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HomeMy WebLinkAbout2018-06-04larin Cgton Planning and Development Committee Agenda Date: June 4, 2018 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgray(a.clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net CIarifl#oII Planning and Development Committee Agenda Date: June 4, 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 May 14 Minutes of a Regular Meeting of May 14, 2018 Page 6 Minutes 7 Public Meetings 7.1 Public Meeting Application for a Proposed Draft Plan of Condominium. Page 23 Applicant: Holland Homes Inc. Report: PSD -044-18 Location: 35 Hanning Court, Bowmanville 7.2 Public Meeting Application for a Proposed Zoning By-law Amendment Page 25 Applicant: IBIS Foods Inc. Report: PSD -045-18 Location: Northeast corner of Green Road and Prince William Boulevard in Bowmanville Page 2 CIarifl#oII Planning and Development Committee Agenda Date: June 4, 2018 Time: 7:00 PM Place: Council Chambers 7.3 Public Meeting Application for a Proposed Zoning By-law Amendment Applicant: Akero Developments Inc. Report: PSD -046-18 Location: North of Concession Road 3, on the east side of Middle Road, in the Northglen Neighbourhood of Bowmanville 8 Delegations Page 27 8.1 Beth Kelly, Halloway Developments Limited, Regarding PSD -050-18, Regarding Implementation of the Courtice Main Street Secondary Plan - Zoning By-law Development Charges 8.2 Gord Robinson, Durham York Victoria Land Owners Association, Regarding Development Charges 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications— Direction There are no Communications for direction. 11 Presentations No Presentations 12 Planning Services Department Reports 12.1 PSD -044-18 An Application by Holland Homes Inc. to Create a Page 29 Common Elements Plan of Condominium at 35 Hanning Court, Bowmanville 12.2 PSD -045-18 An application by IBIS Foods Inc. to amend the Zoning Page 40 By-law to allow a drive-through, accessory to a proposed Tim Hortons Page 3 GarjU00II Planning and Development Committee Agenda Date: June 4, 2018 Time: 7:00 PM Place: Council Chambers 12.3 PSD -046-18 An application by Akero Developments Inc. to amend the Page 50 zoning by-law to permit dwellings with three car garages on lots with 18 metres of frontage within Draft Approved Plan of Subdivision S -C 2007-0005 in the Northglen Neighbourhood, Bowmanville 12.4 PSD -047-18 An Application by Averton Group to rezone lands to Page 58 permit a 40 townhouse units in a common elements condominium at the northwest corner of Mearns Avenue and Elephant Hill Drive, Bowmanville 12.5 PSD -048-18 An Application by 2533937 Ontario Inc. to rezone the Page 70 lands at 2005 Green Road to permit the development of a two-storey commercial building, and a multi—storey, mixed use building. 12.6 PSD -049-18 Clarington Transformer Station Peer Review, Update Page 85 12.7 PSD -050-18 Implementation of the Courtice Main Street Secondary Page 90 Plan - Zoning By-law 12.8 PSD -051-18 Amendment of Heritage Designating By-law - The Page 113 Belmont House 12.9 PSD -052-18 Update on Secondary Plan Studies Page 129 13 New Business — Consideration 14 Unfinished Business Page 4 GariU00II Planning and Development Committee Agenda Date: June 4, 2018 Time: 7:00 PM Place: Council Chambers 15 Confidential Reports 15.1 PSD -053-18 Sale of Surplus Property to High Street Courtice Incorporated [To be distributed under separate cover] 15.2 LGL -003-18 Proposed Settlement of OMB Appeals by Tornat Newcastle Limited [To be distributed under separate cover] 16 Adjournment Page 5 Clarftwn Planning and Development Committee Minutes May 14, 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, May 14, 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 Absent: Councillor C. Traill Staff Present: A. Allison, D. Crome, R. Maciver, K. Richardson, C. Salazar, J. Gallagher, S. Gray 1 Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2 New Business — Introduction Councillor Cooke added a new business item, regarding Consumer Protection, to the New Business — Consideration section of the agenda. 3 Adopt the Agenda Resolution #PD -085-18 Moved by Councillor Hooper, seconded by Mayor Foster That the Agenda be adopted as presented, with the addition of new business item regarding Consumer Protection. 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. David Crome, Director of Planning Services, introduced new staff members, Shahzad Mir, Planner, and Aibelle Babista, Student Planner. -1- A• Clarftwn Planning and Development Committee Minutes May 14, 2018 6 Adoption of Minutes of Previous Meeting Resolution #PD -086-18 Moved by Councillor Hooper, seconded by Councillor Partner That the minutes of the regular meeting of the Planning and Development Committee, held on April 23, 2018, be approved. Carried 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: Clark Consulting Services Report: PSD -041-18 In the interest of expediency, Councillor Neal asked whether there was anyone present to speak in opposition to or in support of the application. No one was present to speak in opposition to or in support of the application. As a result, the Planner did not make a presentation. Bob Clark, the agent for Algoma Orchards, stated that he was available to answer questions from the Committee. 8 Delegations 8.1 Justine Verkuyl, Regarding Addendum 2 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 Justine Verkuyl was present regarding Addendum 2 Report PSD -024-18, regarding 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. Ms. Verkuyl stated that, on May 28, 2016, she and her husband waited in line to purchase their first home. She explained that, on that day, they signed a contract for the purchase of their home, and it outlined the conditions of the purchase. Ms. Verkuyl stated that it was a purchase of sale, not a reservation agreement. She described the experience of buying her house as "buy in the next 3 minutes or their will be no home for you to buy". Ms. Verkuyl explained that she thought they had bought a house on that day and that all they needed to do was wait for it to be built. She explained that a lot of time has passed, that they have been patiently waiting and it has been frustrating. Ms. Verkuyl noted that Kailtin Corporation did not have the right to sell the 103 homes without the proper approvals. She explained that she wants to live in the community she chose to live in, not the community behind the Walmart. Ms. Verkuyl -2- Clarftwn Planning and Development Committee Minutes May 14, 2018 stated that she cannot afford a single detached home in today's market. She asked that the Committee support her recommendations that Kailtin Corporation provide compensation or upgrades in the new homes. Ms. Verkuyl explained that she was not advised that something like this could happen and that she was given a closing date two months ago. She advised the Committee to consider all of the families who will be affected when making their decision. 8.2 Justin MacLean, Regarding Addendum 2 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 Justin MacLean, was present regarding Addendum 2 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. Mr. MacLean stated that he purchased his home over two years ago, as housing prices were rapidly growing. He explained that he chose this area in the community to create a life with his partner where they grew up and work. Mr. MacLean explained that he found out about the revised plan on May 8 while reading a news article. He stated that it was shocking and unsettling. Mr. MacLean explained that he understands the benefits of walkable and liveable communities and that intensification makes good planning sense. He stated that he believed he signed a purchase agreement, not a reservation agreement. Mr. MacLean asked the Committee to allow the development of the 103 townhomes. He explained that it is a responsible solution and that the Committee should allocate the remaining intensification in other areas around the transportation hub. Mr. MacLean suggested that the Municipality of Clarington should pass a by-law so that this does not happen in the future. 8.3 Dhrupad Patel, Regarding Addendum 2Report 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 Dhrupad Patel was present regarding Addendum 2 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. Mr. Patel stated that he found out about the revised plan through a news article. He explained that he bought his house two years ago. Mr. Patel stated that he is trying to digest all of the information and who is responsible. He explained that he would like to know what the future effects might be and what will happen to the future homeowners. Mr. Patel stated that, since he bought his house, interest rates and the housing market have gone up. He explained that he hopes the application proceeds as the original plan for 103 townhomes. -3- 0 Clarftwn Planning and Development Committee Minutes May 14, 2018 8.4 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 The delegation of 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, was considered later in the meeting during the delegation portion of the agenda as she was expected to attend the meeting later. 8.5 Angela Shearman, Regarding Addendum 2 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 Angela Shearman was present regarding Addendum 2 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. Ms. Shearman stated that her family purchased a home, and the agreement stated that she purchased a home, except for page 22 section R which said "reservation agreement". She explained that she received two notices that said `purchase of agreement' and a latter notice which said `reservation agreement'. Ms. Shearman stated, that over the last two years she has communicated with the developer, they assured her that everything was fine and that they were waiting on zoning approval. She noted that it took Kaitlin Corporation a month to develop a second plan for the development. Ms. Shearman explained that originally the developer offered the homeowner two percent and their down payment back. She stated that it was not enough, and homes are far more expensive now. Ms. Shearman explained that she currently lives in Aspen Springs, is a one car family and that moving behind the Walmart is not close enough to walk their kids to school. She asked the Committee if they could guarantee that three quarters of the condo owners will use the GO Train. Ms. Shearman also added if they could guarantee if the traffic on the busy street won't get any busier. She noted that the developer sold homes that they did not have approved and the Committee should support residents that already live in Clarington. Ms. Shearman explained that she bought her home based on location. She recited a bible verse for the Committee. Ms. Shearman asked that the Committee have faith in the small community who has the right to live where they chose to live. She concluded by explaining that forcing the homeowners to move behind the Walmart is not right. E Clarftwn Planning and Development Committee Minutes May 14, 2018 8.6 Julie Heaton, Regarding Addendum 2 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 Julie Heaton was present regarding Addendum 2 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. She explained that she is in support of the original plan of 103 townhomes. Ms. Heaton noted that she would like a decision to be made so that she can have a home. She stated that she wants to have the townhome she originally purchased. Ms. Heaton concluded by stating that she does not want to wait another two years for a new development to be built. 8.7 Kayla Brazeau, Regarding Addendum 2 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 Kayla Brazeau advised the Municipal Clerk's Department, prior to the meeting, that she would be unable to attend as a delegation. Suspend the Rules Resolution #PD -087-18 Moved by Mayor Foster, seconded by Councillor Partner That the Rules of Procedure be suspended; and That George Waters be added as a delegation regarding, Addendum 2 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. Carried George Waters, local resident, was present regarding Addendum 2 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. Mr. Waters advised the Committee that his son bought a townhouse in the development. He noted that the developers sign has been up for two years. Mr. Waters asked the Committee why the developer did not seek planning permission. -5- 10 Clarftwn Suspend the Rules Resolution #PD -088-18 Planning and Development Committee Moved by Mayor Foster, seconded by Councillor Hooper That the Rules of Procedure be suspended; and Minutes May 14, 2018 That Warren Lesser be added as a delegation regarding, Addendum 2 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. Carried Warren Lesser, local resident, was present regarding Addendum 2 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. Mr. Lesser explained that he bought a townhome two years ago, and deposits were drawn from his account during that time. He stated that at no point did anyone explain to him that it was just a reservation agreement. Mr. Lesser noted that he had lawyers look at the agreement and now has legal fees. He would like to know if he will be reimbursed for those costs. Mr. Lesser stated that Kaitlin has dropped the ball on this development and a class action suit could happen if the original plan does not move forward. He concluded by explaining that the only people losing on this deal are the homeowners. Suspend the Rules Resolution #PD -089-18 Moved by Councillor Hooper, seconded by Councillor Cooke That the Rules of Procedure be suspended; and That Chris Lokstein be added as a delegation regarding, Addendum 2 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. Carried Chris Lokstein, local resident, was present regarding Addendum 2 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. Mr. Lokstein stated that he bought his home two years ago, and that it was originally an opportunity for his son and fiance, who are both teachers, to own a home. He explained that the purpose of buying in this development was so that they could both teach in the Durham Region. Mr. Lokstein noted that the revised 11 Cladwwn Planning and Development Committee Minutes May 14, 2018 development plan came to his attention a week ago, after reading a news article. He explained that he was under the impression that he had purchased a townhome from the developer. Mr. Lokstein stated that he and his wife worked extra to meet the financial commitments of buying the house. He explained that Kaitlin Corporation is a mature builder and they know the process, and it feels like they are being opportunistic at the buyer's expense. Mr. Lokstein concluded by stating that he is very upset that no one brought this matter to their attention. Suspend the Rules Resolution #PD -090-18 Moved by Mayor Foster, seconded by Councillor Partner That the Rules of Procedure be suspended; and That Jinnel Ten-Suey-Yen be added as a delegation regarding, Addendum 2 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. Carried Jinnel Ten-Suey-Yen, local resident, was present regarding, Addendum 2 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. Ms. Ten-Suey-Yen stated that she purchased her first home from Kaitlin Corporation in 2006. She explained that, when she purchased her first home, she had no issues with the builder so, when the opportunity to buy another home with the same builder happened, she did not hesitate. Ms. Ten-Suey-Yen noted that she is still living in the condo that she purchased in 2006. She advised the Committee that she is a single mother and the townhome is in a convenient location. Ms. Ten-Suey-Yen explained that she did not hear about the revised application until she saw it in the news. She stated that she called the developer to get her deposit back and they told her that the development was delayed indefinitely. Ms. Ten-Suey-Yen explained that she does not want to live in the back of the Walmart. She stated that she wants to live in the house that she bought. Ms. Ten-Suey-Yen explained that she wanted a home for her family to grow in that was affordable. She stated that she does not want to be in the same position two years from now if the Committee does not approve the original plan of 103 townhomes. 7- 12 Clarftwn Planning and Development Committee Minutes May 14, 2018 8.4 Amanda Townson 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 Amanda Townson was present 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. Ms. Townson stated that she was at the previous public meeting regarding nitrate dilution. She asked the Committee if they could confirm that the land has not been touched or tampered with. Ms. Townson stated that, as far as she knows, it should not be touched but that it has been touched. She noted that she does not feel confident with Fourteen Estates handling the construction of the nitrate dilution area. Ms. Townson added that she does not believe that they will do it properly. She advised the Committee that she has emailed staff and the Committee to get that question answered and has not heard back regarding her concerns. Alter the Agenda Resolution #PD -091-18 Moved by Councillor Hooper, seconded by Mayor Foster That the Agenda be altered to consider 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, and Addendum 2 to Report PSD -024-18, and 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, at this time. Carried 12.3 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 Resolution #PD -092-18 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD -043-18 be received; 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; 13 Clarftwn Planning and Development Committee Minutes May 14, 2018 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 That all interested parties listed in Report PSD -043-18 and any delegations be advised of Council's decision. Carried Later in the Meeting Suspend the Rules Resolution #PD -093-18 Moved by Councillor Partner, seconded by Councillor Hooper That the Rules of Procedure be suspended; and That Shelly Wallace be added as a delegation regarding, 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. Carried Shelly Wallace, local resident, was present regarding, 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. Ms. Wallace explained that she is a former home owner in the area. She explained that the removal of the trees was not limited to the easement. Ms. Wallace stated that the area where the trees were removed was not regraded. Ms. Wallace noted that the only thing installed was a ditch and, in order for her to reach the back part of her property, her husband built a bridge. She explained that the water from Ormiston Street does not get to the creek and most of the water sits in the ditches. Ms. Wallace stated that she is concerned with the nitrate flow and how it will get to the designated area and as it has to pass a creek. She would like to know how the nitrate flow will go under, through or over the creek, where there is protected fish. Suspend the Rules Resolution #PD -094-18 Moved by Councillor Hooper, seconded by Councillor Woo That the Rules of Procedure be suspended; and M 14 Clarftwn Planning and Development Committee Minutes May 14, 2018 That Carolyn Molinari — CM Planning Inc. be added as a delegation regarding, 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. Carried Carolyn Molinari, CM Planning Inc., was present regarding, 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. Ms. Molinari stated that page eight section 11.4 of Report PSD -043-18, indicates that Henry Kortekaas inspected the site on March 6, 2018 and confirmed that the grading and tree removal was implemented as designed. She explained that there was an EIS report done in regarding the severances. Ms. Molinari stated that she is not aware of the details regarding the creek and the speckled trout, but the report was approved. Suspend the Rules Resolution #PD -095-18 Moved by Mayor Foster, seconded by Councillor Partner That the Rules of Procedure be suspended; and That Nyle Macklvene be added as a delegation, regarding 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. Carried Nyle Macklvene, Hydrogeologist, GHD, was present regarding, 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. Mr. Macklvene stated that the nitrate dilution area will not impact the surrounding area. He explained how nitrate dilution works, and that it moves through the ground until it hits a boundary. Mr. Macklvene noted that the purpose of this area is to tie it up for later so that it cannot be used. He explained that nitrates break down slowly and once it hits a surface body of water it break downs completely. Mr. Macklvene stated that the main concern of nitrate is local wells but the nitrate is moving away from the homes. He also explained that the wells in the area are deep and the nitrate will not reach the wells. Mr. Macklvene offered to answered questions from the Committee. 9 Communications - Receive for Information There are no Communications to be received for information. -10- 15 Clarftwn 10 Communications— Direction Resolution #PD -096-18 Planning and Development Committee Moved by Mayor Foster, seconded by Councillor Cooke Minutes May 14, 2018 That Communication Item 10. 1, be approved and that Communication Items 10.2 to 10.4, be referred to the Director of Planning Services to be considered as part of the application review process. Carried 10.1 Lisa VanAndel — Request to Extend the Use of Temporary Living Quarters at 2184 Bloor Street That Communication Item 10. 1, from Lisa VanAndel, be approved for a six month extension for the use of temporary living quarters at 2184 Bloor Street, subject to signing a further Letter of Undertaking. 10.2 Devon Daniell — MODO Bowmanville Towns Ltd. Regarding Addendum 2 to Report PSD -024-18, A revised application by MODO Bowmanville Towns Ltd. for a rezoning to permit 414 residential units in a townhouse and apartment development in the Bowmanville West Urban Centre That Communication Item 10.2, from Devon Daniell — MODO Bowmanville Towns Ltd., Regarding Addendum to Report PSD -024-18, A revised application by MODO Bowmanville Towns Ltd. for a rezoning to permit 414 residential units in a townhouse and apartment development in the Bowmanville West Urban Centre, be referred to the Director of Planning Services to be considered as part of the application review process. 10.3 Z. Sakander Regarding Addendum 2 to Report PSD -024-18, A revised application by MODO Bowmanville Towns Ltd. for a rezoning to permit 414 residential units in a townhouse and apartment development in the Bowmanville West Urban Centre That Communication Item 10.3, from Z. Sakander Regarding Addendum to Report PSD -024-18, A revised application by MODO Bowmanville Towns Ltd. for a rezoning to permit 414 residential units in a townhouse and apartment development in the Bowmanville West Urban Centre, be referred to the Director of Planning Services to be considered as part of the application review process. -11- 16 Clarftwn Planning and Development Committee Minutes May 14, 2018 10.4 Devon Daniell — MODO Bowmanville Towns Ltd. Regarding Addendum 2 to Report PSD -024-18, A revised application by MODO Bowmanville Towns Ltd. for a rezoning to permit 414 residential units in a townhouse and apartment development in the Bowmanville West Urban Centre That Communication Item 10.4, from Devon Daniell — MODO Bowmanville Towns Ltd., Regarding Addendum 2 to Report PSD -024-18, A revised application by MODO Bowmanville Towns Ltd. for a rezoning to permit 414 residential units in a townhouse and apartment development in the Bowmanville West Urban Centre, be referred to the Director of Planning Services to be considered as part of the application review process. 14.1 Addendum 2 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 -097-18 Moved by Councillor Hooper, seconded by Councillor Cooke That the matter of Addendum to Report PSD -024-18, regarding 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 lifted from the table. Carried Resolution #PD -098-18 Moved by Councillor Hooper, seconded by Councillor Partner That Report PSD -024-18 and the Addendum Reports be received; 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 4 to Addendum 2 to Report PSD -024-18; 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; 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; -12- 17 Clarftwn Planning and Development Committee Minutes May 14, 2018 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 That all interested parties listed in Addendum Report PSD -024-18 and any delegations be advised of Council's decision. Carried as Amended Later in the Meeting (See following motion) Resolution #PD -099-18 Moved by Councillor Hooper, seconded by Mayor Foster That the foregoing Resolution #PD -098-17 be amended following paragraph 2: That the Site Plan concept in Figure 1 of Addendum 1 to Report PSD -024-18 be used as the basis for Site Plan approval. Carried The foregoing Resolution #PD -098-18 was then put to a vote and carried as amended on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Mayor Foster X Recess Resolution #PD -100-18 Moved by Mayor Foster, seconded by Councillor Partner That the Committee recess for 10 minutes. Carried The meeting reconvened at 10:04 PM with Councillor Neal in the Chair. 11 Presentation(s) No Presentations -13- W Clarftwn Planning and Development Committee Minutes May 14, 2018 12 Planning Services Department Reports Resolution #PD -101-18 Moved by Mayor Foster, seconded by Councillor Cooke That Reports PSD -041-18, PSD -042-18, be approved on consent with the exception of Report PSD -042-18. Carried 12.1 PSD -041-18 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 That Report PSD -041-18 be received; That 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; 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 That all interested parties listed in Report PSD -041-18 and any delegations be advised of Council's decision. 12.2 PSD -042-18 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 Resolution #PD -102-18 Moved by Councillor Woo, seconded by Councillor Hooper That Report PSD -042-18 be received; 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; 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; 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 -14- 19 Clarftwn Planning and Development Committee Minutes May 14, 2018 That all interested parties listed in Report PSD -042-18 and any delegations be advised of Council's decision. Carried Later in the Meeting Suspend the Rules Resolution #PD -103-18 Moved by Councillor Hooper, seconded by Mayor Foster That the Rules of Procedure be suspended; and That Sheldon Pretty be added as a delegation, regarding 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. Carried Mr. Pretty, local resident, was present regarding 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. Mr. Pretty stated that he is concerned with the proximity of the access road into the proposed development and his house. He explained that he supports higher density in Clarington but the road is 18 feet from his house. Mr. Pretty would like the road to be moved over in-between two blocks of homes away from his house. He stated that he understands that it needs to be far from the intersection at Liberty Street and Longworth Avenue. Mr. Pretty noted that he was told that seven homes would be next to him, not a laneway. He explained that he is concerned with the light from the laneway shining into his home. Mr. Pretty advised the Committee he is concerned about the noise and safety with the new development. The foregoing Resolution #PD -102-18 was then put to a vote and carried. 12.3 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 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 was considered earlier in the meeting during the delegation portion of the agenda. -15- 20 Clarftwn 13 New Business — Consideration 13.1 Consumer Protection Resolution #PD -104-18 Planning and Development Committee Minutes May 14, 2018 Moved by Councillor Cooke, seconded by Mayor Foster That staff be directed to report back to the Planning and Development Committee meeting of June 25, 2018 on various options to help protect consumers while purchasing their home and prevent builders from entering into reservation and sale agreements until all zoning approvals have been granted. Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Mayor Foster X 14 Unfinished Business 14.1 Addendum 2 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 [Tabled from the April 30, 2018 Council Meeting] Addendum 2 to Report PSD -024-18, A revised application by MODO Bowmanville Towns Ltd. for a rezoning to permit 414 residential units in a townhouse and apartment development in the Bowmanville West Urban Centre, was considered earlier in the meeting. 15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda. -16- 21 Cladwwn 16 Adjournment Resolution #PD -105-18 Planning and Development Committee Moved by Mayor Foster, seconded by Councillor Hooper That the meeting adjourn at 10:41 PM. Chair Carried -17- 22 Deputy Clerk Minutes May 14, 2018 Clarbgtoa Notice of Public Meetin The Municipality has received a Complete Application for a proposed Draft Plan of Condominium. A proposed Draft Plan of Condominium to allow for common element condominium tenure for the private driveway and amenity area on the subject lands. Once constructed, the site would include 8 townhouse units, a private street, four visitor parking spaces, a water meter room, sidewalks, and landscaped areas. Address: 35 Hanning Court, Bowmanville. The property is located on the southeast corner of Liberty Street North and Concession Road 3 in Bowmanville F Subjecl Site r� C � 5 CONCESSI N iia 3 _ LI611 L7 .LfF 4E�SYLi y ' z J `W lcc i �F _ l Owl Vt nWL�y b cr. Speak at the Public Meeting: Date: Monday, June 4, 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 Amanda Ta File Numbers: C -C-2018-0003 Cross Reference Files: SPA2016-0008 ., ., Additional information relating to the application is available for review at the Planning Services Department. Questions? Please contact Amanda Tapp 905-623-3379, extension 2420, or by email at ataM aaclarinaton.net 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 rr'uepar[mennwv ivtvv rILIIN , ara i LIVI vAppucation Files\CC-Condominium\2018\C-C-2018-0003 Hanning Ct\Public Notice\Superceded\PM_Notice CC2018-0003.Docx 24 Clarington Nonce of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Zoning By-law. IBIS Foods Inc. plans to construct a Tim Hortons restaurant on the northeast corner of Green Road and Prince William Boulevard in Bowmanville. They are seeking an amendment to the Zoning By-law to allow a drive-through. This application has met all of the requirements of a complete application. oil * Y kv 11 a ,/W W W Ik r � HIGH WAY2 Clarington Shopping Center Loblaws owl'' Plaza i► . ;, 4IN a, 0.0 -�r �yis McDonalds Kel, se) do �: sJv rs ice r z7 Subject Site'`: 77 ,Plaza, , .... . RRINCEMILLI Former h, Target n � w .ti Additional information and background studies are available for review at the Planning Services Department and on our website at clarington.net/developmentproposals Questions? Please contact Mitch Morawetz at 905-623-3379, extension 2411, or by email at Speak at the Public Meeting: Date: Monday, June 4, 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 Mitch Morawetz File Number: ZBA 2018-0013 25 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. 41*4t— David J. Crome, MCIP, RPP Director of Planning Services ^Department\LDO NEW FILING Plication Files\ZBA-Zoning\2018\ZBA2018-0013 Tim Hortons Clarington Centre\Public Notice\ZBA2018-0013- PM Notice_May10'2018.docx 26 Clarbgtoa Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Zoning By-law. Akero Developments Inc. proposes to permit single detached dwellings with three car garages for lots with 18 metres of frontage on the subject site. CT. •- Address: North of Concession Road 3, on the east side of Middle Road, in the Northglen Neighbourhood of Bowmanville. VE Subject She '07 17 M p y k h P cot/ Lo Ck ❑ =1 a 4F v !SCn+_i.+74sE.R N1BilE _ a g}.- - 3 m 31 M sy CONCESSION RD 3 — NP I I + _I F • to be • • The proposed amendment, additional information and background studies are available for review at the Planning Services Department Questions? Please contact Cynthia Strike, Principal Planner 905-623-3379, extension 2410, or by email at cstrike clarington.net How to Provide Comments Speak at the Public Meeting: Date: Monday, June 4, 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 Cynthia Strike. File Number: ZBA 2017-0024 27 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, as appropriate; and b) you will not be able to participate at a hearing of an appeal before Local Planning Appeal Tribunal, as appropriate unless, in the opinion of the Tribunal, there are reasonable grounds to do so. David J. Crome, MCIP, RPP Director of Planning Services I—Pai- —II I, 1 1-1 —1111 , ,�,-,„-mooning\2017\ZBA2017-0024NorthglenEast\Public Notice\Notice of Public Meeting_10'05'18.docx Clar;wgton PI nnin Services Planning Se ces 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: June 4, 2018 Report Number: PSD -044-18 Resolution Number: File Number: C -C-2018-0003 By-law Number: Report Subject: An Application by Holland Homes Inc. to Create a Common Elements Plan of Condominium at 35 Hanning Court, Bowmanville Recommendations: 1. That Report PSD -044-18 be received; 2. That provided there are no significant objections to the application during the public meeting that the Draft Plan of Condominium application submitted by Holland Homes Inc. be supported, subject to the conditions substantially as contained in Attachment 1; 3. That the Durham Region Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -044-18 and Council's decision; and 4. That all interested parties listed in Report PSD -044-18 and any delegations be advised of Council's decision. 29 Municipality of Clarington Report PSD -044-18 Report Overview Page 2 Holland Homes Inc. has submitted a Proposed Plan of Condominium application to create a common elements plan of condominium at the southeast corner of Liberty Street North and Concession Road 3 in Bowmanville. The physical design of the 8 townhouse units and the space around them was approved through Site Plan SPA2016-0008. Provided there are no significant objections to the application during the public meeting, Staff recommend that the Draft Plan of Condominium application submitted by Holland Homes Inc. be supported, and that the Director of Planning Services issue Draft Approval, subject to the conditions substantially as contained in Attachment 1 of this report. 1. Application Details 1.1. Owner/Applicant 1.2. Agent: Holland Homes Inc. Katrina Metzner 1.3. Proposal: Application for Draft Plan of Condominium — Common Elements to permit a private street, 4 visitor parking spaces, water meter room, sidewalk, and landscaped areas, allowing for the development of eight townhouse units. 1.4. Area: 0.28 hectares. 1.5. Location: 35 Hanning Court, Bowmanville at the southeast corner of Concession Road 3 and Liberty Street North. 1.6. Roll Number: 18-17-020-060-08775 1.7. Within Built Boundary: Yes 30 Municipality of Clarington Report PSD -044-18 Page 3 r - i Subject Sit . 7T COI CES V RDy + ZIA ID 1i6:LZJ } W F Zi27-Q* W � ���t jai„: ..� UJ- Rte � �IP6� ��." � �� Figure 1: Context of Subject Site 2. Background 2.1. The subject land is Block 134 of Registered Plan of Subdivision 10M-840 in the Fenwick Planning Neighbourhood of Bowmanville. Since the time of the registration and building out of the North-East Bowmanville subdivision starting in 1991, Block 134 remained undeveloped. The surrounding residential subdivision consists of both townhouse and link dwellings. The subject property was zoned "Urban Residential Type Three (R3)" which allows townhouse units at the time of draft approval. 2.2. On May 2, 2016, the Planning Services Department received an application for Site Plan Approval to permit the development of 8 townhouse units. Through the site plan review process, two zoning deficiencies were identified. In March of 2017, the Committee of Adjustment approved an application to reduce the minimum required interior side yard setback from 4.5 metres to 3 metres and reduce the minimum required exterior side yard setback from 6 metres to 2.58 metres. No appeals were received. After the review of four full Site Plan submissions, the Site Plan was approved on September 18, 2017 (See Figure 2). 2.3. On March 29, 2018, Holland Homes Inc submitted an application for a common elements Draft Plan of Condominium. The physical design of the 8 townhouse units and the space around them was approved through Site Plan SPA2016-0008. 31 Municipality of Clarington Report PSD -044-18 Page 4 N W •' s Concession Rd 3 rr '•�. � 1r" rrr rr +,• •r rr 76 rr •rr ;r rJr UNITS r 74 •r� _ ro UNIT 7 F� ~ z 72 UNIT6 70 1• q UNIT 5 6 UNIT 4 66 L 33 J 110 * . 64 r,. 31 62 ( 60 ` 29 i 227 ED Subject Site CiO Future Town Homes 25 Future Laneway 23 Parking Areas �C Z 21 Future Sidewalk C -C-2018=0003 r r � Figure 2: Site Plan 2.4 Approval of the Plan of Condominium is delegated to the Director of Planning Services. Approval of the proposed Common Elements Plan of Condominium will create all the shared or comment aspects of the condominium. Separate applications will be required in the future for the removal of Part Lot Control to create the Parcels of Tied Lands (P.o.T.Ls) for each of the eight townhouse lots. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is currently a vacant lot at the south-east corner of Liberty Street North and Concession Road 3 in Bowmanville. The lot is identified as Block 134 within a previously registered plan of subdivision (10M-840) in the Fenwick Planning Neighbourhood in Bowmanville. A site servicing permit has been issued and building permits for the 8 townhouse units are currently under review by the Planning Services Department. 32 Municipality of Clarington Report PSD -044-18 3.2 The surrounding uses are as follows: North - Trees and Agricultural Field South - Existing Residential Townhouse Development East - Existing Residential Townhouse Development West - Existing Residential and Commercial Development 4. Provincial Policy Provincial Policy Statement Page 5 4.1 The subject lands are within the Bowmanville "Settlement Area". Settlement Areas shall encourage opportunities for intensification and redevelopment where this can be accommodated taking into consideration the existing character of the neighbourhood and existing infrastructure and public service facilities. The application is consistent with the Provincial Policy Statement. Growth Plan 4.2 The subject lands are located within the built-up area of Bowmanville. A significant portion of new growth is to be directed to the built-up areas through intensification where existing municipal water and wastewater services are or will be available. The application is consistent with the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Regional Official Plan designates the subject lands as "Living Areas". The proposal conforms to the Durham Regional Official Plan. Clarington Official Plan 5.2 The subject property is designated "Urban Residential" within the Clarington Official Plan. The townhouse use conforms with the intent of the Clarington Official Plan. Both Liberty Street and Concession Road 3 are designated Type B Arterials and are both Local Corridors. Local Corridors require a minimum density of 40 units per hectare, dwelling unit heights between 2 and 6 storeys, and predominant housing form to be mixed-use buildings, apartments and/or townhouses. 5.3 The townhouse development was subject to site plan approval, including the taking of appropriate securities through the registered site plan development agreement. The conditions of draft approval requested by Durham Region are included in Conditions of Draft Approval for the Plan of Condominium contained in Attachment 1. 33 Municipality of Clarington Report PSD -044-18 Page 6 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Urban Residential Type Three (R3)". The "R3" zone allows the townhouse units. Further, through the site plan review process, two zoning deficiencies were identified. In March of 2017, the Owners received approval, with no appeals from the Committee of Adjustment to reduce the minimum required interior side yard setback and reduce the minimum required exterior side yard setback. The use and siting of the proposed townhouse dwelling units conform to Zoning By-law 84-63. 7. Public Notice and Submissions 7.1 Public notice was given by mail to each landowner within 120 metres of the subject lands on May 15, 2018. Public meeting signs were installed on the property, fronting onto Concession Road 3, Hanning Court and Liberty Street North, on May 17, 2018. Figure 3: Public Notice Sign 7.2 At the time of finalizing this report staff had been contacted by one neighbouring resident. The neighbour expressed concerns over fencing running along the easterly boundary of the subject site being impacted by recent construction. Although grading on site appears well set back from the property line, the Owner is working directly with the affected neighbour to come to a reasonable and agreeable solution to the concern. 34 Municipality of Clarington Report PSD -044-18 8. Agency Comments Regional Municipality of Durham Page 7 8.1 On May 22, 2018 Staff received comments from the Regional Municipality of Durham indicating that the application for Draft Plan of Common Elements Condominium conforms to the policies of the Regional Official Plan and Provincial Policy. The Region has no objections to the approval of this application, subject to a number of conditions of Draft Approval (see Attachment 1). 9. Departmental Comments Clarington Engineering Services Department 9.1 The Clarington Engineering Services Department has no objections to the approval of this application. Clarington Building Division 9.2 The Clarington Building Division has no concerns with this application. A building permit is required. For information regarding the building permit requirements, the applicant must contact the Building Division. Clarington Emergency and Fire Services Department 9.3 Clarington Emergency Services has no fire safety concerns with this application. 10. Discussion 10.1 The proposed Draft Plan of Condominium will establish a common elements condominium for the private street; 8 visitor parking spaces; a water meter room; sidewalk; and landscaped area. Each townhouse unit and surrounding parcel of tied land (P.o.T.L.) will eventually be freehold, meaning each townhouse unit can be bought and sold individually, while having a shared common interest in the above-mentioned common elements, through the condominium. 10.2 This townhouse project is only approximately 70% of the density required for Local Corridors. As a small remnant parcel on a cul-de-sac, it is difficult to achieve 40 units per hectare. The built form is consistent with the Local Corridor designation. The application conforms to the intent of the Official Plan. 35 Municipality of Clarington Report PSD -044-18 11. Conclusion Page 8 Based on the comments contained in this report, it is respectfully recommended that the Director of Planning Services be authorized to issue draft approval for the proposed plan of condominium, subject to the conditions of draft approval contained in Attachment 1. An amendment to the Site Plan Development Agreement will be prepared if any of the Draft Approval Conditions requires inclusion in a registered legal agreement. 12. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. The proposal supports a variety of affordable mixed housing types and community design attributes that support our residents at every stage of life and across all abilities. 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 II, 905-623-3379 ext. 2420, or atapp clarington.net The following is a list of the interested parties to be notified of Council's decision: Katrina Metzner, Holland Home Inc. AT/CP/n1 hIDepartment\LDO NEW FILING SYSTEM\Application Files\CC-Condominium\2018\C-C-2018-0003 Hanning Ct\Staff Report\PSD-044-18.Docx 36 Attachment 1 to Report PSD -044-18 CONDITIONS OF DRAFT APPROVAL File Number: C -C 2018-0003 Holland Homes Inc. Issued for Review: May 22, 2018 Notice of Decision: Draft Approved: _ David J. Crome, MCIP, RPP Director of Plannina Services Conditions of Draft Approval The Owner shall have the final plan on the basis of approved draft plan of condominium, prepared by J.D. Barned Ltd., identified as Reference No. 15-25- 128-01, dated April 11, 2017, which illustrates common facilities and services including access lanes and parking, asphalt laneway, curbs/sidewalks, street lights, sanitary/storm sewers, water main and facilities, landscaping, decorative fencing, a water metre room, utilities, mailboxes and waste collection, to accommodate 8 townhouse dwelling units. 2. Prior to final approval, the proponent shall ensure that a Stage 1 Archaeological Assessment is completed by a licensed Ontario archaeologist. The proponent must ensure that all required studies by the archaeologist are completed, and a clearance letter is obtained by the Ministry of Tourism, Culture and Sport. No Demolition, grading, or other soil disturbance shall take place on the subject property prior to a letter of clearance being received by the Regional Municipality of Durham. 3. The Owner shall submit to the Region of Durham, for review and approval, a noise impact study prepared by an acoustic engineer based on projected traffic volumes provided by the Region of Durham Planning and Economic Development Department, and recommending noise attenuation measured for the draft plan in accordance with the Ministry of the Environmental and Climte Change guidelines. The Owner shall agree in the Condominium Agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the Condominium Agreement containing such provisions prior to final approval of the plan. 4. Regional Development Charge Levies shall be applied in accordance with the Region's Development Charges By-law and are to be paid upon issuance of a building permit. 37 5. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a condominium agreement between the Owner and the Municipality of Clarington concerning such matters as follows: compliance with the municipality's approved site plan in terms of refuse collection, snow storage, maintenance of the stormwater management pond and appurtenances, and driveway entrance maintenance 6. The private street in the common elements is to be named and consequently signed in a manner satisfactory to the Municipality of Clarington. 7. The Owner agrees to include in the Declaration of Condominium the following: The prohibition for any short-term, less than 30 days rental or lease of any dwelling unit(s) that is/are reliant on and benefit from the common elements condominium. The condominium is responsible for annual maintenance of the private stormwater management measures including (if applicable) the oil/grit separator and landscaping and for providing the Director of Engineering Services an annual report of such maintenance being completed. 8. The Owner agrees to address the properties from the private lane frontages to the satisfaction of the Municipality of Clarington. 9. Prior to the finalization of this plan of condominium, the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region's Site Contamination Protocol to address site contamination matters. Such evidence may include the completion of a Regional Reliance Letter and Certificate of Insurance. Depending on the nature of the proposal or the finding of any Record of Site Condition (RSC) Compliance Phase One Environmental Site Assessment, an RSC Compliant Phase Two ESA may also be required. The findings of the Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment and Climate Change, accompanied by any additional supporting information. 10. The Owner shall satisfy all requirements, financial and otherwise, with respect to the provision of Regional Services to the subject lands will be addressed through the site servicing plan approval process. 11. All other works Department requirements such as access to water metres and any future changes thereto are covered by the appropriate clauses in the Region's Sewer Use By-law and Water Use By-law. 12. The Owner must provide a lands use table prepared by an Ontario Land Surveyor to the satisfaction of the Region of Durham. The land use table should provide lot area calculations for the proposed land use(s) allocated within the draft plan of condominium. FA 13. Prior to final approval of this plan of condominium for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Region Planning and Economic Development, how Conditions 1, 2, 3, 10. 11, 12 and 13 have been satisfied. Notes to Draft Approval As the Owner of the proposed condominium, it is your responsibility to satisfy all of the 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. 2. All plans of condominium must be registered in the Land Titles system within the Regional Municipality of Durham. 3. If final approval is not given to this plan within 3 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. 4. At such time as the draft approval is in effect, the Owner is required to provide digital copies of the draft approved plan and Conditions of Draft Approval to the Region of Durham Planning and Economic Development Department and the Municipality of Clarington Planning Services Department. 3 39 Clarington Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 4, 2018 Report Number: PSD -045-18 Resolution Number: File Number: ZBA 2018-0013 By-law Number: Report Subject: An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons. Recommendations: 1. That Report PSD -045-18 be received; 2. That staff consider the public comments received in the further processing of the Zoning By-law Amendment application ZBA2018-0013 submitted by IBIS Foods Inc. to permit a drive-through accessory to a Tim Hortons; and 3. That all interested parties listed in Report PSD -045-18 and any delegations be advised of Council's decision. HE Municipality of Clarington Report PSD -045-18 Report Overview Page 2 The purpose of this report is to introduce to the public, a proposal for a drive-through, accessory to a permitted Tim Hortons restaurant to be located on the northeast corner of Green Road and Prince William Boulevard in Bowmanville. The consideration of this report and any public comments offered satisfies the need for a Public Meeting under the Planning Act. It is recommended that this report be referred back to Staff for further processing and preparation of a recommendation report. 1. Application Details 1.1. Owner: Valiant Rental Inc. 1.2. Applicant: IBIS Foods Inc. 1.3. Proposal: IBIS Foods Inc. plans to construct a Tim Hortons coffee and bake shop. They are seeking an amendment to the Zoning By- law to allow a drive-through, accessory to the Tim Hortons. 1.4. Location: Northeast corner of Green Road and Prince William Boulevard 1.5. Roll Number: 181701002017200 1.6. Within Built Boundary: Yes 2. Background 2.1. On April 30, 2018, IBIS Foods Inc. applied for a Zoning By-law amendment to allow a drive-through accessory to a proposed Tim Hortons coffee and bake shop. The proposed restaurant is a permitted use, however the Zoning By-law does not permit a drive-through in this location. Relief from this restriction is being sought. The application was deemed complete on May 8, 2018. 2.2 For several years, the only Tim Hortons with a drive-through in Bowmanville, located at the corner of Baseline Road and Regional Road 57, has been receiving an unprecedented number of customer visits. This has led to traffic and safety issues for both pedestrians and motorists. The Municipality has worked with the Tim Hortons franchisee to make changes to this site over time to improve safety and increase the length of the vehicle queuing area. 2.3 In July, 2010, Council approved a Tim Hortons with drive-through on the northwest corner of Regional Road 57 and Aspen Springs Drive in Bowmanville. In 2017, permits were issued for the construction of a Tim Hortons restaurant at that location, however the site owner later decided not to develop the property for the approved purposes (Tim Hortons and a gas bar with car wash and convenience store). This left the Tim Hortons franchisee in search of a new site. Valiant Rentals Inc., owner of Clarington Centre and 41 Municipality of Clarington Report PSD -045-18 2 0 3.1 Page 3 IBIS Foods Inc., Tim Hortons franchisee, have come to an agreement to locate a Tim Hortons restaurant at the corner of Green Road and Prince William Boulevard in Bowmanville (Figure 1), in lieu of the location where the franchisee had previously arranged. The previously approved location on Aspen Springs Drive would have been open by now had the site owner allowed construction to proceed. ISI , o w ,. ,'� _ f —_ '`— ,_• �I ! I I I_ I I I I I I l i l � � F t o,�.,� l --- •----------------- r---- —:_ •: _-------------------�—-- -t 4 .. .iliac -u '-�. .._ PRINCE WILLIAM BOULEVARD Figure 1: Proposed site plan Studies submitted with the application include a Planning Rational Report and 'Eraffic Brief. Additional plans and studies will be submitted as part of the site plan application. Land Characteristics and Surrounding Uses The surrounding uses are as follows: North - Clarington Centre — a variety of commercial uses, including Loblaws. South - The Modo North condominium townhouse development under construction. East - Clarington Centre — a variety of commercial uses, including the former Target store. West - An existing low rise residential area comprising townhouses on a service lane. 42 Municipality of Clarington Report PSD -045-18 Page 4 3.2 The subject site is located within the Clarington Centre commercial development (Figure 2). This site was originally developed as a multi -tenant commercial site more than 20 years ago. The Tim Hortons is proposed to be located in the southwest corner of the Clarington Centre site. The McDonald's and the TD bank at Clarington Centre both have drive- throughs. The drive-through for the TD bank was approved by amendment to the Official Plan and Zoning By-law in March, 2013. The McDonald's restaurant is older and therefore did not require the same approvals for the drive-through. ' • aq '1 q ` r_ Subject Site JI/ Clarington Centre . •� T :.a IDftonalds . s Loblaws-- s Kelseys01141104 41Q 1 M. W • fi I ' ' Plaza Z s .. m �i .,� TD Z LU dpp i . ►T O Z R w »_'^ Plaza M ; Q w J<* i Ila uses 'Former Target J k PRINCE WILLIAM BOULEVARD i Municipal 111 ULLLs LaUiLM Park - M -1 Figure 2: Clarington Centre 43 018-0013 5 '" 'Former Target J k PRINCE WILLIAM BOULEVARD i Municipal 111 ULLLs LaUiLM Park - M -1 Figure 2: Clarington Centre 43 Municipality of Clarington Report PSD -045-18 Page 5 4. Provincial Policy Provincial Policy Statement 4.1 The site is located within the settlement area of Bowmanville. The Provincial Policy Statement identifies settlement areas as the focus of growth and development. Within the settlement areas, planning authorities shall promote opportunities for intensification and redevelopment where it can be accommodated, considering the availability of existing infrastructure. The proposal presents an infill opportunity and minimizes servicing costs and land consumption as the site is already developed. The Provincial Policy Statement also encourages municipalities to promote long-term economic prosperity and support opportunities for economic development. The application is consistent with the Provincial Policy Statement. Provincial Growth Plan 4.2 The subject lands are within the Built Boundary. The Growth Plan encourages growth in already built-up areas through intensification and efficient use of existing services and infrastructure. The application conforms to the Growth Plan for the Greater Golden Horseshoe. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject property as a Regional Centre. Regional Centres are to be developed with a full array of commercial, major retail, institutional, residential, and entertainment uses. The proposed commercial use is permitted in the Durham Region Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the subject lands Urban Centre. The lands are also within the Bowmanville West Town Centre Secondary Plan. Urban Centres are the primary locations to accommodate growth and are to contain the greatest mix of land uses. The Bowmanville West Urban Centre is a centre of regional significance providing the highest level of retail and service uses in Clarington. Urban Centres provide for a mix of uses, encourage activity along the street edges and support transit and pedestrian activity. The Clarington Official Plan also encourages the creation of new employment opportunities in order to achieve the economic goals and objectives of the Municipality. Secondary Plan 5.3 The Bowmanville West Town Centre Secondary Plan designates the subject lands General Commercial, which permits a restaurant. A drive-through is not prohibited in the General Commercial designation. MI Municipality of Clarington Report PSD -045-18 Page 6 5.4 One of the goals in the Bowmanville West Town Centre is to create a unique sense of place and foster social interaction through high quality architectural treatments and site planning that provides visual interest at a pedestrian scale. It provides for a range of opportunities for employment, including service uses such as the proposed Tim Hortons. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands General Commercial Exception (C1-14). The C1-14 zone permits the Tim Hortons restaurant but with no vehicular drive-through service and therefore a rezoning is required in order to permit a drive-through accessory to the permitted eating establishment. 7. Summary of Background Studies Planning Justification Report 7.1 A Planning Justification report was submitted by D.G. Biddle & Associates Limited in support of adding a drive-through as a permitted use accessory to the proposed Tim Hortons. The report offers the following observations about the proposed drive-through: x The restaurant itself is a permitted use and only requires site plan approval; x The distinction between the Street Related Commercial designation and the General Commercial designation where a drive-through is prohibited in the first and allowed in the second; x Urban design policies of the Official Plan are addressed by the site design and will be further addressed through the site plan approval process; x Traffic Impact Study observed that trips generated by the proposed drive-through will be negligible in the context of the expected future traffic volumes on Green Road and Prince William Boulevard; and x Proposed drive-through should be permitted, subject to regulations, as it complies with all applicable policies and represents good planning. Traffic Impact Study 7.2 A Traffic Impact Study was completed by LEA Consulting. The Study examined the existing transportation network conditions, anticipated future conditions and traffic generated by the proposal for the subject site. This included a review of the conditions at the intersection of Green Road and Prince William Boulevard and the site entrances from Green Road and Prince William Boulevard. The Study also reviewed parking and loading requirements for the proposed use. In conclusion, the Study notes these key points: x Under current conditions, the intersection and entrances mentioned above operate at good levels of service; x Including the planned residential development south of the subject site, the intersection and entrances are expected to continue to operate acceptably without any capacity constraints; and 45 Municipality of Clarington Report PSD -045-18 Page 7 x The parking and loading requirements for the proposed development can be accommodated on site, without issue. 8. Public Notice and Submissions 8.1 Public notice was given in accordance with the Planning Act. Public notice was sent by mail to each landowner within 120 metres of the subject property and the appropriate signage acknowledging the application was installed on the subject lands (Figure 3). The public notice was also posted on the Municipal website and in the Planning Services Departments E -update. Figure 3: Public notice sign 8.2 As of the writing of this report, Staff have not received any public inquiries about the proposal. 9. Agency Comments Regional Municipality of Durham 9.1 As of writing this report, comments have not been received from the Region of Durham. . e Municipality of Clarington Report PSD -045-18 Central Lake Ontario Conservation Page 8 9.2 The Conservation Authority has not provided comments on this application, however will be providing comments on the forthcoming site plan application. Other 9.3 Enbridge Gas has no objection to the proposal. Comments from other agencies have not been received as of writing this report. 10. Departmental Comments Engineering Services 10.1 Prior to approval of an application for site plan approval, the applicant will be required to satisfy comments from Engineering Services. The internal entrance to the proposed drive-through lane is located in close proximity to the internal entrance for the segregated parking area for the restaurant. The vehicle queue for the drive-through lane has potential to conflict with the internal parking area entrance. The final site design must ensure that the ingress and egress for any parking areas will not be adversely affected by the drive-through lane. There are two entrances on Prince William Boulevard located in close proximity to the proposed drive-through lane. The final design for the proposed development must be compatible with these existing entrances. 10.2 Several comments were provided to the applicant with regards to trip generation and peak time, and clarification on seasonal shifts were requested. Up-to-date traffic counts in the area were provided to the traffic consultant. The Traffic Impact Study and updates to it will continue to be reviewed as part of the future site plan application. The final site design may require addition signage or other measures that ensure that any vehicle queue for the drive-through that extends beyond the dedicated drive-through lane does not adversely affect on-site traffic for the overall development. Building Division 10.3 No comment on the proposed rezoning to allow a drive-through. Emergency and Fire Services 10.4 No objection to the proposed rezoning to allow a drive-through. Operations Department 10.5 No objection to the proposed rezoning to allow a drive-through. Municipality of Clarington Report PSD -045-18 Page 9 11. Discussion 11.1 There are currently two Tim Hortons locations in Bowmanville. A Tim Hortons restaurant with drive-through is located on the southwest corner of Regional Road 57 and Baseline Road and a take-out Tim Hortons is located in the Bowmanville Walmart. Based on the number of guests served at the Tim Hortons Restaurant at Baseline Road, there is tremendous demand for a second Tim Hortons restaurant with drive-through service in Bowmanville. The franchisee of the proposed location on Green Road is the franchisee of the other two locations in Bowmanville. She is seeking an additional location with a drive-through to alleviate the very congested conditions of the location at Baseline Road. She notes that the Tim Hortons location on Baseline Road is the busiest in all of Ontario, however expects the proposed location to have approximately half the number of customer visits. The following is a summary of employment at the proposed and existing locations: x Baseline Road and Regional Road 57 — 39 full time and 35 part time x Bowmanville Walmart locations — 10 full time and 9 part time x Proposed Green Road and Prince William Boulevard — 28 full time and 20 part time 11.2 A drive-through is somewhat at odds with the concept of a walkable, mixed-use, higher density area. However, the applicant is working to implement urban design policies such as having the building create a strong corner condition with a two storey design and providing direct pedestrian access from the streets. The site is not located within the Street -Related Commercial Area but in the area that was set aside for plaza and larger format uses. There are few locations in the Bowmanville West Urban Centre where it would be possible to locate a Tim Hortons with a drive-through. Any location designated Street -Related Commercial Area is off limits. 11.3 In consideration of the findings of the Traffic Impact Study, the proposed site appears to be a good location considering ease of access from well -travelled, higher order roads and is in close proximity to a growing population. The site will be able to accommodate the volume of traffic expected to use the proposed drive-through. Vehicle movements to and from the proposed site using the existing entrances from Green Road and Prince William Boulevard are expected to occur at a good level of service. 11.4 The urban design policies of the Official Plan are implemented through the review and approval of development applications. The forthcoming site plan application will be reviewed against the urban design policies of the Official Plan and the policies and urban design guidelines of the Bowmanville West Town Centre Secondary Plan. Generally, the development concept as proposed conforms with the urban design policies of the Official Plan. 11.5 Comments regarding the TIS and other Engineering comments. Municipality of Clarington Report PSD -045-18 12. Concurrence Not Applicable. 13. Conclusion Page 10 The purpose of this report is to provide background information on the proposal to permit a drive-through, accessory to a permitted Tim Hortons restaurant, submitted by IBIS Foods Inc. for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon receipt of outstanding agency and departmental comments and resolution of any issues raised at the Public Meeting. 14. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Director of Planning Services Z4011W ­_ Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Mitch Morawetz, Planner, 905-623-3379 ext. 2411 or mmorawetz(o)_clarington.net List of interested parties to be notified of Council's decision is on file in the Planning Services Department. MM/COS/tg I:\^Departmer :ILING SYSTEMApplication Files\ZBA-Zoning\2018\ZBA2018-0013 Tim Hortons Clarington Centre\Staff Report\PSD-045-18.docx Clarftwa PI nnin Services Planning Se ces 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: June 4, 2018 Report Number: PSD -046-18 Resolution Number: File Number: ZBA 2017-0024 By-law Number: Report Subject: An application by Akero Developments Inc. to amend the zoning by- law to permit dwellings with three car garages on lots with 18 metres of frontage within Draft Approved Plan of Subdivision S -C 2007-0005 in the Northglen Neighbourhood, Bowmanville. Recommendations: That provided there are no significant concerns raised: That Report PSD -046-18 be received; 2. That provided there are no significant issues raised that the proposed application for rezoning ZBA 2017-0024 be approved, and the zoning by-law contained in Attachment 1, be adopted; and 3. That all interested parties listed in Report PSD -046-18 and any delegations be advised of Council's decision. 50 Municipality of Clarington Report PSD -046-18 Page 2 Report Overview The Municipality is seeking the public's input on an amendment to the zoning by-law to permit dwellings with three car garages for those lots with 18.0 metres of frontage in a Draft Approved Plan of Subdivision in Northglen East, Bowmanville. Provided there is no significant concern raised, it is recommended that the amending by-law contained in Attachment 1, be adopted. 1. Application Details 1.1. Owner: Akero Developments Inc. 1.2. Agent: D.G Biddle & Associates 1.3. Proposal: Proposed Zoning By -Law Amendment To amend the zoning by-law to permit dwellings with three car garages for those on lots with 18 metres of frontage. 1.4. Area: 20 hectares 1.5. Location: North of Concession Road 3, east side of Middle Road, being Part Lots 12, See Figure 1. 1.6. Roll Numbers: 18-17-010-080-04000 1.7. Within Built Boundary: No 51 Municipality of Clarington Report PSD -046-18 Figure 1: Location Map Page 3 Subject Site L ,9 �C' C, / 2. Background 2.1 At the April 3, 2018 Planning and Development Committee meeting, Committee approved the recommendations within PSD -028-18 which included an amendment to draft approval to include one new residential lot and a rezoning permitting various amendments to the zone regulations to be consistent with the zoning for Northglen West. The amendment would permit the builders to use the same models in both Northglen West and East. 52 ram Figure 1: Location Map Page 3 Subject Site L ,9 �C' C, / 2. Background 2.1 At the April 3, 2018 Planning and Development Committee meeting, Committee approved the recommendations within PSD -028-18 which included an amendment to draft approval to include one new residential lot and a rezoning permitting various amendments to the zone regulations to be consistent with the zoning for Northglen West. The amendment would permit the builders to use the same models in both Northglen West and East. 52 Municipality of Clarington Report PSD -046-18 Page 4 2.2 By-law 2018-031 was adopted by Council on April 9, 2018. The appeal period lapsed on May 1, 2018. During the appeal period, a builder in Northglen East advised staff that the 18 metre frontage lots on the very east side of the Northglen East are eligible for dwellings with three car garages, in accordance with the Northglen Neighbourhood Design Guidelines. However, as there are no 18m frontage lots on the Northglen West, this permission was not included in the amending zoning by-law. Rather than appeal the by-law and delay house construction, a new Public Meeting is required to advise the public of the proposed change and that a new by-law is being recommended for adoption. 3. Land Characteristics and Surrounding Uses 3.1 The Northglen East subdivision is relatively flat. Phases 1 and 2 have been graded and site servicing has commenced, as shown in Figure 2. 3.2 The surrounding uses are as follows: North Vacant and draft approved for single detached dwellings (Phases 1 & 2) South Concession Road 3 and single detached dwellings East Estate Residential West Middle Road, vacant and draft approved for single detached dwellings and future medium density block Figure 2: View of subject site looking northeast along Concession Road 3 53 Municipality of Clarington Report PSD -046-18 Page 5 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Planning authorities are encouraged to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. The subject applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.2 The lands are located in a Designated Greenfield Area within a settlement area. In the Region of Durham, the Growth Plan establishes the target of 50 jobs and residents combined per net hectare in the Designated Greenfield Area. This target is measured across the Region of Durham. The Growth Plan encourages the creation of complete communities that are compact, transit -supportive and offer a range and mix of housing types, high quality public open space and easy access to local stores and services. The subject applications are consistent with the Provincial Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands designated Living Area permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development conforms with the Durham Region Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the lands as Urban Residential. The subject lands are within the Northglen Neighbourhood. The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure and types. Neighbourhoods are to be walkable, compact, connected and create a high quality public realm. The proposed rezoning conforms to the policies of the Clarington Official Plan. 6. Zoning By-law 6.1 There are various urban residential zones in the Northglen Neighbourhood. A rezoning is required to allow three car garages on dwellings that are situated on lots with a minimum of 18 metres of frontage. 54 Municipality of Clarington Report PSD -046-18 7. Public Notice and Submissions Page 6 7.1 The Public Notice of this meeting was given by mail to landowners within 120 metres of the subject site. Public Notice signs were also installed on each property's frontage along Concession Road 3. 7.2 As of writing this report, no comments have been received by members of the public. 8. Agency Comments Given the minor nature of the amendment, the application was not circulated to agencies for comment. 9. Departmental Comments The Engineering Services Department offered no objection to the proposed amendments. 10. Discussion The Northglen Neighbourhood has architectural design guidelines specific for the neighbourhood. The guidelines allow for 3 car garages on dwellings situated on lots with a minimum of 18 metres of frontage whereas the general architectural design guidelines used for other subdivisions in the municipality require a minimum lot frontage of 18.3 metres, with the front fagade being stepped back such that the outside bay is setback at least 0.6 metres. The guidelines restricts the garage widths to ensure a proportionate balance between the habitable portion of the dwelling and the garage is achieved. The Municipality's control architect has approved the builder's models for this subdivision, including models with three car garages. 11. Strategic Plan The recommendation contained in this report conforms to the strategic plan to support a variety of affordable mixed housing types and community design attributes that support our residents at every stage of life and across and across all abilities. 11. Conclusion Based on the review of the proposal, staff recommend that the proposed zoning by-law amendment be supported. 55 Municipality of Clarington Report PSD -046-18 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Page 7 Andrew Allison, B. Comm, LL.B CAO Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike(a)-clarington.net Attachment: Attachment 1: Zoning By-law Amendment List of interested parties to be notified of Council's decision: Hannu Halminen, Akero Developments Inc. Scott Jeffery, Jeffery Homes Michael Fry, D.G. Biddle & Associates CP/CS/nl NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2017\ZBA2017-0024 Northglen East\Staff Report\PSD-046-18.docx 56 Attachment 1 to Report PSD -046-18 The Corporation of the Municipality of Clarington By-law 2018 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to ZBA 2017-0024: Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12.4.7.1 "Urban Residential Exception (R1-71) is hereby amended as follows: a) Section12.4.71 g. ii) is deleted. 2. This By-law shall come into effect on the date of 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 57 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: June 4, 2018 Report Number: PSD -047-18 Resolution Number: File Number: ZBA2014-0033 By-law Number: Report Subject: An Application by Averton Group to rezone lands to permit a 40 townhouse units in a common elements condominium at the northwest corner of Mearns Avenue and Elephant Hill Drive, Bowmanville Recommendations: That Report PSD -047-18 be received; 2. That the application to amend the Zoning By-law submitted by Averton Group be approved and that the Zoning By-law contained in Attachment 1 to Report PSD -047-18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -047-18 and Council's decision; and 4. That all interested parties listed in Report PSD -047-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -047-18 Report Overview Page 2 The registered subdivision, situated north of Concession Street East and west of Mearns Avenue in Bowmanville, is currently under construction by Averton Homes. The subject site has been identified as a medium density condominium block within the registered subdivision since 2014. The applicant is seeking to rezone the subject parcel, to permit the development by amending the existing R3-49 zone, to allow condominium townhouses. 1. Application Details 1.1. Owner: Averton Homes (Bowmanville) Limited 1.2. Applicant/Agent: Biglieri Group 1.3. Proposal: Amendment to the Zoning By-law to rezone the subject lands from "Holding — Urban Residential Exception ((H) R2-84) Zone" to "Urban Residential Exception (R3-49) Zone". 1.4. Area: 1.57 hectares 1.5. Location: West side of Mearns Avenue, north of Concession Street and south of the Canadian Pacific Railway, being Part Lot 9, Concession 2, former Town of Bowmanville (See Figure 1). 1.6. Roll Number: 18-17-020-060-10807 1.7. Within Built Boundary: Yes 2. Background 2.1. The original draft approval was issued in 1996, by the Region of Durham. In 2014, Averton purchased the lands and requested further amendments to the draft plan including providing for: x An alternate access to Mearns Avenue; x Removal of a portion of Lyle Drive and replacing it with a walkway to address issues with the steep grades on site; x Updated conditions of draft approval and zoning to meet current municipal and agency requirements. 2.2. The original draft plan of subdivision was approved with a cul-de-sac for the lands on the north-west corner of Mearns Avenue and Elephant Hill Drive with a mix of townhouses and semi-detached units on a public internal road. Given the grades and the railway setbacks, the developer agreed to amend the draft approved plan by including these 59 Municipality of Clarington Report PSD -047-18 lands in a single block for a medium density townhouse development in a common elements condominium. See Figure 1. Page 3 2.3. A site plan application was submitted on November 30, 2016 for a 40 unit townhouse development in a common elements condominium. Revisions to this block did not proceed as quickly as the balance of the development and zoning on the lands was not amended to reflect the change to the approved draft plan until the site plan application was reviewed and further advanced the overall design and layout. 3. Land Characteristics and Surrounding Uses 3.1 The lands are at a higher elevation in the north-west and abutting the railway, then sloping to the south-east corner. The site has been graded and construction is underway on the first phase of the subdivision south of Elephant Hill Drive. Figure 1: Key Map 60 Municipality of Clarington Report PSD -047-18 3.2 The surrounding uses are as follows: North - Canadian Pacific Railway and Urban Residential South - Urban Residential East - Urban Residential West - Urban Residential -- LONGWORTH AVENUE � S 1 r Page 4 Subject Site s _ . =lipti M, 0. A ",..,�• + •A r SCOTTSDALE'DRIVE `• �' -` 7o 0 Z a MADDEN PLACE_ ids + LYLE DRIVE CAMPL[NG Figure 2: Key Map 61 HL) TTQN PLACE Municipality of Clarington Report PSD -047-18 4. Provincial Policy Provincial Policy Statement Page 5 4.1 The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational, park and open space, and other uses to meet long term needs. Some relevant policies are: x New development shall occur adjacent to built-up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of lands, infrastructure and public services. x New housing is to be directed to locations where infrastructure and public services are or will be available. x A full range of housing types and densities shall be provided to meet the projected requirements of current and future residents of the regional market area. x Infrastructure and public service facilities shall be provided in a coordinated and efficient and cost effective manner. 4.2 The subject lands are adjacent to established housing developments, where existing infrastructure is in place and transit routes are nearby. The proposed rezoning is consistent with the Provincial Policy Statement. Provincial Growth Plan 4.3 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. In particular: x Growth is to be accommodated in transit -supportive communities to reduce dependence on the automobile through the development of mixed-use, pedestrian -friendly environments. x Growth shall be directed to areas that offer municipal water and wastewater systems. x Municipalities should establish an urban open space system within the built up areas. x Municipalities must accommodate residential development within the built up area. 4.4 The subdivision has an array of housing types. Municipal water and sanitary sewers are available to the site. Transit routes are existing on Apple Blossom Boulevard and Mearns Avenue. A neighbourhood park is located on the north side of Elephant Hill Drive in the existing neighbourhood. A public elementary school and commercial centre are located on the east side of Mearns Avenue. The development allows for the efficient 62 Municipality of Clarington Report PSD -047-18 Page 6 use of lands, infrastructure and public services. The proposed rezoning is consistent with the Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject lands as Living Areas. Development of communities is permitted with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed rezoning is consistent with the Durham Regional Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the subject lands as Urban Residential. The lands are within the Apple Blossom Planning Neighbourhood. 5.3 New development in established neighbourhoods is designed to respect and reinforce the physical character of the neighbourhood having regard to the patterns of lots, streets and blocks, the size and configuration of the lot, building types of nearby properties, the height and scale of buildings and the setback of buildings from the street, rear and side yards. Densities at the edge of neighbourhoods and adjacent to arterial roads are to be higher than internal to a neighbourhood. 5.4 The proposed rezoning is consistent with the Clarington Official Plan. 6. Zoning By-law 6.1 The lands are currently zoned "Holding — Urban Residential Exception ((H) R2-84)". A Zoning By-law amendment is required to permit the condominium townhouse development. 7. Public Submissions 7.1 A Public Meeting for the rezoning associated with the revised plan of subdivision including the subject lands was held on March 9, 2015. Notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed along the frontages of Mearns Avenue, Elephant Hill Drive and Ireland Street. In April 2017, Averton Homes (Bowmanville) Limited applied for ZBA 2016-0022 to increase porch and building heights within the Draft Approved Plan of Subdivision. The public notice included the future medium density common elements condominium block. No comments have been received to date regarding the townhouse condominium block. 63 Municipality of Clarington Report PSD -047-18 8. Agency Comments Regional Municipality of Durham Page 7 8.1 Region of Durham Planning and Economic Development Department has no objection to the proposal as all matters concerning the Region of Durham Official Plan, Provincial Plan interest and delegated provincial review responsibilities have been addressed through the related subdivision application (18T-95030). 9. Departmental Comments Engineering Services 9.1 Engineering Staff have no objection in principle to this proposal. All residential lots affected by this zoning change will be subject to standard review and approval of lot grading prior to the issuance of building permits. All house siting/grading plans submitted in support of any building permit application must meet the intent and the integrity of the Master Grading Plan. 10. Discussion 10.1 The original Draft Plan of Subdivision included a cul-de-sac with 7 townhouses and 6 semi-detached/link units on the subject lands. The medium density block has been discussed previously in reports to Committee and Public Meetings. The applicant is seeking to amend the zoning which was originally approved in 1996 to reflect the Site Plan application currently under review by the Planning Services Department (See Figure 3). 10.2 Staff have reviewed four submissions of the site plan to date, and expect to issue site plan approval in the near future. The site has been designed to comply with the provisions of the "R3-49" zone. 10.3 The rezoning application conforms to Provincial, Regional and Municipal Planning Policies. 10.4 No significant issues have been raised to date regarding this proposed Zoning By-law amendment. It is in staff's view that the rezoning is appropriate, consistent and implements the Plan of Subdivision. ID Municipality of Clarington Report PSD -047-18 219 215 v " v - 211 207 x u 203 ' � S 1 Park S C+ Sn w Storage s t � n i 138 i 136 tVEPHAHILL Page 8 '►� v I N r w � 277 d- 130 145 149 '154-157 "'161 128 126. 137'a k r. �;S n "1►.� � :�'7 ;ti33 � M2 Figure 3: Site Plan 11. Concurrence Not Applicable. 12. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application to amend Zoning By-law 84-63 be approved. 65 Townhomes New Street Parcels Park Sidewalk Subject Site W L Z LU W� W '►� v I N r w � 277 d- 130 145 149 '154-157 "'161 128 126. 137'a k r. �;S n "1►.� � :�'7 ;ti33 � M2 Figure 3: Site Plan 11. Concurrence Not Applicable. 12. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application to amend Zoning By-law 84-63 be approved. 65 Municipality of Clarington Report PSD -047-18 13. Strategic Plan Application Page 9 The recommendations contained in this report conforms to the Strategic Plan to support a variety of affordable mixed housing types and community design attributes that support our residents at every stage of life and across and across all abilities. Submitted by: Reviewed by: David Crome, MCIP, RPP Director of Planning Services Andrew C. Allison, B. Comm, LL.B Chief Administrative Officer Staff Contact: Amanda Tapp, Planning Services Department, 905-623-3379 ext. 2420, or atapp(a)-clarington.net Attachments: Attachment 1 — Zoning By-law Amendment The following is a list of the interested parties to be notified of Council's decision: Isabelle Kim — Biglieri Group AT/C P/n I I:\ADepartnnent\LDO NEW FILING SYSTEMWpplication Fi1es\ZBA-Zoning\2014\ZBA 2014-0033 Averton\Townhouse - Condo B1ock\PSD-047-18.Docx m • Attachment 1 to Report PSD -047-18 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 2014-0033; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6.49 "Urban Residential Exception (R3-49)" is hereby amended by replacing the introductory paragraph as follows: "Notwithstanding Sections 3.1 g) and i), iv), 14.3 a., b., c., i), ii), iii), e., g., and 14.4 shall only be used for street townhouse dwellings and link townhouse dwellings, subject to the following regulations. The regulations shall apply to link townhouse units as if each unit is located on a lot." 2. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding — Urban Residential Exception ((H) R2-84) Zone" to "Urban Residential Exception (R3-49) Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule `A' attached hereto shall form part of this By-law. 4. 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. 67 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. DRIVE %IW 85 0 291 0 283 c 0 81 Z 79 cm N N ohm n Q in 271 62 61 H W J 267 263 56 52 Z 55 51 z a a 259 46 72 47 Lil 255 42 43 C L 30 30 N �^ 35 p 3 27 U SPRUCEWOOD CRESCENT LYLE I 175 T�w&� 179 183 187191 ri N N N N N I�INI�I�I��INI�I� 120 °0 c' i W w 112 0 104 100 62 GA MADDEN PLACE Z rM m n�r c rn� 0 o m mmwmw CW N n r N HUTTON PLACE MJZoning Change From "(H)R2-84" To "R3-49" I Adrian Foster, Mayor Bowmanville • ZBA 2014-0033 • Schedule 3 I C. Anne Greentree, Municipal Clerk il Uj cm N N ohm n av in ss 70 Z 72 W q o_,rym aomom 7e 76 80 ao LYLE I 175 T�w&� 179 183 187191 ri N N N N N I�INI�I�I��INI�I� 120 °0 c' i W w 112 0 104 100 62 GA MADDEN PLACE Z rM m n�r c rn� 0 o m mmwmw CW N n r N HUTTON PLACE MJZoning Change From "(H)R2-84" To "R3-49" I Adrian Foster, Mayor Bowmanville • ZBA 2014-0033 • Schedule 3 I C. Anne Greentree, Municipal Clerk il 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: June 4, 2018 Report Number: PSD -048-18 Resolution Number: File Number: ZBA 2017-0031 By-law Number: Report Subject: An Application by 2533937 Ontario Inc. to rezone the lands at 2005 Green Road to permit the development of a two-storey commercial building, and a multi—storey, mixed use building. Recommendations: 1. That Report PSD -048-18 be received; 2. That the application to amend the Zoning By-law 84-63 by 2533937 Ontario Inc. be approved and that the Zoning By-law as contained in Attachment 1 to Report PSD -048- 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 -048-18 and Council's decision; and 4. That all interested parties listed in Report PSD -048-18 and any delegations be advised of Council's decision. 70 Municipality of Clarington Report PSD -048-18 Report Overview Page 2 This report recommends the approval of an application by 2533937 Ontario Inc. to amend the Zoning By-law to permit the construction of a two-storey commercial building and a multi- storey, mixed use building at the northeast corner of Green Road and Stevens Road in Bowmanville. The proposed development conforms with the Clarington Official Plan and the Bowmanville West Urban Centre Secondary Plan. 1. Application Details 1.1. Applicant: 2533937 Ontario Inc. (Timothy Chai) 1.2. Proposal: Amend Zoning By-law 84-63 from "Agricultural (A)" to "Street - related Commercial Exemption (C9-6)" to allow the construction of two buildings: a two-storey commercial building, and a three to six storey mixed-use building. 1.3. Area: 4,640 square metres 1.4. Location: 2005 Green Road, Bowmanville 1.5. Roll Number: 1817-010-030-01710 1.6. Within Built Boundary: Yes 2. Background 2.1 The applicant has proposed to erect two buildings on the subject site at 2005 Green Road, Bowmanville. The proposed building at the corner of Stevens Road and Green Road will be a multi-storey mixed use building, built close to the street, with residential units above retail on the ground floor (see Figure 1). The proposed building on the east corner along Stevens Road will be a two-storey commercial building (see Figure 2). 2.2 On December 3, 2017, a Public Meeting was held to obtain public comments on the rezoning application. There was a delay in the application process, as the applicant placed the file on hold for several months. 71 ..mf, ■ilL� ■■■a ■���� loll soW4 11,u,11111115- 111,11,11111115- Noll Noll p"MR, VIII 11111111 ISI ill Municipality of Clarington Report PSD -048-18 Page 4 f Mixed Use Commercial ,� Building �• - Building g 0 Stevens Road% Figure 3: Conceptual Site Plan 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at the northeast corner of Stevens Road and Green Road in Bowmanville. The west portion of the property along Green Road currently has a residential dwelling, a shed, and an outdoor swimming pool (see Figure 4). The east part of the property, beyond the fenced backyard, is vacant (see Figure 5). Figure 4: Single -detached dwelling as viewed from Green Road facing east. 73 Municipality of Clarington Report PSD -048-18 Figure 5: View of the east side of the site on Stevens Road. Page 5 3.2 The surrounding uses are as follows: North - A mixed-use building and the athletic fields associated with Clarington Central School South - West Bowmanville Shopping Centre, including Dollarama and Home Depot East - Clarington Central Secondary School West - Commercial including Canadian Tire and Walmart 4. Provincial Policy Provincial Policy Statement, 2014 4.1 The subject property is located within the Bowmanville urban area. The Provincial Policy Statement identifies settlement areas as the focus of growth and development. Land use patterns within settlement areas shall include a mix of land uses, intensification and redevelopment where it can be accommodated. A mix of housing types and densities are to be provided. Long term economic prosperity is to be promoted. 4.2 The application is consistent with the Provincial Policy Statement. 74 Municipality of Clarington Report PSD -048-18 Provincial Growth Plan Page 6 4.3 The Growth Plan for the Greater Golden Horseshoe requires municipalities to achieve intensification within built-up areas. The subject property is located within the built-up area boundary where intensification is encouraged. The Growth Plan strives to achieve compact and complete communities by promoting intensification in settlement areas. In order to achieve complete communities, development must: )feature a diverse mix of land uses; ximprove social equity and overall quality of life; xprovide a diverse range and mix of housing options; xprovide easy access to a range of transportation options; and xensure development is of high quality compact form. 4.4 The proposed development conforms with the Provincial Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the property as a Regional Centre. Regional Centres are to develop to provide a fully integrated array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office space. 5.2 The proposed mixed-use development conforms with the Durham Region Official Plan. Clarington Official Plan 5.3 The subject land is designated "Urban Centre" within the Clarington Official Plan and is further designated "Street -Related Commercial" within the Bowmanville West Urban Centre Secondary Plan. This proposal for a mixed-use development conforms with the policies of the Clarington Official Plan and the Bowmanville West Urban Centre Secondary Plan. 6. Zoning By-law 6.1 This site is currently zoned "Agricultural (A)" in Zoning By-law 84-63. The applicant is seeking an amendment to the Zoning By-law to both implement the Official Plan and Secondary Plan designations and accommodate the two proposed buildings. 75 Municipality of Clarington Report PSD -048-18 7. Summary of Background Studies Page 7 Planning Justification Report & Urban Design Brief, D.G. Biddle & Associates Limited, September 2017 7.1 The Planning Justification Report evaluates the proposed development based on applicable planning policy, compatibility with adjacent development, integration of the site to the existing road network, and also provides an urban design brief. The proposed mixed-use development: x offers compact development and minimizes land consumption; x minimizes servicing by locating adjacent to existing municipal services within the settlement and built boundary; x assistthe Municipality of Clarington in achieving residential intensification targets for Bowmanville and offers affordable housing options; and, x supports active transportation and public transportation. The report concludes that the proposed rezoning would allow the development of an underutilized property, which will assist the Municipality in meeting intensification targets for the Bowmanville West Urban Centre. Functional Servicing and Stormwater Management Report, D.G. Biddle & Associates Limited, September 2017 7.2 The subject site is within the Westside Creek Watershed, and therefore surface runoff water drains into Westside Creek. The stormwater runoff is currently conveyed overland on Stevens Road. In order to service the proposed development, D. G. Biddle & Associates Limited has identified the functional servicing requirements for the proposed development, including improvements to the existing servicing. The proposed storm drainage system will allow peak storm events up to and including the 100 year return frequency. The proposed storm drainage system will be able to withstand a critical duration storm. Traffic Impact Study, Transplan Associates, July 2017 7.3 Transplan Associates developed a traffic study for the proposed development after the build -out of each phase. It was determined that the intersection of Stevens Road and Green Road would be able to maintain an acceptable level of service with stop signs for north to south movement, however the east to west movements will continue to deteriorate to critical levels. The study introduces future mitigation measures to accommodate the increase in traffic for east to west movements caused by the final build -out of the Brookhill neighbourhood development, including a signalized intersection. 76 Municipality of Clarington Report PSD -048-18 Phase One Environmental Site Assessment, Walt Gibson Engineering, 2017 Page 8 7.4 Walt Gibson Engineering conducted a Phase One Environmental Site Assessment (ESA) of the subject property, to determine if there is any contaminates on the site. The study determined there are no areas of obvious or potential environmental concern, and no further investigation is required. The subject lands, from an environmental prospective, is suitable for the proposed redevelopment. Stage 1 & 2 Archaeological Assessment, Northeastern Archaeological Associates Ltd. 7.5 The Northeastern Archaeological Associates Ltd. prepared a Stage 1 and 2 Archaeological Assessment. Stage 1 determined the subject property had potential for the recovery of archaeological resources of cultural heritage value. The Stage 2 assessment consisted of a test -pit survey which did not result in the discovery of any material of archaeological interest. Northeastern Archaeological Associates Ltd stated that no further archaeological assessment is required for the property. 8. Public Submissions 8.1 Staff received two inquiries regarding the proposed rezoning from the public in November 2017. 8.2 One inquiry requested information on the location and the number of the proposed apartments. 8.3 The adjacent landowner contacted staff regarding the completion of the mutual laneway easement between 2021 Green Road and 2005 Green Road. 8.4 The landowner south of the subject property (Beth Kelly of Valiant Rental Inc) spoke in opposition to the rezoning application at the Public Meeting held on Monday December 4, 2017. Ms. Kelly was concerned about the compatibility of the residential units within the proposed mixed-use building with the commercial building to the south (Dollarama and future phases) and the associated loading areas. 9. Agency and Departmental Comments 9.1 Regional Municipality of Durham has no objections to the proposed rezoning. Regional engineering requirements will be addressed through the site plan approval. 9.2 The Engineering Services Department has no objections to the proposed rezoning. Engineering Services finds the Traffic Impact Study acceptable and there are no concern with traffic generated from the site onto the existing road network. Traffic signals are tentatively scheduled to be installed at the intersection of Stevens Road and Green Road in 2018. Also, Engineering Services generally finds the most recent grading and servicing plan to be acceptable. 9.2 Emergency and Fire Services has no objections to the proposed rezoning. 77 Municipality of Clarington Report PSD -048-18 Page 9 9.3 The Finance Department has confirmed that the taxes on this property are up-to-date. 10. Discussion Permitted Uses 10.1 The proposed land uses include retail and services which are complementary to the character of the surrounding community. The uses in the recommended by-law implements the Official Plan policies of creating a mix of uses at higher densities with an active streetscape. Phasing 10.2 The applicant intends to phase the development with the dental office proceeding first. The recommended zoning by-law permits phased development. Densities and Heights 10.3 The Clarington Official Plan encourages intensification within Urban Centres, and requires all development within Urban Centres to contribute to the minimum density requirements of 120 residential units per net hectare for all of the Bowmanville West Urban Centre. The Official Plan also states, all commercial buildings within Urban Centres must have a minimum height of two storeys. A storey is defined as a floor area equal to no less than 50% of the floor area immediately beneath it. The proposal achieves the highest possible density that can be accommodated in the site, given the awkward linear configuration of the lot. Noise and Disturbance 10.4 Valiant Rental Inc. to the south raised a concern about the potential noise generated by the existing and future commercial business and loading areas south of the proposed residential units in the mixed-use building. The site plan review for the mixed-use building will include a Noise Study to evaluate the existing noise level generated by delivery vehicles on and off the property and provide mitigation measures to meet Ministry standards for the future residential units. It is likely that traffic noise will be a more significant noise concern and there will be mitigation measures to address all noise sources. Easement between Neighbouring Property 10.5 The property to the north (2021 Green Road) was approved for mixed use development in May 2015. The layout of the development at 2021 Green Road was designed to allow a future laneway with the development at 2005 Green Road (the subject site). The purpose of this laneway is to permit vehicular and pedestrian access through both properties (see Figure 6). Each property owner will grant an access easement over their portion of the laneway in favour of the neighbouring property owner. Municipality of Clarington Report PSD -048-18 4d'.. Green RoPlaza Existing Easement 'JF°1 I I Phase.11 r�i ,_ropose Easem Building l l l r l l l. l l l l Page 10 Phase I , Building ----- --- = ---- — — « Stevens Road -------------- 1 ------- — — — — — — IN - Figure _ - Figure 6: Proposed laneway easements over 2005 Green Road and 2021 Green Road Urban Design 10.6 The recommended by-law and the future site plan process will create an active streetscape by considering the urban design elements listed below: x Incorporating pedestrian design elements as required within Urban Centres, and more specifically within the Street -Related Commercial designation; x Creating an active streetscape, by locating retail businesses on the ground floor; x Buildings will be sited near the street with direct access to public sidewalks; and x Attractive and functional streets, with full height windows and canopies. Trees 10.7 The proposed site plan will require the destruction of a number of trees, including trees planted in the road allowance as part of the construction of Stevens Road. In a higher density development, tree loss is inevitable. The future site plan will include landscaping but the conditions of site plan approval will also require a compensation requirement for tree loss which would also include off-site compensation if it cannot be accommodated on site. 11. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application to rezone the lands to permit the development of a two-storey commercial building and a multi- storey mixed-use building be approved. 79 Municipality of Clarington Report PSD -048-18 12. Strategic Plan Application Page 11 The recommendation contained in this report conforms to the Strategic Plan to provide for a walkable mixed-use neighbourhood and encourage a "small" town feel, as well as support a variety of affordable mixed housing types and community design attributes that support our residents at every stage of life and across all abilities. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew . Allison, B.Comm, LL.B Director of Planning Services CAO Staff Contact: Ms. Tanjot Bal, Planner, 905-623-3379 ext. 2422 or tbal(a-_)clarington.net Mr. Carlos Salazar, Manager, 905-623-3379 ext. 2409 or csalazar(a_clarington.net Attachment: Attachment 1 - By-law and Key Map The following is a list of the interested parties to be notified of Council's decision: Ms. Hilary Kerrigan Ms. Denise Wilkins Ms. Beth Kelly Mr. Nikolas Papapetrou Ms. Erin Brady Mr. Jass Gill TB/COS/nl i"L"parimemuwU ivt* FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0031 2533937 Ont Inc 2005 Green Road\6-Staff Reports\Recommendation Report\PSD-048- 18.docx �1 / Attachment 1 to Report PSD -048-18 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, as amended. 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 2017-0031; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 22B STREET -RELATED COMMERCIAL EXCEPTION (C9-6) Zone, is hereby amended by the following Special Exemption zone 22B.4.5 as follows: 22134.6 STREET -RELATED COMMERCIAL EXCEPTION (C9-6) ZONE Notwithstanding Section 3.12 c., 22B.2.a, 22B.2 b., 22B.3 a., 22B. 3 b., 22B. 3 c. i., ii., 22B.3 i., those lands zoned C9-6 as shown on the Schedules to this By-law shall be subject to the following uses and regulations: a. Permitted Residential Uses Residential dwelling units are permitted on the second floor or higher of a four -storey building containing permitted non-residential uses on the ground floor. b. Permitted Non-residential Uses Beer, liquor or wine retail outlet; ii. Business, professional, or administrative office; iii. Convenience store; iv. Day nursery; V. Dry cleaning distribution centre; W vi. Eating establishment; vii. Laundry; viii. Medical or dental clinic; ix. School, Private; X. Retail/commercial establishment; and A. Service shop, personal. c. Regulations i. Building Height: a) Height of building containing non-residential uses (minimum) 2 storeys b) Height of building containing residential uses (minimum) 4 storeys ii. Minimum Storey Requirement Above the ground floor, each storey shall contain a floor area equal to no less than 50% of the floor area immediately beneath it to be considered a storey. iii. Yard Setback Requirements a) Front Yard (Minimum): 2 metres b) Front Yard (Maximum): 5 metres c) Exterior Side Yard (Minimum): 2 metres d) Exterior Side Yard (Maximum): 5 metres e) Interior Side Yard (Minimum): 1.5 metres f) Rear Yard (Minimum): 1.5 metres iv. Loading Space Requirements a) Loading Space (3 metres x 7.5 metres) 1 space 2. Schedule '3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Street -Related Commercial Exception (C9-6) Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule 'A' attached hereto shall form part of this By-law. 4. 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 2017- , passed this day of , 2017 A.D. Stevens Road ct3 a� a� 0 Durham H49hwaY2 Zoning Change From "A" To "C9-6" N Adrian Foster, Mayor Bowmanville • ZBA 2017-0031 . schedule 3 C. Anne Greentree, Municipal Clerk Fir Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the $ FF H V V L E L &9055-923x3379 &xtR2 R U G L Q D W R U Report To: Planning and Development Committee Date of Meeting: June 4, 2018 Report Number: PSD -049-18 Resolution: File Number: PLN 26.14.1 By-law Number: Report Subject: Clarington Transformer Station Peer Review, Update Recommendations: 1. That Report PSD -049-18 be received; and 2. That all interested parties listed in Report PSD -049-18 and any delegations be advised of Council's decision. W Municipality of Clarington 5 H S3R6U W Report Overview 3 D J H Council accepted funding from Hydro One to retain a hydrogeologist to peer review the Surface and Groundwater monitoring program imposed as part of the approval of the Environmental Assessment by the Minister of Environment and Climate Change (MOECC). The Municipality's hydrogeologist is providing his update on the peer review. 1. Background 1.1 Clarington Council and staff have been involved with the Clarington Hydro Transformer since March of 2012. The Minister of Environment and Climate Change (MOECC) approved the project in January of 2014 despite the objections/comments of Clarington Council and residents. 1.2 In June 2014, to address ongoing concerns from community members and residents, Hydro One proposed to Clarington to fund a peer review of their Surface and Groundwater monitoring program. The peer review consultant, SLR Consulting (Canada) Ltd. were retained and have been working with the residents, staff, Hydro One consultants and G360 group of scientists since late October, 2014. 1.3 In September 2014, Council approved a road use agreement contingent on the drilling of a deep monitoring well. The hydrogeologists agreed that the MW 5-14 site on Hydro One property was the most relevant location for this borehole and monitoring well. The MW5-14 site already has monitors at 4 metres, 7 metres and 40 metres; the deep borehole monitor at 112 metres and another monitor at 52 metres are the result of drilling the deep borehole. This provides multi-level monitoring (or a nested cluster of boreholes and monitors). This site will be the location of the rotosonic multi-level drilling and monitoring well. 1.4 In April 2015, Council approved funding as a contribution to the rotosonic drilling of up to $25,000, by resolution #C-136-15. 1.5 In February 2016, Council approved funding for tritium testing of up to $10,000 by resolution #C-030-16. To date an interim payment of $5,000 was provided to G360 for sampling and tritium analysis on private wells and the interim report received in July 2016. 1.6 In November, 2016 CLOCA entered into agreements with Hydro One which allows access to the site and deep well for ongoing monitoring under the conditions set out in the agreement. CLOCA has a Memorandum of Understanding with G360 for the rotosonic drilling and any scientific work by G360. CLOCA is host to the Oak Ridges Moraine Groundwater Program, they are the legal entity for the agreements. The Municipality is not party to the agreements. Municipality of Clarington Report PSD -049-18 Page 3 1.7 In May 2017, Council approved the reallocation of funding for tritium testing to the 4 well cluster at MW5-14, provided Hydro One and CLOCA are in agreement. 1.8 The Clarington Transformer Station became fully connected to the Hydro One Bulk Electrical network on April 30, 2018. Hydro One reports that the Enfield TS construction is progressing well with the station platform being complete to the bottom of the foundations. The main transformers are due to arrive at site in July 2018. The project in-service date is March 2019. 2. Summary of the Peer Review Findings 2.1 The SLR report reviews the present state of the existing information and purposely does not address the process by which it was achieved. Their review includes information from all parties, being Hydro One, Stantec, G360 scientists, Enniskillen Environmental Association, the Conservation Authority, Clarington, the Ministry of Environment and Climate Change and the Oak Ridges Moraine Groundwater Program. SLR staff conducted two site visits, attended one public meeting, and reviewed the 2017 Annual Montioring Report (by Stantec on behalf of Hydro One) on Clarington's behalf. No new well owner complaints were received in the reporting period. The results are outlined below, their more detailed report is Attachment 1. 2.2. The MOECC required a ground and surface water monitoring program . No significant adverse conditions were reported in the 2017 annual monitoring report. No requests to SLR from residents for interpretation or clarification were received. 2.3. As previously reported, the latter half of 2016 was very dry with very little groundwater recharge. These wells recovered with the wetter conditions in 2017, and no further well complaints were received by SLR. SLR reports that their previous conclusions that the water shortage was due to natural conditions and not the Transformer station have therefore been substantiated. 2.4. The G360 research group conducted further tritium sampling and analysis on local wells. They have found the presence of tritium (an indicator of age and not a contaminant) in the shallow wells as anticipated, and also in some but not all of the deeper wells. Some surficial contaminants like salt and short lived bacteria are also present at depth. This information points to a likelihood of insecure well casings. Dr. Cherry maintains that it could also be from a leaky aquitard, and has recommended further tritium testing in the aquitard, particularly on the site, as there are no private wells in the aquitard. CLOCA, through Dr. Gerber sampled the aquitard wells in the deep well cluster on site for tritium and found very little. These deep wells are scientifically constructed to preclude well leakage. SLR is of the opinion that the private well construction is the most likely mechanism and additionally cites the high difference in water pressures across the aquitard as a demonstration that vertical leakage through fractures is not very likely. Municipality of Clarington Report PSD -049-18 Page 4 2.5. In summary, SLR continues to maintain that the wells are not at risk from the Transformer Site . 3. Concurrence Not applicable. 4. Conclusion 4.1 The purpose of retaining a peer review consultant was to assist with understanding the technical information and to have an independent advisor monitor the practices and methodologies being employed during the construction of the Clarington Transformer Station. To date, the observations, recommendations and conclusions by SLR Consulting (Canada) Ltd have required additional work by Hydro One and their consultants to demonstrate that the conclusions of the Environmental Assessment and Permit to Take Water are reasonable and conservative. 4.2 Council and residents were concerned for the safety of private residential wells in the vicinity of the transformer construction and Farewell Creek. The Clarington Transformer construction is now complete. The peer review consultant, Hydro One consultants and MOECC have concluded that the transformer construction is not putting residential wells at risk. 4.3 Much has been learned about the hydrogeology of the site over the past few years providing additional scientific knowledge for the G360 researchers, and the Oak Ridges Moraine Groundwater Program. 5. Strategic Plan Application Not applicable. Municipality of Clarington Report PSD -049-18 _7� --- Submitted by: 41 David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: 5 Andrew Allison, B.Com, LL.B CAO Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid .clarington.net Attachments: Attachment 1 — Clarington Transformer Station Peer Review (circulated under separate cover) The following is a list of the interested parties to be notified of Council's decision: Brad Bowness, Hydro One Clint Cole, Enniskillen Environmental Association Drs. John Cherry and Beth Parker, G360, University of Guelph Dr. Rick Gerber, Oak Ridge Moraine Groundwater Program Chris Darling, CLOCA Steven Usher, SLR Consulting (Canada) Ltd I:\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 26 Ontario Hydro\PLN 26.14.1 Hydro One Sub -Station, Clarington\peer review\Staff Reports\3. PSD-049-18\PSD- 049-18.docx 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: June 4, 2018 Report Number: PSD -050-18 Resolution: File Number: ZBA2016-0008 By-law Number: Report Subject: Implementation of the Courtice Main Street Secondary Plan - Zoning By-law Recommendations: That Report PSD -050-18 be received; 2. That the Zoning By-law Amendment be approved and the By -Law as contained in Attachment 1 to Report PSD -050-18 be passed; 3. That notwithstanding Section 45(1.3) of the Planning Act, Council permits the submission of minor variance applications to the Committee of Adjustment, as required; 4. That once all conditions contained in the By-law with respect to the removal of the (H) Holding Symbol for each site are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -050- 18 and Council's decision; and 6. That all interested parties listed in Report PSD -050-18 and any delegations be advised of Council's decision. ac Municipality of Clarington Report PSD -050-18 Page 2 The purpose of this zoning is to implement the policies of the Courtice Main Street Secondary Plan for the lands east of the Farewell Creek. The proposed zoning will allow stacked townhouse apartments and mixed-use buildings (apartments with stores and restaurants on the first floor) of various heights along Durham Highway 2. The greatest intensity of residential and commercial uses are within the Town Centre at Trulls Road. The result will be a mixed-use corridor with a commercial centre at the southeast corner of Durham Highway 2 and Trulls Road. 1. Courtice Main Street Secondary Plan 1.1 The Courtice Main Street (CMS) Secondary Plan was developed to help create a strong identity for Courtice by promoting a mixed-use, transit -oriented corridor with the Urban Centre located at Durham Highway 2 and Trulls Road (formerly known as the "Town Centre"). The Urban Centre is envisioned to be the focal point of community activity. 1.2 The CMS Secondary Plan extends along Durham Highway 2 from Townline Road in the west to Courtice Road in the east (see Attachment 1). It also includes additional properties along Trulls Road which are a part of the Urban Centre for Courtice. 1.3 The CMS Secondary Plan contains a variety of complementary policies designed to shape the long-term vision for the Courtice Main Street area. These policies can be summarized by the following principles: x Intensification of people and building areas. This is in keeping with the density targets set out in the Durham Regional Official Plan which will support the creation of a walkable environment and a future rapid transit system; x A mix of land uses (residential and commercial) together on the same property and even within the same building. This will help to reduce land consumption and combine complimentary land needs such as parking; x Attractive streetscapes. This includes the thoughtful design of gateways, greenway features, pedestrian nodes, bike facilities, sidewalks, street trees, planted boulevards, lighting and street furniture, signage and specialty paving; and x High quality urban design of buildings and sites which all contribute to a positive image of the Courtice Main Street. 1.4 The CMS Secondary Plan includes a list of tools that will support the implementation of the Secondary Plan's policies. These tools are: x Zoning regulations that must be followed when developing land and constructing new buildings; x A Community Improvement Plan (CIP) to provide a set of financial incentivesthat will help to implement the vision for the Courtice Main Street area (completed 2016); and 91 Municipality of Clarington Resort PSD -050-18 Page 3 x A detailed Urban Design Plan for the Urban Centre which will demonstrate howall of the properties in the Urban Centre will be developed overtime (completed 2018). 1.5 Future capital works by the Municipality and the Region of Durham and private investment in redeveloping properties are essential components of implementing the Secondary Plan. 2. Background on Zoning By -Law Update 2.1 On October 3, 2016, a Public Meeting was held to present a draft copy of the new zoning regulations for the first phase of the CMS Secondary Plan (east of the Farewell Creek). A number of stakeholders shared their comments on the proposed zoning and the future development of the Durham Highway 2 corridor through Courtice. These comments are summarized here: x Enhance the walkability of Courtice Main Street. Make it a place that people can walk to; x Provide municipal infrastructure, specifically sanitary sewers, so that redevelopment can begin; x Create an identity for Courtice; x Give us the opportunity to shop locally; x Higher density residential growth is needed in the community but only if itis well designed; x Ensure an attractive streetscape along Durham Highway 2; x Increase the maximum permitted height in some areas up to 8 stories; x Reduced parking requirements will allow flexibility in the design of new developments; x The proposed minimum densities will require underground or structured parking which is expensive; and x Consider broadening the way land uses are defined to avoid the problem of missing any. 2.2 The general tone of the comments received were supportive of the new zoning and the opportunities that it would provide for redevelopment to take place. 2.3 Since the Public Meeting in October, 2016, a number of factors have contributed to delaying the release of the Courtice Main Street Zoning By-law until now. These factors included: x Ongoing discussions with developers for proposals within the Courtice Urban Centre at Durham Highway 2 and Trulls Road. (Mixed-use developments by Goldmanco and Provenzano); 92 Municipality of Clarington Page 4 Report PSD -050-18 x Completing the Clarington Official Plan Review from Council adoption of Amendment 107 in November, 2016, to Regional approval in June of 2017 and Ontario Municipal Board approval in May 2018; x Ontario Municipal Board hearing for the Bonnydon lands located in the Courtice Urban Centre; and x Facilitating development locations in other parts of the CMS Secondary Plan area such as High Street Courtice (Courtice Uplands) site. 2.4 Since the Public Meeting in October of 2016, the Clarington Official Plan has been updated. These new policies were required to bring the Clarington Official Plan into conformity with the Regional Official Plan and Provincial policies. These policies include accommodating increased height and density within Urban Centres and along Regional Corridors. The CMS Secondary Plan was previously planned to account for these Regional policies and to implement them as closely as possible given the physical constraints of existing neighbourhoods and natural features within the area. 3. Modifications to the Zoning Regulations since the Public Meeting Minimum heights increased to four stories 3.1 Durham Highway 2 will have a wide road allowance with some future widening occurring to implement bus rapid transit as separated right-of-way. This wide road allowance makes it difficult to create a "sense of enclosure" that is comfortable for people to enjoy a public space. It is generally understood that a ratio of 1:3 or less is best for an urban environment. With the wide right-of-way on Durham Highway 2, the CMS would only have a ratio of 1:6 at two storeys. Four storeys is the minimum needed for a 1:3. 3.2 Development of the Courtice Main Street area is expected to provide alternative housing forms that are not already widely offered in the community. The preferred built form in the Courtice Main Street area includes mid -rise apartment buildings and mixed- use buildings which include a mix of commercial and residential units. Stacked townhouses will also be permitted but they must also meet the four storey minimum height. 3.3 This diversity of housing form will assist in meeting the housing needs of the community. This form of housing is needed for those who are either unable to afford living in a detached home or prefer the accessibility and flexibility of living in a multi -unit building with close access to transit. 93 Municipality of Clarington Page 5 Report PSD -050-18 Heights increased in the Urban Centre 3.4 As part of OPA 107 the Official Plan now identifies the appropriate minimum and maximum heights in Urban Centres as a range between 4 and 12 stories. Heights have been increased to allow development of between 6 to 12 stories in the middle of the Urban Centre. The heights around the edge of the Urban Centre will remain at 4 to 6 stories to provide a transition down to the surrounding medium -density areas. Building podiums 3.5 In order for taller buildings to maintain an appropriate scale with their surroundings a step back has been introduced for all buildings that are six stories or more in height. These buildings will be required to setback all floors above the fourth floor to create a podium base. This is expected to have the effect of protecting views, reducing shadow impacts and reducing the visual impact of the building from the public street. Minimum floor space index have been removed from the list of regulations 3.6 Staff have reviewed the development potential through the GMS Secondary Plan and set height limits that will encourage development that will lead to increased density while remaining in scale with the surrounding neighbourhoods. This approach will allow for incremental development over time that will be market -supported, context -sensitive and will allow development to grow towards the Region's and Clarington's long-term density targets. Minimum lot frontage has been reduced from 80 metres to 50 metres 3.7 Vehicle entrances to properties along Durham Highway 2 will be limited to ensure traffic safety. Properties will need to coordinate their entrances onto Durham Highway 2 and accommodate private laneway connections between neighbouring properties in order to satisfy the Durham Region entrance requirements. Based on modelling completed by the Planning Services Department, minimum lot frontage of 50 metres will provide the smallest development site that will still balance traffic safety and make it easier to assembly multiple lots for redevelopment. Minimum lot area has been added 3.8 In conjunction with the minimum lot frontage regulation, adding a minimum lot area regulation will ensure that future development sites are of a size that would be sufficient to accommodate the functional (i.e. parking) and locational (i.e. setbacks from neighbours) needs of multi-storey buildings. The lot frontage and area requirements will create consolidated parcels for new development. Limits on non-residential floor space have been added 3.9 To implement the Regional Corridor policies of the Clarington Official Plan, the maximum size of non-residential units has been limited to a maximum floor area of 600 square metres (6,460 square feet). To avoid undermining the intended function of 94 Municipality of Clarington Page 6 Report PSD -050-18 Urban Centres as the focus for retail and service uses, non-residential developments along the Regional Corridor are restricted to a maximum floor area of 3,000 square metres (32,290 square feet) per property. These limits only apply to the Regional Corridor and not to the Urban Centre. 3.10 Within the Urban Centre there is no limits on the size of non-residential units nor is there a limit on the total floor area. This allows the Urban Centre to accommodate large - format retailers, including supermarkets. Minimum landscaped open space has been increased 3.11 A review of the landscaped open space requirements led to the conclusion that it was possible to increase the minimum requirements from 10% to 15%. This will provide for increased green space and residential amenity areas within each development. Loading space size has increased 3.12 Taking into account various sized service and delivery vehicles the loading requirements have been increased from 3 metres wide by 7.5 metres long to 4 metres wide by 9 metres long. Minimum parking requirements have increased 3.13 In order to support the conversion of the Courtice Main Street corridor to a transit - supportive area, the previous draft of the Courtice Main Street Zoning By-law included reduced parking ratios for both residential (0.75 per dwelling including visitor parking) and non-residential use (1:40 square metres). The parking ratios for residential use have been slightly increased (1.0 per apartment dwelling including visitor parking). The parking ratios for non-residential uses are now limited to banks, business and professional offices, retail commercial establishments and personal service shops. It is recognized that the reduction in the minimums provides flexibility and that many projects will continue to have the same or greater ratios to meet the requirements of their tenants. Minimum distance between a parking space and a building has been added 3.14 Parking spaces placed perpendicular with a sidewalk can lead to cars encroaching over the sidewalk. As a result, a 3 metre setback has been added in order to preserve sufficient space on the sidewalk for pedestrians, street trees, street furniture, and other amenities. Future Municipal Site 3.15 The Municipality will acquire and consolidate a number of properties for a future Library and urban square. These lands are zoned with a compound zoning, allowing the continuation of the uses under the existing zoning and also the future municipal use. 95 Municipality of Clarington Resort PSD -050-18 4. Future Review and Modifications Page 7 4.1 The proposed zoning regulations present some major changes in creating Mixed -Use Zones. As a result, it will be necessary for staff to monitor and evaluate the implementation of these zoning tools to ensure that they achieve their intended outcome. It is recommended that minor variances be permitted to any of the performance standards, it is requested that Council grant permission for the submission of these applications to the Committee of Adjustment. 4.2 In the meantime, the new zoning regulations will provide prospective developers and the public with the confidence that Clarington is committed to redeveloping the CMS Secondary Plan as a mixed-use, transit -oriented corridor with the Urban Centre as the centre of community activity. Existing businesses will be given the opportunity to continue to operate in their current form or to redevelop in accordance with the new regulations. 5. Existing Buildings 5.1 Most properties in the Courtice Main Street contain an existing building. It is not the intent of these new zoning provisions to have these buildings convert to a new use. Before a new use will be permitted, property owners will have to demonstrate that they conform with the regulations set out in the by-law and the Secondary Plan such as: x Minimum building height and location; x Driveway access and joint access between properties; x Setback from environmentally protected areas; and x Municipal servicing. 6. Public Notice and Submissions 6.1 Notice for this meeting was given to all "Interested Parties" who had previously provided comments or expressed an interest with the new zoning regulations for the Courtice Main Street area. The notice was also mailed to each landowner whose property will be rezoned. In addition, the notice was posted on the Municipal website and in the Planning Services E -Update newsletter. Municipality of Clarington Resort PSD -050-18 7. Agency Comments Regional Municipality of Durham Page 8 7.1 When originally approved, the CMS Secondary Plan contemplated a width of 36 metres for the Durham Highway 2 right-of-way. Since that approval, Durham Region has prepared a Regional Transportation Master Plan (Regional TMP) that identifies the future right-of-way width for Durham Highway 2 as 45 metres. This increased width is to accommodate future bus -rapid -transit service. As a result, the Region has requested that the minimum front yard setback be increased from 2 metres to 4.5 metres. 7.2 The properties within the CMS Secondary Plan area along Durham Highway 2 have limited development potential. Properties on the north side of Durham Highway 2 are constrained by the Black Creek to the north. Properties on the south side of Durham Highway 2 are constrained by existing, low density residential neighbourhoods to the south. To further increase the width of the Highway 2 corridor by an additional 9 metres (36 metres to 45 metres) would limit potential redevelopment and jeopardize the viability of the bus -rapid -transit network that is being sought by the increased widening. 7.3 It is Staff's opinion that maintaining the proposed minimum front yard setback of 2 metres will not inhibit the Region's objective of transforming Durham Highway 2 through Courtice into a major transit spine. The setbacks are established from the road allowance and the Region has the opportunity to take widening through site plan approval. In addition, incorporating the Regions request for additional width will likely result in less density thereby inhibiting the viability of the future rapid transit service. 8. Conclusion 8.1 The attached zoning by-law amendment is intended to facilitate redevelopment along the Courtice Main Street in accordance with the vision established in the Secondary Plan. 8.2 It is respectfully recommended that the attached zoning regulations for the Courtice Main Street area be approved. 9. Strategic Plan Application The proposed rezoning facilitates the creation of jobs and businesses, provides for walkable mixed use neighbourhoods and helps support a variety of affordable housing types. 97 Municipality of Clarington Resort PSD -050-18 Submitted by: David Crome, MCIP, RPP, Director of Planning Services Reviewed by: Page 9 Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Paul Wirch, Senior Planner, 905-623-3379 x2418 or pwirch@clarington.net Carlos Salazar, Manager, 905-623-3379 x27409 or csalazar(a)-clarington.net Attachments: Attachment 1 — Courtice Main Street Secondary Plan Land Use Map Attachment 2 — Final Zoning Map 1 Attachment 3 — Final Zoning Map 2 Attachment 4 — Zoning By-law List of interested parties to be notified of Council's decision is on file in the Planning Services Department. I:\ADepartnnent\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2016\ZBA2016-0008 Courtice Main Street\3-Staff Reports\PSD-050-18\PSD-050-18-V.2.Docx Municipality of Clarington Attachment 1 to Report PSD -050-18 rL z 4 W �. 7a 'a Wz w q [da M VFp ¢W o0 LL O 0 U Attachment 2t Municipality O C|aHng 0n Report PSD -050-18 IN30sau,3NAww o 2 � K N 2 30SMUO N01100d � ) i } � UJ \2 , 0 o : S M . CL a+a RNA )l !17 f . � � 2 & 7�{ $Sm 0 2 - ƒ L X R k \ /) §_ ! 2 k &A@Q HE)N mum S . zJaLu � \ § \ \ §\5 a o mNO1 2Nd «\LUA 2 § B ! § k \ k ! S ] ] �e3 �o 0/ ( § A o 0 0 � % \ �¥ � ¥� 4 I30 Attachment 3 to Municipality of Clarington Report PSD -050-18 11 111 !� i Illl , 1111NII - �c III1111 �� IIII�IN � � f11111111Y11 a �o 101 NOO©OM Attachment 4 to PSD -050-18 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 2016-0008; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2, 3, 16 and 26 of By-law 84-63 are amended as set out in of this By- law. 2. The following definition is added: Mixed -Use Building Shall mean a building containing apartment dwellings and at least one non- residential use. 3. The following General Provisions are added: 3.11 b Home Occupation (Multi -Residential) a. Permitted Uses i) adult home care; ii) business, professional or administrative office; iii) caterer; iv) children's home care; v) home craft business; vi) instructional services; and vii) personal service shop. b. Regulations The following regulations apply to dwelling units wherein a home occupation is permitted: i) There shall be no display, other than a sign erected in conformity with the By-laws of the Municipality. ii) Not more than twenty-five (25) percent of the total floor area of the dwelling unit shall be used for the purposes of the home occupation use. iii) No additional parking shall be required. iv) There shall be no outside storage of goods or materials associated with a home occupational use. v) Instructional services may accommodate a maximum of one student at a time. 4. Sections 26.4, 26.5 and 26.6 are deleted and replaced with: 26.4 Certain Words In this By-law words used in the present tense include future; words in the singular number include the plural; words in the plural include the singular number; and the word "used" includes "arranged, designed, or intended to be used"; the word "shall" is mandatory and not directory. 26.5 Zone Suffixes On occasion, the zone symbol on the schedules may be followed by one or more letters and numbers enclosed in brackets. The information provided in the brackets indicates the maximum number of units permitted within the boundary of the zone limits. The maximum total numbers of units permitted is indicated by the letter "T" followed by a number. For example, "R1 (T: 0.65)" indicates that a maximum of 65 units may be developed. The suffix "S" indicates the minimum and maximum number of stories permitted for buildings constructed within this zone boundary on the lot. For example, the category MU1(S:2/4) indicates a minimum of 2 stories and a maximum of 4 stories may be constructed on a lot with this zoning. 26.6 Compund Zones Notwithstanding any other zone provision of this By-law, where two or more zone symbols are shown on a map to this by-law divided by an oblique line 'T', the total of the lands within that lot may be used for any use permitted in either one of the zones included in the compound zone symbol subject to the regulations applicable to said zone. Where two or more zones in a compound zone permit the same use and the regulations contained in each zone for that use are different, the least restrictive regulation shall apply. Attachment 4 to PSD -050-18 5. Section 16A — MIXED-USE (MU) ZONE, is deleted and replaced with the following: This By-law establishes the following zones and places all lands subject to this By-law in one or more of the following zones: SymbolZone Category Mixed-- Commercial Mixed -Use MU1 Residential Mixed -Use MU2 Urban Centre Mixed -Use MU3 16A Mixed Use (MU) Zone 16A.1 Zones xCommercial Mixed Use (MU1) x Residential Mixed Use (MU2) x Urban Centre Mixed Use (MU3) 16A.2 Permitted Uses Uses permitted in the Mixed Use Zones are denoted by the symbol " 9 in the column applicable to that zone and the corresponding row for a specific permitted use in the Permitted Uses table. TABLE.A -ZONE RESIDENTIAL USES Mull MU2 Apartment Building 9 9 Mixed -Use Building !J 0 Stacked Townhouse Dwelling 9 9 9 Home Occupation (Multi -Residential) 9 9 9 Long Term Care Facility 9 9 9 Retirement Home 9 9 9 Existing Single Detached Dwelling RETAIL USES Artisan Studio 9 Convenience Store 9 Retail Commercial Establishment 3 3 Supermarket PERSONAL AND PROFESSIONAL Business, Administrative or Professional Office 9 Eating Establishment 9 Eating Establishment, Take-out 9 Financial Office 9 Fitness Centre 9 Day Nursery 9 Dry Cleaning Distribution Centre 9 Hotel 9 Laundry 9 Medical or Dental Clinic 9 Printing or Publishing Establishment 9 School, Commercial 9 Service Shop, Personal 9 Service Shop, Light 9 Veterinarian Clinic 9 GATHERING PLACES AND COMMUNITY USES Place of Entertainment 9 Place of Worship 9 Private Club 9 16A.3 Additional Regulations for Permitted Uses 1. Non-residential units must be located on the first floor (ground floor) and within the business establishment street fagade when located within a mixed- use building. Non-residential units may also be permitted elsewhere in a mixed-use building provided that the ground floor is fully occupied with non- residential uses. 2. Existing single detached dwellings shall be subject to the regulations contained in Section 12.2. 3. Non-residential uses are only permitted within a mixed-use building in the MU1 and MU2 zones. 4. Building which existed on the date of the passing of this By-law may only be converted to a new or additional use if they conform to all regulations of the respective MU zone. 16A.4 Regulations The regulations for lots in the Mixed Use Zones are set out in the Regulations table. TABLE,. •ZONE Minimum Lot Area (Ha) 0.25 0.25 0.25 Minimum Lot Frontage (metres) 50 50 50 Minimum (metres) 2.0 2.0 2.0 Front Yard Maximum (metres) for the 5.0 5.0 5.0 minimum building height Exterior Minimum (metres) 2.0 2.0 2.0 Side Yard (for corner Maximum (metres) 5.0 5.0 5.0 lots Minimum (metres) 1.5 1.5 1.5 Interior Minimum abutting an Side Yard Urban Residential Zone 5.0 5.0 5.0 (metres) Minimum (metres) 1.5 1.5 1.5 Rear Yard Minimum abutting an Urban Residential Zone 10.0 10.0 10.0 (metres) Building Massing (excluding accessory buildings As shown on As shown on As shown on Number of Minimum the Zoning the Zoning the Zoning storeys Ma p Ma p Ma p (subject to Schedule Schedule Schedule Section 26.5- As shown on As shown on As shown on Zone Maximum the Zoning the Zoning the Zoning Suffixes) Map Map Map Schedule Schedule Schedule Above the first floor, each storey shall contain a gross floor area equal to or greater than 50% of the gross floor area of the floor immediately beneath it. Minimum gross floor area Minimum Along Durham Highway 2 length of the street fagade Along any other public or private street Buildings six storeys or taller shall setback all floors above the fourth storey that face a public street (metres) Building Elernentj Amount of transparent glazing within the business establishment street fagade 70% 70% 70% 30% 30% 30% 3.0 50% 3.0 11111� 50% 3.0 50% Within a street fagade; or Residential Entrance Along the side of the building but no more than half the width of the building from a Location of street fagade. Entrance At least one public entrance for each Non -Residential Entrance business located on the first floor shall be located within a street fagade. Maximum size of non-residential units 600 600 No limit (square metres) Maximum amount of non-residential floor space per property (square 3,000 3,000 No limit metres) —!E:: Landscape Requirements = Mull MU2 MU3 Landscaped Open Space (minimum) 15% 15% 15% Minimum planting strip abutting an 3.0 3.0 3.0 Urban Residential zone (metres) Minimum number of loading spaces 1 1 1 (4 metres x 9 metres) Minimum distance between a parking space and a building where a walkway 2.5 2.5 2.5 is located beside the building metres Minimum number of parking spaces based on the gross floor area of bank, 1 for every 1 for every 1 for every professional office, retail commercial 40 m2 40 m2 40 m2 establishments and personal service shop Minimum number of parking spaces per apartment dwelling unit (including 1.0 1.0 1.0 visitor parking spaces) 16A.5 Additional Regulations in the Mixed -Use Zone a. Notwithstanding Section 3.7a. no new uses may be established on a lot that contains less than the minimum required lot area and frontage. b. The front yard and exterior side yard setbacks only apply to the buildings, or portion of buildings, which are being counted towards compliance with the minimum length of the street fagade. c. The parking requirements of any MU zone may be accommodated on lands zoned MU within 150 metres of the subject property. 16A.6 Holding Symbol The holding symbol will be removed once the Municipality is satisfied with the following items: a. Access i) Conformity with the respective road authority's entrance requirements; ii) Accommodating access between adjoining properties; iii) The entrance location will not inhibit redevelopment on other lots in the same block; and b. Environmental Protection i) For properties located on the north side of Durham Highway 2, an Environmental Impact Study must be completed in accordance with the Clarington Official Plan and the recommendations incorporated into the approved Site Plan. c. Servicing i) The uses to be permitted will be serviced by Municipal water and sanitary sewers. 16A.7 Site Specific Exceptions Section 16A.7.1 Urban Centre Mixed Use Exception "MU3-1 (SA/6)" Notwithstanding the respective provisions of Table 16A.4 those lands zoned MU3- 1 (SA/6), on the Schedules to this By-law, shall be subject to the following: a. Regulations i) Minimum length of the street fagade along Durham Highway 2 40% ii) Location of Residential Entrance No requirement Section 16A.7.2 & R P PMNedJU!Fe ExQplQbn "MU1-1 (SA)" Zone Notwithstanding the respective provisions of Section 16A, those lands zoned "MU 1-1 (SA)" on the Schedules to this By-law shall, in addition to all other uses and regulations of the MU zone, be subject to the following requirements: Permitted Uses i) A business, professional or administrative offices may be located within the building which existed on the date of the passing of this By-law; and ii) A medical or dental clinic may be located within the building which existed on the date of the passing of this By-law. a. Regulations i) All permitted uses listed in 16A.10.2 a., must be located within a building which existing on the date of the passing of this By-law. ii) Where the zone symbol shown on a Schedule to this By-law is preceded by the letter (H), the use of the lands shall be limited to the existing single detached dwelling. The (H) Holding Symbol may be removed upon Council being satisfied that the property has received Site Plan approval by June 30, 2019. Section 16A.7.3 & R P PMiAedJUfe Exd[i)pt®n "MU1-2 (SA)" Zone Notwithstanding the respective provisions of Section 16A, those lands zoned "MU 1-2 (SA)" on the Schedules to this By-law shall, in addition to all other uses and regulations of the MU zone, be subject to the following requirements: a. Permitted Residential Uses i) Dwelling units existing at the date of the passing of this by-law. b. Permitted Non -Residential Uses i) Business, professional or administrative offices; ii) Commercial school; iii) Convenience store; iv) Day nursery; v) Dry Cleaning Distribution Centre; vi) Eating Establishment; vii) Eating Establishment, Take-out; viii) Financial Office; ix) Hotel; x) Laundry; A) Medical or Dental Clinic; xii) Motel; xiii) Personal Service Shop; xiv) Place of Entertainment; xv) Place of Worship; xvi) Private Club; xvii) Retail/Commercial Establishment; xviii) Tavern; xix) Veterinarian Clinic; and xx) Stationary Refreshment Vehicle provided the property was identified in a Stationary Refreshment Vehicle license issued by the Municipality prior to September 21, 2015 and the property has continuously been identified in an annual stationary Refreshment Vehicle license issued by the Municipality since that date. C. Regulations i) All permitted uses listed in 16A.10.3 a. and 16A.10.3 b., with the exception of a Stationary Refreshment Vehicle, must be located within one of the two buildings which existing on the date of the passing of this By-law. 6. Section 15A Major Institutional (P1) Zone is hereby amended by adding, the following new Special Exception zone 15A.3 as follows: 15A.3 Special Exceptions — Major Institutional (P1) Zone 15A.3.1 Major Institutional Exception (P1-1) Zone Notwithstanding Section 15A.1 those lands zoned P1-1 as shown on the Schedules to this By-law shall be subject to the following uses and regulations: a. Permitted Uses i) Library a. Regulations i) Lot Area (minimum) 0.25 Ha ii) Lot Frontage (minimum) 50 metres iii) Yard Requirements (minimum) a. Front Yard (metres) Minimum 2.0 Maximum 5.0 b. Exterior Side Yard Minimum 2.0 Maximum 5.0 c. Interior Side Yard 1.5 d. Rear Yard 1.5 7. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation as indicated on the attached Schedule "A". 8. Schedule `A' attached hereto shall form part of this By-law. 9. 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 111 This is Schedule "A" to By-law 2018- , passed this day of DURHAM Hi(3hWAy2 - Zoning Change From '[H]R1'To'(H)MU2[S:4)' - Zoning Change From '(H)R1'To'(H}MU2[S:41S]' - Zoning Change From'(H]R1' To '(H)M U 3[5:476]' - Zoning Change From To RT Zoning Change From'{H]R2-S6' 7o'(H]hfU2[5:4p - Zoning Change From '(H)R3-3d' To'(H)MU2[S:4p MASH ROAD NASH URHANJ HIGHWAY 2 Zoning Change From 'C1'To'(H)MU3[S:116y - Zoning Change From 'C1'To'(H]MU3($:2/6]' Zoning Change From 'C1'To'(H]MU3(S:4r6]' Zoning Changs From 'C1-35' To'(H)MU1-2[3:214)' Zoning Change From 'C1-51' To'C1-611P1-1' - Zoning Change From 'C2' To'(H)MU3[S:416]' Adrian Foster, Mayor OURHAM HI� GH` 2018 A.D. �\8;kN_DRINGHAM DR SANORINGHAM DR a =Zoning Change From'C2-3' To'(H)MU1(S:4)' Zoning Change From'R1' To'(H)MU1(SAY 0 Zoning Change From'C5.1' To'(H)MU2(S:416)IC5-1' Zoning Change From'R1' To'(H)MU1.1[S:4]' Zoning Change From'CS-5' To'(H)MU2[S:4I6YC5-5' _ Zoning Change From'EP'To'[H]MU1-1(S:4)' _ Zoning Change Fr*m'EP'To'[H]MU2{5:4)' - Zoning Change From'EP' To'[H]MU3(S:418]' Zoning Change From'R1' To'(H)MU2[S:4]' - Zoning Change From'R1' To'(H)MU2(S:416)' - Zoning Change Fmm'R1' 7o'(H)MU3[5:416]' Courtice * ZBA 2016-4008 • Schedule 4 112 bUR� � y�GH�RY2 Zoning Change From 'R1' 7a'(H)MU3-1(3:416]' _ Zoning Change From'Ft1-51' To'[H]MV2{3:4f6}lR1-5i' Zoning Change From 'R2' To'(H)MU2(S:4My _ Zoning Change From '(H)R1' To'(H)R1lP7-1' Zoning Change From'C7' To'[H]MV3[S:6/12y A ❑I S+I ❑ a STAGEMASTER CRESCENT U �I a O U _ Zoning Change From 'CV To EP, - Zoning Change From 'RV To 'EP' Zoning Change From'R4' To'EP' Zoning To Remain 'EP - Zoning To Remain 'EP -2' C. Anne Greentree, Municipal Clerk 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: June 4, 2018 Report Number: PSD -051-18 Resolution: File Number: PLN 34.5.2.76 By-law Number: Report Subject: Amendment of Heritage Designating By-law - The Belmont House Recommendations: That Report PSD -051-18 be received; 2. That the recommendation of the Clarington Heritage Committee to amend the designating by-law of The Belmont House at 302 Given Road, Newcastle, under Part IV of the Ontario Heritage continue to be processed; 3. That the Clerk prepare the required notice to amend the designation pursuant to Section 30.1 (2) of the Ontario Heritage Act; 4. That depending on the response to the notice to amend the designation, the Clerk either prepare the necessary by-law or report back to Council regarding objection(s) received; and 5. That all interested parties listed in Report PSD -051-18 and any delegations be advised of Council's decision. 113 Municipality of Clarington Report PSD -051-18 Report Overview Page 2 The property at 302 Given Road, Newcastle (the Belmont House) is currently designated under Part IV of the Ontario Heritage Act by By-law 88-173 for its architectural and historical value. An amendment to the designating by-law is necessary to update the legal description for the Belmont House property resulting from a land division that severed the property from its larger original parcel. Additionally, the amendment will also revise the language and format of the designating by-law to meet the requirements introduced in the Ontario Heritage Act in 2005 and clarify the description of the property's heritage attributes. 1. Background 1.1 On November 7, 1988, Council approved designation By-law 88-173 (Attachment 1) for the property identified as 302 Given Road, Newcastle, under Part IV of the Ontario Heritage Act. The house is known as the Belmont House and is a distinctive example of Georgian architecture with Edwardian details. It was originally built in 1814 and, after a fire destroyed the home, was rebuilt in 1898 in an almost identical style to the original house on the same foundation. It was the home of Major Samuel Street Wilmot, and his son, Samuel Wilmot who established the Newcastle Fish Hatchery along Wilmot Creek to the west of the home after conducting fish breeding experiments in the home's basement. This is believed to be the first fish hatchery in Canada. Additional information on the history of the property is outlined in Attachment 4. 1.2 In 2005, the Ontario Heritage Act was amended to include, among other provisions, the requirement that designation by-laws be written to include a statement explaining the cultural heritage value or interest of the property and a description of the specific heritage attributes of the property. Designation by-laws passed prior to 2005, as is the case with Designation By-law 88-173, often described heritage attributes more generally and a statement of cultural heritage value or interest was not specifically required. 1.3 In 2016, the owner of the Belmont House applied to the Land Division Committee to sever a 0.66 hectare parcel containing the Belmont House from the existing 5 hectare lot. This application was made in anticipation that the retained lands would be used for the future Foster North West residential subdivision. The severance was cleared in early 2017 and the severed lot was registered with a new legal description. Reference plan 40R-28940 showing the severed lot (Part 1) is included as Attachment 3. 1.4 Designation By-law 88-173 should be amended to include the new legal description of the severed lot containing the Belmont House. This also provides the opportunity to further revise the by-law to ensure it is consistent with the 2005 update to the Ontario Heritage Act and to clarify the description of the property's heritage attributes. At its January 16, 2018 meeting, the Clarington Heritage Committee recommended amending Designation By-law 88-173 in this manner while having regard to the description of the heritage attributes identified in the Heritage Impact Assessment that was submitted as part of the Land Division application. 114 Municipality of Clarington Report PSD -051-18 Page 3 2. Ontario Heritage Act 2.1 The Ontario Heritage Act outlines the process for the designation of individual properties under Part IV, Section 29. Amendments to a designating by-law are outlined in Section 30.1 which stipulates that the same process under Section 29 applies for amending a designating by-law. The Act provides some flexibility in Section 30.1(2) by allowing municipal Council to follow a circumscribed notice process when the purpose of an amendment is to clarify or correct the description of the property's heritage attributes, to correct the legal description of the property or to revise the language of the by-law to make it consistent with the requirements of the Act or the regulations. 2.2 Under the circumscribed process, a notice of the proposed amendment is only served on the property owner and the owner is the only party able to file an objection to the proposed amendment. Council is still required to consult with the Heritage Committee and the owner retains the ability to object to the proposed amendment within 30 days of receiving notice of the proposed amendment. 2.3 Staff have consulted with the Municipal Solicitor who has concurred that the proposed amendment appears to meet the requirements for amending a designation by-law using the circumscribed amendment process of Section 30.1(2) of the Act. Attachment 2 is the proposed designation by-law which would replace the existing by-law. 2.4 Section 31.1(10) of the Ontario Heritage Act, 2005 specifies that when old designation by-laws are updated, they must conform to the updated Act. 3. Discussion 3.1 A Heritage Impact Assessment (HIA) submitted as part of the Land Division application. The HIA was completed in 2014 by Golder & Associates and contains the most recent assessment of the existing condition of the Belmont House and a description of the property's heritage attributes. 3.2 The HIA describes many heritage attributes of the Belmont House in more detail than the existing Designation By-law 88-173. The HIA identifies the three bay symmetry on the south fagade, the original foundation, wooden dentils and brackets on the cornice, the bay windows and wood sash windows. The inclusion of these heritage attributes in the proposed amendment to the designation by-law will add clarity to the by-law by providing a more complete and accurate description of the property's existing heritage attributes. 3.3 Subsequent to the original designation by-law, changes to the Provincial Policy Statement 2014 and the Ontario Heritage Act, 2005 resulted in provisions to include a heritage property's context and natural setting as contributing features. The original designation by-law does not list the rural context or landscape features of the Belmont House, the HIA identifies the property's proximity to the creek and existing landscape elements such as the mature trees and the curved driveway in the front yard as contributing heritage attributes. These landscape features exist as a surviving link to the Belmont's heritage as a rural farmhouse. 115 Municipality of Clarington Report PSD -051-18 Page 4 3.4 Designation By-law 88-173 included the slate roof and pillared verandahs with railed balconies as having architectural value. The slate roof has since been replaced with a synthetic roof and the railed balconies on top of the verandahs have been removed. The amended by-law description of the heritage attributes will exclude these altered features. 3.5 The owner of the Belmont House property has been consulted on the proposed amendment to the designating by-law. 4. Concurrence The Municipal Solicitor concurs with the recommendations in this report. 5. Conclusion 5.1 The Clarington Heritage Committee and staff are in support of the proposed amendment to the designation by-law of 302 Given Road, the Belmont House. 5.2 Should no objections be received by the Municipal Clerk within 30 days of providing the written Notice of Intention to the property owner, the proposed designation by-law will be forwarded to Council for approval. Alternatively if any objections are received, the Clerk will provide a report to Council. 6. Strategic Plan Application The recommendations contained in this report conform to Section 3 of the Strategic Plan to manage growth and maintain our "small town" feel. 116 Municipality of Clarington Report PSD -051-18 Submitted by: David Crome, MCIP, RPP, Director of Planning Services Page 5 Reviewed by: / f Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: David Addington, Planner II, Special Projects, 905-623-3379 extension 2419 or daddington@clarington.net Attachments: Attachment 1 - Designation By-law 88-173 Attachment 2 - Proposed amended designation by-law (includes Schedules A & B) Attachment 3 — Reference Plan 40R-28940 Attachment 4 — 302 Given Road — Property History The following is a list of interested parties to be notified of Council's decision: Hannu Halminen Clarington Heritage Committee c/o Dave Addington Ontario Heritage Trust FL/DA/tg I:\ADepartment\LDO NEW FILING SYSTEM\PLN Files\PLN 34 Heritage (All Files)\PLN 34.5.2.76 302 Given Road, The Belmont\Staff Report\PSD-051-18.Dou 117 1. There is desiqriated as being of Architectural and Historical value of inteWst, the -real property Imaxi immicipally as "Ole Belmont", Part c Lot 32, G:)nwssion 2, fo=r qbwnohip of Clarke, now in the Town of Newcastle in the llegional Muaicipality of Durham. 2. The Municipal SL.Iicitor is here�)y authorized to cause a copy of this the -law to be registettd a"AP11., by proper-ty described 'in the ,-_-ding paragraph, in per r land registry office. '111f` (.Y)RP0lWr10N OF THE TOM OF hi INMTLE COPY BY-LAW 88-173 ix�utq a by-law to cb.s' "gnaW, the property J- aiimi municipally as ""Ile 1301=nt" located in Part of Lot 32, Cbricession 2, former 1ru*t5hip of Clarke, now in the Tom of Nbr,-rastle, Ragional Minicipality of Durham a- a prol-ierty of architectural and historical value and interest designated as Part 3, Plan 1OR-2308 M U XWI: 3 the Ontario deritage Act, 1974 authorizes the oDuncil of a ac1pa e uni ' lity to enact bylaws to designate real property including all the as buildin(Is and struct W ures thereon to of architectural and histatical interest; mid WIC REAS the Counci I of the CDrporation of the Town of Newcastle has caused to be served qxm the owner of the lands and premises known as "The Belmont" locatkd in Vart or' IDt 32, (bnoession 21 former Township of Clarke, now in the Tom of Newca-atle and upon the Cotario Heritage Fowidatign, Notioe of intention to be pix)li shed in the Cancidian Statesman, a newspaper having a general circulati(xrk in the area of clie desingation, once each week for three consecutivn weeks r.:zmtily September 28, October 5 and October 12,-1988;. and MILWAS "'lite Behront" in Part of wt 32, Conoession 2, former Toumhip of Clarke has a very significant architecturd value of interest to the Town of Newcastle and its people in that the cellar with its several large rooms separated by 4 brick arches was built by Major S.S. Wilpnt circa 1.814 and contains the spring where his son, Wilmot, the rather of Canadian Kish Cu.1ture began bis e)q)erimonts in Clio 1860s. it was under his guidance that the first fish hatchery in Canada was b4ilt on the property, the spot now marked by an historical plaque erected in 1967. Following a fire in 1898, the house was reconstructed on the foundation. It is essentially the saw as the original ZW and is representativ - of the larger brick hcmes built at the tims. In particular, the cellar spring which still supplies the house with water, the 1 -late roof, two pill;zed verandahs with railed balconies above , 1 the madm case -ry, the fireplaces and mantels, and most of the original stair of chei woodtrim-are beh%g specifically designated as being of Architectural valve; and MUMrA6 the XocaJ Arc iitectural cbnservatlon AdvI-sory Q=ymttee of the Town of Nevcastle has recamend ed that the property "fie Belwnt",, Part of'Loi 32, Mnoession 2, fox-rxei: Township of Clarke be designated under the temig"of the Ontario Heritage Nct; and MEW -M no notice of objection to the proposed designation has been served upon the Clerk of the Municipality; and NOW THUCMIU; IDW (rUNCIL OF THC C)PPORATION OF WE T7/N OF NEXiCAS= HME:3y ENACTS AS FOLWWS: 1. There is desiqriated as being of Architectural and Historical value of inteWst, the -real property Imaxi immicipally as "Ole Belmont", Part c Lot 32, G:)nwssion 2, fo=r qbwnohip of Clarke, now in the Town of Newcastle in the llegional Muaicipality of Durham. 2. The Municipal SL.Iicitor is here�)y authorized to cause a copy of this the -law to be registettd a"AP11., by proper-ty described 'in the ,-_-ding paragraph, in per r land registry office. By-law 88-173 2- 3. The clerk ,is hereby authorized to ' cause a copy of this by-law to be served upon the overs of the aforesaid property and on the Cntario Heritage ibundation, and. to cause notice of the passing of this by-law to be published in the Canadian Statesman,, a newspaper having geleral eircaation in the area of the designation, once each week for three consecutive weeks. By-law read a first and second time this 7th day of Noved-er , 1988 By-law read a third tine and finally passed this 7th day of NM' r. ' 1988. . t;. . . • _ yjl •'ice jf4 , (� YO ,, • V 4 •tt .`.tel', �•. s.; .ap"•: r..cj,�. • Fig' _ Lei 'S� •�� . /r CIUK AND.10 1F BE CP • ;•vii. • • �pr� .�.x',^r ,e _'. • •� -`w.. ua.. ,� G-iy ri•rr, 4:.. :... •:. �•:. 119. .. . Municipality of Clarington Attachment to Report PSD -051-18 The Corporation of the Municipality of Clarington By -Law No. 2018-xxx being a by-law to amend designating by-law 88-173 for the property known for municipal purposes as 302 Given Road, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 Whereas the Ontario Heritage Act, R.S.O., 1990, c.0.18 authorizes the Council of the Municipality to enact by-laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; And Whereas the Municipality of Clarington designated the property, 302 Given Road, under the Ontario Heritage Act in 1988 by Designating By-law 88-173; And Whereas the Council of the Municipality of Clarington deems it desirable to amend by-law 88-173; And Whereas the Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes as 302 Given Road, Municipality of Clarington, Notice of Proposed Amendment; And Whereas the reasons for the proposed amendment to Designation By-law 88- 173 are to correct the legal description of the property, to revise the language of the by- law to make it consistent with the requirements of the Ontario Heritage Act and to clarify the description of the property's heritage attributes; And Whereas the Clarington Heritage Committee has recommended that the proposed amendment be approved in accordance with the Ontario Heritage Act; And Whereas no notice of objection to the proposed designation was served upon the Municipal Clerk within the period prescribed by the Ontario Heritage Act; 120 Municipality of Clarington Attachment 2 to Report PSD -051-18 Now therefore the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Section 1 of By-law 88-173 is repealed and replaced with the following: "The property known for municipal purposes as 302 Given Road which is more particularly described in Schedule "A", is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R.S.O. 1990, c.,0.18, for the reasons provided in Schedule "B"." 2. By-law 88-173 is further amended by appending to it Schedules "A" and "B" attached to this By-law. 3. By-law 88-173 is repealed from Part Lot 32, Con 2 (Clarke), Part 2 on 40R-28940, Municipality of Clarington, Regional Municipality of Durham as it does not apply to these lands. By-law passed in open session this _th day of 2018 C. Anne Greentree, Municipal Clerk Adrian Foster, Mayor 121 Municipality of Clarington SCHEDULE "A" — LEGAL DESCRIPTION Attachment 2 to Report PSD -051-18 Pt Lot 32, Con 2 (Clarke), Being Part 1 on 40R-28940, Municipality of Clarington, Regional Municipality of Durham 122 Attachment 2 to Municipality of Clarington Report PSD -051-18 SCHEDULE "B" - CULTURAL HERITAGE VALUE OR INTEREST OF THE PROPERTY AND A DESCRIPTION OF THE HERITAGE ATTRIBUTES Description of Property 302 Given Road, "The Belmont", is a two storey brick farm house, located on the north side of Given Road in Newcastle, built in the Georgian style, with Edwardian Classicism elements and details. Statement of Cultural Heritage Value or Interest The property's physical cultural heritage value lies in it being an excellent example of a vernacular farmhouse in former Clarke Township in the late nineteenth century. The building is constructed in the Georgian style with Edwardian Classicism elements and details. The current house was reconstructed in the late 1890's on the original foundation after the original house, circa 1814, was destroyed by fire in 1898. The current house has many of the elements of the original Georgian style house but includes Edwardian elements not believed to be featured on the original house. The original house was clapboard the second house is brick. The property's cultural heritage value lies in its association with Samuel Street Wilmot, his son Samuel Wilmot and the Newcastle Fish Hatchery, the first fish hatchery in Canada. Samuel Wilmot was a Deputy Surveyor in Upper Canada and served as a Major during the Battle of York in 1813 and built the first Belmont residence following the War of 1812. Samuel Wilmot, regarded as the Father of Canadian Fish Aqua- Culture, resided at The Belmont and conducted experiments with breeding techniques in the cellar of The Belmont in the early 1860's which led to the eventual establishment of the Newcastle Fish Hatchery. The property's contextual cultural heritage value lies in its location and proximity to Wilmot Creek, where Samuel Wilmot established the Newcastle Fish Hatchery. The creek is located to the south and west of the Belmont property and was the source of the water that feeds the cellar spring of the Belmont residence. The visual and spatial association between the former Newcastle Fish Hatchery and Wilmot Creek and The Belmont is significant to maintaining the local history of Samuel Wilmot and the Newcastle Fish Hatchery. Description of Heritage Attributes Key attributes of the property that reflect its values as an example of a vernacular farmhouse in former Clarke Township in the late nineteenth century include: Exterior: - The three bay symmetry on the south fagade; 123 Municipality of Clarington Attachment 2 to Report PSD -051-18 x The original foundation; x Pillared verandas on the south and east facades; x Wooden dentils and brackets on cornice; x Bay windows in front parlour rooms; x Wood -sash windows; and x The mature trees in the front yard x Curved carriageway that arrives at the main entrance. Interior: x The cellar spring; x Fireplaces and mantels; x The centre hall plan x The main staircase made of cherry wood; x The original wood trim; and x Bricked arches in the cellar. 124 I l I ^`Yl BLIT 3 � •clllMl6 f POT 3 rORL.L�eµW A i z � LLIPIOT _ RMl1-2M16 I I R I ---- -- d 1 AEWM W k- 4* K LVG91m uoo IK WCL hR[L ACT. ISG •O E!.l9Pr@ Ja� ' urelRPaMtRiY6. �. � ' R�1 ff ttb�Y !lu X01 I l !lK.F I I � I I I 1\- I IR P4,W OF SMYEV # PART OF LOT M COHOESSCN 2 IQ;MCRFPHIC TO'M W OF CL.uRKES KU IN TFE ML PCFALITY OF CLAMWION REN*M NDPNCCIPAUTY OF RIINHlL J.9. BARNES UNTEO DATA PJA I I I I Ri11T R R- Yrw� IL11I I C I iCp�i9�M _ RW' I � l__„ ----- _ _- FAN x 7p ROgO i WRp r ,?Mr 4S ata I mrr.l lrWAwr-*.^Kr"�+i ��P�` ilr w+,t•,r orrewax.Irra .oa ¢ P1RT I_ R{i4 +OR.2f11}T WRJ►���F J.D.SAFLNES - tvolll6 hJ/I �r.1Etr LL�.aura��wR'.•ayf ' ` E Attachment 4 to Municipality of Clarington Report PSD -051-18 302 Given Road (The Belmont House) The Belmont House was originally built in 1814 by Major Samuel Street Wilmot. The house was located on a large farm parcel just to the east of Wilmot Creek and west of Newcastle Village. Historic depictions indicate that the house was two and a half storeys tall and built of frame construction with wood siding in the Georgian style. The original house was destroyed by fire in the 1890's. The Belmont House was then rebuilt in 1898 using the same foundation and with similar massing and form as the original by Major S.S. Wilmot's youngest son, Samuel Wilmot. The second Belmont House was built in the Georgian style with Edwardian features with a low-pitched, hipped roof. It has a red brick construction with a centered roof pediment, pillared porch, symmetrical bay windows and dentils along the cornice. Major S.S. Wilmot was the deputy surveyor of Upper Canada and while in this role he surveyed Clarke and Darlington townships as well as the road from Kingston to Toronto. He also served as a member of the House of Assembly and when the War of 1812 erupted, he served in the rank of a Major at the Battle of York in 1813. After the war he purchased 400 acres of property in Clarke Township including the farm property where the Belmont House sits today. Major S.S. Wilmot died in 1856 leaving the Belmont property to Samuel Wilmot. 126 Attachment 4 to Municipality of Clarington Report PSD -051-18 Samuel Wilmot was an active local magistrate for upwards of 30 years and also occupied several important positions as a municipal councillor, having been elected warden of the United Counties of Northumberland and Durham and Reeve of Clarke (being elected several years in succession by acclamation). However, he is best known as the father of modern fish aquaculture as he established the first fish hatchery in Canada along the banks of Wilmot Creek in the 1860's. Salmon were common in the Great Lakes and used to spawn in the mouth of the Wilmot Creek prior to European settlement. The Mississauga First Nations were known to have frequented the area for centuries to hunt and fish at Lake Ontario and at Wilmot Creek just south of the area of Wilmot's hatchery. They amassed knowledge of the spawning habits of the salmon which was undoubtedly used to ensure their food supplies over the winter. When European settlers arrived around the late 1700's, the substantial increase in fishing led to conflicts with the First Nations in the area over the increasingly scarce salmon resource. A local farmer in the area collected Indigenous artifacts such as arrowheads, skinning tools and pottery from land immediately to the south of the Belmont property demonstrating the historical presence of the Mississauga First Nations in the area. After settlement, ongoing overfishing and the construction of dams altered the natural state of the creek to the point where salmon stopped spawning in the creek in the early 19t" century. The collapse of salmon spawning in the creek's watershed motivated Samuel Wilmot to build an experimental hatchery using spring water piped in to the cellar of the Belmont House to simulate actual stream conditions. The concept was to restock the stream. The success of the experiments led Wilmot to move the operation outside to the banks of the creek where he built a small reception house structure in which salmon were intercepted in their run up the creek by a small weir and kept there until they were ready for spawning. Several nurseries and retaining ponds were created along Wilmot Creek as part of the fish breeding operation. The government provided funding to expand the operation and the Newcastle Fish Hatchery was established in 1868. The hatchery reached its maximum production in 1876 when 1.5 million eggs were hatched. Wilmot was appointed as the Superintendent of Fish Culture in Canada in the same year. In this position, Wilmot established a network of hatcheries across Canada. The Newcastle hatchery ceased operations and closed in 1914 after it was acknowledged that restocking did not increase fish populations as was hoped. By 1877 Wilmot had welcomed visitors to the landscaped hatchery grounds and also established a natural history museum on the top floor of the reception house — the very first museum in the area. This museum housed a collection of exotic specimens of fish and other animals including a 280 lbs sturgeon, a 600 pound tuna and a 10 foot long Greenland shark. The reception house and museum were removed at an unknown date. There was also a grist mill on the property located near to where the reception house was located. The mill produced hydro -electricity for the village of Newcastle in the early 20th 127 Municipality of Clarington Attachment 4 to Report PSD -051-18 century from 8 a.m. until 5 p.m. after which coal oil lamps and candles were used. The mill was dismantled sometime around the 1940's with the boards and beams being stored in a barn on the property and the granite mill stones adorning the front lawn of the property for over 50 years. The barn was has since been removed from the property. The property was owned by the Wilmot family until the 1930's. The property was purchased in 1938 by Frederick Graham and his family which included his son and daughter-in-law, Alfred and Lena Graham. Alfred Graham was involved in local politics and served as the youngest Reeve in the area. The Graham family maintained the property to a high standard and it was a popular spot for people to visit for picnics before being sold in the 1980's. After this date, the size of the property decreased as a result of various projects including the Highway 115/35 interchange which bisected the property and the Highway 2/115 interchange. 128 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: June 4, 2018 Report Number: File Number: Report Su PSD -052-18 PLN 41 Update on Second Recommendations: Resolution: By-law Number: Plan Studies That Report PSD -052-18 be received; 2. That the Director of Planning be authorized to initiate secondary planning studies and to execute funding agreements from landowners groups for the updates of the South West Courtice and Brookhill Secondary Plans; and 3. That the Director of Planning be authorized to execute a funding agreement to facilitate the advancement of the Courtice Employment Area Secondary Plan, as outlined in Report PSD -052-18. 129 Municipality of Clarington Resort PSD -052-18 Report Overview Page 2 The purpose of this report is to provide an update regarding the status of Secondary Plans following approval of the Clarington Official Plan after OPA 107. It also recommends a process to streamline consultant selection and acceptance of developers' contributions for completing secondary plans. 1. Background 1.1 After Council adoption and Regional approval of OPA 107 that included the new policies and process for secondary plans, staff presented two reports for consideration by Council at Planning and Development Committee. PSD -071-17 dealt with new residential secondary plans and the required subwatershed studies, and PSD -072-17 considered the updates of the Bowmanville West and Bowmanville East (Historic Downtown) Urban Centres Secondary Plans_ 1.2 The reports also highlighted the scope of work necessary to implement Council's policies for the preparation/update of twenty secondary plans: x Seven new residential Secondary Plans; x Seven existing Secondary Plans to be updated to conform to the new Official Plan; and x Six existing Neighbourhood Design Plans will be converted to Secondary Plans. 1.3 Council policy requires that all municipal expenses for any privately initiated secondary plan, be recovered 100% by landowners, while municipal funds would be used to update and prepare secondary plans that are of strategic importance to the Municipality like Bowmanville West and Bowmanville East Urban Centres and the Courtice Employment Lands Secondary Plan. These Secondary plans also include the work for the planning of the two GO Stations and surrounding areas. 2. Progress 2.1 After Council approval of the direction recommended previously, arrangements have been made with different land owners groups to initiate some of the secondary plans and background studies as follows: Subwatershed Studies Underway 2.2 Subwatershed studies are a pre -requisite for many of the new secondary plans. Staff secured 50% of funding from developers for the Robinson Creek and Tooley Creeks Subwatershed Study, the other 50% is a municipal responsibility as the subwatershed 130 Municipality of Clarington Resort PSD -052-18 Page 3 area also covers the Courtice Employment Lands Secondary Plan Area. Staff also secured the 100% private funding for the Soper Creek Subwatershed Study in Bowmanville. 2.3 The respective Terms of Reference (TOR) were prepared and Requests for Proposals (RFP) issued. Funding agreements with the landowner groups for both projects have been executed and field work is underway. Secondary Plan Studies Underway 2.4 Staff have been working with four landowner groups, in collaboration, we have prepared the TOR and Council have held the required four public meetings with the respective areas landowners. The status is as follows: Privately Initiated x Southeast Courtice Secondary Plan and Wilmot Creek Secondary Plans: Council has approved the contract awards and staff is in the process of finalizing the funding agreements with landowners groups. The initial public consultation will start in June and July. The Wilmot Creek Secondary Plan is unique in that a facilitator is being retained to work with the residents and the consulting team. x Soper Hills and Soper Springs Secondary Plans Public Meetings on the proposed TOR were held by Council in Apri. Once the TORs are finalized, the RFP will be issued. This process may take place while Council is on summer recess. Municipally Initiated x Bowmanville West and Bowmanville East Urban Centres Secondary Plans: The Bowmanville West Urban Centre Secondary Plan is underway and the kick-off meeting for the Bowmanville East Urban Centre Secondary Plan will commence shortly. Plans are being prepared for the initial phase of public consultation. x Energy Business Park Secondary Plan Update: The update for the secondary plan has started and the first technical steering committee meeting held. Stakeholder meetings are being scheduled. 3. Additional Secondary Plan Studies 3.1 Over the last few months, the land owner groups for the South West Courtice Neighbourhood and Brookhill Neighbourhood Secondary plan areas (see Attachment 1) and a major land owner in the Courtice Employment Lands have approached staff to initiate the updates in 2018 as they feel Clarington's market will be the focus of development for years to come. Given the time necessary to prepare the technical studies and the public participation process required, they would like to see the secondary plan process initiated as soon as possible. 131 Municipality of Clarington Resort PSD -052-18 Page 4 3.2 Staff have met with these groups to review the scope of work; however given the number of secondary plan work already underway and committed resources, as explained above, staff resources are stretched to take on the additional work load, nor are there sufficient funds to cover the additional work required as discussed below. Brookhill Secondary Plan Update 3.3 The Brookhill Landowners Group has committed to cover 100% of the Municipality's costs to update the Secondary Plan. The Planning Partnership was the firm that originally developed the Brookhill Secondary Plan and they have been retained to undertake the Wilmot Creek Secondary Plan. Subject to satisfactory pricing to municipal staff and the Landowners Group, we would propose to utilize the Planning Partnership to undertake the Secondary Plan update. Southwest Courtice Neighbourhood Secondary Plan Update 3.4 The Southwest Courtice Neighbourhood Plan, prepared in 1996, did not designate specific land uses for the lands that were dependent on services from the Courtice Trunk Sewer. Those lands were designated "Future Urban Residential". The planning for this neighbourhood is highly integrated with the Courtice Employment lands not only because of trunk sanitary and water services but in relation to the new east -west road that extends from Courtice Road along the north side of the future Courtice GC Station to connect to Townline Road on the west. This new east -west road will be the southern limit for the residential neighbourhood. The environmental assessment for roads is part of the workplan for the Courtice Employment Area Secondary Plan. Accordingly, it is our plan to move forward simultaneously with the Southwest Courtice Secondary Plan Update and Courtice Employment Area Secondary Plan. A landowners group has been formed and will pay 100% of the costs far the Southwest Courtice Secondary Plan. Courtice Employment Lands Secondary Plan 3.5 This is a municipally initiated secondary plan. Given the prices received for secondary planning studies to date, there are insufficient funds to proceed at this time until consideration of the 2019 budget. Tribute Communities, which is part of the landowners groups in Southeast Courtice and Southwest Courtice Secondary Plan areas, are also a significant landowner in the Courtice Employment Area. They have expressed an interest in bridging the gap between available municipal funds and the full funding required to advance the study so that the RFP process could be completed in 2018 and the study could commence in early 2019. They have advised that they would not be seeking development charge credits for any funds advanced. As a municipally initiated study there would be no landowners group participating in the technical steering committee. 132 Municipality of Clarington Resort PSD -052-18 RFP Process Page 5 3.6 With the contracts to date for a number of secondary plan studies being awarded to major planning firms with consortiums of supporting consultants, it is proposed that these firms be utilized as a roster for future secondary planning studies. This will enable better coordination and simplify the RFP process at a time when staff resources are limited. Staff Resources 3.7 The number of secondary planning studies underway and upcoming are beyond staff's capacity without creating delays. The Southeast Courtice Landowners Group have indicated that would be willing to fund an additional staff person to assist with the studies referenced above for a period of two years. It is difficult to hire and retain a senior staff person for a limited time commitment. Staff are reviewing options to address this capacity issue through external resources to assist with all aspects of the secondary planning process, including project management, community coordination, report writing etc. Any resources would be hired at the expense of the landowners groups. 4. Conclusion 4.1 The Planning Services Department has been working collaboratively with different landowner groups in implementing Secondary plan policies. The requested secondary plans by the private sector has exceeded both our expectations and resources; however, we are committed to continue our collaboration. We are recommending that based on the offer to provide more resources, the Municipality proceed with the additional work for the Courtice Employment Lands Secondary Plan and the updates to the South West Courtice and 6rookhill Secondary Plans. 5. Concurrence Not Applicable. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. The Secondary Plan studies not only implement the Clarington Official Plan, but the Municipality's Strategic Plan as follows: to facilitate job creation in the Urban Centres and Employment Areas; x to facilitate key projects such as the GO Rail stations; x to manage growth through walkable neighbourhoods; x to support affordable housing; x to investigate further downtown revitalization programs; x to promote resident engagement; and x to enhance access to the natural environment. 133 Municipality of Clarington Resort PSD -052-18 Submitted by: David Crome, MCIP, RPP, Director of Planning Service Page 6 Reviewed by: '' Andrew C. Allison, B. Comm, LLB s CAO Staff Contact: Carlos Salazar, Manager, Community Planning, 905-623-3379 x 2409 or csalazar@clarington.net There are no interested parties to be notified of Council's decision. Attachment: Attachment 1: Map showing location of Secondary Plans DC/COS/tg I:\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 41 Secondary Plans\PLN 41.0 - General\Staff Report\PSD-052-18.Docx 134 Municipality of Clarington Attachment 1 to Resort PSD -052-18 ❑ (TAUNTON ROAD) Neighbourhoods 4 � a � New Secondary Plan LULU m M s y,�� Conformity Update a D ❑ W � Z P a ROgO Neighbourhood Plan Conversion LU oc CONCGS N ROAD 41 CONCESSION ROAD Farewell Centres and Employment Areas ❑ Creek ❑ Q z ❑ cc Soper I Creek cot = PEBBLESTONE It ROAD ❑ & � � Conformity Update Farewell Heights Nvrthglen z ❑ Soper SpringsROAD O 0 anon 0 ❑ W z D 4 � t2 O r w - y _ Ql �r ~ I Hancock iWo en East Attachment 1 to Resort PSD -052-18 o Brookhill s a d LU ❑ 'q Avondale ¢ w o ❑ 1 O a I w z N ■ a Tooley I _1 a C J 5vutheast Cvurtice ONCESSIO^J STREET Robinson CCeek J W z Soper coNCEssION r z Creek Bowman�ille West m LU o Hills � o W g ❑ North Village r South La w o Town Centre ° ¢ O j 2 w West' ° o r Bvwmanville East r CvLO urtice = N ' Goodyear N Town`Centre m ❑ z 1 y , North Village = Special Study 1 Courtice Employment -- ---- I Area w H1Gy�gY2 BROWVIEW BASELINE Area oADI Clarington Technology oAD Park ❑ Foster West U a� t � �— ENERG RIVE I � ; Newcastle r Clarington Energy I Wilmot TaWn Centra 1 f! CourtlCe Park Port Darlington I • Bowmanville Newcastle Village ? �J Lake Ontario NUj �4 135 (TAUNTON ROAD) Neighbourhoods 4 � a � New Secondary Plan LULU m s y,�� Conformity Update a D ❑ W � Z P a ROgO Neighbourhood Plan Conversion LU oc CONCGS N ROAD 41 CONCESSION ROAD Centres and Employment Areas - New Secondary Plan z ❑ cc Soper I Creek cot Existing Secondary Plan ❑ & � � Conformity Update Nvrthglen Soper SpringsROAD 0 anon 0 ❑ CONCESSI ROAD3 D 4 � t2 O r w - y o Brookhill s a d LU ❑ 'q Avondale ¢ w o ❑ 1 O a I w z N ■ a Tooley I _1 a C J 5vutheast Cvurtice ONCESSIO^J STREET Robinson CCeek J W z Soper coNCEssION r z Creek Bowman�ille West m LU o Hills � o W g ❑ North Village r South La w o Town Centre ° ¢ O j 2 w West' ° o r Bvwmanville East r CvLO urtice = N ' Goodyear N Town`Centre m ❑ z 1 y , North Village = Special Study 1 Courtice Employment -- ---- I Area w H1Gy�gY2 BROWVIEW BASELINE Area oADI Clarington Technology oAD Park ❑ Foster West U a� t � �— ENERG RIVE I � ; Newcastle r Clarington Energy I Wilmot TaWn Centra 1 f! CourtlCe Park Port Darlington I • Bowmanville Newcastle Village ? �J Lake Ontario NUj �4 135 SLR'w4 31 May 2018 Ms. Faye Langmaid Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Project No.: 209.40261.00000 Dear Ms.Langmaid: RE: CLARINGTON TRANSFORMER STATION- PEER REVIEW UPDATE REPORT The purpose of this letter is to report on our activities on your behalf and at your direction in the above noted matter. This report covers the period of May 2017 to April 2018. In this period few new issues have arisen, others remain ongoing. We speak to each of these in the following paragraphs, and include: 1. Annual Report Review (2017) 2. Deep Well Logistics 3. Trititium testing at MW 14-5 4. Liason with residents and private well requests Over this reporting period, SLR Consulting (Canada) Ltd. (SLR) have attended Planning and Development Committee on May 6, 2017. We have attended the Community Liaison Committee meeting on November 23, 2017. Two site meetings were conducted at our request. 1.0 ANNUAL REPORT REVIEW In the spring of 2018, SLR reviewed the 2017 Annual Monitoring Report, and found that the monitoring programs were being followed. The monitoring results reflected our understanding of the site, in that water levels were not affected by the presence of the transformer construction or its subsequent operation, and water quality was consistent with before. This again includes the presence of bacteria and nitrate in many shallow wells, and also in some deep private wells. These are minor natural or anthropogenic exceedances of some parameters, which is not uncommon in Southern Ontario. In 2017 SLR recommended that periodic measurement of the underdrain system be undertaken. Since this is not part of the approved program it is not included in the annual report. Based on our review of a slide presention on these data at the November 2017 CLC meeting, the system generally discharged less than 0.5 Us except in periods of precipitation when flows increased to up to 6 L/s. These results are expected and consistent with the design of the system. SLR Consulting (Canada) Ltd. 200 - 300 Town Centre Boulevard, Markham, ON L3R 5Z6 T: 905.415.7248 F: 905.415.1019 www.slrconsulting.com Municipality of Clarington Project No.: 209.40261.00000 Clarington TS 02017-2018 Update Report May 2018 2.0 DEEP WELL LOGISTICS In 2016, Central Lake Ontario Conservation Authority (CLOCA) and Hydro One negotiated an agreement, which included the ability for G360 to drill an additional deep well (using rotosonic methods) for the purpose of installation of a multilevel well system. This system is to be used to study the aquitard, as a research opportunity. Clarington has previously committed funds to this project and therefore SLR have been called upon to assist staff by providing technical support. As it presently stands, the deep well agreements between the various parties are in place, however it is our understanding that G360 will not proceed immediately until their own funding is resolved. 3.0 TRITIUM TESTING Tritium is a tracer used for age dating water, and not a contaminant at the low levels found in and around this site. In 2017, G360 asked to conduct tritium/helium sampling in the deep well cluster on the Hydro One site. Dr. Cherry maintained that the presence of young water at depth could be from a leaky aquitard. He had recommended further tritium testing in the aquitard, particularly on the site, as there are no private wells in the aquitard. Some surficial contaminants like salt and short lived bacteria were also present at depth in the private wells. SLR, Dr. Gerber and others had stated that this information points to a likelihood of insecure well casings. Tritium sampling was conducted by Dr. Gerber in conjunction with the Hydro One sampling event in October 2017. No helium isotope samping was conducted as Hydro One did not want these samplers suspended in their on-site monitoring wells. These initial tritium testing results were made available to G360, SLR and others in February 2018. Tritium was found in the shallow groundwater monitors as expected, but below the detection limit of 0.8 TU in the three deeper monitors (Newmarket Till aquitard at 40 m depth, in the Newmarket Till sand lense at 55 m, and in the Scarborough Sand at 129 m below the aquitard). Without the helium isotope information these results are not definitive, but are significantly different (lower) than the deeper samples from the private wells obtained previously, showing much older water. In addition, very little chloride was found (bacteria is not tested for in the site monitors, as it is not a contaminant of concern). It is recognized that the scientifically designed and constructed groundwater monitoring wells precluded the egress of tritium influenced shallow groundwater, which is different than private well construction. These results tend to support SLR and otherVCearlier conclusions that the Newmarket Till aquitard is competent and that the presence of young water in the private wells is due to insecure well casings and/or groundwater movement from the north. 4.0 RESIDENT LIAISON No further requests from residents to review the reported results on their wells were received by SLR from Clarington in this reporting period. This may be related to the low water levels of late 2016 having recovered in the wetter 2017 period. In that regard we had previously concluded that extreme soil moisture storage depletion was the cause of the dry wells, and not the construction/operation of the transformer. The 2016 ground water shortage was due to natural conditions and not due to the Transformer station. We understand that one request was made of Stantec by a homeowner in January 2018 related to bacteria in a private residential well. Clarington/SLR were not asked to review the report or SLR Municipality of Clarington Clarington TS ❑2017-2018 Update Report Project No.: 209.40261.00000 May 2018 responses, and thus it is our impression that the questions were answered as part of Hydro 2 CHVERP DMLWHW 5.0 IN CONCLUSION We trust this FFZ11-YW-I DFU9YL1I1V6/ 5 4OVSHURP HGM I I(DlUIDM QVC H DD I I It is our opinion that there have been no adverse effects of the Transformer Station construction and operation on private wells for the reasons cited above. We have no specific recommendations to make at this time, other than that the existing monitoring program continue to be followed. Thank you for allowing us to have been of service, please contact the undersigned should you or other reviewers have any questions. Yours sincerely, SLR Consulting (Canada) Ltd. Steven Usher Project Manager SJUisu SLR �c F� OU L �Q LU o • O N O A O N� o O 2� o r \ / r O }1 O Q .E- V � �a V C� C GMNO Fto r- oct 20� N 2oJ L� U U H C7 U U U J I_ W i Z W gyp^ CO �Q U Q. Z - 2p� t9 U U 0 N J O � O d� U) o00 �� N N LO qp 0 s U 500p7 � � U � � 625 U U