwater overland Flow Area '
Previously Severed Lots Potential
LD 055-2014 Proposed New Lot Hamlet
0 LD 056-2014 Proposed New Lot Boundary
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Page 3
Figure 1: Proposal including Lands for Potential Future Development
2.3 The hydrogeological study prepared by the applicant's consultant was peer reviewed by
a consultant retained by the Region of Durham. The applicant's consultant and the Peer
review consultant both agreed that the two proposed additional lots could be supported
from a servicing perspective with a 0.48 ha (1.2 acre) nitrate dilution area being
identified. On July 17, 2017, Land Division Applications, LD055/2014 and LD056/2014,
were approved with conditions by the Land Division Committee.
2.3 As a condition of approval for the consent applications the Municipality required the
area required for nitrate dilution be placed in a restrictive zone to ensure it is not used
for any other development purposes.
2.4 A Hydrogeological Report prepared by GHD Limited dated December 13, 2016, a Peer
Review conducted by Golder Associates dated April 11, 2017 and two addendum letters
prepared by GHD Limited dated May 11, 2017 and August 10, 2017 were submitted in
support of this application.
22
Municipality of Clarington
Report PSD -016-18 Page 4
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are 0.48 hectares (1.2 acres) in area and are located directly adjacent
to a number of existing developed and undeveloped rural residential lots created by way
of consent, fronting onto Ormiston Street in Hampton. The lands slated for nitrate
dilution are vacant and wooded with some mature vegetation, and form part of the
Natural Heritage System.
3.2 The surrounding uses are as follows:
North - Vacant Environmental Protected and Agricultural Lands
South - Hampton Junior Public School and Residential Dwellings
East - Residential Dwellings, Environmental Protected and Agricultural Lands
West - Residential Dwellings
A -+
Figure 2: Aerial view of subject lands
3.3 When OPA 107 was adopted on November 1, 2016, it included an expansion to the
hamlet boundary as shown on Figure 1. The Region, in approving OPA 107 deferred
the expansion to the Hampton Hamlet boundary. The decision to defer the expansion,
as well as the size of the expansion was appealed by 562503 Ontario Ltd. and Honey
Harbour Heights Estates Ltd, which are both companies associated with Fourteen
Estates limited, the applicant for this rezoning. The subject lands, if rezoned for nitrate
dilution associated with the two additional lots fronting on Ormiston Street could not be
used in future considerations of the hamlet expansion.
23
Municipality of Clarington
Report PSD -016-18
4. Provincial Policy
Provincial Policy Statement
Page 5
4.1 The Provincial Policy Statement identifies settlement areas, including hamlets, as the
focus of growth. Private sanitary sewage and water services are permitted where there is
no negative impacts. The purpose of the nitrate dilution area is to ensure no negative
impacts.
4.2 The subject application is consistent with the Provincial Policy Statement.
Greenbelt Plan
4.3 The subject lands are within the Protected Countryside of the Greenbelt whereas the
residential lots are within a hamlet settlement area. Infill and intensification of Hamlets is
permitted subject to appropriate water and sewage services. The application to rezone
the lands for nitrate dilution is to serve proposed and new residential development on
lands fronting on Ormiston Street, within the settlement area. The subject lands will be
placed in restrictive zoning so that the land cannot be used for another use.
4.4 The application conforms to the Greenbelt Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the subject lands as Prime Agricultural
Areas and Hamlet. The subject lands will be in a site specific zoning restricting the use of
the subject lands.
5.2 The application conforms to the Durham Regional Official Plan.
Clarington Official Plan
5.3 Within the Clarington Official Plan the subject lands are designated Hamlet Residential
and Environmental Protection. The subject lands will be in a site specific zoning restricting
the use of the subject lands.
5.4 The application conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)", and
"Environmental Protection (EP)". The rezoning application will rezone, 0.48 hectares to a
Special Environmental Protection Exception Zone to acknowledge the use and purpose of
the lands for nitrate dilution serving proposed and new residential development on lands
fronting on Ormiston Street subject to applications LD055/2014 and LD056/2014.
24
Municipality of Clarington
Report PSD -016-18
7. Summary of Background Studies
Hydrogeological Update
Page 6
7.1 The applicant retained GHD Limited to prepare a Hydrogeological Update, Nitrate Impact
Assessment, Ormiston Street, Hampton, ON in favour of the development proposal. The
report, dated December 13, 2016 provides an updated nitrate loading assessment for an
11 -lot residential development. The report's key conclusion are as follows:
x Based on the previous hydrogeological work completed at this Site that the
addition of 11 lots will have no impact to the on-site or off-site wells that tap the
deeper aquifer; and
x The nitrate impact assessment model can be made acceptable by the addition of
0.48 hectares.
Hydrogeological Peer Review
7.2 The Region of Durham retained Golder Associated Ltd to peer review the GHD report,
Hydrogeological Update, Nitrate Impact Assessment, Ormiston Street, Hampton. The key
conclusions to the peer review, dated April 11, 2017 are as follows;
x The Peer Review is in agreement that the Hydrogeological Update provided
generally supports the development of 11 lots on 5.66 hectares plus an additional
0.48 ha of land to be used for nitrate dilution purposes from a nitrate dilution
perspective;
x Future development and sources of nitrate should be prohibited on the 0.48 hectare
of land that has been identified for nitrate dilution purposed.
GHD Limited Addendum Letter, Response to Hydrogeological Comments,
Municipality of Clarington
7.3 The applicant retained GHD Limited to prepare an addendum letter, dated May 11, 2017,
to address the Municipality of Clarington comments dated May 9, 2017. The Addendum
Letter addresses concerns mainly related to the impact to on-site or off-site wells. The
letter summarizes that the future wells of this development will have minimal impact on
wells drawing water from this aquifer. The letter further states that no impacts from
properly constructed septic disposal systems is expected to existing dug/bored wells or
deeper drilled wells in the area.
25
Municipality of Clarington
Report PSD -016-18 Page 7
GHD Limited Addendum Letter #2
7.4 The applicant retained GHD Limited to prepare a second addendum letter, dated August
10, 2017, to address further correspondence between external agencies and the
applicants. The second Addendum Letter provides information on the 0.48 hectares of
land needed for nitrate impact assessment calculations for the addition of 2 lots for a total
of 11 lots. The letter explains that the area identified for nitrate dilution purposes is
downgradient of the proposed severed lots and that groundwater naturally travels
westerly towards these lands. The dilution lands will not be developed in the future since
they are part of an environmental area cannot be used in future nitrate calculations.
8. Public Notice and Submissions
8.1 Public notice was given by mail to each landowner within 120 metres of the subject lands.
The public notice for this application was mailed on January 19, 2018. The Public Notice
sign was installed on the subject lands along two separate frontages on Ormiston Street
in Hampton.
DEVELOPMENT PROPOSAL
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Figure 3: Notice of Development Proposal
8.2 At the time of writing, staff had received one general inquiry and one e-mail submission
from a neighbouring household in opposition to the proposed application. The concerns
within the written submission related to current and future construction of the lots on
Ormiston Street. These concerns are addressed in Section 11 of this report.
9. Agency Comments
Regional Municipality of Durham
9.1 The application was circulated to the Durham Planning and Health Departments. As of
the writing of this report, no comments had been received. Once Regional comments
are received, they will be included in a future report.
26
Municipality of Clarington
Report PSD -016-18
Central Lake Ontario Conservation Authority
Page 8
9.2 The Central Lake Ontario Conservation Authority has no objection to the approval of the
rezoning application.
10. Departmental Comments
Engineering Services
10.1 The Engineering Services Department has no objection, in principle, to the application.
Building Division
10.2 The Building Division has no comments regarding the application.
11. Discussion
11.1 Nitrates are produced by bacteria from ammonia found in human waste. Regional policy
requires that every lot on private services has adequate nitrate dilution areas on the lot
itself. Alternatively, other lands outside of the site can be used for nitrate dilution,
provided there are appropriate studies supporting this alternative method.
11.2 Both the hydrogeological study and the peer review support an off-site nitrate dilution
area in order to allow the severance of the two lots. Staff requested that the additional
0.48 hectares of land be given a restrictive zoning so that the land cannot be used for
another use.
11.3 The resident's concerns referenced in Section 8.2 are related to the development of the
lots on Ormiston Street to date and opposition to the creation of any further lots. The
Land Division applications (LD055 and 056/2014) were approved conditionally on July
17, 2017. There were no objections from the public to the severances and no appeals
were made. It would appear that the concerns are not related directly to this rezoning
application but they are as a result of the land division applications and construction
activity.
11.4 No other significant issues have been raised to date regarding the Zoning By-law
Amendment. Until such time as comments are received from the Durham Region, it is
unknown whether there are any issues from a Regional perspective. However, all other
agency comments have been received.
12. Concurrence
Not Applicable.
27
Municipality of Clarington
Report PSD -016-18
13. Conclusion
Page 9
Staff will continue the processing of the application including the preparation of a
subsequent report upon receipt of the outstanding agency comments and considering any
public input received at the public meeting.
14. Strategic Plan Application
Not applicable.
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
Andrew C. Allison, B.Comm, LLB
Chief Administrative Officer
Staff Contact: Amanda Tapp, Planner, 905-623-3379 ext. 2420 or atapp clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Shawn Rondeau, Honey Harbour Heights Estates Ltd
Carolyn Molinari, CM Planning Inc.
Andrew and Amanda Townson
Carrol Clemens
AT/C P/n I
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0035 Rondeau_Ormiston\Staff Report\PSD-016-18.Docx
Clarftwn
Planning Services
Public Meeting Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: February 20, 2018
Report Number: PSD -017-18 Resolution:
File Number: ZBA2017-0037 By-law Number:
Report Subject: An application by Landmark -Newcastle Limited to amend Zoning By-
law 84-63 to permit the development of 22 townhouse units at 415
Mill Street South and 403 Robert Street East, Newcastle.
Recommendations:
1. That Report PSD -017-18 be received;
2. That the Zoning By-law Amendment application submitted by Landmark -Newcastle
Limited continue to be processed and that a subsequent report be prepared; and
3. That all interested parties listed in Report PSD -017-18 and any delegations be advised
of Council's decision.
29
Municipality of Clarington
Resort PSD -017-18
Report Overview
e2
The Municipality is seeking the public's input on an application to amend Zoning By-law 84-
63, submitted by Landmark -Newcastle Limited. The application would permit the
development of 22 townhouse units accessed by a private lane. 15 townhouse units will
have dual frontage with a main door facing Mill Street South and their driveways and garage
accessed from the private lane. The remaining seven units will have driveways and main
doors accessing the proposed private lane. The applicants have also submitted a site plan
application for the development.
1. Application Details
1.1 Owner/Applicant: Landmark -Newcastle Limited
1.2 Agent: Mike Pettigrew, The Biglieri Group Ltd.
1.3 Proposal: To rezone the lands at 403 and 415 Mill Street South from "Urban
Residential Type One (R1) Zone" and "Holding — Urban
Residential Type One ((H)R1) Zone" to an appropriate zone that
would permit the proposed townhouse development.
1.4 Area: 0.38 hectares (0.95 acres)
1.5 Location: 403 and 415 Mill Street South, Newcastle
1.6 Roll Numbers: 181703011009100
181703011009101
1.7 Within Built Boundary: Yes
2. Background
2.1 The applicants submitted Zoning By-law Amendment and Site Plan applications on
October 20, 2017. The applications would permit the creation of 22 townhouse dwelling
units, 15 fronting onto Mill Street South, accessed by a private lane. The development
would be a standard condominium and would contain a water metering building located
near the entrance to the site along Robert Street East, a community mail box and 5 visitor
parking spaces.
2.2 The proposed units would be three storeys in height with garage doors facing the
proposed private lane (See Figure 1). The proposed units are all three bedrooms with a
total floor area of approximately 1,800 square feet.
30
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Municipality of Clarington
Report PSD -017-18 Page 4
The studies are being reviewed by staff and agencies and will be summarized in a future
report.
3. Land Characteristics and Surrounding Land Uses
3.1 The subject lands consist of two parcels, 403 and 415 Mill Street South. 403 Mill Street
South has an existing one and a half storey single detached dwelling with accessory
buildings in the east side yard. All the buildings would be removed to accommodate the
proposed development. 415 Mill Street South is currently vacant.
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Figure 2: Subject Lands with proposed 22 townhouse unit development
32
Municipality of Clarington
Report PSD -017-18 Page 5
3.2 The subject lands are approximately 600 metres south of King Avenue, Newcastle's
Main Street immediately abutting the north side of Highway 401. The surrounding uses
are as follows:
North — Single Detached Dwellings
South — Highway 401
East — Single Detached Dwellings
West — Single Detached Dwellings, Funeral Home and an Office Building
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable
and safe communities by accommodating an appropriate range and mix of housing types
and development patterns. Planning authorities are encouraged to promote opportunities
for intensification and redevelopment in a compact form where it can be accommodated
taking into account the availability of suitable existing infrastructure.
Growth Plan
4.2 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas, such as the Newcastle Urban Area. Municipalities
are encouraged to create complete communities including offering a mix of housing
options.
4.3 The subject lands are within the built-up area and will contribute to the Municipality's
target of achieving a minimum of 32% of all new residential units annually within the built-
up area.
5. Official Plans
Durham Region Official Plan
5.1 The Durham Region Official Plan designates the lands as Living Areas. Living Areas
permit the development of communities that incorporate the widest possible variety of
housing types, sizes and tenure to provide living accommodations that address various
socio-economic factors. Higher densities, through intensification and redeveloping
existing areas, particularly along arterials roads is encouraged. The proposed
development conforms with the Living Area designation.
5.2 The Durham Region Official Plan designates Mill Street South as a Type B Arterial Road.
33
Municipality of Clarington
Report PSD -017-18 Page 6
Clarington Official Plan
5.3 The Clarington Official Plan designates the subject lands Urban Residential. The Urban
Residential designation is predominately intended for housing purposes. A variety of
densities, tenure and housing types are encouraged. New development and
redevelopment in existing neighbourhoods must be designed to respect and not
negatively impact the physical character of the established neighbourhood.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands "Urban Residential Type One (R1) Zone"
and "Holding — Urban Residential Type One ((H)R1) Zone". The R1 zone permits single
and semi-detached dwellings. Townhouses are not permitted in the R1 zone.
6.2 A Zoning By-law Amendment is required to zone the subject lands to permit the proposed
townhouse development.
7. Public Notice
7.1 Public notice was mailed to each landowner within 120 metres of the subject lands on
January 17, 2018 and Public Meeting signs were installed fronting onto Mill Street South
and Robert Street East on January 18, 2018.
7.2 Staff received comments from one resident as of finalizing this report. The resident
expressed the following concerns and questions:
x Does the plan provide a sufficient amount of parking on the site for residents and
visitors;
x ffe entrance of the private lane to the existing intersection at Mill Street South
and Robert Street East is too close;
x Does not want to see all garbage pickup up at one location at the entrance to the
private lane;
x Questions regarding the height of the proposed townhouse units; and
x Questions regarding how the site will be regraded to facilitate the development
proposal.
7.3 Staff responded to the resident to provide information to the questions regarding the
height of the units, number of parking spaces and general grading requirements.
34
Municipality of Clarington
Resort PSD -017-18
8. Agency Comments
Durham Region
Paae 7
8.1 Durham Region Planning, Works and Transportation Departments have no objections to
the applications but identified some concerns with the studies submitted. The Region
requires the Noise and Archeological studies to be revised to address the deficiencies
identified in the reports.
8.2 The Region also noted that the proposed private road configuration does not meet their
requirements for waste pickup. The plan will need to be revised for the Region to provide
waste pickup.
Ganaraska Region Conservation Authority
8.3 Ganaraska Region Conservation Authority have no objections to the zoning by-law
amendment. They have identified some concerns with the stormwater management
report. They have requested the applicant update the report to address the concerns.
Ministry of Transportation
8.4 Comments from the Ministry of Transportation have not been received at the time of
finalizing this report but will be included in a subsequent report.
Other Agencies
8.5 Enbridge, Rogers and Canada Post has no objections to the applications subject to site
plan conditions. Comments from Bell, Veridian and the School Boards have not been
received at the time of finalizing this report.
9. Departmental Comments
Engineering Services Department
9.1 The Engineering Services Department has identified issues regarding grading,
stormwater management and sidewalks. The proposed development has 15 units
fronting onto Mill Street South which currently has no sidewalk.
9.2 The Engineering Services Department have identified grading concerns, specifically
along the east side of the property. The applicant is required to revise the grading plan
and stormwater management report to provide additional information and address the
identified concerns.
9.3 The applicant will need to provide details on how the new sidewalk will be constructed as
there is concern with existing hydro poles and stormwater swales along Mill Street South.
35
Municipality of Clarington
Report PSD -017-18 Page 8
Emergency Services Department
9.4 The Emergency Services Department had no objections to the approval of the application
but indicated some site plan concerns that will need to be addressed. The items include
insufficient road width to accommodate emergency vehicles on the proposed private road
at the south end where the road hammerheads.
Accessibility Committee
9.5 The Accessibility Committee made a number of recommendations including that internal
pedestrian pathways or sidewalks be considered and recommended that the accessible
visitor parking space be more centrally located on the site.
10. Discussion
10.1 The applicants have submitted applications for rezoning and site plan to permit a 22 unit
townhouse development on the subject lands. The proposed development is within an
older established area of Newcastle. There has been little infill or redevelopment in the
surrounding area in recent years. Many of the existing houses on Beaver Street and
Robert Street were built in the late 1960s. The Official Plan contains policies encouraging
intensification and redevelopment where it can be accommodated while respecting the
physical character of the existing neighbourhoods.
10.2 One of the main challenges to developing the subject lands are access to the property.
Mill Street South is a Type B Arterial Road in the Region of Durham Official Plan. Type B
Arterials are designed to carry higher volumes of traffic with limited access. Due to the
close location to Highway 401 interchanges this portion of Mill Street South is under the
jurisdiction of the Ministry of Transportation. There is limited access potential on Mill
Street South given the type of road, sightlines and grading from the bridge and ramps
from Highway 401, and a signalized intersection at Mill Street South and Robert Street
East.
10.3 The units are proposed to be designed with a door onto Mill Street South which will
require a new sidewalk to provide pedestrian access to the front of the unit. There are
existing drainage swales and ditches between the proposed dwellings and Mill Street
South. The applicants will be responsible for providing an appropriate plan to continue to
deal with stormwater in this area while introducing a new sidewalk. More details
surrounding the future sidewalk and comments from the Ministry of Transportation will be
required.
10.4 Ganaraska Region Conservation Authority, the Region of Durham and the Engineering
Services Department have requested that a number of the studies and plans be revised
to address concerns. The Ministry of Transportation have not provided comments to
date. Their comments are required as they regulate a portion of the lands and the portion
of Mill Street South the properties front onto.
36
Municipality of Clarington
Reaort PSD -017-18
Paae 9
10.5 The purpose of the Public Meeting is to provide an opportunity for further public input.
These public comments will be compiled, discussed with the applicant and addressed in
a subsequent staff report.
11. Concurrence
Not Applicable.
12. Conclusion
12.1 The purpose of this report is to provide background information on the Zoning By-law
Amendment application submitted by Landmark -Newcastle Limited for the Public Meeting
under the Planning Act. Staff will continue processing the application including the
preparation of a subsequent report upon resolution of the identified issues.
13. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David Crome, MCIP, RPP,
Director of Planning Services
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ex. 2424 or bweiler@clarington.net
List of interested parties:
Dave Martino, Landmark -Newcastle Ltd.
Eric Malfa, Landmark -Newcastle Ltd.
Mike Perrigrew, The Biglieri Group Ltd.
Sue White
Dave Eastman
Lonny Gibson
CP/BW/ah
I:\^Department\LDO NEW FILING SYSTEMWppli cation Files\ZBA-Zoning\2017\ZBA2017-0037 415 Mill Street\Staff Report\PSD-017-18.Dou
37
Clarington
Planning Services
Public Meeting Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: February 20, 2018
Report Number: PSD -018-18 Resolution Number:
File Number: ZBA2017-0019 By-law Number:
Report Subject: An Application by Bowmanville Lakebreeze East Village Ltd.
to amend the R3-43 zone to permit a 341 unit townhouse
development (Kaitlin) in Port Darlington Neighbourhood in
Bowmanville
Recommendations:
1. That Report PSD -018-18 be received;
2. That the proposed application for Rezoning ZBA 2017-0019 continue to be processed
including the preparation of a subsequent report; and
3. That all interested parties listed in Report PSD -018-18 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -018-18
Report Overview
Page 2
This is a public meeting report to provide an overview of the application by Bowmanville
Lakebreeze East Village Ltd., a Kaitlin company. The proposed rezoning would amend the R3-
43 Zone to permit a townhouse (condominium) development (341 units) including a mix of
stacked and traditional townhouse units, and to reduce parking requirements for stacked
townhouse units. The lands are within the Port Darlington Neighbourhood in Bowmanville.
1. Application Details
Applicant: Bowmanville Lakebreeze East Village Ltd. (Kaitlin)
Proposal: A proposed rezoning to amend the R3-43 Zone to permit a
townhouse (condominium) development (341 units) including
a mix of stacked, dual frontage and traditional townhouse units, and
to reduce parking requirements for some stacked townhouse units.
Area: 7.68 hectares
Location: West side of Bennett Road
Roll Number: 1817 010 010 01600 and 1817 010 010 01400
Within Built Boundary: Yes
2. Background
2.1 The proposed rezoning and concurrent site plan application (SPA2017-0035) were
submitted on May 16, 2017. The applications were deemed complete on January 18,
2018.
2.2 There are two plans of subdivision that comprise the new development areas in Port
Darlington Neighbourhood
x Port Darlington Land Corporation East (PDLC East) plan of subdivision (S -C-2002-
002) was draft approved in 2012. The medium density block is contained within the
draft approved plan.
x Port Darlington Land Corporation West (PDLC West) plan of subdivision (S -C-2013-
002) was draft approved in 2014.
2.3 A total of 1,084 units are draft approved at this time as outlined in Table 1. Onsite
grading and servicing has begun, with final approval and registration expected to occur
in the next month or two.
39
Municipality of Clarington
Report PSD -018-18
Page 3
Figure 1: Port Darlington Land Corporation
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Municipality of Clarington
Report PSD -018-18
Page 4
Density
PDLC West Lands
PDLC East Lands
TOTAL
High Density
0
426
426
Medium Density
0
424
424
Low Density
234
0
234
Subtotal
234
850
1,084
Table 1: Port Darlington Land Corporation Draft Approved Subdivisions
Unit Breakdown
2.4 The preliminary site plan includes for the medium density block in the PDLC East
(Figure 1), as shown on Figure 2, indicates 341 townhouse units, 83 units less than the
Draft Approval for 424 units, as follows:
x 110 — three storey townhouse units with access on private lanes with traditional
rear yards.
x 79 — three storey dual frontage townhouse units with vehicular access and parking
accessed from the private lane and front doors facing Port Darlington Road.
x 152 — four storey stacked townhouse units.
2.5 The proposed zoning amendment proposes the following changes to the existing
zoning:
x Introduce stacked townhouse units as a permitted form of housing;
x Reduce the required parking for dwelling units that are 1 bedroom or less within a
stacked townhouse building;
x Reduce the setback requirements for a dwelling to a private road and allow porch
or steps to be as close as 0.9 metres to a property line.
2.6 The following studies were submitted in support of the application and are under review:
x Noise Study
x Energy Conservation and Sustainability Plan
x Parking Study
x Functional Servicing Report
x Landscape Analysis
41
Municipality of Clarington
Report PSD -018-18
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42
Page 5
Municipality of Clarington
Report PSD -018-18
3. Land Characteristics and Surrounding Uses
Page 6
3.1 The subject lands have a rolling topography. The site has been stripped of topsoil and
onsite preliminary grading and servicing works have begun (Figure 3).
Figure 3: Photo of Subject Lands
3.2 The surrounding uses are as follows:
North - CN Railway and Industrial lands
South - Future waterfront park and trail; Lake Ontario
East - Municipal parkland on the east side of Bennett Road
West - Lands Zoned for Apartment Use (up to 8 storeys and up to 120 units per hectare)
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land
use patterns shall be based on densities and a mix of land uses that efficiently use land,
resources and infrastructure. Opportunities for redevelopment and intensification must be
promoted. Municipalities must provide a variety of housing types and densities, and a
range of housing options that are affordable to the area residents.
43
Municipality of Clarington
Report PSD -018-18
Page 7
4.2 Healthy and active communities should be promoted by planning public streets to be safe,
meet the needs of pedestrians, foster social interaction and facilitate active transportation
and community connectivity. Compact and diverse developments promote active modes
of transportation such as walking and cycling.
Provincial Growth Plan
4.3 The Growth Plan for the Greater Golden Horseshoe was amended in May 2017 and all
decisions of Council after July 1, 2017 must conform to the amended policies.
4.4 The subject lands are within the defined Built Boundary. Population and employment
growth will be accommodated by directing a significant portion of new growth to the built
up areas through intensification and efficient use of existing services and infrastructure.
4.5 The development of complete communities is encouraged by promoting a diverse mix of
land uses, a mix of employment and housing types, high quality public open space and
easy access to local stores and services. New transit -supportive and pedestrian -friendly
developments will be concentrated along existing and future transit routes. A minimum of
40 percent of all residential development occurring annually within each upper tier
municipality will be within the built up area.
5. Official Plans
Durham Regional Official Plan
5.1 The subject lands are designated Living Area, and are considered to be within the
Waterfront Place designation. The Lake Ontario shoreline is identified as Waterfront Area.
The predominant use of lands within the Living Area designation shall be for housing
purposes.
5.2 There is specific recognition of the Port Darlington area as a Waterfront Place. Waterfront
Places shall be developed as focal points along the Lake Ontario waterfront having a mix
of uses, integrated with the Greenlands System. Uses may include residential,
commercial, marina, recreational, tourist, and cultural and community facilities. The scale
of development shall be based on and reflect the characteristics of each Waterfront
Place. Where appropriate Waterfront Places shall be planned to support an overall, long-
term density target of at least 60 residential units per gross hectare and a floor space
index of 2.0. The built form should vary, and be developed in a manner that is sensitive to
the interface with the natural environment, as detailed in area municipal official plans.
5.3 As the lands are within the Built Boundary, a minimum 32 percent of all residential
development occurring annually in Clarington shall be through intensification within built-
up areas.
MI
Municipality of Clarington
Report PSD -018-18
Clarington Official Plan
Page 8
5.4 The Clarington Official Plan designates the lands Urban Residential and the lands are
within the limits of the Waterfront Place. Waterfront Places are considered to be a Priority
Intensification Area, together with Corridors, Centres and Transportation Hubs. Lands
within Waterfront Place must achieve a minimum net density of 40 units per hectare and a
range of heights between 2 and 12 storeys.
5.5 The Official Plan contains policies for the creation of multi -unit residential developments.
These policies were considered through the establishment of the Port Darlington
Secondary Plan and application for Draft Approval.
5.6 The update to the Clarington Official Plan introduces an arterial road network through the
Port Darlington Neighbourhood. Port Darlington Road extension and Lambs Road are
considered arterial roads.
5.7 The Official Plan provides additional direction on built form, urban design and
sustainability measures to be implemented through the site plan process.
5.8 Environmental Impact Studies and related environmental reports were approved at the
time of previous approvals of the subdivision. The appropriate development limits
adjacent to Lake Ontario and Bennett Creek were established through the Draft Approval
in accordance with all applicable policies in place at the time including the Clarington
Official Plan.
Port Darlington Neighbourhood Secondary Plan
5.9 The Port Darlington Neighbourhood Secondary Plan provides a more detailed land use
plan for this area. The lands are within a Medium Density Residential designation. The
Secondary Plan has a focus on providing a high quality urban environment, with attention
to heritage resources, the waterfront and recreational opportunities. The Waterfront
Greenway with the Waterfront Trail and the District Park is designated along the Lake
Ontario shoreline. The plan requires proponents to submit comprehensive design
documents showing how the development will satisfy the urban design objectives.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands Holding - Urban Residential Zone ((H)R3-
43 Zone which permits up to 424 units in the form of link townhouse units and apartment
units.
7. Public Notice and Submissions
7.1 Notice of the Public Meeting was mailed on February 2, 2018, in addition to posting on
the municipal website and in the Planning Services Department E -update.
7.2 At the time of writing this report Staff have received only general inquiries from area
residents.
45
Municipality of Clarington
Report PSD -018-18
8. Agency Comments
Page 9
8.1 At the time of writing this report, comments have not been received from the Region of
Durham, the Central Lake Ontario Conservation Authority, and several other circulation
agencies.
9. Departmental Comments
Engineering Services
9.1 The Engineering Services Department has no objection to the proposed rezoning,
however notes that the applicant must resolve all issues relating to the final Subdivision
Approval prior to proceeding with the proposed development.
9.2 Engineering Staff have several comments relating to access design, servicing and
grading on the site plan lands to be addressed in the context of the overall development
scheme for the neighbourhood. Detailed technical comments will be provided to the
applicant. Private entrances to the condominium townhouse block from Port Darlington
Road extension will require approval and performance guarantees to the satisfaction of
the Director of Engineering Services.
9.3 Engineering Staff has reviewed the Parking Study. While the report appears to provide
sufficient justification for a reduction in parking related to the 1 bedroom stacked
townhouse units, Engineering Staff together with other municipal departments will be
discussing the potential implications of the reduction.
9.4 Standard requirements apply with respect to site alteration, timing windows for road
excavation and construction, and noise attenuation.
Emergency and Fire Services
9.5 Clarington Emergency and Fire Services have no objections to the rezoning, however
have provided detailed comments on the site plan with respect to fire routes and turning
radii for fire trucks, requirements for no parking signage along fire routes and hydrant
spacing.
10. Discussion
Accessibility
10.1 The subject lands are within an approved plan of subdivision and were previously zoned
based on a different preliminary site plan which included low rise apartments.
10.2 While the request to add a stacked townhouse product, and to refine the unit or Parcel
Tied Land (POTL) regulations, appears to be a minor request, Staff have expressed
concern that the proposed housing forms all have stairs, interior or exterior to the unit or
both and the current plan lacks any accessible units. The current plan for 341 units has
. lb
Municipality of Clarington
Report PSD -018-18
Page 10
no accessible units. This issue has previously been noted to the applicant including the
need for some revisions to the site plan to find opportunities for accessible units.
Parking
10.3 A component of determining the final unit mix will be the assessment of suitable parking.
The applicant is requesting relief from the typical parking requirements for smaller 1
bedroom units within some of the stacked townhouses. The zoning by-law requires 2
parking spaces for each townhouse unit regardless of size.
10.4 The stacked townhouse product is relatively new to Clarington. A typical cross section is
shown in Figure 4, and an elevation drawing of a typical townhouse block is provided in
Figure 5. Each townhouse section provides for 4 units. A small one bedroom unit is
proposed at the first level — partially below grade, with a larger unit occupying all of the
main floor (at least 2 bedrooms), with the third and fourth floor also providing for 2
additional units (at least 2 bedrooms each).
10.5 The Zoning By-law requires 2 parking spaces for each townhouse unit, plus 0.25 spaces
for each unit to be assigned to visitor parking. No distinction is made between a
traditional townhouse unit and a stacked unit which may have small units more similar in
size to an apartment unit.
10.6 The applicant has prepared a parking study to justify the requested reduction in parking,
30 spaces overall, attributed to the stacked townhouse component. The study requests
consideration of a lesser rate for the stacked units, specifically reducing the rate for the
38 1-bedr000m stacked units, from 2 spaces per unit, down to 1.21 spaces per unit.
Visitor parking would continue to be provided at a rate of 0.25 spaces per unit for all the
stacked units. The parking study is currently under review.
Figure 4: Stacked Unit Cross -Section
47
Municipality of Clarington
Report PSD -018-18
Page 11
Figure 5: Stacked Townhouse Dwelling Elevation
Site Plan
10.7 The site plan review process will allow staff to review the Zoning compliance with the
R3-43 Zone and to report back with an amendment that appropriately reflects unit mix,
parking and unit regulations based on appropriate site design.
10.8 The purpose of the public meeting is to provide an opportunity for further public input.
These public comments will be addressed in a subsequent staff report.
11. Concurrence
Not Applicable.
12. Conclusion
The purpose of this report is to provide background information for the Public Meeting
on the rezoning application submitted by Bowmanville Lakebreeze East Village Ltd.
Staff will continue processing the application including the preparation of a subsequent
communication.
Municipality of Clarington
Report PSD -018-18
13. Strategic Plan Application
Not applicable.
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
Page 12
Andrew C. Allison, B.Comm, LL.B
Chief Administrative Officer
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or
ataylorscott clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Enzo Bertucci
ATS/CP/nl
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0019 PDLC East\Staff Report\PSD-018-18.docx
Ciarftwn
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: February 20, 2018
Report Number: PSD -019-18 Resolution:
File Number: S -C 2005-003 and S -C 2005-004 By-law Number:
Report Subject: Extension to Draft Approval for Two Draft Approved Plans of
Subdivision by Smooth Run Developments (DG Group Inc.)
and Brookfield Homes (Ontario) Ltd in Newcastle
Recommendations:
1. That Report PSD -019-18 be received;
2. That the extension to Draft Approval for S -C 2005-003 be supported subject to the
Conditions as contained in Attachment 2 to PSD -019-18;
3. That the extension to Draft Approval for S -C 2005-004 be supported subject to the
Conditions as contained in Attachment 3 to PSD -019-18;
4. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -
019 -18 and Council's decision; and
5. That all interested parties listed in Report PSD -019-18 and any delegations be
advised of Council's decision.
50
Municipality of Clarington
Report PSD -019-18
Report Overview
The report recommends an extension to draft approval of S -C 2005-003 (Smooth Run
Developments) and S -C 2005-004 (Brookfield Homes (Ontario) Ltd.) in North Newcastle
Village for a period of six years.
1. Application Details
Page 2
1.1 Owners: Smooth Run Developments (DG Group Inc.) S -C 2005-003
Brookfield Homes (Ontario) Limited S -C 2005-004
1.2 Agent: GHD
1.3 Proposal: Smooth Run Developments: 656 unit residential Draft Approved Plan of
Subdivision consisting of 326 single detached dwellings, 76 semi-detached
dwellings, 76 linked dwelling units, 84 townhouse units, and a medium
density townhouse block, 1 elementary school, 1 park block, a
parkette, a daylighted tributary, 2 stormwater management ponds, an
open space block, a block for a water reservoir and a Future Development Block.
Brookfield Homes (Ontario) Limited: 270 unit residential Draft Approved
Plan of Subdivision, consisting of 139 single detached dwellings units, 62
linked dwellings, 69 townhouse units, a parkette, a walkway, a servicing
block and a Future Development Block.
1.4 Area: Smooth Run Developments
Brookfield Homes
Total
73.84 hectares
34.86 hectares
108.70 hectares
1.5 Location: Part Lots 27 & 28, Concession 2, Township of Clarke. See Figure 1.
1.6 Roll Numbers: 18-17-030-030-04105, 18-17-030-130-09350 & 18-17-030-130-09200
1.7 Within Built Boundary: No
51
Municipality of Clarington
Report PSD -019-18
S -C
Brookfield
Homes
S -C-2005-004
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2. Background
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2.1 On August 24, 2005 Staff received an application to amend the Clarington Official Plan
submitted jointly by Smooth Run Developments and Brookfield Homes (Ontario) Limited.
An application for a Neighbourhood Design Plan was also jointly submitted. Smooth Run
and Brookfield submitted separate application for proposed draft plans of subdivision and
rezoning for their respective lands.
52
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J Developments
: "_-T.7 _ S -C-2005-003
Figure 1: Site Location
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Page 3
2.1 On August 24, 2005 Staff received an application to amend the Clarington Official Plan
submitted jointly by Smooth Run Developments and Brookfield Homes (Ontario) Limited.
An application for a Neighbourhood Design Plan was also jointly submitted. Smooth Run
and Brookfield submitted separate application for proposed draft plans of subdivision and
rezoning for their respective lands.
52
Municipality of Clarington
Report PSD -019-18
Page 4
2.2 On August 7, 2008 the Municipality received a Notice of Appeal by both Smooth Run and
Brookfield Homes. The appeals were filed under Sections 22 (7), 51 (34) and 35(11) of
the Planning Act, for the Municipality not making a decision on the development
applications within the prescribed timeframes.
2.3 Following the appeal, the applicants, staff and agencies worked through the various
issues. At the June 25, 2012 General Purpose and Administration Committee, Committee
approved Report PSD -034-12 which requested the Ontario Municipal Board (OMB) to
approve the Official Plan Amendment, the two draft plans and the corresponding rezoning
applications. Given the size of the development, the conditions of draft approval provided
an expiry date of six years from the date approvals were given. The OMB issued its
decision October 19, 2012, approving all applications.
2.4 At the time the applications were being considered, it was understood that servicing this
area would require the construction of a reservoir, feedermains, a pumping station,
expansions to the Newcastle Water Supply System, and Wilmot Water Pollution Control
Plant (WPCP) as well as construction of a new trunk sewer along the Foster Creek and
the extension of a trunk sewer on North Street. In 2013, the Region provided a forecast
for improvements for design and construction of the various works. On that basis, the
applicant prepared and submitted detailed engineering drawings to the Engineering
Services Department for Phase 1 only. However, implementation of the forecast for
regional improvements was delayed. In 2017, the Region provided a revised forecast.
(Table 1).
Required Infrastructure
2013 Forecast
2017 Forecast
Upgrade Zone 1 Water Reservoir & Feedermain
Design 2014,
Design 2019,
Construct
Construct 2021-
2015
23
New Zone 2 Water Pump Station and
Design 2015,
Design 2019,
Feedermain
Construct
Construct 2021-
2016
23
Newcastle WPCP Additional Capacity Expansion
Design 2014,
Design 2017,
Construct
Construct 2019
2015
North Street Trunk Sanitary Sewer Extension
Design 2014,
Design 2017,
Construct
Construct 2019
2015
Foster Creek Truck Sanitary Sewer Extension
Design 2013,
Design 2018,
Construct
Construct 2019
2014
Table 1: Region of Durham 2013 and 2017 Forecast for Infrastructure Improvements in
Newcastle Village.
2.5 On May 29, 2017, a letter from GHD was received requesting an extension to draft
approval for both draft plans for an additional six years. (Attachment 1)
53
Municipality of Clarington
Report PSD -019-18 Page 5
3. Discussion
3.1 The Region's revised timetable in the advancing the design and construction of the
necessary infrastructure to advance the development of the draft plans has had a
significant impact to these developments. According to GHD, the developers have had
many discussions with the Region. The Region had suggested that changes to the
Development Charges Act through Bill 73, introduced in 2016 prohibits the developer
from up fronting the costs for the required improvements. The earliest opportunity to
commence house construction of Phase 1 is 2022. The developers are requesting an
extension to 2024. It is likely that similar requests will be made to advance beyond
development of Phase 1.
4. Recommendations
4.1 Given significant delays to the infrastructure improvements, Staff have no objection to the
request for the extension to draft approval of S -C 2005-003 (Smooth Run Developments)
and S -C 2005-004 (Brookfield Homes) for a period of six years.
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
Andrew C. Allison, B.Comm, LL.B
CAO
Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410
or cstrike(o)_clarington.net
Attachments:
Attachment 1 - Letter from Darren Marks P. Eng. GHD
Attachment 2 - Amendment to Conditions of Draft Approval S -C 2005-003 (Smooth Run)
Attachment 3 - Amendment to Conditions of Draft Approval S -C 2005-004 (Brookfield)
A list of people to be notified of council's decision:
Aidan Dekkema, Brookfield Homes
Paolo Sacilotto, Smooth Run
Darren Marks, GHD
CS/CP/nl
I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\SC-Subdivision\S-C 2005\S -C 2005-0003 Smooth Run\Extension to Draft Approval\PSD-019-18.docx
54
David Crome
Director of Planning Services
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville ON 1-1C 3A6
Dear Mr. Crome:
JUN 2 9 2017
MUNICIPALITY OF CLARINGTON
PLANNING DEPARTMENT
Reference No. 13056/2821357
Re: Draft Approved Plan of Subdivision — Brookfield Residential (Ontario) Limited
Final Approval Extension Request
Part Lot(s) 27 & 28 Concession 2, Former Town(ship) of Clarke
File No. S -C-2005-004
On behalf of the Developer, Brookfield Residential (Ontario) Limited, kindly accept this letter as our formal
written request for an extension to the date of final approval requirement for this plan. For your information
and consideration, we outline the following in support of our extension request.
1. The North Village — Brookfield Draft Plan (S -C-2005-004) received approval in November 2012.
Brookfield Residential intentions were to initiate a perpetual development phasing schedule which
aligned with the Regions 2013 Water Supply and Sanitary Sewerage Servicing and Financing Study
forecast of the following required infrastructure improvements.
• Upgrade Zone 1 Water Reservoir and Feedermain (Design 2014, Construct 2015)
• New Zone 2 Water Pump Station and Feedermain (Design 2015, Construct 2016)
• Newcastle WPCP Additional Capacity Expansion (Design 2014, Construct 2015)
• North Street Trunk Sanitary Sewer Extension (Design 2014, Construct 2015)
• Foster Creek Trunk San. Sewer Extension North of 401 (Design 2013, Construct 2014)
2. First submission of the Phase 1 detailed engineering design drawings was made in November
2014. However, the forecast of the required infrastructure improvements had not maintained an
implementation schedule which would permit subsequent development phases to advance. The
opportunity/timing to advance subsequent development phases of the North Village Neighbourhood
is a critical component in the commencement and timing of when to construct Phase 1 of this draft
plan, along with the subsequent phases in this neighbourhood plan.
3. Over the past four years Brookfield Residential, along with DG Group have met regularly with the
Region of Durham, most recently on February 23, 2017, in attempts to maintain the
budgetlimplementation forecast timeline. The following however outlines the 2017 Water Supply
and Sanitary Sewerage Servicing and Financing Study current forecast which illustrate a significant
deferral from the 2013 study forecast for these required infrastructure improvements.
• Upgrade Zone 1 Water Reservoir and Feedermain (Design 2019, Construct 2021-23)
• New Zone 2 Water Pump Station and Feedermain (Design 2019, Construct 2021-23)
• Newcastle WPCP Additional Capacity Modifications (Design 2017, Construct 2019)
• North Street Trunk Sanitary Sewer Extension (Design 2017, Construct 2019)
• Sunset Blvd. & Lakeview Rd. Trunk San. Sewer (Design 2018, Construct 2019)
GH®
65 Sunray Street Whitby Ontario L1 N M Canada
T 905 686 6402 F 905 432 7877 w www.ghd.corn
55
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ISO 9001
4. Many attempts to move the neighbourhood plan forward has been made by the Developer. As an
example, Brookfield (along with DG Group) was prepared to assume the full cost of implementing a
temporary water pressure booster station to advance Phase 1 without reimbursement from the
Region of Durham. However, due to the 2016 changes to the Development Charges Act from Bill
73, the Region of Durham will not approve the Developers request to supply and install this
temporary water booster station. A temporary water booster station is required for Phase 1 to
proceed in advance of an operational Zone 2 water pump station. Hence, any development of the
North Village — Brookfield Draft Plan is postponed until the Zone 1 and Zone 2 water system
improvements are completed.
Brookfield Residential does not intend to commence the earthworks program for the entire site if only a
small number of lots can be developed. Commencing the earthworks program now would only leave much
of the site being left barren until there was certainty as to when subsequent phases can be developed. We
feel the Municipality does not want the site left in an unfinished state for an unknown period of time.
Understanding that currently the earliest opportunity for the Developer to commence Phase 1 construction
of the North Village - Brookfield Draft Plan is year 2022, we would respectfully request the date of final
approval requirement for this plan be extended by six (6) years to November 2024.
We trust this information is satisfactory to meet your current requirements, permitting Clarington to
process and endorse this extension request. However please feel free to contact the undersigned should
you have questions or require further documents/applications regarding this matter.
Sincerely,
GHD
Darren Marks, P.Eng.
Project Manager, Land Develo ment - Ontario
DMMIrnh
Encl.
CC.' Municipality of Clarington; Attn: Anthony Cannella
Brookfield Residential; Attn. David Murphy, Aidan Dekkema
DG Group; Attn: Paolo Sacilotto, Thomas Alban!
GHD; Attn: Bryce Jordan
Draft Plan Extension Letter- May 2017
56
Attachment 2 to
Report PSD -019-18
AMENDMENT TO THE CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF SUBDIVISION S -C 2005-003 (Smooth Run)
Issued for Review:
Notice of Decision:
Amendment Approved:
The Notes to Draft Approval are amended, as shown below,
NOTES OF DRAFT APPROVAL
If final approval is not given to Phase 1 by February 20, 2024, 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.
57
Attachment 3 to
Report PSD -019-18
AMENDMENT TO THE CONDITIONS OF DRAFT APPROVAL
DRAFT PLAN OF SUBDIVISION S -C 2005-004 (Brookfield Homes)
Issued for Review:
Notice of Decision:
Amendment Approved:
The Notes to Draft Approval are amended, as shown below,
NOTES OF DRAFT APPROVAL
If final approval is not given to Phase 1 by February 20, 2024, 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.
Clarftwn
Planning Services
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: February 20, 2018
Report Number: PSD -020-18 Resolution:
File Number: ZBA2018-0005 By-law Number:
Report Subject: An application by 3D Cana Inc. for the Removal of Holding (H)
Symbol at 685 Lake Road in Bowmanville to permit the development
of a new industrial building
Recommendations:
That Report PSD -020-18 be received;
2. That the application submitted by 3D Cana Inc. to remove the Holding (H) symbol be
approved and that the attached By-law to Report PSD -020-18 be approved;
3. That Council's decision and a copy of Report PSD -020-18 be forwarded to the Region
of Durham and the Municipal Property Assessment Corporation; and
4. That all interested parties listed in Report PSD -020-18 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD -020-18
Report Overview
Page 2
This report is recommending approval of an application by 3D Cana Inc. to remove the
Holding (H) symbol from 685 Lake Road, Bowmanville to permit the construction of a new
industrial building. The applicant has submitted a site plan application for the property which
is currently being reviewed by staff and agencies under our Priority Processing program.
1. Application Details
1.1 Owner/Applicant:
1.2 Agent:
1.3 Proposal:
1.4 Area:
1.5 Location:
1.6 Roll Number:
1.7 Within Build Boundary:
2. Background
3D Cana Inc.
Hamid Mirzaei, 3D Cana Inc.
Removal of Holding (H) symbol from:
"Holding -Light Industrial ((H)M1) Zone"
1.54 hectares (3.82 acres)
685 Lake Road, Bowmanville
181701001001685
Yes
2.1 On December 22, 2017 3D Cana Inc. submitted an application for site plan approval on
the subject lands. The subject lands are part of a subdivision that was registered on June
4, 1998 (see Figure 1). The subdivision agreement contains provisions to extend Lake
Road and stormwater management infrastructure requirements. No work was done on
the subdivision following execution of the agreement in 1998. Recently, the owner has
sold the majority of the lots and is working to fulfil the obligations of the subdivision
agreement. The site plan application will address the grading, landscaping, stormwater
controls on site and building design. The applicant is aiming to have construction
completed and the business operating by July 2018.
2.2 The subject lands front onto a portion of Lake Road that is not currently constructed. The
design of the extension of Lake Road is being finalized and construction is anticipated to
begin in spring 2018. The applicant is seeking to start construction of the building prior to
the completion of the extension of Lake Road. In order to gain access to the site without
the Lake Road extension being completed the applicant is proposing a temporary access
over the two properties to the west from South Service Road. The applicant owns the
adjacent lands to the west, 645 Lake Road, and have obtained permission from the
owners of 605 Lake Road to facilitate the access.
Municipality of Clarington
Report PSD -020-18 Page 3
2.3 A site alteration permit has been approved for the temporary access and site works to be
completed prior to final site plan approval. The site alteration permit includes securities
for on-site works.
2.4 Water and sanitary services for the subdivision are currently available within the future
Lake Road right-of-way. The applicants will be required to enter into a servicing
agreement with the Region of Durham.
2.5 Staff and external agencies have reviewed the site plan application and provided
comments to the applicants with the required revisions. The applicant is currently
revising the site plan drawings and studies to address staff and agency comments.
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Municipality of Clarington
Report PSD -020-18 Page 4
3. Staff Comments
3.1 The applicant indicated that they need to have the facility constructed and operational by
July 2018. The facility is required to be licenced by Health Canada under the Access to
Cannabis for Medical Purposes Regulations.
3.2 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain
obligations have been considered prior to the development of the lands. This includes:
servicing, access, protection of natural areas, measures to mitigate the impact of
development, submission of required studies, execution of agreements and any other
requirements deemed necessary by Council.
3.3 In order to facilitate the applicant's development timelines, a site alteration permit was
approved to allow the construction of a temporary access and to start the site servicing
works prior to site plan approval.
3.4 The applicant is currently revising the site plan submission to address staff and agencies
comments. Site plan approval will be required prior to the issuance of a full building
permit. Although the site plan agreement has not been executed, staff recommend lifting
the "H" symbol at this time to allow the site servicing works. It would also allow a
conditional building permit for footings and foundation to be issued prior to the site plan
agreement being finalized.
3.5 All property taxes have been paid in full.
4. Concurrence
Not Applicable.
5. Conclusion
It is respectfully recommended that Council approve the removal of the (H) Holding
Symbol for 685 Lake Road, as shown on the attached By-law (Attachment 1).
6. Strategic Plan Application
Not applicable.
Municipality of Clarington
Report PSD -020-18 Page 5
'1*C-
4
Submitted by: Reviewed by:
David Crome, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B
Director of Planning Services CAO
Staff Contact: Brandon Weiler, Planner, Development Review, 905-623-3379 x2424 or
bweiler@clarington.net
Attachments:
Attachment 1 - By-law to remove the (H) Holding Symbol
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
Hamidreza Mirzaei
Frank Rotundo
I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2018\ZBA2018-0005 685 Lake Road Roh\Staff Report\PSD-020-18 Staff Report.Docx
Municipality of Clarington
Report PSD -020-18 Page 6
The 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 to permit
the development of a new 1,963 square metre industrial building on the subject lands (ZBA2018-
0005);
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule "Y (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding — Light Industrial ((H)M1) Zone" to "Light Industrial (M1) Zone"
as illustrated on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of the By-law.
3. This By-law shall come into effect on the date of passing hereof, subject to the provisions
of Sections 34 and 36 of the Planning Act.
By -Law passed in open session this day of
2018
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D.
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Zoning Change From'(H)M1' To 'M1'
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Adrian Foster, Mayor Bowmanville • ZBA 2018-0005 • Schedule 3 C. Anne Greentree, Municipal Clerk