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HomeMy WebLinkAbout2018-04-23Final Planning and Development Committee Agenda Date: April 23, 2018 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgray@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality’s website. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net Planning and Development Committee Agenda Date: April 23, 2018 Time: 7:00 PM Place: Council Chambers Page 2 1 Call to Order 2 New Business – Introduction Members of Committee are encouraged to provide the Clerk’s Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 April 3 Minutes Minutes of a Regular Meeting of April 3, 2018 Page 6 7 Public Meetings 7.1 Public Meeting Request to initiate the Soper Hills Secondary Plan Applicant: Municipality of Clarington Report: PSD-031-18 Location: Bowmanville East (Soper Hills) Page 16 7.2 Public Meeting Request to initiate the Soper Springs Secondary Plan Applicant: Municipality of Clarington Report: PSD-032-18 Location: Bowmanville East (Soper Springs) Page 18 Planning and Development Committee Agenda Date: April 23, 2018 Time: 7:00 PM Place: Council Chambers Page 3 7.3 Public Meeting Application for a Proposed Zoning By-law Amendment Applicant: 1029629 Ontario Inc. and Clearwater Structures Inc. Report: PSD-033-18 Location: A parcel located on either side of Lake Rd Page 20 7.4 Public Meeting Application for a Proposed Zoning By-law Amendment Applicant: Modo Bowmanville Towns Ltd. Report: Addendum Report to PSD-024-18 Location: Southeast corner of Clarington Boulevard extension and Green Road, Bowmanville Page 14 8 Delegations 8.1 Alan Savage, YYZed Project Management, Regarding Report PSD-036-18, A Revised rezoning application by 1891211 Ontario Limited to permit three apartment buildings containing 425 dwelling units, Bowmanville West Urban Centre 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications – Direction 10.1 Ernie Hardeman, M.P.P. Ernie Hardeman, M.P.P., Oxford, Regarding Municipal Authority Over Landfill Sites (Motion to Endorse) Page 22 10.2 Town of Amherstburg Tammy Fowkes, Deputy Clerk, Town of Amherstburg – Regarding Offering School Property to Municipalities (Motion for Direction) Page 24 11 Presentations No Presentations Planning and Development Committee Agenda Date: April 23, 2018 Time: 7:00 PM Place: Council Chambers Page 4 12 Planning Services Department Reports 12.1 PSD-031-18 Soper Hills Secondary Plan Study – Terms of Reference Page 27 12.2 PSD-032-18 Soper Springs Secondary Plan Study – Terms of Reference Page 65 12.3 PSD-033-18 An application by 1029629 Ontario Inc. and Clearwater Structures Inc. to rezone the recently channelized Bennett Creek portion of the lands to Environmental Protection (EP), and to remove the Holding (H) Symbol from the balance of the lands on either side of Lake Road, west of South Service Road in Bowmanville. Page 102 12.4 PSD-034-18 An Application by Bowmanville Lakebreeze West Village Ltd. for the removal the “(H) Holding” symbol to permit a total of 115 residential units in Port Darlington, Bowmanville Page 113 12.5 PSD-035-18 Application by Fifty Five Clarington Ltd. & MODO Bowmanville Towns Ltd. (Kaitlin) to rezone lands to permit two 12-storey apartment buildings containing 434 dwelling units at 51 & 55 Clarington Boulevard, Bowmanville Page 121 12.6 PSD-036-18 A revised rezoning application by 1891211 Ontario Limited to permit three apartment buildings containing 425 dwelling units, Bowmanville West Urban Centre Page 140 12.7 PSD-037-18 Heritage Designation, 156 Church Street, Bowmanville Page 167 12.8 PSD-038-18 An application by CM Planning Inc. on behalf of 2408406, 2408426 and 2408428 Ontario Inc. for Removal of “(H) Holding” Symbol to permit a model home/sales office in a Draft Approved Plan of Subdivision, Newtonville Page 182 12.9 PSD-039-18 An Application by Carlos Pereira for Removal of (H) Holding Symbol, 20 and 22 Darlington Boulevard, Courtice Page 188 Planning and Development Committee Agenda Date: April 23, 2018 Time: 7:00 PM Place: Council Chambers Page 5 13 New Business – Consideration 14 Unfinished Business 14.1 Addendum to Report PSD-024-18 A revised application by MODO Bowmanville Towns Ltd. for a rezoning to permit 414 residential units in a townhouse and apartment development in the Bowmanville West Urban Centre Page 194 14.2 PSD-027-18 Amendment to Application Fees By-law Planning and Development Applications Page 244 15 Confidential Reports 15.1 PSD-040-18 Potential Land Acquisition – Consideration of position of negotiations 16 Adjournment Clar*wn Planning and Development Committee Minutes April 3, 2018 1 WKLV LQIRUPDWLRQ IH \D V WI H F )R LQ UWH DGF $ F F H V V L E L O L W\ & R R IW [G V1L Q D W R U D W 0 L Q X W H V R I D 'PHHYHHVVO&ROSBPPHRQWWWWGI4-DH\ K 3HOOD( $ S U L CID W L Q 3 VU K H & R X Q F L O & K D P E H U V 3 U H V H Q W D' IRI Vii H $ & R) XRQV FV ED LD LRYU H G6 D V1& R R N & R X Q F L O SD RR XJ Q F5 L O OF R4 1R S -H U IHDO & R X Q F L O O R U & 7 U D L O O 5 H J U H W \& R X Q F L O O R U : : R R 6 W3DUI H V H'Q W&&U R P 3HH O Cb M U K 0 U G V 6? 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Carried Councillor Cooke arrived to the meeting at 7:03 PM. 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: National Homes (Prestonvale) Inc. Report: PSD-026-18 Location: Northeast corner of Bloor Street/Prestonvale Road, Courtice Anne Taylor-Scott, Senior Planner, made a verbal and electronic presentation to the Committee regarding the application. Christina Vaillancourt, local resident, spoke in opposition to the application. Ms. Vaillancourt stated that she is a long term resident of Clarington, and has lived here for 25 years. She is concerned that residents are at a disadvantage because everything is being built up around the area and there are very few neighbours left. Ms. Vaillancourt stated that, with previous developments, her well has run dry, and the construction produced dirt and garbage. She noted that she appreciates development in the area. Ms. Vaillancourt mentioned that she does not like having the bus stop in front of her house. She is concerned with the traffic and speeding in the area. Ms. Vaillancourt stated that the public school is already full and the proposed development will increase the school population. She explained that the valley behind her house is now full of garbage and is dangerous. Ms. Vaillancourt stated that she supports development, but would like the Committee to be thoughtful of where it goes in Clarington. She expressed concern that there are no parks or tennis courts in a walkable distance for the community. Ms. Vaillancourt stated that the roads are too narrow and parking issues will increase. She mentioned that this proposed development will lower her house value and will make the area unsafe. 7 Planning and Development Committee Minutes April 3, 2018 - 3 - Suspend the Rules Resolution #PD-053-18 Moved by Councillor Cooke, seconded by Councillor Partner That the Rules of Procedure be suspended to allow the delegation of Christina Vaillancourt to be extended for an additional minute. Carried She stated that the development of this land will degrade the surrounding environment and impact the existing school. Ed Cook, local resident, spoke in opposition to the application. Mr. Cook is concerned with the proposed townhomes surrounding his property. He stated that they will be too close to his property which will affect his satellite dish signal. Mr. Cook explained that the proposed townhomes will create a 40-50 foot wall across his property and he will be looking directly at a brick wall. He mentioned that the construction on the proposed property will kill his hedge and trees due to lack of sunlight. Mr. Cook stated that he is concerned the developer will be removing all of the trees and natural woodland area on the proposed land. He is also concerned that he will lose his view, privacy and sunlight. Hugh Neill, local resident, spoke in opposition to the application. Mr. Neill stated that regarding the appeal from the applicant, he would like to know how it affects the Council and their ability to make a decision on the application. Suspend the Rules Resolution #PD-054-18 Moved by Mayor Foster, seconded by Councillor Cooke That the Rules of Procedure be suspended to allow staff to address questions from the delegation of Hugh Neil. Carried Mr. Crome explained the recent changes to the Ontario Municipal Board and Local Planning Appeals Tribunal system of appeals. He explained the reasons for the appeal to the current application and explained the importance of public input. Janice Jones, local resident, spoke in opposition to the application. Ms. Jones stated that she is concerned with the increased traffic in the area. She explained that currently there is congestion to enter onto Highway 401 at Harmony Road. Ms. Jones stated that she would like to know more about the long term plan to deal with the traffic and future growth. Ed Cook, local resident, asked the Committee who can make changes to the plan of the subdivision. 8 Planning and Development Committee Minutes April 3, 2018 - 4 - Ryan Guetter, Weston Consulting, was present on behalf of the applicant. Mr. Guetter made a verbal and electronic presentation to the Committee regarding the application. He stated that the appeal that was filed was based on the change in legislation. Mr. Guetter explained that the applicant is still committed to engaging in this process with staff, members of the Committee and the community and continue as if it is the normal process. He explained that National Homes Inc. has built successful communities in the GTA. Mr. Guetter outlined the team members and explained that some were in the audience to answer any questions from the Committee. He displayed a map highlighting the subject property and surrounding amenities. Mr. Guetter explained that there are opportunities for additional parkland and other community facilities. He stated that the application meets the target of density within the Regional Official Plan. Mr. Guetter explained that the proposed development is a combination of land use elements under the Clarington Official Plan, including Regional corridor, urban area and environmental protection area, which drives the density of the proposed land. He mentioned that the properties existing zoning is agriculture. Mr. Guetter stated that the proposed development will consist of 19 residential blocks, including 79 townhouse units and 32 stacked townhouse units, totaling 111 units, consisting of two and three storeys. He displayed renderings of the different townhome designs. Mr. Guetter explained that the application is proposing density at the low end of the Clarington Official Plan with approximately 75 to 81 units per hectare. He stated that over half of the lands are proposed to be dedicated to a public authority. Mr. Guetter mentioned that some trees will be removed but over half of the lands will remain in their natural state. He explained that an arborist and ecologist have assessed the condition of the trees on the proposed development and are not characterized as being worthy of protection from a natural heritage perspective. Mr. Guetter stated that a public information centre was held on February 7, 2018, and constructive comments were received from the public. Suspend the Rules Resolution #PD-055-18 Moved by Mayor Foster, seconded by Councillor Hooper That the Rules of Procedure be suspended to allow the delegation of Ryan Guetter to be extended for an additional two minutes. Carried Mr. Guetter stated that the roads will be widened on the proposed development and will be private roads that meet the geometry for fire access. He mentioned that a traffic engineer has assessed the traffic in the area based on the Region’s requirements and no improvements are required. Mr. Guetter explained that a parkette has been proposed to create separation from existing homes and they will assess further issues related to trees. He offered to answer questions from the Committee. Allister Johnston, Arborist, answered questions from the Committee. John Barrington, Traffic Engineer, answered questions from the Committee. 9 Planning and Development Committee Minutes April 3, 2018 - 5 - 8 Delegations No Delegations 9 Communications - Receive for Information 9.1 Minutes of the Agricultural Advisory Committee dated March 8, 2018 Resolution #PD-056-18 Moved by Mayor Foster, seconded by Councillor Partner That Communication Item 9.1, be received for information. Carried 10 Communications – Direction 10.1 Ruth McFarlane, CEO, Durham Christian Homes, Regarding a Donation of Surplus Municipal Land Resolution #PD-057-18 Moved by Councillor Partner, seconded by Councillor Traill That Communication Item 10.1 from Ruth McFarlane, CEO, Durham Christian Homes, Regarding a Donation of Surplus Municipal Land, be referred to the Director of Planning Services. Carried 11 Presentation(s) No Presentations 12 Planning Services Department Reports 12.1 PSD-026-18 Applications by National Homes (Prestonvale) Inc. to permit a 111 unit townhouse development at the northeast corner of Prestonvale Road and Bloor Street, Courtice Resolution #PD-058-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD-026-18 be received; 10 Planning and Development Committee Minutes April 3, 2018 - 6 - That the comments received from residents at the Public Meeting be forwarded to the Land Planning Appeal Tribunal and be considered in the further processing of the applications for a draft plan of subdivision (S-C-2017-0010) and rezoning (ZBA 2017-0032) submitted by National Homes (Prestonvale) Inc.; and That all interested parties listed in Report PSD-026-18 and any delegations be advised of Council’s decision. Carried Recess Resolution #PD-059-18 Moved by Councillor Hooper, seconded by Councillor Partner That the Committee recess for 5 minutes. Carried The meeting reconvened at 9:01 PM with Councillor Neal in the Chair. 12.2 PSD-027-18 Amendment to Application Fees By-law Planning and Development Applications Resolution #PD-060-18 Moved by Councillor Partner, seconded by Councillor Hooper That Report PSD-027-18 be received; That the Fee By-law Amendment contained in Attachment 1 to Report PSD-027-18 be adopted; and That all interested parties listed in Report PSD-027-18 and any delegations be advised of Council's decision. Carried Resolution #PD-061-18 Moved by Councillor Traill, seconded by Councillor Cooke That Reports PSD-028-18, PSD-029-18 and PSD-030-18, be received on consent. Carried 11 Planning and Development Committee Minutes April 3, 2018 - 7 - 12.3 PSD-028-18 An application by Akero Developments Inc. to amend Draft Approval to add one new lot and change various zone regulations within Draft Approved Plan of Subdivision S-C 2007-0005 in the Northglen Neighbourhood, Bowmanville That Report PSD-028-18 be received; That the proposed amendment to draft approved plan of subdivision submitted by Akero Developments Inc. to permit one additional residential lot be supported as contained in Attachment 1 of Report PSD-028-18; That the proposed application for Rezoning ZBA 2017-0024 submitted by Akero Developments Inc. be approved as contained in Attachment 2 of Report PSD-028-18; That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-028-18 and Council’s decision; and That all interested parties listed in Report PSD-028-18 and any delegations be advised of Council’s decision. 12.4 PSD-029-18 An Application by David and Heather Brown for Removal of (H) Holding Symbol – 20 and 22 Foxhunt Trail, Courtice, That Report PSD-029-18 be received; That the application submitted by David and Heather Brown to remove the (H) Holding Symbol be approved and that the By-law attached to Report PSD-029- 18 to remove the (H) Holding Symbol be passed; That Council’s decision and a copy of Report PSD-029-18 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and That all interested parties listed in Report PSD-029-18 and any delegations be advised of Council's decision. 12.5 PSD-030-18 Recommendation to add 3 properties to the Municipal Register That Report PSD-030-18 be received; That 11 Mabel Bruce Way, Bowmanville be added to the Municipal Register; 12 Planning and Development Committee Minutes April 3, 2018 - 8 - That 3347 Liberty Street North, Bowmanville be added to the Municipal Register; That 45 Raynes Avenue, Bowmanville be added to the Municipal Register; and That all interested parties listed in Report PSD-030-18 and any delegations be advised of Council's decision. 13 New Business – Consideration There were no New Business Items to be considered under this Section of the Agenda. 14 Unfinished Business 15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda. 16 Adjournment Resolution #PD-062-18 Moved by Mayor Foster, seconded by Councillor Traill That the meeting adjourn at 9:33 PM. Carried ________________________ ________________________ Chair Deputy Clerk 13 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 a revised application to amend Zoning By-law 84-63. Revised Proposal Applicant: Modo Bowmanville Towns Ltd. Revised Application to Amend the Zoning By-law: To permit a multi-unit residential development containing a total of 414 dwelling units including:  152 stacked townhouse units in 4 storey buildings;  72 units in a 6 storey apartment building; and  190 units in a 11 storey apartment building. Property Location: See Key Map below and Conceptual Site Plan Sketch on reverse. The proposed zoning by-law amendment together with any additional information and background studies submitted in support of the application are available for review at the Planning Services Department. Questions or Comments? Please contact or write to Anne Taylor Scott, Senior Planner How to Provide Comments Date: Monday, April 23, 2018 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1C 3A6 Council Chambers, Municipal Administrative Centre 14 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 SYSTEM\Application Files\ZBA-Zoning\2016\ZBA2016-0010 MODO\Public Meeting\April 23 2018\ZBA2016-0010 MODO S Public Meeting Notice.docx Conceptual Site Plan Sketch 15 Notice of Public Meeting The Draft Terms of Reference for the Soper Hills Secondary Plan The Municipality is seeking public comments before making a decision to commence the preparation of the Secondary Plan. Purpose of the Meeting The Municipality of Clarington has been requested by a group of landowners to prepare a Secondary Plan for lands in east Bowmanville. A Secondary Plan is part of the Official Plan, providing more detailed direction for a specific area regarding land uses, transportation, infrastructure, natural heritage, phasing and urban design. You are invited to present your comments on the draft Terms of Reference for this project. No development approvals are under consideration at this time. The draft Terms of Reference outline the process for the Secondary Plan, including the opportunities for public input. Once finalized, the Terms of Reference will be the basis for a Request for Proposals for a consulting team to lead the project. Study Area How to be Informed The draft Terms of Reference and staff report are available for review at the Planning Services Department and on our website at www.clarington.net/community. For more information, to be added to the project mailing list or to provide comments please contact: Carlos Salazar, Manager, 905-623-3379, ext. 2409, or by email at csalazar@clarington.net or Lisa Backus, Principal Planner, 905-623-3379, ext. 2413 or by email at lbackus@clarington.net How to Provide Comments Date: Monday, April 23, 2018 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1C 3A6 File Number: PLN 41.16 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. David J. Crome, MCIP, RPP Director of Planning Services 17 Notice of Public Meeting The Draft Terms of Reference for the Soper Springs Secondary Plan The Municipality is seeking public comments before making a decision to commence the preparation of the Secondary Plan. Purpose of the Meeting The Municipality of Clarington has been requested by a group of landowners to prepare a Secondary Plan for lands in north east Bowmanville. A Secondary Plan is part of the Official Plan, providing more detailed direction for a specific area regarding land uses, transportation, infrastructure, natural heritage, phasing and urban design. You are invited to present your comments on the Draft Terms of Reference for this project. No development approvals are under consideration at this time. The draft Terms of Reference outline the process for the Secondary Plan, including the opportunities for public input. Once finalized, the Terms of Reference will be the basis for a Request for Proposals for a consulting team to lead the project. Study Area How to be Informed The draft Terms of Reference and staff report are available for review at the Planning Services Department and on our website at www.clarington.net/community. For more information, to be added to the project mailing list or to provide comments, please contact: Carlos Salazar, Manager, 905-623-3379, ext. 2409, or by email at csalazar@clarington.net or Lisa Backus, Principal Planner, 905-623-3379, ext. 2413 or by email at lbackus@clarington.net How to Provide Comments Date: Monday, April 23, 2018 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1C 3A6 File Number: PLN 41.15 18 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. David J. Crome, MCIP, RPP Director of Planning Services 19 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. Proposal 1029629 Ontario Inc. and Clearwater Structures Inc. have submitted an application to amend the Zoning By-law to rezone the recently channelized Bennett Creek portion of the lands to Environmental Protection (EP), as well as to remove the Holding (H) Symbol from the Bowmanville. The proposed amendment, and additional information are available for review at the Planning Services Department. Questions? Please contact Carlo Pellarin, Manager of Development Review at 905-623-3379, extension 2408, or by email at cpellarin@clarington.net. Speak at the Public Meeting: Date: Monday, April 23, 2018 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1C 3A6 Municipal Administrative Centre Council Chambers File Number: 20 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 21 22 23 Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH, AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519) 736-0012 Fax: (519) 736-5403 TTY: (519)736-9860 April 13, 2018 VIA EMAIL Association of Municipalities of Ontario (AMO) 200 University Avenue, Suite 801 Toronto, ON M5H-3C6 Email: amo@amo.on.ca Rural Ontario Municipal Association (ROMA) 200 University Avenue, Suite 800 Toronto, ON M5H-3C6 Email: roma@roma.on.ca Re: Offering School Property to Municipalities At the Regular meeting of April 9th, 2018, Amherstburg Town Council passed the following: Resolution # 20180409-107 “That a letter BE SENT in support of the Town of Essex's resolution regarding offering closed school properties to municipalities for one dollar.” Regards, Tammy Fowkes Deputy Clerk cc: Ontario Municipalities enlc: Town of Essex correspondence dated February 1, 2018 24 25 26 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: April 23, 2018 Report Number: PSD-031-18 Resolution: File Number: PLN 41.16 By-law Number: Report Subject: Soper Hills Secondary Plan Study – Terms of Reference Recommendations: 1.That Report PSD-031-18 be received; 2.That Planning Services staff be authorized to commence the preparation of the Soper Hills Secondary Plan; 3.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 Soper Hills Secondary Plan; 4.That the Director of Planning Services be authorized to execute the necessary cost- recovery agreements with the Bowmanville East (Soper Hills) Landowners Group for the preparation of the Soper Hills Secondary Plan; 5.That the cost recover agreements with the Bowmanville East (Soper Hills) Landowners Group include payment of 100% of the costs of the preparation of the Secondary Plan which includes consultants and municipal resources, including review time from various departments, project management and administration costs; and 6.That all interested parties for Report PSD-031-18, any delegations and the Region of Durham Planning and Economic Development Department be notified of Council’s Decision. 27 Municipality of Clarington PSD-031-18 Page 2 The purpose of this report is to inform and receive input from the land owners within the Soper Hills Secondary Plan Area and the general public on the draft terms of reference for the preparation of the Secondary Plan for the area. This report seeks Council authorization for staff to commence the preparation of the Secondary Plan generally in accordance with the draft Terms of Reference. 1. Background 1.1 The Soper Hills Secondary Plan area is located between Lambs Road in the west and the eastern extent of the Bowmanville Urban Boundary in the east. It extends from Durham Highway 2 in the south to the CP Rail line in the North. A forested tributary of the Soper Creek traverses the eastern portion of this Secondary Plan Area. Figure 1: Soper Hills Secondary Plan Area 28 Municipality of Clarington PSD-031-18 Page 3 1.2 It is a relatively small Secondary Plan area, approximately 193 hectares (477 acres) in size. There are approximately 40 landowners within this Secondary Plan area. There is a mixture of parcel sizes within the Secondary Plan area, including larger farm parcels and residential lots. 1.3 Many of the large parcel land owners and their Planning Consultant, Weston Consulting, have been meeting as a group throughout 2017. In early 2018 Weston Consulting, on behalf of the landowners sent a letter to the other land owners with the Soper Hills Secondary Plan area advising them of the proposed process and soliciting their participation in the process as part of a Landowners Group. One landowner that received this letter contacted Staff for more information. 1.4 The Bowmanville East (Soper Hills) Landowners Group Inc. (Landowners Group) is an incorporated body representing the majority of the landowners (yellow highlight) within the Secondary Plan Area (red dashed line) as represented on Figure 2 below. The Landowners Group represents about 84% of the Secondary Plan Area ownership. There are 37 properties within the Secondary Plan. Eight of these property owners belong to the Landowners Group 1.5 The Landowners Group is represented by a Trustee (Davies Howe LLP) and Weston Consulting. Staff and representatives from the Landowners Group have met several times to discuss the Secondary Plan process including their involvement with the Soper Creek Main and East Branches Subwatershed Study. This Landowners Group (in concert with the Bowmanville North (Soper Springs) Landowners Group Inc.) has committed to fund 100% of the cost of the Subwatershed Study including staff resources. The funding agreement for the Subwatershed Study between the Municipality and the Trustee for the Landowners Groups was executed in March 2018. 1.6 The Landowners Group has requested the Municipality to initiate the Secondary Plan process and study (see Attachment 1). A draft Terms of Reference was included with the request. The Landowners Group has committed to funding the costs incurred by the Municipality for the preparation of the Secondary Plan. For clarity, a Landowners Group requesting a privately initiated Secondary Plan is required to pay 100% of the costs of the preparation of the Secondary Plan which includes consultants and municipal resources, including review time from various departments, project management and administration costs. This provision is included in the Staff Report recommendations and will be included in the Secondary Plan funding agreement. 1.7 The Terms of Reference submitted by the Landowners Group was circulated to various Municipal Departments as well as external agencies. Comments received from the agencies will be incorporated in the final Terms of Reference as appropriate. 29 Municipality of Clarington PSD-031-18 Page 4 Figure 2: Landowner area 30 Municipality of Clarington PSD-031-18 Page 5 2. Secondary Planning Process Getting Authorization for a Privately-Initiated Secondary Plan 2.1 The Clarington Official Plan provides policy direction for the preparation of a privately initiated Secondary Plan. In summary the process is as follows: 1) Consultation with municipal staff and the establishment of the Landowners Group. 2) Receipt of a Request to Initiate a Secondary Plan and a proposed Terms of Reference. 3) Public Meeting and a Decision of Council to initiate the preparation of the Secondary Plan. 4) If Council decides to proceed with the Secondary Plan process, the Municipality will retain the necessary consultants. 5) All costs associated with the process, consultants and municipal project and administration costs of the Secondary Plan are to be covered 100% by the landowners group. 6) Work will only be initiated once a funding agreement is in place between the Trustee for the Landowners Group and the Municipality. Summary of the Draft Terms of Reference 2.2. Similar to the other Secondary Plans that Council has initiated, this draft Terms of Reference(See Attachment 2) has incorporated a ‘green lens’ approach to development. All studies and the Secondary Plan will be required to include details of how development in the Secondary Plan area will meet Council policies. In particular the goal to reach net zero communities and the techniques that will be employed to reduce greenhouse gas emissions. 2.3 The draft Terms of Reference are integrated with the Soper Creek Main and East Branches Subwatershed Study, as a substantial portion of the Subwatershed Study must be completed before any preliminary land uses can be contemplated in the Secondary Plan. The Subwatershed Study work plan has made reciprocal provisions. 2.4 Council approved the award of the contract to Aquafor Beech Ltd. for the preparation of the Soper Creek East and Main Branches Subwatershed Study in March 2018. Subsequently a funding agreement between the Municipality and the Bowmanville East (Soper Hills) Landowners Group Inc. and the Bowmanville North (Soper Springs) Landowners Group Inc. was executed. These two Landowners Groups have committed to fully fund this Subwatershed Study. 2.5 The Community Park designation within the Secondary Plan area and the Camp 30 lands immediately adjacent to this Secondary Plan area present opportunities for inspiration and integration as the remainder of the neighbourhood is planned. 31 Municipality of Clarington PSD-031-18 Page 6 2.6 Public participation will be integrated throughout the draft Terms of Reference. Consultant Proposals will be evaluated on their commitment to the Municipality’s online media program. The recommended public participation process will include landowners, agencies, interested citizens and the business community. Public Information Sessions will be held at specific stages of the planning process. These public participation requirements are in addition to any statutory Open House and Public Meeting requirements under the Planning Act. 2.7 The draft Terms of Reference contemplates this project being led by a Steering Committee. Although not yet finalized, it is anticipated that the Steering Committee will include Municipal, Region of Durham and CLOCA staff, the Landowner Group project manager, landowner representatives and the lead consultant retained by the Municipality. 2.8 Should Council decide to proceed with the Secondary Plan, staff will issue a Request for Proposal to engage a team of consultants to undertake the Secondary Plan. 3. Conclusion It is recommended that Council authorize staff to undertake the preparation of the Soper Hills Secondary Plan. 4. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Carlos Salazar, Manager of Community Planning at extension 2409 or csalazar@clarington.net or Lisa Backus, Principal Planner at extension 2413 or lbackus@clarington.net A list of interested parties is available with the Planning Services Department. Attachments: Attachment 1 – Consultant request to initiate the Secondary Plan Attachment 2 – Draft Terms of Reference LB/COS/aw I:\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 41 Secondary Plans\PLN 41.16 - Soper Hills (BE)Secondary Plan\Staff Reports\PSD-031-18.Docx 32 Attachment 1 to Report PSD-031-18 33 34 35 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 36 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 37 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 38 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 39 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 40 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 41 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 42 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 43 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 44 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 45 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 46 Pages 36 – 47 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-031-18) 47 1 Draft Terms of Reference for the Soper Hills Secondary Plan Area Table of Contents 1.Introduction ......................................................................................................................... 3 1.1 Study Area ........................................................................................................................ 3 1.2 Secondary Plan Priorities ................................................................................................. 4 1.3 Related Studies ................................................................................................................ 5 2.Scope of Work .................................................................................................................... 5 3.Phase 1: Background and Analysis Report ......................................................................... 6 3.1 Project Kick-off Public Information Centre ................................................................ 5 3.2 Background and Analysis Report ............................................................................. 5 3.3 Environmental Assessment (EA) .............................................................................. 6 3.4 On-line Community Engagment ................................................................................ 7 3.5 Oppurtunities and Constriants Analysis .................................................................... 7 3.6 Public Information Centre ......................................................................................... 8 3.7 Background and Analysis Summary Report ............................................................. 7 3.8 Deliverables for Phase 1 ........................................................................................... 8 4.Phase 2: Urban Design, Sustainability Principles and Alternative Land Uses ...................... 8 4.1 Best Practices .......................................................................................................... 7 4.2 Urban Design and Sustainability Principles .............................................................. 8 4.3 Alternative Land Use Plans for the Soper Hills Secondary Plan Area ....................... 8 4.4 Design Charrette and Information Sessions ............................................................. 8 4.5 Public Information Centre ......................................................................................... 8 4.6 Deliverables for Phase 2 .......................................................................................... 8 5.Phase 3: Preferred Land Use Plan ...................................................................................... 9 5.1 Selection of Prefered Land Use Plan for the Soper Hills Secondary Plan Area ........ 8 5.2 Meeting with Steering Committee on Evaluation of Preferred Land Use Plan ........... 9 5.3 Selection of the Preferred Land Use Plan ................................................................. 9 5.4 Preparation of Final Supporting Materials ................................................................. 9 5.5 Draft Secondary Plan Policies .................................................................................. 9 5.6 Draft Zoning By-law .................................................................................................. 9 5.7 3D Demonstration Plan ...........................................................................................10 5.8 Public Infromation Centre ........................................................................................10 5.9 Deliverables for Phase 3 .........................................................................................10 Attachment 2 to Report PSD-031-18 48 2 6. Phase 4: Final Draft Secondary Plan Preparation and Adoption by Council .......................11 6.1 Deliverables for Phase 4 .........................................................................................10 7. Phase 4: Final Draft Secondary Plan Preparation and Adoption by Council .......................11 7.1 Steering Committee .................................................................................................11 7.2 Technical Advisory Committee(s) ............................................................................11 8. Appendix A – General Study Terms of References ............................................................11 9. Appendix B – Priority Green Development Framework ......................................................11 49 3 1 Introduction 1.1 Study Area The Soper Hills Secondary Plan (SHSP) Study Area is illustrated in Figure 1 and is located within the Soper Creek Main and East Branches Watershed. Figure 1: Soper Hills Secondary Plan Area 50 4 The Soper Hills Secondary Plan, one of the two new secondary plan areas in Bowmanville, is located east of Lambs Road between the CP rail line and King Street East to the south. A forested tributary of the Soper Creek is located along the eastern extent of this Secondary Plan Area. The Study Area is comprised of a total of 37 properties is approximately 193 hectares (477 acres) in size. The site is a farm field with scattered farm houses, barns and treed areas. The site gradient is undulating, with drops toward the ditches at the northwest and southeast portion. The Study Area includes two residential neighbourhoods - Soper Hills and Juryvale. The Soper Hills Neighbourhood extends from Soper Creek east to the urban boundary. The western portion of this Soper Hills neighbourhood contains an approved, yet unbuilt, residential subdivision by Far Sight Developments. The eastern portion of the neighbourhood includes a strip of existing residences that front onto King Street East with the remainder almost entirely farmed. The Juryvale Neighbourhood is located north of Concession Street East. It also extends to the Soper Creek to the urban boundary and includes the Camp 30/Jury lands. The Official Plan provides for the Camp 30/Jury Lands to proceed independently through a separate planning process comprising an urban design and detailed block master plan. This neighbourhood is almost completely farmed today. 1.2 Secondary Plan Priorities The purpose of the study process is to create a Secondary Plan that conforms to and implements the Clarington Official Plan, the Durham Region Official Plan, Provincial Policies and Plans. It will also follow the recommendations from the Soper Creek Main and East Branches Subwatershed Plans. The Secondary Plan will address these five priorities: Sustainability and Climate Change Clarington Council adopted a sustainable, ‘green lens’ approach to development throughout the Official Plan. This Secondary Plan will address the criteria developed for Secondary Plan in Clarington’s Green development program and will be guided by the Priority Green Development Framework. An excerpt from the Priority Green Development Framework for Secondary Plans can be found in Appendix B to this draft Terms of Reference. It is intended that sustainable development principles and practices shall be incorporated into every part of the Secondary Plan, including the design of neighbouhoods and the allocation of land uses. The requisite studies and the resultant Secondary Plan shall include measurable targets to move towards a net zero community. Urban Design The goal for any new development is that it celebrates and enhances the history and character of Clarington. New neighbourhoods are to be created with a sense of place and all development should result in a high-quality aesthetic and design. Excellence in urban design will consider elements like building design, complete streets, views, park connectivity, sun and shadow impacts, and active transportation as well as the integration of green infrastructure into neighborhood design. 51 5 Affordable Housing The Council of the Municipality of Clarington, through the Official Plan policy supports the provision of a variety of housing types, tenure and costs for people of all ages, abilities and income groups. The Clarington Official Plan encourages a minimum of 30% of all new housing built in Urban Areas to be affordable. The Secondary Plan must reflect this policy and demonstrate how this Secondary Plan area contributes to meeting Council’s affordable housing target. Community Engagement Clarington Council is committed to community consultation and engagement. The preparation of this Secondary Plan will be supported by a thorough public engagement strategy to include a range of public consultation initiatives in order to share, consult, deliberate and collaborate with all stakeholders. These efforts will be in addition to any statutory meetings requirements. Coordination Effort An Environmental Assessment (EA) will be required for all new major (collector and arterial) roads required for the Soper Hills Secondary Plan. All public notices, communications and review periods will be designed to ensure that they conform to the requirements of both the Planning Act and Municipal Class EA. This will avoid confusing the public with multiple messages and focus Municipal resources more effectively. 1.3 Related Studies The following studies are or will be undertaken at the same time as the SHSP and must be incorporated as part of the study process. Soper Creek Main and East Branches Subwatershed Study The SHSP study area is located within the Soper Creek main and east branches watersheds. The Municipality of Clarington has initiated a Subwatershed Study (SWS) for this watershed. Each phase of the SHSP study will integrate and be responsive to the findings of the SWS with regard to natural systems. The SWS will include the preparation of a Master Drainage Plan for the subwatershed including an implementation plan for the preferred land use plan created through the SHSP study. 2 Scope of Work The scope of work will proceed in four Phases. Phase 1: Background and Analysis Report The initial phase will involve a detailed technical analysis of the area including servicing, infrastructure and initial public participation. 52 6 Phase 2: Urban Design and Sustainability Principles and Alternative Land Use Plans This phase will present alternative land use plans based on urban design and sustainable principles and best practices along with the input from the public and guided by the Steering Committee. This phase will utilize a charrette process to refine the Principles and Alternative Land Use Plans. Phase 3: Preferred Land Use Plan for the Soper Hills Secondary Plan Area Based on the preceding analysis and public engagement a Preferred Land Use Plan will be developed for the Secondary Plan area. Once the Land Use Plan has been refined the remaining studies can be completed that will support the recommended Land Use Plan. Phase 4: Final Draft Secondary Plan and Adoption by Council The recommendation phase will include the preparation of drafts of the Secondary Plan, the implementing zoning by-law and implementing urban design and sustainability guidelines. This phase includes the statutory meetings prior to Council to making a decision. 3 Phase 1: Background and Analysis Report 3.1 Project Kick-off Public Information Centre The Secondary Plan will begin with a public information centre (PIC) facilitated by the Consultant. This PIC will give the public an opportunity to be formally introduced to the project, process and invite them to share their interest and ideas for the Secondary Plan area. This meeting will also be advertised as the initiation of the EA process for the future collector and arterial roads 3.2 Background and Analysis Reports In this Phase, the following studies/tasks will commence. Not all will be completed in Phase 1 as they may require additional input from subsequent phases. However, it is expected that draft reports will be complete at the end of this phase. A summary of the scope of work for each study or task is provided in Appendix A. • Prepare a Subwatershed Study Integration Schedule • Review of existing planning documents and studies • Prepare a Planning Background Report • Prepare a Landscape Analysis • Prepare a Functional Servicing Report • Conduct a Transportation Needs Analysis • Prepare an Agricultural Impact Evaluation • Prepare a Sustainability Plan and Green Development Principles • Conduct a Commercial Analysis • Conduct an Archeological and Heritage Analyses The Subwatershed Study Integration Schedule will be prepared in Phase 1 to help identify when in the Secondary Plan process integration with the Subwatershed Study is necessary 53 7 3.3 Environmental Assessment An Environmental Assessment (EA) for new major (collector and arterial) roads required to service the Soper Hills Secondary Plan area will be undertaken as part of the Secondary Plan process. The EA will proceed through the Integrated Approach as set out in Section A.2.9 and Appendix 8 of the Municipal Class EA, 2015. These roads are subject to Schedule C of the Municipal Class EA. The consultant’s proposal must satisfy the requirements of sections A.2.9.4, A.2.9.5, and Appendix 8 of the Municipal Class EA, including: • Clear indication on project notices and communications that an integrated approach is being used; • Extended public review periods that cover the requirements of both the Planning Act and MCEA; • Preparation of a document to support the Planning Act application demonstrating how the MCEA process was satisfied; and • Issuance of a Notice of Study Completion for the MCEA process. 3.4 On-line Community Engagement A variety of different stakeholders will need to be engaged throughout the process. To complement the public information centres, public meetings and workshops outlined in these terms of reference, the Municipality will provide the online engagement tools available through “Bang the Table” platform (http://www.bangthetable.com/engagementhq/engagement-tools/). The Proponents will select the appropriate tools from the “Bang the Table” toolkit, such as visual preference surveys and forums, and include them in their work plan. The Proponent will be responsible to provide the related content for these tools. In addition to the engagement tools listed above the Proponent is encouraged to propose its own engagement strategies. 3.5 Opportunities and Constraints Analysis Based on the preliminary analysis and conclusions of the technical reports noted above and public input received, the consultant will prepare a detailed opportunities and constraints analysis. 3.6 Public Information Centre including Municipal EA requirements The consultant will present the Opportunities and Constraints Analysis at a public information centre. The consultant will also present the problem/opportunity statement as required by the Municipal Class EA process. 3.7 Background and Analysis Summary Report Phase 1 will conclude with a Background and Analysis Summary Report. It will consolidate and summarize the findings of the different technical reports and include public input to date. Critical to this analysis will be the Stage 1 Subwatershed Study Characterization report from the subwatershed study. 54 8 This Phase 1 report will inform the preparation of the Urban Design and Sustainability Principles and the Alternative Land Uses to be prepared in Phase 2. 3.8 Deliverables for Phase 1 • Kick-off PIC • Online Engagement • Opportunities and Constraints Analysis • PIC to share the Opportunities and Constraints Analysis • Background and Analysis Summary Report 4 Phase 2: Urban Design, Sustainability Principles and Alternative Land Uses 4.1 Best Practices The consultant will review best practices regarding emerging trends in sustainable neighbourhood planning and design including: urban design techniques, practices and methods that promote energy efficiency, optimal use of land and transit supportive land uses and forms. 4.2 Urban Design and Sustainability Principles Based upon the analysis of best practices, the Priority Green Development Framework and the applicable policies in the Official Plan, the consultant will propose a set of urban design and sustainability principles. The urban design and sustainability principles are intended to guide the preparation of alternative land use concepts. The Principles will form the starting point/basis for the Design Charrette. In addition, the consultant shall prepare a methodology and criteria to apply the Urban Design and Sustainability Principles for use in Phase 3 as an evaluation criterion of the Preferred Land Use Plan. 4.3 Alternative Land Use Plans for the Soper Hills Secondary Plan Area The consultant shall prepare up to three alternative land use plans for the Study Area based on the findings of the Background and Analysis Summary Report and the public information sessions. The alternatives shall indicate the proposed land uses by type (e.g., residential, institutional, open space and commercial, etc.), scale and density. Each land use plan shall also include a proposed transportation network. Accompanying the alternative land use plans will be an analysis and evaluation of the individual plan based on environmental, servicing, transportation, density, sustainability, fiscal, social and other appropriate criteria. 4.4 Design Charrette and Information Sessions The consultant will design a charrette for landowners, agencies, interested citizens and businesses. These sessions should include a presentation of best practices on topics including green streets, mixed-use buildings, active transportation networks and net zero community design. 4.5 Public Information Centre The alternative land use plans for the Study Area, with supporting components shall be presented at a Public Information Centre. 55 9 The PIC will also present the alternative road alignments so as to fulfill the Phase 2 requirements of the Municipal Class EA process. 4.6 Deliverables for Phase 2 • Urban Design and Sustainability Principles and Evaluation Criteria • Design Charette and Information Sessions • Alternative Land Use Plans • Public Information Centre 5 Phase 3: Preferred Land Use Plan 5.1 Selection of Preferred Land Use Plan for the Soper Hills Secondary Plan Area The consultant shall apply the Urban Design and Sustainability Principles developed in Phase 2 to the evaluation of the alternative land use plans. The Preferred Land Use Plan may not necessarily be one of the specific alternative land use plans prepared in Phase 2 but rather a hybrid of elements of the various land use plans. The Preferred Land Use Plan will be the basis for the Impact Assessment and Stormwater Management Plan work in the Subwatershed Study. 5.2 Meeting with the Steering Committee on Evaluation of Preferred Land Use Plan The consultant will present the Preferred Land Use Plan to Municipal Staff/Steering Committee wherein a general concurrence and agreement to proceed should be reached. 5.3 Selection of the Preferred Land Use Plan Based on discussions with the Municipal Staff/Steering Committee, the consultant shall refine the selected option. 5.4 Selection of the Preferred Land Use Plan 5.4.1 Transportation Network and Report The consultant shall finalize the transportation network based on the preferred land use plan and finalize the Transportation Report to fulfill the requirements of Phase 1 and 2 of the Municipal Class EA process. 5.4.2 Urban Design and Sustainability Guidelines The Consultant shall prepare the Urban Design and Sustainability Guidelines that will be included as an appendix to the Secondary Plan. 5.4.3 Functional Servicing Report 56 10 The consultant shall finalize the servicing plan, phasing plan and costing schedule based on the preferred land use plan and finalize an accompanying Functional Servicing Report. The preferred land use concept will be the basis of the SWS team’s preparation of a Storm Water Management Plan. This plan will be integrated with the Functional Servicing Report for the SHSP 5.4.4 Fiscal Impact Study The preferred land use concept will be the basis of a Fiscal Impact Study for the build out of the SHSP area. The Municipality will hire a Consultant to prepare this analysis independent of this project 5.5 Draft Secondary Plan Policies The consultant will prepare the necessary policies that will, together with the Preferred Land Use Plan, form a Draft Secondary Plan for Soper Hills Area 5.6 Draft Zoning By-law A draft zoning by-law will be prepared that implements the Secondary Plan policies. 5.7 3D Demonstration Plan The consultant will prepare a 3D model as a draft Demonstration Plan of the build out of the SHSP area that reflects the Preferred Land Use Plan and proposed draft policies 5.8 Public Information Centre The consultant shall present the Preferred Land Use Plan, draft demonstration plan and draft policies for the SHSP to the public. The recommended Major Roads Plan will be presented to complete the Class EA component of the study. 5.9 Deliverables for Phase 3 • Preferred Land Use Plan • Transportation Network and Report (consistent with Phase 1 and Phase 2 of the Municipal Class Environmental Assessments) • Urban Design and Sustainability Guidelines • Functional Servicing Report • Fiscal Impact Study • Draft Secondary Plan • Draft Zoning By-law • 3D Demonstration Plan 57 11 • Public Information Centre 6 Phase 4: Final Draft Secondary Plan Preparation and Adoption by Council This Phase will focus on preparing the final documents for the statutory public process and Council decision. The consultant will prepare the final Draft Soper Hills Secondary Plan and any Official Plan Amendments if required. The consultant will present the final draft documents at the statutory open house and public meetings. 6.1 Deliverables for Phase 4 • Soper Hills Secondary Plan including schedules (land use, transportation, parks and open space) supporting SHSP policies; o Urban Design and Sustainability Guidelines as Appendix to the Secondary Plan • Official Plan Amendment • Zoning By-law (the statutory process for the Zoning By-law will follow Council’s adoption of the Secondary Plan. 7 Phase 4: Final Draft Secondary Plan Preparation and Adoption by Council The consultant’s proposed work plan needs to include the number of meetings necessary for the Steering Committee to review draft technical reports, presentations, surveys or any other product as part of this process. Sufficient time should be allowed for the Steering Committee members to review and arrive at a decision. The Planning Services Department will be responsible for the overall project management, administration, and day to day operations. The project will be fully funded by the Bowmanville East (Soper Hills) Landowners Group Inc. 7.1 Steering Committee • The Steering Committee will be composed of: • The lead Consultant • Municipal Staff representing key departments (i.e. Planning and Engineering) • Staff of key commenting agencies such as the Region of Durham and CLOCA • The project manager – Weston Consulting • One land owner from the Landowners Group (not their representative) 7.2 Technical Advisory Committee(s) Technical Advisory Committee(s) will be established for various technical disciplines as needed. 58 12 Examples of such disciplines are stormwater management, municipal servicing, transportation, urban design and planning. Meetings of the various Technical Advisory Committee(s) will be established to review and comment upon the findings of the technical reports in Phases 1, 2 and 3 as appropriate prior to their publication. These committee(s) will be composed of the lead consultant, Municipal and Regional Staff and a technical consulting advisor to the Bowmanville East (Soper Hills) Landowners Group as appointed by the Group. 59 13 Appendix A – General Study Terms of References 1. Subwatershed Study Integration Schedule The Subwatershed Study Integration Schedule will outline the relationship between the SHSP and the Soper Creek Main and East Branches Subwatershed Study. It will describe the critical junctures in each Study that cross-rely on the other study. Although each study is undertaken independently, they cannot be completed in isolation of one another. 2. Review of Existing Planning Documents and Studies A general review shall be undertaken of all relevant planning documents and studies which may relate to the study area, including any submissions from respective development interests. 3. Planning Background Report This Component shall include the following: • An inventory of existing and proposed land uses by area and type within and adjacent to the Study Area. • A review of property ownership within the Study Area. • Identify opportunities and constraints to the development of lands within the Study Area. • Identify any impact that development may have on existing uses within the Study Area. • Identify need and potential for commercial uses (neighbourhood, community or broader scale). • Incorporate the findings from the Subwatershed Study. 4. Landscape Analysis This Component shall include the following: • Describe and assess the existing context of the lands within the Study Area. • Identify the Study Area’s topography and grading; existing built form; and natural features. • Prepare a summary of the Study Area in terms of parcel, topography, and built environment as foundation for the Area’s development. 5. Functional Servicing Report Identify and assess the future availability of the provision of water and sanitary sewer services and constraints to the Study Area. This review shall include the identification of the geographic limits to servicing and the costs, staging and financing which will be required to facilitate urban development in this area. These matters shall be prepared in close consultation with the Municipality’s Engineering and Building Services Department and the 60 14 Region of Durham. Stormwater drainage and water quality matters will be addressed through the Subwatershed Study and incorporated into the development of options and selection of a preferred land use plan. Once the preferred land use plan is prepared, a general servicing base plan will be prepared based on the analysis, the Subwatershed Study and review of any requirements of the Municipality, the Region of Durham and Provincial Ministries and/or agencies. The servicing plan shall illustrate, among other matters, in graphic and textual form, the general provision of water services, sanitary sewer services and storm water drainage and associated facilities, if appropriate, for the Study Area. The servicing plan shall also include an appropriate phasing and costing schedule. 6. Transportation Needs Analysis This Component shall include the following: • A review of the existing and proposed transportation linkages to the Study Area. • A general review of the various transportation linkages to the Study Area from the existing and proposed transportation facilities. • An assessment of the Durham Region Transportation Master Plan and, in particular, the opportunities for transit and transit supporting development patterns, in relation to the Study Area. 7. Agricultural Impact Evaluation This Component shall include the following: • A review of agricultural land uses surrounding the Study Area, and applicable planning policies and regulations. • An assessment to determine the potential adverse physical and operational impacts of the proposed uses described in the SHSP on surrounding agricultural uses; and to address issues of concern in consultation with the Clarington Agricultural Advisory Committee (“CAAC”). 8. Sustainability Plan and Green Development Principles In conjunction with, and as part of, the findings of all other parts of the Secondary Plan study, the consultant shall identify and assess sustainable development principles and practices. This study shall utilize as a minimum the Priority Green Clarington Development Framework and Official Plan Policies. In addition, the consultant shall prepare a set of guiding principles and standards for sustainable development (including servicing, roads, parks, open space, residential, 61 15 commercial, institutional, land and buildings and development), which support, but are not limited to, the following: • An approach to development that incorporates/utilizes/respects the vital function of Green Infrastructure. • A development pattern that encourages and supports transit usage. • A development pattern that is adaptable over time for future generations and promotes redevelopment of land and repurposing of buildings. • A land use and development pattern which establishes good connectivity and mobility in the area for automobiles, cyclists and pedestrians and provides healthy lifestyle choices. • A mix of housing and other uses which help create a complete community and contribute to the health and vibrancy of the existing and future community. • Green development standards that include resilient infrastructure and reduced greenhouse gas emissions in support of the move towards a net zero community. A component of the Sustainability Plan and Green Development Principles will be a Neighbourhood Energy Plan which will include consideration of: • Energy use early in the land-use and infrastructure planning process and identify opportunities to integrate local energy solutions at the building or neighbourhood scale. It should identify development and infrastructure to Minimize the use of electricity, natural gas and gasoline consumption; • Address energy-efficient building orientation, design and construction; and • Identify opportunities and targets for on-site energy generation, district heating and renewable energy options including opportunities for changing stations. It is intended that sustainable development principles and practices outlined above shall be infused into every thematic area of the Secondary Plan, including the design of neighbourhoods and arrangement of land uses. The Sustainability Plan and Standards should include measurable targets to move towards a net zero community. 9. Commercial Analysis This Component shall include the following: • A review of commercial background information available from the Municipality and Region including the existing inventory of retail space. • An identification of the need for neighbourhood and/or community based commercial uses based on a residual demand basis. • An identification of the need for commercial uses to serve a broader 62 16 geographical area. • Identify need and potential for higher order uses (e.g., hotel, office, etc.) if appropriate. The Commercial Analysis shall include the appropriate technical planning and market study components to establish the current overall supply of floor space in the Bowmanville Urban Area and the justification for space needs in the Study Area. 10. Archaeological and Heritage Analyses This Component shall include the following: • Undertake an analysis of archaeological potential (Stage 1 Archaeological Assessments as per the Ministry of Tourism, Culture and Recreation). • Undertake an historical analysis of all existing structures within the Study Area, including review of the Municipality of Clarington’s Heritage Inventory, and establish the historical importance, if any, of the structures. • Identify those heritage features that warrant preservation. Prepare a strategy for the incorporation of heritage structures into the SHSP. In completion of this task, the consultant shall consult with Clarington Heritage Committee. 63 17 Appendix B – Priority Green Development Framework The Sustainability Plan and Green Development Standards will demonstration how, at a minimum, the criteria for Secondary Plans established in the Priority Green Clarington Development Framework and Implementation Plan are addressed, and how the Secondary Plan can support moving towards net zero communities that are resilient to the potential impacts of climate change. The four themes that represent the core elements of a sustainable community and are addressed by the Priority Green Clarington – Green Development Framework and Implementation Plan are: Built Environment The built environment is the constructed physical environment in which we live, work and play each day. It considers the design and layout of a neighbourhood, including land use mix and diversity, and the interaction of the buildings, road systems and other infrastructure that we encounter. Mobility Mobility is about reducing vehicle dependency and offering choices for residents to travel in to, out of and through neighbourhoods each day. It speaks to facilitating active transportation in order to reduce pressure on Clarington’s transportation network and reduce emissions from entering the environment, while contributing to human health and well-being. Natural Environment & Open Space This theme seeks to protect and enhance ecologically significant components of Clarington’s natural heritage system, to encourage design that works with natural conditions and gains benefit from the environmental, economic and social benefits of the natural landscape, and promotes linkages to a diverse range of open spaces, parks and recreation facilities. Infrastructure & Buildings Green neighbourhoods strive to use resources more efficiently, leading to potential cost savings. This theme identifies means to maximize energy and water conservation, minimize the consumption of resources, and contribute to climate change mitigation and adaptation. 64 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: April 23, 2018 Report Number: PSD-032-18 Resolution: File Number: PLN 41.15 By-law Number: Report Subject: Soper Springs Secondary Plan Study – Terms of Reference Recommendations: 1.That Report PSD-032-18 be received; 2.That Planning Services staff be authorized to commence the preparation of the Soper Springs Secondary Plan; 3.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 Soper Springs Secondary Plan; 4.That the Director of Planning Services be authorized to execute the necessary cost- recovery agreements with the Bowmanville North (Soper Springs) Landowners Group Inc. for the preparation of the Soper Springs Secondary Plan; and 5.That the cost recover agreements with the Bowmanville North (Soper Springs) Landowners Group include payment of 100% of the costs of the preparation of the Secondary Plan which includes consultants and municipal resources, including review time from various departments, project management and administration costs; and 6.That all interested parties for Report PSD-032-18, any delegations and the Region of Durham Planning and Economic Development Department be notified of Council’s Decision. 65 Municipality of Clarington PSD-032-18 Page 2 The purpose of this report is to inform and receive input from the landowners within the Soper Springs Secondary Plan Area and the general public on the draft terms of reference for the preparation of the Secondary Plan for the area. This report seeks Council authorization for staff to commence the preparation of the Secondary Plan generally in accordance with the draft Terms of Reference. 1. Background 1.1 The Soper Springs Secondary Plan area is located between Liberty Street North in the west and Lambs Road in the east. It extends from Concession Road 3 in the south to the Urban Boundary in the north. The Environmental Protection Area associated with the many forested tributaries of the Soper Creek dominates the landscape in this Secondary Plan area. The Secondary Plan area, is approximately 186 hectares (459 acres) in size. Figure 1: Soper Springs Secondary Plan Area 66 Municipality of Clarington PSD-032-18 Page 3 1.2 Some of the large parcel land owners and their Planning Consultant, Weston Consulting, were meeting as a group throughout 2017. In early 2018 Weston Consulting, on behalf of this informal group of landowners sent a letter to the other land owners with the Soper Springs Secondary Plan area advising them of the proposed process and soliciting their participation in the process. 1.3 The Bowmanville North (Soper Springs) Landowners Group Inc. (Landowners Group) is an incorporated body representing the majority of the land (yellow highlight) within the Secondary Plan Area (red dashed line) as represented on Figure 2 below. There are 15 landowners within the Secondary Plan Area with four of them making up the Landowners group. These four land owners control 80% of the land in the Secondary Plan Area. 1.4 The Landowners Group is represented by a Trustee (Davies Howe LLP) and consultant (Weston Consulting). Staff and representatives from the Landowners Group have met several times to discuss the Secondary Plan process including their involvement with the Soper Creek Main and East Branches Subwatershed Study. This Landowners Group (in concert with the Bowmanville East (Soper Springs) Landowners Group Inc.) has committed to fund 100% of the cost of the Subwatershed Study including staff resources. The funding agreement for the Subwatershed Study between the Municipality and the Trustee for the Landowners Groups was executed in March 2018. 1.5 The Landowner Group has requested the Municipality to initiate the Secondary Plan process and study (see Attachment 1). A draft Terms of Reference was included with the request. The Landowners Group has committed to funding the costs incurred by the Municipality for the preparation of the Secondary Plan. For clarity, a Landowners Group requesting a privately initiated Secondary Plan is required to pay 100% of the costs of the preparation of the Secondary Plan which includes consultants and municipal resources, including review time from various departments, project management and administration costs. This provision is included in the Staff Report recommendations and will be included in the Secondary Plan funding agreement. 1.6 The Terms of Reference submitted by the Landowners Group was circulated to various Municipal Departments as well as external agencies. Comments received from the agencies will be incorporated in the final Terms of Reference as appropriate. 67 Municipality of Clarington PSD-032-18 Page 4 Figure 2: Soper Springs Secondary Plan Area 2. Secondary Planning Process Getting Authorization for a Privately-Initiated Secondary Plan 2.1. The Clarington Official Plan provides policy direction for the preparation of a privately initiated Secondary Plan. In summary the process is as follows: 1) Consultation with municipal staff and the establishment of the Landowners Group. 2) Receipt of a Request to Initiate a Secondary Plan and a proposed Terms of Reference. 3) Public Meeting and a Decision of Council to initiate the preparation of the Secondary Plan. 4) If Council decides to proceed with the Secondary Plan process, the Municipality will retain the necessary consultants. 68 Municipality of Clarington PSD-032-18 Page 5 5) All costs associated with the process, consultants and municipal project and administration of the Secondary Plan are to be covered 100% by the Landowners Group. 6) Work will only be initiated once a funding agreement is in place between the Trustee for the Landowners Group and the Municipality. 2.2 Staff have met with the landowners prior to the formation of the Landowners Group and have met since the group was incorporated and a Trustee appointed. 2.3 In December 2017, the Landowner Group requested that the Municipality initiate the Secondary Plan process and study. A draft Terms of Reference was included in the request. The Terms of Reference submitted by the Landowners Group was circulated to various Municipal Departments as well as external agencies. Comments received from the agencies will be incorporated in the final Terms of Reference as appropriate. Summary of the Draft Terms of Reference 2.4 Similar to other Secondary Plans Council has initiated, this draft Terms of Reference (Attachment 2) has incorporated a ‘green lens’ approach to development. All studies and the Secondary Plan will be required to include details of how development in the Secondary Plan area will meet Council policies. In particular the goal to reach net zero communities and the techniques that will be employed to reduce greenhouse gas emissions. 2.5 The draft Terms of Reference are integrated with the Soper Creek Main and East Branches Subwatershed Study, as a substantial portion of the Subwatershed Study must be completed before any preliminary land uses can be contemplated in the Secondary Plan area. The Subwatershed Study work plan has made reciprocal provisions. 2.6 Council approved the award of the contract to Aquafor Beech Ltd. for the preparation of the Soper Creek East and Main Branches Subwatershed Study in March 2018. Subsequently a funding agreement between the Municipality and the Bowmanville East (Soper Hills) Landowners Group Inc. and the Bowmanville North (Soper Springs) Landowners Group Inc. was executed. These two Landowners Groups have committed to fully fund this Subwatershed Study (including Municipal project management and administrative costs). 2.7 The Community Park designation and the extensive natural heritage system within this Secondary Plan area present opportunities for inspiration and integration as this area is planned. 2.8 Public participation will be integrated throughout the draft Terms of Reference. Consultant Proposals will be evaluated on their commitment to the Municipality’s online media program, “Bang the Table”. The recommended public participation process will include landowners, agencies, interested citizens and the business community. Public 69 Municipality of Clarington PSD-032-18 Page 6 Information Sessions will be held at specific stages of the planning process. These public participation requirements are in addition to any statutory Open House and Public Meeting requirements under the Planning Act. 2.9 The draft Terms of Reference contemplates this project being led by a Steering Committee. Although not yet finalized, it is anticipated that the Steering Committee will include Municipal, Region of Durham and CLOCA staff, Weston Consulting project manager, landowner representatives and the lead consultant. 2.10 Should Council decide to proceed with the Secondary Plan, staff will issue a Request for Proposal to engage a team of consultants to undertake the Secondary Plan. 3. Conclusion It is respectfully recommended that Council authorize staff to undertake the preparation of the Soper Springs Secondary Plan. 4. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Carlos Salazar, Manager of Community Planning at extension 2409 or csalazar@clarington.net or Lisa Backus, Principal Planner at extension 2413 or lbackus@clarington.net A list of interested parties is available in the Planning Services Department. Attachments: Attachment 1 – Consultant request to initiate the Secondary Plan Attachment 2 – Draft Terms of Reference LB/COS/aw I:\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 41 Secondary Plans\PLN 41.15 - Bowm North (Salem Springs) Secondary Plan\Public Meeting April 23\Staff Reports\PSD-032- 18.Docx 70 Attachment 1 to Report PSD-032-18 71 72 73 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 74 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 75 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 76 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 77 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 78 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 79 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 80 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 81 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 82 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 83 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 84 Pages 74 – 85 of the April 23, 2018 Planning and Development Committee Meeting have been intentionally removed. (Attachment 1 to Report PSD-032-18) 85 1 Draft Terms of Reference for the Soper Springs Secondary Plan Area Table of Contents 1.Introduction ......................................................................................................................... 3 1.1 Study Area ........................................................................................................................ 3 1.2 Secondary Plan Priorities ................................................................................................. 4 1.3 Related Studies ................................................................................................................ 5 2.Scope of Work .................................................................................................................... 5 3.Phase 1: Background and Analysis Report ......................................................................... 6 3.1 Project Kick-off Public Information Centre ................................................................ 5 3.2 Background and Analysis Report ............................................................................. 5 3.3 Environmental Assessment (EA) .............................................................................. 6 3.4 On-line Community Engagment ................................................................................ 6 3.5 Oppurtunities and Constriants Analysis .................................................................... 6 3.6 Public Information Centre ......................................................................................... 7 3.7 Background and Analysis Summary Report ............................................................. 7 3.8 Deliverables for Phase 1 ........................................................................................... 7 4.Phase 2: Urban Design, Sustainability Principles and Alternative Land Uses ...................... 7 4.1 Best Practices .......................................................................................................... 7 4.2 Urban Design and Sustainability Principles .............................................................. 7 4.3 Alternative Land Use Plans for the Soper Springs Secondary Plan Area .................. 7 4.4 Design Charrette and Information Sessions ............................................................. 8 4.5 Public Information Centre ......................................................................................... 8 4.6 Deliverables for Phase 2 .......................................................................................... 8 5.Phase 3: Preferred Land Use Plan ...................................................................................... 8 5.1 Selection of Prefered Land Use Plan for the Soper Springs Secondary Plan Area ... 8 5.2 Meeting with Steering Committee on Evaluation of Preferred Land Use Plan ........... 8 5.3 Selection of the Preferred Land Use Plan ................................................................. 8 5.4 Preparation of Final Supporting Materials ................................................................. 9 5.5 Draft Secondary Plan Policies .................................................................................. 9 5.6 Draft Zoning By-law .................................................................................................. 9 5.7 3D Demonstration Plan ............................................................................................ 9 5.8 Public Infromation Centre ......................................................................................... 9 5.9 Deliverables for Phase 3 .........................................................................................10 Attachment 2 to PSD-032-18 86 2 6. Phase 4: Final Draft Secondary Plan Preparation and Adoption by Council .......................10 6.1 Deliverables for Phase 4 .........................................................................................10 7. Phase 4: Final Draft Secondary Plan Preparation and Adoption by Council .......................11 7.1 Steering Committee .................................................................................................11 7.2 Technical Advisory Committee(s) ............................................................................11 8. Appendix A – General Study Terms of References ............................................................11 9. Appendix B – Priority Green Development Framework ......................................................11 87 3 1 Introduction 1.1 Study Area The Soper Springs Secondary Plan (SSSP) Study Area is illustrated in Figure 1 and is located within the Soper Creek Main and East Branches Watershed. Figure 1: Soper Springs Secondary Plan Area The Soper Springs Neighbourhood, located in north Bowmanville, is comprised of a total of 15 properties having an area of approximately 186 hectares (459 acres). It is located east of Liberty Street, North of Concession Road 3 and west of the Soper Creek Valley. Its northern limit is the Bowmanville Urban Boundary. The site generally consists of farmland and woodland between a number of ditches or tributaries of Soper Creek, draining towards the southeast. The site gradient drops uniformly towards the southeast, having the grade difference of more than 30 m across the site. This area includes lands which appear to be the headwaters for a number of tributaries of the Soper Creek. Similar to the Northglen Neighbourhood in northwest Bowmanville and the Farewell Heights Neighbourhood in north Courtice, Soper Springs is located on the former Lake Iroquois Shoreline, an area identified as hydrologically significant. 88 4 1.2 Secondary Plan Priorities The purpose of the study process is to create a Secondary Plan that conforms to and implements the Clarington Official Plan, the Durham Region Official Plan, Provincial Policies and Plans. It will also follow the recommendations from the Soper Creek Main and East Branches Subwatershed Plans. The Secondary Plan will address these five priorities: Sustainability and Climate Change Clarington Council adopted a sustainable, ‘green lens’ approach to development throughout the Official Plan. This Secondary Plan will address the criteria developed for Secondary Plan in Clarington’s Green development program and will be guided by the Priority Green Development Framework. An excerpt from the Priority Green Development Framework for Secondary Plans can be found in Appendix B to this draft Terms of Reference. It is intended that sustainable development principles and practices shall be incorporated into every part of the Secondary Plan, including the design of neighbouhoods and the allocation of land uses. The requisite studies and the resultant Secondary Plan shall include measurable targets to move towards a net zero community. Urban Design The goal for any new development is that it celebrates and enhances the history and character of Clarington. New neighbourhoods are to be created with a sense of place and all development should result in a high-quality aesthetic and design. Excellence in urban design will consider elements like building design, complete streets, views, park connectivity, sun and shadow impacts, and active transportation as well as the integration of green infrastructure into neighborhood design. Affordable Housing The Council of the Municipality of Clarington, through the Official Plan policy supports the provision of a variety of housing types, tenure and costs for people of all ages, abilities and income groups. The Clarington Official Plan encourages a minimum of 30% of all new housing built in Urban Areas to be affordable. The Secondary Plan must reflect this policy and demonstrate how this Secondary Plan area contributes to meeting Council’s affordable housing target. Community Engagement Clarington Council is committed to community consultation and engagement. The preparation of this Secondary Plan will be supported by a thorough public engagement strategy to include a range of public consultation initiatives in order to share, consult, deliberate and collaborate with all stakeholders. These efforts will be in addition to any statutory meetings requirements. Coordination Effort An Environmental Assessment (EA) will be required for all new major (collector and arterial) roads 89 5 required for the Soper Springs Secondary Plan. All public notices, communications and review periods will be designed to ensure that they conform to the requirements of both the Planning Act and Municipal Class EA. This will avoid confusing the public with multiple messages and focus Municipal resources more effectively. 1.3 Related Studies The following studies are or will be undertaken at the same time as the SSSP and must be incorporated as part of the study process. Soper Creek Main and East Branches Subwatershed Study The SSSP study area is located within the Soper Creek Main and East Branches watershed. The Municipality of Clarington has initiated a Subwatershed Study (SWS) for this watershed. Each phase of the SSSP study will integrate and be responsive to the findings of the SWS with regard to natural systems. The SWS will include the preparation of a Master Drainage Plan for the subwatershed including an implementation plan for the preferred land use plan created through the SSSP study. 2 Scope of Work The scope of work will proceed in four Phases. Phase 1: Background and Analysis Report The initial phase will involve a detailed technical analysis of the area including servicing, infrastructure and initial public participation. Phase 2: Urban Design and Sustainability Principles and Alternative Land Use Plans This phase will present alternative land use plans based on urban design and sustainable principles and best practices along with the input from the public and guided by the Steering Committee. This phase will utilize a charrette process to refine the Principles and Alternative Land Use Plans. Phase 3: Preferred Land Use Plan for the Soper Springs Secondary Plan Area Based on the preceding analysis and public engagement a Preferred Land Use Plan will be developed for the Secondary Plan area. Once the Land Use Plan has been refined the remaining studies can be completed that will support the recommended Land Use Plan. Phase 4: Final Draft Secondary Plan and Adoption by Council The recommendation phase will include the preparation of drafts of the Secondary Plan, the implementing zoning by-law and implementing urban design and sustainability guidelines. This phase includes the statutory meetings prior to Council to making a decision. 90 6 3 Phase 1: Background and Analysis Report 3.1 Project Kick-off Public Information Centre The Secondary Plan will begin with a public information centre (PIC) facilitated by the Consultant. This PIC will give the public an opportunity to be formally introduced to the project, process and invite them to share their interest and ideas for the Secondary Plan area. This meeting will also be advertised as the initiation of the EA process for the future collector and arterial roads 3.2 Background and Analysis Reports In this Phase, the following studies/tasks will commence. Not all will be completed in Phase 1 as they may require additional input from subsequent phases. However, it is expected that draft reports will be complete at the end of this phase. A summary of the scope of work for each study or task is provided in Appendix A. • Prepare a Subwatershed Study Integration Schedule • Review of existing planning documents and studies • Prepare a Planning Background Report • Prepare a Landscape Analysis • Prepare a Functional Servicing Report • Conduct a Transportation Needs Analysis • Prepare an Agricultural Impact Evaluation • Prepare a Sustainability Plan and Green Development Principles • Conduct a Commercial Analysis • Conduct an Archeological and Heritage Analyses The Subwatershed Study Integration Schedule will be prepared in Phase 1 to help identify when in the Secondary Plan process integration with the Subwatershed Study is necessary 3.3 Environmental Assessment An Environmental Assessment (EA) for new major (collector and arterial) roads required to service the Soper Springs Secondary Plan area will be undertaken as part of the Secondary Plan process. The EA will proceed through the Integrated Approach as set out in Section A.2.9 and Appendix 8 of the Municipal Class EA, 2015. These roads are subject to Schedule C of the Municipal Class EA. The consultant’s proposal must satisfy the requirements of sections A.2.9.4, A.2.9.5, and Appendix 8 of the Municipal Class EA, including: • Clear indication on project notices and communications that an integrated approach is being used; • Extended public review periods that cover the requirements of both the Planning Act and MCEA; • Preparation of a document to support the Planning Act application demonstrating how the MCEA process was satisfied; and • Issuance of a Notice of Study Completion for the MCEA process. 91 7 3.4 On-line Community Engagement A variety of different stakeholders will need to be engaged throughout the process. To complement the public information centres, public meetings and workshops outlined in these terms of reference, the Municipality will provide the online engagement tools available through “Bang the Table” platform (http://www.bangthetable.com/engagementhq/engagement-tools/). The Proponents will select the appropriate tools from the “Bang the Table” toolkit, such as visual preference surveys and forums, and include them in their work plan. The Proponent will be responsible to provide the related content for these tools. In addition to the engagement tools listed above the Proponent is encouraged to propose its own engagement strategies. 3.5 Opportunities and Constraints Analysis Based on the preliminary analysis and conclusions of the technical reports noted above and public input received, the consultant will prepare a detailed opportunities and constraints analysis. 3.6 Public Information Centre including Municipal EA requirements The consultant will present the Opportunities and Constraints Analysis at a public information centre. The consultant will also present the problem/opportunity statement as required by the Municipal Class EA process. 3.7 Background and Analysis Summary Report Phase 1 will conclude with a Background and Analysis Summary Report. It will consolidate and summarize the findings of the different technical reports and include public input to date. Critical to this analysis will be the Stage 1 Subwatershed Study Characterization report from the subwatershed study. This Phase 1 report will inform the preparation of the Urban Design and Sustainability Principles and the Alternative Land Uses to be prepared in Phase 2. 3.8 Deliverables for Phase 1 • Kick-off PIC • Online Engagement • Opportunities and Constraints Analysis • PIC to share the Opportunities and Constraints Analysis • Background and Analysis Summary Report 4 Phase 2: Urban Design, Sustainability Principles and Alternative Land Uses 4.1 Best Practices The consultant will review best practices regarding emerging trends in sustainable neighbourhood planning and design including: urban design techniques, practices and methods that promote energy efficiency, optimal use of land and transit supportive land uses and forms. 92 8 4.2 Urban Design and Sustainability Principles Based upon the analysis of best practices, the Priority Green Development Framework and the applicable policies in the Official Plan, the consultant will propose a set of urban design and sustainability principles. The urban design and sustainability principles are intended to guide the preparation of alternative land use concepts. The Principles will form the starting point/basis for the Design Charrette. In addition, the consultant shall prepare a methodology and criteria to apply the Urban Design and Sustainability Principles for use in Phase 3 as an evaluation criterion of the Preferred Land Use Plan. 4.3 Alternative Land Use Plans for the Soper Springs Secondary Plan Area The consultant shall prepare up to three alternative land use plans for the Study Area based on the findings of the Background and Analysis Summary Report and the public information sessions. The alternatives shall indicate the proposed land uses by type (e.g., residential, institutional, open space and commercial, etc.), scale and density. Each land use plan shall also include a proposed transportation network. Accompanying the alternative land use plans will be an analysis and evaluation of the individual plan based on environmental, servicing, transportation, density, sustainability, fiscal, social and other appropriate criteria. 4.4 Design Charrette and Information Sessions The consultant will design a charrette for landowners, agencies, interested citizens and businesses. These sessions should include a presentation of best practices on topics including green streets, mixed-use buildings, active transportation networks and net zero community design. 4.5 Public Information Centre The alternative land use plans for the Study Area, with supporting components shall be presented at a Public Information Centre. The PIC will also present the alternative road alignments so as to fulfill the Phase 2 requirements of the Municipal Class EA process. 4.6 Deliverables for Phase 2 • Urban Design and Sustainability Principles and Evaluation Criteria • Design Charette and Information Sessions • Alternative Land Use Plans • Public Information Centre 5 Phase 3: Preferred Land Use Plan 5.1 Selection of Preferred Land Use Plan for the Soper Springs Secondary Plan Area The consultant shall apply the Urban Design and Sustainability Principles developed in Phase 2 to the evaluation of the alternative land use plans. The Preferred Land Use Plan may not necessarily 93 9 be one of the specific alternative land use plans prepared in Phase 2 but rather a hybrid of elements of the various land use plans. The Preferred Land Use Plan will be the basis for the Impact Assessment and Stormwater Management Plan work in the Subwatershed Study. 5.2 Meeting with the Steering Committee on Evaluation of Preferred Land Use Plan The consultant will present the Preferred Land Use Plan to Municipal Staff/Steering Committee wherein a general concurrence and agreement to proceed should be reached. 5.3 Refinement of Preferred Land Use Plan Based on discussions with the Municipal Staff/Steering Committee, the consultant shall refine the selected option. 5.3.1 Preparation of Final Supporting Materials 5.3.1.1 Transportation Network and Report The consultant shall finalize the transportation network based on the preferred land use plan and finalize the Transportation Report to fulfill the requirements of Phase 1 and 2 of the Municipal Class EA process. 5.3.1.2 Urban Design and Sustainability Guidelines The Consultant shall prepare the Urban Design and Sustainability Guidelines that will be included as an appendix to the Secondary Plan. 5.3.1.3 Functional Servicing Report The consultant shall finalize the servicing plan, phasing plan and costing schedule based on the preferred land use plan and finalize an accompanying Functional Servicing Report. The preferred land use concept will be the basis of the SWS team’s preparation of a Storm Water Management Plan. This plan will be integrated with the Functional Servicing Report for the SSSP 5.3.1.4 Fiscal Impact Study The preferred land use concept will be the basis of a Fiscal Impact Study for the build out of the SSSP area. The Municipality will hire a Consultant to prepare this analysis independent of this project 5.4 Draft Secondary Plan Policies The consultant will prepare the necessary policies that will, together with the Preferred Land Use Plan, form a Draft Secondary Plan for Soper Springs Area 5.5 Draft Zoning By-law A draft zoning by-law will be prepared that implements the Secondary Plan policies. 94 10 5.6 3D Demonstration Plan The consultant will prepare a 3D model as a draft Demonstration Plan of the build out of the SSSP area that reflects the Preferred Land Use Plan and proposed draft policies 5.7 Public Information Centre The consultant shall present the Preferred Land Use Plan, draft demonstration plan and draft policies for the SSSP to the public. The recommended Major Roads Plan will be presented to complete the Class EA component of the study. 5.8 Deliverables for Phase 3 • Preferred Land Use Plan • Transportation Network and Report (consistent with Phase 1 and Phase 2 of the Municipal Class Environmental Assessments) • Urban Design and Sustainability Guidelines • Functional Servicing Report • Fiscal Impact Study • Draft Secondary Plan • Draft Zoning By-law • 3D Demonstration Plan • Public Information Centre 6 Phase 4: Final Draft Secondary Plan Preparation and Adoption by Council This Phase will focus on preparing the final documents for the statutory public process and Council decision. The consultant will prepare the final Draft Soper Springs Secondary Plan and any Official Plan Amendments if required. The consultant will present the final draft documents at the statutory open house and public meetings. 6.1 Deliverables for Phase 4 • Soper Springs Secondary Plan including schedules (land use, transportation, parks and open space) and supporting SSSP policies; o Urban Design and Sustainability Guidelines as Appendix to the Secondary Plan • Official Plan Amendment 95 11 • Zoning By-law (the statutory process for the Zoning By-law will follow Council’s adoption of the Secondary Plan. 7 Project Management The consultant’s proposed work plan needs to include the number of meetings necessary for the Steering Committee to review draft technical reports, presentations, surveys or any other product as part of this process. Sufficient time should be allowed for the Steering Committee members to review and arrive at a decision. The Planning Services Department will be responsible for the overall project management, administration, and day to day operations. The project will be fully funded by the Bowmanville North (Soper Springs) Landowners Group Inc. 7.1 Steering Committee • The Steering Committee will be composed of: • The lead Consultant • Municipal Staff representing key departments (i.e. Planning and Engineering) • Staff of key commenting agencies such as the Region of Durham and CLOCA • The Landowner Group’s project manager – Weston Consulting • One land owner from the Landowners Group (not their representative) 7.2 Technical Advisory Committee(s) Technical Advisory Committee(s) will be established for various technical disciplines as needed. Examples of such disciplines are stormwater management, municipal servicing, transportation, urban design and planning. Meetings of the various Technical Advisory Committee(s) will be established to review and comment upon the findings of the technical reports in Phases 1, 2 and 3 as appropriate prior to their publication. These committee(s) will be composed of the lead consultant, Municipal and Regional Staff and a technical consulting advisor to the Bowmanville North (Soper Springs) Landowners Group as appointed by the Group. 96 12 Appendix A – General Study Terms of References 1. Subwatershed Study Integration Schedule The Subwatershed Study Integration Schedule will outline the relationship between the SSSP and the Soper Creek Main and East Branches Subwatershed Study. It will describe the critical junctures in each Study that cross-rely on the other study. Although each study is undertaken independently, they cannot be completed in isolation of one another. 2. Review of Existing Planning Documents and Studies A general review shall be undertaken of all relevant planning documents and studies which may relate to the study area, including any submissions from respective development interests. 3. Planning Background Report This Component shall include the following: • An inventory of existing and proposed land uses by area and type within and adjacent to the Study Area. • A review of property ownership within the Study Area. • Identify opportunities and constraints to the development of lands within the Study Area. • Identify any impact that development may have on existing uses within the Study Area. • Identify need and potential for commercial uses (neighbourhood, community or broader scale). • Incorporate the findings from the Subwatershed Study. 4. Landscape Analysis This Component shall include the following: • Describe and assess the existing context of the lands within the Study Area. • Identify the Study Area’s topography and grading; existing built form; and natural features. • Prepare a summary of the Study Area in terms of parcel, topography, and built environment as foundation for the Area’s development. 5. Functional Servicing Report Identify and assess the future availability of the provision of water and sanitary sewer services and constraints to the Study Area. This review shall include the identification of the geographic limits to servicing and the costs, staging and financing which will be required to facilitate urban development in this area. These matters shall be prepared in close consultation with the Municipality’s Engineering and Building Services Department and the 97 13 Region of Durham. Stormwater drainage and water quality matters will be addressed through the Subwatershed Study and incorporated into the development of options and selection of a preferred land use plan. Once the preferred land use plan is prepared, a general servicing base plan will be prepared based on the analysis, the Subwatershed Study and review of any requirements of the Municipality, the Region of Durham and Provincial Ministries and/or agencies. The servicing plan shall illustrate, among other matters, in graphic and textual form, the general provision of water services, sanitary sewer services and storm water drainage and associated facilities, if appropriate, for the Study Area. The servicing plan shall also include an appropriate phasing and costing schedule. 6. Transportation Needs Analysis This Component shall include the following: • A review of the existing and proposed transportation linkages to the Study Area. • A general review of the various transportation linkages to the Study Area from the existing and proposed transportation facilities. • An assessment of the Durham Region Transportation Master Plan and, in particular, the opportunities for transit and transit supporting development patterns, in relation to the Study Area. 7. Agricultural Impact Evaluation This Component shall include the following: • A review of agricultural land uses surrounding the Study Area, and applicable planning policies and regulations. • An assessment to determine the potential adverse physical and operational impacts of the proposed uses described in the SECSP on surrounding agricultural uses; and to address issues of concern in consultation with the Clarington Agricultural Advisory Committee (“CAAC”). 8. Sustainability Plan and Green Development Principles In conjunction with, and as part of, the findings of all other parts of the Secondary Plan study, the consultant shall identify and assess sustainable development principles and practices. This study shall utilize as a minimum the Priority Green Clarington Development Framework and Official Plan Policies. In addition, the consultant shall prepare a set of guiding principles and standards for sustainable development (including servicing, roads, parks, open space, residential, 98 14 commercial, institutional, land and buildings and development), which support, but are not limited to, the following: • An approach to development that incorporates/utilizes/respects the vital function of Green Infrastructure. • A development pattern that encourages and supports transit usage. • A development pattern that is adaptable over time for future generations and promotes redevelopment of land and repurposing of buildings. • A land use and development pattern which establishes good connectivity and mobility in the area for automobiles, cyclists and pedestrians and provides healthy lifestyle choices. • A mix of housing and other uses which help create a complete community and contribute to the health and vibrancy of the existing and future community. • Green development standards that include resilient infrastructure and reduced greenhouse gas emissions in support of the move towards a net zero community. A component of the Sustainability Plan and Green Development Principles will be a Neighbourhood Energy Plan which will include consideration of: • Energy use early in the land-use and infrastructure planning process and identify opportunities to integrate local energy solutions at the building or neighbourhood scale. It should identify development and infrastructure to Minimize the use of electricity, natural gas and gasoline consumption; • Address energy-efficient building orientation, design and construction; and • Identify opportunities and targets for on-site energy generation, district heating and renewable energy options including opportunities for changing stations. It is intended that sustainable development principles and practices outlined above shall be infused into every thematic area of the Secondary Plan, including the design of neighbourhoods and arrangement of land uses. The Sustainability Plan and Standards should include measurable targets to move towards a net zero community. 9. Commercial Analysis This Component shall include the following: • A review of commercial background information available from the Municipality and Region including the existing inventory of retail space. • An identification of the need for neighbourhood and/or community based commercial uses based on a residual demand basis. • An identification of the need for commercial uses to serve a broader 99 15 geographical area. • Identify need and potential for higher order uses (e.g., hotel, office, etc.) if appropriate. The Commercial Analysis shall include the appropriate technical planning and market study components to establish the current overall supply of floor space in the Bowmanville Urban Area and the justification for space needs in the Study Area. 10. Archaeological and Heritage Analyses This Component shall include the following: • Undertake an analysis of archaeological potential (Stage 1 Archaeological Assessments as per the Ministry of Tourism, Culture and Recreation). • Undertake an historical analysis of all existing structures within the Study Area, including review of the Municipality of Clarington’s Heritage Inventory, and establish the historical importance, if any, of the structures. • Identify those heritage features that warrant preservation. Prepare a strategy for the incorporation of heritage structures into the SSSP. In completion of this task, the consultant shall consult with Clarington Heritage Committee. 100 16 Appendix B – Priority Green Development Framework The Sustainability Plan and Green Development Standards will demonstration how, at a minimum, the criteria for Secondary Plans established in the Priority Green Clarington Development Framework and Implementation Plan are addressed, and how the Secondary Plan can support moving towards net zero communities that are resilient to the potential impacts of climate change. The four themes that represent the core elements of a sustainable community and are addressed by the Priority Green Clarington – Green Development Framework and Implementation Plan are: Built Environment The built environment is the constructed physical environment in which we live, work and play each day. It considers the design and layout of a neighbourhood, including land use mix and diversity, and the interaction of the buildings, road systems and other infrastructure that we encounter. Mobility Mobility is about reducing vehicle dependency and offering choices for residents to travel in to, out of and through neighbourhoods each day. It speaks to facilitating active transportation in order to reduce pressure on Clarington’s transportation network and reduce emissions from entering the environment, while contributing to human health and well-being. Natural Environment & Open Space This theme seeks to protect and enhance ecologically significant components of Clarington’s natural heritage system, to encourage design that works with natural conditions and gains benefit from the environmental, economic and social benefits of the natural landscape, and promotes linkages to a diverse range of open spaces, parks and recreation facilities. Infrastructure & Buildings Green neighbourhoods strive to use resources more efficiently, leading to potential cost savings. This theme identifies means to maximize energy and water conservation, minimize the consumption of resources, and contribute to climate change mitigation and adaptation. 101 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: April 23, 2018 Report Number: PSD-033-18 Resolution Number: File Number: ZBA 2015-0013 By-law Number: Report Subject: An application by 1029629 Ontario Inc. and Clearwater Structures Inc. to rezone the recently channelized Bennett Creek portion of the lands to Environmental Protection (EP), and to remove the Holding (H) Symbol from the balance of the lands on either side of Lake Road, west of South Service Road in Bowmanville. Recommendations: 1.That Report PSD-033-18 be received; 2.That provided there are no significant issues raised at the Public Meeting that the Zoning By-law Amendment application submitted by 1029629 Ontario Inc. and Clearwater Structures Inc. be approved as contained in Attachment 1 to Report PSD-033-18; 3.That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-033-18 and Council’s decision; and 4.That all interested parties listed in Report PSD-033-18 and any delegations be advised of Council’s decision. 102 Municipality of Clarington Report PSD-033 -18 Page 2 Report Overview 1029629 Ontario Inc. and Clearwater Structures Inc. have submitted an application to rezone the recently channelized Bennett Creek portion of their lands located on either side of Lake Road to Environmental Protection (EP), and remove the Holding (H) Symbol from the remaining General Industrial (M2) and Light Industrial (M1) lands. Provided that there are no substantive issues raised by residents at the public meeting, it is recommended that the application be approved. 1. Application Details 1.1. Owners/Applicants: 1029629 Ontario Inc. (parcel north of Lake Road) and Clearwater Structures Inc. (parcel south of Lake Road) 1.2. Agent: John Morrison (Royal LePage Commercial) 1.3. Proposal: A Zoning By-Law Amendment to rezone the recently channelized Bennett Creek portion of the lands to Environmental Protection (EP) as well as to remove the Holding (H) Symbol from the balance of the lands in Bowmanville 1.4. Area of Subject Lands: 17.14 hectares (42.35 acres) 1.5. Location: Two unaddressed parcels located on Lake Road, south of Highway 401, and immediately west of South Service Road in Bowmanville (Part Lot 7, Concession BF, former Township of Darlington) 1.5 Roll Number: 1-817-010-010-02000 and 1-817-010-010-02005 1.6. Within Built Boundary: Yes 103 Municipality of Clarington Report PSD-033-18 Page 3 2. Background 2.1. On June 16, 2015 John Morrison (Royal LePage Commercial) on behalf of 1029629 Ontario Inc. submitted an application for Removal of the Holding (H) Symbol from lands on the north east side of Lake Road immediately west of South Service Road in Bowmanville (approximately 13 acres). The Municipality of Clarington, through an agreement with 1029629 Ontario Inc. had recently completed the extension of Lake Road from its terminus at 405 Lake Road to South Service Road. The original intent of the application, at that time, was to remove the Holding (H) on the ‘developable’ portion of the parcel, located on the north and south side of Lake Road between Bennett Creek and South Service Road. Figure 1: Subject lands 104 Municipality of Clarington Report PSD-033-18 Page 4 2.2. The lands were subject of an application for a Plan of Subdivision submitted (18T-88055) in 1988 and Draft Approved in 1991. The owner had never pursued final approval of the Draft Approved Plan. A condition of approval was the channelization of Bennett Creek that traversed the property from Highway 401 to the hydro corridor near the west limits of the lands. 2.3. In order to improve transportation options in the Lake Road and Liberty Street area, the Municipality entered into an agreement to front-end the construction of the portion of the Lake Road that bisects the property. The Lake Road extension was constructed to South Service Road in 2014 providing a second access to Highway 401 from the area. 2.4. At the time of submitting the rezoning the applicant had been working with Clarington Board of Trade (CBOT) and the Municipality of Clarington to get the lands ‘certified’ through the “Investment Ready” program run by the Ministry of Economic Development, Employment and Infrastructure (MEDEI). The program issues a designation to industrial properties that successfully complete a set of requirements that demonstrate the property is primed for development and ready for investment. However, until the channelization of the portion of the Bennett Creek and elimination of the floodplain on the property the Holding (H) could not be removed. As a result the application could not proceed. 2.5. In 2016 an Environmental Assessment (EA) study was completed for the Bennett Creek channelization on the lands. In fall 2017 the applicant completed the work to reroute and channelize the creek, and bring the balance of the lands previously flood susceptible out of the floodplain. 2.6. With the channelization work completed, in February 2018 the application was revised to rezone the lands surrounding the recently channelized Bennett Creek to Environmental Protection (EP) from General Industrial (M2), with a Holding (H) symbol and Light Industrial (M1), with a Holding (H) symbol, as well as remove the Holding (H) symbol from the balance of the lands. 2.7 Late in 2017, 1029629 Ontario Inc. sold the south parcel to Clearwater Structures Inc. who propose to develop the parcel. In addition, after the channelization was complete a small triangular parcel was created in the northwest corner of the site. 1029629 Ontario Inc. has agreed to sell this parcel to the owner of 41 Butler Court, Phoenix AMD International Inc. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are relatively flat, with Bennett Creek located along the west limits (Figure 2 & 3). The lands are currently vacant, with no buildings present. 105 Municipality of Clarington Report PSD-033-18 Page 5 Figure 2: Looking south from Lake Road to Bennett Creek channelization works, Sept. 2017 Figure 3: Looking north from Lake Road to Bennett Creek Channelization works, Sept. 2017 3.2 The surrounding uses are as follows: North - Highway 401 and Clarington Technology Business Park South - Hydro corridor and Canadian National Railway corridor East - Vacant industrial lands and existing industrial uses West - Existing industrial uses on Lake Road 106 Municipality of Clarington Report PSD-033-18 Page 6 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement identifies Natural Heritage Systems as natural features and areas that shall be protected for the long-term. Natural Heritage Systems should be maintained, restored and improved if possible. Development and site alteration shall not be permitted in significant valleylands, unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Similarly, development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 4.2 The Provincial Policy Statement identifies Employment Areas as lands that shall be protected and preserved for current and future uses. Employment Areas in proximity to a primary transportation corridor, such as Highway 401, shall be protected for employment uses that require those locations. Infrastructure that is needed to support the current and projected needs of Employment Areas shall be provided. Provincial Growth Plan 4.3 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. Existing Employment Areas, including vacant and underutilized employment lands, shall be used more efficiently in order to increase employment densities to accommodate forecasted employment growth. 5. Official Plans Durham Regional Official Plan 5.1 The subject lands are within an Employment Area. Employment Areas function to maximize the employment potential of land in order to accommodate 50% of the employment growth forecast. Employment Areas are set aside for uses that require access to transportation networks, separation from sensitive uses, or benefit from locating close to similar uses. Additionally, sites that have a high degree of exposure and good access shall be reserved for employment-intensive uses. The Bennett Creek is not recognized as a key natural heritage feature in the Regional Open Space System. Clarington Official Plan 5.2 The Clarington Official Plan identifies Bennett Creek, from Highway 401 to the CN Railway corridor, as a Natural Heritage feature within the Open Space System, designated as an Environmental Protection Area. Open Space Systems protect, manage and enhance natural heritage features in order to provide long term and sustainable 107 Municipality of Clarington Report PSD-033-18 Page 7 environmental, economic and social benefits. Environmental Protection Areas are recognized as the most significant components of the Municipality’s natural environment. Development within Environmental Protection Areas is generally not permitted. 5.3 The Clarington Official Plan designates the lands as an Employment Area, specifically Prestige Employment and Light Industrial. Employment Areas promote high quality urban design, and larger-sized buildings with no outdoor storage along Highway 401. Development within an Employment Area is intended for employment uses showing the highest standard of design and landscaping in order to provide an attractive appearance that takes advantage of such high visibility. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands Holding - General Industrial ((H)M2), and Holding - Light Industrial ((H)M1), as outlined. The General Industrial (M2) Zone require that lot frontages are a minimum of 30 metres. Additionally, the General Industrial (M2) Zone requires lot areas are a minimum of 3000 square metres. The Light Industrial (M1) Zone requires lot areas are a minimum of 2000 square metres. 6.2 The zoning of the property predates the Clarington Official Plan and the zones do not implement the designations and policies of the Plan. 7. Public Notice and Submissions 7.1 Public notice was mailed to each landowner within 120 metres of the subject property and a public meeting sign was installed on the frontages of Lake Road and South Service Road. 7.2 As of the writing of this report there has been one general inquiry, confirming the nature of the application. 8. Agency and Departmental Comments 8.1 Given the nature of the rezoning, a limited circulation of the application was provided to notify the Region of Durham Planning and Economic Development Department and the Central Lake Ontario Conservation Authority of the application. 9. Discussion 9.1 As a condition of Draft Approval, the subject lands required Bennett Creek to be rerouted and channelized. This work has since been completed by the applicant, reducing the floodplain of the creek. The floodplain of Bennett Creek had previously covered two-thirds of the subject lands (the outer limits identified in red in Figure 3). After channelization work (Figure 4) the floodplain has now been reduced to approximately 60 metres in width. 108 Municipality of Clarington Report PSD-033-18 Page 8 Figure 4: Floodlines of pre-channelized Bennett Creek on subject lands Figure 5: Completed Channelization south of Lake Road, November 2017 9.2 The application is consistent with the draft approved Plan of Subdivision from 1991, which required channelization of the Bennett Creek to reduce the floodplain as a condition of final approval. 109 Municipality of Clarington Report PSD-033-18 Page 9 9.3 The subject lands are now located outside of the Bennett Creek floodplain and fully serviced by municipal services. Rezoning the lands to recognize the recently channelized Bennett Creek is consistent with provincial policies, the policies of the Clarington’s Official Plan and the Region of Durham Official Plan. 9.4 Development of the balance of the lands zoned General Industrial (M2) and Light Industrial (M1) is subject to removal of Holding (H) Symbol. The request to remove the Holding (H) from the subject lands is consistent with the requirements set out in Clarington’s Official Plan and Zoning By-law. 10. Concurrence Not Applicable. 11. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the applications to amend the Zoning By-law to rezone the portion of the Bennett Creek lands that were recently channelized to Environmental Protection (EP), as well as to remove the Holding (H) Symbol from the balance of the lands be approved. 12. Strategic Plan Application Not Applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B. Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Carlo Pellarin, Manager Development Review, 905-623-3379 ext. 2408 or cpellarin@clarington.net Attachments: Attachment 1 – Zoning By-law Amendment The following is a list of the interested parties to be notified of Council’s decision: John Morrison, Royal LePage Commercial E. Drew Dowling, Walker Head Lawyers Yavuz Yildirim, Pamdi Holdings Inc. Michael Ciceri, Clearwater Structures ES/CP/aw I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2015\ZBA2015-0013 1029629 Ontario Inc. (Lake Rd)\Staff Report\PSD-033-18.docx 110 Attachment 1 Municipality of Clarington Report PSD-033-18 The Corporation of the Municipality of Clarington By-law 2018-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2015-0013; Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule “3” to By-law 84-63, as amended, is hereby further amended by changing the zone designation from “Holding- Light Industrial ((H) M1) Zone” to “Environmental Protection (EP) Zone”; “Holding- Light Industrial ((H) M1) Zone” to “Light Industrial (M1) Zone”; “Holding- General Industrial ((H) M2) Zone” to “Environmental Protection (EP) Zone”; and “Holding- General Industrial ((H) M2) Zone” to “General Industrial (M2) 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 the 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 111 112 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: April 23, 2018 Report Number: PSD-034-18 Resolution: File Number: ZBA 2018-0004 By-law Number: Report Subject: An Application by Bowmanville Lakebreeze West Village Ltd. for the removal the “(H) Holding” symbol to permit a total of 115 residential units in Port Darlington, Bowmanville Recommendations: 1.That Report PSD-034-18 be received; 2.That the application submitted by Bowmanville Lakebreeze West Village Ltd. to remove the “(H) Holding” symbol be approved for Lots 1 to 17, and 63 to 139 in 40M-2615 (Lakebreeze West) and that the attached By-law be passed; 3.That once all the conditions contained in the Official Plan with respect to the removal of (H) Holding are satisfied, the By-law authorizing the removal of the “(H) Holding” symbol on the balance of the lands in 40M-2615, (Lakebreeze West), be forwarded to Council for approval; 4.That once all the conditions contained in the Official Plan with respect to the removal of (H) Holding are satisfied, including Site Plan Approval for various blocks within 40M- 2614 (Lakebreeze East), the By-law authorizing the removal of the “(H) Holding” symbol for said lands be forwarded to Council for approval; 5.That Council’s decision and a copy of Report PSD-034-18 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and 6.That all interested parties listed in Report PSD-034-18 and any delegations be advised of Council's decision. 113 Municipality of Clarington Report PSD-034-18 Page 2 Report Overview This report is recommending approval of an application by Bowmanville Lakebreeze West Village Ltd. to remove the “(H) Holding” symbol affecting various lots in 40M-2615 (Lakebreeze West) to permit the development of 115 residential units. The report is also recommending that a By-law to remove the “(H) Holding” be forwarded to Council for approval at a future date once certain obligations have been met. In addition, the report is recommending that the “(H) Holding” symbol for 40M-2614 (Lakebreeze East), be forwarded to Council at such time as Site Plan Approval for each block has been is issued and the necessary conditions of fulfilled. 1. Application Details 1.1 Owner: Bowmanville Lakebreeze West Village Ltd. Bowmanville Lakebreeze East Bowmanville Lakebreeze Towns 1.2 Agent Enzo Bertucci, Kaitlin Corporation 1.3 Proposal: Removal of “(H) Holding symbol from: “Holding-Urban Residential Exception ((H) R1-92) Zone”; “Holding-Urban Residential Exception ((H) R2-54) Zone”; “Holding-Urban Residential Exception ((H) R2-55) Zone”; and “Holding-Urban Residential Exception ((H) R2-82) Zone”. 1.4 Area: 18.49 hectares Lakebreeze West 13.71 hectares Lakebreeze East 1.5 Location: Part Lots 5, 6, 7 & 8, Concession Broken Front, former Township of Darlington 1.6 Roll Number: 18-17-010-010-02300, 18-17- 010- 010 01600 and 18-17- 010- 010- 01400 1.7 Within Build Boundary: Yes 114 Municipality of Clarington Report PSD-034-18 Page 3 Figure 1: Subject lands 2. Background 2.1 Two plans of subdivision comprise the subject lands: Lakebreeze East (S-C-2002-002) which was draft approved in 2012 and registered as 40M-2614 on February 27, 2018; and Lakebreeze West (S-C-2013-002) which was draft approved in 2014 and registered at 40M-2615 on February 27, 2018 (See Figure 1). Both these subdivision applications and associated rezoning applications were approved by the Ontario Municipal Board. 2.2 On February 1, 2018 an application was submitted requesting the removal of the “(H) Holding” for both Lakebreeze West and East. At this time, the developer is seeking the removal of the “(H) Holding” symbol for only Lakebreeze West which will facilitate the development of 234 single and semi-detached dwellings. The application was required because the rezonings were approved by the Ontario Municipal Board through a settlement hearing. As such the typical recommendation dealing with the removal of the 115 Municipality of Clarington Report PSD-034-18 Page 4 “(H) Holding” was not part of the OMB decision. The parkland, open space and environmental protection lands, and the stormwater management facility were transferred into municipal ownership with the registration of both subdivisions. 3. Discussion Official Plan Policies 3.1 The “(H) Holding” is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to 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 as may be deemed necessary by Council including the implementation of the policies of this plan. The applicant has entered into a subdivision agreement with the municipality, submitted the necessary studies to support the development and posted the necessary financial securities. Obligations under the Subdivision Agreement 3.2 The standard subdivision agreement contains clauses which set out what is required prior to the issuance of the first building permit. In this instance, the developer is also required complete substantial infrastructure improvements, these include: • The construction of Port Darlington Road form Bennett Road to East Beach Road to an urban standard, including full municipal services, sidewalks, illumination and associated landscaping; • The completion of improvements to Bennett Road from the 401 to Port Darlington Road including necessary improvements to the at-grade Canadian National Railway level crossing; and • The completion of improvements to South Service Road/Lambs Road and the subway approaches from the limit of 40M-2614 to Lake Road. See Figure 1. 3.3 As a condition of Draft Approval, these works were required to be completed prior the issuance of the first building permit to mainly ensure access to/from the site in an emergency situation. It is also eliminates the ability for construction traffic to use established routes within the Port Darlington community. 3.4 At this point, only a portion of Port Darlington Road has been complete from East Beach Road to half way to Lambs Road. The installation of the watermain on Lambs Road is near completion and the improvements to the subway on Lambs will be complete within approximately 4 weeks. The improvements to Bennett Road rail crossing have not commenced as yet. Services have been installed in two internal roads in Lakebreeze West and have been paved. 3.5 The developer is requesting the removal of “(H) Holding” symbol so that building permits can be issued, so that they can meet their obligations with purchasers. 116 Municipality of Clarington Report PSD-034-18 Page 5 3.6 The Ontario Building Code allows the Chief Building Official to issue conditional building permits, subject to entering into an agreement, which will not permit occupancy until various works are completed. Failure to meet the obligations can result in charges under the Building Code Act. 3.7 Construction progress is being monitored daily by staff from Engineering Services. The Director of Emergency and Fire Services is satisfied that the temporary construction roads are sufficient for access in the case of an emergency. 3.8 Staff is further satisfied that appropriate level of progress has been achieved and do not object to the removal for the “(H)” to permit the issuance of the building permits for 73 single detached units and 42 semi-detached units. Subsequent by-laws to remove the (H) will be forwarded once substantial progress has been made and in consultation with the Director of Engineering Services and Director of Emergency and Fire Services. Lakebreeze East 3.9 There are several medium blocks and a high density block within Lakebreeze East. The applicant has applied for Site Plan Approval for the medium density blocks and the application is currently under review by staff. The zoning by-law to remove the “(H)” will be forwarded to Council once all the necessary requirements of the Official Plan have been fulfilled including a Site Plan Agreement with the Municipality of Clarington. 3.10 A Zoning By-law Amendment to remove the “(H)” symbol cannot be appealed and shall be deemed final and binding upon Council’s approval. 3.11 All property taxes have been paid in full. 4. Concurrence The Director of Engineering Services and the Director of Emergency and Fire Services concur with the recommendations of the report. 5. Conclusion In consideration of the comments noted above, Staff are recommending that approval to remove all “(H)” Holding Symbol affecting Lakebreeze West (40M-2615) to permit 115 residential units, as shown on the attached By-law and schedule (Attachment 1) is recommended. 6. Strategic Plan Application Not applicable. 117 Municipality of Clarington Report PSD-034-18 Page 6 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410 or cstrike@clarington.net Attachments: Attachment 1 - Zoning By-law Amendment to Remove ‘H’ Symbol The following is a list of the interested parties to be notified of Council’s decision: The Kaitlin Corporation c/o Enzo Bertucci CS/CP/tg/nl 118 Attachment 1 to Report PSD-034-18 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 two medium density buildings each containing 234 residential units on the subject lands (ZBA 2018-0004); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule “3” (Bowmanville) to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Holding-Urban Residential Exception ((H) R1-92) Zone” to “Urban Residential Exception (R1-92) Zone”; “Holding-Urban Residential Exception ((H) R2-54) Zone” to “Urban Residential Exception (R2-54) Zone”; “Holding-Urban Residential Exception ((H) R2-55) Zone” to “Urban Residential Exception (R2-55) Zone”; and “Holding –Urban Residential Exception ((H R2-82) Zone” to ‘Urban Residential Exception (R2-82) 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 119 120 Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: April 23, 2018 Report Number: PSD-035-18 Resolution Number: File Number: ZBA2017-0003 By-law Number: Report Subject: Application by Fifty Five Clarington Ltd. & MODO Bowmanville Towns Ltd. (Kaitlin) to rezone lands to permit two 12-storey apartment buildings containing 434 dwelling units at 51 & 55 Clarington Boulevard, Bowmanville Recommendations: 1.That Report PSD-035 -18 be received; 2.That the Zoning By-law Amendment application (ZBA 2017-0003) submitted by Fifty Five Clarington Ltd. and MODO Bowmanville Towns Ltd. (Kaitlin) be approved as contained in Attachment 1 to Report PSD-035-18; 3.That once all conditions contained in the Official Plan and the 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; 4.That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-035-18 and Council’s decision; and 5.That all interested parties listed in Report PSD-035-18 and any delegations be advised of Council’s decision. 121 Municipality of Clarington Report PSD-035-18 Page 2 Report Overview This is a recommendation report for approval of the application by Fifty Five Clarington Ltd. and MODO Bowmanville Towns Ltd. (Kaitlin Corporation) for lands located at 51 and 55 Clarington Boulevard in Bowmanville West Urban Centre. The recommended Zoning By-law Amendment for this property, in conformity with the Official Plan and Bowmanville West Town Centre Secondary Plan, permits the current development plan for 12 storey apartment buildings, containing a total of 434 dwelling units. 1. Application Details 1.1 Owner/Applicant: Fifty Five Clarington Ltd. and MODO Bowmanville Towns Ltd. (Kaitlin Corporation) 1.2 Proposal: Rezoning To rezone the lands to permit two 12 storey apartment buildings, both with underground parking, as follows: • 302 units at 51 Clarington Boulevard; and • 132 units at 55 Clarington Boulevard. 1.3 Area of Subject Lands: 1.82 hectares 1.4 Location: 51 and 55 Clarington Boulevard (Part of Lot 16, Concession 1, former Township of Darlington) 1.5 Roll Number: 1817 010 020 17280 and Part of 1817 010 020 16800 1.6 Within Built Boundary: Yes 2. Background 2.1 The original application was deemed complete on March 14, 2017 and circulated to staff and agencies for comments. The original proposal was to rezone the lands to permit two 6 storey apartment buildings containing a total of 201 dwelling units in two 6 storey buildings as follows: • Building at 51 Clarington Boulevard: 136 units with surface parking; • Building at 55 Clarington Boulevard: 65 units with underground parking; 2.2 The Public Information Centre and Public Meeting to consider the original proposal were held on May 4, 2017 and May 15, 2017, respectively. 122 Municipality of Clarington Report PSD-035-18 Page 3 2.3 A revised application for 434 units came forward following discussions assessing opportunities for higher densities for the Bowmanville West Urban Centre and Transportation Hubs, given the site’s close proximity to the future GO Train Station in Bowmanville as shown on Figure 1. Figure 1: Key Map 2.4 The following studies were submitted in support of the application, and updated accordingly to reflect the revised submission. These studies are summarized in Section 7 of this report: • Archaeological Assessment • Phase 1 Environmental Site Assessment • Urban Design Justification Report (including Sustainablity Measures) • Functional Servicing and Storm Drainage Report • Traffic Study • Shadow Study • Noise and Vibration Feasibility Study 123 Municipality of Clarington Report PSD-035-18 Page 4 2.5 The applicant hosted a second Public Information Centre on February 15, 2018, and the statutory Public Meeting was held on March 12, 2018. All public comments and submissions are summarized in Section 8 of this report: 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are currently vacant (Figure 2). Construction crews are onsite extending Clarington Boulevard and completing preliminary servicing and grading work related to the subdivision. (Figure 3). No significant vegetation is present on the site. An informal pedestrian connection crosses the site and provides a connection south of the railway. 3.2 The surrounding uses are as follows: North - Municipal parkette block and existing commercial development. South - CP Railway; existing low-rise apartment buildings along Aspen Spring Drive. East - Existing retirement home and apartment building. West - Proposed medium density townhouse development. Figure 2: South View of Subject Lands 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. 4.2 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. 124 Municipality of Clarington Report PSD-035-18 Page 5 4.3 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. 4.4 The applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.5 The subject lands are located within the defined Built Boundary of Bowmanville. 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. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built up area. 4.6 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. 4.7 The Growth Plan provides for higher density targets along transit corridors and around transit stations, including the subway network, light rail lines, bus rapid transit routes and the GO Transit network. 4.8. Major transit station areas on priority transit corridors, will be planned in a transit- supportive manner that maximizes the size of the area and the number of potential transit users that are within walking distance of the station. A major transit station area is generally defined as the area within approximately 500 metre radius of a transit station, representing about a 10 minute walk. 4.9 Major transit station areas will be planned for a minimum density target of 150 residents and jobs combined per hectare for those that are served by the GO Transit rail network. 4.10 Within major transit station areas on priority transit corridors, land uses and built form that would adversely affect the achievement of the minimum density targets in the Growth Plan will be prohibited. 4.11 Public transit will be the first priority for transportation infrastructure planning and investments. Decisions on transit planning and investment will be made based on many factors including the following: • Supporting the transit priorities identified in the Plan, including the GO Rail extension to Bowmanville; • Prioritizing areas with existing or planned higher residential or employment densities to optimize return on investment and the efficiency and viability of existing and planned transit service levels; 125 Municipality of Clarington Report PSD-035-18 Page 6 • Increasing the capacity of existing transit systems to support strategic growth areas; and • Expanding transit service to areas that have achieved, or will be planned to achieve, transit-supportive densities and provide a mix of residential, office, institutional and commercial development. 4.12 The application conforms to the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The subject lands are within a Regional Centre. Regional Centres provide a full array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office uses. Regional Centres function as places of symbolic and physical interest for the residents, and shall provide identity to the area municipalities within which they are located. 5.2 Regional Centres shall support an overall, long-term density target of at least 75 residential units per gross hectare and a floor space index of 2.5. Gross densities are measured over the entire Secondary Plan area, including roads, parks and other infrastructure. 5.3 Development in Regional Centres shall be based on the following principles: • Compact urban form which is transit-supportive; • Provides a mix of uses and opportunities for intensification; • Follows good urban design principles with focus on public spaces and pedestrian connections, with parking sited to the rear or within buildings; and • Enhances grid connections for pedestrians and cyclists. 5.4 The Bowmanville Regional Centre is designated as a Transportation Hub. A Transportation Hub is a major destination and facilitates transfers between different modes of transit service. Development within approximately 500 metre radius or 10 minute walk should be mixed use or at higher density to support future transit services. 5.5 The lands are within the Built Boundary. On an annual basis, a minimum of 40 percent of all residential development is to occur through intensification inside the Built Boundary. The Clarington urban areas shall be planned to accommodate a minimum 32 percent of all residential development occurring annually through intensification within the built-up area. Regional Centres and Transportation Hubs to be a key focus of intensification. 5.6 The application conforms to the Regional Official Plan. 126 Municipality of Clarington Report PSD-035-18 Page 7 Clarington Official Plan 5.7 The Clarington Official Plan designates the subject lands Urban Centre. Urban Centres shall be comprehensively developed to provide residential and/or mixed use developments in order to achieve higher densities, transit oriented development and reinforce the objective of having a diverse mix of land uses. Urban Centres will be planned and developed as a centre providing the highest level of retail and service uses and are the primary focal point of cultural, community, recreational and institutional uses in Clarington. Bowmanville is the predominant Urban Centre in Clarington. 5.8 The Bowmanville GO Rail Station is identified as a Transportation Hub. The lands around it are to develop as a mixed use, higher density place. The Clarington Official Plan requires Transportation Hub areas to be developed at a net density of 200 units per hectare. The Official Plan states that the Municipality will work in partnership with the Province and the Region to provide a transit-supportive environment including directing density to Transportation Hubs, the Regional Transit Spine and Regional and Local Corridors. 5.9 Core objectives of the Official Plan are to encourage transit-supportive, mixed use and compact urban form in Priority Intensification Areas, which the subject lands are a part of. Available and planned public infrastructure should be used efficiently. Lands within the broader Urban Centre are to develop to a minimum net density of 120 units per hectare. Mixed-use and apartment buildings are to be the predominant form, ranging in height from 4 to 12 storeys. 5.10 The lands are located within the Built Boundary. The Municipality has an intensification target of at least 32% of all new residential units within the Built-up Area up to the year 2021, increasing to 40% thereafter to the year 2031. For Bowmanville, this means 4,150 new intensification units by the year 2031. The Bowmanville Urban Centres are identified as Priority Intensification Areas. 5.11 The Bowmanville West Urban Centre has a housing target by 2031 of approximately 3,000 units, including approximately 2,557 high density and 484 medium density units. 5.12 The development must satisfy the Official Plan’s comprehensive Urban Design policies that encourage a high quality public realm, and give priority to sustainable design, including environment-first principles, walkability, land efficiency, compact and connected communities and resource and energy efficiency. Attractive and safe communities are encouraged to create a sense of place and a diversity of built form. The built form should facilitate active transportation and public transit. 5.13 The Municipality is in the process of updating the Secondary Plans to bring them into conformity with this Plan. Where there is a conflict or inconsistency with the parent Plan, the Secondary Plan will prevail, unless the conflict is associated with the density and intensification policies of the parent Plan, in which case the parent Plan shall prevail. 5.14 The application conforms to the Clarington Official Plan. 127 Municipality of Clarington Report PSD-035-18 Page 8 Bowmanville West Town Centre Secondary Plan 5.15 The subject lands are designated as Midrise High Density Residential and Medium Density Residential in the Bowmanville West Town Centre Secondary Plan. The Midrise High Density designation allows for residential development having a net density between 50 and 300 units per hectare. Permitted dwelling types include apartment buildings up to 12 storeys in height. The westerly portion of the site, owned by MODO Bowmanville Towns Limited, is designated Medium Density Residential for development between 31 and 60 residential units per net hectare. 5.16 The Bowmanville West Town Centre Secondary Plan contains detailed Urban Design policies, including an Urban Design Guidelines and policies specific to residential buildings and site layout. 5.17 The Secondary Plan is currently in the process of being updated in 2018 to conform to the new Clarington Official Plan, as amended by OPA 107. 5.18 The application conforms to the Bowmanville West Town Centre Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. A rezoning is required to permit the proposed apartment buildings. 7. Summary of Background Studies Urban Design Justification Report 7.1 The Urban Design Report was updated to reflect the 12 storey proposal. The site design meets design guidelines of the existing Bowmanville West Town Centre Secondary Plan. The buildings contribute to a compact urban and pedestrian oriented built form, provide access to transit, integrate pedestrian and vehicular access with the adjacent community and contribute to the continuity of the building façade along the street. Parking is predominantly located to the rear and in an underground parking garage. 7.2 Building orientation design, entrances, private and common amenity space, parking areas and landscaping, services and utilities have been planned and designed to meet the specific site and building design policies for residential projects in the West Town Centre. 7.3 Energy conservation and sustainable development techniques such as planning for electric vehicle charging stations, water efficient plumbing, recommended building materials and glazing requirements have been provided and would be further implemented at the site plan stage. 128 Municipality of Clarington Report PSD-035-18 Page 9 Functional Servicing and Storm Drainage Report 7.4 The report identifies that the site can be serviced by the extension of sanitary and water services that will be constructed within Clarington Boulevard. A trunk sanitary and storm sewer is proposed to be extended beneath the railway and cross the site in a municipal easement. 7.5 Stormwater will be conveyed via the existing storm sewer. Quality and quantity controls are provided for in the Aspen Springs Stormwater Management Facility. Traffic Study 7.6 Studies from 2016 and 2017 submitted with subdivision application S-C-2016-0001 assessed the new Kaitlin developments referred to as MODO North and MODO South, and the original 6 storey concept for the subject lands. 7.7 The study was revised to consider the 12 storey development containing 434 units. The reports find that intersection capacity and peak volumes will have an acceptable level of impact on road network. No mitigation measures are recommended to support the proposed Kaitlin projects, including the 12 storey apartment development. Noise and Vibration Feasibility Study 7.8 The report assessed impact from noise and vibration generated by the railway. 7.9 Since the railway is on top of a berm in this area, further discussion will be required during the site plan and building design stage to ensure the at-grade outdoor amenity areas can be protected from noise in accordance with Ministry of Environment and Climate Change regulations. All residential units will require air conditioning units to ensure windows can remain closed during summer months. 7.10 The study acknowledges that building construction materials and glazing must be built to a standard that mitigates noise within the building. This will be further refined during the site plan approval and detailed design stage of the building. 7.11 Warning clauses will be required in agreements of purchase and sale to advise future residents of noise generated by the railway and of noise attenuation measures that are in place. 7.12 The study does not identify any impacts from vibration, therefore mitigation is not required. 129 Municipality of Clarington Report PSD-035-18 Page 10 Shadow Study 7.13 An updated shadow study identifies that early morning shadows will extend north of Clarington Boulevard during the spring, fall and winter months. This will impact the front yards of units along Clarington Boulevard for some of the MODO North units. The front yards on the MODO North units are not considered to be usable amenity space. Rear yard decks (on the north side of the townhouse units) will experience shadowing from the top floor of the townhouse unit itself, not the proposed apartment building. Shadows diminish by midday in all instances. 7.14 Shadows to the east toward Seasons Retirement Home will be cast mid to late afternoon during the spring, fall and winter months. 7.15 There will be no shadow impacts to the south and very minimal impacts to the west toward the MODO South lands. Archaeological Assessment 7.16 Based on preliminary screening of the site, a Stage 2 Archaeological Assessment is required to determine potential archaeological resources. Environmental Site Assessment 7.17 The report finds that the site does not exhibit any areas of concern from an environmental perspective. 8. Public Notice and Submissions 8.1 Notice of both Public Information Centres and both Public Meetings were mailed via Canada Post. Details of the application were also included on the municipal website and in the Planning Services Department E-update. 8.2 The second Public Information Centre relating to the revised proposal was held February 15, 2018 at the Church of Jesus Christ of Latter Day Saints on Highway 2 in Bowmanville. Seven area residents attend the Public Information Centre. Three residents spoke at the Public Meeting held on March 12, 2018. 8.3 Generally comments of concern were received regarding height and density and the ability for the area to accommodate growth. Other comments received relate to traffic, parking, and noise impacts from additional development, negative impact to property values and ensuring the provision of open space for children to play. 8.4 Comments were received in support of more rental and more affordable housing, and in support of the development being completed sooner than the anticipated timeframe for completion (approximately four years). 130 Municipality of Clarington Report PSD-035-18 Page 11 8.5 The neighbouring owner of the commercial plaza requests acknowledgement that the subject lands are adjacent to a commercial site with commercial access and traffic, including future redevelopment opportunities at the former Target Store. A standard condition of approval will be included in site plan conditions to address this concern. 8.6 Of the 300 households and businesses contacted, only three residents appeared to express concerns at the public meeting. 9. Agency Comments Regional Planning 9.1 Regional Planning has no objections to the application or the proposed density, however the Region encourages mixed used buildings with office and retail uses, in addition to purpose-built rental buildings and affordable housing. 9.2 Regional Works has not identified any significant limitations to servicing for this project. The Region acknowledges that further assessment of sanitary sewer and water services and capacities will take place during the update to the Bowmanville West Urban Centre Secondary Plan. 9.3 Municipal waste pickup requires the site plan to meet Regional Guidelines, including minimum drive aisle widths of 6.5 metres and turning radii of 12 metres. Central Lake Ontario Conservation Authority 9.4 CLOCA has no objection to the rezoning. Technical stormwater management comments were provided to the applicant. CLOCA will continue to be part of the site plan review process. Canadian Pacific Railway 9.5 CP Railway commented on the original proposal and has no objections to the application provided CP principal main line requirements are satisfied and implemented through the site plan. CP supports the implementation of the recommendations of the noise impact study. Metrolinx 9.6 Metrolinx noted CP Railway is the primary commenting agency and provided recommended warning clauses to be included in future development agreements and purchase and sale agreements regarding the future location of GO Transit facilities in the railway corridor. Other Agencies 9.7 Durham Regional Transit, Canada Post, Rogers, and Enbridge have no objections to the development. Staff forwarded technical comments to the applicant. 131 Municipality of Clarington Report PSD-035-18 Page 12 10. Departmental Comments Engineering Services 10.1 Engineering Staff concur with the findings of the Traffic Impact Study however through the site plan approval process, staff will be further involved in on-site driveway design and configuration of the westerly access which is a shared access with the MODO Sough lands. 10.2 The Functional Servicing Report is satisfactory. Financial contribution for post development cleaning of the stormwater management pond may be necessary. 10.3 General comments relating to site alteration, entrance works, revisions to the grading plan, road occupancy and excavation, securities and deposits will be forwarded to the applicant and implemented through the site plan process. Building Division 10.4 The Building Division has no objections to the rezoning and has provided detailed building code related comments for consideration as part of the site plan review. Fire and Emergency Services 10.5 Fire and Emergency Services has no objections to the rezoning and has provided detailed requirements for hydrants and fire routes to be finalized at the site plan stage. Operations Department 10.6 The Operations Department has no objection to the proposed rezoning and site plan. Accessibility Committee 10.7 Planning Staff met with the Accessibility Committee to review the application. The Committee provided comments on the development to Planning Staff and these will be forwarded to the applicant for their consideration and action as part of the site plan review process. 11. Discussion Implementing the Bowmanville West Urban Centre Vision 11.1 This site is located within the Bowmanville West Urban Centre. In the existing Secondary Plan, the majority of the site has been designated for high density development, permitting up to 12 storeys and 300 units per hectare. 11.2 The revised development would generate a density of 238 units per net hectare, versus the original proposal that had a density of approximately 110 units per hectare. A perspective drawing of the proposal is included as Figure 4, below. 132 Municipality of Clarington Report PSD-035-18 Page 13 Figure 4: Perspective Image of Proposed 12 Storey Buildings 11.3 The revised density and height is consistent with the policy direction of the Provincial Growth Plan, the Regional Official Plan and new Clarington Official Plan that requires 200 units per net hectare around GO Station areas. This projects makes a significant contribution to integrate land use and transit infrastructure planning. Implementing Urban Design Objectives 11.4 The proposal meets key urban design criteria for Regional Centres and Priority Intensification Areas including: • building sited to create a strong street edge; • entrances are clearly visible and directly accessible to the municipal sidewalk; • buildings would enhance the built environment with attention to massing, building articulation and building materials; and • adequate light and privacy for building occupants and adjacent properties. Urban design issues will be further reviewed at the site plan stage. Secondary Plan Update 11.5 Although the Secondary Plan update for the Bowmanville West Urban Centre has only recently commenced, this project implements the scale of development appropriate for the predominant Urban Centre, increases the diversity of housing types and generally meets the urban design goals of the Official Plan. Approval of the proposal at this time is not considered to jeopardize the update to the Bowmanville West Urban Centre Secondary Plan. 133 Municipality of Clarington Report PSD-035-18 Page 14 Traffic and Parking 11.6 Several residents raised general concerns regarding growth and traffic in the area. Traffic will be at higher levels since this area is planned as the focal point of growth in the community. Over time, roads and intersections have been and will continue to be built and improved to provide for a grid system to disperse traffic easier. One resident, who was not concerned by the density, suggested a roundabout to improve the flow of traffic. A roundabout will be constructed this year at Green Road as it intersects with Clarington Boulevard and Boswell Avenue. In the future traffic lights will be installed at Green Road and Prince William Boulevard intersection. 11.7 Transit and active transportation will also be improved. The active transportation network is one focus of the Secondary Plan study which is getting underway. 11.8 The commercial and institutional uses are also key traffic generators. With residents in close proximity to these services and facilities, walking and other active transportation become much more feasible. 11.9 One resident expressed concerns that there wouldn’t be sufficient parking. Apartment buildings do not have the parking issues that some townhouse projects have had. Sufficient on-site parking will be provided in accordance with the Municipality’s Zoning By-law. Given the location within the urban centre with access to nearby amenities, car ownership may even be less than provided for. Increasing Housing Diversity 11.10 Clarington has been a community where new development has largely comprised of ground related housing, predominantly single detached dwellings. Few apartments have been constructed in the last 25 years. Several residents have expressed a desire for these units to be built as soon as possible. There is very limited opportunity for apartment units in such close proximity to so many services and facilities. Apartment units provide for housing for persons with mobility challenges with a range of incomes and suitable cross many stages of life. Recommended Zoning By-law Amendment 11.11 A site specific Urban Residential Type Four (R4) Zone is recommended. The R4-44 Zone would permit a minimum net density of 200 units per hectare and a minimum height of 12 storeys which will conform to both the Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan. 11.12 A site specific modification to front yard setback from 7.5 metres to 6 metres is provided, and the buildings will have a minimum side yard setback of 9 metres. Special provisions relating to indoor and outdoor amenity space and drive aisle width to accommodate municipal waste pickup are also provided. 11.13 The current site plan shows that the current Zoning By-law requirements for resident and visitor parking can be satisfied therefore no site specific parking regulations are required. 134 Municipality of Clarington Report PSD-035-18 Page 15 11.14 The development proposal can satisfy the standard R4 regulations in all other respects, including lot coverage, setback from the railway and landscape open space, Special Conditions for Removal of the Holding Symbol 11.15 Special terms and conditions are to be implemented through the approved site plan drawings and the site plan agreement. The following must be addressed prior to Removing the Holding Symbol: • Archaeological clearance to satisfaction of the Ministry of Tourism Culture and Sport. • An updated Noise and Vibration Impact Study prepared to the satisfaction of CP Railway and Metrolinx and inclusion of any recommendations and mitigation techniques in the site plan design and development agreement to the satisfaction of the Region of Durham. • Updated Phase 1 Environmental Site Assessment and sign off from Qualified Professional for Environmental Site Assessment to the satisfaction of the Region of Durham. 11.16 Taxes owing to the Municipality of Clarington have been paid in full. 12. Concurrence Not Applicable. 13. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the rezoning application to permit a multi-unit residential development in the Bowmanville West Urban Centre by Fifty Five Clarington Ltd. And MODO Bowmanville Towns Ltd. (Kaitlin) be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 135 Municipality of Clarington Report PSD-035-18 Page 16 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott@clarington.net ATS/CP/DJC/nl Attachments: Attachment 1 – Proposed Zoning By-law Amendment The following is a list of the interested parties to be notified of Council’s decision: Enzo Bertucci Ken &Irene Pattison C. Brown Leigh Taylor Beth Kelly Laura Labine Joseph Doyle Edward Johns Chris Ball Jim Scarth Shane Stagg Gina Stewart Joan and Fred Johns Rob & Amy Wilson Pauline Couccio Anne Mason I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0003 55 Clarington Blvd\Staff Report\Apr 23 2018 Recommendation\PSD-035-18 Recommendation Report.Docx 136 Attachment 1 to Report PSD-035-18 Corporation of the Municipality of Clarington By-law Number 2018-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2017-0003; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 15.4 “Special Exceptions – Urban Residential Type Four (R4) ZONE” is hereby amended by adding thereto, the following new Special Exception: “15.4.44 Urban Residential Exception (R4-44) ZONE Notwithstanding 3.16 d., 15.2 a., 15.2 c. i) and ii), 15.2 g., 15.2 h., and 15.2 i., those lands zoned “R4-44” on the Schedules to this By-law shall subject to the following zone provisions: a. Density i) minimum 200 units per net hectare ii) maximum 240 units per net hectare b. Yard Requirements (minimum) i) Front Yard 6 metres ii) Interior Side Yard 9 metres c. Height (maximum) 12 storeys d. Height (minimum) 10 storeys e. Parking Aisle Width (Minimum) 6.5 metres f. Parking Structure Regulations (minimum) i) Setback from property line (minimum) 0.5 metres 137 ii) No portion of the underground parking structure, above finish grade, shall be located within the front yard or exterior side yard, with the exception of air intake or exhaust shafts not exceeding 0.5 metres above finished grade. i. Bicycle Parking (minimum) i) 0.5 space per dwelling unit ii) 75% of the required spaces shall be within a building or structure. j. Minimum indoor amenity space 2 square metres per unit k. Minimum outdoor amenity space 4 square metres per unit l. Any communication equipment other than an antenna must be contained within the building or mechanical penthouse.” 2. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R4-44) Zone" as illustrated on the attached Schedule ‘A’ hereto. 3. Schedule ‘A’ attached hereto shall form part of this By-law. 4. Special provisions for removing the (H) Holding Symbol from the R4-44 Zone. In addition to the general provisions of the Official Plan with respect to the removal of the (H) Holding symbol, Council shall only enact a by-law to remove the (H) Holding Symbol from the R4-44 Zone when: a) Durham Region provides clearance with respect to the Environmental Site Assessment, Archaeological Study, and Noise Study; 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2018 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk 138 139 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: April 23, 2018 Report Number: PSD-036-18 Resolution Number: File Numbers: ZBA 2015-0022 By-law Number: (Cross-reference SPA 2015-0022) Report Subject: A revised rezoning application by 1891211 Ontario Limited to permit three apartment buildings containing 425 dwelling units, Bowmanville West Urban Centre Recommendations: 1. That Report PSD-036-18 be received; 2. That the application to amend the Zoning By-law submitted by 1891211 Ontario Limited be approved and that the Zoning By-law contained in Attachment 2 to Report PSD-036-18 be passed; 3. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 4. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-036-18 and Council’s decision; and 5. That all interested parties listed in Report PSD-036-18 and any delegations be advised of Council’s decision. 140 Municipality of Clarington Report PSD-036-18 Page 2 Report Overview This report recommends the approval of an application by 1891211 Ontario Limited for lands located at the southeast corner of Regional Road 57 and King Street West in Bowmanville. The current development plan is for three apartment buildings, between 6 and 12 storeys, containing a total of 425 dwelling units. It conforms to the Official Plan and Bowmanville West Town Centre Secondary Plan. 1. Application Details 1.1 Owner/Applicant: 1891211 Ontario Limited 1.2 Agent: YYZed Project Management 1.3 Proposal: Rezoning application to permit three apartment buildings, between 6 and 12 storeys, containing a total of 425 dwelling units 1.4 Density 148 units per net hectare 1.5 Area: 2.87 hectares 1.6 Location: Part of Lot 14, Concession 1, Former Town of Bowmanville 215, 219 & 223 King Street West, Bowmanville 1.7 Roll Number: 1817 020 010 08410 1.8 Within Built Boundary: Yes 2. Background 2.1 The subject applications and supporting studies have been under review since late December 2015. The following is a chronology of the applications: Activity Date Application for 6 storey development deemed complete December 8, 2015 Public Information Centre hosted by Applicant January 28, 2016 Statutory Public Meeting held by Council February 22, 2016 Revised Application for development up to 12 storeys received August 16, 2017 Second Public Meeting held by Council October 2, 2017 141 Municipality of Clarington Report PSD-036-18 Page 3 2.2 The first Public Meeting report (PSD-017-16), identified traffic and access identified as major issues to address. Figure 1 illustrates the Original Concept Plan. As a result of Engineering staff’s request that the entrance be signalized, and spacing requirements for signalization, the proposed access to King Street had to shift approximately 30 metres to the east. 2.3 Moving the access resulted in a major revision to the plan. The revised plan was submitted to address other comments relating to servicing and grading, urban design and site layout to avoid significant noise barriers adjacent to the railway. The revision to the built form did not significantly change the density of the project, but the height of the buildings are now between 6 and 12 storeys, compared to the original plan for three buildings, all six storeys in height. A second public meeting was held on October 2, 2017 to consider the major revision shown on Figure 2 and summarized below: Original Application Second Submission Total: 414 units Total: 425 units 2.4 Following the second Public Meeting held on October 2, 2017, the application continued to address the major issues in order to support the rezoning. At this time, all review agencies and staff have no objection to the approval of the zoning by-law amendment, and will continue to be involved during the site plan process. This report highlights the issues that have been resolved in order to support the rezoning, versus the design details that will be refined during the site plan approval stage. 2.5 The site benefits from a prominent location at the southeast corner of Regional Road 57 and King Street West in Bowmanville. The designation permits high density residential development and is a key site in the West Town Centre of Bowmanville. The proposed revised site plan and perspective drawing are included as Figure 3 and 4, respectively. 2.6 The following studies were submitted in support of the proposed rezoning application and concurrent site plan application and are summarized in Section 7: • Functional Servicing Report • Transportation Study • Noise and Vibration Impact Study • Urban Design Brief • Energy Conservation and Sustainability Plan • Stage 1-3 Archaeological Assessment • Geotechnical Investigation • Phase 1 Environmental Site Assessment 142 Municipality of Clarington Report PSD-036-18 Page 4 Figure 1: Aerial Photograph showing Original Concept Plan Figure 2: Aerial Photograph showing Revised Concept Plan (Access shifted east 30 m) 143 Municipality of Clarington Report PSD-036-18 Page 5 Figure 3: Proposed Site Plan Figure 4: Building Perspective Drawing 144 Municipality of Clarington Report PSD-036-18 Page 6 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located at the southeast corner of Regional Road 57 and King Street West in Bowmanville. The triangular-shaped parcel is bounded by the CP Railway to the south and is relatively flat. The railway is well below the road grade at the west end where it goes under Regional Road 57, while it is well above the grade of King Street West at the east end of the site. Vegetation on the site has regenerated over time, and is not identified as a significant natural heritage resource. 3.2 The surrounding uses are as follows: North - Liberty Pentecostal Church South - CP Railway; existing residential development East - CP Railway overpass at King Street West; existing residential development West - Future Retail/Commercial Development 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. 4.2 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. 4.3 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. 4.4 The applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.5 The subject lands are located within the defined Built Boundary of Bowmanville. 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. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built up area. 145 Municipality of Clarington Report PSD-036-18 Page 7 4.6 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. 4.7 The Growth Plan provides for higher density targets along transit corridors and around transit stations, including the subway network, light rail lines, bus rapid transit routes and the GO Transit network. 4.8. Major transit station areas on priority transit corridors will be planned in a transit- supportive manner that maximizes the size of the area and the number of potential transit users that are within walking distance of the station. A major transit station area is generally defined as the area within approximately 500 metre radius of a transit station, representing about a 10 minute walk. 4.9 Major transit station areas will be planned for a minimum density target of 150 residents and jobs combined per hectare for those that are served by the GO Transit rail network. 4.10 Within major transit station areas on priority transit corridors, land uses and built form that would adversely affect the achievement of the minimum density targets in the Growth Plan will be prohibited. 4.11 Public transit will be the first priority for transportation infrastructure planning and investments. Decisions on transit planning and investment will be made based on many factors including the following: • Supporting the transit priorities identified in the Plan, including the GO Rail extension to Bowmanville; • Prioritizing areas with existing or planned higher residential or employment densities to optimize return on investment and the efficiency and viability of existing and planned transit service levels; • Increasing the capacity of existing transit systems to support strategic growth areas; and • Expanding transit service to areas that have achieved, or will be planned to achieve, transit-supportive densities and provide a mix of residential, office, institutional and commercial development. 4.12 The applications conform to the Growth Plan. 146 Municipality of Clarington Report PSD-036-18 Page 8 5. Official Plans Durham Regional Official Plan 5.1 The subject lands are within a Regional Centre. Regional Centres provide a full array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office uses. Regional Centres function as places of symbolic and physical interest for the residents, and shall provide identity to the area municipalities within which they are located. The subject lands are also located along a Transit Spine, being the Highway 2/King Street corridor. 5.2 Regional Centres shall support an overall, long-term density target of at least 75 residential units per gross hectare and a floor space index of 2.5. Gross densities are measured over the entire Secondary Plan area, including roads, parks and other infrastructure. 5.3 Development in Regional Centres shall be based on the following principles: • Compact urban form which is transit-supportive; • Provides a mix of uses and opportunities for intensification; • Follows good urban design principles with focus on public spaces and pedestrian connections, with parking sited to the rear or within buildings; and • Enhances grid connections for pedestrians and cyclists. 5.4 The Bowmanville Regional Centre is designated as a Transportation Hub. A Transportation Hub is a major destination and facilitates transfers between different modes of transit service. Development within approximately 500 metre radius or 10 minute walk should be mixed use or at higher density to support future transit services. 5.5 Transit Spines facilitate inter-regional and inter-municipal transit services along arterial roads (GO Transit), and intersect with local transit services (Durham Regional Transit). Development along Transit Spines shall provide for complimentary higher densities and mixed uses. 5.6 The lands are within the Built Boundary. On an annual basis, a minimum of 40 percent of all residential development is to occur through intensification inside the Built Boundary. The Clarington urban areas shall be planned to accommodate a minimum 32 percent of all residential development occurring annually through intensification within the built-up area. Regional Centres and Transportation Hubs to be a key focus of intensification. 147 Municipality of Clarington Report PSD-036-18 Page 9 5.7 Since the site is bound by Regional Road 57 and King Street West (both identified as arterial roads) and the railway to the south, noise and vibration impacts must be mitigated in accordance with Ministry of Environment guidelines. 5.8 The subject application conforms to the Regional Official Plan. Clarington Official Plan 5.9 The Clarington Official Plan designates the subject lands Urban Centre. Urban Centres shall be comprehensively developed to provide residential and/or mixed use developments in order to achieve higher densities, transit oriented development and reinforce the objective of having a diverse mix of land uses. Urban Centres will be planned and developed as a centre providing the highest level of retail and service uses and are the primary focal point of cultural, community, recreational and institutional uses in Clarington. Bowmanville is the predominant Urban Centre in Clarington. 5.10 The Bowmanville GO Rail Station is identified as a Transportation Hub. The lands around it are to develop as a mixed use, higher density place. The Clarington Official Plan requires Transportation Hub areas to be developed at a net density of 200 units per hectare. The Official Plan states that the Municipality will work in partnership with the Province and the Region to provide a transit- supportive environment including directing density to Transportation Hubs, the Regional Transit Spine and Regional and Local Corridors. 5.11 Core objectives of the Official Plan are to encourage transit-supportive, mixed use and compact urban form in Priority Intensification Areas, which the subject lands are a part of. Available and planned public infrastructure should be used efficiently. Lands within the broader Urban Centre are to develop to a minimum net density of 120 units per hectare. Mixed-use and apartment buildings are to be the predominant form, ranging in height from 4 to 12 storeys. 5.12 The site is within a Prominent Intersection and must also satisfy the Official Plan’s comprehensive Urban Design policies that encourage a high quality public realm, and give priority to sustainable design, including environment-first principles, walkability, land efficiency, compact and connected communities and resource and energy efficiency. Attractive and safe communities are encouraged to create a sense of place and a diversity of built form. The built form should facilitate active transportation and public transit. 5.13 The lands are located within the Built Boundary. The Municipality has an intensification target of at least 32% of all new residential units within the Built-up Area up to the year 2021, increasing to 40% thereafter to the year 2031. For Bowmanville, this means 4,150 new intensification units by the year 2031. The Bowmanville Urban Centres are identified as Priority Intensification Areas. 148 Municipality of Clarington Report PSD-036-18 Page 10 5.14 The Bowmanville West Urban Centre has a housing target by 2031 of approximately 3,000 units, including approximately 2,557 high density and 484 medium density units. 5.15 The development must satisfy the Official Plan’s comprehensive Urban Design policies that encourage a high quality public realm, and give priority to sustainable design, including environment-first principles, walkability, land efficiency, compact and connected communities and resource and energy efficiency. Attractive and safe communities are encouraged to create a sense of place and a diversity of built form. The built form should facilitate active transportation and public transit. 5.16 The Municipality is in the process of updating the Secondary Plans to bring them into conformity with this Plan. Where there is a conflict or inconsistency with the parent Plan, the Secondary Plan will prevail, unless the conflict is associated with the density and intensification policies of the parent Plan, in which case the parent Plan shall prevail. 5.17 Regional Road 57 and Durham Highway 2/King Street West are identified as arterial roads consistent with the Durham Regional Official Plan. 5.18 The subject application conforms to the Clarington Official Plan. Bowmanville West Town Centre Secondary Plan 5.19 The subject lands are designated as Office Commercial in the Bowmanville West Town Centre Secondary Plan. The designation allows for residential development up to a maximum density of 150 units per hectare. The policies do not require the integration of retail and service uses within the residential development at this location, however, providing a mix of uses is encouraged. 5.20 In addition to the Urban Design and Town Centre policies that give direction to site plan design, the Bowmanville West Town Centre Secondary Plan contains detailed Urban Design policies, including an Urban Design Guideline, and policies specific to apartment buildings. 5.21 The Secondary Plan is currently in the process of being updated in 2018 to conform to the new Clarington Official Plan, as amended by OPA 107. The proposed Zoning By-law Amendment conforms to the Bowmanville West Town Centre Secondary Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands Agricultural (A). A rezoning is required to place the lands in an appropriate urban zone to permit the apartment buildings. 149 Municipality of Clarington Report PSD-036-18 Page 11 7. Summary of Background Studies Functional Servicing Report 7.1 The existing sanitary sewer south of the site along King Street West (Old Highway 2) is proposed to be extended beneath the railway and extended to the south side of existing King Street W est. The buildings will connect to this new extension of sanitary sewer that will cross the site. 7.2 Water services are available along the east side of Regional Road 57. The report has demonstrated that there is sufficient supply and pressures for consumption and for fire suppression for each building. 7.3 The stormwater management proposal is to convey stormwater underneath the CP Railway at the east end of the site and to connect to the existing municipal storm sewer on King Street West (Old Highway 2) and Waverly Road. Onsite storage in underground tanks and release controls are proposed to control the rate of stormwater leaving the site. 7.4 The plan also proposes an oil/grit separator to address water quality objectives. Transportation Study 7.5 The Transportation Study assessed the site traffic on the basis of a signalized access, 200 metres to the east of the existing signalized intersection at Regional Road 57 and King Street West. 7.6 The study modelled existing and future traffic, post development of the site, and also considered the findings of the Region Road 57 Environmental Assessment for its planned widening and reconstruction. 7.7 The study finds an acceptable level of service at the proposed signalized site access. The study also highlights that the development satisfies zoning requirements for resident and visitor parking. Noise & Vibration Impact Study 7.8 The noise study assessed impacts from both rail and road noise on the proposed dwelling units. Outdoor amenity areas are proposed on the rooftops of the buildings. All areas will be within acceptable noise levels according to Ministry of Environment and Climate Change, with the exception of a rooftop amenity area at the intersection of Regional Road 57 and King Street West that will require a 1.3 metre (approximately 4 feet) noise wall. 7.9 The crash wall and berming will mitigate some of the railway noise generated by the site. 150 Municipality of Clarington Report PSD-036-18 Page 12 7.10 The study acknowledges that building construction materials and glazing must be built to a standard to mitigate noise within the building. This will be further refined during the site plan approval and the detailed design stage of the building. 7.11 Warning clauses will be required in agreements of purchase and sale to advise future residents of noise generated by the railway and noise attenuation measures that are in place. 7.12 Noise generated by condensing units at Garnet B. Rickard Recreation facility were determined to be insignificant. The consultant also provide an opinion on noise deflection from the new building and impact to the existing residential area to the south. The consultant expects noise deflection to be insignificant compared to the direct sound from transportation noise sources. 7.13 Vibration mitigation will be required for Building 1 only. The foundation must be designed to control vibration in accordance with CP and provincial criteria. Urban Design Brief 7.14 The report provides an overview of building design and site layout. The buildings are 5 metres from the streetline to provide a defined street edge. A two storey amenity building provides massing at the intersection, and acts as a gateway between the development and the Bowmanville West Urban Centre. 7.15 Transitions in building heights are provided ranging from a small section of 4 storeys at the east end of Building 3, and up to twelve storeys, to provide variation. A variety of building materials and inset balconies are also used to assist in blending the massing of the building. Masonry will be used, limiting the amount of glass, to complement the character of the area. 7.16 Underground parking is provided and surface parking is entirely screened from the abutting roads by the buildings. 7.17 Landscaping and decorative fencing will be used to transition between the public realm along the street and sidewalks, and the first floor units that will have private patio space. 7.18 The development aligns itself with the criteria outlined in the Secondary Plan and Urban Design Guidelines by reinforcing the street edge with high quality, pedestrian-oriented design, and respecting the character of the Bowmanville Urban Area’s built form. The development will further animate and improve the characteristics for the Bowmanville West Urban Centre. 151 Municipality of Clarington Report PSD-036-18 Page 13 Energy Conservation and Sustainability Plan 7.19 The building design consists of between 40-50% glazing which will reduce the amount of solar heat loss and gain. The buildings will be constructed of concrete and clad with locally sourced material. Each building will be equipped with a tri- sorter in the parking level to deal with different waste streams and to provide for recycling. 7.20 The plan also proposes efficient heating and cooling systems, and conservation features within each unit. The orientation of the units promote solar heat gain along the south facing building in the winter months, and during the summer months shading from upper floor balconies assist in controlling heat gain. Special glass windows can control heat gain along the western exposure for Building 1. 7.21 The provision of underground parking reduces the amount of imperviousness at grade. The development provides pedestrian connections, cycling facilities and use of public transit by residents will be encouraged given proximity to GO transit routes. Archaeological Assessment 7.22 An initial Stage 1 and 2 Archaeological Assessment was completed in November 2015. The test pit survey uncovered a number of artefacts likely associated with a homestead originating from a homestead established in 1825. 7.23 A Stage 3 Archaeological Assessment was recommended and completed in May-June 2016. A total of 59 one-metre test pits were excavated. Most of the material dates to before 1870 and possess cultural heritage value or interest. The materials found include ceramics, nails and container glass. 7.24 A Stage 4 mitigation of impact is required prior to development. This is a hand- excavation of the site in areas with the greatest concentration of artefacts. The report also provides for special avoidance measures that can be included in conditions of approval. Geotechnical Investigation 7.25 The geotechnical report assessed soil data to provide guidelines for the design and construction of the foundations, buildings, and private road network. The geotechnical assumed a 6 storey development. Phase 1 and 2 Environmental Site Assessment 7.26 The assessments did not find any areas of environmental concern or site contamination on site. No further site investigation is required prior to development. 152 Municipality of Clarington Report PSD-036-18 Page 14 8. Public Submissions 8.1 A public information centre and a public meeting were held to consider the 6 storey proposal in January-February 2016, and a second public meeting was held on October 2, 2017 for the current proposal. A special page on the Municipal Website continues to be dedicated to the subject development proposal, and reflects the latest plan. 8.2 Eleven members of the public attended the first Public Information Centre, and four residents spoke in objection and/or with concerns at the statutory Public Meeting held on February 22, 2016 8.3 At the second statutory Public Meeting held on October 2, 2017 to consider the 12 storey proposal, five members of the public spoke in objection and/or with concerns about the proposal. 8.4 The list below reflects all comments received on the development proposal. • The development is resulting in too much density. • The buildings are too tall. • Concerns raised about adding more traffic in the vicinity of a busy intersection. • Development adjacent to railway and busy road is unsafe for residents and children. • It would be difficult to turn in and out of the site along busy King Street. • The development would have a negative impact to property values. • Concern regarding suitable fire protection. • Concerned about the length of construction period and impacts from construction, such as noise, dust, traffic. • What will the building look like from walking along Highway 2 and how does the building fit in with the character of neighbourhood. • Keep the Bowmanville corridor ‘historic’. • Would the tenure of the building be condominium or rental? • Additional children from development would result in school overcrowding. • How will children get to schools? • Noise from railway will bounce off the buildings and impact the Waverley neighbourhood. • Additional development would result in increased crime rates. • The development will have negative environmental impacts – impact to butterfly habitat. • Coordinate development and servicing together with Regional Road 57 reconstruction 8.5 Staff have also been contacted by several individuals looking to purchase units, and those in support of the project. 153 Municipality of Clarington Report PSD-036-18 Page 15 9. Agency Comments Regional Municipality of Durham 9.1 Regional Planning confirms the site’s location within a Regional Centre and along a Transit Spine. Centres support an overall density target of 75 units per gross hectare and a Floor Space Index of 2.5. 9.2 Regional Planning has no objection to the proposed rezoning, provided the Holding symbol is applied and that the Region has final clearance on all matters relating to site contamination, implementation of noise and vibration mitigation measures and the archaeological assessment. 9.3 Regional Works has no objection to the approval of the zoning by-law amendment and acknowledges that remaining comments are site plan issues related to the design of the extensions of the trunk sanitary sewer beneath the railway and across the site within an easement, and the water services to the site. 9.4 The shifting of the original driveway entrance 30 metres to the east has satisfied signal spacing requirements. The signals will be installed under the unwarranted signal policy. The Region will require Clarington to provide a letter of understanding to provide the funding of the signals before the design work can begin. The Regional will require an agreement with Clarington to cover the full cost of the signal installation and maintenance. The Region will review final access design given impact to the Regional road network and intersections. 9.5 Municipal waste collection can be provided on private drive aisles having a width of 6.5 metres and a turning radius of 13 metres. 9.6 Durham Region Transit determined that the application does not present any significant transit impacts. Central Lake Ontario Conservation Authority 9.7 The Conservation Authority does not object to the rezoning application proceeding and will continue to review grading, servicing and stormwater management during the site plan stage. Several engineering related comments were forwarded to the applicant’s engineer. Canadian Pacific Railway 9.8 CP Railway has no objection, in principle, to the rezoning application. The Railway’s final approval will be subject to the detailed design through the Site Plan Approval process. 154 Municipality of Clarington Report PSD-036-18 Page 16 9.9 The site plan submitted indicates that a crash wall (alternative safety measure) is being provided in place of a standard earthen berm. The final design is under review by CP Railway’s peer reviewer and subject to the approval of the final design of the crash wall, CP has no objection. 9.10 Typical setbacks of dwellings from the railway right-of-way is a minimum of 30 metres. As per the Railway’s Proximity Guidelines, reductions in setback can be achieved through reciprocal increases in berm/alternative safety barrier height. Conceptually CP has no objection to the reduction to 20 metres, subject to the final design review of the crash wall noted above. 9.11 The stormwater management report and grading reports are currently with CP’s peer reviewer to ensure that the storm and drainage will not negatively impact the railway corridor. CP acknowledges the proposed crossing of utilities (a sanitary sewer and a storm sewer) beneath the railway. CP has an approval process for utility crossings. Final approval will be addressed at the site plan stage. 9.12 A 1.83 metre chain link fence is to be constructed on the property line beyond sections of the crash wall. CP has reviewed the Noise and Vibration Impact Study and support the implementation of the recommendations contained therein. Standard warning clauses are required in all agreements of purchase and sale. Other Agencies 9.13 Veridian, Kawartha Pine Ridge District School Board, Peterborough Victoria Northumberland Clarington Catholic District School Board, Canada Post and Enbridge Gas had no objections to the proposed rezoning, and standard conditions of approval were forwarded to the applicant. 10. Departmental Comments Engineering Services 10.1 Engineering Services is satisfied with the functional servicing and stormwater management plan for the site and has no objection to the rezoning proceeding. 10.2 The applicant submitted a Transportation Study in support of the application and is deemed acceptable. Staff support the shifting of the entrance to the east, and future signalization. 10.3 In additional to finalizing servicing, grading, and stormwater management details, several detailed site plan related comments will be forwarded to the applicant to be addressed in the next site plan submission and conditions of approval. Final approval will be coordinated with the Region of Durham, the Conservation Authority and Canadian Pacific Railway and will address the following: 155 Municipality of Clarington Report PSD-036-18 Page 17 • Agreement and financial contribution for signalization • Accommodation of upstream drainage through the site • Adjusting grades of ditching at the street to create a more urban cross section to the extent possible • Entrance and boulevard work criteria • Landscaping to conform to Bowmanville West Town Centre Streetscape Plan • Sidewalk platforms along Regional Road 57 • Crash wall details • Standard conditions relating to site alteration, road occupancy, development agreement, performance guarantees and road damage deposits • Cash-in-lieu of parkland Emergency and Fire Services 10.4 Clarington Emergency and Fire Services has no objections to the rezoning application and provided comments relating to the location of fire routes and hydrants, and notations on the site plan drawings. “No parking” signage will be required along all fire routes and detailed on the site plan. 10.5 The Department must be satisfied through the site plan approval process with access to the site from an emergency response perspective. Operations Department 10.6 The Operations Department provided comments relating to grading, providing suitable fencing along the railway, upgrading street lighting, designating snow storage areas and landscaping treatment along King Street West. The comments will need to be addressed in their future site plan submission. Operations has no objection to the rezoning. Building Division 10.7 The Building Division has no objection to approval of the rezoning. The site plan submission must provide barrier-free paths of travel, the location of fire routes and hydrants and detailed servicing and grading plans in order to complete their review. Accessibility Committee 10.8 The Accessibility Committee met to discuss the applications and has provided detailed comments on the current development proposal related to site plan matters for their consideration and action. The committee will continue to be involved in the review of subsequent site plan submissions. 156 Municipality of Clarington Report PSD-036-18 Page 18 11. Discussion The Site is within the predominant Urban Centre in Clarington 11.1 The site of this proposal is located at a prominent intersection in Clarington and represents a key residential development opportunity in the Bowmanville West Urban Centre. The development has the potential to integrate well with existing and planned residential, commercial, retail and office, and institutional uses in the West Urban Centre. The site is centrally located to also support businesses in the East Urban Centre. 11.2 The proposal is designed to provide a transition to existing residential neighbourhood south of the CPR line through a building design that starts at six stories closest to its south property line and transitioning to 12 stories closer to the intersection Regional Road 57 and King Street West. The site is in close proximity to the future Bowmanville GO Rail station, a recognized Transit Hub 11.3 The future terminal station for the Lakeshore East rail line in Bowmanville is recognized as a Transportation Hub. Unlike many other GO Stations which are located away from Urban Centres, the extension of GO Rail Service to Bowmanville will service the urban centres of Oshawa and Bowmanville. The subject lands are within a 10 minute walk of the future Bowmanville station and therefore part of the Bowmanville Transportation Hub. 11.4 The current Secondary Plan established a maximum density of 150 units per net hectare. The current development concept would result in a density of 148 units per net hectare which meets the current Secondary Plan but falls short of the density for Transportation Hubs being 200 units per net hectare. The site is acknowledged as having constraints including: • the triangular shape of the property with an acute angle at the east end of the property leaving portions of the site undevelopable; • an easement to contain a regional trunk sanitary sewer and storm sewer will cross the site; • The Canadian Pacific Railway setback requirements for residential units; and • Significant changes in grade relative to abutting streets. 11.5 Staff have assessed the 2.87 hectare size and determined that there is approximately 0.5 hectare of the site that is undevelopable due to constraints. By netting out the undevelopable area, a more applicable density calculation is 180 units per hectare. 157 Municipality of Clarington Report PSD-036-18 Page 19 11.6 This application is a transitional application received in 2015 prior to the adoption of OPA 107 which established the higher density targets for the transportation Hub and Bowmanville West Urban Centre. Recognizing that numbers in Official Plan are intended to be approximate, the proposed density complies with the Urban Centre density targets. Having consideration for the on-site constraints noted above, including the relocation of the entrance, the effective site density would be as high as 180 units per hectare. Giving consideration for the site plan design, which provides for a stepped design of the apartment building to transition down towards existing development, it is staff’s view that as a transitional application, the proposal meets the intent of the Official Plan to achieve higher densities within the Transit Hub. The Location of the Signalized Access is Endorsed 11.8 The application was revised to address the significant concerns raised by staff and agencies on the original concept plan. Shifting the access 30 metres to the east resulted in a redesign of the site, compressing the three buildings closer together. 11.9 The preliminary design of the access is acceptable for the purposes of supporting the rezoning. Detailed design and agreement for the installation of the signals and provisions for cost recovery will be resolved at the site plan stage. 11.10 The traffic study finds that the road network can support the proposed trips generated by the development. Functional Servicing and Stormwater Management plan is satisfactory 11.11 The functional servicing plan and stormwater management proposal for the site is generally satisfactory. The site will be serviced by existing water services and will be completing a significant section of the 375 mm trunk sanitary sewer beneath the railway to service this site and extended northward to service the lands along Regional Road 57 in the Brookhill neighbourhood, west of Bowmanville Creek. 11.12 All servicing and stormwater management details will be continue to be refined, the preliminary functional design is satisfactory. CP Railway and Crash Wall 11.13 The standard railway policy is to provide for a 30 metre setback from the railway to residences with containment berms located within that area where appropriate, depending on grades. Alternative safety measures, such as a crash walls, can be proposed to reduce this setback. Across this site, the relative grade differential of the railway and the subject site changes. The proposed apartment building is located just outside a 20 metre setback. The applicant has proposed a crash wall along much of the southerly edge of the property not only for the apartment building but in relation to the underground parking areas. At its 158 Municipality of Clarington Report PSD-036-18 Page 20 maximum height, the crash wall is 4.55 metres (approximately 15 feet) and has a thickness of 0.6 metres (2 feet). Attachment 1 illustrates cross-sections at two points along the property line between the site and the railway. On the east side of the site (generally east of the entrance), there is no crash wall but a containment berm will be constructed. 11.14 CP Railway has confirmed that it has no objection in principle to the rezoning. The crash wall will be the subject of detailed design through the site plan process. The site is well suited for higher densities 11.15 This triangular site is an isolated parcel created when Highway 2 was realigned on the south side of the CP Railway tracks. To the north and west sides of the site are institutional uses and other future higher density sites. The existing low density residential area is located south of the railway which provides some separation distance. There will be virtually no shadow, traffic or noise impacts on the existing residential area. There will be some oversight from upper storey units but separation distance and in some cases the existing mature trees mitigate this. The crash wall provides screening of the parking areas and lower floor units. Sufficient On-site Parking is provided 11.16 Residents expressed concern about the lack of parking on site. Although the site plan has not been finalized, on-site parking has been provided in accordance with the provisions of the Zoning By-law for each dwelling type plus visitor parking at a rate of 0.25 spaces per unit. Apartment development does not create the perceived social impacts that residents fear 11.17 Residents raised concerns that the project would attract criminal activity, have a negative impact on property values, and lead to additional noise, littering and trespass on private property. These opinions are generally not supported by research. People who live in apartments, whether rental or condominium tenure, are a cross-section of society like the rest of the neighbourhood. Construction Impacts will be typical with new development 11.18 There will be inevitable impacts from the subject development, especially during construction. Municipal staff will take appropriate action to mitigate the impact on existing residents. This includes a dust management plan which is a condition of all development approvals. This does not mean that dust from construction will be completely eliminated; the aim is to control it to the greatest extent possible. Impacts from construction vehicles, delivery of supplies, etc. will be isolated from the neighbourhood to the south since access will be from King Street West. 159 Municipality of Clarington Report PSD-036-18 Page 21 Special Conditions for Removal of Holding Symbol 11.19 While there are technical aspects of the development to resolve through site plan approval, the applicant has addressed the major issues through the review of the rezoning application. 11.20 Special terms and conditions are to be implemented through the approved site plan drawings and the site plan agreement. The following must be addressed prior to Removing the Holding Symbol: • Stage 4 Archaeological retrieval of artefacts subject to satisfaction of the Ministry of Tourism Culture and Sport. • Inclusion of Vibration and Noise Mitigation techniques in accordance with the Noise and Vibration Impact Study. • CP Railway approval of site plan and engineering drawings, in addition to appropriate easement arrangements for extension of services beneath the railway. • Agreement with Region of Durham and Municipality of Clarington for installation and cost recovery of traffic signals. • Sign off from Qualified Professional for Environmental Site Assessment to the satisfaction of the Region of Durham. 11.22 All taxes owing to the Municipality of Clarington have been paid in full. 12. Concurrence Not Applicable. 13. Conclusion The subject lands have been designated for higher density development since 1993. In consideration of all agency, staff and public comments, it is respectfully recommended that the rezoning application to permit a multi-unit residential development in the Bowmanville West Urban Centre by 1891211 Ontario Limited be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 160 Municipality of Clarington Report PSD-036-18 Page 22 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott@clarington.net ATS/CP/DJC/nl A list of interested parties in on file in the Planning Services Department. Attachment 1 – Cross Sections showing Crash Wall Height Attachment 2 – Proposed Zoning By-law Amendment I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2015\ZBA2015-0022 215, 219, 223 King St W\Staff Reports\3. PSD-036-18\PSD-036-18 YYZed Recommendation Report.docx 161 Attachment 1 to Report PSD-036-18 Cross-Sections showing Crash Wall Height relative to Undergound Parking, Apartment Building and Railway 162 Attachment 2 to Report PSD-036-18 Corporation of the Municipality of Clarington By-law Number 20___-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2015-0022; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 15.4 “Special Exceptions – Urban Residential Type Four (R4) ZONE” is hereby amended by adding thereto, the following new Special Exception: “15.4.45 Urban Residential Exception (R4-45) ZONE Notwithstanding 3.1 c., 3.12 c., 3.16 d., 3.22 g., 15.2 a., 15.2 c. i) and iii), 15.2 c. iv), 15.2 g., and 15.2 h., those lands zoned “R4-45” on the Schedules to this By- law shall subject to the following zone provisions: a. Density i) minimum 148 units per net hectare ii) maximum 180 units per net hectare b. Yard Requirements (minimum) i) Front Yard 6 metres ii) Exterior Side Yard 5 metres iii) Setback to railway property line 20 metres c. Height i) maximum 12 storeys ii) minimum 2 storeys d. Parking Aisle Width (Minimum) 6.5 metres 163 e. Loading Spaces (4 metres by 11 metres) (Minimum) 4 f. Accessory Building Floor Area (Maximum) 90 square metres g. Parking Structure Regulations (minimum) i) Setback from property line (minimum) 0.5 metres ii) No portion of the underground parking structure, above finish grade, shall be located within the front yard or exterior side yard, with the exception of air intake or exhaust shafts not exceeding 0.5 metres above finished grade. h. Bicycle Parking (minimum) i) 0.5 space per dwelling unit ii) 75% of the required spaces shall be within a building or structure. i. Amenity Space (minimum) i) Indoor amenity space 2 square metres per unit ii) Outdoor amenity space 4 square metres per unit” j) Any communication equipment other than an antenna must be contained within the building or mechanical penthouse.” 2. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R4-45) Zone" as illustrated on the attached Schedule ‘A’ hereto. 3. Schedule ‘A’ attached hereto shall form part of this By-law. 4. Special provisions for removing the (H) Holding Symbol from the R4-45 Zone. In addition to the general provisions of the Official Plan with respect to the removal of the (H) Holding symbol, Council shall only enact a by-law to remove the (H) Holding Symbol from the R4-45 Zone when: a) Durham Region provides clearance with respect to the Environmental Site Assessment, Archeological Study, and Noise Study; b) An agreement is entered into with respect to the funding of signals on King Street West; c) Approval by CP Railway for site servicing and grading, including entering into necessary agreements for the extension of services beneath the railway. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. 164 By-Law passed in open session this _____ day of ____________, 2018 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk 165 166 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: April 23, 2018 Report Number: PSD-037-18 Resolution: File Number: PLN 34.5.4.18 and 34.5.2.86 By-law Number: Report Subject: Heritage Designation, 156 Church Street, Bowmanville Recommendations: 1. That Report PSD-037-18 be received; 2. That the Clerk issue a Notice of Intention to Designate 156 Church Street, Bowmanville, as a cultural heritage resource under Part IV of the Ontario Heritage Act pursuant to the provisions of the Ontario Heritage Act; 3. That depending on the response to the Notice of Intention to Designate, the Clerk either prepare the necessary by-law or report back to Council regarding objection(s) received; and 4. That the interested parties listed in Report PSD-037-18 and any delegations, be advised of Council’s decision. 167 Municipality of Clarington Report PSD-037-18 Page 2 Report Overview The Municipality is responsible for the identification and conservation of heritage resources. The Edna Thompson Child Care Centre at 156 Church Street is an example of a well maintained and cared for building by its current owner, the Region of Durham. It would be beneficial to designate the property under Part IV of the Ontario Heritage Act to ensure its significant architectural features continue to be part of the downtown fabric of Bowmanville. 1. Background 1.1 156 Church Street, Bowmanville is a primary heritage resource in the Municipality’s heritage resource inventory of cultural heritage resources. The Region of Durham and Municipality both have goals in their Official Plans and Strategic Plans with regard to the protection and preservation of cultural heritage resources. Figure 1: Edna Thompson Child Care Centre, 156 Church Street, Bowmanville 168 Municipality of Clarington Report PSD-037-18 Page 3 1.2 156 Church Street (Figure 2) is one of the best examples of the Italianate architectural style in Clarington. The house known as the Shaw house for its long association with the family is beautifully proportioned, with sophisticated detailing. Dichromatic brickwork is used effectively, and the contrast between buff and red brick forms a distinctive pattern between the storeys. Buff brick also accents the solid quoins and double rows of hood moldings above the paired windows. The broad eaves are supported by elegant brackets below a hipped roof that is shingled in slate on the angled portions. The recessed central bay is unique, enclosing an intricately detailed storm porch with paneled double doors, sidelights and three rounded transom lights. The complete description of the cultural heritage attributes of this property is included in Attachment 1. Figure 2 - view of 156 Church from across the street 1.3 The Region of Durham, Facilities Division have maintained the building at 156 Church Street in keeping with the architectural character of the building. The building as the Edna Thompson Child Care Centre has to meet the requirements of the Day Care Act and the Accessibility Act. The interior of the building has been altered and an addition added to the rear of the building. The Region is currently looking for a new home for the Edna Thompson Childcare Centre and will be looking to dispose of the property in the future. 169 Municipality of Clarington Report PSD-037-18 Page 4 2. Protecting Cultural Heritage Resources 2.1 In achieving its cultural heritage objectives, the tools that the Municipality has at its disposal are the Provincial Policy Statement, the Ontario Heritage Act plus the goals objectives and policies of the Official Plan. 2.2 Section 2.6.1 of the Provincial Policy Statement (PPS) states that significant built heritage resources shall be conserved. In the PPS 2014, “significant” is defined as a resource that has been determined to have cultural heritage value or interest for the important contribution it makes to our understanding of the history of a place, an event, or a people. "Conserved" is defined as the identification, protection, use and/or management of built heritage resources in a manner that ensures their cultural heritage value or interest is retained under the Ontario Heritage Act. 2.3 Section 4 of Growth Plan for the Greater Golden Horseshoe identifies cultural heritage sites as valuable assets that must be wisely protected and managed as part of planning for future growth. 3. Legislation Ontario Heritage Act 3.1 The Ontario Heritage Act empowers a municipality to pass a by-law designating a structure considered to be of cultural heritage significance. The Clarington Heritage Committee (CHC) are in full support of the designation of this property. 3.2 The Ontario Heritage Act outlines the process for designation. The CHC has recommended the designation, if Council concurs, the next step is publishing the Notice of Intention to Designate in the locally circulated newspaper. Only one advertisement of the Notice of Intention to Designate is required. A summary description of the heritage designation process is attached to this report as Attachment 2. 3.3 Once a property is designated the property owner is required to obtain the consent for any proposed significant alterations to the building listed in the designation by-law (Attachment 3) or for demolition of all or part of the structure. Region of Durham Official Plan 3.4 Section 2 of the Regional Municipality of Durham Official Plan sets out goals for the preservation of historic and cultural heritage, including built heritage. Further it encourages Councils of the area municipalities to utilize the Ontario Heritage Act to conserve, protect and enhance the built and cultural heritage resources. 170 Municipality of Clarington Report PSD-037-18 Page 5 Clarington Official Plan 3.5 Section 8 of the Clarington Official Plan fully supports the heritage designation of individual properties under Part IV of the Ontario Heritage Act. 4. Public Notice Under the Ontario Heritage Act notification is required before Council designates a property. Municipal Staff have worked with the Facilities Division at Region of Durham on an ongoing basis to ensure the maintenance and repairs to the building are in keeping with the architecture features. Staff notified the Commissioner of Works for Durham Region regarding the intention to designate the building and met in late March, 2018. 5. Concurrence Not Applicable. 6. Conclusion 6.1 The Clarington Heritage Committee and Staff are in support of the designation of this property as an individual designation under Part IV of the Ontario Heritage Act. 6.2 Should no objections be received by the Municipal Clerk within 30 days of publishing the Notice of Intention to designate the proposed by-law designating the property will be forwarded to Council for approval. Alternatively if an objection(s) is received the Clerk will provide a report to Council. 6.3 Upon designation the owners will be presented with a bronze plaque signifying the significance of the property to the community and the Municipality as a whole. 7. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 171 Municipality of Clarington Report PSD-037-18 Page 6 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B. Comm., LLB Director of Planning Services Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid@clarington.net Attachments: Attachment 1 – Statement of cultural value and heritage attributes Attachment 2 – Heritage designation process Attachment 3 – Proposed By-law The following is a list of the interested parties to be notified of Council’s decision: Region of Durham, Clerk Susan Siopis, Commissioner of Works, Region of Durham Clarington Heritage Committee c/o Dave Addington Jim Leonard, Ontario Heritage Trust Tracey Ali, President, Clarington ACO FL/nl;tg I:\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 34 Heritage (All Files)\PLN 34.5.4.18 156 Church St Bowmanville\PSD-037-18.docx 172 Attachment 1 to Municipality of Clarington Report PSD-037-18 The Shaw House 156 Church Street, Bowmanville Statement of Cultural Value This fine Italianate brick house was built at 156 Church Street circa 1890, and replaced an earlier brick house. Both were home to members of the Shaw family. In 1845 Thomas Shaw (1819-1885) emigrated to Canada from England with his wife Jane (nee Newby 1815-1901) and daughter Mary Elizabeth (1843-1920). Although no records of the family’s early life can be found, it seems probable that they came to Bowmanville almost immediately, as Mary Elizabeth’s obituary in 1920 states that “she lived 75 years on Church Street”. At least four more children were added to the family: Thomas Junior (1848-1884), Cornelia (b.1851) Anna (b.1852) and Oratis Franklin (1856-1882). In the 1861 Census, Thomas and Jane are living in a brick house on Church Street in Bowmanville and Thomas’ occupation is given as “hotel keeper”. It is fair to assume that he is managing the Alma Hotel, built on Lot 156 Church Street in 1856 and owned by Samuel Mason. In 1869, Jane Shaw purchased Lot 155 from William Dean, (this 173 was possibly the house she and Thomas were already living in) and in 1872 Thomas purchased the Alma Hotel from Samuel Mason. The Alma was a handsome, three- storey brick building located at the busy corner of Church and Temperance Streets. From a photograph taken on July 5th 1886, it appears to have in excess of 30 rooms, and was undoubtedly a very successful family enterprise. Originally a temperance house, this seems to have changed with Shaw ownership - in the 1881 Census Thomas Junior’s occupation is described as “bar keeper.” Over the course of two years, Thomas and Jane lost their eldest grandson Newby Muir (January 1882) and both sons – Orastis Franklin (known as Frank) in April 1882 and Thomas Junior in September 1884. Thomas Senior did not long survive them, dying in May 1885. Then, on July 7 1888, a fire began in the hotel stables which quickly spread to the hotel, the Shaw residence and ultimately to the Congregational church. All were lost. The Shaw residence and church were rebuilt, but the Alma Hotel was never replaced. After re-construction, Thomas Shaw Senior’s widow, Jane, moved into the new house at 156 Church Street – a residence considerably larger and more elegant than its predecessor. Originally set back from the street, it was one of the most imposing homes in Bowmanville. In the 1891 Census, Jane’s daughter Mary Elizabeth Muir (now a widow), grand- daughter Annie Muir and grandson James Marriner Muir (a teacher) are all living with her. In 1892, James leaves for Hawaii, where he marries and raises a family of his own. By the 1901 Census Jane, Elizabeth and Annie are sharing the house with four young boarders, all described as “sandwich makers”. After Jane Shaw’s death on November 11 1901 her daughter, Mary Elizabeth Muir inherited the property under the terms of Thomas Shaw’s Will. In 1918, Mary Elizabeth Muir deeded 156 Church Street to her daughter Annie, and in 1919 sold Lot 156 (site of the Alma Hotel) to The Bell Telephone Company for $2,000. Following Mary Elizabeth’s death in July 1920, Annie sells the property to William Claude Caverley for $6,000. Annie does not long survive her mother, dying in Toronto on May 15, 1921. 156 Church Street remained in the Caverley/Oliver family until 1955, when it was sold to local doctor Allen B. Sylvester. In 1968, Dr. Sylvester sold the property to Dr Harold Anfossi who, in turn, sold it in 1975 to the Regional Municipality of Durham. At present, it houses a Regional Day Care Centre. 174 Description of Heritage Attributes The Shaw House at 156 Church Street in Bowmanville is beautifully proportioned, with sophisticated detailing. Dichromatic brickwork is used effectively, and the contrast between buff and red brick forms a distinctive pattern between the storeys. Buff brick also accents the solid quoins and double rows of hood mouldings above the paired windows. The broad eaves are supported by elegant brackets below a hipped slate shingled roof. The recessed central bay is unique, enclosing an intricately detailed storm porch with panelled double doors, sidelights and three rounded transom lights. 156 Church Street is a fine Italianate brick house built circa 1890. The craftsmanship of its construction is extraordinary and is evidenced in its exterior and architectural features which include: Exterior • dichromatic brickwork (buff and red brick) • buff brick also accents the solid quoins and double rows of hood mouldings above the paired windows. • the elegant brackets below a hipped roof on the broad eaves. • the recessed central bay. • the double doors, sidelights and three rounded transom lights of the front porch • the slate shingled angular (hipped) portions of the roof. 175 1. Designation by Municipal Bylaw (Section 29 of the Ontario Heritage Act) Property listed on municipal and provincial registers Property listed on Canadian Register Notice of Designation: 1. Served on property owner 2. Served on OHT 3. Published in newspaper Notice of Withdrawal of Intention to Designate: 1. Served on property owner 2. Served on OHT 3. Published in newspaper Designating bylaw passed & registered on title Property not designated Property not designated Designation proposed Council consults with MHC Objections within 30 days? Notice of Intention to Designate: 1. Served on property owner 2. Served on OHT 3. Published in newspaper Objection referred to CRB for hearing Notice of Hearing published in newspaper CRB hearing and report Council considers CRB Report YES YES NO NO YES NO Council Decision: Designate property? Council Decision: Proceed with designation? Designating Heritage Properties • Appendix: Flowcharts 34 Attachment 2 to Report PSD-037-18 176 Attachment 3 to Municipality of Clarington Report PSD-037-18 The Corporation of the Municipality Of Clarington By-Law No. 2018 – Being a by-law to designate the property known for municipal purposes as 156 Church Street, Bowmanville, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R. S. O. 1990, Chapter 0.18; Whereas the Ontario Heritage Act, R. S. O., 1990, c.O. 18 authorizes the Council of the Municipality to enact by- laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; and Whereas the Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes at156 Church Street, Bowmanville and upon the Ontario Heritage Foundation, Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation on_________ ; and Whereas the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this by-law; and Whereas the Clarington Heritage Committee has recommended that the property known for municipal purposes as 156 Church Street, Bowmanville, be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and Whereas no notice of objection to the proposed designation was served upon the Municipal Clerk within the period prescribed by the Ontario Heritage Act; Now Therefore the Council of the Corporation of The Municipality of Clarington hereby enacts as follows: 1. The property known for municipal purposes at 156 Church Street, Bowmanville which is more particularly described in Schedule "B" which is attached to and forms part of this by- law, is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R. S. O. 1990, c., O. 18. 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. 3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause notice of the passing of this by-law to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation. 177 By-law passed in open session this ____ day of _____, 2018 _____________________________ C. Anne Greentree, Municipal Clerk ___________________________ Adrian Foster, Mayor 178 Schedule 'A' To By-law 2018- Statement of Significance and list of character defining features. Cultural Heritage Attributes The heritage value of 156 Church Street, Bowmanville resides in the fine Italianate brick house was built circa 1890. It replaced an earlier brick home, both owned and occupied by members of the Shaw family. In 1845 Thomas Shaw (1819-1885) emigrated to Canada from England with his wife Jane (nee Newby 1815-1901) and daughter Mary Elizabeth (1843-1920). Although no records of the family’s early life can be found, it seems probable that they came to Bowmanville almost immediately, as Mary Elizabeth’s obituary in 1920 states that “she lived 75 years on Church Street”. At least four more children were added to the family: Thomas Junior (1848-1884), Cornelia (b.1851) Anna (b.1852) and Oratis Franklin (1856-1882). In the 1861 Census, Thomas and Jane are living in a brick house on Church Street in Bowmanville and Thomas’ occupation is given as “hotel keeper”. It is fair to assume that he is managing the Alma Hotel, built on Lot 156 Church Street in 1856 and owned by Samuel Mason. In 1869, Jane Shaw purchased Lot 155 from William Dean, (this was possibly the house she and Thomas were already living in) and in 1872 Thomas purchased the Alma Hotel from Samuel Mason. The Alma was a handsome, three- storey brick building located at the busy corner of Church and Temperance Streets. From a photograph taken on July 5th 1886, it appears to have in excess of 30 rooms, and was undoubtedly a very successful family enterprise. Originally a temperance house, this seems to have changed with Shaw ownership - in the 1881 Census Thomas Junior’s occupation is described as “bar keeper.” Over the course of two years, Thomas and Jane lost their eldest grandson Newby Muir (January 1882) and both sons – Orastis Franklin (known as Frank) in April 1882 and Thomas Junior in September 1884. Thomas Senior did not long survive them, dying in May 1885. Then, on July 7 1888, a fire began in the hotel stables which quickly spread to the hotel, the Shaw residence and ultimately to the Congregational church. All were lost. The Shaw residence and church were rebuilt, but the Alma Hotel was never replaced. After re-construction, Thomas Shaw Senior’s widow, Jane, moved into the new house at 156 Church Street – a residence considerably larger and more elegant than its predecessor. Originally set back from the street, it was one of the most imposing homes in Bowmanville. In the 1891 Census, Jane’s daughter Mary Elizabeth Muir (now a widow), grand- daughter Annie Muir and grandson James Marriner Muir (a teacher) are all living with her. In 1892, James leaves for Hawaii, where he marries and raises a family of his own. 179 By the 1901 Census Jane, Elizabeth and Annie are sharing the house with four young boarders, all described as “sandwich makers”. After Jane Shaw’s death on November 11 1901 her daughter, Mary Elizabeth Muir inherited the property under the terms of Thomas Shaw’s Will. In 1918, Mary Elizabeth Muir deeded 156 Church Street to her daughter Annie, and in 1919 sold Lot 156 (site of the Alma Hotel) to The Bell Telephone Company for $2,000. Following Mary Elizabeth’s death in July 1920, Annie sells the property to William Claude Caverley for $6,000. Annie does not long survive her mother, dying in Toronto on May 15, 1921. 156 Church Street remained in the Caverley/Oliver family until 1955, when it was sold to local doctor Allen B. Sylvester. In 1968, Dr. Sylvester sold the property to Dr Harold Anfossi who, in turn, sold it in 1975 to the Regional Municipality of Durham. At present, it houses a Regional Day Care Centre. Architectural Heritage Attributes The Shaw House is beautifully proportioned, with sophisticated detailing. Dichromatic brickwork is used effectively, and the contrast between buff and red brick forms a distinctive pattern between the storeys. Buff brick also accents the solid quoins and double rows of hood mouldings above the paired windows. The broad eaves are supported by elegant brackets below a hipped slate shingled roof. The recessed central bay is unique, enclosing an intricately detailed storm porch with panelled double doors, sidelights and three rounded transom lights. 156 Church Street in Bowmanville is a fine Italianate brick house built circa 1890. The craftsmanship of its construction is extraordinary and is evidenced in its exterior and architectural features which include: Exterior • dichromatic brickwork (buff and red brick) • buff brick also accents the solid quoins and double rows of hood mouldings above the paired windows • the elegant brackets below a hipped roof on the broad eaves. • the recessed central bay • the double doors, sidelights and three rounded transom lights of the front porch • the slate shingles on the angular sides (hipped) of the roof 180 Schedule 'B' To By-law 2018- Legal Description: Lt 155 Blk L, Plan Grant Bowmanville Pt Lot 154, Blk L, Plan Grant, Bowmanville Being Pt 5 on 10R-378 Municipality of Clarington Regional Municipality of Durham PIN 26626-0073 (LT) 181 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: April 23, 2018 Report Number: PSD-038-18 Resolution: File Number: ZBA 2017-0036, 18T-87083 By-law Number: Report Subject: An application by CM Planning Inc. on behalf of 2408406, 2408426 and 2408428 Ontario Inc. for Removal of “(H) Holding” Symbol to permit a model home/sales office in a Draft Approved Plan of Subdivision, Newtonville Recommendations: 1. That Report PSD-038-18 be received; 2. That the application to remove the “(H)” Holding Symbol submitted by CM Planning Inc. on behalf of 2408406, 2408426 and 2408428 Ontario Inc. to permit a model home/sales office be approved as contained in Attachment 1 to Report PSD-038-18; 3. That the once all the conditions contained in the Official Plan with respect to removal of the “(H)” Holding Symbol on the balance of the lands are satisfied, the By-law authorizing removal of the “(H)” will be forwarded to Council for approval; 4. That the Region of Durham and the Municipal Property Assessment Corporation be forwarded a copy of Report PSD-038-18 and Council’s decision; and 5. That all interested parties listed in Report PSD-038-18 and any delegations be advised of Council's decision. 182 Municipality of Clarington Report PSD-038-18 Page 2 Report Overview The purpose of this application is to remove the “(H)” Holding symbol to permit the construction of one model home/sales office in a Draft Approved Plan of Subdivision. The report is also recommended that a By-law authorizing the removal of “(H)” on the balance of the lands to permit 28 residential lots, be forwarded to Council for approval once all obligations have been met. The subdivision is located east of Regional Road 18 (Newtonville Road) and north of Highway 401, in the hamlet of Newtonville. 1. Application Details 1.1 Owner: 2408406, 2408426 and 2408428 Ontario Inc. 1.2 Applicant: CM Planning Inc. on behalf of 2408406, 2408426 and 2408428 Ontario Inc. 1.3 Proposal: Removal of “(H)” Holding Symbol from the Hamlet Residential Exception (RH-17) Zone 1.4 Area: 23.18 hectares 1.5 Location: North side of Highway 401, east of Newtonville Road, Part Lot 8, Concession 1, in the Hamlet of Newtonville (Figure 1) 1.6 Roll Number: 18-17-030-010-09100 1.7 Within Built Boundary: Yes 183 Municipality of Clarington Report PSD-038-18 Page 3 Figure 1: Subject Site 2. Background 2.1 The 28 lot residential plan of subdivision was draft approved in 1992. The implementing zoning by-law was approved by the Town of Newcastle in 1992. 2.2 In 2014, Fourteen Estates acquired the lands and recently has entered into a subdivision agreement with the Municipality. Registration of the plan of subdivision is anticipated in the coming weeks. Fourteen Estates has applied for Site Plan Approval for a model home/sales office and is seeking removal of the “(H)” Holding symbol so that a building permit can be issued for the model. 184 Municipality of Clarington Report PSD-038-18 Page 4 3. Staff Comments 3.1 The “(H)” Holding symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. 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 as may be deemed necessary by Council including the implementation of the policies of this plan. 3.2 Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol and no building permits can be issued. The applicant has entered into a subdivision agreement with the Municipality and posted the necessary securities to complete the works. Staff have no concerns with lifting the “H” symbol for only the sales office. A subsequent by-law will be forwarded to Council authorizing removal of the “H” on the balance of the lands once the subdivision is registered. 3.3 A Zoning By-law Amendment to remove the “(H)” Holding symbol cannot be appealed and shall be deemed final and binding upon Council’s approval. 3.4 All property taxes have been paid in full. 4. Concurrence Not applicable. 5. Conclusion In consideration of the comments noted above, approval of the removal of the "(H)” Holding symbol for one lot, as shown on the attached By-law and Schedule (Attachment 1) is recommended. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B. Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Cynthia Strike, Principal Planner Development Review, 905-623-3379 ext. 2410 or cstrike@clarington.net. Attachments: Attachment 1 – Zoning By-law Amendment to Remove ‘H’ Symbol 185 Municipality of Clarington Report PSD-038-18 Page 5 The following is a list of the interested parties to be notified of Council’s decision: Shawn Rondeau - Fourteen Estates Carolyn Molinari – CM Planning 186 Attachment 1 to Report PSD-038-18 The Corporation of the Municipality of Clarington By-law 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 model home/sales office on the subject lands; (ZBA 2017-0036) Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule “16” (Newtonville)” to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Holding- Hamlet Residential Exception ((H) RH-17) Zone” to “Hamlet Residential Exception (RH-17) 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 187 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: April 23, 2018 Report Number: PSD-039-18 Resolution: File Number: ZBA2018-0007 By-law Number: Report Subject: An Application by Carlos Pereira for Removal of (H) Holding Symbol, 20 and 22 Darlington Boulevard, Courtice Recommendations: 1. That Report PSD-039-18 be received; 2. That the application submitted by Carlos Pereira to remove the “(H)” Holding symbol be approved as contained in Attachment 1 to Report PSD-039-18; 3. That Council’s decision and a copy of Report PSD-039-18 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and 4. That all interested parties listed in Report PSD-039-18 and any delegations be advised of Council's decision. 188 Municipality of Clarington Report PSD-039-18 Page 2 Report Overview The purpose of this report is to recommend approval of the application to remove the “(H)” Holding Symbol to permit the development of two single detached dwellings on two new lots fronting on Foxhunt Trail severed from the rear of 20 and 22 Darlington Boulevard in Courtice. 1. Application Details 1.1 Owners: Vito and Doriana Deligio, and Dora Saco 1.2 Applicant: Carlos Pereira 1.3 Proposal: Removal of Holding (H) Symbol from: the "Holding-Urban Residential ((H) R1) Zone". 1.4 Area: 0.19 Hectares 1.5 Location: Rear portion of the properties at 20 and 22 Darlington Boulevard, Courtice Part Lot 35, Concession 2, former Township of Darlington 1.6 Roll Numbers: 18-17-010-070-14300 and 18-17-010-070-14400 1.7 Within Build Boundary: Yes 2. Background 2.1 On February 27, 2018, an application was submitted requesting that the “(H)” Holding Symbol be removed from the rear of the properties located at 20 and 22 Darlington Boulevard in Courtice. 2.2 The Holding Symbol on the subject property has been in place since the adoption of the Corporation of the Town of Newcastle Zoning By-law 84-63 in 1984. At the time of its implementation, the “(H)” Holding Symbol was placed on all urban residential properties zoned for development that had yet to be serviced. 189 Municipality of Clarington Report PSD-039-18 Page 3 Figure 1: Key Map 3. Staff Comments 3.1 The “(H)” Holding symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. 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 as may be deemed necessary by Council including the implementation of the policies of this Plan. 3.2 The subject lots are being created through related consent application LD 062/2017 to LD 064/2017 inclusive. In June 2017, the applicant received approval from the Region of Durham for consent applications to sever the rear portion of the two Darlington Boulevard properties, and further split one of the lots to create a 15 metre wide lot fronting on Foxhunt Trail consistent with the originally planned servicing scheme and surrounding lots subject to a number of conditions. 190 Municipality of Clarington Report PSD-039-18 Page 4 3.3 The applicant has been working to fulfil the conditions of approval for the consent applications, including payment of parkland, front-ending payments and performance guarantees. Staff supports the removal of the “(H)” Holding Symbol. 3.5 As of the writing of this report, all property taxes for both properties have been paid in full. 4. Concurrence Not applicable. 5. Conclusion In consideration of the comments noted above, approval of the removal of the "Holding H)" symbol for the rear portion of the properties located at 20 and 22 Darlington Boulevard in Courtice, as shown on the attached By-law and schedule (Attachment 1) is recommended. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Amanda Tapp, Planner, 905-623-3379 ext. 2420 or atapp@clarington.net Attachments: Attachment 1 - Zoning By-law Amendment to Remove (H) Symbol The following is a list of the interested parties to be notified of Council’s decision: Vito Deligio Doriana Deligio Dora Saco Carlos Pereira AT/CP/tg 191 Municipality of Clarington Attachment 1 to Report PSD-039-18 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 two single detached dwellings on the subject lands (ZBA 2018-0007); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule “4” (Courtice)” to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Holding – Urban Residential ((H) R1) Zone” to “Urban Residential (R1) 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 192 193 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: April 23, 2018 Report Number: Addendum to PSD-024-18 Resolution Number: File Number: ZBA2016-0010 By-law Number: Report Subject: A revised application by MODO Bowmanville Towns Ltd. for a rezoning to permit 414 residential units in a townhouse and apartment development in the Bowmanville West Urban Centre Recommendations: 1.That Report PSD-024-18 be received; 2.That Addendum Report PSD-024-18 be received; 3.That the revised Zoning By-law Amendment application (ZBA 2016-0010) submitted by MODO Bowmanville Towns Ltd. be approved as contained in Attachment 1 to Addendum Report PSD-024-18; 4.That notwithstanding Section 45(1.3) of the Planning Act, Council permits the submission of minor variances application to the Committee of Adjustment for relief from the maximum lot coverage and minimum landscape open space provisions of the zoning for the subject lands, if necessary; 5.That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 6.That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-024-18, Addendum Report PSD-024-18 and Council’s decision; and 7.That all interested parties listed in Addendum Report PSD-024-18 and any delegations be advised of Council’s decision. 194 Municipality of Clarington Addendum to Report PSD-024-18 Page 2 Report Overview This is an addendum report to PSD-024-18 that was referred to the April 23, 2018 Planning and Development Committee meeting. This is also a joint public meeting and recommendation report for approval of a revised application by MODO Bowmanville Towns Ltd. in the Bowmanville West Urban Centre. Staff are recommending approval of the revised rezoning application for a 414 unit townhouse and apartment development with an overall minimum density of 170 units per hectare. 1. Background 1.1 On March 19, 2018, Report PSD-024-18 (Attachment 2) recommended that Council deny the application by MODO Bowmanville Towns Ltd. for a 103 unit townhouse project. Council passed an alternate resolution as follows: Resolution # C- 096- 18 Moved by Councillor Hooper seconded by Councillor Partner That Report PSD -024-18 be referred back to Staff; That further meetings be scheduled with the developer to consider alternatives; and That staff report back by the April 23, 2018 Planning and Development Committee meeting with options for Council to consider regarding development on the subject lands. 1.2 Staff met with representatives from Kaitlin on March 26, 2018 to discuss revised development scenarios and Staff received a revised proposal on March 27, 2018. Below is a comparison of the original and revised applications: Original Application Revised Application 42 dual frontage townhouse units 152 stacked townhouse units 61 back to back townhouse units 72 apartment units in a 6 storey building 190 apartment units in an 11 storey building TOTAL: 103 units TOTAL: 414 units 1.3 A Notice of Public meeting was mailed on March 29, 2018 to inform all existing interested parties, in addition to all residents and businesses within 120 metres of the revised proposal and the public meeting details. 195 Municipality of Clarington Addendum to Report PSD-024-18 Page 3 The original and revised concept plans are included as Figure 1 and Figure 2 respectively. Figure 1: Original Conceptual Site Plan for MODO South 196 Municipality of Clarington Addendum to Report PSD-024-18 Page 4 Figure 2: Revised Conceptual Site Plan for MODO South 2.Public Comments on Revised Proposal 2.1 Notice of the revised application and the Public Meeting scheduled for April 23, 2018 was mailed on March 29, 2018. At the time of writing this report, two area residents who were involved during the review of the original proposal reiterated concerns about impacts to the neighbourhood, density and traffic from the proposal and number of units. 2.2 Staff received comments from two prospective purchasers who had questions about the application and its status. A copy of denial Report PSD-024-18 and the Notice of Public Meeting with a copy of the latest revised concept plan were provided. 2.3 During the circulation of the revised proposal, one resident raised general concerns regarding the concentration of density around the GO Station. 197 Municipality of Clarington Addendum to Report PSD-024-18 Page 5 3. Staff and Agency Comments The revised concept plan was forwarded to Regional Planning, the Central Lake Ontario Conservation Authority and Clarington Engineering Services. No new comments were raised with respect to the increase in density. All previous comments remain valid and must be addressed as part of the required site plan and condominium approvals. 4. Discussion Implementing the Bowmanville West Urban Centre Vision 4.1 Report PSD-024-18 provided significant discussion about the need for high density developments in Urban Centres and within Transportation Hubs in relation to planning objectives to contain sprawl, protect agricultural land, maximize return on transit investment so as to encourage higher levels of service in the future. Higher densities are an important element of creating a vibrant urban centre. 4.2 Following discussions with the applicant, the revised concept plan provides for stacked back-to-back townhouse units and introduces apartments. This revised plan better reflects what Staff had requested though the review of the application. There is higher density in compliance with the Official Plan while at the same time providing for a transition to the existing residential area east of Green Road. 4.3 While a comprehensive site plan has not been prepared and the design of the buildings is not advanced, the revised development would generate a density of approximately 173 units per net hectare, versus the original proposal that had a density of approximately 43 units per hectare. This is roughly split between approximately 120 units per net hectare for the stacked townhouses and 235 units per hectare for the apartments. The higher density is achieved due to the underground parking and the one level parking deck built into the railway berm. 4.4 While the net density of 173 units per net hectare for the entire site is technically falls short of the density target for Transportation Hubs, it is a significant improvement recognizing the vision contemplated in the Official Plans and the Provincial Growth and Regional Transportation Plans. The application, originally submitted in 2016, is a transitional application that will largely comply with the new policy regime. This revised proposal makes a significant contribution to integrate land use and transit infrastructure planning. Traffic 4.5. Traffic around the Bowmanville West Urban Centre will be at higher levels since this area is planned as the focal point of growth in the community. Over time, roads and intersections have been and will continue to be built and improved to provide for a grid system to disperse traffic easier. A roundabout will be constructed this year at Green Road as it intersects with Clarington Boulevard and Boswell Avenue. In the future traffic lights will be installed at Green Road and Prince William Boulevard intersection. Transit and active transportation networks will also be improved over time. The active 198 Municipality of Clarington Addendum to Report PSD-024-18 Page 6 transportation network is one focus of the Secondary Plan study which is getting underway. Despite continuing improvements, it must be recognized that as the area with the highest concentration of activities in the Municipality, traffic levels for vehicles and pedestrians will also be much higher. Increasing Housing Diversity 4.6 The proposal provides for three different housing types. The back-to-back stacked townhouses will be the first units of this type in Clarington. The courtyard setting at grade will provide be markedly different and quite attractive with parking below grade. The apartments on the site provide for accessible housing suitable for persons with mobility issues, a range of incomes and suitable for people in many stages of life. This six storey apartment could be built with wood construction so it can be offered at a different price point than the concrete and steel construction for the higher 11 storey apartment building. Implementing Urban Design Objectives 4.7 The proposal meets key urban design criteria for Regional Centres and Priority Intensification Areas including: • Buildings are sited to create a strong street edge; • entrances are clearly visible and directly accessible to the municipal sidewalk; • buildings would enhance the built environment with attention to massing, building articulation and building materials; and • adequate light and privacy for building occupants and adjacent properties. Urban design will be further reviewed at the site plan stage. The site design also provides for appropriate transitions as discussed below. Transition to the Neighbourhood to the West 4.8 The revised proposal provides for a good transition to existing neighbourhood to the west side of Green Road. The previous proposal provided for dual frontage townhouses that were three stories tall but with an optional rooftop amenity area that provided a fourth storey. 199 Municipality of Clarington Addendum to Report PSD-024-18 Page 7 Figure 3: Street view of MODO Dual frontage townhouses 4.9 The revised proposal is for stacked townhouses with a total of four floors with a rooftop amenity area as shown below. In essence this provides for a similar massing along the Green Road frontage and a portion of the Clarington Boulevard frontage. The higher density is achieved as a result of underground parking for the units. Instead of driveway parking areas, there would be a courtyard amenity area. Access from the below-grade parking to the units would be through centralized access points within the courtyard. The ground floor units have a private amenity area at grade and the upper floor units may have a rooftop amenity area. Figure 4: Street view of Sample Stacked Townhouses 200 Municipality of Clarington Addendum to Report PSD-024-18 Page 8 Figure 5: Courtyard view of Sample Stacked Townhouses 4.10 To the east of the proposed townhouses fronting on Clarington Boulevard, the applicant is proposing a six storey apartment building. A sample elevation shown below. This would provide a transition between the 12 storey apartment buildings at 55 and 51 Clarington Boulevard and the four storey stacked townhouses. Figure 6: Elevation of sample Six Storey Apartment Building 201 Municipality of Clarington Addendum to Report PSD-024-18 Page 9 4.11 Although the Secondary Plan update for the Bowmanville West Urban Centre has only recently commenced, this project implements the scale of development appropriate for the predominant Urban Centre, increases the diversity of housing types and generally meets the urban design goals of the Official Plan. Approval of the proposal at this time is not considered to jeopardize the update to the Bowmanville West Urban Centre Secondary Plan. Recommended Zoning By-law Amendment 4.12 Two site specific Urban Residential zones are recommended. The R3-55 Zone would permit the stacked townhouse component on the west side of the site along Green Road with a density range between 100 and 120 units per hectare. The R4-43 Zone permits apartments with a density range between 200 and 240 units per hectares. Apartment building heights are permitted to range between six and 11 storeys, while townhouse blocks would range between four and five storeys in height. Special provisions in the R3-55 and R4-43 Zones will allow for required parking and amenity space to be calculated across the two zones. 4.13 The zoning of the lands reflects the transition in built form as discussed in Section 4.8 by permitting the townhouse component on the west side adjacent to Green Road, with the 6 and 11 storey buildings on the east side, transitioning to the 12 storey proposal at 51-55 Clarington Boulevard. 4.14 A front yard setback of six metres is provided for the apartment buildings which is consistent with the project to the east at 51-55 Clarington Boulevard. Townhouse units will have minimum setbacks of two metres to the porch and four metres to the dwelling along both Green Road and Clarington Boulevard, consistent with the units in MODO North. Special provisions relating to the parking structure, indoor and outdoor amenity space and drive aisle width to accommodate municipal waste pickup are also provided. 4.15 The current site plan shows that the current Zoning By-law requirements for resident and visitor parking can be satisfied therefore no site specific parking regulations are required. 4.16 It is anticipated that the development proposal can satisfy the standard R3 and R4 regulations in all other respects, including lot coverage, setback from the railway and landscape open space. However, since the site plans have not been detailed, it is recommended that the applicant be provided the opportunity to apply to the Committee of Adjustment within the 2-year timeout period for lot coverage and landscape open space provisions, if necessary. Special Conditions for Removal of the Holding Symbol 4.17 While there are technical aspects of the development to resolve through site plan approval, the applicant has addressed issues in order to recommend approval of the rezoning application. 202 Municipality of Clarington Addendum to Report PSD-024-18 Page 10 4.18 Special terms and conditions are to be implemented through the approved site plan drawings and the site plan agreement. The following must be addressed prior to removing the Holding (H) Symbol: • Archaeological clearance to satisfaction of the Ministry of Tourism Culture and Sport. • An updated Noise and Vibration Impact Study prepared to the satisfaction of CP Railway and Metrolinx and inclusion of any recommendations and mitigation techniques in the site plan design and development agreement to the satisfaction of the Region of Durham. • Updated Phase 1 Environmental Site Assessment and sign off from Qualified Professional for Environmental Site Assessment to the satisfaction of the Region of Durham. 4.19 Taxes owing to the Municipality of Clarington have been paid in full. 5. Concurrence Not Applicable. 6. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the revised rezoning application to permit a 414 unit multi-residential development in the Bowmanville West Urban Centre by MODO Bowmanville Towns Ltd be approved. 7. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 203 Municipality of Clarington Addendum to Report PSD-024-18 Page 11 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott@clarington.net ATS/CP/DJC/nl Attachments: Attachment 1 – Proposed Zoning By-law Amendment Attachment 2 – Report PSD-024-18 The list of the interested parties to be notified of Council’s decision is available in the Planning Services Department. I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2016\ZBA2016-0010 MODO\Staff Report\Recommendation Apr 23 2018\Addendum Report To PSD-024-18.Docx 204 Attachment 1 to Addendum Report PSD-024-18 Corporation of the Municipality of Clarington By-law Number 20___-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2016-0010; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) ZONE” is hereby amended by adding thereto, the following new Special Exception: “14.6.55 Urban Residential Exception (R3-55) ZONE Notwithstanding 3.1 g. iv), 3.16 d., 14.1 a., 14.4 a. c., e., f. and g., those lands zoned “R4-43” on the Schedules to this By-law permitted uses shall also include Stacked Townhouse Dwellings, and shall only be used subject to the following zone provisions: a. Density i) minimum 100 units per net hectare ii) maximum 120 units per net hectare b. Yard Requirements for Stacked Townhouse Dwellings (minimum) i) Front Yard i. Dwelling 4.0 metres ii. Porch 2.0 metres ii) Exterior Side Yard i. Dwelling 4.0 metres ii. Porch 2.0 metres iii) Interior Side Yard 5 metres iii) Minimum setback to a private street, parking space or sidewalk 1.5 metres iv) Minimum setback between dwellings without a common wall 5.5 metres c. Stacked Townhouse Dwelling Height i) Minimum 4 storeys ii) Maximum 5 storeys d. Lot Coverage (maximum) 45% e. Landscape Open Space (minimum) 30% f. Parking Structure Regulations i) Setback from property line (minimum) 0.5 metres ii) Height of Parking Deck Structure (maximum) 4 metres above at-grade parking iii) No portion of the underground parking structure, above finish grade, shall be located within the front yard or exterior side yard, with the exception of air intake or exhaust shafts not exceeding 0.5 metres above finished grade. g. Bicycle Parking (minimum) i) 0.5 space per dwelling unit ii) 75% of the required spaces shall be within a building or structure. h. Minimum outdoor amenity space 4 square metres per unit” i. Required amenity space and parking spaces may be provided in adjacent R4-43 Zone. j. The provisions of Section 3.1 g. (iv) continue to apply, except where they are in conflict with the yard requirements for a porch in Section 14.6.55 b. of this exception zone. k. Required amenity space and parking spaces may be provided in adjacent R4-43 Zone.” 2. Section 15.4 “Special Exceptions – Urban Residential Type Four (R4) ZONE” is hereby amended by adding thereto, the following new Special Exception: “15.4.43 Urban Residential Exception (R4-43) ZONE Notwithstanding 3.1 g. iv), 3.16 d., 15.2 a., c. i) and ii), f., g., h., and i., those lands zoned “R4-43” on the Schedules to this By-law permitted uses shall only be used subject to the following zone provisions: a. Density i) minimum 200 units per net hectare ii) maximum 240 units per net hectare b. Yard Requirements (minimum) i) Front Yard 6 metres ii) Interior Side Yard 4 metres c. Building Height i) Minimum 6 storeys ii) Maximum 11 storeys d. Landscape Open Space (minimum) 30% e. Parking Aisle Width (minimum) 6.5 metres f. Parking Structure Regulations i) Setback from property line (minimum) 0.5 metres ii) Height of Parking Deck Structure (maximum) 4 metres above at-grade parking iii) No portion of the underground parking structure, above finish grade, shall be located within the front yard or exterior side yard, with the exception of air intake or exhaust shafts not exceeding 0.5 metres above finished grade. g. Bicycle Parking (minimum) i) 0.5 space per dwelling unit ii) 75% of the required spaces shall be within a building or structure. h. Minimum indoor amenity space 2 square metres per unit i. Minimum outdoor amenity space 4 square metres per unit” j. Required amenity space and parking spaces may be provided in adjacent R3-55 Zone. k. Any communication equipment other than an antenna must be contained within the building or mechanical penthouse.” 3. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R3-55) Zone" and Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R4-43) Zone" as illustrated on the attached Schedule ‘A’ hereto. 4. Schedule ‘A’ attached hereto shall form part of this By-law. 5. Special provisions for removing the (H) Holding Symbol from the R3-55 and R4-43 Zone. In addition to the general provisions of the Official Plan with respect to the removal of the (H) Holding symbol, Council shall only enact a by-law to remove the (H) Holding Symbol from the R3-55 and R4-43 Zone when: a) Durham Region provides clearance with respect to the Environmental Site Assessment, Archaeological Study, and Noise Study; 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2018 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk \\netapp5\group\Planning\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2016\ZBA2016-0010 MODO\Staff Report\Revised Zoning By-law\REVISED Attachment 1 to Addendum Report PSD-024-18.docx 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: March 12, 2018 Report Number: PSD-024-18 Resolution Number: File Number: ZBA 2016-0010 By-law Number: Report Subject: An Application by MODO Bowmanville Towns Ltd for a rezoning to permit a 103 townhouses in the Bowmanville West Urban Centre Recommendations: 1.That Report PSD-024-18 be received; 2.That the Zoning By-law Amendment application (ZBA 2016-0010) by MODO Bowmanville Towns Ltd. (Kaitlin Corporation) for 103 townhouses on lands south of the future extension of Clarington Boulevard be denied; 3.That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-024-18 and Council’s decision; and 4.That all interested parties listed in Report PSD-024-18 and any delegations be advised of Council’s decision. Attachment 2 to Addendum Report PSD-024-18 210 Municipality of Clarington Report PSD-024-18 Page 2 Report Overview It is recommended that the proposed Zoning By-law amendment for 103 unit townhouse development at the south east corner of the future intersection of Green Road and Clarington Boulevard be denied. The lands are located within 500 metres of the future Bowmanville GO rail station, an identified Transportation Hub in the Regional and Clarington Official Plans. Greater density is required on this site to meet the objectives of the Provincial Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and the Clarington Official Plan and to help build the business case and demonstrate Council’s commitment to bring all day GO train service to Bowmanville as soon as possible. Of all locations in Clarington, the Bowmanville West Urban Centre is the area most suited for the highest levels of density in the Municipality, being the predominant centre for commercial, residential and other activity. The lands are within the Built Boundary and have been identified as a Priority Intensification Area. The Municipality is currently undertaking a review of the Bowmanville West Urban Centre Secondary Plan to bring it into conformity with the upper level plans. 1. Application Details 1.1 Owner/Applicant: MODO Bowmanville Towns Ltd. (Kaitlin Corporation). 1.2 Proposal: To rezone the lands from the existing Agricultural (A) zone to appropriate zones to permit a proposed site plan containing 42 dual frontage townhouses, 60 back-to-back townhouses and one conventional townhouse, (total 103 units). 1.3 Proposed Density 43 units per hectare 1.4 Area: 2.4 hectares 1.5 Location: 1535 Green Road, located on the east side of Green Road, south of the future extension of Clarington Boulevard, Bowmanville (Part of Lot 16, Concession 1, Former Township of Darlington) 1.6 Roll Number: 1817 010 020 16800 1.7 Within Built Boundary: Yes 211 Municipality of Clarington Report PSD-024-18 Page 3 2. Background 2.1 The subject application was deemed complete on May 9, 2016. A Public Information Centre was held on May 25, 2016, and Public Meetings were held June 6, 2016 and March 13, 2017. The current site plan proposal is shown on Figure 1. 2.2 The subject lands are a block within a draft plan of subdivision that was approved on April 25, 2017. This plan of subdivision provided for the extension of Clarington Boulevard from its current terminus to connect with Green Road. 2.3 A site plan application on the subject side was submitted on October 14, 2016. It has been through two submissions. The proposed site plan provides for 5.5 metre wide dual frontage townhouses along the street edges and 6.5 metre back-to-back townhouses in the interior. The most significant concern raised by staff has been the need for more varied built form and higher net density on site. Figure 1: Conceptual Site Plan for MODO South 212 Municipality of Clarington Report PSD-024-18 Page 4 2.4 A number of studies were submitted and circulated for comments. A summary of these reports is included in Section 7 of this report: • Urban Design Brief • Functional Servicing Report • Traffic Impact Study • Noise and Vibration Feasibility Study • Energy Conservation and Sustainability Plan • Phase I Environmental Site Assessment • Archaeological Assessment 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are relatively flat and are vacant. The dwelling and buildings were demolished in 2016. No significant environmental features are present on or near the site. 3.2 The surrounding uses (Figure 2) are as follows: North - Proposed medium density townhouse development. South CP Railway; existing low-rise apartment buildings along Aspen Spring Drive. East - Vacant lands subject to future High Density development applications. West - Municipal park and existing single detached residential dwellings. 3.3 The future GO Rail station for Bowmanville is located approximately 350 metres east of the subject site. 213 Municipality of Clarington Report PSD-024-18 Page 5 Figure 2: Subject lands and surrounding area Figure 3: View of Subject Site from Green Road Park on west side of Green Road 214 Municipality of Clarington Report PSD-024-18 Page 6 3.4 Kaitlin has other development applications in process in the general area: Modo North A project on the north side of Clarington Boulevard known as MODO North, which is partially zoned and would have 112 townhouses; Figure 4: Conventional Townhouses proposed for MODO North Figure 5: Dual Frontage Townhouses proposed for MODO North 51 and 55 Clarington A project abutting to the east known as 51 and 55 Clarington Boulevard, which is for 434 condominium apartment units in two 12 storey buildings. 215 Municipality of Clarington Report PSD-024-18 Page 7 Figure 6: Proposal for 55 Clarington Boulevard, east of the subject site MODO Urban Towns and Apartments A project known as MODO Urban Towns and Apartments on Brookhill Boulevard which is north of the SmartREIT facility containing Walmart and Canadian Tire. It is proposing a mixture of low rise apartments, containing 186 units and 127 townhouses. Figure 7: Dual Frontage Townhouses proposed along Brookhill Boulevard 216 Municipality of Clarington Report PSD-024-18 Page 8 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. 4.2 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 area residents. 4.3 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 4.4 The subject lands are located within the defined Built Boundary of Bowmanville. 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. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built up area. 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. 4.6 The Growth Plan provides for higher density targets along transit corridors and around transit stations, including the subway network, light rail lines, bus rapid transit routes and the GO Transit network. 4.7 Major transit station areas on priority transit corridors will be planned in a transit- supportive manner that maximizes the size of the area and the number of potential transit users that are within walking distance of the station. A major transit station area is generally defined as the area within approximately 500 metre radius of a transit station, representing about a 10 minute walk. 4.8 Major transit station areas will be planned for a minimum density target of 150 residents and jobs combined per hectare for those that are served by the GO Transit rail network. 4.9 Within major transit station areas on priority transit corridors, land uses and built form that would adversely affect the achievement of the minimum density targets in the Growth Plan will be prohibited. 217 Municipality of Clarington Report PSD-024-18 Page 9 4.10 Decisions on transit planning and investment will be made based on many factors including the following: • Prioritizing areas with existing or planned higher residential or employment densities to optimize return on investment and the efficiency and viability of existing and planned transit service levels; • Increasing the capacity of existing transit systems to support strategic growth areas; and • Expanding transit service to areas that have achieved, or will be planned to achieve, transit-supportive densities and provide a mix of residential, office, institutional and commercial development. 4.11 The application does not conform to the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1. The subject lands are within a Regional Centre. Regional Centres provide a full array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office uses. Regional Centres function as places of symbolic and physical interest for the residents, and shall provide identity to the area municipalities within which they are located. 5.2 Regional Centres shall support an overall, long-term density target of at least 75 residential units per gross hectare and a floor space index of 2.5. Gross densities are measured over the entire Secondary Plan area. 5.3 Development in Regional Centres shall be based on the following principles: • Compact urban form which is transit-supportive; • Provides a mix of uses and opportunities for intensification; • Follows good urban design principles with focus on public spaces and pedestrian connections, with parking to the rear or within buildings; and • Enhances grid connections for pedestrians and cyclists. 5.4 The Bowmanville Regional Centre is designated as a Transportation Hub. A Transportation Hub is a major destination which will provide transfers between different modes of transit service. Development within approximately 500 metre radius or 10 minute walk should be mixed use or at higher density to support future transit services. 5.5 Green Road is identified as a Type B Arterial Road. As the site is adjacent to an arterial road and the railway, noise and vibration impacts must be mitigated in accordance with Ministry of Environment guidelines. 218 Municipality of Clarington Report PSD-024-18 Page 10 5.6 The subject lands are within the Built Boundary. On an annual basis, urban areas across the Region shall be planned to accommodate a minimum 40 percent of all residential development occurring annually through intensification within built-up areas. The target for Clarington is 32 percent presently. Regional Centres and Transportation Hubs are to be a key focus of intensification. 5.7 The subject proposal does not conform to the policies of the Durham Regional Official Plan. Clarington Official Plan 5.8 The Clarington Official Plan designates the subject lands Urban Centre. Urban Centres shall be comprehensively developed to provide residential and/or mixed use developments in order to achieve higher densities, transit-oriented development and reinforce the objective of having a diverse mix of land uses. Urban Centres will be planned and developed as a centre of regional significance providing the highest level of retail and service uses and are the primary focal point of cultural, community, recreational and institutional uses in Clarington. Bowmanville has the predominant Urban Centres in Clarington. 5.9 The Bowmanville GO Rail Station is identified as a Transportation Hub. The lands around it are to develop as a mixed use, higher density place. The Clarington Official Plan requires Transportation Hubs areas to be developed at a minimum net density of 200 units per ha. The Official Plan states that the Municipality will work in partnership with the Province and the Region to provide a transit-supportive environment including directing density to Transportation Hubs, the Regional Transit Spine and Regional and Local Corridors. 5.10 Core objectives of the Official Plan are to encourage transit-supportive, mixed use and compact urban form in Priority Intensification Areas, which the subject lands are a part of. Available and planned public infrastructure should be used efficiently. Lands within the broader Urban Centre are to develop to a minimum net density of 120 units per hectare. Mixed-use and apartment buildings are to be the predominant housing form, ranging in height from 4 to 12 storeys. 5.11 The lands are located within the Built Boundary. The Municipality has an intensification target of at least 32% of all new residential units within the Built-up Area up to the year 2021, increasing to 40% thereafter to the year 2031. For Bowmanville, this means 4,150 new intensification units by the year 2031. The Bowmanville Urban Centres are identified as Priority Intensification Areas. 5.12 The Bowmanville West Urban Centre has a housing target by 2031 of approximately 3,000 units, including approximately 2,560 high density and 480 medium density units. 5.13 The development must satisfy the Official Plan’s comprehensive Urban Design policies that encourage a high quality public realm, and give priority to sustainable design, including environment-first principles, walkability, land efficiency, compact and connected communities and resource and energy efficiency. Attractive and safe 219 Municipality of Clarington Report PSD-024-18 Page 11 communities are encouraged to create a sense of place and a diversity of built form. The built form should facilitate active transportation and public transit. 5.14 The Municipality is in the process of updating the Secondary Plans to bring them into conformity with this Plan. Where there is a conflict or inconsistency with the Official Plan, the Secondary Plan will prevail, unless the conflict is associated with the density and intensification policies of the Official Plan, in which case the Official Plan shall prevail. The proposal does not conform to the Official Plan. Bowmanville West Town Centre Secondary Plan 5.15 The subject lands are designated as Medium Density Residential in the Bowmanville West Town Centre Secondary Plan. This designation allows for residential development having a density between 31 and 60 units per hectare. The subject application is at 43 units per hectare. Permitted dwelling types include townhouses, stacked townhouses, and low rise apartment buildings not exceeding three storeys in height. This designation is not consistent with the Official Plan which calls for a minimum net density of 120 units per hectare in Urban Centres and 200 units per hectare in Transportation Hubs. 5.16 In addition to the urban design and Urban Centre policies of the Official Plan that give direction to site design, the Bowmanville West Town Centre Secondary Plan contains detailed urban design policies, including Urban Design Guidelines, and policies specific to residential buildings and site layout. 5.17 The Municipality is in the process of updating the Secondary Plans to bring them into conformity with the Official Plan. The subject application conforms to the current Bowmanville West Town Centre Secondary Plan, but it is in conflict and inconsistent with the Official Plan regarding densities and intensification. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. A rezoning is required to place the lands in an appropriate residential zone. Zoning By-Law amendments must conform to Provincial policy, as well as the Regional and Clarington Official Plan policies. 7. Summary of Background Studies Urban Design Brief 7.1 An Urban Design Brief was submitted June 12, 2017 in support of the rezoning and site plan applications for subject lands. An Urban Design Brief had previously been submitted covering lands both north and south of Clarington Boulevard, however it was not satisfactory concerning lands south of the future extension of Clarington Boulevard. The re-submitted Urban Design Brief is not satisfactory as it does not adequately address relevant policies of the 2017 Growth Plan and the policies of the Clarington Official Plan. 220 Municipality of Clarington Report PSD-024-18 Page 12 Functional Servicing Report 7.2 The Functional Servicing Report submitted with the application was deemed acceptable by Engineering Services and CLOCA. New development would connect to existing services available in the vicinity of the site. Existing services were previously sized to accommodate development of these lands, including the Aspen Springs stormwater management pond. Traffic Impact Study 7.3 The Traffic Impact Study assessed current and future traffic conditions and modelled the proposed developments (north and south sides of Clarington Boulevard) together with the completion of Clarington Boulevard. The study did not find any capacity or design issues to be addressed as a result of the proposed development. Noise and Vibration Feasibility Study 7.4 The Noise and Vibration Feasibility Study assesses both road and railway noise in accordance with Ministry of Environment and Climate Change (MOECC) guidelines. To mitigate noise impacts from road and rail traffic, certain units require central air conditioning, upgraded building and glazing constructions and possibly an acoustical fence and/or berm. The study finds that vibration levels are below the Canadian Pacific (CP) Railway and MOECC Guidelines, and vibration mitigation measures are not required. Energy Conservation and Sustainability Plan 7.5 The Energy Conservation and Sustainability Plan submitted with the applications provides a high level summary of sustainable development features of the development. Additional details are required to fully satisfy the policies of the Clarington Official Plan and Bowmanville West Town Centre Secondary Plan. Archaeological Assessment 7.6 A Stage 1 and 2 Archaeological Assessment was completed for the subject lands. The assessment did not identify any archaeological resources or sites requiring further assessment and no further study is required. Phase I Environmental Site Assessment 7.7 The Phase One Environmental Site Assessment does not identify any potential for environmental issues and no further study is required. 221 Municipality of Clarington Report PSD-024-18 Page 13 8. Public Submissions 8.1 A Public Information Centre for both the MODO North and MODO South developments was held May 25, 2016 at the Holy Family Elementary School on Aspen Springs Drive in Bowmanville. Two Public Meetings were held for the same applications, the first being June 6, 2016 and the second being March 13, 2017. At the Public Meeting held on June 6, 2016, three residents spoke in opposition and one resident raised concerns with the application. At the Public Meeting held on March 13, 2017, one resident spoke in opposition to the applications. 8.2 During the public process, concerns raised related to: • Traffic, construction traffic, and intersection improvements; • Density, height and design of units; • Phasing of development; • Impacts to remaining property at southeast corner of Green Road and Prince William Boulevard; • Privacy and overlook from terraces; • Protection and preservation of mature trees on Green Road. 9. Agency Comments Regional Municipality of Durham 9.1 Regional Planning confirms that the lands are within a Regional Centre with a gross density target of 75 units per hectare and a target floor space index of 2.5. No concerns were raised from a servicing or transportation perspective. Conservation Authorities 9.2 Central Lake Ontario Conservation Authority has no objection to the proposed rezoning. CP Railway 9.3 CP Railway has no objections to the application. Kawartha Pine Ridge District School Board 9.4 Kawartha Pine Ridge District School Board has no objections. Students would attend Ross Tilley Public School and Clarington Central Secondary School. Other Agencies 9.5 Canada Post, Rogers and Enbridge have no objections to the application. 222 Municipality of Clarington Report PSD-024-18 Page 14 10. Departmental Comments Engineering Services 10.1 No objection to the proposed rezoning. It is noted that the applicant will be required to pay the Municipality for the storm water sewer stub off Green Road. Emergency and Fire Services 10.2 No concerns with the proposed rezoning. Operations Department 10.3 No objection to the proposed rezoning. 11. Discussion The site is within the predominant urban Centre of Clarington 11.1 The Bowmanville Urban Centres are predominant urban centre in Clarington. The Bowmanville East Urban Centre contains the historic downtown and major institutional facilities like the Municipal Administration Centre and the Lakeridge Health Bowmanville hospital. The Bowmanville West Urban Centre is planned to contain the highest concentration of retail, commercial, residential, recreational, and cultural uses. If there is anywhere in Clarington where higher density and mixed use development should be located to support the planned urban structure, it is within the Bowmanville West Urban Centre. The site is in close proximity to the future Bowmanville GO Rail station, a recognized Transit Hub 11.2 The Province’s greater involvement in planning in recent years has been in part to provide better coordination of land use and transportation infrastructure planning. Developing Transportation Hubs of various sizes and magnitude is an important component of planning the Greater Toronto and Hamilton Area (GTAH) and Durham Region. 11.3 The future terminal station for the Lakeshore East rail line in Bowmanville will be one such Hub. Unlike many other GO Stations which are located away from Urban Centres, the extension of GO Rail Service to Bowmanville will service the urban centres of Oshawa and Bowmanville. The subject lands are within a 10 minute walk of the future Bowmanville station and therefore part of the Bowmanville Transportation Hub. 223 Municipality of Clarington Report PSD-024-18 Page 15 Planning for higher densities around transit hubs is considered a key component needed to support higher levels of GO Rail transit service 11.4 The current provincial commitment for GO Rail service is only for peak hour service as of 2024. That is simply just four round trips a day: four departures in the morning and four return trips in the evening. The Municipality’s government relations efforts have first focused on getting a commitment to build the extension and it is now to ensure the commitment is executed. Current and future government relations effort will focus on getting all day service to Bowmanville and eventually incorporation into the full Regional Express Rail (RER) network with frequent service. 11.5 In the recent Metrolinx draft Regional Transportation Master Plan, it notes: “Where and how transit stations are developed is a key to establishing an integrated transportation system in the GTAH. In our polycentric region, transit stations link up people with jobs, schools, work and amenities. Achieving enough density around stations is necessary to ensure that there is a significant two-way ridership on RER”. 11.6 The Municipality’s efforts to focus growth around Transportation Hubs helps to build the business case for improving levels of transit service over time. The Municipality’s Official Plan states that the Municipality will “direct higher density development and economic activity around transportation hubs…”(19.4.4). To move from peak hour service, to all day service and eventually frequent service will only be accomplished if the Municipality does what it can to ensure that land use supports the infrastructure and service. 11.7 Current provincial policies are recommending a minimum density of 150 residents and jobs per gross hectare around major transit stations on the GO Rail network. The Regional Official Plan has a target of 75 units per gross hectare in Regional Centres and supports higher densities in Transportation Hubs. Gross density calculations include roads, parks, stormwater ponds, transit infrastructure, etc. so on a net basis, the density requirements is considerably higher. Combine the “take outs” noted above from the area-wide density calculation together with consideration of existing lower density development that will not easily redevelop, such as the single detached homes and low rise apartments on Aspen Springs Drive, then it will take considerable effort to meet the minimum gross density requirements around the station site. The Clarington Official Plan requires a minimum of 200 units per net hectare in the Transportation Hub area for new development sites in the Transportation Hub. 11.8 The MODO South application has the lowest net density of all Kaitlin projects in the Bowmanville West Urban Centre even though sites along Brookhill Boulevard are much further away, closer to 1,000 metres from the train station. To make up for the lower density on the MODO blocks, Kaitlin has proposed that their lands on the east end of the Bowmanville West Urban Centre be developed with 25 storey buildings and a floor space index of 4.5. Their submission to the Official Plan Review on this matter is contained in Attachment 1. 224 Municipality of Clarington Report PSD-024-18 Page 16 11.9 While there may be some validity to higher density near Regional Road 57, the preliminary proposal has not been reviewed and it is very much out of scale with existing plans for the Bowmanville West Urban Centre. The viability and desirability will be considered in the Secondary Plan update. It would be better to have greater consistency across the Transportation Hub area rather than such a dramatic change in heights and densities to account for lower density on the MODO sites. Planning Policies for the Bowmanville West Town Centre are under review 11.10 Although the subject lands are currently designated Medium Density in the Bowmanville West Urban Centre Secondary Plan, the Municipality is commencing a planning exercise to bring the Secondary Plan into conformity with the Provincial Plans, the Regional Official Plan and the Clarington Official Plan. 11.11 Council has authorized the study to update the Bowmanville West and the Bowmanville East Urban Centre Secondary Plans. Consultant selection is underway. The contract was awarded by the General Government Committee on March 5th, to be confirmed by Council on March 19th.The study will commence shortly. Figure 8: Bowmanville West Urban Centre Study Area 11.12 Approval of the subject application on a significant site in close proximity to the GO Rail Station will frustrate the opportunities to be explored through the Municipality’s Secondary Plan Update. 225 Municipality of Clarington Report PSD-024-18 Page 17 The site is well suited for higher densities in relation to surrounding land uses 11.13 From a compatibility perspective, the greater part the site is not immediately abutting low density residential areas. To the north will be medium density townhouses (MODO North), to the east are proposed 12 storey apartments; to the south is the CP and future GO Transit railway lines and beyond are three storey apartment buildings, and to the west across Green Road, is a park. There are some single detached homes at the corner of Boswell Avenue and Green Road. Much greater densities can be built on site incorporating a transition with lower heights towards Green Road. Numerous opportunities for townhouse development in Bowmanville 11.14 From a housing diversity and supply perspective, there are numerous opportunities for townhouse development throughout Bowmanville whereas there are very limited locations where the highest densities in Clarington are permitted. The proposed development of a MODO South townhouse block is the type of development that could occur in most residential neighbourhoods. Indeed Kaitlin has developed a similar block on McBride Avenue west of Green Road. Kaitlin is proposing traditional, dual frontage, stacked and back-to-back townhouses on other sites, specifically: • 127 townhouse units on the south side of Brookhill Boulevard west of Green Road; • 343 townhouse units in the Lakebreeze development in Port Darlington; • A townhouse block (undetermined number of units) called Aspen Gardens at Baseline and Green Road; • An undetermined number of units at 2020 Lambs Road (Camp 30 site); and • An undetermined number of units in Soper West neighbourhood In addition to Kaitlin’s sites, many other developers have townhouse blocks in process. 11.15 There are other areas where this form of development and type of housing could be integrated successfully. However, within the framework of the Provincial, Regional and Clarington Plans, higher densities are most appropriate around the Bowmanville GO Transportation Hub and Bowmanville West Town Centre. Why is this block different from MODO North? 11.16 Ideally MODO North and even the low rise apartment units along Aspen Springs Drive should have been planned at higher densities given its proximity to the Transportation Hub and location in the Bowmanville West Urban Centre. 11.17 The zoning approval of the MODO North parcel (Block 1 as identified in Report PSD- 025-18) was approved by Council on April 17, 2017 prior to the Region’s approval of the Official Plan. The current applications by WED Investments and Devon Daniell are smaller parcels entirely dependent on the original MODO North parcel for vehicular access. They complete the original development concept previously approved on the MODO North parcel. 226 Municipality of Clarington Report PSD-024-18 Page 18 11.18 In the transition to the new policies of the Clarington Official Plan to implement the Provincial and Regional Plans, staff sought to work with Kaitlin to achieve: • greater densities and apartment units on the MODO South site; • allow some of the lands designated “Medium Density” to be developed for higher densities (part of the 51 Clarington Boulevard application); and • allow the balance of lands related to the MODO North site be completed as originally conceived. Transition to surrounding neighbouring areas across Green Road 11.19 The subject block can be designed with much higher densities facilitated with underground parking that is appropriate for the Transportation Hub Area while still having consideration for the areas to the west through stepping down height across the site. As noted above, in many ways the site is ideally suited for mid-rise development having consideration for existing and future land uses. The proposed development is not good planning 11.20 The primary concern with this important development site is the question of density in Clarington’s primary Urban Centre and in proximity to the future GO Train station site. The proposed townhouse development on the MODO South site at 43 units per net hectare will be an impediment on achieving desirable densities for the area. The Transportation Hub density should not be achieved by averaging out with 25 storey buildings at approximately 500 units per hectare on other Kaitlin sites within the Urban Centre as proposed in their submission on the Clarington Official Plan. Given the existing development around the site are single detached and lower rise apartment condominiums built in Aspen Springs, there are limited opportunities increasing area wide densities to meet the Transportation Hub targets. 11.21 The Clarington Official Plan as amended by OPA 107 included a provision that indicated that in the event of a conflict between the Secondary Plan and the Official Plan with respect to density and intensification, the provisions of the Official Plan took precedence. This policy was included and approved by the Region, recognizing the urgency to ensure that the time it would take to update Secondary Plan would not be an impediment to implementing the Regional Official Plan and the Provincial Growth Plan. 11.22 It is recognized that townhouses are very marketable and that higher density apartments may take longer to build. As noted above, there are many other opportunities for townhouse development in Bowmanville. However the provincial infrastructure investment in GO Rail service is a significant long term investment. The Municipality needs to plan for the long term development and redevelopment of the Bowmanville West Urban Centre, including both residential and commercial lands. 227 Municipality of Clarington Report PSD-024-18 Page 19 11.23 The Municipality has aligned is fiscal planning around the important goal of achieving higher densities around the future GO Station. In this regard, the Municipality enacted a development charge exemption of 50 percent of the eligible development charges for masonry clad buildings 6 stories or greater for the Bowmanville West Urban Centre. 11.24 It is understood that higher density development is harder to develop in this part of the GTA. The availability of rental housing in Clarington, whether purpose built or the result of renting condominium units, is very low. The current vacancy rate for rental apartments in Clarington is 0.4 %. Anything below 3% is considered low and as such does not afford much choice in rental accommodation and contributes to pressure on rental rates. Increasing the number of rental units or potential rental units in an area that is planned and primed for higher densities will help to alleviate this problem. 11.25 Townhouse units are generally not accessible to persons with mobility challenges. By their nature, apartments are one of the few housing forms that can be readily used to people with mobility challenges. Being located in the Urban Centre is a benefit with persons with mobility issues due to the close proximity of many services and amenities. 12. Concurrence Not Applicable. 13. Conclusion 13.1 The policy framework for the lands surrounding the future GO Train station in Bowmanville have been in flux in recent years with the adoption of Regional Official Plan Amendment 128, Clarington Official Plan Amendment 107 and changes to the Growth Plan that requires all decisions of Council after July 1, 2017 to conform to the provincial direction. 13.2 The requested zoning for the subject lands does not implement the policies of the 2017 Growth Plan, the Regional Official Plan or the Clarington Official Plan to develop a transportation hub with higher density mixed-use development within the walking distance of the future terminal GO Rail station. In consideration of all comments and issues raised in this report, it is respectfully recommended that the rezoning application to permit 103 townhouses on Block 2 of Plan 40M-2601 be denied. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 228 Municipality of Clarington Report PSD-024-18 Page 20 Submitted by: Reviewed by: for CAO David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Anne Taylor Scott, 905-623-3379 ext. 2424 or ataylorscott@clarington.net Attachment: Attachment 1: Letter from Kaitlin Corporation, dated September 23, 2016 ATS/CP/tg/nl I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2016\ZBA2016-0010 MODO\Staff Report\Block 2 - Jan, 2018\PSD-024-18.docx The following is a list of the interested parties to be notified of Council’s decision: Enzo Bertucci Jonathan and Jessie Stagg Sam & Corinne Marmara Valiant Rental Inc. Karen Muir Justine Verkuyl Jayne Daniel Elizabeth Nesbitt Bill & Marg Todd Ari Yapa Rob & Amy Wilson Pauline Cuccio Edith Roy Andy Brown Henry Wildeboer Chris Snow 229 mKAITLIN CORPORATION September 23, 2016 Mr. David Crome, Director of Planning Services The Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LlC 3A6 Dear Sir Re: Municipality of Clarington -Official Plan Amendment Request for Consideration -Urban Centre Please accept this letter along with plans and image attachments for your consideration of Clarington' s Official Plan Amendment. In review of the Town's Draft Official Plan 2016 document, we see that under Table 4-2 and specifically the Urban Centres section the following applies: Minimum Gross Standard General Locational Densit.J!. {Units Minimum and Predominant Residential Built Form and Criteria Per Gross Maximum Mix Hectare) Hei2ht (storevs) Mid Rise: 4-6 storeys ( 40%) 7 5 and a target High Rise: 7-12 storeys (60%) Urban Centres floor s12ace index 4-12 of2.5 Includes: Mixed use buildings, a12artments We would like to implement the following changes in red bold for our Sites in our West Bowmanville Corporate Centre: Minimum Gross General Locational Densit.J!. {Units Criteria Per Gross Hectare) 7 5 and a target Urban Centres floor s12ace index of4.5 Standard Minimum and Maximum Hei!!ht (storevs) 4 -25 Predominant Residential Built Form and Mix Mid Rise: 4-6 storeys High Rise: 7-25 storeys Includes: Mixed use buildings, a12artments Should you require further discussion or information regarding this matter, please do not hesitate to contact the undersigned. Yours very truly, Enzo Bertucci Director, Land Development 28 Sandiford Drive, Suite 201, Stouffville, ON L4A 1 L8 T905-642-7050 F905-642-8820 E info@kaitlincorp.com KaitlinCorp.com WS-87 Attachment 1 to Report PSD-024-18Municipality of Clarington 230 t --- �L3 �� � - � � WEST TOWN CENTRE BOUNDARY MEDIUM DENSITY RESIDENTIAL LOW RISE HIGH DENSITY RESIDENTIAL MID RISE HIGH DENSITY RESIDENTIAL STREET-RELATED COMMERCIAL OFFICE COMMERCIAL GENERAL COMMERCIAL COMMUNITY FACILITY D COMMUNITY PARK NEIGHBOURHOOD PARK ENVIRONMENTAL PROTECTION AREA FUTURE GO STATION SITE e e e e e e PEDESTRIAN WALKWAY *CONTAMINATED SITE H1�t.J. tet�(�,'X\:b 1.)$6 �u::yNc,.�Hl,l(S) MAPA LAND USE BOWMANVI LLE WEST TOWN CENTRE SECONDARY PLAN FEBRUARY, 2014 I THIS CONSOLIDATION IS PROVIDED FOR CONVENIENCE ONLY 231 RESIDENTIAL CONDO DEVELOPMENTS PRECEDENT IMAGES 232 RESIDENTIAL WALK-UP GARDEN APARMENTS PRECEDENT IMAGES 233 RESIDENTIAL URBAN INFILL PROJECT PRECEDENT IMAGES 234 RESIDENTIAL CONDO DEVELOPMENTS PRECEDENT IMAGES 235 236 237 238 239 240 241 242 243 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: April 3, 2018 Report Number: PSD-027-18 Resolution: File Number: PLN 20.5 By-law Number: Report Subject: Amendment to Application Fees By-law Planning and Development Applications Recommendations: 1.That Report PSD-027-18 be received; 2.That the Fee By-law Amendment contained in Attachment 1 to Report PSD-027-18 be adopted; and 3.That all interested parties listed in Report PSD-027-18 and any delegations be advised of Council's decision. 244 Municipality of Clarington Report PSD-027-18 Page 2 1. Background 1.1 Section 69 of the Planning Act allows a Municipality to pass a by-law setting out a fee schedule for processing of planning applications. The fees collected are intended to recover the “anticipated cost” to the Municipality for processing development applications. Under the current fee schedule Clarington does not fully recover the cost of processing applications when direct and indirect costs, including overhead, pre-consultation meetings, and circulation of revised submissions are included. Report Overview This report recommends an update to Clarington’s planning application fees. Our review of planning application fees for the Durham Region lakeshore municipalities concluded Clarington’s application fees are generally lower when compared with the other Durham Region lakeshore municipalities. The majority of the application fees are proposed to be increased by approximately 3%. Select fees that are significantly lower are proposed to increase more substantially. The increase will place Clarington’s application fees at the average or slightly lower than the average when compared to Durham Region lakeshore municipalities. Minor changes to how fees are collected have been proposed. Application fee increases were contemplated in establishing the 2018 Planning Services Department budget. 245 Municipality of Clarington Report PSD-027-18 Page 3 2. Revisions to Application Fees 2.1 The majority of the planning application fees have been increased modestly. Applications including Zoning By-law Amendments, Official Plan Amendments and Residential Subdivision are increasing by larger amounts. The proposed increases generally better represent the amount of total municipal staff time spent reviewing and processing specific applications as submission requirements have become more complicated. 2.2 The Zoning By-law Amendment fee is recommended to rise substantially over a three year period. At the present time, minor rezoning applications cost $4,330 whereas the average fees in the Durham lakeshore municipalities is $8,920. It is proposed that Clarington’s minor rezoning fees increase to $6,000 for 2018 and rise to $8,000 by 2020. A similar stepped approach is proposed for major rezoning application fees. This approach will prevent a sharp increase in fees for local business owners who may be in the planning stages of projects. 2.4 A new combined Official Plan and Zoning By-law Amendment application fee is proposed. Typically, when an Official Plan Amendment is received it is accompanied by a Zoning By-law Amendment. When processed simultaneously there are efficiencies in the process as circulations and comments are reviewed at the same time. The new combined fee will offer a reduction in the Zoning By-law Amendment fee by 50% of the normal fee. 2.5 Subdivision applications have a base fee and a per unit fee. The base fee for Residential Subdivision applications are proposed to increase. Subdivision applications consume a large amount of staff time due to their technical nature and the studies required to support the applications. The per unit fee for apartments and townhouse blocks will now be collected as a fee per block. The blocks are subject to future site plan approvals where the number of units are reviewed and appropriate fees applied. 2.6 Site Plan Approval fees are proposed to increase. The base Industrial Site Plan Approval fee is proposed to increase from $1,410 to $3,000. The proposed fee will remain less than 50% of the average cost of the other lakeshore municipalities. This fee did not increase significantly in 2014 when the by-law was updated. The fee will remain significantly lower than the fees observed throughout Durham Region. 2.7 Commercial and residential site plan fees are proposed to receive modest increases to the base fees with the per unit fee for residential increasing slightly. 2.8 A new fee for pre-consultation meetings is proposed. Clarington receives a large number of requests for pre-consultation meetings. These meetings require a significant amount of staff time. Some pre-consultations do not lead to applications or require additional meetings based on substantial revisions from the initial meeting. The fee, $200, will not recover the cost of staff time for the meeting but is being proposed as part of a process to 246 Municipality of Clarington Report PSD-027-18 Page 4 encourage applicants provide more refined proposals. The goal is to have more detailed proposals that staff and agencies can provide better comments on and result in fewer repeat meetings. If the pre-consultation leads to an application, the $200 will be applied to the future application fees. 2.9 The fee will increase gradually each year over the next four years, by 3% annually except where noted (see Draft By-laws, Attachment 1). The fees have been rounded up or down to the nearest ten dollars. 3. Consultation 3.1 Letters were sent to BILD and the Durham Region Home Builders Association on February 12, 2018 notifying them that the Planning Services Department was undertaking a review and advising them of the proposed fees. Staff followed up with phone calls in early March to ensure the letters were received. 3.2 Durham Region Home Builders Association indicated that while they do not endorse fee increases they have reviewed the proposed fees and believe they are reasonable increases. They provided no objection to the proposed increases. 3.3 At the time of finalizing this report staff have not received any correspondence from BILD. 4. Concurrence The Municipal Solicitor has reviewed the relevant fees affecting agreements and concurs with the proposed fee increases. 5. Conclusion The proposed fees increase for planning applications will be in line with the average or be lower than other Durham lakeshore municipalities in most instances. The proposed fees increase will cover increasing municipal costs (staff time, overhead etc.) while not becoming a barrier to invest or do business in Clarington. Application fees increase were contemplated in setting the 2018 Planning Services Department budget. It is respectfully recommended that By-law 2010-142 regarding payment of fees for information and services provided by the Municipality of Clarington be amended as shown in Attachment 2 of this report. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 247 Municipality of Clarington Report PSD-027-18 Page 5 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, (905) 623-3379 ex. 2424 or bweiler@clarington.net Attachments: Attachment 1 - Fee By-law Amendment Attachment 2 – Comparison Chart and Staff Recommended Changes to the Fee By-law List of interested parties to be notified of Council's decision is on file in the Planning Services Department. Durham Region Home Builders Association BW/CP/aw I:\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 20 Municipal Finance\PLN 20.5 Fee By-Law\2017 Review\Staff Report\PSD-027-18.Docx 248 Municipality of Clarington Attachment 1 to Report PSD-027-18 Corporation of the Municipality Of Clarington By-Law No. 20_____ Being a By-law to amend Schedule A of the Fee By-law 2010-142 WHEREAS Section 69(1) of the Planning Act, R.S.O. 1990, C.P13, provides that By- laws may be passed by the Council of a Municipality to prescribe a tariff of fees for the processing of applications made in respect of planning matters (PLN 20.5); WHEREAS Section 391(1) of the Municipal Act provides for municipalities to impose fees or charges for services or activities provided or done by or on behalf of it; NOW THEREFORE BE IT ENACTED that the Council of the Corporation of the Municipality of Clarington enacts as follows: 1.Commencing July 1, 2018, the fees for services provided by the Municipality under By-law 2010-142 shall be amended by the following Schedules to this By-law: Schedule “A” – Planning Services and Legal Services Department BY-LAW passed in open session on this _____ day of _________________, 2018 _________________________ Adrian Foster, Mayor __________________________ Anne Greentree, Municipal Clerk 249 By-law 2010-142 Schedule “A” Planning Services/Legal Services Departments Fee Schedule July 1, 2018 to June 30, 2019 Type of Application Fee (Credit Cards are Not Accepted) Official Plan Amendment (note 7) Zoning By-law Amendment (note 7) Combined Official Plan and Zoning By-law Amendments (note 12) Draft Plan of Subdivision (note 7) Amendment (note 5) $1,13 Red Line Revisions to Draft Approval Plan of Subdivision (note 7) Major Revisions to Subdivision Applications Not Draft Approved (note 7) $14,000 + $300/unit and $500/block $7,000 + $300 /unit and $500/block Draft Plan of Condominium (note 7) $8,830.00 Site Plan Approval / Amendment (note 7) and $150 for each unit after the first floor area + $60/residential unit 250 Type of Application Fee (Credit Cards are Not Accepted) floor area + $60/residential unit m. of floor area, or 25 units or greater (0.5% of the landscape cost estimate Committee of Adjustment – Minor Variance (note 4 and 7) Sign Permit Sign By-law Apartment In House Land Use Information and Compliance Letter Land Division Peer Review ( Comments on Applications Under the Green Energy Act Other Application Requiring An Open House or Additional Public Meeting $1,750.00 (additional fee for each subsequent public meeting)) 251 Type of Application Fee (Credit Cards are Not Accepted) subsequent public meeting where notice is provided through the local Publications Real Property Transactions specifically addressed in this Fee Schedule; land transfers (e.g. right-of-ways, encroachments, leases and licensed, easements) the person requiring the agreement shall Note 1 The following are criteria for determining what constitutes a Major Official Plan Amendment application: - New golf courses or expansion to existing golf courses; - New waste facility or expansion to existing waste facility; - Commercial Development greater than 2,500 m2; - Deletion or addition of arterial or collector road; and/or - Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemed to be a major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application: - A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109; - A dog kennel, agricultural tourism use, and similarly-scaled uses; and/or - A minor alteration to an existing site plan to revise parking, add a patio, add a storage building, revise signage, add or delete portables, etc. Note 3 The following are criteria for determining what constitutes a major Zoning By-law Amendment application: - Associated with an Official Plan Amendment; - Associated with an application for proposed Plan of Subdivision; - Application involving multiple properties, except for commercial and industrial related applications; and/or - Any application that requires the review of technical support documents or studies (e.g. environmental analyses, transportation). 252 Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/link or townhouse dwelling is exempt from the fee. An “accessibility device” is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents (e.g. Transfers, Postponements, or inhibiting orders) in the Land Registry office. The cost of such registrations is as follows: - Initial registration $250.00 plus HST, plus disbursements - All subsequent registrations $125.00 plus HST, plus disbursements. Applicants must provide the Municipality (Legal Services) with all such costs prior to registration. Note 6 The following are criteria for determining what constitutes a minor application for red- line revisions to Draft Approval: - Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Act Applications, the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees at a rate of $180/hour and consultant/witness fees where required, but excluding the costs of the Planning Department staff. Note 9 For preparation of any development/servicing agreement other than a subdivision agreement, Section 41 agreement or a Section 53 agreement, the applicant is required to reimburse the Municipality for its legal costs. If the legal work is undertaken by the Municipal Solicitor, it will be charged at the rate of $180/hour. If the legal work is undertaken by other legal counsel, it will be charged at the legal counsel’s hourly rate. The minimum fee for any such agreement shall be $475.00 plus HST. Note 10 The base fee only shall be applicable for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. Note 11 This Schedule “A” shall remain in effect from July 1, 2017 until June 30, 2018. In the event that a fees review is not undertaken before that date fees will be increased annually by 3%, commencing on July 1, 2018. Note 12 Where Official Plan and Zoning By-law Amendments are submitted together a reduction of 50% of the Major Zoning By-law Amendment Fee shall apply. Note 13 The fee for a Mixed Use Building will apply when residential units are proposed and a minimum of 50% of the ground floor of a building is for non-residential purposes. Note 14 The preconsultation fee will be applied to a future application resulting from the preconsultation meeting. Note 15 Recirculation fees will be required on the 4th resubmission of application materials that require circulation to internal departments and/or external agencies. 253 By-law 2010-142 Schedule “A” Planning Services/Legal Services Departments Fee Schedule July 1, 2019 to June 30, 2020 Type of Application Fee (Credit Cards are Not Accepted) Official Plan Amendment (note 7) Zoning By-law Amendment (note 7) Combined Official Plan and Zoning By-law Amendments (note 12) Draft Plan of Subdivision (note 7) Red Line Revisions to Draft Approval Plan of Subdivision (note 7) Major Revisions to Subdivision Applications Not Draft Approved (note 7) $14,400 + $300/unit and $500/block $7,210 + $300 /unit and $500/block Draft Plan of Condominium (note 7) $9,100.00 Site Plan Approval / Amendment (note 7) and $150 for each unit after the first floor area + $60/residential unit 254 Type of Application Fee (Credit Cards are Not Accepted) floor area + $60/residential unit m. of floor area, or 25 units or greater (0.5% of the landscape cost estimate Committee of Adjustment – Minor Variance (note 4 and 7) Sign Permit Sign By-law Apartment In House Land Use Information and Compliance Letter Land Division Peer Review ( Comments on Applications Under the Green Energy Act Other Application Requiring An Open House or Additional Public Meeting $1,810.00 (additional fee for each subsequent public meeting)) subsequent public meeting where notice is provided through the local 255 Type of Application Fee (Credit Cards are Not Accepted) Publications Real Property Transactions specifically addressed in this Fee Schedule; land transfers (e.g. right-of-ways, encroachments, leases and licenced, easements) the person requiring the agreement shall Note 1 The following are criteria for determining what constitutes a Major Official Plan Amendment application: - New golf courses or expansion to existing golf courses; - New waste facility or expansion to existing waste facility; - Commercial Development greater than 2,500 m2; - Deletion or addition of arterial or collector road; and/or - Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemed to be a major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application: - A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109; - A dog kennel, agricultural tourism use, and similarly-scaled uses; and/or - A minor alteration to an existing site plan to revise parking, add a patio, add a storage building, revise signage, add or delete portables, etc. Note 3 The following are criteria for determining what constitutes a major Zoning By-law Amendment application: - Associated with an Official Plan Amendment; - Associated with an application for proposed Plan of Subdivision; - Application involving multiple properties, except for commercial and industrial related applications; and/or - Any application that requires the review of technical support documents or studies (e.g. environmental analyses, transportation). 256 Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/link or townhouse dwelling is exempt from the fee. An “accessibility device” is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents (e.g. Transfers, Postponements, or inhibiting orders) in the Land Registry office. The cost of such registrations is as follows: - Initial registration $250.00 plus HST, plus disbursements - All subsequent registrations $125.00 plus HST, plus disbursements. Applicants must provide the Municipality (Legal Services) with all such costs prior to registration. Note 6 The following are criteria for determining what constitutes a minor application for red- line revisions to Draft Approval: - Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Act Applications, the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees at a rate of $180/hour and consultant/witness fees where required, but excluding the costs of the Planning Department staff. Note 9 For preparation of any development/servicing agreement other than a subdivision agreement, Section 41 agreement or a Section 53 agreement, the applicant is required to reimburse the Municipality for its legal costs. If the legal work is undertaken by the Municipal Solicitor, it will be charged at the rate of $180/hour. If the legal work is undertaken by other legal counsel, it will be charged at the legal counsel’s hourly rate. The minimum fee for any such agreement shall be $475.00 plus HST. Note 10 The base fee only shall be applicable for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. Note 11 This Schedule “A” shall remain in effect from July 1, 2017 until June 30, 2018. In the event that a fees review is not undertaken before that date fees will be increased annually by 3%, commencing on July 1, 2018. Note 12 Where Official Plan and Zoning By-law Amendments are submitted together a reduction of 50% of the Major Zoning By-law Amendment Fee shall apply. Note 13 The fee for a Mixed Use Building will apply when residential units are proposed and a minimum of 50% of the ground floor of a building is for non-residential purposes. Note 14 The preconsultation fee will be applied to a future application resulting from the preconsultation meeting. Note 15 Recirculation fees will be required on the 4th resubmission of application materials that require circulation to internal departments and/or external agencies. 257 By-law 2010-142 Schedule “A” Planning Services/Legal Services Departments Fee Schedule July 1, 2020 to June 30, 2021 Type of Application Fee (Credit Cards are Not Accepted) Official Plan Amendment (note 7) Zoning By-law Amendment (note 7) Combined Official Plan and Zoning By-law Amendments (note 12) Draft Plan of Subdivision (note 7) Red Line Revisions to Draft Approval Plan of Subdivision (note 7) Major Revisions to Subdivision Applications Not Draft Approved (note 7) $14,840 + $300/unit and $500/block $7,430 + $300 /unit and $500/block Draft Plan of Condominium (note 7) $9,380.00 Site Plan Approval / Amendment (note 7) and $150 for each unit after the first floor area + $60/residential unit 258 Type of Application Fee (Credit Cards are Not Accepted) floor area + $60/residential unit m. of floor area, or 25 units or greater (0.5% of the landscape cost estimate Committee of Adjustment – Minor Variance (note 4 and 7) Sign Permit Sign By-law Apartment In House Land Use Information and Compliance Letter Land Division Peer Review ( Comments on Applications Under the Green Energy Act Other Application Requiring An Open House or Additional Public Meeting $1,870.00 (additional fee for each subsequent public meeting)) subsequent public meeting where notice is provided through the local 259 Type of Application Fee (Credit Cards are Not Accepted) Publications Real Property Transactions specifically addressed in this Fee Schedule; land transfers (e.g. right-of-ways, encroachments, leases and licenced, easements) the person requiring the agreement shall Note 1 The following are criteria for determining what constitutes a Major Official Plan Amendment application: - New golf courses or expansion to existing golf courses; - New waste facility or expansion to existing waste facility; - Commercial Development greater than 2,500 m2; - Deletion or addition of arterial or collector road; and/or - Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemed to be a major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application: - A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109; - A dog kennel, agricultural tourism use, and similarly-scaled uses; and/or - A minor alteration to an existing site plan to revise parking, add a patio, add a storage building, revise signage, add or delete portables, etc. Note 3 The following are criteria for determining what constitutes a major Zoning By-law Amendment application: - Associated with an Official Plan Amendment; - Associated with an application for proposed Plan of Subdivision; - Application involving multiple properties, except for commercial and industrial related applications; and/or - Any application that requires the review of technical support documents or studies (e.g. environmental analyses, transportation). 260 Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/link or townhouse dwelling is exempt from the fee. An “accessibility device” is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents (e.g. Transfers, Postponements, or inhibiting orders) in the Land Registry office. The cost of such registrations is as follows: - Initial registration $250.00 plus HST, plus disbursements - All subsequent registrations $125.00 plus HST, plus disbursements. Applicants must provide the Municipality (Legal Services) with all such costs prior to registration. Note 6 The following are criteria for determining what constitutes a minor application for red- line revisions to Draft Approval: - Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Act Applications, the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees at a rate of $180/hour and consultant/witness fees where required, but excluding the costs of the Planning Department staff. Note 9 For preparation of any development/servicing agreement other than a subdivision agreement, Section 41 agreement or a Section 53 agreement, the applicant is required to reimburse the Municipality for its legal costs. If the legal work is undertaken by the Municipal Solicitor, it will be charged at the rate of $180/hour. If the legal work is undertaken by other legal counsel, it will be charged at the legal counsel’s hourly rate. The minimum fee for any such agreement shall be $475.00 plus HST. Note 10 The base fee only shall be applicable for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. Note 11 This Schedule “A” shall remain in effect from July 1, 2017 until June 30, 2018. In the event that a fees review is not undertaken before that date fees will be increased annually by 3%, commencing on July 1, 2018. Note 12 Where Official Plan and Zoning By-law Amendments are submitted together a reduction of 50% of the Major Zoning By-law Amendment Fee shall apply. Note 13 The fee for a Mixed Use Building will apply when residential units are proposed and a minimum of 50% of the ground floor of a building is for non-residential purposes. Note 14 The preconsultation fee will be applied to a future application resulting from the preconsultation meeting. Note 15 Recirculation fees will be required on the 4th resubmission of application materials that require circulation to internal departments and/or external agencies. 261 By-law 2010-142 Schedule “A” Planning Services/Legal Services Departments Fee Schedule July 1, 2021 to June 30, 2022 Type of Application Fee (Credit Cards are Not Accepted) Official Plan Amendment (note 7) Zoning By-law Amendment (note 7) Combined Official Plan and Zoning By-law Amendments (note 12) Draft Plan of Subdivision (note 7) Red Line Revisions to Draft Approval Plan of Subdivision (note 7) Major Revisions to Subdivision Applications Not Draft Approved (note 7) $15,290 + $300/unit and $500/block $7,660 + $300 /unit and $500/block Draft Plan of Condominium (note 7) $9,670.00 Site Plan Approval / Amendment (note 7) and $150 for each unit after the first floor area + $60/residential unit 262 Type of Application Fee (Credit Cards are Not Accepted) floor area + $60/residential unit m. of floor area, or 25 units or greater (0.5% of the landscape cost estimate Committee of Adjustment – Minor Variance (note 4 and 7) Sign Permit Sign By-law Apartment In House Land Use Information and Compliance Letter Land Division Peer Review ( Comments on Applications Under the Green Energy Act Other Application Requiring An Open House or Additional Public Meeting $1,930.00 (additional fee for each subsequent public meeting)) subsequent public meeting where notice is provided through the local 263 Type of Application Fee (Credit Cards are Not Accepted) Publications Real Property Transactions specifically addressed in this Fee Schedule; land transfers (e.g. right-of-ways, encroachments, leases and licensed, easements) the person requiring the agreement shall Note 1 The following are criteria for determining what constitutes a Major Official Plan Amendment application: - New golf courses or expansion to existing golf courses; - New waste facility or expansion to existing waste facility; - Commercial Development greater than 2,500 m2; - Deletion or addition of arterial or collector road; and/or - Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemed to be a major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application: - A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109; - A dog kennel, agricultural tourism use, and similarly-scaled uses; and/or - A minor alteration to an existing site plan to revise parking, add a patio, add a storage building, revise signage, add or delete portables, etc. Note 3 The following are criteria for determining what constitutes a major Zoning By-law Amendment application: - Associated with an Official Plan Amendment; - Associated with an application for proposed Plan of Subdivision; - Application involving multiple properties, except for commercial and industrial related applications; and/or - Any application that requires the review of technical support documents or studies (e.g. environmental analyses, transportation). 264 Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/link or townhouse dwelling is exempt from the fee. An “accessibility device” is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents (e.g. Transfers, Postponements, or inhibiting orders) in the Land Registry office. The cost of such registrations is as follows: - Initial registration $250.00 plus HST, plus disbursements - All subsequent registrations $125.00 plus HST, plus disbursements. Applicants must provide the Municipality (Legal Services) with all such costs prior to registration. Note 6 The following are criteria for determining what constitutes a minor application for red- line revisions to Draft Approval: - Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Act Applications, the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees at a rate of $180/hour and consultant/witness fees where required, but excluding the costs of the Planning Department staff. Note 9 For preparation of any development/servicing agreement other than a subdivision agreement, Section 41 agreement or a Section 53 agreement, the applicant is required to reimburse the Municipality for its legal costs. If the legal work is undertaken by the Municipal Solicitor, it will be charged at the rate of $180/hour. If the legal work is undertaken by other legal counsel, it will be charged at the legal counsel’s hourly rate. The minimum fee for any such agreement shall be $475.00 plus HST. Note 10 The base fee only shall be applicable for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. Note 11 This Schedule “A” shall remain in effect from July 1, 2017 until June 30, 2018. In the event that a fees review is not undertaken before that date fees will be increased annually by 3%, commencing on July 1, 2018. Note 12 Where Official Plan and Zoning By-law Amendments are submitted together a reduction of 50% of the Major Zoning By-law Amendment Fee shall apply. Note 13 The fee for a Mixed Use Building will apply when residential units are proposed and a minimum of 50% of the ground floor of a building is for non-residential purposes. Note 14 The preconsultation fee will be applied to a future application resulting from the preconsultation meeting. Note 15 Recirculation fees will be required on the 4th resubmission of application materials that require circulation to internal departments and/or external agencies. 265 Attachment 2 to Municipality of Clarington Report PSD-027-18 2018 Clarington Proposed Fees Update Planning Applications Application Type Current Fees Average 2017 Fees for Durham Region Lakeshore Municipalities Recommended 2018 Fees Local Official Plan Amendment $10,830 $15,034 $15,000 $18,400 $27,115 $22,000 Quarry: $32,470 N/A $33,200 application submitted $2,490 N/A Delete Amendment Review $2,710 $4,911 $2,770 $18,070 N/A Delete Plan Amendment or $4,330 N/A $5,000 Combined Applications for OP and Zoning Amendment (includes preparation of both By- laws) N/A N/A Minor 2018 2019 2020 Major 2018 2019 2020 Zoning By-law Amendment $4,330 $8,920 Minor 2018 2019 2020 Major 2018 2019 2020 $8,650 $15,110 266 2 Application Type Current Fees Fees for Durham Region Lakeshore Recommended 2018 Fees Zoning By-law Amendment Removal of $2,490 $2,636 Removal of Environmental Holding Symbol (Zoning By-law $650 N/A Delete Temporary Use By-law Covered through a minor Temporary Use By-law Extension Draft Plan of Subdivision Application $11,910 + $300/ unit ($60 for apartment unit) Base Residential $16,647 Residential $16,000 + $300/unit and $500/ block Non-residential: $6,490 Residential $11,809 $6,620 Preparation of Subdivision agreement $464.10 HST) $4,034.10 ($4,000 + $520 HST) $4,520 Preparation of Subdivision Agreement HST) $791 ($2,000 + 260 HST) $2,260 Revisions to a Subdivision Application (ie. Not draft approved, but requiring full recirculation) 1, 2000 $11,910 + $300/unit($60/ap artment) Filed between July 1, 2000 – Dec 31, 2006 $6,490 + $300/unit ($60/apartment Filed after Dec 31, 2006 $6,490 Filed prior to July 1, 2000 $14,000 + $300/unit + $500/block Filed between July 1, 2000 – December 31, 2006 $7,000 + $300/unit + $500/block Filed after December 31, 2006 $7,000 Extension of draft approval $2,540 267 3 Application Type Current Fees Fees for Durham Region Lakeshore Recommended 2018 Fees Extension of draft plan approval $2,490 Subdivision clearance $2,490 $2,274 $2,540 Revisions to a draft approved plan of subdivision (ie. Red line revision) $4,330 + 300 additional/unit ($60/apartment) Base – Minor $7,551 All revisions $8,830 + 300/unit +$500/block Major $8,650 + 300/unit ($60/apartment) Base – Major $9,151 Draft Plan of Condominium non-residential $5,950 Condominium Conversion Condominium agreement $464.10 HST) $4,034.10 Amendment ($700 + $91 HST) $791 ($3,650 + 474.50 HST) $4,124.50 Amendment $720 + $93.60 HST) $813.60 Condominium Clearance Fee Condominium Part Lot Control $870 + $60/unit Subdivision and Condominium Extension $2,490 $1,630 $2,540 268 4 Application Type Current Fees Fees for Durham Region Lakeshore Recommended 2018 Fees Site Plan Approval (Residential) $4,000 plus a per unit fee as follows: 1-100: $210/unit 100 +: $125/unit Plans for approval only (no agreement) $1,410 $6,960 $6,000 follows: 1-100: $225/unit 100 +: $150/unit Site Plan Amendment (Residential) $750 + $30/unit To a max $5,400 to a maximum of $6,000 Site Plan Approval (Non-residential) $6,060.00 Telecom tower $6,838 Telecom Tower $8,000 Commercial gross floor area $4,330 + $1.50 square metres $6,629 Commercial gross floor area $5,000 + $1.50/square metre Industrial/other uses $1,410 + 0.20 m2 Base Fee $6,594 Industrial / Other Uses $3,000 + $0.25/square metre Building $4,330 + $0.60/square metre + $60/unit (maximum Mixed Use Building $4,500 + $0.60/square metre + $60/unit (maximum $20,000) Minor Site Plan/ Oak Ridges Moraine $630 N/A $650 trailer/model home $1,300 $2,416 $2,000 269 5 Application Type Current Fees Fees for Durham Region Lakeshore Recommended 2018 Fees Site Plan Approval/ Amendment (Non- residential) (commercial) $1,730 + $1.50/m2 commercial gross floor area (max $6,000) Amendment (mixed use) $1,730 + $0.60/m2 commercial gross floor area + $30/residential unit (maximum $16,000) Amendment (Industrial / other use) $750 + $0.20/m2 gross floor area (maximum Amendment (commercial) $1,800 + $1.50/square metre Amendment (mixed use) $1,800 + $0.60/square metre + $60/unit (maximum $16,000) Amendment Industrial / other use $800 + $0.20/square metre (maximum $6,400) Plans for approval only (no agreement) Preparation of section 41 Agreement/Amendment HST) $531.10 ($600 + $78 HST) $678 Committee of Adjustment – Minor Variance Buildings and Structures $550 Accessory building and structures $570 (single, semi- detached, townhouse or proposed lot) $700 Residential major (all other residential) Residential minor (existing building) $718 Residential Major (vacant land) $1,349 $720 Residential (major) $1,200 270 6 Application Type Current Fees Fees for Durham Region Lakeshore Recommended 2018 Fees Other non- residential $700 Commercial $1,630 Non-residential $1,890 Other non-residential $720 Commercial $1,700 C of A Tabling fee recirculation $230 (applicant $388 $250 Sign permit $185 Permanent $195 Permanent $200 Temporary $93 Temporary $187 Temporary $100 Sign By-law $550 Variance $794 Variance $700 $1,630 N/A $1,800 Apartment In House registration $134 Registration for applications submitted prior to Jan 1, 2015 $66 Rental Protection Act $1,290 $200 Registration for applications submitted prior to Jan 1, 2015 $75 Land Use Information and Compliance Letter and all other property information $135 Subdivision $135 Zoning, building and all other property information $150 Subdivision $150 271 7 Application Type Current Fees Fees for Durham Region Lakeshore Recommended 2018 Fees Land Division $550 Preparation of Section 53 agreement ($470 + $61 HST) $531.10 Review fee $650 Preparation of Section 53 agreement ($470 + $61 HST) $531.10 Clearance Letter $200 Pre-consultation N/A $257 $200 this fee would be applied towards future application Peer Review Applicant responsible for 100% Municipality’s full costs of undertaking a peer review Applicant responsible for 100% Municipality’s full costs of undertaking a peer review Comments on Applications under the Green Energy Act applications (10 KW or less) $135 FIT applications up to 10 MW (solar energy) $430 FIT applications up to 10 MW (other than solar) $6,060 N/A less) $150 FIT applications up to 10 MW (solar energy) $450 FIT applications up to 10 MW (other than solar) $6,100 272 8 Application Type Current Fees Fees for Durham Region Lakeshore Recommended 2018 Fees Other change request $1,080 + $50 per municipal address Reactivation that does not require public meeting 25% of initial application fee or $1,000 whichever is greater Application requiring an open house or additional public meeting $1,410 (additional fee for each additional meeting) Application requiring additional public meeting $1,960 (additional fee for each additional public meeting where notice is provided through the local newspaper) Street name change request $1,200 + $50 per municipal address Reactivation after 2 years that does not require public meeting 25% of initial application fee or $1,500 whichever is greater Application requiring an open house or additional public meeting $1,750 (additional fee for each additional meeting) Application requiring additional public meeting $2,000 (additional fee for each additional public meeting where notice is provided through the local newspaper) review under EPA and/or EAA Process $14,070 N/A $14,500 273 Presentations and Handouts SOPER SPRINGS &SOPER HILLS SECONDARY PLANS TERMS OF REFERENCE PUBLIC MEETINGS PSD-031-18 PSD-032-18 APRIL 23, 2018 Soper Springs Soper Hills Soper Springs Secondary Plan Boundary Concession Road 3 Concession Road 3 Li b e r t y S t r e e t Li b e r t y S t r e e t Urban Boundary Urban BoundaryCommunity Park Community Park Environmental Protection Area Urban Residential Soper Hills Secondary Plan Boundary Urban BoundaryUrban Residential Concession Street East Be n n e t t R o a d Community Park La m b s R o a d Urban Boundary Environmental Protection Environmental Protection Concession Street East Be n n e t t R o a d La m b s R o a d Community Park THE SECONDARY PLAN WILL BE GUIDED BY: Sustainability and Climate Change Urban Design Affordable Housing Community Engagement Integrated Environmental Assessment Soper Creek Subwatershed Study Next Steps Finalize the draft Terms of Reference with the Agencies and the Landowners Groups Issue a Request for Proposal to retain the necessary consultants for the preparation of the Secondary Plans Thank you Soper Springs Soper Hills Soper Springs Secondary Plan Boundary Concession Road 3 Concession Road 3 Li b e r t y S t r e e t Li b e r t y S t r e e t Urban Boundary Urban BoundaryCommunity Park Community Park Environmental Protection Area Urban Residential Soper Hills Secondary Plan Boundary Urban BoundaryUrban Residential Concession Street East Be n n e t t R o a d Community Park La m b s R o a d Urban Boundary Environmental Protection Environmental Protection Concession Street East Be n n e t t R o a d La m b s R o a d Community Park Application By: An application by 1029629 Ontario Inc. and Clearwater Structures Inc. to rezone the recently channelized Bennett Creek portion of the lands to Environmental Protection (EP), and to remove the Holding (H) Symbol Public Meeting: April 23, 2018 Clarington Planning Services Department Floodlines pre-channelized Bennett Creek on subject lands Comments Application By: MODO Bowmanville Towns Ltd. (Kaitlin Corporation) Revised Rezoning to permit 414 residential units in a townhouse and apartment form in the Bowmanville West Urban Centre Public Meeting: April 23, 2018 Clarington Planning Services Department Original Application Revised Application Digital Model Public Comments •The proposal will introduce too much density •Traffic generated by residents will have a negative impact to the neighbourhood Discussion -Proposed density and built form is appropriate -Proper transitions in built form are provided -The area road network can accommodate the traffic -Housing diversity is acceptable -Appropriate zone regulations are proposed established -Urban Design will be further refined through Future Site Plan process King Street West, Bowmanville Summary of Statistics TOTAL # OF UNITS:425 TOTAL AREAS 37,450sm (391, 567sf) BUILDING COVERAGE:16%4,778.4 sm PAVING (HARDSCAPING):29%8,216.3 sm LANDSCAPING (SOFTSCAPING): 55%15,795.5 sm FSI (FLOOR SPACE INDEX):1.34 No. OF STOREYS:BLDG 1, 2 = 12; BLDG 3 = 8 HEIGHT:BLDG 1 = 38.52 m, BLDG 2 = 38.32 m, BLDG 3 = 26.32 m PARKING SITE TOTALS: TOTAL RESIDENT (UNDERGROUND)479 482 TOTAL VISITOR RESIDENT (SURFACE)107 111 TOTAL SPACES:586 593 *ALL NUMBERS INCLUDE BARRIER FREE PARKING SPACES