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HomeMy WebLinkAbout2018-06-25 Final ciffiW4017 Planning and Development Committee Agenda Date: June 25, 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 25, 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 June 4 Minutes Minutes of a Regular Meeting of June 4, 2018 Page 6 7 Public Meetings 7.1 Public Meeting Application for a Proposed Zoning By-law Amendment Page 21 Applicant: 2556079 Ontario Inc. Report: PSD-054-18 Location: 1960 and 1972 Baseline Road, Courtice 7.2 Public Meeting Application for a Proposed Zoning By-law Amendment Page 23 Applicant: Modo Bowmanville Urban Towns Limited (The Kaitlin Group) Report: PSD-055-18 Location: South side of Brookhill Boulevard between Green Road and Boswell Drive, Bowmanville Page 2 CIarifl#oII Planning and Development Committee Agenda Date: June 25, 2018 Time: 7:00 PM Place: Council Chambers 7.3 Public Meeting Application for a Proposed Zoning By-law Amendment Page 25 Applicant: Far Sight Investments Limited and Savannah Land Corporation Report: PSD-056-18 Location: North-west corner of Lambs Road, north of Durham Highway 2 and south of Concession Road 3 in Bowmanville 8 Delegations 8.1 Lilly T-Hinton, Franchisee, Tim Hortons, Regarding Report PSD-060-18, An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons 8.2 Beth Meszaros, Regarding Agri-tourism Uses and Special Event Venue Considerations 8.3 Myno VanDyke, Representative of Newcastle Village and District Historical Society Regarding Belmont and Wilmot Fish Hatchery 8.4 Elizabeth Nesbitt, Regarding PSD-060-18, An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons 8.5 Deborah Chamerlain, Regarding PSD-060-18, An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications — Direction 10.1 Mayor Fred Mayor Fred Eisenberger, City of Hamilton, Regarding a Page 27 Eisenberger, Renewed Commitment to the Greenbelt City of Hamilton (Motion to Endorse) Page 3 CIarifl#oII Planning and Development Committee Agenda Date: June 25, 2018 Time: 7:00 PM Place: Council Chambers 10.2 Faye Request from Torgan for an exemption from the two year Langmaid — freeze on submitting an amendment to the Clarington The Torgan Official Plan Group (Motion as detailed in Attachment 2 of the memo, to permit The Torgan Group to file an application) 10.3 Dave Collins Dave Collins, Regarding a street being named after Irma Wreggitt (Motion for Direction) 11 Presentations No Presentations 12 Planning Services Department Reports 12.1 PSD-054-18 Applications by 2556079 Ontario Inc. (CCT AutoTrans) to Page 30 recognize the existing industrial business at 1960 Baseline Road West and to allow an expansion of the business onto a portion of 1972 Baseline Road West 12.2 PSD-055-18 Applications by MODO Bowmanville Urban Towns Page 40 Limited (The Kaitlin Group) for a Zoning By-law Amendment and Draft Plan of Subdivision to permit 125 townhouse units and an 88 unit six storey apartment building 12.3 PSD-056-18 An Application by Farsight Investments and Savannah Page 51 Land Corporation to amend a Draft Approved Plan of Subdivision and rezoning by adding lands into the draft plan 12.4 PSD-057-18 An Application by Bowmanville Lakebreeze East Village Page 62 Ltd. (Kaitlin) to amend the R3-43 zone to permit a 341 unit townhouse development in Port Darlington Neighbourhood in Bowmanville Page 4 CIarifl#oII Planning and Development Committee Agenda Date: June 25, 2018 Time: 7:00 PM Place: Council Chambers 12.5 PSD-058-18 An application by Eiram Development Corporation to Page 78 amend the Zoning By-law to permit 61 townhouses and a mixed-use building containing 8 apartments and commercial floor area at the south-west corner of Mearns Avenue and Concession Road 3, Bowmanville 12.6 PSD-060-18 An application by IBIS Foods Inc. to amend the Zoning Page 96 By-law to allow a drive-through, accessory to a proposed Tim Hortons 12.7 PSD-061-18 Heritage Designation, 26 Concession Street, Bowmanville Page 109 12.8 PSD-062-18 Proposed alterations to three designated heritage Page 122 properties: 5161 Main Street, 2662 Concession Road 8, and 110 Wellington Street, Bowmanville 13 Solicitor's Department 13.1 LGL-004-18 Policy Options to Address the Pre-Construction Sale of Page 130 Residential Real Estate [See also Confidential Memo from Robert Maciver] 14 New Business — Consideration 15 Unfinished Business None 16 Confidential Reports 16.1 PSD-059-18 Proposed Acquisition of Land 16.2 LGL-005-18 Proposed Acquisition of Land 17 Adjournment Page 5 Clarftwn Planning and Development Committee Minutes June 4, 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, June 4, 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 C. Traill Regrets: Councillor W. Woo Staff Present: A. Allison, D. Crome, F. Langmaid, R. Maciver, K Richardson, C. Salazar, C. Pellarin, J. Gallagher and S. Gray 1 Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2 New Business — Introduction There were no new business items added to the Agenda. 3 Adopt the Agenda Resolution #PD-106-18 Moved by Councillor Partner, seconded by Councillor Hooper That the Agenda for the Planning and Development Committee meeting of June 4, 2018 be adopted with the addition of the following: x Delegation of Greg Smith x Delegation of Sue Wingate x Delegation of Pearl Rickard x Delegation of Margaret Maskell x Communications Item 10.4 - Bryce Jordan, Planning Manager, GHD, Regarding Report PSD-052-18 Update on Secondary Plan Studies x Communication Item 10.5 - Mustafa Ghassan, Delta Urban Inc. Regarding Report PSD-052-18 Update on Secondary Plan Studies x Communication Item 10.6 - Mustafa Ghassan, Delta Urban Inc. Regarding Report PSD-052-18 Update on Secondary Plan Studies Carried 4 Declarations of Interest There were no disclosures of interest stated at this meeting. - 1 - 6 Clarftwn Planning and Development Committee Minutes June 4, 2018 5 Announcements Members of Committee announced upcoming community events and matters of community interest. The Director of Planning introduced the new GIS Technician, Cody Brown. 6 Adoption of Minutes of Previous Meeting Resolution #PD-107-18 Moved by Councillor Traill, seconded by Mayor Foster That the minutes of the regular meeting of the Planning and Development Committee, held on May 14, 2018, be approved. Carried 7 Public Meetings 7.1 Application for a Proposed Draft Plan of Condominium Applicant: Holland Homes Inc. Report: PSD-044-18 Location: 35 Hanning Court, Bowmanville Amanda Tapp, Planner II, made a verbal and electronic presentation to the Committee regarding the application. Julie Knowlten, local resident, spoke in opposition to the application. Ms. Knowlten stated that she was informed that the entry to the proposed development would be off of Concession 3, not through Hanning Court. She advised the Committee that it is a dead end court and children play in the court. Ms. Knowlten is concerned about the high volume of traffic and parking on the court with the development and access through the court. No one spoke in support of the application and the applicant was not present. 7.2 Application for a Proposed Zoning By-law Amendment Applicant: IBIS Foods Inc. Report: PSD-045-18 Location: Northeast corner of Green Road and Prince William Boulevard in Bowmanville In the interest of expediency, Councillor Neal asked whether there was anyone present to speak in opposition to or in support of the application. - 2 - 7 Clarftwn Planning and Development Committee Minutes June 4, 2018 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. 7.3 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 Cynthia Strike, Principal Planner, made a verbal and electronic presentation to the Committee regarding the application. McKenzie Korte, local resident, spoke in opposition to the application. Mr. Korte advised the Committee why the developer is seeking approval for three car garage homes when they have approvals for a Zoning By-law Amendment. He asked the Committee if these proposed three car garage homes will result in an adjustment to the tax structure. Mr. Korte is concerned that these proposed homes will become rental income properties. He would like to know what the reasoning is behind the developer's decision to change pre- existing approvals. No one spoke in support of the application, and the applicant was not present. 8 Delegations 8.1 Beth Kelly, Halloway Developments Limited, Regarding PSD-050-18, Regarding Implementation of the Courtice Main Street Secondary Plan Beth Kelly, Halloway Developments Limited, was present regarding Report PSD-050-18, regarding Implementation of the Courtice Main Street Secondary Plan. Ms. Kelly explained that she supports the progress of the by-law. 8.2 Gord Robinson, Durham York Victoria Land Owners Association, Regarding Development Charges Gord Robinson, Chair, Durham York Victoria Land Owners Association, was present requesting relief from development charges. Mr. Robinson explained that the Durham York Victoria Land Owners Association is working with a local developer to bring affordable senior housing to the Clarington area. He stated that they have also been working with municipal staff to find an appropriate location for the development. Mr. Robinson explained that he is seeking relief from the development charge, so that the project is doable in Clarington. He advised the Committee that affordable housing refers to housing units that are deemed to be affordable for those with a median household income or below. Mr. Robinson explained that affordable housing, according to Canada Mortgage and Housing Corporation, occurs when a household spends less than 30% of its pre-tax income on housing. He noted that housing is the most costly expense for - 3 - 8 Clarftwn Planning and Development Committee Minutes June 4, 2018 seniors. He concluded by encouraging the Committee to waive the Development Charges for the project and not refer the matter back to staff. Resolution #PD-108-18 Moved by Councillor Cooke, seconded by Councillor Hooper That the delegation of Gord Robinson, Durham York Victoria Land Owners Association, regarding Development Charges, be received with thanks; and That Council grant relief of the Development Charges for the proposed project. Referred Resolution #PD-109-18 Moved by Councillor Partner, seconded by Councillor Traill That resolution #PD-108-18, regarding the request from the Durham York Victoria Land Owners Association, regarding Development Charges be referred to staff to provide input to the General Government Committee meeting on June 18, 2018, regarding relief of Development Charges. Carried 8.3 Valerie Cranmer, Valerie Cranmer & Associates Inc., Reagrding Report PSD-050-18, Implementation of the Courtice Main Street Secondary Plan - Zoning By-law Valerie Cranmer, Valerie Cranmer & Associates Inc., was present regarding Report PSD-050-18, Implementation of the Courtice Main Street Secondary Plan - Zoning By-law. Ms. Cranmer advised the Committee that the subject site is within the Courtice Urban Centre, and is proposed to be zoned urban centre mixed use exception. She noted that this zoning will allow the construction of a mixed use building with a minimum height of four storeys and a maximum of six storeys. Ms. Cranmer explained that, over the past year, she has been working with staff to address a number of concerns regarding the proposed development, which includes the access, the Regional Road widening, urban design features. She advised the Committee that the owner of the subject property is pleased to see the zoning come forward at this time. Ms. Cranmer concluded by stating she is support of the proposed zoning by-law. 8.4 Bryce Jordan, Planning Manager, GHD, Regarding Report PSD-050-18, Implementation of the Courtice Main Street Secondary Plan - Zoning By-law Bryce Jordan, Planning Manager, GHD, was present regarding Report PSD-050-18, Implementation of the Courtice Main Street Secondary Plan - Zoning By-law. Mr. Jordan stated that there has been long standing discussions regarding the zoning. He stated that is a progressive for the Municipality of Clarington to pre-zone these lands for development. Mr. Jordan noted that a letter was sent from Goldmanco's solicitor to the - 4 - 9 Cladwwn Planning and Development Committee Minutes June 4, 2018 Municipal Clerk. He explained that they are on the same page regarding the development, and that there were some concerns about specific things in the by-law, but they are not asking to withhold approving the zoning by-law. Mr. Jordan advised the Committee that there were some amendments proposed to the by-law and he is convinced that they can bring forward a development. He concluded by encouraging the Committee to move forward with the recommendation contained in Report PSD-050-18. 8.5 Greg Smith, Regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited Greg Smith, local resident, was present regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited. Mr. Smith noted that the residents of Newcastle have come to Council on several occasions over the last year to request that this development not move forward. He added that, although the Places to Grow Act promotes growth and intensification, it is only where deemed appropriate. Mr. Smith noted that section 2.1 of the Clarington Official Plan states that it is Clarington's vision to create a place where the built environment emphasizes high quality design. He also mentioned that section 2.2.2 of the Official Plan discusses healthy communities which includes public involvement. Mr. Smith stated that the developer for this proposed development is not willing to work with the residents. He explained that, as per section 4.2.6 of the Official Plan, it is Clarington's job to minimize conflicts between land uses. Mr. Smith referred to Table 4-2, "Durham Region Long Term Targets" within the Official Plan. He stated that the minimum units per gross hectare is 30 and, although there is no maximum, the proposed development will be 108 units per gross hectare which he believes is not appropriate for this location. Mr. Smith read an excerpt from section 5.1.1 of the Official Plan. Mr. Smith asked the Committee to think of the existing residents when making their decision. He also outlined section 5.4.3 of the Official Plan, "Development in Centres, Corridors and Priority Intensification Areas". Mr. Smith advised the Committee that he wants the scale of the proposed buildings to be lowered. He concluded by referencing sections 9.4.6, 10.6.2 and 10.6.3 of the Official Plan. Mr. Smith answered questions from the members of Council. 8.6 Sue Wingate, Regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited Sue Wingate, local resident, was present regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited. Ms. Wingate explained that she was present at every meeting regarding this matter and has presented the same arguments. She provided the Committee with background information regarding past meetings. Ms. Wingate explained that there are currently 18 empty retail spaces in Newcastle, and the proposed development will only add to more empty downtown retail space. She noted that she has reached out to the developer multiple times and has not heard back regarding her concerns. Ms. Wingate advised the Committee that they denied the application in the past and that they should remember the past meetings. - 5 - 10 Clarftwn Planning and Development Committee Minutes June 4, 2018 8.7 Pearl Rickard, Regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited Pearl Rickard, local resident, was present regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited. Ms. Rickard stated that she is concerned that there will be too much density in a small area. She believes that the proposed development is not environment friendly, it will increase traffic in the area, there is no need for additional commercial space, and there are too many existing vacant stores in Newcastle. Ms. Rickard expressed that the design of the buildings do not blend with the architecture of Newcastle. She advised the Committee to remember they are making the decision, not Queen's Park. 8.8 Margaret Maskell, Regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited Margaret Maskell, local resident, was present regarding Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited. Ms. Maskell noted that she has lived in the area for 49 years. She stated that she would like to know why the proposed settlement is happening behind closed doors. Ms. Maskell mentioned that the Official Plan stated that there was going to be linked and single family dwellings and she noted that the subject property is still zoned for same. She advised the Committee that the developer has not compromised and that the Committee already voted against it. Ms. Maskell referred to an Ontario Municipal Board (OMB) hearing in approximately 1985 where a high density development was denied by the OMB for being too close to Highway 2 in Newcastle. She stated that Newcastle does not need a six-storey condo building. Ms. Maskell explained that she purchased her home for the location and further that Highway 2 cannot handle the increased traffic. Ms. Maskell answered questions from Members of Committee. Rob Maciver explained why the Confidential Report LGL-003-18, Proposed Settlement of OMB Appeals by Tornat Newcastle Limited is not a public document at this time. 9 Communications - Receive for Information There are no Communications to be received for information. - 6 - 11 Clarftwn Planning and Development Committee Minutes June 4, 2018 10 Communications — Direction Resolution #PD-110-18 Moved by Mayor Foster, seconded by Councillor Hooper That Communication Items 10.1 and 10.2, be approved on consent. Carried 10.1 Steven Zakem, Aird & Berlis LLP, Regarding Report PSD-050-18, Implementation of the Courtice Main Street Secondary Plan - Zoning By- law That Communication 10.1, from Steven Zakem, Aird & Berlis LLP, Regarding Report PSD-050-18, be referred to the Director of Planning Services to be considered as part of the application review process 10.2 Bryce Jordan, Planning Manager, GHD, Regarding Report PSD-050- 18, Implementation of the Courtice Main Street Secondary Plan - Zoning By-law That Communication Item 10.2, from Bryce Jordan, GHD, Regarding Report PSD-050-18, be referred to the Director of Planning Services to be considered as part of the application review process. 10.3 Alan Hirschfield, President, High Street Courtice Inc., Regarding Confidential Report PSD-053-18, Sale of Surplus Property to High Street Courtice Incorporated Resolution #PD-111-18 Moved by Mayor Foster, seconded by Councillor Cooke That Communication Item 10.3, from Alan Hirschfield, President, High Street Courtice Inc., Regarding Confidential Report PSD-053-18, Sale of Surplus Property to High Street Courtice Incorporated, be received for information. Carried - 7 - 12 Clarftwn Planning and Development Committee Minutes June 4, 2018 Resolution #PD-112-18 Moved by Councillor Cooke, seconded by Mayor Foster That Communication Items 10.4. 10.5 and 10.6, be approved on consent. Carried 10.4 Bryce Jordan, Planning Manager, GHD, Regarding Report PSD-052-18 Update on Secondary Plan Studies That Communication Item 10.4, from Bryce Jordan, GHD, Regarding Report PSD-052-18, Update on Secondary Plan Studies, be referred to the Director of Planning Services to be considered as part of the application review process. 10.5 Mustafa Ghassan, Delta Urban Inc. Regarding Report PSD-052-18 Update on Secondary Plan Studies That Communications Item 10.5, from Mustafa Ghassan, Delta Urban Inc., Regarding Report PSD-052-18, Update on Secondary Plan Studies, be referred to the Director of Planning Services to be considered as part of the application review process. 10.6 Mustafa Ghassan, Delta Urban Inc. Regarding Report PSD-052-18 Update on Secondary Plan Studies That Communications Item 10.6, from Mustafa Ghassan, Delta Urban Inc., Regarding Report PSD-052-18, Update on Secondary Plan Studies, be referred to the Director of Planning Services to be considered as part of the application review process. 11 Presentation(s) 11.1 Steve Usher, SLR Consulting, Regarding Report PSD-049-18, Clarington Transformer Station Peer Review, Update Steve Usher, Senior Hydrogeologist, SLR Consulting, was present regarding Report PSD-050-18, Clarington Transformer Station Peer Review. Mr. Usher provided an update on the Clarington Transformer Station. He summarized the annual report as included in Report PSD-049-18 as Attachment 1. Mr. Usher provided an overview of the deep well logistics, tritium sampling and liaising with residents regarding well complaints. He explained that the required program mandated by the Ministry of the Environment and Climate Change has been followed. He stated that the results showed no surprises and that the water quality is consistent with previous years and the water level in the ground has not changed significantly. Mr. Usher explained that the dry conditions, that triggered well complaints in 2016, subsided with a very wet 2017 and no new requests for assistance from SLR, were received. He noted that Hydro One has been monitoring the drainage blanket, although it is not required. Mr. Usher stated that the tritium testing, - 8 - 13 Clarftwn Planning and Development Committee Minutes June 4, 2018 done by Dr. Gerber on the groundwater taken from the Newmarket Till aquitard in the well cluster on site, showed no significant tritium at depth. Mr. Usher answered questions from the Committee. 12 Planning Services Department Reports 12.1 PSD-044-18 An Application by Holland Homes Inc. to Create a Common Elements Plan of Condominium at 35 Hanning Court, Bowmanville Resolution #PD-113-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD-044-18 be received; That the Draft Plan of Condominium application, submitted by Holland Homes Inc., be supported subject to the conditions substantially as contained in Attachment 1 of Report PSD-044-18; 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 That all interested parties listed in Report PSD-044-18 and any delegations be advised of Council's decision. Carried 12.2 PSD-045-18 An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons Resolution #PD-114-18 Moved by Councillor Traill, seconded by Councillor Partner That Report PSD-045-18 be received; That the proposed Zoning By-law Amendment application ZBA2018-0013, submitted by IBIS Foods Inc., to permit a drive-through accessory to a Tim Hortons, be approved; That the Zoning By-law Amendment be referred to the Council meeting of June 11, 2018 for adoption; and That all interested parties listed in Report PSD-045-18 and any delegations be advised of Council's decision. Motion Lost - 9 - 14 Clarftwn Planning and Development Committee Minutes June 4, 2018 Resolution #PD-115-18 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD-045-18 be received; 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; That all interested parties listed in Report PSD-045-18 and any delegations be advised of Council's decision. Carried Recess Resolution #PD-116-18 Moved by Councillor Partner, seconded by Councillor Traill That the Committee recess for 5 minutes. Carried The meeting reconvened at 8:56 PM with Councillor Neal in the Chair. 12.3 PSD-046-18 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 Resolution #PD-117-18 Moved by Councillor Partner, seconded by Councillor Hooper That Report PSD-046-18 be received; That the proposed application for rezoning ZBA 2017-0024, submitted by Akero Developments, be approved, and that the Zoning By-law, contained in Attachment 1 of Report PSD-046-18, be adopted; and That all interested parties listed in Report PSD-046-18 and any delegations be advised of Council's decision. Carried - 10 - 15 Clarftwn Planning and Development Committee Minutes June 4, 2018 12.4 PSD-047-18 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 Resolution #PD-118-18 Moved by Councillor Traill, seconded by Councillor Partner That Report PSD-047-18 be received; 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; 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 That all interested parties listed in Report PSD-047-18 and any delegations be advised of Council's decision. Carried 12.5 PSD-048-18 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 Resolution #PD-119-18 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD-048-18 be received; 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; 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 That all interested parties listed in Report PSD-048-18 and any delegations be advised of Council's decision. Carried - 11 - 16 Clarftwn Planning and Development Committee Minutes June 4, 2018 12.6 PSD-049-18 Clarington Transformer Station Peer Review, Update Resolution #PD-120-18 Moved by Councillor Cooke, seconded by Councillor Partner That Report PSD-049-18 be received; and That all interested parties listed in Report PSD-049-18 and any delegations be advised of Council's decision. Carried 12.7 PSD-050-18 Implementation of the Courtice Main Street Secondary Plan - Zoning By-law Resolution #PD-121-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD-050-18 be received; That a special exception (MU3-2) be added for 1728589 Ontario Inc. (Goldmanco) as per the memo from the Director of Planning Services dated June 4, 2018; That the Zoning By-law Amendment, as contained in Attachment 4 to Report PSD-050-18, be modified to include Special Exception 16.A.7.4 and be passed; 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; 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; 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 That all interested parties listed in Report PSD-050-18 and any delegations be advised of Council's decision. Carried - 12 - 17 Clarftwn Planning and Development Committee Minutes June 4, 2018 12.8 PSD-051-18 Amendment of Heritage Designating By-law - The Belmont House Resolution #PD-122-18 Moved by Councillor Hooper, seconded by Councillor Partner That Report PSD-051-18 be received; 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 Act, continue to be processed; That the Clerk prepare the required notice to amend the designation pursuant to Section 30.1 (2) of the Ontario Heritage Act; 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 That all interested parties listed in Report PSD-051-18 and any delegations be advised of Council's decision. Carried 12.9 PSD-052-18 Update on Secondary Plan Studies Resolution #PD-123-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD-052-18 be received; 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 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. Carried 13 New Business — Consideration There were no New Business Item to be considered under this Section of the Agenda. - 13 - 18 Clarftwn Planning and Development Committee Minutes June 4, 2018 14 Unfinished Business 15 Confidential Reports 15.1 PSD-053-18 Sale of Surplus Property to High Street Courtice Incorporated Resolution #PD-124-18 Moved by Mayor Foster, seconded by Councillor Partner That the recommendations, contained in Confidential Report PSD-053-18 Sale of Surplus Property to High Street Courtice Incorporated, be approved. Carried 15.2 LGL-003-18 Proposed Settlement of OMB Appeals by Tornat Newcastle Limited Closed Session Resolution #PD-125-18 Moved by Mayor Foster, seconded by Councillor Partner That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with: x litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and x advice that is subject to solicitor-client privilege, including communications necessary for that purpose; Carried Rise and Report The meeting resumed in open session at 10:01 PM with Councillor Neal in the Chair. Councillor Neal advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. - 14 - 19 Clarftwn Planning and Development Committee Minutes June 4, 2018 16 Adjournment Resolution #PD-126-18 Moved by Councillor Partner, seconded by Councillor Traill That the meeting adjourn at 10:10 PM. Motion Lost Resolution #PD-127-18 Moved by Councillor Hooper, seconded by Councillor Cooke That the meeting adjourn at 10:10 PM. Carried Chair Deputy Clerk - 15 - 20 Clarbgtoa Nonce of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Official Plan and Zoning By-law. 2556079 Ontario Inc. proposes to expand the existing freight transportation business at 1960 Baseline Road to expand onto a portion of 1972 Baseline Road. The Official Plan Amendment proposes to recognize the existing use and allow the expansion on to the adjacent lands. The Zoning By-law Amendment proposes to permit additional parking area for commercial transport vehicles and stormwater management facilities on the lands at 1972 Baseline Road. An Archaeological Assessment Phase 1/2 report is outstanding to deem the application complete. Address: 1960 and 1972 Baseline Road, Courtice 1299• LJ Lands Subject To Application 1255 ® Other Lands Owned by Applicant 1400 4 1184 121 1156 Z 1103 Auto ` �Tra n s 1010 2oao ' 1960 t 2048_ B,4~SELINIt ROAD a r! 1979 2011th 2033 995 1995 - 2x21 1987 T ZBA 2018-0011 "' COPA 2018-0002 s2s�:� ` • to • - Informed The proposed amendments and additional information and background studies are available for review at the Planning Services Department. Questions? Please contact Brandon Weiler 905-623-3379, extension 2424, or by email at bweiler clarin ton.net How to Provide Comments Speak at the Public Meeting: Date: Monday, June, 25, 2018 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planning Services Department to the attention of Brandon Weiler File Number: COPA2018-0002 & ZBA2018-00 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Ontario Municipal Board or the Local Planning Appeal Tribunal, as appropriate; and b) you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board or Local Planning Appeal Tribunal, as appropriate unless, in the opinion of the Board or the Tribunal, there are reasonable grounds to do so. 41*4t— David J. Crome, MCIP, RPP Director of Planning Services I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2018\ZBA2018-0011 1972 Baseline Road\Public Notice\Notice_Public Meeting_ZBA2018-0011_05'14'2018.docx 22 Clarbgtoa Nonce of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Zoning By-law 84-63 and for a proposed Plan of Subdivision. Modo Bowmanville Urban Towns Limited (The Kaitlin Group) has revised an application to amend Zoning By-law 84-63 and submitted a Draft Plan of Subdivision application. The revised proposal is for a residential condominium development including 125 back-to-back and dual fronting townhouse units, an 88 unit six storey apartment building at the south-east intersection of Boswell and Brookhill Boulevard, and amenity area. The Zoning By-law application has previously been deemed complete. o . • Location: South side of Brookhill Boulevard between Green Road and Boswell Drive, Bowmanville Ul p'1 I j - Dual Frontage Townhouses I I Lands Subject Dual Frontage Townhouses • .. Back-to-back Townhouses to Application • Other Lands Owned by Applicant Apartment Buildings How to be Informed The proposed applications together with any additional information and background studies are available for review at the Planning Services Department and on our website at clarington.net/developmentproposals Questions? Please contact Brandon Weiler 905-623-3379, extension 2424, or by email at bweiler _clarington.net How to Provide Comments Speak at the Public Meeting: Date: Monday, June 25, 2018 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planning Services Department to the attention of Brandon Weiler File Number: ZBA2016-0031 and S-C-2018-0002 23 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Ontario Municipal Board or the Local Planning Appeal Tribunal, as appropriate; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, as appropriate unless, in the opinion of the Board or the Tribunal, there are reasonable grounds to do so. 41*4t— David J. Crome, MCIP, RPP Director of Planning Services \\netapp5\group\. partment\LDO NEW FILING SYSTEWApplication Files\ZBA-Zoning\2016\ZBA2016-0031 Brookhill Boulevard(Also see SPA2017-0013)\Public Notice\April 2018 2nd submission and pu�._...__L,ng\NOTICE_Public Meeting_ZBA2016-0031_05'22'2018.docx 24 Clarbgtoa Nonce of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on applications to amend the Zoning By-law, and to amend a Draft Approved Plan of Subdivision. Far Sight Investments Limited and Savannah Land Corporation have made applications to amend an existing Draft Approved Plan of Subdivision and the zoning by-law as follows: Proposed Amendment to Draft Approved Plan S-C 2005-002 x To add 0.64 hectares of lands from Savannah Land Corporation to the draft approved plan; x To reconfigure the park and stormwater management pond; x To provide for future parkland and open space within the lands shown as Other Lands Owned by Savannah Land Corp; x To change the road pattern in the southern portion; and x To add an additional 71 residential units consisting of 38 single detached dwellings and 33 street townhouse units throughout the approved draft plan of subdivision. Proposed Amendment to Zoning By-law x To implement the proposed amendments to the draft approved plan of subdivision noted above; and x To establish a setback from a visibility triangle on corner lots within the draft approved plan of subdivision. Address: North-west corner of Lambs Road, north of Durham Highway 2 and south of Concession Road 3 in Bowmanville -- - - -�' covicessioN scaeeT E,vr fiICN STREET- M1 Y - rR cFEETERS C Park Medium Townhouse Block /V o° /I )N DR ErcHE;z oH� - Open Space a. z w Other Lands oPCR " 3 Owned By Single Detached Dwellings � 4� Savannah c_ Land Corp 0 'a" Limits of Draft Approved Park Plan SC 2005-002 F Street Townhouses SWM Pond Medium Townhouse Block krN�STR - x 0.64 ha owned by Savannah Lands Corp to be added to draft - t° o approved plan SC 2005-002 Open Space L r ti� Retained By Owner `ZBA 2018-0009 [ T •SC 2005-002 How to Provide Comments Speak at the Public Meeting: Date: Monday, June 25, 2018 Time: 7:00 PM Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Municipal Administrative Centre Council Chambers Or write to the Planning Services Department to the attention of Cynthia Strike How to • - Informed The proposed amendments and additional information and background studies are available for review at the Planning Services Department. Questions? Please contact Cynthia Strike 905-623- 3379, extension 2410, or by email at cstrike(cbclarington.net File Number: S-C 2005-002 and ZBA 2018-0009 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Ontario Municipal Board or the Local Planning Appeal Tribunal, as appropriate; and b) you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board or Local Planning Appeal Tribunal, as appropriate unless, in the opinion of the Board or the Tribunal, there are reasonable grounds to do so. 44 — David J. Crome, MCIP, RPP Director of Planning Services I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C 2005\S-C-2005-0002 Farsight\1-Amendment to DRAFT APPROVAL 2018\Public Notice\Public Meeting Notice June 1'18.docx 26 �4 'r II OFFICE OF THE MAYOR CITY OF HAMILTON May 31, 2018 The Honourable Kathleen Wynne Premier of Ontario 795 Eglinton Avenue East, Suite 101 Toronto, ON M4G 4E4 Dear Premier Kathleen Wynne: Re: Town of Oakville's resolution regarding a Renewed Commitment to the Greenbelt At its meeting of May 23, 2018, City Council supported the Town of Oakville's resolution (attached) dated May 7, 2018 respecting Renewed Commitment to the Greenbelt. Sincerely, O Mayor Fred Eisenberger cc. Vicki Tytaneck, Town Clerk, Town of Oavkille Andrea Horwath, Leader, New Democratic Party of Ontario Doug Ford, Leader, Progressive Conservative Party of Ontario Mike Schreiner, Leader, Green Party of Ontario Bill Mauro, Minister of Municipal Affairs Greater Golden Horseshoe Municipalities Association of Municipalities of Ontario Environmental Defence Friends of the Greenbelt Foundation Municipal Leaders for the Greenbelt File C18-010 (5.11) 71 MAIN STREET WEST, 2ND FLOOR, HAMILTON,ONf1718P 4Y5 PHONE 905.546.4200 FAx: 905.546.2340 5.11 OAKVI LLE May 7, 2018 Subject: In Consideration of a Renewed Commitment to the Greenbelt At its meeting on April 30, 2018, Oakville Town Council approved the following motion.- WHEREAS, otion:WHEREAS, the Greenbelt is an integral component of land use planning that complements the Growth Plan to encourage smart planning, the reduction of sprawl, protection of natural and hydrological features and agricultural lands;and WHEREAS, the Greenbelt has protected 9.8 million acres of farmland, local food supplies, the headwaters of our rivers and important forests and wildlife habitat for over 12 years; and WHEREAS, a permanent Greenbelt is an important part of the planning for sustainable communities;and WHEREAS, there is a tremendous amount of land already planned and available in excess of the development needs of the GTA without weakening the protections provided by the Greenbelt; and WHEREAS, efforts to open the Greenbelt create the opportunity for land speculators to build expansive homes, at immense profits, in remote areas;and WHEREAS, opening the Greenbelt will move the urban boundary thus creating more sprawl and increased traffic;and WHEREAS, the costs of sprawl result in increased taxes, because 25% of the costs of sprawl are downloaded to existing property taxpayers; and WHEREAS programs like the proposed inclusionary zoning regulations will assist municipalities in advancing the supply of affordable housing stock without the need to expand the built boundary; WHEREAS the Town of Oakville was the originator of the Urban River Valley designation; Town of Oakville 1 1225 Trafalgar Road, Oakville, Ontario L6H OH3 1 905-845-6601 ( www.oakville.ca 28 Page 2 May 7, 2018.` Subject: In Consideration of a.Renewed Commitment to the Greenbelt THEREFORE BE IT RESOLVED, THAT the Town of Oakville stand with its municipal neighbours to undertake continued action to maintain and grow the current Greenbelt; and THAT the province be strongly urged to extend Greenbeltprotection to include the appropriate whitebelt lands within the inner ring, lands that are. the most immediately vulnerable .to development in the province; and THAT this resolution be distributed to the leaders of all parties represented in the Legislature, the Minister of Municipal Affairs, all Greater Golden Horseshoe municipalities, the Association of Municipalities of Ontario, Environmental Defence, Friends of the Greenbelt Foundation and members of Municipal Leaders for the. Greenbelt Should you have any questions regarding this matter or should you require any additional information, please contact me at 905-845-6601, extension 2003, or email vicki.tytaneck@oakville.ca. Yours truly, � 1 Vicki Tytaneck Town Clerk c: Andrea Horwath, Leader, New Democratic Party of Ontario Doug Ford, Leader, Progressive Conservative Party of Ontario Kathleen Wynne, Leader, Ontario Liberal Party Mike Schreiner, Leader, Green .Party of Ontario Bill Mauro, Minister of`Municipal Affairs .- Greater Golden. Horseshoe Municipalities Association of Municipalities of Ontario - Environmental Defence Friends of the Greenbelt Foundation Municipal Leaders for the Greenbelt 1 Clarftwn Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 25, 2018 Report Number: PSD-054-18 Resolution: File Number: COPA2018-0002 & ZBA2018-0011 By-law Number: Report Subject: Applications by 2556079 Ontario Inc. (CCT AutoTrans) to recognize the existing industrial business at 1960 Baseline Road West and to allow an expansion of the business onto a portion of 1972 Baseline Road West Recommendations: 1. That Report PSD-054-18 be received; 2. That the Official Plan Amendment and Zoning By-law Amendment applications submitted by 2556079 Ontario Inc. continue to be processed and that a subsequent report be prepared; and 3. That all interested parties listed in Report PSD-054-18 and any delegations be advised of Council's decision. 30 Municipality of Clarington Page 2 Report PSD-054-18 Report Overview The Municipality is seeking the public's input on applications to amend the Clarington Official Plan and Zoning By-law 84-63, submitted by 2556079 Ontario Inc. The applications propose to recognize an existing freight transportation business at 1960 Baseline Road and permit the expansion of the business onto a portion of 1972 Baseline Road. The expansion of the existing freight transport business onto the south-west portion of 1972 Baseline Road would be for parking of commercial transport vehicles and stormwater management. 1 . Application Details 1.1 Owner/Applicant: 2556079 Ontario Inc. (CCT AutoTrans) 1.2 Agent: Miller Planning Services 1.3 Proposal: General To recognize the existing freight transportation business at 1960 Baseline Road and to allow an expansion of the business onto a portion of 1972 Baseline Road. The expansion will provide additional parking area for commercial transport vehicles and stormwater management. Official Plan Amendment To change the designation of 1960 Baseline Road and a portion of the lands at 1972 Baseline Road from Light Industrial to General Industrial with appropriate policies to allow a freight transport operation. Rezoning To rezone a portion of the lands at 1972 Baseline Road from "Agricultural (A) Zone" to an appropriate zone that would permit the freight transport operation. 1.4 Area: 26.5 hectares (65.6 acres) 1.5 Location: The north side of Baseline Road, just east of Solina Road 1.6 Roll Numbers: 181701002021000 1.7 Within Built Boundary: No 31 Municipality of Clarington Page 3 Report PSD-054-18 2. Background 2.1 1960 Baseline Road has been zoned General Industrial (M2) since the zoning by-law 84- 63 came into effect in 1984. The M2 zone permits the existing freight transportation use. The original Town of Newcastle Official Plan did not designate these lands. The 1996 Official Plan and, most recent 2017 update, designates the property Light Industrial, which does not permit the freight transportation use. The applicants were allowed to develop the site in 2014 in conformity with the current zoning by-law provisions with site plan approval. 2.2 The applicants have owned and operated CCT Auto Trans at 1960 Baseline Road since 2014. The applicants have indicated they currently operate 60 trucks and are anticipating expanding the business to up to 150 trucks over the next 5 years. In order to accommodate their growing business needs the applicants are seeking to enlarge the existing building and add additional parking. 2.3 In April 2017 the applicants were granted site plan approval to put an addition on the existing building at 1960 Baseline Road. The addition included additional office space and bays for truck maintenance. Prior to the applicants moving forward with the addition they have determined they require additional parking area for their trucks, specifically on weekends when less trucks are on the road. 2.4 Amendment 107, a comprehensive update to the Official Plan, was approved by the Region of Durham on June 19, 2017. In order to submit the Clarington Official Plan Amendment application, 2556079 Ontario Inc. required Council's permission to accept the application within two years of the comprehensive update. Council approved the applicant's request to submit an Official Plan Amendment application on December 11, 2017. 2.5 On April 20, 2018 the applicants submitted Official Plan Amendment, Zoning By-law Amendment and Site Plan applications. The applications are seeking to recognize the use on 1960 Baseline Road within the Official Plan and also to allow the expansion of the business onto approximately 1.6 ha. (4 acres) at the west side of 1972 Baseline Road. The remainder of the 26.6 ha. (65.7 acre) at 1972 Baseline Road, which includes environmental features surrounding Darlington Creek, will remain designated Light Industrial and Environmental Protection in the Official Plan and zoned Agriculture. 2.6 The applicants have indicated they plan to seek future approvals to move the parking area further back from Baseline Road as their business continues to grow. However an Environmental Impact Study would be required to determine the development limits and identify appropriate measures adjacent to Darlington Creek. 32 Municipality of Clarington Page 4 Report PSD-054-18 1299 " 7-7 4` ❑Lands Subject To Application ' lzsstl *.4 ®Other Lands Owned by Applicant r � _ 4 z.. ,.1400 l ? k 1184 1211 1156 Q J Z' 1103 - .CCT CCT *Auto ;- Trans', ' is�z 1010 2040 ` "1960 _ f 2048 BASE LINE R D 1979 o11 z 'i' „ 2033 995 - 1995 - 2021 1987 - 5 78 0/ .. ZBA 2 018-00 11 �_ r COPA 2018 0002 , Figure 1: Lands subject to application and additional lands owned by Owner 2.7 The applicant has submitted the following studies in support of the applications: • Planning Justification Report • Stormwater Management and Functional Servicing Report • Tree Inventory Report 2.8 The application has been deemed incomplete at this time as the Phase 1-2 Archaeological Report is currently being completed and has not been submitted with the application. However, staff have undertaken a circulation of the application and scheduled the required public meeting. 33 Municipality of Clarington Page 5 Report PSD-054-18 3. Land Characteristics and Surrounding Land Uses 3.1 1960 Baseline Road is 1.7 ha. (4.1 acre) property with an industrial building and parking related to a transportation depot use. The building contains offices and truck maintenance facilities. Figure 2: Photo from 1972 Baseline Road looking west toward existing CCT AutoTrans business. 3.2 1972 Baseline Road is a 26.6 ha. (65.7 acre) property that consists of agricultural fields, a wooded area and Darlington Creek, which runs through the northern portion of the lands. The subject lands are currently vacant. The previous farm house and agricultural buildings were demolished in 2017. Staff and the heritage committee conducted site visits to assess any potential heritage value prior to the demolition of the buildings. 34 Municipality of Clarington Page 6 Report PSD-054-18 Environmental Protection Area Lands Subject to Application Other Lands Owner By Applicant j w �❑ ❑ �a a ... ' w 0 Z Coutice Urban Boundary :4 o ,' 0 � BASELINE ROAD- 0 OAD O j m CCT Auto Trans 2021&2033 Baseline Road +�Y Subject to Applications: 1f+c Ra+`Nay ZBA 2017-0038 _d�anpa� ZBA 2017-0013 x'aGa�a Proposed Metrolinx Layover Area k lil ... = / HIGHwAY T�- - 401 _ Owasco Auto Mall 1 ANERGY DRIVE ZBE1 018-0011 Figure 3: Surrounding Area Land Uses 3.3 The lands are currently the highest at the south-western portion of the property and the grade drops significantly to the north-east, draining towards Darlington Creek. 3.4 The surrounding uses are as follows: North - Single detached dwellings and agricultural lands. South —A light and heavy industrial equipment rental business, a panel manufacturing and assembly industrial business, CP Rail line, Owasco Auto Mall under construction and future Metrolinx Go Rail Layover Facility. East—Agricultural lands and single detached dwellings. West— Single detached dwellings and future Highway 418. 35 Municipality of Clarington Page 7 Report PSD-054-18 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement requires municipalities to promote economic development by providing an appropriate mix and range of employment uses and providing opportunities for a diversified economic base. Employment areas shall support a wide range of economic activities and ancillary uses. Growth Plan 4.2 The Growth Plan 2017 promotes economic development and competitiveness in the Greater Golden Horseshoe. Municipalities are to promote more efficient use of existing employment areas, vacant and underutilized employment lands, and increasing employment densities. 4.3 The Growth Plan requires upper tier municipalities to set a target for employment densities that reflects the current and anticipated type and scale of employment that characterizes the employment areas. Municipalities may identify prime employment areas within their Official Plan which are employment areas for uses that are land extensive or have low employment densities. 5. Official Plans Durham Region Official Plan 5.1 The subject sites are designated "Employment Areas" in the Regional Official Plan. Employment Areas are intended to accommodate a full range of employment uses such as, but not limited to: manufacturing, warehousing, offices, and the storage of goods and materials. 5.2 The Region of Durham has set a target ratio of jobs to population of 50% or 1 job for every 2 persons in employment areas for the Region as a whole. Clarington Official Plan 5.3 The subject lands are within the Courtice Urban Area and are designated Light Industrial and Environmental Protection in the Clarington Official Plan and are within the Greenfield Area. Baseline Road is designated as a Type C Arterial Road. 5.4 Freight transportation facilities are not permitted in the Light Industrial designation and are directed to the General Industrial designation. Within the General Industrial designation freight transportation facilities are directed to areas that are not highly visible sites, not adjacent to freeways, arterial roads and entranceways to urban areas. 36 Municipality of Clarington Page 8 Report PSD-054-18 5.5 Parking areas in employment areas are generally required to be located at the rear of buildings, limiting their visibility on streetscapes. If no building is present on the site, as is proposed, than appropriate landscaped buffer will be required to accomplish the same goals. 5.6 In order to expand the business to the adjacent property to the east the applicants are proposing to designate a portion of 1972 Baseline Road General Industrial with site specific policy allowing for a freight transportation facility on an arterial road. 5.7 The Official Plan sets a target of achieving 1 job for every 3 residents in Clarington by 2031 and to accommodate 50% of the forecasted employment growth within designated employment areas. The Plan also targets a gross density of 50 jobs per gross developable area in Greenfield Areas. 6. Zoning By-law 6.1 1972 Baseline Road is currently zoned Agricultural (A). A Zoning By-law Amendment is required to permit the proposed industrial use expansion on 1972 Baseline Road. The amendment would rezone the portion of the property identified in Figure 1 from "Agricultural (A) Zone" to an appropriate industrial zone that would permit the development. 7. Public Notice and Submissions 7.1 Public notice was mailed to each landowner within 120 metres of the subject lands on June 1, 2018 and Public Meeting signs were installed fronting onto Baseline Road and Solina Road on June 5, 2018. 7.2 Staff have not received any comments from the public at the time of finalizing this report. 8. Agency Comments Durham Region 8.1 Comments from Durham Region Planning, Works, Health and Transportation have not been received at the time of finalizing this report but will be included in a subsequent report. Central Lake Ontario Conservation Authority 8.2 Comments from the Central Lake Ontario Conservation Authority have not been received at the time of finalizing this report but will be included in a subsequent report. 37 Municipality of Clarington Page 9 Report PSD-054-18 9. Departmental Comments Engineering Services Department 9.1 The Engineering Services Department, including the Building Division, has no objections, in principle, to the applications for Official Plan amendment and Zoning By-law amendment. The detailed studies and site plan drawings are under review. Comments that result from that review will need to be addressed through site plan approval, should the amendments to the Official Plan and Zoning be approved. 9.2 Prior to any development of the subject lands the applicant/owner will be required to address the following areas to the satisfaction of the Engineering Services Department through application for site plan approval: x Traffic; x Road Dedication; x Road Improvements; x Grading; x Drainage; x Stormwater Management; x Entrance Construction; and x Noise Attenuation. Emergency and Fire Services 9.3 The Emergency and Fire Services Department has no objections to the applications. 10. Discussion 10.1 CCT AutoTrans has operated their business from 1960 Baseline Road since 2014. Majority of the applicants business occurs off the property as the transportation trucks are on the road across the continent the majority of the time. The applicant requires space on the site to perform truck maintenance and storage when the trucks are not on the road, mainly evenings and weekends. 10.2 The Clarington Official Plan does not permit freight transportation uses in the Light Industrial Area, directing them to the General Industrial Area. The existing business at 1960 Baseline Road was permitted by the General Industrial (M2) zoning that has been in place on the property since 1984. The applicants are seeking to recognize the existing use at 1960 Baseline Road within the Official Plan and to expand the use onto approximately 1.6 ha. (4 acres) at the west side of 1972 Baseline Road. 38 Municipality of Clarington Page 10 Report PSD-054-18 10.3 In addition to not permitting freight transportation facilities in the Light Industrial designation, within the General Industrial designation freight transportation facilities are not permitted to be located adjacent to an Arterial Road. Baseline Road is a Type C Arterial Road. Should the Official Plan Amendment and the Zoning By-law Amendment be approved, the applicant will be required to adequately screen the proposed developed through site plan should approval be granted. 10.4 The applicant has submitted a Site Plan application concurrently with the Official Plan and Zoning By-law Amendment applications. The site plan is currently being reviewed and will address lighting, stormwater management and landscaping requirements. 11 . Concurrence Not Applicable. 12. Conclusion The purpose of this report is to provide background information on development applications submitted by 2556079 Ontario Inc. for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. 13. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David Crome, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ex. 2424 or bweiler@clarington.net BW/CP/jp List of interested parties to be notified of Council's decision is on file in the Planning Services Department. 39 Clarftwn Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 25, 2018 Report Number: PSD-055-18 Resolution: File Number: ZBA2016-0031 & S-C-2018-0002 By-law Number: Report Subject: Applications by MODO Bowmanville Urban Towns Limited (The Kaitlin Group) for a Zoning By-law Amendment and Draft Plan of Subdivision to permit 125 townhouse units and an 88 unit six storey apartment building Recommendations: 1. That Report PSD-055-18 be received; 2. That the Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by MODO Bowmanville Urban Towns Limited to permit 213 residential units continue to be processed including the preparation of a subsequent report; and 3. That all interested parties listed in Report PSD-055-18 and any delegations be advised of Council's decision. 40 Municipality of Clarington Page 2 Report PSD-055-18 Report Overview The Municipality is seeking the public's input on revised applications to amend Zoning By- law 84-63 and a Draft Plan of Subdivision, submitted by MODO Bowmanville Urban Towns Limited (The Kaitlin Group). The applications would permit a future common elements condominium with 213 residential units including 61 dual frontage townhouses, 64 back to back townhouses and 88 apartment units in a six storey building, common amenity space and private laneways. 1 . Application Details 1.1 Owner/Applicant: MODO Bowmanville Urban Towns Limited (The Kaitlin Group) 1.2 Proposal: Proposed Draft Plan of Subdivision To create one block for a condominium project. Rezoning To rezone the lands from the "Agricultural (A) Zone" to appropriate zones that permit 213 future condominium residential units including 61 dual frontage townhouses, 64 back to back townhouses and 88 apartment units in a six storey building, common amenity space and private laneways_ 1.3 Area: 2.87 hectares (7.1 acres) 1.4 Location: South side of Brookhill Boulevard between Green Road and Boswell Drive. 1.5 Roll Number: 181701002018432 and 181701003002710 1.6 Within Built Boundary: No 2. Background 2.1 On December 16, 2016, MODO Bowmanville Urban Towns Limited submitted applications for Rezoning and Site Plan approval to permit 167 units including 56 stacked townhouses, 49 rear lane townhouses and 62 back to back townhouses. (Figure 1) 2.2 A Public Information Centre was held May 18, 2017 and a Public Meeting was held on June 5, 2017 at Planning and Development Committee. The applicant was provided detailed comments from internal departments, external agencies and the public for their review. A concern identified with the proposal was that it did not meet the Region of Durham or Clarington Official Plan policies, specifically with regards to density within the Town Centre. Staff also requested different forms of housing to provide more affordable and accessible options within the development. 41 Municipality of Clarington Page 3 Report PSD-055-18 s- i i�S;i�i;lil s�f;l�lj l�1 i�S;l�i;l�I 1�l jt li H119 ER H 511►C Eii H H'',7i1 !-R!Y-i 8N r I .`.L...F..be 311..x. ... ..;. ..I. ... i i _. .._. _ .._ ...�.... }•�...... i . � �.... . BROOKHILL II SITE PLAN -- 3.5 STOREY 14'A"OVAL FRONT .. ...F.{ .;.T.... * ❑TOWNHOUSES _.� ... 3 STORY 2]'-0"$ACK TO BACK s E.I — ❑TOWNHOUSES If i 3.5 STCREY STACKED 1OWNHOUSES ©3 STOREY I4'•V'DUAL FRONT 1DWNHWES %1MIJiT SiAEilCEMiiS LYU.li1M I/!E Figure 1: Original application submission for 157 townhouse units 2.3 In April 2018 the applicants submitted revised Zoning By-law Amendment and Site Plan Approval applications. The applicants also submitted a new Draft Plan of Subdivision application to facilitate a future plan of condominium on the lands. The revised concept includes 213 future condominium residential units including 51 dual frontage townhouses, 64 back to back townhouses and 88 apartment units in a six storey building. The revised plan will have an underground parking area accessed from the west side of the property to serve the apartment building. 2.4 The applicants have submitted a separate zoning by-law amendment application for a 5 storey apartment building abutting Green Road (shown as other lands owned by applicant on Figure 2). That application has been deemed incomplete at this time as land transfer is being worked on between Kaitlin and the owner of other lands at the corner of Green Road and Brookhill Boulevard. 42 Municipality of Clarington Page 4 Report PSD-055-18 d N U U K X L L P C•L L E r R P - - �r 1ti -Dual Frontage Townhouses 11661-111 111 1 Lands Subject ®Dual Frontage Townhouses r • to Application Back-to-back Townhouses Other Lands Owned by Applicant Apartment Buildings Figure 2: Revised application submission for 213 units. 2.5 The revised proposal has changed significantly, in both unit type and unit number, recirculation of public notice and a new public meeting is required. 2.6 A number of revised studies were submitted and circulated for comments_ • Functioning Servicing and Stormwater Management Reports • Traffic Impact Study ■ Noise Study • Energy Conservation and Sustainability Plan • Urban Design Brief The studies are being reviewed by staff and agencies and will be summarized in a future report. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are relatively flat and vacant. No significant environmental features are present on the site, however it is identified as an Ecologically Significant Groundwater Recharge Area and an area of High Aquifer Vulnerability. 43 Municipality of Clarington Page 5 Report PSD-055-18 1 �1 ,a. `w. Mll4v{ Existing Residential Development ,l _. W .: erCresren _ Lk a IF' 1,. Rekker's r L / f Garden 3 °vey ., Centre oy Ted Miller Crescent - ;. r C t Greenhouse ' a � s ro Lands Subject to Bokbill B i / m Future Development oWe l 'O Not Owned B Current Application and y r Applicant roo 1 oulevard r' Clarington Central d . > Secondary School Lam_ > T3 Wal Mart Additional Lands Owned By •. Applicant Canadian Tire �► m 4r Qr Stevens Road ZBA 22016-0031 °_. , ..•. Y Figure 3: Surrounding Area Land Uses 3.2 The surrounding uses are as follows: North - Brookhill Boulevard / rear lane townhouses and semi-detached dwellings South - Commercial area including Canadian Tire and Walmart stores East - Two existing single detached dwellings, additional vacant lands owned by the applicant, a Temporary sale centre and Clarington Secondary School West -Rekkers Garden Centre and Greenhouse Operation 44 Municipality of Clarington Page 6 Report PSD-055-18 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. New growth patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. Opportunities for redevelopment and intensification must be promoted. Municipalities must provide a variety of housing types and densities including a range of housing options that are affordable to the area residents. 4.2 Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. Places to Grow 4.3 The subject lands are designated as Greenfield Area and within the Bowmanville Urban Area. The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Bowmanville Urban Area, while making efficient use of existing and planned infrastructure. 4.4 Within Greenfield Areas, the Growth Plan establishes minimum density targets for residents and jobs. The current target is 50 residents and jobs per hectare measured across the Greenfield area. 4.5 The development of complete communities is encouraged by promoting a diverse mix of land uses, a mix of housing types, high quality public open space and easy access to local stores and services. Transit-supportive and pedestrian-friendly developments will be concentrated around existing and future transit routes. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the lands as a Regional Centre, which is to be developed as the main concentration of commercial, residential and cultural functions within the urban area in a well-designed and intensive land use form. A Regional Centre shall support an overall, long-term density target of at least 75 residential units per gross hectare and a floor space index of 2.5. 45 Municipality of Clarington Page 7 Report PSD-055-18 5.2 Development in Regional Centres shall be based on the following principles: xCompact urban form which is transit-supportive; xProvides a mix of uses and opportunities for intensification; xFollows good urban design principles with focus on public spaces and pedestrian connections, with parking to the rear or within buildings; and xEnhances grid connections for pedestrians and cyclists. Clarington Official Plan 5.3 The Clarington Official Plan designates the lands Urban Centre. Development within Urban Centres shall provide for a mix of uses with a focus on higher density and a mix of housing types to support the successful development of complete communities. The minimum density target for Urban Centres is 120 units per hectare. The current proposal has a density of approximately 74 units per hectare. When future applications are submitted for the remainder of the lands to the east, abutting Green Road, which are anticipated to be two apartment buildings, the density across the lands designated Low Rise High Density Residential is anticipated to meet the Official Plan density requirements of 120 units per hectare. 5.4 Urban Centres are to be developed as the main concentration of activity within communities. Development should be transit supportive with a pedestrian focus as people-oriented places with a high quality pedestrian environment including civic squares, parks, walkways and building forms and styles that reflect the character of the community. 5.5 Development within the Urban Centre designation must comply with the urban design policies of the Official Plan, including those specific to the Bowmanville West Town Centre Secondary Plan. Bowmanville West Town Centre Secondary Plan 5.6 The Bowmanville West Town Centre Secondary Plan designates the lands Low Rise High Density Residential. The low rise high density designation permits townhouses and low rise apartment buildings not exceeding six storeys in height. 5.7 The Bowmanville West Town Centre Secondary Plan is one of the Secondary Plans that staff are completing a conformity review. This work is in early stages. Currently the density in the Low Rise High Density designation shall be a minimum of 50 and a maximum of 80 units per hectare. The Official Plan with the adoption of OPA 107 has a policy indicating where an inconsistency with the parent plan exists related to density the parent plan shall prevail. 46 Municipality of Clarington Page 8 Report PSD-055-18 6. Zoning By-law Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. A rezoning is required to implement the appropriate residential zones to permit the dual frontage, back-to-back townhouses and apartment units. 7. Public Notice and Submissions 7.1 Public notice of the revised application was mailed to each landowner within 120 metres of the subject lands on May 25, 2018 and details of the application were also included on the Municipality's website. Public meeting signs were installed fronting onto Boswell Drive, Brookhill Boulevard and Green Road on May 31, 2018. 7.2 At the time of writing this report staff have received comments from two residents. One resident indicated support for the proposal and one resident had concerns with the proposal. 7.3 The resident in support of the proposal believed the apartment provided an affordable option for residents in Bowmanville. The resident also indicated they would like to see a new park or expansion of current parks as part of the development due to the large number of families in the neighbourhood. 7.4 The resident with concerns had indicated concerns with the previous proposal as well. The concerns were related to density and not having regard for the existing Brookhill Neighbourhood. The resident indicated there should be a mixture of singles and semi- detached dwellings as part of the proposal_ 8. Agency Departments 8.1 Most agency comments, including Durham Region Planning and Works Departments and Central Lake Ontario Conservation Authority, have not been received as of the writing of this report. Once received, they will be included in a subsequent report. Durham Region Transit 8.2 Comments received include the need to maintain the existing bus stops on Boswell Drive and Brookhill Boulevard. Purchasers of units fronting onto these streets should be made aware of current transit operations and that levels of service and resulting infrastructure are subject to change in the future. It is recommended that a pedestrian connection into the centre of the commercial development to the south be incorporated in the site design to provide a more direct connection to transit services available on Highway 2. 47 Municipality of Clarington Page 9 Report PSD-055-18 9. Departmental Comments 9.1 The Engineering Department has no objections, in principle, to the draft plan of subdivision or rezoning applications. The applicants will be responsible for addressing and implementing appropriate grading, site servicing, and traffic measures to the satisfaction of the Engineering Department through site plan approval. 10. Discussion 10.1 Revised applications were received in April 2018 with a new draft plan of subdivision application. The revised proposal will allow for a future common elements condominium with 61 dual frontage townhouses, 64 back to back townhouses and 88 apartment units in a six storey building, common amenity space and private laneways. 10.2 The proposal eliminates the stacked townhouse units from the original submission and instead proposes apartment units. The addition of apartment units will provide an accessible form of housing in the north of the West Bowmanville Town Centre. As well as potentially more affordable than residential units with individual doors Fiim M 7 � 7 I _ L JT F L L [ L Figure 4: Conceptual drawing of the six storey apartment building 48 Municipality of Clarington Page 10 Report PSD-055-18 n Figure 5: Conceptual drawing of back to back Townhouses 7 \ \ lid..•. ,� I 7 .� . . .. ae _ *m Figure 6: Conceptual drawing of dual frontage Townhouses 10.3 The Region of Durham Official Plan has long-term density target of at least 75 residential units per gross hectare for Regional Centres. The Clarington Official Plan requires 120 units per hectare for Urban Centres. The current proposal has a density of 74 units per hectare, thereby positively contributing to the long-term target as contained in the Regional Official Plan, although not achieving the120 unit minimum required by the Clarington Official Plan_ 49 Municipality of Clarington Page 11 Report PSD-055-18 10.4 The subject lands are within the northern limits of the Bowmanville West Town Centre Secondary Plan, which is within the Town Centre. The Brookhill Secondary Plan south boundary is located on the north side of Brookhill Boulevard, which is not within the Town Centre. The development of the subject lands and the lands abutting Green Road should be compatible and transition to the lower density located on the north side of Brookhill Boulevard while achieving the policies of the Official Plan. However compatibility does not mean duplicating the form or height of housing. 10.5 The applicant has not indicated if the future condominium will apply to all the lands or if there will be multiple condominiums within the plan. There may be a requirement for long term cooperation between the condominiums on the subject lands and the future developments adjacent to Green Road to ensure proper site circulation, servicing, and maintenance. 11 . Concurrence Not Applicable. 12. Conclusion The purpose of this report is to provide background information on development applications submitted by MODO Bowmanville Urban Towns Limited for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. 13. Strategic Plan Application The recommendations of this Report conform to the Strategic Plan action to 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. 41*4t— Submitted by: Reviewed by: David Crome, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Brandon Weiler, Planner II, (905) 623-3379 ext. 2424 or bweiler@clarington.net BW/CP/jp List of interested parties to be notified of Council's decision is on file in the Planning Services Department. 50 Clarftwn Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 25, 2018 Report Number: PSD-056-18 Resolution: File Numbers: S-C 2005-0002, ZBA 2018-0009 By-law Number: Report Subject: An Application by Farsight Investments and Savannah Land Corporation to amend a Draft Approved Plan of Subdivision and rezoning by adding lands into the draft plan Recommendations: 1. That Report PSD-056-18 be received; 2. That the application to amend Draft Approved Plan of Subdivision and application for Zoning By-law Amendment, submitted by Farsight Investments Limited and Savannah Land Corporation by adding lands into the draft plan and changing the configuration of the park, stormwater management pond and roads to permit 71 additional residential units continue to be processed and that a subsequent report be prepared; and 3. That all interested parties listed in Report PSD-056-18 and any delegations be advised of Council's decision. 51 Municipality of Clarington Report PSD-056-18 Page 2 Report Overview The Municipality is seeking the public's input on a proposed amendment to Draft Approved Plan of Subdivision and an application for Zoning By-law Amendment, submitted by Farsight Investments Limited and Savannah Land Corporation. The proposed change would add 0.64 hectares of land to the draft approved plan of subdivision and changes the size and configuration of the park, stormwater management pond and roads to permit 71 additional residential units. The ability of this amendment to draft approval and rezoning to proceed is predicated on land acquisition between Farsight Investments and Savannah Land Corporation and the opportunity for the Municipality to acquire additional lands for park and open space as set out in Confidential Report LGD-005-18 from the Municipal Solicitor. 1 . Application Details 1.1 Owner/Applicant: Farsight Investments Limited Savannah Land Corporation 1.2 Agent: Bryce Jordan, GHD 1.3 Proposal: Amendment to Draft Approved Plan S-C 2005-002 i) To add 0.64 hectares of lands from Savannah Land Corporation to the draft approved plan; ii) To reconfigure the park and stormwater management pond and change the road pattern in the southern portion of the plan; iii) To provide for future parkland and open space within the lands shown as Other Lands Owned by Savannah Land Corporation; and iv) To add an additional 71 residential units consisting of 38 single detached dwellings and 33 street townhouse units throughout the approved draft plan of subdivision. Amendment to Zoning By-law ZBA2018-0009 i) To implement the proposed amendments to the Draft Approved Plan of Subdivision noted above; and ii) To establish a setback from a visibility triangle on corner lots 1.4 Area: 46.96 hectares 1.5 Location: North of Durham Highway 2 between Mearns Avenue and Lambs Road, and south of Concession Street in Bowmanville (Figure 1.) 1.6 Gross Density: 51 jobs and persons per gross developable hectare 1.7 Roll Numbers: 18-17-010-010-08200, 18-17-010-010-08210, 18-17-020-060-13500 52 Municipality of Clarington Report PSD-056-18 Page 3 1.8 Within Built Boundary: Yes — CONCESSION S fREEY EAST SIO C I FLEET EAS I - i e DR cFEETERS G Park Medium Townhouse Block /V EJ N DR z Cu roh, - u DnvNHAU D z w LETCHER DR Open Space Q � i w a ouC o Other Lands oPECRE�Owned By Single Detached Dwellings Savannah Land Cor a a z n Limits of Draft Approved Park Plan SC 2005-002 w � Street Townhouses SWM Pond Medium Townhouse Block , i # 0.64 ha owned by Savannah Lands Corp to be added to draft o approved plan SC 2005-002 Open Space Retained By Owner ZBA 2018-0009 ' r - SC 2405-002 Figure 1: Subject Site 2. Background 2.1 In September 2010, Farsight Investments Limited received Draft Approval for a 541 unit residential plan of subdivision. The draft plan consisted of 273 single detached units, five blocks for 29 street townhouse units, 2 blocks for 239 block-townhouse units; open space blocks, which includes the lands associated with the main branch of the Soper Creek as well as a tributary to the Soper Creek, a stormwater management block and two park blocks. 53 Municipality of Clarington Report PSD-056-18 Page 4 2.2 Final Approval for the first phase of the plan was not possible due to sanitary sewer capacity constraints at the Port Darlington Water Pollution Control plant. As a result Farsight received an extension to Draft Approval in 2015. Draft approval was extended for Phase 1 to November 27, 2018, and no later than November 27, 2022 for any subsequentphase 2.3 In 2016, a further amendment was approved which related to trails, pedestrian connectivity and plan implementation. The timeframe for registration of Phase 1 or subsequent phases was not changed. 2.4 On March 9, 2018 Farsight Investments submitted an application for rezoning to establish a setback from a visibility triangle on corner lots within the Draft Approved Plan of Subdivision. Subsequently, Farsight Investments together with Savannah Land Corporation submitted an application to amend draft approved plan S-C 2005-002 to incorporate a 0.64 hectare (1.16 acre) of land, outlined in red on Figure 1 into the Draft Plan. Savannah Land Corporation owns the lands on which the Bowmanville Zoo was situated. The majority of Savannah's lands are in the floodplain with the exception of 0.64 hectares adjacent to Farsight's lands. Acquiring these lands will allow relocation of a portion of the park block and stormwater management pond on these lands. This has the effect of changing their size and configuration. It also changes the road pattern in the southern portion of the plan. Farsight has also taken this opportunity to change the unit type and count in other portions of the plan resulting in a total increase of 71 units over the entire draft plan. 2.5 The redevelopment potential of the Bowmanville Zoo lands is extremely limited because of its location in the floodplain. Farsight Investments as the adjoining land owner has the best opportunity to service and develop the portion of the former Bowmanville Zoo lands not in the floodplain. Additional parkland and open space may also be available as set out in the Confidential Report from the Municipal Solicitor, LGD-005-18. Supporting Documentation 2.6 A Phase 1 Environmental Site Assessment has been submitted. 2.7 The following studies/plans have yet to be submitted: x Scoped Environmental Impact Study x Tree Preservation Plan x Updated Functional Servicing Report x Updated Traffic Impact Study x Archeological Assessment x Updated Parking Plan. 54 Municipality of Clarington Report PSD-056-18 Page 5 3. Land Characteristics and Surrounding Uses 3.1 The lands subject to Draft Approval have been graded and some trees removed in anticipation of site servicing. The 0.64 hectare parcel owned by Savannah Land Corporation, is outside of the Soper Creek floodplain and currently supports three buildings, two barns and a building that was used as an auditorium by the Bowmanville Zoo (See Figure 4.) 3.2 The surrounding uses are as follows: North - Concession Road 3 and future residential lands as part of Lamb's Road School Development (Jury Lands) South - Rural residential lots, a used car dealership, and a veterinary clinic East - Rural Residential, cultivated fields and horticultural operation West - Open Space associated with Soper Creek, various buildings related to the former Bowmanville Zoo and a trailer park kky DEVELOPMENT PROPOSAL _� _ - mSlhr nvestmenu imned& - ..- - -- - Savonnnli l.na[oeyeralon Ske bplkrt:Norr,�a[orn.+r oepmbr Ruaa,nonn Off)urhon1 - a$hwarlana seorh at [onipsson Read 3,9uwmamnile —_� ' Re°Posal. X516- — 1.�ul ra nnk ppmo..s ! 4,' •1 a pxnm.e¢ wu W¢'`n>oesa6¢ •` r D , E r Figure 2: Farsight lands looking west with barns in the background 55 Municipality of Clarington Report PSD-056-18 Page 6 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 subject lands are within the defined Built Boundary. Population and employment growth will be accommodated by directing a significant portion of new growth to the built up areas through intensification and efficient use of existing services and infrastructure. The development of complete communities is encouraged by promoting a diverse mixof land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit-supportive and pedestrian-friendly developments will be concentrated along existing and future transit routes. The Growth Plan establishes minimum targets for residential development occurring annuallywithin each upper tier municipality to be within the built up area.The subject applications are consistent with the 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 and Environmental Protection. 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 lands associated with the Soper Creek valleylands and the 0.64 hectares being added into the draft plan are designated Environmental Protection. The The Natural Environment policies require a minimum 15 metres setback from natural heritage features including watercourses and valleyland. The 0.64 hectares are outside of the Soper Creek floodplain, contain multiple buildings and do not have any significant natural heritage features. These lands are interpreted to be designated urban residential. A scoped Environmental Impact Study (EIS) is required for the lands being 56 Municipality of Clarington Report PSD-056-18 Page 7 added to the draft plan to determine the development limits, and define the limits of the park and stormwater management pond locations. 5.3 The lands adjacent to Lambs Road and Concession Street are identified as a Local Corridor which are to have a variety of medium density development. A medium density block is located at the north and south ends of the draft plan of subdivision. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands as Environmental Protection (EP), and various other urban residential zones for single detached dwellings, street townhouses and block townhouses. An application for rezoning has been submitted. 7. Public Notice and Submissions 7.1 One resident residing on Barley Mill Crescent expressed concern with the increased traffic and speed on Mearns Avenue, Concession Road 3, King Street and Liberty Street. 7.2 One resident residing on Barley Mill Crescent requested that the fencing between the Barley Mill Park, owned by the Municipality and the former Bowmanville Zoo lands be removed so that people could have access to Soper Creek. 7.3 One resident residing on Lambs Road is concerned with dust and the impact of the development on his horticultural operation. 7.4 One resident on Soper Creek Drive is concerned with the reduced size of the park, pedestrian connectivity through the park and valleylands. 8. Agency Comments 8.1 The Regional Municipality of Durham, Central Lake Ontario Conservation Authority, the two school boards and utilities were circulated however has not provided any comments as the time of writing this report. 8.2 Enbridge Gas has offered no objection. 9. Departmental Comments Engineering Services 9.1 The Engineering Services requires the submission of the updated Functional Servicing Report, updated Traffic Impact Study and the revised On-street parking plan to fully assess the proposed amendment to Draft Approval and rezoning. 57 Municipality of Clarington Report PSD-056-18 Page 8 Emergency and Fire Services 9.2 Emergency and Fire Services have offered no objection to the proposed amendment to draft approval and rezoning. 10. Discussion 10.1 Farsight filed an Official Plan Amendment, draft plan of subdivision and rezoning in 2005. The draft plan went through various changes before finally receiving draft approval in 2010. At the time, the owner of the Bowmanville Zoo, raised various concerns regarding the proximity of proposed residential uses adjacent to the zoo lands, mainly for safety reasons. The stormwater management pond and park were configured in such a way so as to provide a buffer between the new residential dwellings and the zoo lands. A 3.0 metre wide strip of land was to be transferred to the zoo as an extra buffer. The conditions of draft approval required that Farsight install 3 metre high, non-gated and non-scalable fencing with razor wire parallel to the shared property line between the zoo and stormwater management pond. Additional plantings were also required to deter access. See Figure 3. Now that the zoo is no longer operational and additional developable lands are available, Farsight proposes to move the park and stormwater management pond westerly which changes their size and configuration. See Figure 4. Limits of Draft Approved :; - Plan SC 7005-002 Ab i 3 Wire Fene Strip r SWM Pond Lands 6wned By F'ark Savannah � I and Corp t J 1(in ' rownnouse - 9$GeQt ZBA 2018-0009 91nrk _ fast -_a�r� 5C 2005'002 kelt 1 Figure 3: Park and Stormwater Management Pond approved in 2010 58 Municipality of Clarington Report PSD-056-18 Page 9 Parkland and Open Space 10.2 Parkland dedication is calculated at 5% of the land area within any draft plan or 1 hectare per 300 units. In 2010, parkland was calculated at 5%; 2.302 hectares. The draft approved plan totalled 2.67 hectares of parkland, which included a 0.14 hectare parkette situated in the north portion of the subdivision and the 2.53 hectares in the south portion adjacent to the stormwater management pond, which represented an over dedication of 0.5 hectares of parkland. In the current proposal, the parkette remains the same size while the proposed newly configured park is 0.93 hectares in size, or 1.601 hectares smaller, and less than the required 2.3 hectares. To reduce part of the deficit and to improve the overall park configuration and access to the open space lands staff are requesting that an additional four lots, adjacent the park be removed. As a condition of draft approval Farsight is required to construct a full park, which would include lands outside of the boundary of this plan of subdivision. y - u Limits of Draft Approved Plan SC 2005-002 Open Space "yr Park Single Detached Dwellings I Lands F Owned By Savannah Land Corp IE SWM Pond i - 1 i 7 Street Townhouses 0.64 ha owned by Savannah Lands Corp to be added to draft approved plan SC 2005-002 .� Medlum i — Townhouse _k1n9 StrQ�r ZBA 2018-0009 Block SC 2005 002 r Figure 4: Proposed changes to the Park and Stormwater Management Pond in 2018 59 Municipality of Clarington Report PSD-056-18 Page 10 10.3 Staff are also recommending that the townhouse block adjacent to the stormwater management pond be reduced by one unit, to provide a future trail connection from the south into the subdivision. As a condition of draft approval, Farsight is also required to build the trail through the Soper Creek valley from Durham Highway 2 to Concession Street and make a trail connection to the Barley Mill Park. Staff also are continuing to review the number of street townhouses in this area of the plan of subdivision. Stormwater Management Pond 10.4 In absence of the updated Functional Servicing Report, staff cannot determine if the new stormwater management pond is sized sufficiently or includes the required minimum six metre access area around the pond. The current layout does provide a 7.5 metre setback between the south property line adjacent to the stormwater management pond block and the residential dwelling to the south owned by Savannah. Lotting Pattern and Unit Count 10.5 The majority of the changes to the draft plan take place at the south portion of the draft plan where the streets are reconfigured and more residential units are added. Farsight's proposed amended plan also adds street townhouse units replacing single detached units in the north portion of the plan which face Lambs Road. This better implements the recent Local Corridor designation. The lot sizes as well as the unit count in the two medium density blocks remains the same. The number of larger lots have been reduced despite the overall increase in the number of units. The overall lotting mix will be further reviewed by staff. See Table 1. Housing Type 2010 Draft 2018 Difference in Approved Plan Proposal Unit Count 10m single 101 111 10 12 m single 122 171 49 13.5m single 50 29 -21 7m street 29 62 33 townhouse Block Townhouses 239 239 0 Totals 541 612 71 Table 1: Change in unit count 60 Municipality of Clarington Report PSD-056-18 Page 11 11 . Conclusion The purpose of this report is to provide background information on the proposed amendment to Draft Approval and rezoning submitted by Farsight Investments Limited and Savannah Land Corporation for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. 12. Strategic Plan The recommendations of this Report conform to the Strategic Plan action to 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 C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike@clarington.net Interested parties list Bryce Jordan, GHD Robert Schickedanz, Farsight Investments Limited Alex Nagy, Savannah Land Corporation Richard Mostert Steve Dainard Nick Matesic 61 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 25, 2018 Report Number: PSD-057-18 Resolution Number: File Number: ZBA2017-0019 By-law Number: Report Subject: An Application by Bowmanville Lakebreeze East Village Ltd. (Kaitlin) to amend the R3-43 zone to permit a 341 unit townhouse development in Port Darlington Neighbourhood in Bowmanville Recommendations: 1. That Report PSD-057-18 be received; 2. That the Zoning By-law Amendment application (ZBA 2017-0019) submitted by Bowmanville Lakebreeze East Village Ltd. be approved as contained in Attachment 1 to Report PSD-057-18; 3. That notwithstanding Section 45(1.3) of the Planning Act, Council permits the submission of minor variances application to the Committee of Adjustment for relief from internal yard setbacks required by the R4-43 Zone, if necessary; 4. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-057-18 and Council's decision; and 6. That all interested parties listed in Report PSD-057-18 and any delegations be advised of Council's decision. 62 Municipality of Clarington Report PSD-057-18 Page 2 Report Overview This is a recommendation report for approval of the application by Bowmanville Lakebreeze East Village Ltd. (Kaitlin). The current development plan is for a mix of stacked, traditional and dual frontage townhouse units in a condominium development accessed by private lanes. The site plan contains a total of 341 dwelling units. The site plan provides the required resident and visitor parking. The proposed Zoning By-law amendment adds Stacked Townhouse dwellings as a permitted use and establishes unit regulations for the stack townhouse development, while amending some regulations for other townhouse units. The applicant no longer requests a reduction to the parking spaces required by the Zoning By- law. 1 . Application Details Applicant: Bowmanville Lakebreeze East Village Ltd. (Kaitlin) Proposal: A proposed rezoning to amend the R3-43 Zone to permit a townhouse (condominium) development (341 units) including a mix of stacked, dual frontage and traditional townhouse units, and to reduce parking requirements for some stacked townhouse units. Area: 7.78 hectares Location: West side of Bennett Road Roll Number: 1817 010 010 01600 and 1817 010 010 01400 Within Built Boundary: Yes 2. Background 2.1 The proposed rezoning and concurrent site plan application (SPA2017-0035) were submitted on May 16, 2017. The applications were deemed complete on January 18, 2018 and a Public Meeting was held on February 20, 2018. 2.2 The subject application pertains to Block 1 within the Port Darlington East subdivision. This block has draft approval and was pre-zoned for 424 medium density units in the form of apartments and townhouse units. The location of Block 1 in the context of the overall Port Darlington development is highlighted in red in Figure 1. 2.3 The subject lands are part of an overall development that includes two plans of subdivision in the Port Darlington Neighbourhood (See Figure 1). These 2 plans of 63 Municipality of Clarington Report PSD-057-18 Page 3 subdivision were registered on February 26, 2018. The unit breakdown for the subdivisions is provided in Table 1. Table 1: Port Darlington Draft Approved Subdivisions Unit Breakdown Density Port Darlington West Port Darlington East TOTAL Lands Lands S-C-2013-0002 S-C-2002-002 Draft Approved 2012 Draft Approved 2014 High Density 0 426 426 Medium Density 0 424 424 Low Density 234 0 234 Subtotal 234 850 1,084 2.4 Construction of the plans of subdivision including onsite grading, servicing and road construction is ongoing. Building permits have been issued for the first twenty single detached dwellings on the Port Darlington West lands. 2.5 A site plan application was submitted concurrently with the rezoning for Block 1 being the medium density block in the Port Darlington East (Figure 1). Figure 2 is a master block plan showing unit types, internal and external connections, and the 341 townhouse units under consideration. The plan proposes 83 units less than identified in the draft approved plan. The site plan for the subject lands proposes: x 110 — three storey townhouse units with access on private lanes with traditional rear yards. x 79 — three storey dual frontage townhouse units with parking and vehicular access from the private lane and front doors facing Port Darlington Road. x 152 —four storey stacked townhouse units. 2.6 Following the Public Meeting held on February 20, 2018, the applicant revisited the site plan to explore opportunities to accommodate additional parking within the development in order to meet the minimum Zoning By-law requirements. Kaitlin has subsequently withdrawn their request to reduce parking rates for the 1 bedroom units in the stacked townhouse blocks. The revised draft site plan satisfies the minimum zoning requirements, providing 2 spaces for each townhouse unit, and 1 visitor parking space for every 4 dwelling units in the plan. 2.7 The zoning amendment proposes to permit stacked townhouse units (shown in purple on Figure 2) and to revise some regulations for other townhouse units, such as setbacks, lot coverage, landscape open space and height. 64 Municipality of Clarington Report PSD-057-18 Page 4 2.8 The following studies were submitted in support of the application and are summarized in Section 7 of this report. x Noise Study x Parking Study x Energy Conservation and x Functional Servicing Report Sustainability Plan x Landscape Analysis peon)Jauuag h 0 CO) y W o .1 m N o C� L � Qm �O Q -- O peoZ{aoin rag t1mos J ladC v� m y EEx W Z CO, LU � m J a�o Q 4 N m c Q "� g ITIT�NT1Tp � c N o fi y N W peod 3 �� uo;Bu#1.reQ Wod V an!dQ arouS;se3 J a � Figure 1: Port Darlington Land Corporation 65 Municipality of Clarington Report PSD-057-18 Page 5 EINixaaun i91ais o.)MIG ; of 1 � 1 — ° YY as CO •�.. x W � z N UeL! 0 ; w w W d � �`�• LU a� a + L E Y f a Y a Q �- - d 0 9-20 P o vW V13M13- •R v _ i LT in C t6 dj OA m ■ C Z � ■ @ m V �"' O J q @ W QSW 7 L t:. i � jr �. � � 1 • I I 1 � � m � IN3Wd013A20 (f � 1111110 32i nin=i Figure 2: Master Block Plan for Subject Lands 66 Municipality of Clarington Report PSD-057-18 Page 6 3. Land Characteristics and Surrounding Uses 3.1 The subject lands have a rolling topography. The site has been stripped of topsoil and onsite preliminary grading and servicing works have begun (Figure 3). ���' x - _ ,-��- f- _a ..�:•:as ��g` T�, :�"•a�— ,�v$: w*� �s '" 4, '• _ ,,airs• - "�, .,...-__ ;: _ . :_. Figure 3: Photo of Subject Lands 3.2 The surrounding uses are as follows: North - CN Railway and Industrial lands South - Future waterfront park and trail; Lake Ontario East - Municipal parkland on the east side of Bennett Road West - Lands Zoned for Apartment Use (up to 8 storeys and up to 120 units per hectare) 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. Opportunities for redevelopment and intensification must be promoted. Municipalities must provide a variety of housing types and densities, and a range of housing options that are affordable to the area residents. 67 Municipality of Clarington Report PSD-057-18 Page 7 4.2 Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. 4.3 The application is consistent with the Provincial Policy Statement. Provincial Growth Plan 4.4 The Growth Plan for the Greater Golden Horseshoe was amended in May 2017 and all decisions of Council after July 1, 2017 must conform to the amended policies. 4.5 The subject lands are within the defined Built Boundary. Population and employment growth will be accommodated by directing a significant portion of new growth to the built up areas through intensification and efficient use of existing services and infrastructure. 4.6 The development of complete communities is encouraged by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit-supportive and pedestrian-friendly developments will be concentrated along existing and future transit routes. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built up area. 4.7 The application conforms to the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The subject lands are designated Living Area, and are considered to be within the Waterfront Place designation. The Lake Ontario shoreline is identified as Waterfront Area. The predominant use of lands within the Living Area designation shall be for housing purposes. 5.2 There is specific recognition of the Port Darlington area as a Waterfront Place. Waterfront Places shall be developed as focal points along the Lake Ontario waterfront having a mix of uses, integrated with the Greenlands System. Uses may include residential, commercial, marina, recreational, tourist, and cultural and community facilities. The scale of development shall be based on and reflect the characteristics of each Waterfront Place. Where appropriate Waterfront Places shall be planned to support an overall, long-term density target of at least 60 residential units per gross hectare and a floor space index of 2.0. The built form should vary, and be developed in a manner that is sensitive to the interface with the natural environment, as detailed in area municipal official plans. 5.3 As the lands are within the Built Boundary, a minimum 32 percent of all residential development occurring annually in Clarington shall be through intensification within built-up areas. 68 Municipality of Clarington Report PSD-057-18 Page 8 5.4 The subject application conforms to the Regional Official Plan. Clarington Official Plan 5.5 The Clarington Official Plan designates the lands Urban Residential and the lands are within the limits of the Waterfront Place. Waterfront Places are considered to be a Priority Intensification Area, together with Corridors, Centres and Transportation Hubs. Lands within Waterfront Place must achieve a minimum net density of 40 units per hectare and a range of heights between 2 and 12 storeys. 5.6 The Official Plan contains policies for the creation of multi-unit residential developments. These policies were considered through the establishment of the Port Darlington Secondary Plan and application for Draft Approval. 5.7 The update to the Clarington Official Plan introduces an arterial road network through the Port Darlington Neighbourhood. Port Darlington Road extension and Lambs Road are considered arterial roads. 5.8 The Official Plan provides additional direction on built form, urban design and sustainability measures to be implemented through the site plan process. 5.9 Environmental Impact Studies and related environmental reports were approved at the time of previous approvals of the subdivision. The appropriate development limits adjacent to Lake Ontario and Bennett Creek were established through the Draft Approval in accordance with all applicable policies in place at the time including the Clarington Official Plan. 5.10 The subject application conforms to the Clarington Official Plan. Port Darlington Neighbourhood Secondary Plan 5.11 The Port Darlington Neighbourhood Secondary Plan provides a more detailed land use plan for this area. The lands are within a Medium Density Residential designation. The Secondary Plan has a focus on providing a high quality urban environment, with attention to heritage resources, the waterfront and recreational opportunities. The Waterfront Greenway with the Waterfront Trail and the District Park is designated along the Lake Ontario shoreline. The plan requires proponents to submit comprehensive design documents showing how the development will satisfy the urban design objectives. 5.12 The subject application conforms to the Port Darlington Neighbourhood Secondary Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands Holding - Urban Residential Zone ((H)R3- 43 Zone which permits up to 424 units in the form of link townhouse units and apartment units. 69 Municipality of Clarington Report PSD-057-18 Page 9 7. Summary of Background Studies Parking Study 7.1 The Parking study provides an analysis of parking spaces provided for residents and visitors across the site. The study reviewed rates for dwelling types in other municipalities and rates based on engineering industry standards. The study justifies the reduction in parking rates for 1 bedroom units in the stacked townhouse buildings from 2 units to 1.21 spaces per unit. Functional Servicing and Stormwater Management Report 7.2 The report submitted reflects the overall plan for servicing and stormwater management within the limits of the two plans of subdivision. Sanitary and water services are available to service the site. Sanitary flows from the development will enter the system via an existing sanitary sewer that crosses the hydro lands and leads to the Port Darlington Water Pollution Control Plant to the west. Water services will be extended via East Beach Road and also be looped to connect to watermains on Lambs Road and along Bennett Road. 7.3 Stormwater management for the neighbourhood will be directed to one of 2 stormwater management ponds. The subject lands will drain to the pond constructed just west of Lambs Road (Pond B). Both ponds will be constructed to address stormwater quality, erosion and quantity controls. Landscape Analysis 7.4 This analysis provides a detailed site context relative to Bennett Creek to the west, Lake Ontario to the south and Bennett Road to the east. A high point bisects the lands, with lands sloping more steeply to the west towards Bennett Creek (5 to 7% slope), while lands slope more gently to the east (2.5 to 3% slope). 7.5 The proposed development generally maintains the existing drainage pattern in order to use gravity to handle stormwater. There is a cut proposed through the crest of the hill to a maximum of approximately 4.5 metres. This will accommodate additional overland flow drainage to Bennett Creek, and minimize the size and depth of the minor storm sewer and sanitary sewer systems conveying drainage through the crest of the hill. Noise Study 7.6 The noise study assessed impacts from rail noise on the proposed dwelling units. Acoustic barriers are required adjacent to the CN Railway. This will take the form of earthen berms and/or noise attenuation fencing depending on final grades of the lands. Central air conditioning will be a requirement for units proximate to the railway while some units will only require the ducting to accommodate air conditioning should owners desire to install it at a later date. 70 Municipality of Clarington Report PSD-057-18 Page 10 7.7 The study acknowledges that building construction materials and glazing must be built to a standard to mitigate noise within the building. This will be further refined during the site plan approval and the detailed design stage of the building. 7.8 Warning clauses will be required in agreements of purchase and sale to advise future residents of noise generated by the railway and noise attenuation measures that are in place. 7.9 The potential for vibration impacts was investigated, and no mitigation will be required for vibration. Energy Conservation and Sustainability Plan 7.10 This plan provides a high level overview of conservation and sustainability measures to be implemented in the development, including supporting electric vehicle use, improved air and water quality, and the reduction of energy and water consumption 8. Public Notice and Submissions 8.1 A Statutory Public Meeting under the Planning Act was held on February 20, 2018. Notice of the Public Meeting was mailed on February 2, 2018, in addition to posting on the municipal website and in the Planning Services Department E-update. 8.2 Prior to the Public Meeting staff received general inquiries from area residents. No objections were received. 8.3 No members of the public attended the Public Meeting to speak in opposition to or in support of the application. 9. Agency Comments Regional Municipality of Durham 9.1 The Region of Durham does not object to the rezoning however notes that the density on the site has decreased since draft approval. The Region encourages Clarington and the applicant to discuss what this potential decrease could mean for the overall density targets in this area, and whether it conforms to the Clarington Official Plan. 9.2 The Region highlights that apartments versus stacked townhouse units would provide an even higher density and lower lands consumption. Apartments also promotes affordability and accessibility within the community. 9.3 The Region finds the development will contribute to Clarington's intensification requirements within the built boundary. 9.4 No further archaeological assessment is required and the site will have to meet the Region's requirements with respect to Environmental Site Assessments. The future development agreement will be required to implement the findings of the Noise Feasibility Study. 71 Municipality of Clarington Report PSD-057-18 Page 11 9.5 Regional Works has no objection to the rezoning from a servicing or transportation perspective. 9.6 The site plan will be required to satisfy the Region's requirement for municipal waste pickup, including appropriate set out areas for waste, blue bins and green compost containers. The private lanes must be 6.5 metres in width and have a 13 metre turning radius. 9.7 The closest transit stop is currently at South Service Road and Bennett Road which is a stop along Route 506 being a Monday to Friday service between Orono, Newcastle, Wilmot Creek and Bowmanville. The site is located outside the recommended 400 metre walking distance to transit as outlined in Durham Transit's Five Year Service strategy. 9.8 While transit stops do not exist today, Durham Region Transit has requested that the Port Darlington Road design include concrete pads for future transit stop locations. Unit purchasers should be aware that transit will loop along Port Darlington Road in the future. Central Lake Ontario Conservation Authority 9.9 The Central Lake Ontario Conservation Authority has no objection to the approval of the rezoning however there are outstanding items relating to the engineering and stormwater management to be addressed as part of the site plan application. 9.10 Other Agencies Canada Post, Enbridge and Rogers have no objections and detailed comments were forwarded to the applicant. 10. Departmental Comments Engineering Services 10.1 The Engineering Services Department has no objection to the proposed rezoning, however notes that the applicant must resolve all issues relating to the final Subdivision Approval prior to proceeding with the proposed development. 10.2 Engineering Staff have several comments relating to access design, servicing and grading on the site plan lands to be addressed in the context of the overall development scheme for the neighbourhood. Detailed technical comments will be provided to the applicant. Private entrances to the condominium townhouse block from Port Darlington Road extension will require approval and performance guarantees to the satisfaction of the Director of Engineering Services. 72 Municipality of Clarington Report PSD-057-18 Page 12 10.3 Engineering Staff has reviewed the Parking Study. While the report appears to provide sufficient justification for a reduction in parking related to the 1 bedroom stacked townhouse units, Engineering Staff proposed further discussion with other municipal departments on the potential implications of the reduction. However, as the applicant has withdrawn this request, this is no longer an issue. 10.4 Standard requirements apply with respect to site alteration, timing windows for road excavation and construction, and noise attenuation. Emergency and Fire Services 10.5 Clarington Emergency and Fire Services have no objections to the rezoning, however have provided detailed comments on the site plan with respect to fire routes and turning radii for fire trucks, requirements for no parking signage along fire routes and hydrant spacing. Building Division 10.6 The Building Division has no objections and has provided comments to be addressed in the next site plan submission. The Building Division notes that the servicing drawings require revisions to address proper placement of fire hydrants and water services in accordance with the Building Code. As the site is a private condominium development the development must also comply with guidelines provided by the Ministry of Environment. Servicing permits will be required from the Region of Durham. Operations 10.7 Operations provided detailed comments to be addressed at the site plan stage relating to snow storage, maintenance of boulevards and mud tracking. The department has no objection to the rezoning. Accessibility Committee 10.8 The Committee has provided detailed comments on the site plan application. Accessible parking spaces should be better distributed throughout the site and must be designed to meeting accessibility standards with access aisles and dropped curbs. Catch basins should not impact accessible parking spaces. 10.9 The site plan must also consider accessibility across the site including along sidewalk and trail networks. Accessible seating and rest areas should be provided. 10.10 Providing access ramps in place or in addition to stairs to the courtyard spaces will ensure the courtyards are available to everyone. 10.11 The Committee encourages low plantings to ensure sightlines are protected even in seated position. The use of pavers on paths of travel require further review and consideration to minimize barriers and trip hazards. 73 Municipality of Clarington Report PSD-057-18 Page 13 10.12 The Committee recommends 10% of units in new townhouse developments be designated as accessible housing. 11 . Discussion Density, Unit Mix and Accessibility 11.1 Conceptual site plans dating back to 2009 included apartments (3 to 4 storeys in height) on the subject lands. Sometime in late 2015/early 2016 Kaitlin revised their plans for the site to replace the apartment component and to introduce the stacked townhouse product. Despite staff's concerns about accessibility, unit mix and density, the applications were submitted in 2017 without addressing these items. 11.2 The Region of Durham Official Plan requires a minimum gross density of 60 units per hectare and a floor space index of 2.0. The Clarington Official Plan establishes a minimum net density of 40 units per hectare with a range in heights between 2 and 12 storeys. The proposed plan has a density of 44 units per net hectare. Although the block was draft approved for 424 units, the development plan technically complies with the density targets of the Official Plan. 11.3 Density is only one component of considering an appropriate unit mix. The site is completely comprised of townhouse units. All 341 units will include steps within the units, steps to access units, and steps within common courtyard areas. The site design is not considered accessible. Staff have identified the concern that the development would not accommodate residents with mobility issues, or families with strollers etc. Most, of the 341 units are sold. 11.4 The remaining lands within PDLC East subdivision are reserved for a High Density Block/Future Development (Figure 1). Apartments will be permitted and will provide at- grade accessible units and elevators. Future plans must include a balanced mid-rise mix between 4 and 8 storeys and taller buildings between 8 and 12 storeys. 11.5 Concepts for the remaining High Density blocks have included a stacked townhouse product— similar to the product on the subject lands. Staff have provided comments that would preclude additional townhouse units being developed on remaining lands held by Kaitlin for reasons of providing better unit mix and accessible units. Parking 11.6 The applicant originally requested to amend the typical parking requirements for smaller 1 bedroom units within the stacked townhouses. The zoning by-law requires 2 parking spaces for each townhouse unit regardless of size. The request for the reduction from 2 spaces per unit, down to 1.21 spaces per unit, was supported by a parking study.The stacked townhouse typical cross section is shown in Figure 4, and an elevation drawing of a typical townhouse block is provided in Figure 5. Relief was requested for the small 1 bedroom units shown in yellow. 74 Municipality of Clarington Report PSD-057-18 Page 14 11.7 Since the Public Meeting the owner has revisited the site plan. All townhouse units will have 2 resident parking spaces and visitor parking will be provided at the rate of 1 space for every 4 units in accordance with the Zoning By-law. Bmmm 2 D MIH R41X = NO51ER Ni i I •I _ KITCHEN D ICITC X ?e, _— _ 1'IR PATING I BEDROOM 2 @REH A p1HIXG F PORCH "L 1 I/p HR RAP 4._p. A R A G E WIDE = RRCXEX E,P P _-- - -- - ECRE -- – "s F AVEWGE G%QE y — Figure 4: Stacked Unit Cross-Section STACKED B-FRONT ELEVATION _ I I fi Figure 5: Stacked Townhouse Dwelling Elevation 75 Municipality of Clarington Report PSD-057-18 Page 15 Modifications to the R3-43 Zone and Unit Regulation 11.8 There are problems with the parking aspects of the site plan application which are yet to be resolved. This is not only for the stacked townhouse units, but for other forms of townhouses within the medium density block. One of the issues is with the size of the indoor parking spaces, where multiple spaces are proposed, and provide the required parking space. Staff are firm that both resident and visitor parking spaces have to be within relative proximity to the dwelling units (e.g. all the visitor parking should not be located at the north end of the site). Further some dwelling units do not have any outdoor spaces, so they are dependent on at grade parking that should be within a short walking distance. The resolution of this issue could have some impact on the units proposed and sold with reservation agreements. 11.9 The proposed revisions to the R3-43 Zone are included as Attachment 1. Stacked Townhouse units are added as a permitted use. Various regulations are proposed to be modified for setbacks, lot coverage, building height for some of the townhouse units. No amendments regarding standard resident and visitor parking rates are proposed. 11.10 Staff recommends a Zoning By-law amendment that establishes appropriate unit regulations based on the latest site plan. Kaitlin has reviewed and provided their concurrence. However, as the site plan is still being finalized future minor variances may be required for some site specific yard setbacks. As a result the recommendations include permissions to apply to the Committee of Adjustment for relief from internal yard setbacks, if necessary. 11.11 Taxes owing to the Municipality of Clarington have been paid in full. 12. Concurrence Not Applicable. 13. Conclusion 13.1 In consideration of all agency, staff and public comments, it is respectfully recommended that the rezoning application to permit a multi-unit residential development in the Port Darlington Neighbourhood by Bowmanville Lakebreeze East Village Ltd. (Kaitlin) be approved. 13.2 The site plan application needs considerable refinement prior to site plan approval. Accommodating parking needs may result in the loss or relocation of some units, the loss of greenspace or possibly require underground parking. The pre-sale of the units complicates Kaitlin's options to address this issue. 14. Strategic Plan Application The recommendations of this Report conform to the Strategic Plan action to 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. 76 Municipality of Clarington Report PSD-057-18 Page 16 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott ,clarington.net ATS/CP/DJC/nl Attachments: Attachment 1 — Proposed Zoning By-law Amendment (to be forwarded separately) The following is a list of the interested parties to be notified of Council's decision: Enzo Bertucci Don Wilkinson Carol Maher-Hawken Queenie Tran Roland Roovers Deb Patrick I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0019 PDLC East\Staff Report\2.June 4 2018\PDLC East Recommendation Report.Docx 77 Clarftwa PI nnin Services Planning Se ces 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 25, 2018 Report Number: PSD-058-18 Resolution Number: File Number: ZBA 2017-0020 By-law Number: Report Subject: An application by Eiram Development Corporation to amend the Zoning By-law to permit 61 townhouses and a mixed-use building containing 8 apartments and commercial floor area at the south-west corner of Mearns Avenue and Concession Road 3, Bowmanville Recommendations: 1. That Report PSD-058-18 be received; 2. That the application to amend the Zoning By-law submitted by Eiram Development Corporation be approved and that the Zoning By-law contained in Attachment 1 to Report PSD-058-18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-058-18 and Council's decision; and 4. That all interested parties listed in Report PSD-058-18 and any delegations be advised of Council's decision. 78 Municipality of Clarington Report PSD-058-18 Page 2 Report Overview It is recommended that the Zoning By-law amendment proposed by Eiram Development Corporation to permit a mixed-use development at Mearns Avenue and Concession Road 3 in Bowmanville, be approved. The rezoning application is to facilitate the proposal that includes: • 69 residential units (61 townhouses and 8 apartment units). • 849 square metres of commercial space. Staff will continue to work with the applicant through the site plan approval process to ensure that the design of the site and buildings implement the Municipality's urban design policies. 1 . Application Details 1.1. Owner/Applicant: Eiram Development Corporation 1.2. Agent: Innovative Planning Solutions 1.3. Proposal: To permit a mixed-use development, consisting of residential and commercial uses. The proposal comprises: x 43 Townhouses x 18 back-to-back townhouses x 8 apartment units x 849 square metres of commercial space x Neighbourhood square x Private amenity areas 1.4. Area: 1.81 ha 1.5. Location: Southwest corner of Mearns Avenue and Concession Road 3, Bowmanville 1.6. Roll Number: 181702006008073 1.7. Within Built Boundary: No 2. Background 2.1 On May 24, 2017, Eiram Development Corporation submitted an application for a proposed Zoning By-law Amendment. The application was deemed complete on July 5, 2017. 79 Municipality of Clarington Report PSD-058-18 Page 3 2.2 The application was initially for 71 residential units (59 townhouses, 12 apartment units and 1,200 square metres of commercial floor area). Since that time, the applicant has revised their submission to address staff, agency and public comments. The revisions include relocating the site entrance from Concession Road 3 further east to address grading concerns and adds a second entrance from Mearns Avenue to improve site functionality and traffic circulation (Figure 1). A sidewalk connecting Champine Square to Mearns Avenue has been added at the south end of the property. The revisions reduce the number of residential units from 71 to 69 due to the smaller mixed use building footprint. 2.3 The Municipality received the following reports in support of the application: x Planning Justification Report x Traffic Impact Study x Phase One Environment Site Assessment x Noise Study x Functional Servicing Report These reports have been revised to address staff, agency and public comments. Additional details are required at the site plan application stage regarding grading and servicing, however the reports are sufficient for the purpose of this application. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is a vacant site and has a significant slope that descends to the east. 3.2 The surrounding uses are as follows: North - Wooded Valleyland north of Concession Road 3 South - Single detached dwellings East - Agricultural land on the east side of Mearns Avenue West - Single detached dwellings and a walkway connecting to Champine Square and Freeland Avenue. 80 Municipality of Clarington Report PSD-058-18 Page 4 i'(6reek Wooded Valleyland s' ..- Concession Road 3 (D c c 43 � - = 7 Q Agricultural � 7 n � (Future Residential B 38 N 35 �1143 Townhouses 13 U14 18 Back-to-Back Townhouses 44 Mixed Use Building 34 (1 st floor- 849 sq m commercial 2nd floor-8 residential units) 31 Residential 2a 30 Neighbourhood Square Amenity Area � 61 27 26 Walkway Freeland Avenue WZIBA 2017-0020 Figure 1: Revised concept plan and the surrounding area 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. New development taking place adjacent to the existing built-up areas shall be based on densities and a mix of land uses that efficiently use land, resources, infrastructure and public service facilities. 4.2 Municipalities must provide a variety of housing types and densities and a range of housing options that are affordable to the area residents. 81 Municipality of Clarington Report PSD-058-18 Page 5 4.3 Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. 4.4 Based on the criteria described above, this development is consistent with the Provincial Policy Statement. Provincial Growth Plan 4.5 The Provincial Growth Plan directs development to settlement areas. The subject site is within the designated Greenfield area. The Provincial Growth Plan promotes compact Greenfield communities to reduce the rate at which land is consumed. Transit- supportive and pedestrian-friendly developments should be concentrated along existing and future transit routes. 4.6 The policies of the Growth Plan direct municipalities to establish an urban form that makes optimum use of infrastructure along corridors to support the achievement of complete communities and support public transit. Development of complete communities is encouraged by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. Population and employment growth will be accommodated where existing municipal services and infrastructure are available or will soon be available. 4.7 This development conforms to the Provincial Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The subject site is designated "Living Areas" in the Regional Official Plan. This designation is primarily for housing purposes. Limited retailing of goods and services, in appropriate locations, as components of mixed use developments may also be permitted. 5.2 Living Areas shall be developed in a compact form through higher densities and locations along arterial roads shall be developed as mixed use areas. Particular consideration is to be given for supporting and providing access to frequent public transit. Clarington Official Plan 5.3 The Clarington Official Plan designates the subject lands "Urban Residential" and "Neighbourhood Centre". The subject site is located within a Local Corridor designated along Concession Road 3 and is adjacent to the intersection of two arterial roads at the edge of the neighbourhood. 82 Municipality of Clarington Report PSD-058-18 Page 6 5.4 Housing is to be the predominant use of lands designated "Urban Residential". Other uses may be permitted that by the nature of their activity, scale, design, compatibility and location are supportive of and serve local residents. 5.5 Multi-unit residential development applications will include the following: x Multiple vehicular accesses from a public street shall generally be provided for each townhouse block and each apartment block; x Each condominium corporation block shall have direct street frontage and direct vehicular access to a public street without reliance on easements through another condominium corporation block; x In order to achieve a mixture of housing types, adjacent multi-unit residential unit types shall not replicate the same built form; x Townhouses sited on blocks shall generally not exceed 50 units and apartment blocks shall not exceed 2 buildings; and x Street townhouses shall generally not comprise more than 6 attached units. 5.6 Neighbourhood Centres serve as a focal point for a residential neighbourhood. They are to provide an appropriate range of retail and service uses to meet day to day retail and service needs of local residents. The maximum gross leasable floor space permitted in a Neighbourhood Centre is 5,000 square metres. Mixed-use development is encouraged in Neighbourhood Centres. 5.7. Local Corridors are one component of Priority Intensification Areas. 5.8 Local Corridors shall be developed to provide for: x Residential and/or mixed use developments with a wide array of uses in order to achieve higher densities, and transit oriented development; x Other uses that are complementary to the intended function of the Corridor; and, x Site design that is sensitive to the existing neighbourhood. 5.9 Local Corridors are to achieve a minimum density of 40 units per net hectare with building heights of 2-6 storeys. Corridors must create a public realm that accommodates a range of higher density residential uses, complemented by compatible retail, service and institutional uses. Corridors will be designed to support public transit and a variety of transportation modes, accommodating the pedestrian as a first priority. 5.10 Commercial development within Local Corridors shall be a minimum height of two storeys. Within the Local Corridor, stores shall not exceed 300 square metres. 5.11 Development within Neighbourhood Centres and Local Corridors will have buildings sited near the street with direct access to the street. Density and built form within local corridors will be sensitive to existing local character and will be scaled to create compatible, attractive and functional places with a distinctive community image. 83 Municipality of Clarington Report PSD-058-18 Page 7 5.12 Neighbourhood Centres are "gathering places" and shall incorporate public squares wherever possible. Public squares are for public use and will be designed as a high quality and interactive urban environment. Amenities such as landscaped areas, benches, refuse containers, public art and other elements that enhance the social and physical environment are required. Public squares shall be constructed either as a public parklet or as part of a commercial development with the right of public access to the square secured by appropriate means. 5.13 The proposal, which includes a mixture of housing forms, commercial space and a public square, is consistent with the "Urban Residential" and "Neighbourhood Centre" policies of the Clarington Official Plan. The proposed development provides a total density of 38.5 residential units per hectare and contributes toward achieving minimum density of 40 units per net hectare the targets for Local Corridors. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A). The applicant is seeking an amendment to the Zoning By-law to accommodate the proposed mixed use development, which will implement the Clarington Official Plan. 7. Summary of Background Studies The studies submitted in support of the application have been updated since the original submission. Planning Justification Report 7.1 The applicant provided a revised Justification Report in April, 2018 with an overview of the development proposal. The Planning Justification Report identifies the site as being suitable for the proposed mixed use development. Some of the potential benefits identified by the applicant include: x The subject lands are located in the Bowmanville Urban Area currently designated for mixed-use development with full municipal servicing available. x The proposed development will facilitate employment growth in the community. x The proposed development includes a neighbourhood square and amenity areas. x The Planning Justification report states that the proposed development conforms to the Provincial Policy statement, Growth Plan, Durham Region Official Plan and the Municipality of Clarington Official Plan and that the proposal represents good planning. Environmental Noise Feasibility Study 7.2 The Noise Study assesses both noise from road traffic and stationary sources in accordance with Ministry of Environment and Climate Change (MOECC) guidelines. To mitigate noise impacts from transportation sources, the study recommends that unit 1 and the residential units in Building A require mandatory air conditioning. The study also 84 Municipality of Clarington Report PSD-058-18 Page 8 recommends that units 2 to 7, 27 to 35 and 39 to 56 be designed with provision for adding central air conditioning systems in the future. Various sound barrier are also required. To mitigate noise impacts from stationary sources, rooftop mechanical equipment at the commercial building will require acoustic screens or a parapet sound barrier. These mitigation requirements will be confirmed once details of tenant operations and mechanical unit selections have been established. Traffic Impact Study 7.3 The Traffic Impact Study assessed current and future traffic conditions to and from the site, and the anticipated impact on the surrounding road network as a result of the proposed residential and commercial development. The study concluded that the proposed development will not cause any operational issues and will not add significant delay or congestion to the local road network. Phase One Environmental Site Assessment (ESA) 7.4 The Phase One ESA found that a Phase Two ESA is not warranted at this time. Potentially Contaminating Activities were not identified to have occurred on this site or within the broader study area. Therefore, no Areas of Potential Environmental Concern were found. Functional Servicing Report 7.5 The Functional Servicing Report identifies existing municipal services in the vicinity of the subject property. Watermains will need to be extended along Mearns Avenue and Concession Road 3 frontages to complete the circuit. Sanitary sewer services are proposed to be extended along the Mearns Avenue frontage only. Storm drainage will be provided by connecting into an existing storm sewer located at the south end of the subject property. The report concludes that no major difficulties are anticipated with grading however the detailed grading design has not yet been prepared and is proposed to be submitted at the site plan application stage. 8. Public Submissions 8.1 Three residents contacted Staff raising concerns and/or objections to the application as follows: x Traffic congestion generated by new residential traffic without appropriate widening of roads. x Concerns with the wait time to reach Highway 401 due to an increase in residential development. x Concerns with the proposed back to back townhouse units. x Concerns with the location/design of the amenity area. x The residential use where commercial development was anticipated. These concerns will be discussed in Section 11. 85 Municipality of Clarington Report PSD-058-18 Page 9 8.2 Following the preparation of the Public Meeting report (PSD-065-17) staff received three inquiries from the public regarding the application. These inquires sought more information about the proposed mixed—use development and offered no comments or concerns. 9. Agency Comments Regional Municipality of Durham 9.1 Durham Planning agrees that the proposed uses are consistent with Provincial planning policies and conform to the Region of Durham Official Plan. 9.2 The Region requires that the Noise Study be updated to reflect the revised site plan. The updated study should include an additional table showing mitigated sounds levels for traffic noise. 9.3 The Region has reviewed a Phase 1 Environmental Site Assessment (ESA). The study concluded that a Phase 2 ESA is not required. The Region requires that the applicant submit a Certificate of Insurance in addition to the Reliance Letter by WSI Canada Inc. 9.4 The Regional Works Department has submitted comments on the requirements to service the site. Services are available in close proximity to the site but must be extended to the site. 9.5 The nearest bus stop is located on Freeland Avenue, west of Mearns Avenue and within the 400 metres of the site, which is consistent with the guiding principles of the Durham Region Transit Five Years Strategy. Conservation Authority 9.6 The Conservation Authority does not object to the Zoning By-law Amendment application. Comments related to capacity of the receiving storm water management facility, plus design measures on site to achieve the required volumes, water quality and quantity and erosion control will need to be addressed through the detailed design process. Other Agencies 9.7 Veridian and Enbridge have no objections. 10. Departmental Comments Engineering Services 10.1 The Engineering Department has no objection in principle to the proposed zoning amendment and offers the following comments: x The Traffic Impact Study has been revised for the updated concept plan and is satisfactory. 86 Municipality of Clarington Report PSD-058-18 Page 10 x The Functional Servicing Report has been reviewed and Staff are generally in agreement with the findings and recommendations. x Staff have reviewed the preliminary grading plan for this development, specifically the northwest corner of the site. The preliminary grading is satisfactory as submitted. x Review of the detailed design for the development will occur through the site plan approval process. Emergency and Fire Services 10.2 The Emergency and Fire Services Department have no objection to this application. Operations 10.3 The Operations Department have no objection to the proposed zoning change and have provided comments that can be implemented at the site plan approval stage. Building Division 10.4 The Building Division has no objections to this application. 11 . Discussion Neighbourhood Centre — Commercial Uses and Neighbourhood Square 11.1 The subject site is a remnant parcel from the Eiram subdivision developed in the late 1980's and early 1990's to the west and south of the site. It is an area of transition from the existing residential neighbourhood to future residential development that will occur to the north and east. In a Local Corridor designation, the maximum permitted commercial unit floor area is 300 m2. The revised concept plan includes 849 m2 of commercial space, which means a minimum of three commercial units. The proposed mixed use building is adjacent to a 307 m2 neighbourhood square located at the northeast corner of the site near the intersection of Mearns Avenue and Concession Road 3. Staff will work with the applicant to ensure that the design of the commercial units provide large windows and direct entrances from the sidewalk facing the neighbourhood square. Local Corridor 11.2 Concession Road 3 is an evolving Local Corridor designated in the Clarington Official Plan. A number of medium density residential and commercial uses are found or will be developed to the west on Concession Road 3. The subject site provides an anchor to the eastern end of the corridor. Existing transit service is located along Freeland Avenue but this is anticipated to relocate northerly to Concession Road 3 as residential development proceeds in the north end of Bowmanville. The proposed overall density of 38.5 residential units per hectare contributes to achieving the minimum density of 40 units per net hectare Local Corridor target in the Clarington Official Plan. 87 Municipality of Clarington Report PSD-058-18 Page 11 Entrance Location 11.3 The site plan concept provided with the initial submission showed two entrances to the site. One entrance from Concession Road 3 near the northwest corner of the site and one from Mearns Avenue centrally located along that frontage. The revised concept plan provides a centralized entrance along Concession Road 3 away from the northwest corner where the existing grade is most challenging. Policies of the Official Plan require each residential condominium block to have direct vehicular access to a public street avoiding reliance on lands outside of the condo corporation's control for site access. This is not to say that there cannot also be shared accesses. The revised concept plan provides an additional entrance along Mearns Avenue near the south end of the site for accesses to the townhouses exclusively. Pedestrian Connectivity 11.4 The revised concept plan provides pedestrian connections throughout the site. A walkway along the south end of the site would connect to the existing pathway that leads to Champine Square and Freeland Avenue. A walkway would be provided along the building face adjacent to the neighbourhood square that connects with the sidewalks on Concession Road 3 and Mearns Avenue. The network of on-site sidewalks would be well connected both internally and externally. Amenity Areas 11.5 The revised plan includes a total of 1,099 m2 of amenity areas. The main amenity area (447 ml) has been relocated to be central to the property and will serve as a focal point of the development when entering from the northern driveway off of Mearns Avenue. 11.6 Two additional amenity areas (652 m2) are planned along the walkway at the south end of the property, which connects Champine Square to Mearns Avenue. Staff will work with the applicant so that these amenity areas are designed to be usable and visually pleasing. Parking and Loading 11.7 The plan includes 69 parking spaces to meet the requirement for providing visitor parking and commercial parking. Two parking spaces are provided at each townhouse for the use of the occupant. One loading space is provided for the mixed use building. The proposed concept complies with the minimum requirements for parking and loading spaces. Placement of the Buildings and Setbacks 11.8 The townhouses along Mearns Avenue will have a minimum setback of 4 metres from that street line. The main entrances to those townhouses will face Mearns Avenue. The townhouses at the west side of the property will provide a minimum 7.5 metre setback to the westerly property line. This will provide a typical rear yard for those units and separation from the dwellings to the west on Champine Square. The mixed use building 88 Municipality of Clarington Report PSD-058-18 Page 12 will have a minimum 2 metre setbacks from Concession Road 3 and Mearns Avenue to allow for landscaping and/or a walkway. Noise and Disturbance 11.9 The land uses considered for this site are in keeping with those permitted within the Urban Residential, Neighborhood Centre and Local Corridor designations. The proposed development will implement the mitigation measure regarding transportation noise source guideline limits and rooftop mechanical equipment mitigation requirements of the Environmental Noise Feasibility Study for the proposed Mixed-use development. Public Concerns Addressed 11.10 The following sections address the public concerns listed in Section 8. Traffic Concerns 11.11 Traffic generated by the new development is not expected to be a problem. Municipal roads adjacent to the site are expected to continue operating below capacity. A concern was raised about the time required to reach a Highway 401 interchange due to increased residential development in Bowmanville. This is an ongoing concern of the Municipality particularly as to when Regional Roads are widened to accommodate increasing traffic volume. Staff are working in coordination with Regional staff to provide additional road capacity with future improvements to north-south roads. Unit Mix and Amenity Space 11.12 The proposed development would provide a mixture of housing types including townhouses and apartments. Back to back townhouses are relatively new to the Municipality but were recently approved in the MODO South development. The main amenity space has been located central to the site and adjacent to the back to back units where it will serve the needs of the townhouse residents and away from the surrounding residents. Residential Use where Commercial Development was anticipated 11.13 Since 1996 the Official Plan has designated the site to allow commercial uses and medium density residential uses. The commercial space was limited to a maximum of 1,000 square metres. The proposal is for 849 square metres. There are a greater number of residential units than originally contemplated but this is within the range of potential development that is permitted. 11.14 Staff have reviewed all public comments and have addressed them to the extent possible. The concerns of the public will continue to be taken into account during the site plan approval process. 89 Municipality of Clarington Report PSD-058-18 Page 13 12. Concurrence Not Applicable. 13. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application to permit the construction of the mixed-use development be approved. 14. Strategic Plan Application The recommendations of this Report conform to the Strategic Plan action to 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. It also supports the Strategic Plan objective to provide for walkable mixed-used neighbourhoods. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services CAO Staff Contact: Ruth Porras, Senior Planner/Urban Designer ext. 2412 or rporras(a)-clarington.net, Mitch Morawetz, Planner, ext. 2411 or mmorawetz(o)_clarington.net. RP/MM/COS/nl $ W W D F K P H Q W V $ W W D F K P H Q W = R Q L Q J % \ O D Z $ P F The following is a list of the interested parties to be notified of Council's decision: Jeff Piotrowski Cheryl Cain Stephen Naylor Andrew McLeod Jason Taylor Karen Blackstock 90 Attachment 1 to Report PSD-058-18 Corporation of the Municipality of Clarington By-law Number 2018- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2017-0020; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is hereby amended by adding thereto, the following new Special Exception Zone 14.6.56 as follows: "14.6.56 Urban Residential Exception (R3-56) Zone Notwithstanding the provisions of Section 3.16 d., 14.1 and 14.4, those lands zoned "R3-56" on the Schedules to this By-law shall be subject to the following zone provisions: a. Residential Uses i) Link townhouse dwelling; and ii) Dwelling units as part of a building containing a permitted non- residential use(s) b. Non-Residential Uses i) Commercial School; ii) Eating Establishment, Dine-in; iii) Financial Office; iv) Veterinarian Clinic; and v) All non-residential uses permitted in 17.1 b. 91 C. Density i) minimum 35 units per net hectare ii) maximum 40 units per net hectare d. Lot coverage (maximum) 50 percent e. Landscaped Open Space (minimum) 30 percent i) A Landscaped Open Space area of at least 300 square metres is required as a neighbourhood square, which must abut a Street Line and a non-residential or mixed-use building. f. Private Street Width (minimum) 6.5 metres g. Outdoor Amenity Space (minimum) 12 square metres per unit h. Building Height (maximum) 12 metres i. Number of Storeys (minimum) 2 storeys j. Regulations for Townhouse Dwellings i) Front Yard setback (minimum) 3 metres ii) Exterior Side Yard setback (minimum) 4 metres iii) Interior Side Yard setback (minimum) 7.5 metres iv) Rear Yard setback (minimum) 9 metres v) For the purpose of establishing regulations for each Townhouse Dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a) Where a Townhouse Dwelling lot is a through lot with frontage on both a Public Street and a Private Street, the lot line along the Public Street shall be deemed the Front or Exterior Side Lot Line. b) Lot area (minimum) 110 square metres c) Lot frontage on a Public or Private Street (minimum) 6 metres 92 d) Yard Requirements (minimum) (i) Front or Exterior Side Yard adjacent to a Private Street (a) Garage 6 metres (b) Dwelling 4 metres (c) Porch 2 metres (ii) Rear Yard 7.5 metres 4 metres where adjacent to a Private Street Nil where a building has a common wall with any building on an adjacent lot in the same zone (iii) Side Yard 1.5 metres Nil where a building has a common wall with any building on an adjacent lot in the same zone k. Regulations for non-residential or mixed-use buildings i) Yard Requirements (minimum) a) Front Yard (i) Minimum 2 metres (ii) Maximum 4 metres b) Exterior Side Yard (i) Minimum 2 metres (ii) Maximum 12 metres C) Interior Side Yard 7.5 metres d) Rear Yard 7.5 metres ii) Floor Area (minimum) 1,600 square metres iii) Total Floor Area of each unit (maximum) 300 square metres iv) At least one entrance for each business shall be located in Street Fagade. 93 3. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Urban Residential Exception (R3-56) Zone" as illustrated on the attached Schedule `A' hereto. 4. Schedule `A' attached hereto shall form part of this By-law. 5. 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 94 This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. CONCESSION RD 3 CONCESSION RD 3 CHM4,4 71 92 68 Z 67 94 66 M 65 96 64 fA 63 98 62 A 61 1n C2 5R a 59 104 5 ;a 57 Z 54 m 55 IW [108 5253 Q 50 51 112 49 tA 114 46 475 OG a 3 LU _ 7 � N N NrC7Cuj � �i9 M Q (D O N O N Q c 0 0 O O Q r r r r r r Q Q Q T Q r r r r r r r r r FREELAND AVENUE 933 07 1 C'7 LO ti Q r co u-) r1_ Q O O Q r r r r r r r r r r 9 4 3 30 6 5 Zoning Change From "A"To "R3-56" w. T s Bowmanville • ZBA 2017-0020 • Schedule 3 Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk 95 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 25, 2018 Report Number: PSD-060-18 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-060-18 be received; 2. That the application to amend the Zoning By-law submitted by IBIS Foods Inc. be approved and that the Zoning By-law contained in Attachment 1 to Report PSD-060-18 be passed; 3. That should a minor variance application be required for the CP REIT Ontario Properties Limited lands at 2375 Highway 2 during the two-year time-out period as referenced in Section 2.4, no further Council resolution is required; 4. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-060- 18 and Council's decision; and 5. That all interested parties listed in Report PSD-060-18 and any delegations be advised of Council's decision. 96 Municipality of Clarington Report PSD-060-18 Page 2 Report Overview This report recommends the approval of a drive-through accessory to a Tim Hortons restaurant at the northeast corner of Green Road and Prince William Boulevard. Staff have reviewed and addressed comments made by Committee members at the Public Meeting on June 4, 2018 for the proposed drive-through accessory to a permitted Tim Hortons restaurant. 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 restaurant. 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. Studies submitted with the application include a Planning Rational Report and a Traffic Brief. Additional plans and studies will be submitted as part of the site plan application. The rezoning application was deemed complete on May 8, 2018. 2.2 In July, 2010, Council passed a by-law to allow 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 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 for. The formerly approved location on Aspen Springs Drive would have been open by now had the site owner allowed construction to proceed. 97 Municipality of Clarington Report PSD-060-18 Page 3 2.3 The Public Meeting for the current application was held June 4, 2018. No one from the public appeared to speak in support of or against the application. Several Committee members had comments and questions about the drive through and traffic. There were additional comments and questions at the Council meeting of June 11, 2018. - I a AM _ Z 9 . .. ... �f ' � , w -- ----------- -- ----------- - -- ------ - ` ' _ a PRINCE WILLIAM BOULEVARD Figure 1: Proposed site plan 2.4 Correspondence from Zelinka Priamo Ltd on behalf of CP REIT Ontario Properties Limited and Loblaws was received by the Clerk regarding this application. It is requested that, should Council amend the C1-14 zone regulations, an associated resolution be passed stating that if a minor variance application is submitted for the CP REIT Ontario Properties Limited lands (Loblaws) during the two-year time-out period, no further Council resolution is required for the minor variance application to proceed. The C1-14 zone includes lands owned by Valiant Rental Inc. and CP REIT at Clarington Centre. The same request was made by CP REIT when Council approved an amendment to the C1-14 zone regulations in support of the application to convert the former Target store to a Lowe's store. 3. Land Characteristics and Surrounding Uses 3.1 The surrounding uses are as follows: North Clarington Centre — a variety of commercial uses including Loblaws. South A proposed condominium townhouse development not yet under construction. East Clarington Centre — a variety of commercial uses including the vacant former Target store. West An existing low rise residential area. 98 Municipality of Clarington Report PSD-060-18 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 Council through an 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. 4 r F, -.► /� ICM ubject Sitelarington Centre , way � 4g• 'L k 1 IV" a4 10 10 MCDonalds Loblaws , `. G = Kelseys Q pI�I= 1 _i > Q ILIA 1 43..E LU GI. ¢ O ff Z Plaza �t m r r m ' NJ ii TD ' O � ,m y � tr► ro � � +'y }} AmonFy Plaza a V '� ►�irr --- R I Former Target p as „ , . g -=PRINCE WILLIAM BOULEVARD ZBA 2018-0013 ' k Figure 2: Clarington Centre 99 Municipality of Clarington Report PSD-060-18 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 opportunity to intensify the use of a commercial site and makes efficient use of existing public and private infrastructure. The proposal minimizes servicing costs and land consumption as the site is already developed otherwise. The Provincial Policy Statement also encourages municipalities to promote long-term economic prosperity and support opportunities for economic development. The proposal represents an economic opportunity that the site owner and franchisee are poised to seize. 4.2 The application is consistent with the Provincial Policy Statement. Provincial Growth Plan 4.3 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. 4.4 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. The land use conforms with the Clarington Official Plan policies for Urban Centres. 100 Municipality of Clarington Report PSD-060-18 Page 6 5.3 The Official Plan discourages but does not prohibit drive-throughs in Urban Centres. Where drive-throughs are allowed, the OP calls for regulations to minimize impacts on roads and the pedestrian environment, to ensure compatibility with adjacent uses and to achieve the built-form objectives of the Official Plan and the Secondary Plan. The proposed by-law in Attachment 1 to this report regulates the drive-through in conformity with the Official Plan. 5.4 Staff have undertaken a review of the proposal against the urban design policies of the Official Plan and the policies of the Bowmanville West Town Centre Secondary Plan. A more detailed urban design analysis is part of the site plan application review process. Generally, the development concept conforms with the urban design policies of the Official Plan. Secondary Plan 5.5 The Bowmanville West Town Centre Secondary Plan designates the subject lands General Commercial. A drive-through is not prohibited in the General Commercial designation. 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 is to be a place that provides for a range of opportunities for employment, including service uses such as the proposed Tim Hortons. The proposal conforms with the Bowmanville West Town Centre Secondary Plan and the development concept generally conforms with the urban design policies of the Secondary Plan. 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. Public Submissions 7.1 One resident of Bowmanville contacted Staff regarding traffic and pedestrian safety around Tim Hortons drive-through locations in general and not just this location specifically. A second resident contacted Staff regarding traffic and pedestrian safety, specifically along Green Road and Boswell Drive, and also about traffic flow and parking availability at the proposed site as it relates to the Planet Fitness gym located in the end unit of the adjacent plaza. 101 Municipality of Clarington Report PSD-060-18 Page 7 8. Agency Comments Regional Municipality of Durham 8.1 Written comments have not been received from the Region of Durham as of the writing of this report. Central Lake Ontario Conservation 8.2 The Conservation Authority has not provided comments on this application, however will be providing comments on the forthcoming site plan application. 9. Departmental Comments Engineering Services 9.1 The Engineering Service Department does not object to the rezoning. The following topics and comments will be dealt with through the site plan review process. Prior to approval of a site plan application, 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. 9.2 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 9.3 No comments on the proposed rezoning to allow a drive-through. Emergency and Fire Services 9.4 No objection to the proposed rezoning to allow a drive-through. Operations Department 9.5 No objection to the proposed rezoning to allow a drive-through. 102 Municipality of Clarington Report PSD-060-18 Page 8 10. Discussion 10.1 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 10.2 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. Included in the study is traffic from known planned development plus an assumed traffic growth rate of 1% to 3% per year for five years into the future. The study 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 acceptable 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. x The parking and loading requirements for the proposed development can be accommodated on site, without issue. 10.3 In consideration of the findings of the Traffic Impact Study, the proposed site is a good location considering ease of access from well-travelled, higher order roads and is in close proximity to a growing population. The Green Road site will be able to accommodate the volume of traffic expected to use the proposed drive-through. The peak hours of operation for the Tim Hortons are approximately 6 am to 10 am weekdays. These hours are typically off peak hours for the majority of other businesses in Clarington Centre and therefore no traffic conflict on site is anticipated. Vehicle movements to and from the proposed site using the existing entrances from Green 103 Municipality of Clarington Report PSD-060-18 Page 9 Road and Prince William Boulevard are expected to occur at an acceptable level of service. 10.4 Green Road currently sees approximately 7,000 vehicles per day and has a capacity of 10,000 vehicles per day. Monitoring is done so that road and intersection improvements can be scheduled before capacity is exceeded. A roundabout is being constructed at the intersection of Green Road, Boswell Drive and the new extension of Clarington Boulevard. Prince William Boulevard and Clarington Boulevard is now a four-way stop and will be upgraded to a signalized intersection once conditions warrant that improvement. 10.5 The applicant has been actively working with Staff to refine the site plan. The drive- through stacking lane is internal to the site, away from the public roads and the drive- through menu board and pick-up window are located at the rear of the building. Potential conflicts between vehicles parking versus using the drive-through have been minimized and pedestrians can get to the restaurant from the parking lot or street without the need to cross through the stacking lanes for the drive-through. Should the number of vehicles using the drive-through exceed the capacity of the stacking lanes, there is a significant length of drive aisle on site to the north of the stacking lanes to accommodate any overflow. The applicant will continue to refine the site and building design through the site plan approval process. 10.6 In 2014, Council approved By-law 2014-105, known as the idling by-law. This by-law prohibits vehicle idling in a variety of situations; progression of vehicles through a drive- through queue is not a contravention of the by-law. It is recognized that ordering at Tim Hortons is now more time consuming than ever with more menu offerings and customized orders. Tim Hortons is no longer just a place to get coffee and donuts. One way of minimizing the length of time it takes vehicles to get through the queue is to move the order board further back from the pick-up window. This allows more time for meal preparation before the ordering vehicle reaches the window. 10.7 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. 10.8 The applicant has made several changes to the concept plan since the original submission, based on comments from Staff. The following items are the key features of the concept plan, representing good urban design: x The building is designed to address the intersection and both street frontages. o No expansive blank walls along the streets. o Welcoming appearance with easy access. x Two storey design minimizes the building footprint and will have a strong presence on the streets. 104 Municipality of Clarington Report PSD-060-18 Page 10 x The location and siting of the building are pedestrian friendly. o Pedestrian entrances directly from the street and parking lot. o Walking distance to many existing and planned homes. x A patio will be provided to enliven the site and street edge. x High quality building and landscaping materials will be used. o Landscaping will buffer the parking areas and drive-through from the street edge. x Greatest possible separation provided between street edge and residential areas and the drive-through queuing lanes, order board and pick-up window. 10.9 Comments from the Engineering Services Department will be addressed through the future application for site plan approval. The Engineering Services Department has no objection, in principle, to the approval of this application. 11 . Concurrence Not Applicable. 12. Conclusion In consideration of all comments, it is respectfully recommended that the application to permit a drive-through, accessory to a Tim Hortons, be approved. 13. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan by facilitating the creation of jobs. 105 Municipality of Clarington Report PSD-060-18 Page 11 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Mitch Morawetz, Planner, 905-623-3379 ext. 2411 or mmorawetz(a-clarington.net Attachments: Attachment 1: Zoning By-law The list of interested parties is available in the Planning Services Department. COS/MM/nl I:\ADepartment\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2018\ZBA2018-0013 Tim Hortons Clarington Centre\Staff Report\PSD-060-18.docxl:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2018\ZBA2018-0013 Tim Hortons Clarington Centre\Staff Report\PSD-060-18.docx 106 Attachment 1 to Report PSD-060-18 Corporation of the Municipality of Clarington By-law Number 2018- being a By-law to amend Zoning By-law 84-63. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, for ZBA 2018-0013; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5.14 of the "GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE" is amended by replacing c. viii) as follows: c. viii) Eating establishment 2. Section 16.5.14 of the "GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE" is amended by adding Section e. as follows and renumbering the remaining subsections: e. Notwithstanding Section 16.5.14 c.viii), only two eating establishments with a drive-through facility are permitted on the lands zoned C1-14. 3. Section 16.5.14 e. of the "GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE" is amended by adding the following: xiii) A drive-through facility associated with an eating establishment shall: a) Have a stacking lane with a combined minimum total length of 114 metres; b) Have a stacking lane with a minimum width of 3 metres and an entrance located a minimum of 18 metres from the street line; and c) Not block any required parking spaces. xxi) A 1.5 metre wide pedestrian walkway from the required parking spaces to a public entrance of the eating establishment shall be provided without crossing the drive-through stacking lane xxii) Height of building located at the corner of Green Road and Prince William Boulevard (minimum) 2 storeys 107 xxiii) Minimum Storey Requirement Above the ground floor, each storey shall contain a floor area equal to no less than 50% of the floor area beneath it to be considered a storey." 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. By-Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 108 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 25, 2018 Report Number: PSD-061-18 Resolution: File Number: PLN 34.16.5 By-law Number: Report Subject: Heritage Designation, 26 Concession Street, Bowmanville Recommendations: 1. That Report PSD-061-18 be received; 2. That the Clerk issue a Notice of Intention to Designate 26 Concession Street West, Bowmanville, as a cultural heritage resource under Part IV of the Ontario Heritage Act pursuant to the provisions of the Ontario Heritage Act; 3. That the Notice of Intention be issued in co-ordination with the fulfillment of the conditions of the Land Division Applications LD003/2018 and LD004/2018; 4. That should no objections be received by the Municipal Clerk within 30 days of publishing the Notice of Intention, and once the severed lots are created, the Clerk will prepare the necessary designating by-law or report back to Council regarding objection(s) received; and 5. That the interested parties listed in Report PSD-061-18 and any delegations, be advised of Council's decision. 109 Municipality of Clarington Report PSD-061-18 Page 2 Report Overview This report recommends the property at 26 Concession Street West, Bowmanville for individual designation under Part IV of the Ontario Heritage Act. The house at this property is known as Dundurn and is an exceptional example of a well preserved residence that has significant physical, historical and contextual value that contributes to the rich heritage character of Bowmanville. The owners of Dundurn have submitted Land Division applications (LD2018/003 & 004) to sever two lots from the property. Designating the property is intended to ensure that Dundurn's heritage attributes are conserved and the vistas and views from the house are protected as part of the land severance. 1 . Background 1.1 26 Concession Street West, Bowmanville is a primary heritage resource in the Municipality's heritage resource inventory of cultural heritage resources. Built in 1854 on an expansive lot, Dundurn is one of Bowmanville's first brick houses and an excellent example of a country villa built in the Regency style with very well-preserved Gothic Revival details. It was built for the family of Reverend Dr. Alexander MacNab who was the first Rector in charge of the Anglican Church for Darlington Township. By 1867, it became home to local merchant and politician John Milne who was a member of the first Town Council and a friend of Sir. John A. Macdonald. MacDonald is reported to have visited Dundurn multiple times. The statement explaining the cultural value and heritage attributes is included as Schedule `A' of Attachment 1. 1.2 In January 2018, the owners applied to the Land Division Committee to sever two lots with 15.24 metres of frontage each from the front of the 1.6 acre property (see Figure 1). The application was tabled to a future meeting based upon staff comments that the owners complete a Heritage Impact Assessment (HIA) to assess the impact of the severance proposal upon the heritage attributes of Dundurn and to recommend mitigation measures for the anticipated infill development. 1.3 The owners of Dundurn, their agent, Planning staff and the Municipal Solicitor have since met and come to a consensus that the proposed severances would be appropriate contingent upon the new infill dwellings being compatibly designed with Dundurn and by ensuring that views to and from Dundurn are appropriately addressed. Should the Land Division applications be approved, it was agreed that infill dwellings would be built according to development standards outlined in the Old Bowmanville (North Ward) Heritage Guidelines. These guidelines were the result of a neighbourhood character study, which included the subject property, for a potential Heritage Conservation District in 2004 and were adopted by Council in 2006 as a resource to guide change and infill in the neighbourhood. 110 Municipality of Clarington Report PSD-061-18 Page 3 co Co. ( Cell Subject Lot Dundurn House BORLAND COURT Proposed Proposed —, Severed Lot Severed Lot I N I c� CONCESSION STREET M "1� z M M Figure 1: Dundurn at 26 Concession Street West and proposed lots 1.4 An HIA would have provided guidelines and measures to mitigate negative impacts from new development on Dundurn's heritage character. The owners are very concerned about the buildings that could occupy the newly created lots and have extensively detailed the exterior construction materials, placement of the house/garage, out buildings, fences, utility boxes, driveway placement and building form. 1.5 The owners have agreed to designate Dundurn under Part IV of the Ontario Heritage Act to protect its heritage value and as a means to ensure that the adjacent infill development from the proposed severances would be compatible with Dundurn's heritage character. Both Provincial policy and the Clarington's Official Plan provide that proposed development adjacent to a protected heritage property is evaluated and it has been demonstrated that the heritage attributes will be conserved. 111 Municipality of Clarington Report PSD-061-18 Page 4 1.6 Designation under Part IV of the Ontario Heritage Act will be included as a condition of Land Division approval. The designation by-law will be passed after the lots are created so that the designation by-law only applies to Dundurn and not on the newly created lots. Additionally, architectural control requirements for the infill dwellings will be included in the land division agreement and registered on title to the severed lots. 1.7 The Clarington Heritage Committee (CHC) evaluated Dundurn for its cultural heritage value using its building evaluation criteria. At the March 20, 2018 meeting, the CHC had recommended the property be added to the Municipal Register. At the June 19, 2018 meeting, the CHC passed resolution 18.26 recommending the designation of this property under Part IV of the Ontario Heritage Act as follows: "The Clarington Heritage Committee recommends to Council the designation of 26 Concession Street under Part IV of the Ontario Heritage Act acknowledging that the owners will proceed with land severance applications for two lots, one on either side of the property frontage and including as severance conditions architectural control of the new homes in-keeping with the infill guidelines of the Old Bowmanville (North Ward) Heritage Guidelines and the restrictive covenants requested by the owners". Akr - e• ■R Figure 2 - View of 26 Concession Street 2. Protecting Cultural Heritage Resources 2.1 In achieving its cultural heritage objectives, the tools that the Municipality has at its disposal are the Provincial Policy Statement, the Ontario Heritage Act plus the goals objectives and policies of the Official Plan. 2.2 Section 2.6.1 of the Provincial Policy Statement (PPS) states that significant built heritage resources shall be conserved. In the PPS 2014, "significant" is defined as a resource that has been determined to have cultural I1r[L2 value or interest for the important Municipality of Clarington Report PSD-061-18 Page 5 contribution it makes to our understanding of the history of a place, an event, or a people. "Conserved" is defined as the identification, protection, use and/or management of built heritage resources in a manner that ensures their cultural heritage value or interest is retained under the Ontario Heritage Act. 2.3 Section 2.6.3 of the PPS states that Planning Authorities shall not permit development on adjacent lands to protected heritage property except where the proposed development has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. 2.4 Section 4 of Growth Plan for the Greater Golden Horseshoe identifies cultural heritage sites as valuable assets that must be wisely protected and managed as part of planning for future growth. 3. Legislation Ontario Heritage Act 3.1 The Ontario Heritage Act empowers the Council of a municipality to pass a by-law designating a structure considered to be of cultural heritage significance. The Council shall consult with the heritage committee before giving notice of its intention to designate a property. 3.2 The Ontario Heritage Act outlines the process for designation. The CHC has recommended the designation, if Council concurs, the next step is publishing the Notice of Intention to Designate in the locally circulated newspaper. Only one advertisement of the Notice of Intention to Designate is required. A summary description of the heritage designation process is attached to this report (Attachment 2). 3.3 Once a property is designated the property owner is required to obtain the consent for any proposed significant alterations to the building listed in the designation by-law (Attachment 1) or for demolition of all or part of the structure. Region of Durham Official Plan 3.4 Section 2 of the Regional Municipality of Durham Official Plan sets out goals for the preservation of historic and cultural heritage, including built heritage. Further it encourages Councils of the area municipalities to utilize the Ontario Heritage Act to conserve, protect and enhance the built and cultural heritage resources. Clarington Official Plan 3.5 Section 8 of the Clarington Official Plan fully supports the heritage designation of individual properties under Part IV of the Ontario Heritage Act. 113 Municipality of Clarington Report PSD-061-18 Page 6 3.6 Policy 3.8.7 provides that development on or adjacent to a cultural heritage resource on the municipal register may be permitted where the proposed development has been evaluated through a HIA and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. 4. Public Notice 4.1 Under the Ontario Heritage Act notification is required before Council designates a property. Municipal Staff have consulted with the owners of Dundurn to ensure that the proposed severances will be in keeping with the heritage character of the property. Staff formally notified the owners of the intention to designate the property in June 2018. 5. Concurrence Not Applicable. 6. Conclusion 6.1 The Clarington Heritage Committee and Staff are in support of the designation of this property as an individual designation under Part IV of the Ontario Heritage Act. 6.2 Should no objections be received by the Municipal Clerk within 30 days of publishing the Notice of Intention to designate the property and once the severed lots are created should the Land Division applications be approved, the proposed by-law designating the property will be forwarded to Council for approval. Alternatively if an objection(s) is received the Clerk will provide a report to Council. 6.3 Upon designation the owners will be presented with a bronze plaque signifying the significance of the property to the community and the Municipality as a whole. 7. Strategic Plan Application The recommendations contained in this report conform to section 3.5 of the Strategic Plan which promotes growth in ways that will maintain and sustain our "small town" feel. 114 Municipality of Clarington Report PSD-061-18 Page 7 Submitted by: Reviewed by: David J.7Crome, MCIP, RPP Andrew C. Allison, B. Comm., LLB Director of Planning Services Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid clarington.net Attachments: Attachment 1 — Proposed By-law and statement of cultural value and heritage attributes Attachment 2 — Heritage designation process The following is a list of the interested parties to be notified of Council's decision: William and Laverne Morrison Clarington Heritage Committee c/o Dave Addington Jim Leonard, Ontario Heritage Trust FL/jp \\netapp5\group\Planning\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 34 Heritage(All Files)\PLN 34.16.5 26 Concession Street West Dundurn Castle\Staff Report\Report PSD- 061-18.docx 115 Attachment 1 to Report PSD-061-18 The Corporation of the Municipality Of Clarington By-Law No. 2018 — Being a by-law to designate the property known for municipal purposes as 26 Concession Street West, Bowmanville, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R. S. O. 1990, Chapter 0.18; Whereas the Ontario Heritage Act, R. S. O., 1990, c.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 Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes at 26 Concession Street West, Bowmanville and upon the Ontario Heritage Foundation, Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation on ; and Whereas the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this by-law; and Whereas the Clarington Heritage Committee has recommended that the property known for municipal purposes as 26 Concession Street West, Bowmanville, be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and Whereas no notice of objection to the proposed designation was served upon the Municipal Clerk within the period prescribed by the Ontario Heritage Act; Now Therefore the Council of the Corporation of The Municipality of Clarington hereby enacts as follows: 1. The property known for municipal purposes at 26 Concession Street West, Bowmanville which is more particularly described in Schedule "B" which is attached to and forms part of this by- law, is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R. S. O. 1990, c., O. 18. 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. 3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause notice of the passing of this by-law to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation. 116 By-law passed in open session this day of , 2018 C. Anne Greentree, Municipal Clerk Adrian Foster, Mayor 117 Schedule 'A' To By-law 2018- Statement of Significance and list of character defining features. Description of Property 26 Concession Street West, known as Dundurn, is a one and half storey residence located on a large lot on the north side of Concession Street West in Bowmanville. Statement of Cultural Heritage Value or Interest Dundurn's physical heritage value lies it being an excellent example of a country villa built in the Regency style with Gothic Revival details. Built in 1854 on a spacious parcel, it is one of the earliest brick houses in Bowmanville. It features an upper storey gable in the centre of the front fagade. All the windows are surmounted by wooden hood mouldings, a decorative element associated with the Gothic Revival style. The bargeboard that adorns the eaves is light and lacy in character unlike the heavier bargeboard that was used later in the century. The front door is surrounded by a rectangular transom and sidelights and there are two pairs of French doors on either side of the main entrance. A columned porte-cochere extending from the east side of the house and an open veranda similarly supported by large columns at the front of the house were early 20th century additions to the house. Dundurn's associative heritage value lies in its association with two prominent local residents, Reverend Dr. Alexander MacNab and John Milne. Dr. Alexander MacNab (1811-1891) was appointed as the first Rector in charge of the Anglican Church for Darlington Township in 1854 and had Dundurn built as his family's residence in the same year. He most likely named the house `Dundurn' after his ancestral home in Scotland. A relative Sir Allan Napier MacNab who was Prime Minister of the United Canada's from 1854 to 1856 had `Dundurn Castle' built in Hamilton. Dr. Alexander MacNab lived at Dundurn until 1867 when he sold it to local merchant and politician, John Milne (1822-1889). John Milne was a member of the first Town Council in 1858 and ran for Parliament as a Conservative in 1863 and 1867. He was a friend of Sir John A. Macdonald who is reported to have visited Dundurn several times including for a garden party on Dundurn's grounds while also having slept in the south-east bedroom. The home has been owned and well maintained by the Morrison family since the 1950's, over 60 years. Typical to the Regency style, Dundurn's contextual heritage value lies in its original siting on spacious grounds which visually underscores the stately nature of the dwelling and provides expansive views of the house from the street. 118 Description of heritage attributes Key heritage attributes that exemplify the heritage value of Dundurn as an excellent example of a Regency villa designed with Gothic Revival details include: - The front fagade roof gable - The brick fagade - The front door with its rectangular transom and sidelights - The wooden hooded mouldings above the windows - The bargeboard adorning the eaves - The columned porte-cochere - The columned front veranda - The original location in the centre of the lot 119 Schedule 'B' To By-law 2018- Legal Description: Part of Lot 11, Con 2 (Bowmanville) as in D430284 Municipality of Clarington Regional Municipality of Durham 120 1 . Desiqnation by Municipal Bvlav (Section 29 of the Ontario Heritage Act) Designation proposed l Council consults with MHC Council Decision: NO Proceed with designation? Property not designated YES Notice of Intention to Designate: 1.Served on property owner 2.Served on OHT 3.Published in newspaper YES Objections within K days? Objection referred to Notice of Hearing CRB for hearing published in newspaper NO CRB hearing and report Council Decision: Designate property? Council considers CRB Report YES NO Designating bylaw passed& Notice of Withdrawal of registered on title Intention to Designate: 1.Served on property owner 2.Served on OHT 3.Published in newspaper Notice of Designation: 1.Served on property owner 2.Served on OHT 3.Published in newspaper Property not designated Property listed on municipal and provincial registers Property listed on Canadian Register 11I � Designating Heritage Abp�ti •Appendix: Flowcharts 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 25, 2018 Report Number: PSD-062-18 Resolution: File Number: PLN 34.5.2.44, PLN 34.5.2.40, PLN 34.5.2.20 By-law Number: Report Subject: Proposed alterations to three designated heritage properties: 5161 Main Street, 2662 Concession Road 8, and 110 Wellington Street, Bowmanville. Recommendations: 1. That Report PSD-062-18 be received; 2. That permission be granted to alter the existing soffit and fascia on the dwelling at 5161 Main Street, Orono, in accordance with Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; 3. That permission be granted to replace the siding on the northeast wall of the sawmill building at 2662 Concession Road 8, Darlington, in accordance with Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; 4. That permission be granted to repair the front verandah roof and columns on the dwelling at 110 Wellington Street, Bowmanville, in accordance with Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and 5. That the Ontario Heritage Trust, the Clarington Heritage Committee, the property owners, and all interested parties listed in Report PSD-062-18 be advised of Council's decision. 122 Municipality of Clarington Report PSD-062-18 Page 2 Report Overview The owners of the designated heritage properties at 5161 Main Street, Orono; 2662 Concession Road 8, (Hayden) Darlington; and 110 Wellington Street, Bowmanville have applied for a Heritage Incentive Grant to complete work on their property. Each proposal involves the alteration of a heritage attribute that has been identified in the respective property's designation by-law. The Ontario Heritage Act requires the owner of a designated property to obtain Council approval for alterations which have the potential to affect the reasons for designation. 1 . Background 1.1 The property at 5161 Main Street, Orono is known as the Thomas Doncaster house and was built in 1899. It is Edwardian in style and notable for its front facing balcony, rear facing dormer and its Italianate features such as its carved eave brackets, double front entrance door and round top first floor window. 1.2 The property at 2662 Concession Road 8, Darlington is home to the Woodley Sawmill near Hayden. The dwelling on the property was built circa 1850 and the sawmill was moved to this site in the 1870's. The sawmill has been operated by the Woodley family ever since and it continues to be powered by water from the adjacent creek. 1.3 The property at 110 Wellington Street, Bowmanville was built circa 1870 in the Italianate style. It features red brick with contrasting buff quoins and mouldings over the arched windows on the lower storey. It features a two-storey bowed verandah with Tuscan columns, dentils and turned balusters which is unique in Bowmanville. 1.4 Each property owner has applied for a Heritage Incentive grant to assist with the costs of repairing portions of the buildings that have deteriorated over time. The owners also require the approval of a heritage permit in order to be eligible for the Heritage Incentive grant as the proposed works involved the alteration of a designated heritage attribute of each property. The Clarington Heritage Committee (CHC) have reviewed each proposal at its June 19, 2018 meeting. 2. The Ontario Heritage Act 2.1 The Ontario Heritage Act empowers a Municipality to pass a by-law designating a property to be of cultural heritage value or interest. 123 Municipality of Clarington Report PSD-062-18 Page 3 2.2 The Ontario Heritage Act stipulates that the owner of a property designated under Part IV cannot alter the property where such alteration is likely to affect the reasons for designation without the written consent of Council. Council is required to consider any application for alteration of a designated heritage property in consultation with its heritage committee. 3. Proposals 5161 Main Street, Orono 3.1 The designation by-law for this property references the wood soffits, carved and paired eave brackets and wood frieze as architectural features of heritage significance. The owners are proposing to drill venting holes in the wood soffit and install a new aluminum soffit over the wood on each side of the house. Additionally, the existing wood fascia and eavestrough will be removed and replaced. The existing brackets and frieze will be maintained. The wood soffit has deteriorated due to water damage and the fascia is sagging creating a water to foundation issue. See Attachment 1 for images. 2662 Concession Road 8, Darlington 3.2 The sawmill building is recognized in the designation by-law as having heritage significance as it has seen few changes since it was moved to the site in the 1870's. The owner is proposing to replace the original white pine siding of the northeast wall with new white pine siding. The work is required as the siding has deteriorated resulting in gaps between siding boards thus exposing the inside of the building to the elements. The frame of the mill will be unchanged. See Attachment 2 for images. 110 Wellington Street, Bowmanville 3.3 The bowed verandah with dentils on the cornicing, Tuscan columns and balustrade are recognized in the designation by-law as having heritage significance. The sheathing of the verandah roof and supporting columns are compromised, it is suspected that the beam on the upper veranda has rotted. The owner is seeking to restore the verandah roof and address any rot that has occurred to the columns. See Attachment 3 for images. 4. Staff Comments 4.1 Staff have reviewed each proposal and have consulted with the CHC to assess the expected impacts on the protected heritage features of the buildings as listed above. Each proposal involves the restoration of wood features that have experienced deterioration due to age and water damage. Staff and the CHC are of the opinion that all of the proposed works will have minimal impact on the heritage attributes of each building and will help to bring the buildings to a state of good repair. The long term conservation of the buildings will be the result of the works. 124 Municipality of Clarington Report PSD-062-18 Page 4 4.2 Council first approved the funding and criteria for Heritage Incentive Grants in 2013 in Report PSD-019-13. The grants are allocated amongst the applications received in any given year. For 2018 Council approved $6,000 in funding. The Heritage Incentive Grant Program is intended to assist properties designated under the Ontario Heritage Act (2015) Part IV and V with finance the cost of repairs and restoration of a designated heritage property. A grant will cover up to 50% of the costs of eligible work to a maximum of $2000 for exterior and $1000 for interior works. Once the heritage permits are approved Staff will be able to finalize the allocation of the heritage incentive grants amongst the properties for 2018. 5. Concurrence Not applicable. 6. Conclusion 6.1 Staff support the requests for alterations at 5161 Main Street, Orono; 2662 Concession Road 8, Darlington; and 110 Wellington Street, Bowmanville and recommend Council approval of each heritage permit application. 7. Strategic Plan Application The recommendations contained in this report conform to Section 3.5 of the Strategic Plan which promotes managing growth in ways that will maintain and sustain our "small town" feel. 125 Municipality of Clarington Report PSD-062-18 Page 5 417;kc— zc-- Submitted by: Reviewed by: David Crome, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: David Addington, Planner II, Special Projects, 905-623-3379 ext.2419 or daddington@clarington.net Attachment 1: 5161 Main Street, photos Attachment 2: 2662 Concession Road 8, photos Attachment 3: 110 Wellington Street, photos FL/jp Interested parties to be notified of Council's decision. Bradley and Yvonne Lauzon Jim Woodley Judy and Robert Hagerman Clarington Heritage Committee c/o Dave Addington Ontario Heritage Trust I:\ADepartment\LDO NEW FILING SYSTEM\PLN Files\PLN 34 Heritage(All Files)\PLN 34.5.2.40 2662 Concession Road 8,Woodley Saw Mill_Pf\Staff Report\Report PSD-062-18.Docx 126 Attachment 1 to Municipality of Clarington Report PSD-062-18 5161 Main Street, Orono OK Leg. v x: f Figure 1: Front Facade 5 Y1 i. Figure 2: Image of soffit with brackets and fascia on north elevation 127 Attachment 2 to Municipality of Clarington Report PSD-062-18 2662 Concession Road 8 � n q. i i i i, t 'r p u vM - 1 t I + Figure 1 (above) and 2: Northeast side of sawmill building 128 � f 61 ju t $ 1 « Y r ,y r Clarington Legal 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 25, 2018 Report Number: LGL-004-18 Resolution: File Number: L2030-08-45 By-law Number: Report Subject: Policy Options to Address the Pre-Construction Sale of Residential Real Estate Recommendations: 1. That Report LGL-004-18 be received for information. 130 Municipality of Clarington Page 2 Report LGL-004-18 Report Overview x This report provides various options for Council to consider in relation to consumer protection in the new housing industry. x liis report contains one set of options for Council to consider on the general topic of consumer protection for new home purchasers. x A second set of options is included to address the more specific topic of the prohibition of pre-construction sales through municipal regulation. x This report also contains a brief summary of the practices currently engaged in by Planning Services to discourage vendors from pre-mature sales practices. x Supplemental legal advice has been provided in a confidential legal memorandum circulated as a companion to this report. 1 . Background 1.1 On May 14, 2018, Council directed staff 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". 1.2 Council's direction to staff was in response to pre-sale activity by Kaitlin Corporation of its MOO Bowmanville Towns Ltd. project (the "MODO South Project"). It is undisputed that Kaitlin entered into agreements with some of its customers for the purchase of freehold townhouse units in the MODO South Project approximately two years prior to Council's first opportunity to consider approval of the necessary zoning by-law amendments. 1.3 There are two discrete issues embodied in the Council direction to staff. The first issue pertains to general options available to the Municipality to protect consumers of new homes. The second issue pertains to the legislative powers of the Municipality to prohibit the pre-construction sale of new homes in the absence of all of the required zoning approvals. 1.4 The first issue is addressed in Section 3 of this report. The second issue is addressed in Section 4 of this report and in a confidential legal memorandum circulated as a companion to this report. 2. Legal Context 2.1 Existing Provincial legislation does not dictate the precise timing of commencement of new home pre-sales. The only strict requirement appears to be that any pre- construction sale agreements that are entered into must be made expressly conditional on the attainment of all required Planning Act approvals. A pre-construction sale agreement that does not expressly include such a condition will not be legally enforceable. 131 Municipality of Clarington Page 3 Report LGL-004-18 2.2 Purchasers that enter into conditional agreements need to be aware that in the event that such approvals do not materialize, their agreements are null and void. 2.3 However, vendors of new homes have a legal responsibility not to engage in unfair business practices. In particular, vendors must not make representations that they have obtained approvals for a housing project if in fact those approvals have not yet been obtained_ 3. Options to Protect Consumers Option #1: File Complaints with Tarion & Consumer Protection Ontario 3.1 Protection from unfair business practices in the new housing market is primarily available through the Tarion new home warranty program. The Tarion Warranty Corporation was created by the Province of Ontario specifically to protect the investment of new home purchasers. In particular, the Tarion warranty provides deposit insurance up to a legislated maximum amount. It is important to note that the Tarion warranty does not include coverage for "reservation payments" and purchasers should inquire at the time of payment of a deposit or any other amount whether their funds are eligible for Tarion warranty coverage. 3.2 In addition, the Ontario Ministry of Government and Consumer Services has created a program known as "Consumer Protection Ontario" with the specific purpose of investigating and in some cases prosecuting claims of unfair business practices. 3.3 Tarion and Consumer Protection Ontario are uniquely equipped to handle complaints and issues of consumer protection in the new housing market. 3.4 If Council is concerned that a vendor of new homes has taken advantage of a vulnerable consumer population, one available option is to request that one or both of the above-mentioned organizations conduct an investigation into the sales practices of the vendor. Option #2: Awareness Campaign 3.5 A further option available to the Municipality is to create an awareness campaign to educate consumers about some of the financial risks associated with pre-construction sales agreements. 3.5 The messaging for a campaign could include warnings about the frequent use of conditions in pre-construction sales agreements that entitle the vendor to cancel the project for lack of approvals or for lack of satisfactory construction financing. 132 Municipality of Clarington Page 4 Report LGL-004-18 3.7 The messaging could also include advice to prospective purchasers about consulting a lawyer prior to paying any deposits, and about contacting Tarion about eligibility for deposit insurance. 3.8 The awareness campaign could also include the prominent display of a telephone contact at the Municipality that consumers can dial to inquire about the approval status of a particular development. 3.9 Appropriate media channels for an awareness campaign would include both print and online sources. 3.10 Corporate Communications has taken some preliminary steps to better publicize the risks involved with pre-construction sales agreements. Our staff in Corporate Communications are prepared to incorporate the direction of Council in the creation of a communications strategy. Option #3: Requirements for Advertising 3.11 Another approach to consider would be to regulate the advertising of pre-construction sales to underscore to consumers the need for municipal approvals. 3.12 For example, the Town of Whitby recently amended its Temporary Sign By-law to address the issue of pre-construction sales. The Whitby by-law now requires that any sign that advertises a development that is in the pre-approval stage must include the statement "development requires municipal planning approval" in prominent view. 3.13 If this approach is adopted in Clarington, it would be particularly useful that it apply to signage in the vicinity of new home sales offices. 3.14 Council may also wish to consider imposing a requirement for a similar warning statement to appear on brochures and other marketing materials that are distributed by vendors to their potential customers. Further consultation may be needed to work out the details of implementation. Option #4: Request Action by the Provincial Government 3.15 Council might ultimately conclude that the Province is in a better position to take the lead on issues of consumer protection in the new housing market. If it is Council's preference, it is open to the Municipality to submit a letter to the Ministry of Government and Consumer Services to request that they review the circumstances surrounding this report and implement any necessary reforms to the industry. 3.15 The City of Vaughan has recently taken this approach when it considered the impact to its residents of the cancellation of a high profile condominium high rise project within its municipal boundaries. 133 Municipality of Clarington Page 5 Report LGL-004-18 4. Options to Prohibit Pre-Construction Sales Agreements 4.1 A confidential legal memorandum has been circulated as a companion to this section of the report. The memorandum contains additional legal advice related to the options below. Option #1: By-law Prohibition 4.2 Council may want to consider whether to invoke the legislative powers contained in the Municipal Act, 2001 to enact a by-law to regulate the use of pre-construction sales agreements. 4.3 Pursuant to such a by-law, Council could seek to prohibit the use of pre-construction sales agreements until such time as the required zoning permissions have been fully approved. 4.4 Such a by-law could provide for the creation of offences and a system of fines as a penalty for infractions of the by-law. 4.5 A system of fines may establish escalating fines for a second and subsequent convictions for the same offence. 4.5 The maximum fine that may be imposed by a municipal by-law is $100,000.00. Option #2: Conditions on Development Approval 4.7 Another approach would be to prohibit the use of pre-construction sales agreements through conditions inserted into development agreements. Such development agreements are frequently entered into at the earliest stages of the approval process before the proposal for individual lot arrangement has been submitted. 4.8 The Clarington Planning Department is already following this practice and has been doing so for many years. 4.9 Currently, it is regular practice for the Municipality to insert a condition in its subdivision agreements to require that no residential units be offered for sale to the public until such time as architectural control guidelines and the exterior architectural design of each building model has been approved by the Director of Planning Services. 4.10 Planning staff also routinely caution subdivision applicants not to commence home sales until all issues affecting the number and configuration of units in the development has matured to the appropriate stage. 4.11 Despite best efforts, these conditions are sometimes overlooked or otherwise disobeyed by some applicants. 134 Municipality of Clarington Page 6 Report LGL-004-18 4.12 These and similar conditions will continue to be inserted into development agreements at the early stages in the approval process, and the scope for modified conditions is currently under consideration by staff in the Planning Services Department. 5. Concurrence This report has the concurrence of the Director of Planning Services. 6. Conclusion This report contains various options to address the concerns raised by Council about consumer protection in the new home industry. Council may want to direct staff to undertake further research or action once a preferred approach has been selected. 7. Strategic Plan Application Not applicable. T� Submitted by: Reviewed by: Robert Maciver, LL.B., MBA, CS Andrew C. Allison, B. Comm, LL.B Municipal Solicitor CAO Staff Contact: Robert Maciver, LL.B, MBA, CS, Municipal Solicitor, 905-623-3379 ext 2013 or rmaciver@clarington.net 135 Clat 0 Vington Fi Memo Planning Services Department If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: Mayor and Members of Council From: Faye Langmaid, Acting Director Date: June 22, 2018 Subject: Request from Torgan for an exemption from the two year freeze on submitting an amendment to the Clarington Official Plan File: 1817-020-120-20600 285 Baseline Road West, Bowmanville On June 8, 2018, the Torgan Group submitted a letter to Council requesting an exemption from the two year freeze on submitting amendments to the Clarington Official Plan (Official Plan), (see attachment 1). With Council's permission Torgan will prepare a concept plan and begin discussions with Staff on providing for a greater mix of land uses for their site including mid-rise and high-rise residential. The land at the southeast corner of Waverley Road and Baseline Road West have been planned for commercial development for over 30 years. The site is comprised of two properties (see Figure 1). 4246551 Canada Inc. owns the 3.75 ha property in the middle of the site that is occupied by the vacant RONA building. The second property wraps around the RONA property on three sides (west, south and east) and is owned by Bowmanville Creek Developments Inc. (an entity of The Torgan Group). It was intended that a RONA home improvement store would be the large retailer that would anchor the smaller retail and restaurant development on the rest of the site. Site Plan Approval was granted for the Torgan property by the Ontario Municipal Board in August of 2009. This approval was for 11,678 square metres (125,700 square feet) of commercial floor area. However, without an anchor tenant occupying the RONA building, no development has taken place on the Torgan property. In May 2017, SmartCentres submitted a rezoning application to accommodate a 25,360 square metre (273,000 square feet) retail outlet centre on the combined Torgan and RONA site along with a portion of the Municipal lands to the east. Unfortunately, in February 2018, SmartCentres withdrew their application citing "cost prohibitive complexities" as the reason for cancelling the project. The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 Page 2 Figure 1 Jo n Scott Avenue �, _ � vCL = Baseline Road West I RONA Torgan I �► I.� ��:y.s - .a+ .� tom, Each request for Council to grant an exception on the two year freeze on Official Plan Amendments should be considered on its own merits. The purpose of these sections of the Planning Act is to provide a timeout after a comprehensive review to ensure that there would be a greater compliance to a recently approved Official Plan and to prevent what could be viewed as an abuse of process where a landowner simply files an amendment at the end of a comprehensive review. In this case, Council could authorize Torgan to be able to file an Official Plan Amendment application because the land uses for this site were unchanged as a result of OPA 107. The updated Official Plan did not create a new vision for this site but rather maintained the land use permissions that had been in place for over 30 years. Council's decision to allow an Official Plan Amendment application to be filed is not an indication of support for any future application. If permitted, the Official Plan Amendment application, would proceed through the standard development review process including a Public Meeting. Staff recommend that Council pass the attached resolution (Attachment 1). Faye Langmaid Acting Director, Planning Services Department Attachment 1: Letter dated June 8t" from Torgan Group Attachment 2: Resolution I:\ADepartment\LDO NEW FILING SYSTEM\PL Property Location\020\18-17-020-120-20600 Torgan\MEMO_MMC_Torgan OPA Request June 25,2018.docx THE TGRGAN GROUP June 8, 2018 VIA EMAIL Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: His Worship Adrian Foster and Members of Council RE: Bowmanville Creek Developments Inc. Baseline Road West We are the owners of a 7.31 hectare parcel of land located on the south side of Baseline Road and west of Waverley Road.The lands are currently vacant and unimproved.These lands have recently been subject to a zoning by-law amendment application that would have allowed for a retail outlet centre to be developed. Unfortunately, due to several reasons, the purchaser terminated the transaction and therefore, as we all know, the outlet centre is not proceeding on these lands. Accordingly, the zoning by- law amendment application was also withdrawn. Given the circumstances, we are now considering a variety of development scenarios for the lands. During our deliberations, we felt a wider range of uses would increase the development potential and options for these lands. Accordingly, we are respectfully requesting that Council grant us permission to submit an Official Plan Amendment application to the Clarington Official Plan that would seek to provide for a greater mix of uses including (mid to high rise) residential. Should you have any questions, please do not hesitate to contact me. We look forward to continuing our positive working relationship with Clarington staff that will result in a vibrant development for these lands. Yours respectfully Ornella Richichi Chief Development Officer cc. David Crombe, Director of Planning Services Madison Centre, 4950 Yonge Street, Suite 1010, Toronto, Ontario M2N 6K1 Tel: 416-221-9348 • Fax: 416-221-6710 • e-mail: mail@forgan.com • www.torgan.com Attachment 2 MOVED BY SECONDED BY Whereas on June 19, 2017, The Regional Municipality of Durham approved Clarington Official Plan Amendment No. 107 (OPA 107); and Whereas Bowmanville Creek Developments Inc. (Torgan) wishes to amend the Clarington Official Plan to permit a mix of land uses including mid-rise and high-rise residential; and Whereas subsections 22(2.1) and 22(2.2) of the Planning Act prohibit Torgan from requesting an amendment to the Clarington Official Plan before the second anniversary of the first day that OPA 107 came into effect unless Council has declared by resolution that such a request is permitted: and Council wishes to permit Torgan to make an Official Plan Amendment Application respecting his property. NOW THEREFORE BE IT RESOLVED THAT, 1. Council hereby permits Torgan to file an application requesting that the Clarington Official Plan be amended to permit a mix of land uses including mid- rise and high-rise residential at 285 Baseline Road West. 2. By granting permission to Torgan to make an Official Plan Amendment Application, Council is in no way expressing any opinion regarding the planning merits of the application or any related application. December 18/2017 Adrian Foster Mayor Of Clairington Dear Mayor Foster, I am pleased to write this letter of recommendation for Irma Wreggitt to have a street named in her honour in Bowmanville. Irma and her family have lived in Bowmanville for over fifty years, and was a member of the Royal Canadian Air Force during the Second World War. She was an instructor teaching Morse Code to air gunners before they were sent overseas. Irma was a member of the Bowmanville LegIon Branch 178 for 23 years and also served on the Ladies Auxiliary since 1991. I had the privlage of knowing Irma and her family for a number of years. Irma was a hard worker at he Legion dedicating/volunteering her time to help others. All the people that knew her said that she was very energetic, and was there when anyone needed help. They also said that she was a warm and a thoughfui person. The Wreggitt family is very proud, knowing that Irma served in the Second World War and in the defence of Canada freedom and democracy. They would be greatfull to see a street named in her honour in the town that she lived. Sincerely Dave Collins 90 William Cowles Dr Bowmanville On L1C OE4 david258@rogers.com c.c. Ben Kelly President RCL Branch 178 Bowmanville On Hon. Erin O'Toole P.C,D.C. Member Of Parliament Durham 1 Attachment 1 to Municipality of Clarington Report PSD-057-18 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 2016-0010; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 14.6 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by deleting and replacing with a new "Urban Residential Exception (R3-43) Zone" as follows: 14.6.43 URBAN RESIDENTIAL EXCEPTION (R3-43) ZONE Notwithstanding Sections 3.1, 3.16 f., 14.1, 14.2, 14.3 and 14.4, on those lands zoned "R3-43" on the Schedules to this By-law shall be used for Link Townhouse Dwellings and/or Stacked Townhouse Dwellings subject to the following zone provisions: a. Density (minimum) 40 units per hectare b. Lot coverage (maximum) 50% C. Landscaped Open Space (minimum) 30% d. Private Street Width (minimum) 6.5 metres e. Outdoor Amenity Space (minimum) 4.0 square metres per unit f. The following setback regulations apply to each dwelling unit (minimum): i) Yard setbacks to a Public Street, Private Street or Private Sidewalk a) Garage 6 metres, where an outdoor parking space is provided, 3 metres where no outdoor parking space is provided Attachment 1 to Municipality of Clarington Report PSD-057-18 (i) Dwelling 4 metres (ii) Porch 2 metres b) Interior Side Yard Separation between Link or Stacked Townhouse Dwellings 3.0 metres, nil where a building has a common wall with any building on an adjacent lot in the same zone C) Rear Yard Separation between Link or Stacked Townhouse Dwellings 15 metres d) Rear Yard Setback for Link Townhouse Dwellings 7.5 metres, e) Exterior Side Yard Setback to a Private Street 4 metres f) Exterior Side Yard Setback to a Private Sidewalk or Parking Space 2 metres g) Building Height (maximum) (i) Unit width of 4.27 m 12.5 metres (ii) Unit width of 4.5 m 12 metres (iii) Unit width of 5.33 m 10 metres (iv) Unit width of 5.49 m 14.5 metres (v) Stacked Townhouse Dwelling 13.5 metres h) An unenclosed and uncovered deck with a minimum height of 2.5 metres may encroach in the required rear yard a maximum of 4.2 metres provided the outdoor parking space is provided at grade. i) At-grade Decks for the Link Townhouse having a minimum unit width of 5.33 metres are permitted up to a maximum area of 4 square metres. g. Parking Space i) Where one of the required parking spaces is provided indoor for a Stacked Townhouse Dwelling unit, the minimum indoor width of the parking space shall be 2.75 metres, unless adjacent to a wall in which case the parking space shall have a minimum width of 2.95 metres. ii) Each parking space may be obstructed by a fixed object, such as a structural column or pipe, provided that it does not encroach in to the parking space by more than 0.2 metres from the side of the parking space and no more than 1.0 metre from the front or rear of the parking space. h. Accessory Structures are prohibited with the exception of condominium utility buildings having a total cumulative area of 60 square metres i. The provisions of Section 3.1 g. (iv) continue to apply, except where they are in conflict with the yard requirements in this zone." 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. By-Law passed in open session this day of , 20 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk