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Report
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Report To: Planning and Development Committee
Date of Meeting: April 23, 2018
Report Number: PSD -034-18 Resolution: PD -074-18
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:
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.
Municipality of Clarington
Report PSD -034-18
Report Overview
Page 2
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.
1.1
1.2
1.3
Application Details
Owner: Bowmanville Lakebreeze West Village Ltd.
Bowmanville Lakebreeze East
Bowmanville Lakebreeze Towns
Agent
Proposal:
1.4 Area:
1.5 Location:
1.6 Roll Number:
Enzo Bertucci, Kaitlin Corporation
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".
18.49 hectares Lakebreeze West
13.71 hectares Lakebreeze East
Part Lots 5, 6, 7 & 8, Concession Broken Front, former
Township of Darlington
18-17-010-010-02300, 18-17- 010- 010 01600 and
18-17- 010- 010- 01400
1.7 Within Build Boundary: Yes
Municipality of Clarington
Report PSD -034-18
Page 3
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Lakebreeze West
Port Darlington Road constructed
between East Beach Road and
Bennett Road prior to issuance of
first building permit.
2. Background
at South Service/Lambs Road to
accomodate aerial firetruck prior
to issuance of first building permit.
Upgrade to Bennett Road and
level crossing prior to issuance
ill of first building permit.
Lakebreeze East
Figure 1: Subject lands
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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
Municipality of Clarington
Report PSD -034-18
"(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
Page 4
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:
x 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;
x 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
x 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.
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.
Municipality of Clarington
Report PSD -034-18
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Page 6
Reviewed by: r
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410
or cstrike(a-)_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
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
This is Schedule "A" to By-law 2018- , passed this day of 12018 A.D.
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Zoning Change From "(H)R1-92" To "R1-92"
Zoning Change From "(H)R2-54" To "R2-54" N
Zoning Change From "(H)R2-55" To "R2-55"
Zoning Change From "(H)R2-82" To "R2-82"
Adrian Foster, Mayor Bowmanville • ZBA 2018-0004 • Schedule 3 C. Anne Greentree, Municipal Clerk