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HomeMy WebLinkAbout2018-05-14Final rinC114gton Planning and Development Committee Agenda Date: May 14, 2018 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgray(a.clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. 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Copies of Reports are available at www.clarington.net CIarifl#oII Planning and Development Committee Agenda Date: May 14, 2018 Time: 7:00 PM Place: Council Chambers 1 Call to Order 2 New Business — Introduction Members of Committee are encouraged to provide the Clerk's Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 April 23 Minutes of a Regular Meeting of April 23, 2018 Page 5 Minutes 7 Public Meetings 7.1 Public Meeting Application for a Proposed Zoning By-law Amendment Page 19 Applicant: Clark Consulting Services Report: PSD -041-18 Location: 300 Riley Road, Clarke 8 Delegations 8.1 Justine Verkuyl, Regarding Addendum 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 8.2 Dhrupad Patel, Regarding Addendum 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 8.3 Amanda Townsend Regarding Report PSD -043-18, An Application by Fourteen Estates Limited to rezone a 0.48 ha parcel to restrict the use of lands for open space purposes to allow for nitrate dilution to permit an additional two residential lots in Hampton Page 2 CIarifl#oII Planning and Development Committee Agenda Date: May 14, 2018 Time: 7:00 PM Place: Council Chambers 8.4 Angela Shearman, Regarding Addendum 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 8.5 Julie Heaton, Regarding Addendum 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 8.6 Kayla Brazeau, Regarding Addendum 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 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications — Direction 10.1 Extension for Lisa VanAndel - Request to Extend the Use of Temporary Use of Living Quarters at 2184 Bloor Street Temporary Living (Motion to approve the six month extension for the Quarters use of temporary living quarters at 2184 Bloor Street, subject to signing a further Letter of Undertaking) 10.2 Devon Daniell Devon Daniell - MODO Bowmanville Towns Ltd. - MODO Regarding Addendum to Report PSD -024-18, A revised Bowmanville application by MODO Bowmanville Towns Ltd. for a Towns Ltd. rezoning to permit 414 residential units in a townhouse and apartment development in the Bowmanville West Urban Centre (Motion to Refer correspondence from Devon Daniell - MODO Bowmanville Towns Ltd., Regarding Addendum to Report PSD -024-18, to the Director of Planning Services to be considered as part of the application review process) Page 21 Page 24 Page 3 CIarifl#oII Planning and Development Committee Agenda Date: May 14, 2018 Time: 7:00 PM Place: Council Chambers 10.3 Zeeshan. Z. Sakander Regarding Addendum to Report PSD -024-18, Sakander 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 (Motion to Refer correspondence from Zeeshan Sakander, Regarding Addendum to Report PSD -024-18, to the Director of Planning Services to be considered as part of the application review process) 11 Presentations No Presentations 12 Planning Services Department Reports 12.1 PSD -041-18 Application by Clark Consulting Services to amend Zoning Page 25 By-law 84-63 by Algoma Orchards to facilitate a surplus farm dwelling severance at 300 Riley Road, Clarke. 12.2 PSD -042-18 Applications by 2510267 Ontario Ltd. for a Zoning By-law Page 35 Amendment and Draft Plan of Subdivision for a 25 unit development on the south-east corner of Liberty Street North and Longworth Avenue, Bowmanville 12.3 PSD -043-18 An Application by Fourteen Estates Limited to rezone a Page 64 0.48 ha parcel to restrict the use of lands for open space purposes to allow for nitrate dilution to permit an additional two residential lots in Hampton 13 New Business — Consideration 14 Unfinished Business 14.1 Addendum 2 Addendum Report PSD -024-18, A revised application by to Report MODO Bowmanville Towns Ltd. for a rezoning to permit PSD -024-18 414 residential units in a townhouse and apartment development in the Bowmanville West Urban Centre [Tabled from the April 30, 2018 Council Meeting] 15 Confidential Reports No Reports 16 Adjournment Page 4 Clarftwn Planning and Development Committee Minutes April 23, 2018 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a meeting of the Planning and Development Committee held on Monday, April 23, 2018 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, and Councillor W. Woo Regrets: Councillor C. Traill Staff Present: A. Allison, D. Crome, A. Greentree, K. Richardson, C. Pellarin, C. Salazar, M. Chambers 1 Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2 New Business — Introduction There were no new business items added to the Agenda. 3 Adopt the Agenda Resolution #PD -063-18 Moved by Councillor Hooper, seconded by Councillor Cooke That the Agenda for the Planning and Development Committee meeting of April 23, 2018 be adopted as presented. Carried 4 Declarations of Interest There were no disclosures of interest stated at this meeting. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. -1- 5 Clarftwn Planning and Development Committee Minutes April 23, 2018 6 Adoption of Minutes of Previous Meeting Resolution #PD -064-18 Moved by Councillor Partner, seconded by Mayor Foster That the minutes of the regular meeting of the Planning and Development Committee, held on April 3, 2018, be approved. Carried 7 Public Meetings 7.1 Request to initiate the Soper Hills Secondary Plan Applicant: Municipality of Clarington Report: PSD -031-18 Location: Bowmanville East (Soper Hills) Lisa Backus, Principal Planner, made a verbal and electronic presentation to the Committee regarding Reports PSD -031-18 and PSD -032-18 for a request to initiate the Soper Hills and Soper Springs Secondary Plans. No one spoke in opposition to the plan. Ryan Guetter, Senior Vice President, Weston Consulting, was present on behalf of the Bowmanville East (Soper Hills) Landowners Group. He advised the Committee they are in support the Staff report and moving forward with the Secondary Plan. Mr. Guetter answered questions from the member of Committee. Mr. Guetter also indicated that his comments also applied to Report PSD -032-18. John Turner, local resident, spoke to the application. Mr. Turner questioned the potential future extension of Lambs Road. 7.2 Request to initiate the Soper Springs Secondary Plan Applicant: Municipality of Clarington Report: PSD -032-18 Location: Bowmanville East (Soper Springs) No one spoke in opposition to or in support of the plan. Mr. Guetter indicated during his earlier delegation that his comments also applied to this Secondary Plan. -2- A• Clarftwn Planning and Development Committee Minutes April 23, 2018 7.3 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 No one spoke in opposition to or in support of the application. 7.4 Revised Application to amend the Zoning By-law Applicant: Modo Bowmanville Towns Ltd. Report: Addendum Report to PSD -024-18 Location: Southeast corner of Clarington Boulevard extension and Green Road, Bowmanville Anne Taylor Scott, Senior Planner, made a verbal and electronic presentation to the Committee regarding the application. Julie Heaton, local resident, spoke in opposition to the application. She explained to the Committee she entered into a contract with the developer to reserve a townhome in the proposed MODO South development in 2016. Ms. Heaton added that she recently advised, due to the revised plans, her townhome may not be built. She noted that she should have been in her townhome in January 2019 and is concerned that if the original application is changed, her deposit will be returned and she will no longer be able to purchase a home due to increased housing prices. Ms. Heaton concluded by asking for the original proposed development to be approved. Laura Labine, local resident, spoke in opposition to the application. She advised the Committee she is concerned with the increased traffic that will result of this development. Ms. Labine explained that she understands the need for high density development. She added that she does not believe this development will promote the use of public transportation and feels this is area is too small for this type of development. Ms. Labine concluded that she is also concerned with the safety of the school zone as this already a busy area. Rimon Philips, local resident, spoke in opposition to the application. He asked about the road widening and feels traffic will be a concern as Green Road is currently a single lane, both ways. Mr. Philips asked if the school in the area will be able to accommodate the increased density. Jim Scarth, local resident, spoke in opposition to the application. He is concerned with the increased traffic and asked if there will be direct access to Green Road or if this development will need to use Clarington Boulevard. Mr. Scarth explained that he feels that the roundabouts are failing when the majority of traffic is travelling in the same direction and are causing traffic congestion during busy times of the day. He added that it is difficult to enter the roundabouts and the addition of this development will add to the -3- Clarftwn Planning and Development Committee Minutes April 23, 2018 problem. Mr. Scarth feels this is too much density for this area. He asked about the setbacks of the townhouses from the road. Mr. Scarth concluded by stating he supports increased density but does not feel this is right development for this area. Drew Dowling, Walker Head Lawyer, was present on behalf of the applicant. He advised the Committee he was available to respond to any questions. Mr. Dowling noted that Staff has adequately summarized the project. Approximately one month ago the original proposal was no longer acceptable to the Municipality. In response to the Council's refusal, the applicant has prepared a new proposal to submit to the Municipality. Mr. Dowling noted that Ms. Heaton's situation is a concern to the developer. He advised that they are prepared to answer any questions and once a decision is made on their proposal they will work out the details in the site plan which would include the setbacks. Mr. Dowling explained that the reserved purchased agreements will be dealt with by Kaitlin Corporation and the purchasers will be contacted to see how they wish to proceed. He concluded by advising the Committee that the applicant would like to move forward with this project. Mr. Dowling answered questions from the members of Committee. 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 Alan Savage, YYZed Project Management, was present 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. He made a verbal presentation to accompany an electronic presentation. Mr. Savage reviewed a summary of statistics and the details of the site plan drawing for the proposed development. He reviewed the access and traffic flow within the site. Mr. Savage advised the Committee that this application complies with Provincial Policy, Growth Plans and both the Clarington and Regional Official Plans. He stated that this application requires approval to move forward. Mr. Savage reviewed various street views of the proposed development and noted the visual impact is minimized due to the tree canopy. Mr. Savage concluded by stating that this application follows good planning practice and they are seeking the Committees support. He advised the Committee he is available to answer questions. Mr. Savage and Marianna de Cola, Kohn Partnership Architects Inc., answered questions from the Committee. 9 Communications - Receive for Information There were no communications to be received for information. 93 Cladiw-a Planning and Development Committee Minutes April 23, 2018 10 Communications— Direction 10.1 Ernie Hardeman, M.P.P., Oxford, Regarding Municipal Authority Over Landfill Sites Resolution #PD -065-18 Moved by Mayor Foster, seconded by Councillor Woo That the following resolution, regarding Municipal Authority Over Landfill Sites, be endorsed by the Municipality of Clarington: Whereas municipal governments in Ontario do not have the right to approve landfill projects in their communities, but have authority for making decisions on all other types of development; And Whereas this out -dated policy allows private landfill operators to consult with local residents and municipal Councils, but essentially ignore them; And Whereas municipalities already have exclusive rights for approving casinos and nuclear waste facilities within their communities, and further that the province has recognized the value of municipal approval for the siting of power generation facilities; And Whereas the recent report from Ontario's Environmental Commissioner has found that Ontario has a garbage problem, particularly from Industrial, Commercial and Institutional (ICI) waste generated within the City of Toronto, where diversion rates are as low as 15%; And Whereas municipalities across Ontario are quietly being identified and targeted as potential landfill sites; And Whereas municipalities should be considered experts in waste management, as they are responsible for this within their own communities, and often have decades' worth of in-house expertise in managing waste, recycling, and diversion programs; And Whereas municipalities should have the right to approve or reject these projects, and assess whether the potential economic benefits are of sufficient value to offset any negative impacts and environmental concerns; Therefore be it resolved that the Municipality of Clarington supports Bill 16, Respecting Municipal Authority Over Landfilling Sites Act introduced by MPP Ernie Hardeman and calls upon the Government of Ontario, and all political parties, to formally grant municipalities the authority to approve landfill projects in or adjacent to their communities; and -5- 9 Cladiw-n Planning and Development Committee Minutes April 23, 2018 Further that the Municipality of Clarington send copies of this resolution to MPP Ernie Hardeman and all municipalities. Carried 10.2 Tammy Fowkes, Deputy Clerk, Town of Amherstburg — Regarding Offering School Property to Municipalities Resolution #PD -066-18 Moved by Councillor Cooke, seconded by Mayor Foster That Correspondence Item 10.2 from the Town of Amherstburg, regarding Offering School Property to Municipalities, be received for information. Motion Lost Resolution #PD -067-18 Moved by Councillor Hooper, seconded by Councillor Partner That the following resolution from the Town of Essex as forwarded to the Municipality of Clarington from the Town of Amherstburg, regarding Offering School Property to Municipalities, be endorsed by the Municipality of Clarington: That the Town of Essex send a request to the Association of Municipalities of Ontario (AMO), ROMA and all other municipalities in Ontario requesting that when schools boards make decisions to close schools, that they have to offer the building to the local municipality for a dollar. Motion Lost Resolution #PD -068-18 Moved by Mayor Foster, seconded by Councillor Cooke That Correspondence Item 10.2 from the Town of Amherstburg, regarding Offering School Property to Municipalities, be tabled to the April 30, 2018 Council Meeting. Motion Lost Resolution #PD -069-18 Moved by Mayor Foster, seconded by Councillor Woo That Correspondence Item 10.2 from the Town of Amherstburg, regarding Offering School Property to Municipalities, be referred to Staff. Carried 10 Clarftwn Recess Resolution #PD -070-18 Planning and Development Committee Minutes April 23, 2018 Moved by Mayor Foster, seconded by Councillor Woo That the Committee recess for 15 minutes. Carried The meeting reconvened at 9:05 PM. 11 Presentation(s) No Presentations 12 Planning Services Department Reports 12.1 PSD -031-18 Soper Hills Secondary Plan Study — Terms of Reference Resolution #PD -071-18 Moved by Mayor Foster, seconded by Councillor Woo That Report PSD -031-18 be received; That Planning Services staff be authorized to commence the preparation of the Soper Hills Secondary Plan; That staff be authorized to finalize the draft Terms of Reference and issue a Request for Proposal to retain the necessary consultants for the preparation of the Soper Hills Secondary Plan; 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; 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 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. Carried -7- 11 Clarftwn Planning and Development Committee Minutes April 23, 2018 12.2 PSD -032-18 Soper Springs Secondary Plan Study — Terms of Reference Resolution #PD -072-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD -032-18 be received; That Planning Services staff be authorized to commence the preparation of the Soper Springs Secondary Plan; That staff be authorized to finalize the draft Terms of Reference and issue a Request for Proposal to retain the necessary consultants for the preparation of the Soper Springs Secondary Plan; That the Director of Planning Services be authorized to execute the necessary costrecovery agreements with the Bowmanville North (Soper Springs) Landowners Group Inc. for the preparation of the Soper Springs Secondary Plan; 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 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. Carried 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 Resolution #PD -073-18 Moved by Councillor Hooper, seconded by Councillor Cooke That Report PSD -033-18 be received; 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; 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 -8- 12 Clarftwn Planning and Development Committee Minutes April 23, 2018 That all interested parties listed in Report PSD -033-18 and any delegations be advised of Council's decision. Carried 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 Resolution #PD -074-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD -034-18 be received; 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 By-law in Attachment 1 to Report PSD -034-18 be approved; 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; 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; 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 That all interested parties listed in Report PSD -034-18 and any delegations be advised of Council's decision. Carried 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 Resolution #PD -075-18 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD -035 -18 be received; -9- 13 Clarftwn Planning and Development Committee Minutes April 23, 2018 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; 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; 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 That all interested parties listed in Report PSD -035-18 and any delegations be advised of Council's decision. Carried 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 Resolution #PD -076-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD -036-18 be received; 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; 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 -036-18 and Council's decision; and That all interested parties listed in Report PSD -036-18 and any delegations be advised of Council's decision. Carried -10- 14 Clarftwn Planning and Development Committee Minutes April 23, 2018 12.7 PSD -037-18 Heritage Designation, 156 Church Street, Bowmanville Resolution #PD -077-18 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD -037-18 be received; 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; 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 That the interested parties listed in Report PSD -037-18 and any delegations, be advised of Council's decision. Carried 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 Resolution #PD -078-18 Moved by Councillor Cooke, seconded by Councillor Woo That Report PSD -038-18 be received; 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; 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; 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 That all interested parties listed in Report PSD -038-18 and any delegations be advised of Council's decision. Carried Clarftwn Planning and Development Committee Minutes April 23, 2018 12.9 PSD -039-18 An Application by Carlos Pereira for Removal of (H) Holding Symbol, 20 and 22 Darlington Boulevard, Courtice Resolution #PD -079-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD -039-18 be received; 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; 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 That all interested parties listed in Report PSD -039-18 and any delegations be advised of Council's decision. Carried 13 New Business — Consideration There were no New Business Item to be considered under this Section of the Agenda. Carried Mayor Foster chaired this portion of the meeting. 14 Unfinished Business 14.1 Addendum to 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 Resolution #PD -080-18 Moved by Councillor Neal, seconded by Councillor Woo That Addendum 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, be referred to staff to report back to the May 14, 2018 Planning and Development Committee meeting on what commitment's will be made by the Developer to the buyers of the proposed reserved townhouses. Motion Lost -12- 16 Clarftwn Planning and Development Committee Minutes April 23, 2018 Resolution #PD -081-18 Moved by Councillor Neal, seconded by Councillor Hooper That Addendum 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, be referred to staff to report back to the April 30, 2018 Council meeting on what commitment's will be made by the Developer to the buyers of the proposed reserved townhouses. Carried 14.2 PSD -027-18 Amendment to Application Fees By-law Planning and Development Applications Resolution #PD -082-18 Moved by Councillor Neal, seconded by Councillor Woo 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 15 Confidential Reports 15.1 PSD -040-18 Potential Land Acquisition — Consideration of position of negotiations Closed Session Resolution #PD -083-18 Moved by Councillor Neal, seconded by Councillor Cooke That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the following: • a proposed or pending acquisition or disposition of land by the municipality of local board; and • a matter to consider position, plan, procedure, criteria or instructions to be applied to any negotiations carried on or to be carried out by or on behalf of the Municipality. -13- 17 Clarftwn Planning and Development Committee Minutes April 23, 2018 Carried Rise and Report The meeting resumed in open session at 10:16 PM with Councillor Neal in the Chair. Councillor Neal advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. 16 Adjournment Resolution #PD -084-18 Moved by Councillor Partner, seconded by Mayor Foster That the meeting adjourn at 10:17 PM. Chair Carried -14- W Municipal Clerk Clarington Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend Zoning By-law 84-63. 01141414 Clark Consulting Services proposes to amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance at 300 Riley Road in Clarke. The amendment would prohibit residential uses on the 67 hectare severed agricultural parcel. The application submission has been deemed complete. 0 0 - Address: 300 Riley Road, Clarke Concession_R`oad-1 ' f � * , s 0' lk i6 r .. ..._ _ _.. Subject Site Severed Lands Surplus Farm Dwelling, 300 Riley Road Proposed Access Easement /N ore 'Road zBA 2018-0010 The property is located on the northwest corner of Lakeshore Road and Riley Road How to be Informed The proposed Zoning By-law amendments together with any additional information are available for review at the Planning Services Department. Questions? Please contact Amanda Tapp 905-623-3379, extension 2420, or by email at atapp clarington.net How to Provide Comments Speak at the Public Meeting: Date: Monday, May 14, 2018 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planning Services Department to the attention of Brandon Weiler File Numbers: ZBA2018-0010 Cross Reference Files: LD2018-018 and ROPA2017-002 19 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 Local Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, unless, in the opinion of the Tribunal, there are reasonable grounds to do so. David J. Crome, MCIP, RPP Director of Planning Services 20 Clarftwn Memo Planning Services Department If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: From: Date: Subject: Mayor and Members of Council Carlo Pellarin, Manager of Development Review May 1, 2018 Request To Extend The Use of Temporary Living Quarters at 2184 Bloor Street, Darlington File: Roll Number: 18-17-010-030-12200 Corresponding Building Permit Number: 17.0782 Lisa VanAndel signed a letter of undertaking on November 16, 2017, indicating her intent to continue to live in the existing single detached dwelling at 2184 Bloor Street while constructing a new single detached dwelling on the same property, for a period not to exceed six (6) months (expires on May 16, 2018), after which the existing original dwelling is to be demolished. On April 25, 2018, Lisa VanAndel requested permission to extend the use of the temporary living quarters, for an additional six (6) month period (to expire on November 16, 2018). According to the Clarington Building Division, the last inspection completed on the new detached dwelling was for the heating rough -in on April 23, 2018. Prior to this inspection, the following inspections had been performed: Framing — April 17, 2018 Backfill — December 21, 2017 Footings — November 24, 2017 Section 3.25b of Zoning By-law 84-63, as amended, of the Municipality of Clarington, permits Council to extend the maximum six (6) months' time limitation for the use of temporary living quarters. If Council wishes to do this, it is recommended that the following resolution be passed: The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 21 Page 12 THAT Lisa VanAndel be granted a 6 month extension for the use of temporary living quarters at 2184 Bloor Street subject to signing a further Letter of Undertaking. Carlo Pellarin Manager of Development Review /nl cc: Andrew Allison, Chief Administrative Officer Anne Greentree, Municipal Clerk David Crome, Director of Planning Services \\netapp5\group\Planning\^Department\LDO NEW FILING SYSTEM\PL Property Location\010\18-17-010-030-12200 2184 Bloor Street\Extension - Letter of Undertaking\LET_Extension Letter of Undertaking_01'05'18.docx 22 From: Lisa van Andel To: Tapp, Amanda Subject: RE: Extension Request for Building Permit Date: Tuesday, May 1, 2018 10:29:26 AM Hi Amanda Tapp, Shawn and Lisa van Andel would like to request an extension on the Letter of Undertaking for 6 more months. We are living at 2184 Bloor St. in Bowmanville. We are currently building a house behind the house we live in. When the new house is complete we will be tearing down the original house. We hope to be in the new house by Spetmeber 2018. We have experienced a few unanticipated delays due to the harsh winter but things are progressing. We have begun insulating the house and don't anticipate too many more delays. Thanks, Shawn and Lisa van Andel From: Tapp, Amanda <ATapp@clarington.net> Sent: May -01-18 9:51 AM To: 'lisa@andelwoodhomes.ca'<lisa@andelwoodhomes.ca> Subject: RE: Extension Request for Building Permit Good Morning Lisa, As per our discussion on April 25, could you please send me your request to extend the Letter of Undertaking for an additional 6 months by e-mail? I require a written submission for our files. In this note, please provide at a minimum the following information: • Address of subject property; • The reasoning for the required extension; and • Expected timeline for completion. I will require this as soon as possible, Thank you. Amanda Tapp, B.U.R.PI. Planner II Planning Services Department Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 905-623-3379 ext. 2420 11-800-563-1195 23 May 7, 2018 M �,_ , Mayor's Office DO 40 Temperance Street �� Bowmanville, ON L1C 3A6 PN DOWNTOWN RE: Addendum to Report PSD -024-18 (MODO South) Dear Mayor Foster and Members of Council, I would like to take another opportunity to respond to some comments made at the Council Meeting on April 30th and reiterate our position on this matter. I do not want to go over all of the planning arguments for/against both the original and higher density plans for Modo South here, as I believe this has been done extensively by your staff and our consultants to this point. What I do want to do is advocate for a final decision one way or another by Council on May 14th. Aside from getting construction going, our customers need to be able to make their own financial and life decisions in this softening real estate market. There were a number of questions surrounding our customers and their ability to move into this market and community that I'd like to address more specifically right now with the hope that further transparency helps expedite a decision. I can unequivocally say that regardless of what your decision is, we will treat our customers the same way we always have: fairly and equitably. In the event of a decision to go with the requested higher density plan: everysingle customer who took a reservation to buy at Modo South will be given the opportunity to buy a unit of the same size and floorplan, at the exact same price at Modo Urban Towns or another one of our projects this year. Modo Urban Towns (current name) is a project 500 meters north on Green Road with some of the exact same types of homes. The units are essentially the same design as Modo South, save for a few minor changes related to slightly different elevation style choices between the two projects. The project planning is well underway with your staff and we are hoping to have a public meeting in June and obtain approvals in September. In closing I'd like to again stress our strong desire for a final decision on Modo South on May 14th. Our goal is to get our customers into some form of Modo townhouse in Bowmanville and we need some closure on this site before we do that. Yours truly, Modo Bowmanville Towns Ltd. Devon Daniell A.S.O. CC: Municipal Clerk 28 Sandiford Drive, Suite 201, Stouffville, ON L4A 1L8 T 905-642-7050 F 905-642-8820 E info@kaitlincorp.com W kaitlincorp.com 24 Clarftwn Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 14, 2018 Report Number: PSD -041-18 Resolution: File Number: ZBA2018-0010 By-law Number: Report Subject: Application by Clark Consulting Services to amend Zoning By-law 84-63 by Algoma Orchards to facilitate a surplus farm dwelling severance at 300 Riley Road, Clarke. Recommendations: That Report PSD -041-18 be received; 2. That provided no significant objects are raised at the public meeting, the application to amend the Zoning By-law submitted by Algoma Orchards be approved and that the By-law contained in Attachment 1 to Report PSD -041-18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -041-18 and Council's decision; and 4. That all interested parties listed in Report PSD -041-18 and any delegations be advised of Council's decision. 25 Municipality of Clarington Report PSD -041-18 Report Overview Page 2 Algoma Orchards has submitted applications to amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance. The Zoning By-law Amendment would zone the severed portion of the lands to prohibit further single detached dwellings from being built on the property. Recognizing that this proposal has been considered through two previous public meetings for the Regional Official Plan Amendment and the Land Division Applications, this report recommends that Council approve the Zoning By-law Amendment as contained in Attachment 1 of this report. 1. 1.1 1.2 1.3 1.4 1.5 1.6. 2. Application Details Owner/Applicant: Agent: Proposal: Area: Location: Roll Number: Background Algoma Orchards Bob Clark - Clark Consulting Services To amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance. 67.41 hectares (167 acres) 300 Riley Road, Clarke, Part Lot 25, Broken Front Concession 18-17-030-110-15300 2.1 In July 2017 a Regional Official Plan Amendment was submitted to facilitate a surplus farm dwelling severance at 300 Riley Road. The Regional Official Plan Amendment was approved by Regional Council on November 8, 2017. In January 2018, a consent application was applied for to sever a 0.42 hectare lot and dwelling from the larger farm parcel. The consent application was conditionally approved by Land Division Committee on February 12, 2018.The conditions of the Land Division Committee approval included obtaining a Clarington Zoning By-law Amendment. The Zoning By-law Amendment is required to ensure that no new dwellings are erected on the retained lands in compliance with Provincial, Regional and Local policies (see Figure 1). 26 Municipality of Clarington Report PSD -041-18 Page 3 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are 67.41 hectares (167 acres) with an existing single detached dwelling on the east side of the property, fronting onto Riley Road. There is a water course and wooded area running horizontally, from east to west through the property. The majority of the property is currently farmed. Concession Road -1 t FM LE I �i Y y M ry i. I. Subject Site 0 Severed Lands Surplus Farm Dwelling, 300 Riley Road 0 Proposed Access Easement )V Road ZBA 2015-0010 Figure 1: Subject Lands 3.2 The surrounding uses are as follows: North - Existing Rural Residential Lots and the Canadian National Rail Line South - Existing Rural Residential Lots and Lake Ontario East - Agricultural Fields West - Agricultural Fields 27 Municipality of Clarington Report PSD -041-18 4. Provincial Policy Provincial Policy Statement Page 4 4.1 The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term agricultural uses. The PPS also permits lot creation for severance of surplus farm dwellings that result from farm consolidation, provided that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. 4.2 The proposal is consistent with the Provincial Policy Statement. Greenbelt Plan 4.3 The Greenbelt Plan protects prime agricultural areas for long-term agricultural uses. Within the Protected Countryside surplus farm dwelling severances are permitted provided the following: The dwelling was in existence prior to December 16, 2004; The surplus dwelling area is limited in size; and That no new dwellings are permitted moving forward on the severed farm lands. 4.4 The proposed lot size conforms with Ministry of the Environment and Climate Change and Region of Durham Health Department policies regarding minimum lot size requirements. 4.5 The proposal is consistent with the Greenbelt Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the property "Waterfront Areas". The severance policies of the Plan state that surplus farm dwellings are permitted provided the retained farm parcel be zoned to prohibit any further severances and the establishment of any residential dwelling, in perpetuity. 5.2 A Regional Official Plan Amendment was approved by Regional Council on November 8, 2017 to allow for a surplus dwelling resulting from a farm consolidation. Clarington Official Plan 5.3 The Clarington Official Plan designates the property as "Environmental Protection Area" and "Waterfront Greenway". Within the Waterfront Greenway designation agriculture is identified as one of the predominant land uses. The severance of a dwelling, which is rendered surplus as a result of the consolidation of non -abutting farms, may be Municipality of Clarington Report PSD -041-18 Page 5 permitted subject to criteria, similar to those in the Regional Official Plan, as well as requirement that the farm to be acquired is a minimum of 40 hectares. 5.4 The proposal meets the requirements of the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Agricultural (A)", "Agricultural Exception (A-1) Zone" and "Environmental Protection (EP) Zone." The proposed Zoning By-law Amendment would prohibit any residential uses on the larger farm parcel and will fulfil the condition imposed by the Durham Region Land Division Committee and the requirement of Provincial Policy. 7. Summary of Background Studies Planning Justification and Agricultural Assessment Report 7.1 A report prepared by Clark Consulting was submitted in support of the application. The report concludes that the applications to support the surplus farm dwelling severance meets the objectives and requirements of the Provincial Policy, Region of Durham Official Plan policies and the intent of the Clarington Official Plan policies. 7.2 The report also addresses Minimum Distance Separation formulae. The report concludes the proposal meets the policies of the Minimum Distance Separation formulae. 8. Public Notice and Submissions 8.1 Public notice was given by mail to each landowner within 300 metres of the subject lands on April 13, 2018. Public meeting signs were installed on the property, fronting onto Riley Road and Lakeshore Road, on April 18, 2018. 8.2 At the time of finalizing this report staff had been contacted by three members of the public. All inquiries were general in nature with no objections received. 29 Municipality of Clarington Report PSD -041-18 Page 6 Figure 4: Notice of Proposed Zoning By-law Amendment 9. Agency Comments 9.1 The application was circulated to the Durham Planning and Durham Regional Health Departments. As per the comments received on May 1, 2018, Regional Staff have no objection to the rezoning application. 10. Departmental Comments 10.1 The Clarington Building Division, Engineering Services Department and Emergency and Fire Services Department have no objections or concerns with the application. 11. Discussion 11.1 The Provincial Policy Statement encourage the long term viability of agricultural areas, limiting the opportunities to create new parcels in the rural area. Surplus farm dwelling severances are permitted by the Province recognizing that farmers may not want to be landlords when acquiring additional lands. The Durham Region and Clarington Official Plans encourage farm consolidation where possible to ensure long term viability of agricultural operations and set out the regulations for surplus farm dwelling severances as a result of farm consolidations. 30 Municipality of Clarington Report PSD -041-18 Page 7 11.2 When a surplus farm dwelling is severed the Provincial Policy Statement and the Official Plan requires that the retained farm parcel be rezoned to prohibit further dwellings from being constructed. The proposed zone for the retained portion of the lot, with the exception of the "EP" area, is "Agricultural Exception (A-81) Zone", which only allows for non-residential uses as set out in the regulations of the Agricultural (A) Zone. The Zoning By-law Amendment will prohibit future residential uses from being established on the 67 ha retained parcel and will enable the severance of a surplus residential dwelling lot (0.41 ha). 11.3 The Clarington Official Plan policies require that where a surplus dwelling is severed from a farm parcel that is not abutting, the parcel must have a minimum lot area of 40 hectares. The intent of the Clarington Official Plan policies is to ensure that the lands are a viable farm parcel once the farm dwelling has been severed. The farm parcel, subject to this rezoning application is 67 hectares in size. 11.4 This application is one step in the process to sever the surplus dwelling lot. There have been no objections to this application from any of the circulated agencies or the public to date. 12. Concurrence Not Applicable. 13. Conclusion 13.1 Given that there have been previous public meetings on the related Regional Official Plan Amendment and Severance applications, it is respectfully recommended that Council approve the applications to amend Zoning By-law 84-63 (see Attachment 1). 14. Strategic Plan Application Not applicable. 31 Municipality of Clarington Report PSD -041-18 Submitted by: David Crome, MCIP, RPP Director of Planning Services Reviewed by: for. Andrew C. Allison, B. Comm, LL.B Chief Administrative Officer Page 8 Staff Contact: Amanda Tapp, Planner, (905) 623-3379 ex. 24240 or atapp@clarington.net Attachments: Attachment 1 — Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. AT/CP/DJC/nl I:\ADepartnnent\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2018\ZBA2018-0010 300 Riley Road\Staff Report\PSD-041-18.Docx 32 Attachment 1 to PSD -041-18 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 ZBA2018-0010; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `2' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" and "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-81) Zone" as illustrated on the attached Schedule `A' hereto. 2. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of 12018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 33 This is Schedule "A" to By-law 2018-., passed this day of , 2018 A.D. m METCALF STREET a n CONCESSION RD-1 i�R N N M \ w Lu ZI] Q� Y� 0. S 6 [1J J R R a� 1T9 m �K m � 0 M Zoning Change From 'A' to'A-81' Zoning Change From 'A-1' to 'A-81' N Zoning To Remain 'A' Zoning To Remain 'EP' Clarke • ZBA 2018-0010 • Schedule 2 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 34 Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 14, 2018 Report Number: PSD -042-18 Resolution: File Number: S -C-2017-0008, C -C-2017-0001 and ZBA2017-0027 By-law Number: Report Subject: Applications by 2510267 Ontario Ltd. for a Zoning By-law Amendment and Draft Plan of Subdivision for a 25 unit development on the south-east corner of Liberty Street North and Longworth Avenue, Bowmanville Recommendations: That Report PSD -042-18 be received; 2. That the application for Draft Plan of Subdivision S -C-2017-0008 submitted by 2510267 Ontario Ltd., to permit the development of 25 residential units, be supported subject to the conditions generally as contained in Attachment 1 to Report PSD -042-18; 3. That the application to amend Zoning By-law by 2510267 Ontario Ltd. be approved and that the By-law in Attachment 2 to Report PSD -042-18 be passed; 4. That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD -042-18 and Council's decision; and 5. That all interested parties listed in Report PSD -042-18 and any delegations be advised of Council's decision. 35 Municipality of Clarington Report PSD -042-18 Page 2 Report Overview This report recommends approval of Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by 2510267 Ontario Ltd. The applications would permit a 25 unit subdivision at the southwest corner of Liberty Street North and Longworth Avenue in Bowmanville. The subdivision would include 5 single detached dwellings fronting onto Couvier Crescent and a 20 unit dual frontage townhouse common elements condominium with a private lane at the south-east corner of Liberty Street North and Longworth Avenue. 1. Application Details 1.1 Owner/Applicant: 2510267 Ontario Ltd. 1.2 Agent: Michael Smith, Michael Smith Planning Consultants 1.3 Proposal: Proposed Draft Plan of Subdivision To create five single detached dwellings fronting onto Couvier Crescent and twenty townhouse dwellings fronting onto Liberty Street North and Longworth Avenue with private laneway access from Longworth Avenue. Rezoning To rezone the lands from the "Agricultural (A) Zone", "Urban Residential Type One (R1) Zone", and "Urban Residential Exception (R2-15) Zone" to appropriate zones that permit the proposed residential development. 1.4 Area: 0.82 hectares (2 acres) 1.5 Location: Southeast corner of Liberty Street North and Longworth Avenue. 1.6 Roll Numbers: 181702006007600 181702006020006 181702006020004 181702006020008 1.7 Within Built Boundary: 273 Liberty Street is within the built boundary. Blocks 197, 198 and 199 of Plan 40M2332 are not within the built boundary. 36 Municipality of Clarington Report PSD -042-18 Page 3 2. Background 2.1 On September 6, 2017 the applicant submitted applications for Draft Plan of Subdivision, Darft Plan of Condominium and a Zoning By-law Amendment. Figure 1: Subject Lands 2.2 The existing subdivision surrounding the subject lands was approved in 2005. Blocks 197, 198 and 199 (see Figure 1) were created at the time the subdivision was approved. At that time 273 Liberty Street was not owned by the applicants of the subdivision and was identified as having future development potential together with the three above mentioned blocks. Originally development was envisioned to include single detached dwellings fronting onto Longworth Avenue and Courvier Crescent. Services were installed for four future dwelling lots on Courvier Crescent and seven future lots on 37 IV 04 ' Lw i .�.� r w sf LONGwOATH � -, AVENUE Black Blvck 797 798 y_ ,i 273 Liberty, LU 5freetrNorth N ~Block 999 CC2017 Figure 1: Subject Lands 2.2 The existing subdivision surrounding the subject lands was approved in 2005. Blocks 197, 198 and 199 (see Figure 1) were created at the time the subdivision was approved. At that time 273 Liberty Street was not owned by the applicants of the subdivision and was identified as having future development potential together with the three above mentioned blocks. Originally development was envisioned to include single detached dwellings fronting onto Longworth Avenue and Courvier Crescent. Services were installed for four future dwelling lots on Courvier Crescent and seven future lots on 37 Municipality of Clarington Report PSD -042-18 Page 4 Longworth Avenue when the subdivision was constructed. There was no plan for redevelpment of the portion of the lands fronting onto Liberty Street North. 2.3 A statutory public meeting was held on December 4, 2017. Comments received from the public are discussed in Section 8 of this report. 2.4 After the public meeting the applicant submitted a revised proposal that maintains the same number of units but addresses a number of concerns identified by internal departments, external agencies and the public. Figure 2: Revised Development Concept 2.5 The revised concept directs all stormwater from the townhouse condominium to existing stormwater infrastructure on Longworth Avenue. A retaining wall and holding tank along the south limits of the private lane, will allow the grading to direct existing stormwater flows away from Courvier Crescent towards Longworth Avenue. The stormwater from the single detached dwellings would continue to be directed to Courvier Crescent. The revised concept also increases the area between the private lane entrance and the existing dwelling to the east at 447 Longworth Avenue. veno-,. LONGWORTH AVENUE COURVIER CRESCENT � 1 0 EXISTING – RESIDENTIAL I (6onits) �(m 4 u its) I T �4 units} STREETT MS BTREET TOWNB QIP J G � o STREET TOWNS'" �I, c ❑ z • ] ' Q' °l ,III J V II w --.. J3 �— — ooNao w �E.e�n i ng- / 5 FFG _. / FA W ,� r ----�6-uN - «,® , • , - _. EXISTING Lw[ - � srREErmwus ; 'y ` LOT 2 LOTS LOT 4 LOT 5e RESIDENTI/ u~i __ (5 Singles to adopt zonin By Law R2 54) IM IM = l c] I LOT MLU r - z EXISTING _ — RESIDENTIAL Figure 2: Revised Development Concept 2.5 The revised concept directs all stormwater from the townhouse condominium to existing stormwater infrastructure on Longworth Avenue. A retaining wall and holding tank along the south limits of the private lane, will allow the grading to direct existing stormwater flows away from Courvier Crescent towards Longworth Avenue. The stormwater from the single detached dwellings would continue to be directed to Courvier Crescent. The revised concept also increases the area between the private lane entrance and the existing dwelling to the east at 447 Longworth Avenue. COURVIER CRESCENT � 1 0 EXISTING RESIDENTIAL Figure 2: Revised Development Concept 2.5 The revised concept directs all stormwater from the townhouse condominium to existing stormwater infrastructure on Longworth Avenue. A retaining wall and holding tank along the south limits of the private lane, will allow the grading to direct existing stormwater flows away from Courvier Crescent towards Longworth Avenue. The stormwater from the single detached dwellings would continue to be directed to Courvier Crescent. The revised concept also increases the area between the private lane entrance and the existing dwelling to the east at 447 Longworth Avenue. Municipality of Clarington Reoort PSD -042-18 Paae 5 2.6 In addition to the draft plan of subdivision and rezoning applications the applicants have submitted a draft plan of condominium application and will be required to submit a site plan application for the townhouse development. The site plan application will identify the final details of the landscaping requirements, lighting, fencing and architectural design of the townhouse condominium. 2.7 The applicant has submitted the following studies in support of the applications which are reviewed in Section 7 of this report: • Noise Report • Functional Servicing and Stormwater Management Report 3. Land Characteristics and Surround Land Uses 3.1 The subject lands consist of four parcels, three blocks in Plan 40M2332 and 273 Liberty Street North. At 273 Liberty Street North there is an existing one storey single detached dwelling and small accessory buildings. There is a former new home sales centre building located on the blocks fronting onto Longworth Avenue. The block fronting onto Courvier Crescent is currently vacant. All buildings would be demolished to accommodate the proposed development. 4� Storey Apartment Under Construction p m i� - IL L sn ' PLAZA= w r fl f ] ��� m � Subject Lands LOMWORTH AVENUE Proposed Townhouses g Existing f Townhouse �. Block _ 't Proposed Townhouses Proposed Single r Detached _ L ZBA2017-0027 - sc2ai7-000s, f cczoi7-000i Figure 3: Surrounding Land Uses 39 Municipality of Clarington Resort PSD -042-18 Paae 6 3.2 The existing grade of the subject lands is highest along the west and north sides of the property, adjacent to Longworth Avenue and Liberty Street North, and slopes down to the south-east adjacent to Courvier Crescent. Many of the existing dwellings on Longworth have elevated decks as the previous subdivision was developed using similar grades. The surrounding uses are as follows: North - Single Detached Dwellings South - Single Detached Dwellings East - Single Detached Dwellings West - Townhouse Dwellings on the south-east corner and a Commercial Plaza on the north-west corner 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of housing types and development patterns. Planning authorities are encouraged to promote opportunities for intensification and redevelopment in a compact form where it can be accommodated taking into account the availability of suitable existing infrastructure. 4.2 The proposal conforms to the Provincial Policy Statement. Growth Plan 4.3 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Bowmanville Urban Area. Municipalities are encouraged to create complete communities including offering a mix of housing options. 4.4 The lands are partially within the built-up area and will contribute to the Municipality's target of achieving a minimum of 32% of new residential units annually within the built-up area. 4.5 The proposal conforms to the Provincial Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Regional Official Plan designates the lands as Living Areas. Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The Regional Official Plan requires that local corridors, which Liberty Street North is identified as, shall be planned and developed for a mix of uses and densities that support transit. 40 Municipality of Clarington Resort PSD -042-18 Paae 7 5.2 The proposed development conforms with the Living Area designation and the Regional Official Plan. Clarington Official Plan 5.3 The subject lands are designated Urban Residential. The Urban Residential designation is predominately intended for housing purposes. A variety of densities, tenure and housing types are encouraged in the Urban Residential designation. 5.4 Liberty Street North is a Regional Type B Arterial Road and is identified as a Local Corridor in the Official Plan. Longworth Avenue is a local Type C Arterial road. A neighbourhood Centre is designated on the north-west corner of Liberty Street and Longworth Avenue. Local corridors have a minimum density target of 40 units per hectare while internal neighbourhoods have a minimum density of 13 units per hectare. The proposed townhouse development will have a density of approximately 53 units per hectare and the single detached dwellings have a density of approximately 19 units per hectare. 5.5 The intersection of Longworth Avenue and Liberty Street North is identified as being a prominent intersection. At prominent intersections buildings shall be designed to provide a community focal point by having appropriate massing, high quality building materials, building articulation on both street frontages and architectural elements specific to a corner design. 5.6 The proposed development conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A) Zone", "Urban Residential Type One (R1) Zone", and "Urban Residential Exception (R2-15) Zone". Blocks 197, 198 and 199 of Plan 40M2332, as shown on Figure 1, were zoned R2-15 with the rest of the subdivision to the east and south. The R2-15 zone only permits single detached dwellings. 273 Liberty Street North was not part of that subdivision application and is zoned R1 and A. The lands at 273 Liberty Street will form part of the condominium lands and the single detached dwelling lands. 6.2 A Zoning By-law Amendment is required to permit the proposed condominium townhouse units and to zone the lands that will form the proposed single detached dwellings on Couvier Crescent. 7. Summary of Background Reports Functional Servicing and Stormwater Management Report, updated February 2018 7.1 A Functional Servicing and Stormwater Management Report was submitted in support of the applications. The report provides the details of how the proposed subdivision can be serviced (water, sanitary and storm) from existing and new infrastructure. 41 Municipality of Clarington Report PSD -042-18 Page 8 7.2 The townhouse condominium has been designed to direct stormwater, with the use of holding tanks and retaining wall, to the existing infrastructure on Longworth Avenue. The development will be serviced for water and sanitary by the existing infrastructure on Longworth Avenue, Liberty Street North and Courvier Crescent. Noise Report 7.3 A Noise Report was submitted in support of the applications. The study indicated that the townhouse units will be required to have central air conditioning and that the single detached dwellings will be required to accommodate central air conditioning. Appropriate conditions have been included in the conditions of draft approval. 8. Public Submissions 8.1 A statutory public meeting was held on December 4, 2017. The concerns raised during the meeting included the following: • Townhouses were not in keeping with the existing development along Longworth Avenue. The resident who spoke would prefer single detached which is what they were told would be developed when they purchased their home; • Noise and lighting concern from vehicles accessing the townhouses and the location of the private lane entrance onto Longworth Avenue; • Loss of property value with the introduction of townhouses in the neighbourhood; • Drainage and snow storage concerns given the existing grades of the subject lands; • Appearance and location of the lots on Courvier Drive, ensuring they are consistent with existing homes and are appropriately sited next to existing homes. 8.2 Since the public meeting staff have received correspondence from members of the public who spoke at the meeting reconfirming their concerns identified above. 8.3 The applicant has indicated to staff that they have been in contact with all members of the public who spoke at the public meeting to try and resolve the concerns raised at the meeting. One of the changes the applicant has proposed since the public meeting is to increase the landscaped area between the private laneway and the existing dwelling to the east. The applicant is proposing approximately a 6.5m (21ft.) landscaped area between the private lane and the property line to the east (See Figure 4). The proposed location of the private lane will have similar setbacks as a corner lot at the intersection of two public streets. Detailed landscape plans for this area will be required for approval through the site plan process. This will be reviewed to address visual and light trespass screening. 42 Municipality of Clarington Report PSD -042-18 Page 9 SOFT LANDSCAPE FHATURFiS THAT o INCLUDE TREES. SHRUBS AND PLANO AS WELL AS FENCING WILL BE PLACED ALONG THE PROPERTY ON THE CONDO SIDE TO MITIGATE DHIE.CPCAR HEADLIGHTS AND NOISE -11 kkA1 URP:5 WILL PKOYIDE PRIVACY 10 �•r' THE EXISTINGNEIGHBOORAT4d7 `amu -1 T l.[SY(iWD[JtT AYENi]E. •tied � 'r• 1 E • LS•� � � i _ 4 EX.. I.5+u CONN SN3EW7LK 7.SVL SIM x i } 5.� 5.50 5.50 821 `1 a {4 u its} Z' STREET NS ' P,us HYIRO METER I n I I 11 I N lE1E'i �I I f _ LOT 53 f• 2� SNOW _ STORAGE AREA Or, MMDPAWA&FDa EXISTING RESIDENTI) Figure 4: Buffer between private lane and existing dwelling to the east 8.4 The applicants have also altered how stormwater management will be addressed. Under the initial submission the stormwater would have drained towards Courvier Crescent. The proposal now will direct all the stormwater drainage to the existing infrastructure on Longworth Avenue eliminating any impacts on the properties on Courvier Crescent. 8.5 Lastly, the applicants altered the location of the western most dwelling on Courvier Drive to address the neighbours concern that the new dwelling would project in front of theirs (See Figure 5). 43 Municipality of Clarington Resort PSD -042-18 } LOT 2 } (5 Singles tG adopt zonin I � LOT I I i4� i x �x ,s 177 r] -LL BEMLED • 98 7HA7 R ALk M Luu#Lwr L T y+ r ;e Paae 10 Figure 5: Siting of single detached dwelling adjacent to existing west dwelling on Courvier Crescent. 9. Agency Comments Durham Region 9.1 Durham Region has no concerns or objections to the approval of the rezoning application, or the draft plan of subdivision, subject to conditions. The Region stated that the proposed subdivision complies with Provincial and Regional Planning Policy. Central Lake Ontario Conservation Authority 9.2 The Central Lake Ontario Conservation Authority support the rezoning application and the proposed draft plan of subdivision, subject to conditions. There are some technical issues related to the treatment of stormwater associated with the townhouse development that the conservation authority identified in their comments. The conservation authority indicated they believe these detailed issues can be addressed through the site plan process. MI Municipality of Clarington Report PSD -042-18 Page 11 Other Agencies 9.3 Rogers, Enbridge, Veridian, Canada Post and the Kawartha Pine Ridge District School Board indicated they had no objections to the proposed applications. Canada Post indicated conditions that will need to be met through the draft conditions. 10. Departmental Comments Engineering Services Department 10.1 Engineering Services has no objections to the draft approval of the subdivision subject to conditions which will be addressed through the conditions of draft approval and site plan agreements. Engineering Services is satisfied that the stormwater management for the condominium will be accommodated on the condominium lands and not impact the single detached dwellings on Courvier Crescent. Fire and Emergency Services 10.2 Fire and Emergency Services has no objections to the draft plan of subdivision or rezoning provided requirements for fire routes are implemented through the site plan process. Accessibility Committee 10.3 The Accessibility Committee had no objections to the applications. The Committee recommended that the townhouse condominium designate a safe pathway or internal sidewalk from the visitor parking to the units. The applicant has revised the concept to include a walkway within the proposed townhouse condominium. Operations Department 10.4 The Operations Department has no objections to the proposed draft plan of subdivision or rezoning applications. Building Division 10.5 The Building Division has no objections to the draft plan of subdivision or rezoning applications. Detailed building code related comments for the townhouse condominium will be addressed through the site plan process. 11. Discussion 11.1 The subject lands are located at south-east corner of the intersection of two arterial roads, Liberty Street North and Longworth Avenue, along a local corridor. The Official Plan envisions a primarily medium density development along local corridors in the form of low or mid -rise development. 45 Municipality of Clarington Report PSD -042-18 Page 12 11.2 The subject lands have frontage onto two arterial roads at a signalized intersection and a local road, Courvier Crescent. The signalized intersection and arterial roads significantly limit the entrance opportunities along Liberty Street North and Longworth Avenue. The Region of Durham had previously indicated that individual driveways onto Liberty Street North would not be permitted. The internal laneway will manage the flow of traffic and improve safety by limiting access and conflict points in close proximity to the intersection of Liberty Street and Longworth Avenue. 11.3 The proposed development meets the minimum density targets of the Official Plan while integrating into the existing neighbourhood. The proposed development will address all three of the street frontages. Single detached dwellings fronting onto Courvier Crescent will maintain the character of the existing internal neighbourhood. The dual frontage townhouse development will address both Liberty Street North and Longworth Avenue, similar to existing townhouses on the south-west corner of the intersection. 11.4 The townhouse development meets the two parking space per unit requirement of the Zoning By-law. For 18 of the 20 townhouse units the applicant has provided driveways are between 9.5m and 11 m in length. The average family car, not including trucks or larger SUVs, range generally from 4.6m to 4.9m in length. The additional driveway length will provide options for home owners to park additional vehicles in their driveway provided they do not have large vehciles. The developemnt includes 5 visitor parking spaces as required by the by-law. 11.5 The townhouses will appear as two storeys from both Liberty Street and Longworth Avenue; however, due to the grade of the site the rear of the townhouses fronting onto the private lane will be three storeys. The final design of the townhouses has not been completed but the applicant submitted concept designs shown in Figures 6 and 7. f .--_ TF tt'17n + of Figure 6: Design concept of front of townhouses facing Liberty Street North and Longworth Avenue. Municipality of Clarington Resort PSD -042-18 Paqe 13 Figure 7: Design concept of rear of townhouses facing private lane. 11.6 The applicant has been in contact with members of the public who identified concerns with the initial proposal. The applicant has proposed alterations to the original proposal to address the concerns raised while still achieving the goals of the Official Plan. 11.7 A site specific Urban Residential Type Two (R2) Zone is recommended for the single detached dwellings and a site specific Urban Residential Type Three (R3) Zone is recommended for the townhouses. The site specific R2-54 is a zone that has been used in many other subdivisions in Bowmanville and meets many of the development provisions that the existing single detached dwellings are subject to. 11.8 A holding symbol will be placed on the subject lands in order to ensure that all the subdivision and site plan requirements are met prior to development. 11.9 The applicant will be required to submit a site plan application for the townhouse condominium. Once the site plan has been approved staff will report to Council on the draft plan of condominium approval. 12. Concurrence Not Applicable. 13. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the applications for draft plan of subdivision and rezoning to permit five single detached dwellings and 20 townhouse condominium dwellings be approved. 47 Municipality of Clarington Resort PSD -042-18 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: David Crome, MCIP, RPP Director of Planning Services Reviewed by: Paae 14 Andrew Allison, B. Comm, LL.B CAO Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ext. 2424 or bweiler@clarington.net Attachments: Attachment 1: Conditions of Draft Approval Attachment 2: Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. BW/CP/DC/aw I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2017\ZBA2017-0027 273 Liberty St N\Staff Report\PSD-043-18\PSD-042-18.Docx IK Conditions of Draft Approval File Number: S -C-2017-0008 Issued for Review: April 18, 2018 Notice of Decision: Draft Approved: _ David J. Crome, MCIP, RPP Director of Planning Services Municiaality of Clarinaton Part 1 — Plan Identification Attachment 1 to PSD -042-18 The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C-2017-0008 prepared by Michael Smith Planning Consultants identified as job number 1152-00, dated August 26, 2017, as revised and dated February 23, 2018, which illustrates 5 single detached dwelling lots with a minimum frontage of 11.46 metres, 4 blocks for 20 condominium townhouse units with a minimum lot frontage of 5.5 metres, 1 block for common elements of the condominium and 1 block for road widening. The redline revisions are: A 0.3 metre reserve across the total frontage of Regional Road No. 14 (Liberty Street North). 2. A 0.3 metre reserve across the total frontage, with the exception of the approved entrance to the private lane, of Longworth Avenue. Part 2 — General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application-forms/subdivision- agreement.pdf 2.2 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.3 (1) The Owner shall be 100% responsible for the cost of the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as the exterior architectural design of each building has been approved by the Director of Planning Services, and the site plan application for the townhouse units is conditionally approved by the Director of Planning Services and the Director of Engineering Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales 2.4 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. Site Alteration 2.5 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 4.7. After registration of a subdivision agreement, the provisions of the Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. 50 Part 3 — Final Plan Requirements 3.1 The Owner shall transfer to the Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements: (a) A Road Widening as shown in Block 10 of the draft plan. (b) A 0.3 metre reserve across the total frontage of Regional Road No. 14 (Liberty Street North). Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration 4.1 The Owner shall submit the following plans and report or revisions thereof: Noise Report (1) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region of Durham Planning Department, for review and approval, an updated noise report, based on the preliminary noise report entitled Environmental Noise Assessment, prepared by YCA Engineering Limited, dated July 2017, Project No.Y1720. Functional Servicing (2) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation Authority for review and approval. Environmental Sustainability Plan (3) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan entitled Sustainable Development Plan, prepared by Marco LaMacchia, dated July 2017, to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. The plan shall include the location of a shade tree, or provision for a voucher from a local nursery to allow the purchaser to acquire a shade tree to provide passive solar gain during the various seasons. Soils Management Plan (4) Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting, but not limited to, any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed 51 stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Dust Management Plan (5) Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on-site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Part 5 —Special Terms and Conditions to be Included in the Subdivision Agreement 5.1 Lands Requiring Site Plans The owner shall not make an application for a building permit in respect of Lots Blocks 6, 7, 8 or 9 until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. 5.2 Front -Ending Contribution The owner acknowledges that certain works, services and facilities which directly benefit the Lands were constructed, paid for or otherwise provided by certain earlier developing landowners. The Owner further acknowledges that the Municipality undertook to use its best efforts to recover a proportionate share of the cost of such works, services and facilities from future benefitting owners and to reimburse the front -ending owners accordingly. An Authorization to Commence shall not be issued for any Works unless the Owner has paid to the Municipality its proportionate share of such works, services and facilities, which amount the Municipality shall hold in trust for and on behalf of the front -ending owners. 52 5.3 Parkland The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under section 5.1. of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents 5% of the lands included in the draft plan and shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision S -C-2017-0008. 5.4 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report entitled Environmental Noise Assessment prepared by YCA Engineering Limited and dated July, 2017 (the "Noise Report"). (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report. (3) The Owner shall not allow the dwelling units within this Plan to be occupied until such time a Professional Engineer qualified to perform acoustical engineering services in Ontario certifies that the noise control measures have been properly installed and constructed. 5.5 Existing Structures The Owner shall obtain demolition permit(s) to remove all existing buildings and structures from the Lands, unless such buildings or structures are to be preserved for heritage purposes. Part 6 — Agency Conditions 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 53 (3) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (4) All land dedications, easements, sight triangles and reserves as required by the Region for this development must be granted to the Region free and clear of all encumbrances and in a form satisfactory to the Region's Solicitor. (5) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 6.2 Conservation Authority (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a. The intended means of controlling stormwater on the site and conveying stormwater flow from the site to an appropriate outlet, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines; and, b. The intended means of providing water quality treatment for the site in accordance with provincial guidelines; and, c. The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or related works, either during construction, or following construction; and d. Details on the types and use of Low Impact Development (LID) measures to be implemented within the development to assist in reducing stormwater runoff and encouraging infiltration; and e. Details on the infiltration of the soils with onsite testing. (2) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 54 (3) The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a. The Owner agrees to carry out the works referred to in Condition 6.2 (1) and (2) to the satisfaction of the Central Lake Ontario Conservation Authority. b. The Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. c. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on-site works. 6.3 Ministry of Culture, Tourism and Sport (1) No demolition, grading or other soil disturbances shall take place on the lands prior to the Ministry of Culture, Tourism and Sport confirming that potential adverse impact to the archaeological resources identified in the archaeological assessment prepared by The Archaeologists Inc., and dated July 25, 2017 have been addressed through measures such as preservation, resource removal, licensing and resource conservation requirements. 6.4 Canada Post Corporation (1) The developer will consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes or Lock box Assemblies (Mail Room). The developer will then indicate these locations on the appropriate servicing plans. (2) The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, as approved by Canada Post. (3) The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off. (4) The Builder/Owner/Developer will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. 55 (5) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Boxes or Lock Box Assemblies (Mail Room). The developer also agrees to note the locations of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Boxes or Lock Box Assemblies (Mail Room). (6) The owner/developer will agree to prepare and maintain an area of compacted gravel to Canada Post's specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. (7) The owner/developer will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post's concrete pad specification drawings. (8) The developer agrees to provide the following for each Community Mail Boxes or Lock Box Assemblies, and to include these requirements on the appropriate servicing plans: (if applicable) - Any required walkway across the boulevard, per municipal standards - If applicable, any required curb depression for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications) 6.5 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Engineering Services. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. 56 Part 7 — Standard Notices and Warnings 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: 7.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 6, 7, 8 and 9: "Purchasers are advised that sound levels due to increasing road traffic and the existing commercial development may interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment and Climate Change's noise criteria." (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 6, 7, 8, and 9: "The dwelling unit located on this lot has been equipped with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of the Environment's noise criteria." (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 1 to 5: "This dwelling unit was fitted with a forced air heating system and the ducting etc. sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MINISRY OF ENVIRONMENT AND CLIMATE CHANGE publication NPC -216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property)." (4) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 6, 7, 8 and 9: 57 "Despite the inclusion of noise control features in the design of the subdivision and individual units, noise levels from road and rail traffic and the existing/proposed commercial development may be of concern and may occasionally interfere with some activities of the dwelling occupants as the noise exposure level may exceed the noise criteria of the Ministry of the Environment." 7.5 Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: "Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision." Part 8 - Clearance 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning Services shall be advised in writing by, (a) the Region how Conditions 6.1 have been satisfied; (b) Central Lake Ontario Conservation Authority, how Conditions 6.2 have been satisfied; (c) Canada Post, how Conditions 6.4 have been satisfied; Part 9 — Notes to Draft Approval 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within five (5) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: PP (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (c) Veridian Connections, c/o Peter Petriw, P. Eng., Manager, Engineering and Construction, 55 Taunton Road East, Ajax, Ontario L1T 3V3. (d) Enbridge Gas Distribution, Sales Development Co-ordinator, 1350 Thornton Road South, Oshawa, Ontario LU 8C4. (e) Bell Canada, c/o John La Chapelle, Planner, Right of Way Control Centre, 100 Borough Drive, Floor 5 — Blue, Scarborough, Ontario M1 P 4W2. (f) Rogers Cable Inc., c/o Cindy Ward, 301 Marwood Drive, Oshawa, Ontario L1H 1J4. (g) Kawartha Pine Ridge District School Board, 1994 Fisher Drive, Peterborough, Ontario K9J 6X6 (h) Peterborough Victoria Northumberland and Clarington Catholic District School Board , The Peter L. Roach Catholic Education Centre, 1355 Lansdowne Street West, Peterborough, Ontario K9J 7M3 (i) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0008 273 Liberty\Conditions of Draft Approved\Conditions of Draft Approval_18'04'2018.docx 59 Attachment 2 to Report PSD -042-18 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 2017-0027; 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 Zone 14.6.54 as follows: "14.6.54 Urban Residential Exception (R3-54) Zone Notwithstanding Sections 3.16 i. iv); 3. 28 a. i); 14.1 a.; 14.3 a., b., c., e., f., and h. those lands zoned R3-54 on the Schedules to this By-law shall only be used for street townhouse dwellings subject to the following zone provisions: a. Lot Area (minimum) i. Interior Lot ii. Exterior Lot b. Lot Frontage (minimum) i. Interior Lot ii. Exterior Lot c. Yard Requirements (minimum) Front Yard or exterior side yard ii. Interior Side Yard 150 square metres 230 square metres 5.5 metres 8.2 metres 3.5 metres to a dwelling 2.0 metres to an unenclosed porch 1.5 metres, nil where building has a common wall with an adjacent building iii. Rear Yard 2.0 metres to a private street 5.0 metres to a dwelling 6 metres to a garage door iv. For the purpose of this zone the front lot line shall be the line dividing the lot from the improved public street. d. Special Yard Regulations Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.2 metres. e. Visibility Triangle (minimum) f. Lot Coverage 5.0 metres i. Townhouse dwelling and total of all buildings and structures 65 percent ii. a) In the case of an interior lot an unenclosed porch/balcony up to a maximum area of 10m2 is permitted in the front yard and is not calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15m is permitted in the front yard and is not calculated as lot coverage. g. Landscaped Open Space (Minimum) 25 percent h. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres No parking space shall be located in any front or exterior side yard 2. Schedule '3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Exception (R2-15) Zone" and "Agricultural (A) Zone" to "Urban Residential Exception (R2-54) Zone"; and "Urban Residential Exception (R2-15) Zone", "Agricultural (A) Zone" and Urban Residential Type One (R1) Zone" to "Urban Residential Exception (R3-54) Zone" as illustrated on the attached Schedule W. 61 3. This By-law shall come into effect on the date of its passage, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 62 This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. Longworth Avenue t: � 1 a� W Corvier Crescent ----------------- Zoning Change From "A" To "(H)R2-54" Zoning Change From "R2-15" To "(H)R2-54" Zoning Change From "A" To "(H}R3-54" IV Zoning Change From "R1"To "(H)R3-54" Zoning Change From "R2-15" To "(H)R3-54" IL Adrian Foster, Mayor Bowmanville • ZBA 2017-0027 • Schedule 3 C. Anne Greentree, Municipal Clerk 63 Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 14, 2018 Report Number: PSD -043-18 Resolution Number: File Number: ZBA2017-0035 By-law Number: Report Subject: An Application by Fourteen Estates Limited to rezone a 0.48 ha parcel to restrict the use of lands for open space purposes to allow for nitrate dilution to permit an additional two residential lots in Hampton Recommendations: That Report PSD -043-18 be received; 2. That the application to amend the Zoning By-law submitted by Fourteen Estates Limited be approved and that the Zoning By-law Amendment contained in Attachment 1 to Report PSD -043-18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -043-18 and Council's decision; and 4. That all interested parties listed in Report PSD -043-18 and any delegations be advised of Council's decision. • Municipality of Clarington Report PSD -043-18 Report Overview Page 2 This report recommends that Council approve a proposed Zoning By-law Amendment to zone the subject lands to a Special Environmental Protection Exception Zone. The purpose of the By -Law amendment is to restrict the use of lands for open space purposes and for dilution of nitrates from the septic systems of 11 residential lots on lands fronting on Ormiston Street in Hampton. The additional nitrate dilution area allows two additional lots to the nine lots that are currently permitted. 1. Application Details 1.1. Owner/Applicant: Fourteen Estates Limited 1.2. Agent: Carolyn Molinari — CM Planning Inc. 1.3. Proposal: Amend Zoning By-law 84-63 from "Agricultural Exception (A-1)" and "Environmental Protection (EP)" to a Special Environmental Protection Exception zone to restrict the use of lands for open space purposes and for dilution of nitrates to allow the creation of two additional building lots for single detached dwellings. 1.4. Area: 0.48 hectares 1.5. Location: Part Lot 17, Concession 5, former Township of Darlington 1.6. Roll Number: 1817-010-120-09822 and 1817-010-120-09700 1.7. Within Built Boundary: No 2. Background 2.1. The proposal is to rezone 0.48 hectares of land to a special Environmental Protection Exception Zone to restrict the use of lands for open space uses for the dilution of nitrates from nearby residential development. The approval of this rezoning application would permit an additional two residential lots fronting onto Ormiston Street in Hampton. 65 Municipality of Clarington Report PSD -043-18 O Nitrate Dilution Area stormwater overland Flow Area Previously Severed Lots Potential LD 055-2014 Proposed New Lot Hamlet 0 LD 056-2014 Proposed New Lot Boundary \ �\h Xpa , slon v' Subject Site � I I I I I I I I I I � 7�;.�- 7� I l O� ti 7. 201 -0035 Figure 1: Proposal including Lands for Potential Future Development Page 3 2.2. At the public meeting in February, members of Council requested copies the hydrogeological reports related to the application. Hydrogeological reports for these lands go back to 2001 which included the initial application to create lots on the north side of Ormiston Street. There are 15 reports in total done by different hydrogeologists and peer reviewers. On February 28, 2018, Mayor and Members of Council were circulated the final six reports and addenda which address the proposed two additional lots. 2.3. Also, at the public meeting held in February, Council requested that the Durham Region Hydrogeologist be present when the subject application returns to Committee, as a means to provide clarification and answer Council questions. Regional staff are not able to attend this meeting and the peer reviewer declined the request to attend the meeting. In consideration of these events the applicant has indicated that their consultant from GHD would be present at the meeting, should Committee have questions or need clarification on the hydrogeology. . • Municipality of Clarington Report PSD -043-18 Page 4 2.4 When OPA 107 was adopted on November 1, 2016, it included an expansion to the hamlet boundary as shown on Figure 1. The Region, in approving OPA 107 deferred the expansion to the Hampton Hamlet boundary. The decision to defer the expansion, as well as the size of the expansion was appealed by 562503 Ontario Ltd. and Honey Harbour Heights Estates Ltd, which are both companies associated with Fourteen Estates limited, the applicant for this rezoning. The subject lands if rezoned for nitrate dilution associated with the two additional lots fronting on Ormiston Street could not be used in future considerations of the hamlet expansion. 2.5 The Hydrogeological Update submitted in support of the application, as well as the peer review are summarized in Section 7 of this report. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are 0.48 hectares (1.2 acres) in area and are located directly adjacent to a number of existing developed and undeveloped rural residential lots created by way of consent, fronting onto Ormiston Street in Hampton. The lands slated for nitrate dilution are vacant and wooded with some mature vegetation, and form part of the Natural Heritage System. Figure 2: Aerial view of subject lands 3.2 The surrounding uses are as follows: North - Vacant Environmental Protected and Agricultural Lands South - Hampton Junior Public School and Residential Dwellings East - Residential Dwellings, Environmental Protected and Agricultural Lands West - Residential Dwellings 67 Municipality of Clarington Report PSD -043-18 4. Provincial Policy Provincial Policy Statement Page 5 4.1 The Provincial Policy Statement identifies settlement areas, including hamlets, as the focus of growth. Private sanitary sewage and water services are permitted where there is no negative impacts. The purpose of the nitrate dilution area is to ensure no negative impacts. 4.2 The subject application is consistent with the Provincial Policy Statement. Greenbelt Plan 4.3 The subject lands are within the Protected Countryside of the Greenbelt whereas the residential lots are within a hamlet settlement area. Infill and intensification of Hamlets is permitted subject to appropriate water and sewage services. The application to rezone the lands for nitrate dilution is to serve proposed and new residential development on lands fronting on Ormiston Street, within the settlement area. The subject lands will be placed in restrictive zoning so that the land cannot be used for another use. 4.4 The application conforms to the Greenbelt Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject lands as Prime Agricultural Areas and Hamlet. The subject lands will be in a site specific zoning restricting the use of the subject lands. 5.2 The application conforms to the Durham Regional Official Plan. Clarington Official Plan 5.3 Within the Clarington Official Plan the subject lands are designated Hamlet Residential and Environmental Protection. The subject lands will be in a site specific zoning restricting the use of the subject lands. 5.4 The application conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)", and "Environmental Protection (EP)". The rezoning application will rezone 0.48 hectares to a Special Environmental Protection Exception Zone to acknowledge the use and purpose of the lands for nitrate dilution serving proposed residential development on lands fronting on Ormiston Street subject to applications LD055/2014 and LD056/2014. Municipality of Clarington Report PSD -043-18 7. Summary of Background Studies Hydrogeological Update Page 6 7.1 The applicant retained GHD Limited to prepare a Hydrogeological Update, Nitrate Impact Assessment, Ormiston Street, Hampton, ON in favour of the development of two additional lots. The report, dated December 13, 2016 provides an updated nitrate loading assessment for an 11 -lot residential development. The report's key conclusion are as follows: Based on the previous hydrogeological work completed at this Site that the addition of 11 lots will have no impact to the on-site or off-site wells that tap the deeper aquifer; and The nitrate impact assessment model can be made acceptable by the addition of 0.48 hectares. Hydrogeological Peer Review 7.2 The Region of Durham retained Golder Associated Ltd to peer review the GHD report, Hydrogeological Update, Nitrate Impact Assessment, Ormiston Street, Hampton. The key conclusions to the peer review, dated April 11, 2017 are as follows; The Peer Reviewer is in agreement that the Hydrogeological Update provided as it generally supports the development of 11 lots on 5.66 hectares plus an additional 0.48 ha of land to be used for nitrate dilution purposes; Future development and sources of nitrate should be prohibited on the 0.48 hectare of land that has been identified for nitrate dilution purposes. GHD Limited Addendum Letter, Response to Hydrogeological Comments, Municipality of Clarington 7.3 The applicant retained GHD Limited to prepare an addendum letter, dated May 11, 2017, to address the Municipality of Clarington comments dated May 9, 2017. The Addendum Letter addresses concerns mainly related to the impact to on-site or off-site wells. The letter summarizes that the future wells of this development will have minimal impact on wells drawing water from this aquifer. The letter further states that no impacts from properly constructed septic disposal systems is expected to existing dug/bored wells or deeper drilled wells in the area. GHD Limited Addendum Letter #2 7.4 The applicant retained GHD Limited to prepare a second addendum letter, dated August 10, 2017, to address further correspondence between external agencies and the applicants. The second Addendum Letter provides information on the 0.48 hectares of land needed for nitrate impact assessment calculations for the addition of 2 lots for a total of 11 lots. The letter explains that the area identified for nitrate dilution purposes is downgradient of the proposed severed lots and that groundwater naturally travels Municipality of Clarington Report PSD -043-18 Page 7 westerly towards these lands. The dilution lands will not be developed in the future since they are part of an environmental area and cannot be used in future nitrate calculations. 8. Public Submissions 8.1 At the public meeting held on February 20, 2018, six residents addressed the Planning and Development Committee with concerns regarding the proposed zoning that would allow the creation of two additional lots. Two of the residents also submitted follow up e- mails to Staff reiterating their opposition to the proposed rezoning. 8.2 The residents' concerns from the comments made at the public meeting and the written submissions related to a number of items, including tree removal, fill on existing lots fronting onto Ormiston Street, CLOCA involvement, reversing the decision of the Land Division Committee, stopping future development on lands to the north, construction works, and clarification regarding nitrate dilution. These concerns are addressed in Section 11 of this report. 9. Agency Comments Regional Municipality of Durham 9.1 The Regional Municipality of Durham, Planning and Economic Development Department has no concerns with the rezoning application. Central Lake Ontario Conservation Authority 9.2 The Central Lake Ontario Conservation Authority has no objection to the approval of the rezoning application. 10. Departmental Comments Engineering Services 10.1 The Engineering Services Department has no objection, in principle, to the application. Building Division 10.2 The Building Division has no comments regarding the application. 70 Municipality of Clarington Report PSD -043-18 Page 8 11. Discussion 11.1 Both the consultant's work and the Region's peer review support the applications. The proposed nitrate dilution area is outside the Hamlet boundary and will be taken into account during consideration of development opportunities in the future should the Hamlet boundary be permitted to expand. It is Clarington's practice to place any additional land required for nitrate dilution beyond the limits of the proposed lots (0.48 hectares according to the Hydro -geological Study) in a restrictive zone so that the land cannot be used for another use. 11.2 As mentioned, at the public meeting, six residents addressed the Planning and Development Committee with concerns regarding the proposed zoning and two of the residents also submitted follow up e-mails reiterating their opposition to the proposed rezoning. The residents' concerns are reviewed in Sections 11.3 to 11.11. Tree removal on 5439 Old Scugog Road, Hampton 11.3 Mrs. Wallace purchased the property at 5439 Old Scugog Road from Mr. Ricciuto on July 24, 2014. Mr. Ricciuto was the applicant for the original Official Plan Amendment and Rezoning to allow the creation of the lots on Ormiston Street. Prior to Mr. Ricciuto selling the parcel he had registered an easement on the property to allow for stormwater management works associated with the lots being created on Ormiston Street. This included the removal of trees. A tree preservation plan had been prepared by Henry Kortekaas & Associates and approved by the Municipality of Clarington. Tree cutting was approved for the area shown on Figure 3. 11.4 The Tree Preservation Plan shows the required tree removal on the area of the property subject to the drainage easement. Henry Kortekaas inspected the site on March 6, 2018 and confirmed that the grading and tree removal was implemented as designed. 11.5 Based on the verbal and written submissions, it appears that Mrs. Wallace was not aware of the easement over the property located at 5439 Old Scugog Road and the works approved to be done on the easement lands when the property was purchased. Further, it appears that the Owner and/or contractor did not provide any notice to Mrs. Wallace prior to the tree removal commencing. Although the timing is unfortunate and the communication was poor, the work was done according to the approved Tree Preservation Plan as confirmed by Mr. Kortekaas and as per the easement documents. 71 Municipality of Clarington Report PSD -043-18 Page 9 1012 0 17 fl?r 5439 Old 5cugog �. w „� `# +• ".' Approved Tree CUIGng * Nesta dilution Alba # T Ove nand Flew lma L'O�r7-003 '�T y' 45$4e�4a'JfSP Figure 3: Approved Tree Removal Increased Amount of Fill on Existing Lots fronting onto Ormiston 11.6 At the public meeting, a neighbouring resident expressed concerns with the fill being imported to the lots prior to construction. Clarington Engineering Services Department confirmed that each lot which has been built up fronting onto Ormiston Street have approved lot grading plans along with the approval of the building permits. The amount of fill was reviewed and approved through this process. Clarification on how nitrates will be diluted to the rezoned lands 11.7 The nitrate dilution area shown in Figures 1 and 3 were identified as appropriate dilution areas since the lands are located downgradient of the lots to be constructed east of the watercourse. Based on the submitted Hydrogeological Reports, the groundwater is noted to travel in a westerly direction, rendering the lands subject to the proposed rezoning the most appropriate for nitrate dilution. Further, the nitrate dilution area will 72 Municipality of Clarington Report PSD -043-18 Page 10 remain undeveloped with the two additional lots. This area cannot be used in future nitrate calculations should future development proceed to the north. Central Lake Ontario Conservation Authority Involvement 11.8 A question was raised as to whether the Central Lake Ontario Conservation Authority (CLOCA) had been involved with the review of the application and whether there were any concerns from their perspective. CLOCA was circulated the rezoning application for comments on November 22, 2017. Based on the comments received on January 25, 2018, the conservation authority supports the area being designated for nitrate dilution and has no objection to the approval of the rezoning. CLOCA also reviewed the consent applications and did not object to the lot creation. Reversal of Land Division Decisions 11.9 Planning Staff contacted the Durham Regional Land Division Committee for information regarding the public circulation sent out advertising the two applicable land division applications. Based on information provided by the Durham Region Land Division Committee, as per the Planning Act Requirements, public notice was circulated to all residents within 60 metres. The applications were tabled at the July 25, 2014 meeting and tabled several times after that. Following the initial mail out, only residents and interested parties that made written submissions would have received a copy of any future notices relating to the applications and of the decision. In the case of these applications, no residents or interested parties came forward for the July 25, 2014 meeting and therefore, no further material was sent out. The appeal period for the decision has expired. Preventing Development north of the Current Proposals (Hamlet Boundary Expansion) 11.10 Currently, there is no approval in place or formal development applications proposed for the lands to the north of the proposed lots. When Official Plan Amendment 107 (OPA 107) was adopted on November 1, 2016, it included an expansion to the hamlet boundary. The Region, in approving OPA 107 deferred the expansion to the Hampton Hamlet boundary. The decision to defer the expansion, as well as the size of the expansion was appealed by 562503 Ontario Ltd. and Honey Harbour Heights Estates Ltd, which are both companies associated with Fourteen Estates limited, the applicant for this rezoning. All interested parties related to this application will be added to the Interested Parties list for the appeal to the hamlet expansion. Construction Works 11.11 At the public meeting, many residents' concerns were related to the behaviour of construction employees to date, with the construction of the existing dwellings by Fourteen Estates, fronting onto Ormiston Street. At the Public Meeting, Carolyn Molinari provided business cards for the site supervisor for any resident who wanted to have direct contact to express ongoing concerns. Staff have not received any complaints. 73 Municipality of Clarington Report PSD -043-18 Page 11 In the future residents should be encouraged to contact Municipal Law Enforcement or the Engineering Department. 12. Concurrence Not Applicable. 13. Conclusion In consideration of all agency, staff and public comments and given that this application is to implement a decision of the Durham Land Division Committee, it is respectfully recommended that Council approve the application to amend Zoning By-law 84-63 (see Attachment 1). 14. Strategic Plan Application Not applicable. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Amanda Tapp, Planner, 905-623-3379 ext. 2420 or atapp(a-)clarington.net Attachments: Attachment 1 — Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. AW/CP/DJC/nl c\'vepartment\LUU NEvv F iLING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0035 Ronoeau_Ormiston\Staff Report\Recommendation Report\PSD-043-16.u0cx 74 Attachment 1 to Report No. PSD -043-18 Corporation of the Municipality of Clarington By-law Number 2018 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2017-0035; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `1' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Environmental Protection (EP)" to "Environmental Protection Exception (EP -7) " as illustrated on the attached Schedule `A' hereto. 2. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 75 This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. 82 T ZO 61 51 A 3� `''�`�� �o 6 21 !�� y rn Vrc 55615 PaN �� � ON �` 561:: �, `-a co 55$5 yZ 00 26 6 5565 2p 7� 19 CPI 16Y15 11 551 p, 1 RRry A 3 � LO OWO Ib �NCO Gj� QJ M Dc� q �GJ� N � P� � 6' 72 Q�hNO - Zoning Change From 'EP' to 'EP -7' " s Darlington • ZBA 2017-0035 • Schedule 1 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 76 From: info(d)clarinaton.net on behalf of Zeeshan To: ClerksDeoartment(a clarinaton.net Subject: MODO Townhomes Date: May -10-18 4:32:03 PM We just got a bomb dropped on us by a press release that Modo Townhomes which we bought back in Spring 2016 is now in jeopardy.The prices have gone up so much we can't even think of going back into the market and buying it on the current market value. This is unfair to us as our dreams are being shattered.We were getting ready to move into our townhouse with a firm closing date from the builder of Oct 2018 and hearing this news is totally unacceptable. New density requirement should apply to new plans or future developments NOT to people/buyers who have already bought the houses and sitting in queue for over two years. Origin: haps://www.clarington.net/en/Modules/contact/search.aspx?s=YEjYQAlj249h68rjQjFB,gweQuAle uAl This email was sent to you by Zeeshan<zsakander@gmail.com> through hps://www.clarington.net/. Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 14, 2018 Report Number: Addendum 2 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: That Report PSD -024-18 and the Addendum Reports be received; Option A 2. That the revised Zoning By-law Amendment application (ZBA 2016-0010) to permit a 414 unit development submitted by MODO Bowmanville Towns Ltd. be approved and the by-law passed as contained in Attachment 1 to Addendum 2 to Report PSD -024-18; Or Option B 2. That the revised Zoning By-law Amendment application (ZBA 2016-0010) submitted by MODO Bowmanville Towns Ltd. be denied and that the previous proposal for 103 unit townhouse project be approved and the Bylaw passed as contained in Attachment 2 to Addendum 2 to Report PSD -024-18; 3. 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, minimum landscape open space and setbacks to a private street provisions of the zoning for the subject lands, if necessary; 4. 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; Municipality of Clarington Addendum 2 to Report PSD -024-18 Page 2 5. 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 6. That all interested parties listed in Addendum Report PSD -024-18 and any delegations be advised of Council's decision. Municipality of Clarington Addendum 2 to Report PSD -024-18 Report Overview Page 3 This is the second Addendum report to PSD -024-18. During the consideration of the higher density proposal for MODO South, concerns arose from people who had entered into conditional agreements to purchase a townhouse in the proposed common elements condominium project. As a result Council referred the report to the May 14, 2018 Planning and Development Committee meeting. On May 7, 2018, Katlin Corporation forwarded a letter to Council regarding their proposal to address concerns by purchasers of units in MODO South. Their letter states that in the event that Council decides to approve the higher density project on the MODO South site, "every single customer who took a reservation to buy at MODO South will be given the opportunity to buy a unit of the same size and floorplan at the exact same price in the Modo Urban Towns or another one of our projects this year". Staff continue to recommend the approval of the revised rezoning application for a 414 unit townhouse and apartment development with an overall minimum density of 170 units per hectare. Land use planning decisions should not be based on concerns regarding conditional sales agreements. To do so could distort the planning process and Municipal land use policies. 1. Background 1.1 After 18 months of trying to negotiate a higher density design for the MODO South site, at the March 12, 2018 Planning and Development Committee staff recommended that the proposal for rezoning for a 103 unit condominium townhouse development be denied. Council subsequently referred the matter back to staff to review alternatives with Kaitlin. 1.2 At the April 23, 2018 Planning and Development Committee, an addendum report was prepared to outline a revised proposal for a 414 unit condominium project comprised of two apartment buildings and back-to-back stacked townhouses. Addendum to Report PSD -024-18 is attached (Attachment 1). At the Public Meeting four residents spoke regarding concerns about the proposed development, primarily the density, traffic and safety, although there was some recognition of the transition from higher to lower density. One of those residents indicated that she had entered into a conditional agreement with Kaitlin to reserve a unit and had made a deposit. Her concern was that with the increase in housing prices since 2016, she would no longer be able to afford a similar unit. Municipality of Clarington Addendum 2 to Report PSD -024-18 Page 4 1.3 At the April 30, 2018, meeting, Council heard delegations from Vito Petruzzelli and Julie Heaton regarding their reservation agreements to purchase townhouse units within a future common -elements condominium. Council passed a resolution (as amended later in the meeting) as follows: Resolution # C- 129- 18 Moved by Councillor Partner seconded by Councillor Neal That Addendum Report PSD -024-18 be referred to the May 14, 2018 Planning and Development Committee meeting. 1.4 Since that meeting, Council and staff have received written submissions from 11 purchasers. 2. Discussion Conditional Agreements 2.1 It is now apparent that Kaitlin was marketing units in MODO North and MODO South shortly after submitting their applications for rezoning and draft plan of subdivision. The general timeline is as follows: • The applications were filed in April and deemed complete on May 9, 2016. • On May 25, 2016 a Public Information Centre was conducted for residents and businesses within 120 metres of the site. • On May 28, 2016 Kaitlin commenced sales of the MODO development. • On June 6, 2016 a Public Meeting was held by the Planning and Development Committee. • On March 19, 2017 the first phase of the MODO North development was rezoned. • On April 25, 2017 draft approval was issued for the draft plan of subdivision. • On September 22, 2017 the plan of subdivision was registered. • On March 19, 2018 the remaining phases of MODO North were rezoned. • On March 19, 2018 staff recommended the denial of the MODO South application. Municipality of Clarington Addendum 2 to Report PSD -024-18 Page 5 2.2 Residents with conditional agreements have advised that the sale of MODO projects commenced on May 28, 2016. The people who have contacted the Municipality indicated that they entered into agreements with Kaitlin in May and June of 2016. The conditional agreements are purchase and sale agreements with a reservation clause that provided for the agreement to become binding upon Kaitlin issuing a Notice of Draft Approval. Kaitlin has advised that they have not provided such a notice. 2.3 The MODO South lands remain zoned Agriculture (A). The application as submitted by Kaitlin has not been recommended for approval due to non -conformity with the Official Plan. Staff's efforts through 2016 and 2017 focused on ensuring that various applications in the vicinity of the future GO Rail station were designed at densities that are transit -supportive and provide a greater array of housing and accessibility opportunities appropriate around a Transportation Hub. 2.4 The Municipality was not a party to the conditional agreements. The commitments contained in those contracts are a private matter outside of the scope of the planning process. Kaitlin's Letter offering units in the MODO Brookhill Project 2.5 On May 7, 2018 Kaitlin submitted a letter (Attachment 2) to Council outlining their intensions to treat customers fair and equitably addressing concerns regarding the lapse of time and the change in housing prices. The letter advised that "every single customer who took a reservation to buy at MODO South will be given the opportunity to buy a unit of the same size and floorplan at the exact same price in the MODO Urban Towns or another one of our projects this year." 2.6 The MODO Urban Towns project on Brookhill Boulevard is hereafter referred to as MODO Brookhill. The development project is located between Boswell Drive and Green Road on the south side of Brookhill Boulevard and immediately north of Walmart and Canadian Tire (see Figure 1.) Municipality of Clarington Addendum 2 to Report PSD -024-18 Page 6 o N oRE CECT.; � 4�RpYp�A i Q,'O O &ROO khi/j kH1LC BO 1 410,0() �rO0 Va!!eylands Walmart Clarington Central. Secondary School Canadian Tire o _ ST EV ENS F20AU-1J a STCVENS ROAD o- ., Home -me Depot _ a TT�G.B. Rickard Complex UPF WN AVE I - r !„ .., s S <<p t tia • ., ,'' 7 _ _ - :DURHAM H4GHWAY 2 _ B0NA7IypNMV.7NORS CRSS - , x'�•o ' - � �i � a ¢ w Existing Commercial 71 PRINCEWILLIAMBOULFD• esf o — - Municipal RUSTWOOD ST: m �<<o MODO ark Future Go Rail North Ai 0 s X51-55 m »M Clarington Blvd W o o MODO z South a 0 So OXti-Ey G7 0 _ Green A .� Parke • ��� _- FRY CRES i7 y IZBA 2016-001017 Figure 1: Location Map of MODO South and MODO Brookhill Municipality of Clarington Addendum 2 to Report PSD -024-18 Page 7 2.7 The recently revised project proposes three condominium blocks shown on Figure 2 as follows: Block 1: Mixed Use Site 4 Dual Frontage Townhouses Boswell Drive 10 Back -to -Back Townhouses 88 Apartment units in a Six Storey Building Block 2: Townhouse Site 57 Dual Frontage Townhouses Brookhill Boulevard 54 Back -to -Back Townhouses Block 3: Apartment Site 118 Apartment units in a Six Storey Green Road Building 2.8 MODO Brookhill project is located within the Bowmanville West Urban Centre. It is comparable in many ways with the MODO South project with easy access to commercial areas, schools, existing parks, valleyland areas and trails with the exception of not being located adjacent to the railway and future GO Rail station. It is also further away from the high density area around the Transportation Hub. 2.9 Kaitlin is the only developer currently building back-to-back townhouses. There were 61 back-to-back townhouses in MODO South. The MODO Brookhill site can accommodate both back-to-back and dual frontage townhouse units. Block Bock 2 a ..• �. Block• - Dual Frontage Townhouses Dual Frontage Townhouses - Back-to-back Townhouses Apartment Buildings Figure 2: Preliminary Site Plan for MODO Brookhill Municipality of Clarington Addendum 2 to Report PSD -024-18 Page 8 2.10 It should be noted that the MODO Brookhill project has had one public meeting but has not been rezoned as yet. A revised application has recently been submitted and is scheduled for a public meeting in June. Staff would take all appropriate steps to move this application forward in an expeditious manner but the regular planning approval process would be followed, including input from surrounding residents will be considered. The MODO Brookhill project has been revised so that it now conforms with the Official Plan. MODO South Rezoning Options 2.11 Further to Council's discussion, staff have prepared two zoning by-laws for consideration: Option A (Attachment 3) is based on the revised proposal prepared in discussions with staff and Kaitlin. It provides for the 414 unit condominium proposal containing a mix of apartments and stacked back-to-back townhouses. It is staff's recommendation that this option be approved based on the rationale provided in Addendum Report 1. Option B (Attachment 4) is based on the original proposal for a 103 unit common - element condominium block with back-to-back townhouses on the interior and dual frontage townhouses adjacent to Green Road and Prince William Boulevard. 2.12 Both by-laws have been reviewed by Kaitlin's planner and architect. The zoning amendment contained in Option B maintains many of the same performance standards contained in the zoning by-law for MODO North. MODO South Site Plan 2.13 The MODO South site plan application was submitted in October 2016 but it has not been fully reviewed by Planning staff due to the ongoing discussions. From an architectural view, the units are very similar to MODO North and there would only be minor changes, if any. However, if Council were to direct staff to proceed with Option B and approve a lower density zoning on the site, staff would be seeking changes to the site layout through the site plan approval process generally as follows: • Revising the location of the dual frontage townhouses to comply with performance standards used in MODO North. • Relocating the amenity area away from the entrance, where there would be more traffic as vehicles enter the site, and relocating it to a more central location with less traffic; • Relocating the first bank of back-to-back townhouses to be parallel to the street south of the dual frontage townhouses on Clarington Boulevard; • Providing an open space connection from Green Road and Clarington Boulevard to the Amenity Area; and Municipality of Clarington Addendum 2 to Report PSD -024-18 Page 9 Figure 3: Site Plan Considerations 3. Concurrence Not applicable. 4. Conclusion 4.1 Staff continue to recommend that Option A be approved to allow a 414 unit condominium comprised of apartments and stacked townhouses with a density of 173 units per hectare. 4.2 Kaitlin has agreed to provide people who entered into conditional agreements in MODO South with the same type of units in the MODO Brookhill project within the Bowmanville West Urban Centre. In staff's view, this is a very positive step. 4.3 Decisions on planning applications should be based on the planning merits of the application. Private contracts between developers and purchasers should not become the basis for a planning decision as it could distort the planning process and the land use policies that Council has established. 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Municipality of Clarington Addendum 2 to Report PSD -024-18 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Director of Planning Services Page 10 Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott(a-clarington.net DJC/nl Attachments: Attachment 1 — Attachment 1 — Addendum 1 to Report PSD -024-18 (Please go to link) Attachment 2 — Letter from Devon Daniell, Kaitlin Corporation dated May 7, 2017 Attachment 3 — Proposed Zoning By-law Amendment for 414 unit development Attachment 4 — Proposed Zoning By-law Amendment for 103 unit development The list of the interested parties to be notified of Council's decision is available in the Planning Services Department. May 7, 2018 Mayor's Office 40 Temperance Street Bowmanville, ON L1C 3A6 RE: Addendum to Report PSD -024-18 (MODO South) Dear Mayor Foster and Members of Council, Attachment 2 to Addendum 2 to PSD -024-18 M0 DO fV ODEPN DOWNTOWN I would like to take another opportunity to respond to some comments made at the Council Meeting on April 30th and reiterate our position on this matter. I do not want to go over all of the planning arguments for/against both the original and higher density plans for Modo South here, as I believe this has been done extensively by your staff and our consultants to this point. What I do want to do is advocate for a final decision one way or another by Council on May 14th. Aside from getting construction going, our customers need to be able to make their own financial and life decisions in this softening real estate market. There were a number of questions surrounding our customers and their ability to move into this market and community that I'd like to address more specifically right now with the hope that further transparency helps expedite a decision. I can unequivocally say that regardless of what your decision is, we will treat our customers the same way we always have: fairly and equitably. In the event of a decision to go with the requested higher density plan: every single customer who took a reservation to buy at Modo South will be given the opportunity to buy a unit of the same size and floorplan, at the exact same price at Modo Urban Towns or another one of our projects this year. Modo Urban Towns (current name) is a project 500 meters north on Green Road with some of the exact same types of homes. The units are essentially the same design as Modo South, save for a few minor changes related to slightly different elevation style choices between the two projects. The project planning is well underway with your staff and we are hoping to have a public meeting in June and obtain approvals in September. In closing I'd like to again stress our strong desire for a final decision on Modo South on May 14th. Our goal is to get our customers into some form of Modo townhouse in Bowmanville and we need some closure on this site before we do that. Yours truly, Modo Bowmanville Towns Ltd. Devon Daniell A. S. 0. CC: Municipal Clerk 28 Sandiford Drive, Suite 201, Stouffville, ON L4A 11-8 T 905-642-7050 F 905-642-8820 E info@kaitlincorp.com W kaitlincorp.com Attachment 3 to Addendum 2 to 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. Parking Aisle Width (minimum) 6.5 metres e. 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. f. Bicycle Parking (minimum) i) 0.5 space per dwelling unit ii) 75% of the required spaces shall be within a building or structure. g. Minimum outdoor amenity space 4 square metres per unit" h. Required amenity space and parking spaces may be provided in adjacent R4-43 Zone. i. 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. j. 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. and c. i) and ii), 15.2 g., 15.2 h., 15.2 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. Parking Aisle Width (minimum) 6.5 metres e. 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. f. Bicycle Parking (minimum) i) 0.5 space per dwelling unit ii) 75% of the required spaces shall be within a building or structure. g. Minimum indoor amenity space 2 square metres per unit h. Minimum outdoor amenity space 4 square metres per unit" Required amenity space and parking spaces may be provided in adjacent R3-55 Zone. 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)R3-55) Zone" and Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R4-43) 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 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; 5. 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 12018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. Q O O Z ry Q Z J LU U LU ryLU 0 U Z O QPRINCE WILLIAM BOULEVARD Z O M G� CLARINGTON BOULEVARD 0 LU P G 1� Zoning Change From "A" To "(H)R3-55" N Zoning Change From "A" To "(H)R4-43" Bowmanvilie • ZBA 2016-0010 • Schedule 3 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2016\ZBA2016-0010 MODO\Staff Report\Recommendation Apr 23 2018Wttachment 1 to Addendum Report PSD-024-18.docx Attachment 4 to Addendum 2 to Report PSD -024-18 Corporation of the Municipality of Clarington By-law Number 20-- being 0- 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, 14.2, 14.3 and 14.4, on those lands zoned "R3-55" on the Schedules to this By-law shall only be used subject to the following zone provisions: a. Permitted Residential Uses Link townhouse dwelling Stacked Townhouse dwelling b. Density i) minimum ii) maximum C. Lot coverage (maximum) d. Landscaped Open Space (minimum) e. Private Street Width (minimum) f. Outdoor Amenity Space (minimum) g. Building Height (maximum) h. Driveway Length (minimum) 43 units per net hectare 60 units per net hectare 50% 30% 6.5 metres 4.0 square metres per unit 12 metres 5.7 metres Regulations for Link Townhouse Dwellings 5.7 metres For the purpose of establishing regulations for each Link Townhouse Dwelling, the following specific regulations shall apply as if each unit is located on a lot. Where a Link Townhouse Dwelling Lot is a through lot with frontage on both a Public Street and a Private Street, the lot line along the Public Street shall be deemed the Front Lot Line. Lot Area (minimum) 100 square metres Lot Frontage on a Public Street (minimum) 4.5 metres Yard Requirements for units fronting onto Public Street (minimum) a) Front Yard and Exterior Side Yard to a Public Street (i). Dwelling 4.0 metres (ii). Porch 2.0 metres b) Interior Side Yard 1.5 metres, nil where a building has a common wall with any building on an adjacent lot in the same zone C) Rear Yard Adjacent to a Private Street 5.7 metres d) Dwelling Setback (i). To Sidewalk (ii). To a Private Street 2.0 metres 3.5 metres e) Notwithstanding 14.6.55 g. v) (b), an unenclosed and uncovered deck with a minimum height of 2.5 metres may encroach in the required rear yard a maximum of 3.7 metres provided the outdoor parking space is provided at grade. Regulations for Stacked Townhouse Dwellings i) For the purposes of establishing regulations for each Stacked Townhouse Dwelling, the following specific regulations shall apply as if each unit is located on a lot ii) Lot Area (minimum) 85 square metres iii) Lot Frontage on a Public Street (minimum) 6.5 metres iv) Yard Requirements for Stacked Townhouse Dwellings fronting onto Private Street (minimum) a) Front Yard (i). Dwelling (ii). Porch b) Interior Side Yard c) Rear yard setback d) Dwelling setback (i) To Sidewalk (ii) To a Private Street (iii). To a Public Street 4.0 metres 2.0 metres 1.5 metres, nil where abuilding has a common wall with any building on an adjacent lot in the same zone. 1.5 metres, nil where abuilding has a common wall with any building on an adjacent lot in the same zone. 1.5 metres 2 metres 30 metres 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)R3-55) 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 R3-55. 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 Zone when: a) Durham Region provides clearance with respect to the Environmental Site Assessment, Archaeological Study, and Noise Study; 5. 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 This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. 16,0 O Ix W W CD 'C1 f Q GPS ASPEN SPRINGS D z Q (D � w J LU w Z w ILL to C/)z W Cf)0 Z � W Uj x rn O (�j m Q Zoning Change From "A" TO "(H)R3-55" r, s Adrian Foster, Mayor Bowmanville • ZBA 2016-0010 • Schedule 3 C. Anne Greentree, Municipal Clerk \\netapp5\group\Planning\ADepartment\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