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HomeMy WebLinkAbout2018-09-10 Special Meeting Final ciffiW4017 Special Planning and Development Committee Agenda Date: September 10, 2018 Time: 4:00 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: September 10, 2018 Time: 4:00 PM Place: Council Chambers 1 Call to Order 2 Adopt the Agenda 3 Declaration of Interest 4 Public Meetings 4.1 Public Meeting Application for a Proposed Zoning By-law Amendment Page 4 Applicant: R. W. Carr Investments Co. Report: PSD-063-18 Location: 92 Elgin Street, Bowmanville 4.2 Public Meeting Application for a Proposed Zoning By-law Amendment Page 6 Applicant: 2510267 Ontario Ltd. Report: PSD-064-18 Location: 273 Liberty Street North and Blocks 197, 198 and 199 of Plan 40M2332 4.3 Public Meeting Application for a Proposed Zoning By-law Amendment Page 8 Applicant: Terrance Tiller Report: PSD-065-18 Location: 3648 Concession Road 5, Clarke 4.4 Public Meeting Application for a Proposed Official Plan Amendment Page 10 Applicant: The Municipality of Clarington Report: PSD-066-18 Location: 1785 Cobbledick Road, Clarke Page 2 CIarifl#oII Planning and Development Committee Agenda Date: September 10, 2018 Time: 4:00 PM Place: Council Chambers 5 Planning Services Department Reports 5.1 PSD-063-18 An Application by R. W. Carr Investment Co. for two Page 12 separate single detached homes each with a 12.9 metre frontage 5.2 PSD-064-18 Applications by 2510267 Ontario Ltd. for a Zoning By-law Page 20 Amendment and Draft Plan of Subdivision for a 27 unit development on the south-east corner of Liberty Street North and Longworth Avenue, Bowmanville 5.3 PSD-065-18 Application by Terrance Tiller to amend Zoning By-law Page 42 84-63 to facilitate a surplus farm dwelling severance at 3648 Concession Road 5, Clarke. 5.4 PSD-066-18 An Official Plan Amendment Application by the Page 52 Municipality of Clarington and Zoning By-law Amendment Application by Durham Hospice — Clarington to permit a hospice on a portion of 1785 Cobbledick Road 6 Adjournment Page 3 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 7�R'R. . Carr Investment Co. submitted a Zoning By-law Amendment to permit a severance of 92 Street into two separate parcels for single detached dwellings, each with a frontage of 12.9 metres and reduced side yard setbacks. The application is Deemed Complete. ' • • 92 Elgin Street, Bowmanville The lot has an existing single detached house and detached garage. The house is proposed to be demolished. --- F- a Subject Property LU W Gt: + Existing Garage 22 ~ 20 r � Z Proposed Garage 20 12 - 16 Single Family Dwelling W SECONDrS'TREET SECOND STREET r-23 21 95N 1 7 I AOWJ�: 7 .- 94AL- '93� aIRA LU 92 W 89 r Z 0 74 4 J► LU ` t 88 83 ziL841 N : �. w ZBA Zo18-o011� gz 2 _ How to be Informed Additional information and a background study are available for review at the Planning Services Department and on our website at clarington.net/developmentproposals Questions? Please contact Bob Russell at 905-623-3379, extension 2421, or by email at brussell clarington.net How to Provide Comments Speak at the Public Meeting: Date: Monday, September 10, 2018 Time: 4:00 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 Bob Russell File Number: ZBA2018-0017 4 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, unless in the opinion of the Board or the Tribunal, there are reasonable grounds to do so. David J. Crome, MCIP, RPP Director of Planning Services IAADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2018\ZBA2018-0017 92 Elgin Street\Public Notice\Public Meeting Notice_ZBA2018-0017.docx 5 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, and for proposed Plan of Subdivision and Condominium applications. 2510267 Ontario Ltd. has submitted a rezoning application and is seeking to amend a draft plan of subdivision application to permit twenty-two condominium townhouse dwellings fronting onto Liberty Street North and Longworth Avenue and five single detached dwellings fronting onto Courvier Crescent. The applicant previously submitted applications, which were approved by Council, to permit twenty condominium townhouse dwelling units and five single detached dwellings. ' • • Address: 273 Liberty Street North and Blocks 197, 198 and 199 of Plan 40M2332 The properties are located on the south-east corner of Liberty Street North and Longworth Avenue. 41 z ; Ll� ZW� �� + ,' • Subject Lands / ' W 1 L--bNGWO- -t AVENUE ~ Proposed Townhouses IF C Proposed Townhouses - 9 Proposed Single ;o Detached r Le Is ]: �ZBA 20i TA027 � w �. SC2017�0008 20 7-0001 - 3 r � How to be • • The proposed Zoning By-law Amendment, Draft Plan of Subdivision and Condominium Applications with 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 clarin ton.net How to Provide Comments Speak at the Public Meeting: Date: Monday, September 10, 2018 Time: 4:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planning Services Department to the attention of Brandon Weiler File Numbers: ZBA2018-0016, S-C-2017-0008 and C-C-2017-0001 6 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, in the opinion of the Board or the Tribunal, there are reasonable grounds to do so. David J. Crome, MCIP, RPP Director of Planning Services BW/ah IAADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2018\ZBA2018-0016 273 Liberty Street\Public Notice\ZBA2018-0016 Public Meeting Notice.docx 7 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 Zoning By-law 84-63. Terrance Tiller proposes to amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance at 3648 Concession Road 5 in Clarke. The amendment would prohibit residential uses on the 65 hectare severed agricultural parcel to be merged with adjacent lands. The application submission has been deemed complete. ' • • Address: 3648 Concession Road 5, Clarke Part Lots 25 and 26, Concession 5, former Township of Clarke The property is located northwest corner of Concession Road 5 and Gamsby Road Subject Property Parcel to be Merged tFr Retained Lands AF- ;0 . - r m r. CONCESSION RD 51, zc_^; r AWE o�i8-oo9 , . : InformedHow to be The proposed Zoning By-law amendments together with any additional information are available for review at the Planning Services Department. Questions? Please contact Amanda Tapp 905-623-3379, extension 2420, or by email at atapp(a)-clarington.net How to Provide Comments Speak at the Public Meeting: Date: Monday, September 10, 2018 Time: 4:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planning Services Department to the attention of Brandon Weiler File Numbers: ZBA2018-0019 ts Cross Reference Files: LD2018-096 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 ❑81NV-HSDAR FC/V-❑ - 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, unless, in the opinion of the Tribunal, there are reasonable grounds to do so. 41*4t_ David J. Crome, MCIP, RPP Director of Planning Services 9 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 Clarington Official Plan and Zoning By-law. • • • The Municipality of Clarington has initiated an Official Plan Amendment to permit a Hospice on approximately 2.5 acres of land currently designated Community Park. Durham Hospice - Clarington has submitted a Zoning By-law Amendment application to rezone the approximately 2.5 acres lands to permit a 5 bed Hospice with the potential to expand to 10 beds in the future. 1785 Cobbledick Road, Clarke The property is located on the east side of Cobbledick Road, south of Regional Highway 2 and north of the 401 Highway. Subject Lands ® Area Subject to Applications S1 REGIONAL HIGHWAY 2 M 84 �%7" ,R 0 14. f � 401 HIGHWAY COPA 201',8-0001 ZBA ,2 zs Qo20- S How to be Informed The proposed amendment, 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, September 10, 2018 Time: 4:00 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: COPA2018-0001 & ZBA2018-0020 10 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, in the opinion of the Board or the Tribunal, there are reasonable grounds to do so. David J. Crome, MCIP, RPP Director of Planning Services BW/aw I:\^Department\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2018\ZBA2018-0020 Durham Hospice\Public Notice\NOTICE_ZBA2018-0020 Public Meeting_10'8'2018.docx 11 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: September 10, 2018 Report Number: PSD-063-18 Resolution Number: File Number: ZBA2018-0017 By-law Number: Report Subject: An Application by R. W. Carr Investment Co. for two separate single detached homes each with a 12.9 metre frontage Recommendations: 1. That Report PSD-063-18 be received; 2. That the proposed application for Rezoning ZBA2018-0017 continue to be processed including the preparation of a subsequent report; 3. That staff consider the public comments received in the further processing of the Zoning By-law Amendment application submitted by R.W. Carr Investment Co. to permit two single detached house properties; and 4. That all interested parties listed in Report PSD-063-18 and any delegations be advised of Council's decision. 12 Municipality of Clarington Report PSD-063-18 Page 2 Report Overview The Municipality is seeking public comments for an application by R. W. Carr Investment Co. The applicant is proposing to rezone the property 92 Elgin Street to reduce the minimum frontage to 12.9 metres and divide the property into two single detached house properties. 1 . Application Details 1.1. Owner/Applicant: R. W. Carr Investment Co. 1.2. Proposal: To permit a land division of 92 Elgin Street into two single detached house properties each with a 12.9 metre frontage — a reduction of the minimum "Urban Residential Type One (R1)" frontage necessitating rezoning to an appropriate zone. 1.3. Area: 1,001 square metres (0.247 acres) 1.4. Location: 92 Elgin Street (just south of Second Street) Bowmanville 1.5. Roll Number: 18-17-020-030-04800 1.6. Within Built Boundary: Yes 2. Background 2.1 On June 29, 2018, Ryan W. Carr submitted an application for rezoning to permit the above proposal. The required documents including plans and a planning justification report were submitted and the application was deemed complete July 13, 2018. 13 Municipality of Clarington Report PSD-063-18 Page 3 E:3 Subject Property t y. 5201 Existing Garage - # Proposed Garage ra ' 18 16 '4Mr Single Family Dwelling SECOND STREET - - - Proposed Severance 73 ,21 - � � •95 vie gq 93 92 LU 89 I R to 90 J $34� 83 r $4 Zl ° + W1 - 01 Figure 1: Key Map 3. Land Characteristics and Surrounding Uses 3.1 The property is a flat urban lot with an existing single detached house and detached garage. The house is proposed to be demolished although the garage is to be retained. On Elgin Street some larger frontage lots do exist but, lots behind (west of) the subject property, across the street (east of) the subject property, and south of the subject property all have lot frontages similar to the proposed frontages. 14 Municipality of Clarington Report PSD-063-18 Page 4 L— r Td wy_ FII Figure 2: Looking West at 92 Elgin Street 3.2 The surrounding uses are as follows: North - Urban Residential South - Urban Residential East - Elgin Street and beyond, Urban Residential West- Urban Residential 4. Provincial Policy Provincial Policy Statement 4.1 The proposed land division for the creation of one additional single detached building lot represents intensification within a settlement area utilizing existing services. The proposal conforms to the Provincial Policy Statement. Provincial Growth Plan 4.2 The creation of one additional single detached building lot is part of intensification within a settlement area and efficient use of land and existing services. The proposal conforms to the Growth Plan. 15 Municipality of Clarington Report PSD-063-18 Page 5 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject property Living Area. The policies of the Plan generally promote infill and intensification. The proposed reduction of the existing lot frontage by division into two lot frontages and subsequent creation of one additional single detached building lot conforms to the Durham Regional Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the subject property Urban Residential — Low Density. The proposed reduction of the existing lot frontage by division into two lot frontages and subsequent creation of one additional single detached building lot conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject property "Urban Residential Type One (R1)". The R1 Zone requires a minimum 15 metre frontage and 460 metre lot area for a single detached dwelling lot. 6.2 The proposed 12.9 metre frontage is a reduction of the minimum 15 metres frontage of the current "Urban Residential Type One (R1)" zone. The proposed minimum side yards of 4.0 metres and 0.8 metres also represent a reduction of the minimum 4.5 metres and 1.2 metres of the above current zone requirements. 6.3 The proposed (future severed) parcel on the north part of the property will contain a proposed detached garage, which does not comply regarding maximum floor area or maximum building height. Accommodating this design is another part of the rezoning request. The proposed (future retained) parcel on the south part of the property contains the existing detached garage, which does not comply regarding maximum floor area, maximum building height, southern interior side yard setback, and rear yard setback. Accommodating the existing, to be retained, garage is another part of the rezoning. 7. Summary of Background Studies Planning Justification Report 7.1 The report outlined the neighbourhood context and proposed development. It evaluated the proposed development in the context of the applicable provincial, regional and Clarington planning policies and regulations to provide planning justification for both the rezoning and the future land division. 16 Municipality of Clarington Report PSD-063-18 Page 6 8. Public Notice and Submissions 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site and Public Notice Signage was installed on the Elgin Street frontage by August 21, 2018. Although procedures that included minimum sign size were e-mailed to the applicant along with the sign wording the Public Notice Signage was much smaller than the specified minimum, about 0.45m instead of 1.0m from top to bottom, and about 0.6m instead of 1.5m from side to side. 8.2 One inquiry regarding the subject application was received at the time this report was written. An individual phoned asking how many households would live in the development. This inquirer followed up with an e-mail asking questions about construction timing, if two houses rather than one was definite and if this could be raised as an issue at the Public Meeting. 9. Agency Comments Regional Municipality of Durham 9.1 The Regional Planning and Economic Development Department stated the proposed zoning by-law amendment was consistent with the Regional Official Plan. A Stage 1 archaeological assessment must be submitted to the Ministry of Tourism, Culture and Sport for a Ministry clearance letter which the Region must have prior to certification of the consent to sever or land division. A completed Site Screening Questionnaire or a Record of Site Condition compliant Phase One Environmental Site Assessment and any further required studies determining potential contamination on the property must be submitted. If a Phase One ESA Report is submitted, it must be accompanied by the Region's "Reliance Letter" and "Certificate of Insurance". 9.2 The Regional Works Department noted the existing dwelling is connected to municipal sanitary and water services. The existing services can be used but at the consent to sever stage, an additional sanitary and an additional water connection will have to be acquired. The applicant may wish to arrange for storm sewer connection with Clarington at the time. Veridian Connections 9.3 Standard requirements were stated. Enbridge Gas Distribution 9.4 The owner/applicant is to verify existing gas servicing does not encroach on more than one property. 17 Municipality of Clarington Report PSD-063-18 Page 7 10. Departmental Comments Engineering Services 10.1 Engineering Services advised they have no objection to the rezoning and that at the land division stage the following requirements will apply. x ITe Owner will be required to minimize the importing and exporting of material but, should site alteration works be necessary a permit and/or a soils Management Report is required; x A 2.5 metre road widening dedicated to the Municipality is required for Elgin Street; x Appropriate notes regarding municipal road occupancy are to be placed on all site plans; x The Owner shall submit a Servicing Plan and a Lot Grading Plan satisfactory to the Director of Engineering Services; x The Owner will be required to make application for an entrance for each proposed dwelling and such dwelling must be compatible with the proposed entrance and shall be 100% responsible for all costs; x The Owner will be required to provide an appropriate cash contribution in lieu of parkland dedication; x In addition the Owner will be required to provide standard performance guarantees. Building Division 10.2 The Building Division has no comments. Operations 10.3 No comments were provided. Emergency and Fire Services 10.4 There were no fire safety concerns. 11 . Discussion 11.1 The existing house is proposed to be demolished and replaced by two new dwellings. The existing garage would be maintained and a new garage would be built at the rear of the future northerly lot. The large tree located on the northerly side of the property would removed. 18 Municipality of Clarington Report PSD-063-18 Page 8 11.2 The proposed lots or parcels have considerable depth – over 38 metres resulting in lot areas considerably larger than the required minimum lot area of the current zoning of "Urban Residential Type One (R1)". 11.3 For the one inquirer it was explained there would be two single detached lots with one dwelling each, and each dwelling could have an apartment-in-house giving a maximum total of four households. It was explained construction timing was largely unknown, and the rezoning application was for facilitating two houses instead of one in conjunction with a later land division application. 11.4 The lot contains a large silver maple tree which would be removed to allow a second house. A condition of approval could require compensation on an aggregate inch replacement basis with replacement trees planted on and off site. 12. Conclusion The purpose of this report is to provide background information on the proposal submitted by R.W. Carr Investment Co. 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. 411*c— Z, Submitted by: Reviewed by: "g, David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(a_clarington.net The following is a list of the interested parties to be notified of Council's decision: Ryan Carr, R.W. Carr Investment Co. Kaitlyn Hill BR/CP/nl/aw I:\ADepartnnent\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2018\ZBA2018-0017 92 Elgin Street\Staff Reports\PSD-063-18.Docx 19 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: September 10, 2018 Report Number: PSD-064-18 Resolution: File Number: ZBA2018-0016, C-C-2017-0001 and S-C-2017-0008 By-law Number: Report Subject: Applications by 2510267 Ontario Ltd. for a Zoning By-law Amendment and Draft Plan of Subdivision for a 27 unit development on the south-east corner of Liberty Street North and Longworth Avenue, Bowmanville Recommendations: 1. That Report PSD-064-18 be received; 2. That the revised application for Draft Plan of Subdivision S-C-2017-0008 submitted by 2510267 Ontario Ltd., to permit the development of 27 residential units, be supported subject to the conditions generally as contained in Attachment 1 to Report PSD-064-18; 3. That the application to amend Zoning By-law by 2510267 Ontario Ltd. be approved and that the By-law in Attachment 2 to Report PSD-064-18 be passed; 4. That once all the conditions contained in the Official Plan and Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) 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-064-18 and Council's decision; and 6. That all interested parties listed in Report PSD-064-18 and any delegations be advised of Council's decision. 20 Municipality of Clarington Report PSD-064-18 Page 2 Report Overview This report recommends approval of a revised Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by 2510267 Ontario Ltd. The applications would permit a 27 unit subdivision at the southwest corner of Liberty Street North and Longworth Avenue in Bowmanville. The subdivision would include 5 single detached dwellings fronting onto Courvier Crescent and a 22 unit dual frontage townhouse common elements condominium with a private lane at the southeast corner of Liberty Street North and Longworth Avenue. Council previously approved a zoning by-law and a draft plan that allowed a maximum of 20 townhouse units on May 22, 2018. 1 . Application Details 1.1 Owner/Applicant: 2510267 Ontario Ltd. 1.2 Agent: Michael Smith, Michael Smith Planning Consultants 1.3 Proposal: Revised Draft Plan of Subdivision To create five single detached dwellings fronting onto Couvier Crescent and twenty-two townhouse dwellings fronting onto Liberty Street North and Longworth Avenue with private laneway access from Longworth Avenue. Rezoning To amend the Urban Residential Exception (R3-54) zone to allow 5 metre frontage townhouse dwelling units. The amendment includes reducing the minimum lot frontage, minimum lot area and minimum landscaped open space provisions. 1.4 Area: 0.82 hectares (2 acres) 1.5 Location: Southeast corner of Liberty Street North and Longworth Avenue. 1.6 Roll Numbers: 181702006007600 181702006020006 181702006020004 181702006020008 1.7 Within Built Boundary: 273 Liberty Street is within the built boundary. Blocks 197, 198 and 199 of Plan 40M2332 are not within the built boundary. 21 Municipality of Clarington Report PSD-064-18 Page 3 2. Background 2.1 The existing subdivision surrounding the subject lands was approved in 2005. Blocks 197, 198 and 199 (see Figure 1) were created at the time the subdivision was approved. At that time 273 Liberty Street was not owned by the applicants of the subdivision and was identified as having future development potential together with the three above mentioned blocks. Originally development was envisioned to include single detached dwellings fronting onto Longworth Avenue and Courvier Crescent. Services were installed for four future dwelling lots on Courvier Crescent and seven future lots on Longworth Avenue when the subdivision was constructed. There was no plan for redevelopment of the portion of the lands fronting onto Liberty Street North. LDNGWO TH AVENUE _ + Black Blvck 797 798 z ajT 273 Liberty LU Street, orth to � T.. 1� In 4 Block 799 x B 017 7 ' r.rT _ 5.20 $ r .r C C2017 Figure 1: Subject Lands 22 Municipality of Clarington Report PSD-064-18 Page 4 2.2 On September 6, 2017 the applicant submitted applications for Draft Plan of Subdivision, Draft Plan of Condominium and a Zoning By-law Amendment. The applications were to permit the creation of 5 single detached dwelling lots on Courvier Crescent and twenty dual frontage condominium townhouses on a private lane fronting onto Liberty Street North and Longworth Avenue. 2.3 On May 22, 2018 Council approved the zoning by-law amendment and concurred with the conditions of draft approval for the plan of subdivision. Prior to the completion of the statutory appeal period the applicant submitted correspondence to staff indicating a desire to add two more townhouse dwelling units to the development. The applicants indicated that they originally planned to build 1800 to 1900 square foot townhouse units. However, a change in market conditions and mortgage rules have led the applicants to seek smaller units of approximately 1600 to 1700. The applicants believe the smaller units will be more affordable and allow the units to be marketed to more potential buyers. 2.4 The Director of Planning Services has not issued draft approval for the plan of subdivision at the applicant's request. The applicant advised staff they intended to seek Councils approval to revise the conditions to permit two additional townhouse dwelling units. While the draft conditions can be amended by Council under the current draft plan of subdivision application the zoning by-law which was passed cannot be amended under the original application. The applicants have submitted a new zoning by-law amendment application to alter the previously approved Urban Residential Exception (R3-54) Zone. 3. Land Characteristics and Surrounding Land Uses 3.1 The subject lands consist of four parcels, three blocks in Plan 40M-2332 and 273 Liberty Street North. At 273 Liberty Street North there is an existing one storey single detached dwelling and small accessory buildings. There is a former new home sales centre building located on the blocks fronting onto Longworth Avenue. The block fronting onto Courvier Crescent is currently vacant. All buildings would be demolished to accommodate the proposed development. 3.2 The existing grade of the subject lands is highest along the west and north sides of the property, adjacent to Longworth Avenue and Liberty Street North, and slopes down to the south-east adjacent to Courvier Crescent. Many of the existing dwellings on Longworth have elevated decks as the previous subdivision was developed using similar grades. The surrounding uses are as follows: North - Single Detached Dwellings South - Single Detached Dwellings East - Single Detached Dwellings West - Townhouse Dwellings on the south-east corner and a Commercial Plaza on the north-west corner 23 Municipality of Clarington Report PSD-064-18 Page 5 ' N 4- Storey Apartment Af Under Construction z - r U" •..> 111 � .r' � 'n aA i [7 LAZA jiZ UJ Tm w' - �1 Subject Lands LONGWORTH AVENUE • r 11�I Proposed Townhouses "Existing x TownhouseY ; T Block +� Proposed Townhouses r Proposed Single Detached Y Z A 20180016 Figure 2: Surrounding Land Uses 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of housing types and development patterns. Planning authorities are encouraged to promote opportunities for intensification and redevelopment in a compact form where it can be accommodated taking into account the availability of suitable existing infrastructure. 4.2 The proposal conforms to the Provincial Policy Statement. 24 Municipality of Clarington Report PSD-064-18 Page 6 Growth Plan 4.3 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Bowmanville Urban Area. Municipalities are encouraged to create complete communities including offering a mix of housing options. 4.4 The lands are partially within the built-up area and will contribute to the Municipality's target of achieving a minimum of 32% of new residential units annually within the built-up area. 4.5 The proposal conforms to the Provincial Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Regional Official Plan designates the lands as Living Areas. Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The Regional Official Plan requires that local corridors, which Liberty Street North is identified as, shall be planned and developed for a mix of uses and densities that support transit. 5.2 The proposed development conforms with the Living Area designation and the Regional Official Plan. Clarington Official Plan 5.3 The subject lands are designated Urban Residential. The Urban Residential designation is predominately intended for housing purposes. A variety of densities, tenure and housing types are encouraged in the Urban Residential designation. 5.4 Liberty Street North is a Regional Type B Arterial Road and is identified as a Local Corridor in the Official Plan. Longworth Avenue is a local Type C Arterial road. A neighbourhood Centre is designated on the north-west corner of Liberty Street and Longworth Avenue. Local corridors have a minimum density target of 40 units per hectare while internal neighbourhoods have a minimum density of 13 units per hectare. The proposal will have a density of approximately 42 units per hectare. 5.5 The intersection of Longworth Avenue and Liberty Street North is identified as being a prominent intersection. At prominent intersections buildings shall be designed to provide a community focal point by having appropriate massing, high quality building materials, building articulation on both street frontages and architectural elements specific to a corner design. 5.6 The proposed development conforms to the Clarington Official Plan. 25 Municipality of Clarington Report PSD-064-18 Page 7 6. Zoning By-law 6.1 On May 22, 2018 Council approved a zoning by-law amendment zoning the five single detached dwellings Holding - Urban Residential Exception ((H)R2-54) and the 20 townhouse dwellings Holding - Urban Residential Exception ((H)R3-54). 6.2 The R3-54 zone provisions were based on the minimum lot area, frontage and open space requirements of 20 townhouse dwellings. The applicant is proposing the following changes to the R3-54 zone to allow for an additional two townhouse dwelling units. x Reduce the interior lot area minimum from 140 square metres to 125 square metres; x Reduce the exterior lot area requirement from 203 square metres to 210 square metres; x Reduce the interior lot frontage requirements from 5.5 metres to 5.0 metres; and x Reduce the landscaped open space requirement for each dwelling lot from 20% to 18.5%. 6.3 The applicants have provided an additional visitor parking space to comply with the parking requirements of the zoning by-law. 6.4 Through the rezoning, holding symbols were placed on the subject lands in order to ensure that all the subdivision and site plan requirements are met prior to development. This will continue to be the case. 7. Public Notice and Submissions 7.1 Public notice was mailed to each landowner within 120 metres of the subject lands on August 8, 2018 and Public Meeting signs were installed fronting onto Liberty Street North, Longworth Avenue and Couvier Crescent on August 9, 2018. 7.2 Staff have not received any comments on the revised proposal at the time of finalizing this report. 7.3 A number of concerns were raised at the previous public meeting including: x Townhouses were not in keeping with the existing development along Longworth Avenue. The resident who spoke would prefer single detached which is what they were told would be developed when they purchased their home; x Noise and lighting concern from vehicles accessing the townhouses and the location of the private lane entrance onto Longworth Avenue; x Loss of property value with the introduction of townhouses in the neighbourhood; x Drainage and snow storage concerns given the existing grades of the subject lands; x Appearance and location of the lots on Courvier Drive, ensuring they are consistent with existing homes and are appropriately sited next to existing homes. 26 Municipality of Clarington Report PSD-064-18 Page 8 7.4 The applicant reached out to the residents that raised design related issues and implemented a number of changes to address the concerns including: x a 6.5m (21 ft.) landscaped area between the private lane and the property line to the east; x Landscaping and fencing will be required adjacent to neighbouring properties through the site plan approval process; x stormwater will drain towards Longworth Avenue; and x The siting of the houses on Courvier Crescent are consistent with the existing houses. 8. Agency Comments Durham Region 8.1 The Region of Durham has not provided comments on the revised concept at the time of writing this report. The Region previously provided comments which included conditions to be included in the draft approval. Central Lake Ontario Conservation Authority 8.2 The Central Lake Ontario Conservation Authority have no objections to the proposed rezoning or amendment to the draft plan of subdivision. The conditions previously identified for the draft plan of subdivision approval still apply. A number of technical issues related to stormwater management will be dealt with during the Site Plan Approval process. Other Agencies 8.3 Enbridge, Veridian, Canada Post and the Kawartha Pine Ridge District School Board indicated they had no objections to the proposed applications. Canada Post provided conditions that will need to be met through the draft conditions. 9. Departmental Comments Engineering Services Department 9.1 Engineering Services has no objections to the revised rezoning or draft approval of the subdivision subject to conditions which will be addressed through the conditions of draft approval and site plan agreements. Engineering Services is satisfied that the stormwater management for the condominium will be accommodated on the condominium lands and not impact the single detached dwellings on Courvier Crescent. Fire and Emergency Services 9.2 Fire and Emergency Services has no concerns with the proposed applications. 27 Municipality of Clarington Report PSD-064-18 Page 9 Building Division 9.3 The Building Division has no concerns with the proposed applications. Operations Department 9.4 The Operations Department has no objections to the proposed draft plan of subdivision or rezoning applications. 10. Discussion 10.1 The revised proposal conforms to the policies of the Region of Durham and Clarington Official Plans while integrating into the existing neighbourhood. The revised proposal will continue to address all three of the street frontages with a similar massing that was proposed with 20 townhouse units. 10.2 The revised proposal would add two additional townhouse units to the original proposal by reducing the size of each unit. To achieve two additional units the units have been reduced in frontage from 5.5 metres to 5.0 metres. In addition, the private lane was shifted slightly, the driveways of the units fronting onto Liberty Street North were shortened slightly. An additional visitor parking space was added to meet the zoning by- law requirements. 10.3 The previously reviewed alterations to the proposed townhouse condominium to address the concerns of the surrounding residents, described in Section 7 above, will continue to be achieved through the revised proposal. 10.4 The applicant is required to submit a site plan application for the townhouse condominium. Once the site plan has been approved staff will report to Council on the draft plan of condominium approval. 11 . Concurrence Not Applicable. 12. Conclusion In consideration of all agency and staff comments, it is respectfully recommended that the draft plan of subdivision and rezoning applications to permit five single detached dwellings and 22 townhouse condominium dwellings be approved provided there are no significant concerns raised be the public. 28 Municipality of Clarington Report PSD-064-18 Page 10 13. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan, specifically Section 3.1, walkable mixed-use neighbourhoods and 3.2, support a variety of affordable mixed use housing types. 411*c— Submitted by: Reviewed by. David Crome, MCIP, RPP Andrew Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ext. 2424 or bweiler@clarington.net Attachments: Attachment 1 - Conditions of Draft Approval Attachment 2 - Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. Paul Matusiak Sheldon Pretty Steve Wade Michelyn Rushton Leshar Shaw Frank Canonaco Marco Lamacchia Cindy Ward Kimberly McGregor I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2018\ZBA2018-0016 273 Liberty Street\Staff Report\PSD-064-18.Docx 29 Attachment 1 to Report PSD-064-18 Conditions of Draft Approval File Number: S-C-2017-0008 Issued for Review: August 15, 2018 Notice of Decision: Draft Approved: David J. Crome, MCIP, RPP Director of Planning Services Municipality of Clarington Part 1 — Plan Identification 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2017-0008 prepared by Michael Smith Planning Consultants identified as job number 1152-00, dated August 26, 2017, as revised and dated August 15, 2018, which illustrates 5 single detached dwelling lots with a minimum frontage of 11.46 metres and 1 block for 22 condominium townhouse units with a minimum lot frontage of 5.0 metres and common elements of the condominium and 1 block for road widening. The redline revisions are: 1. A 0.3 metre reserve across the total frontage of Regional Road No. 14 (Liberty Street North). 2. A 0.3 metre reserve across the total frontage, with the exception of the approved entrance to the private lane, of Longworth Avenue. Part 2 — General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application- forms/subdivision-agreement.pdf 2.2 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. 30 Architectural Control 2.3 (1) The Owner shall be 100% responsible for the cost of the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as the exterior architectural design of each building has been approved by the Director of Planning Services, and the site plan application for the townhouse units is conditionally approved by the Director of Planning Services and the Director of Engineering Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales 2.4 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. Site Alteration 2.5 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 4.7. After registration of a subdivision agreement, the provisions of the Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. 2 31 Part 3 — Final Plan Requirements 3.1 The Owner shall transfer to the Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements: (a) A Road Widening as shown in Block 10 of the draft plan. (b) A 0.3 metre reserve across the total frontage of Regional Road No. 14 (Liberty Street North). Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration 4.1 The Owner shall submit the following plans and report or revisions thereof: Noise Report (1) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region of Durham Planning Department, for review and approval, an updated noise report, based on the preliminary noise report entitled Environmental Noise Assessment, prepared by YCA Engineering Limited, dated July 2017, Project No.Y1720. Functional Servicing (2) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation Authority for review and approval. Environmental Sustainability Plan (3) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan entitled Sustainable Development Plan, prepared by Marco LaMacchia, dated July 2017, to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. The plan shall include the location of a shade tree, or provision for a voucher from a local nursery to allow the purchaser to acquire a shade tree to provide passive solar gain during the various seasons. Soils Management Plan (4) Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting, but not limited to, any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed 3 32 stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Dust Management Plan (5) Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on-site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Part 5 —Special Terms and Conditions to be Included in the Subdivision Agreement 5.1 Lands Requiring Site Plans The owner shall not make an application for a building permit in respect of Lots Blocks 6, 7, 8 or 9 until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. 5.2 Front-Ending Contribution The owner acknowledges that certain works, services and facilities which directly benefit the Lands were constructed, paid for or otherwise provided by certain earlier developing landowners. The Owner further acknowledges that the Municipality undertook to use its best efforts to recover a proportionate share of the cost of such works, services and facilities from future benefitting owners and to reimburse the front-ending owners accordingly. An Authorization to Commence shall not be issued for any Works unless the Owner has paid to the Municipality its proportionate share of such works, services and facilities, which amount the Municipality shall hold in trust for and on behalf of the front-ending owners. 4 33 5.3 Parkland The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under section 5.1. of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents 5% of the lands included in the draft plan or 1 hectare per 300 units, whichever is greater, and shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision S-C-2017-0008. 5.4 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report entitled Environmental Noise Assessment prepared by YCA Engineering Limited and dated July, 2017 (the "Noise Report"). (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report. (3) The Owner shall not allow the dwelling units within this Plan to be occupied until such time a Professional Engineer qualified to perform acoustical engineering services in Ontario certifies that the noise control measures have been properly installed and constructed. 5.5 Existing Structures The Owner shall obtain demolition permit(s) to remove all existing buildings and structures from the Lands, unless such buildings or structures are to be preserved for heritage purposes. Part 6 — Agency Conditions 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. 5 34 (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (4) All land dedications, easements, sight triangles and reserves as required by the Region for this development must be granted to the Region free and clear of all encumbrances and in a form satisfactory to the Region's Solicitor. (5) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 6.2 Conservation Authority (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a. The intended means of controlling stormwater on the site and conveying stormwater flow from the site to an appropriate outlet, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines; and, b. The intended means of providing water quality treatment for the site in accordance with provincial guidelines; and, c. The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or related works, either during construction, or following construction; and d. Details on the types and use of Low Impact Development (LID) measures to be implemented within the development to assist in reducing stormwater runoff and encouraging infiltration; and e. Details on the infiltration of the soils with onsite testing. 6 35 (2) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. (3) The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a. The Owner agrees to carry out the works referred to in Condition 6.2 (1) and (2) to the satisfaction of the Central Lake Ontario Conservation Authority. b. The Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. c. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on-site works. 6.3 Ministry of Culture, Tourism and Sport (1) No demolition, grading or other soil disturbances shall take place on the lands prior to the Ministry of Culture, Tourism and Sport confirming that potential adverse impact to the archaeological resources identified in the archaeological assessment prepared by The Archaeologists Inc., and dated July 25, 2017 have been addressed through measures such as preservation, resource removal, licensing and resource conservation requirements. 6.4 Canada Post Corporation (1) The developer will consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes or Lock box Assemblies (Mail Room). The developer will then indicate these locations on the appropriate servicing plans. (2) The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, as approved by Canada Post. (3) The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off. 7 36 (4) The Builder/Owner/Developer will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. (5) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Boxes or Lock Box Assemblies (Mail Room). The developer also agrees to note the locations of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Boxes or Lock Box Assemblies (Mail Room). (6) The owner/developer will agree to prepare and maintain an area of compacted gravel to Canada Post's specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. (7) The owner/developer will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post's concrete pad specification drawings. (8) The developer agrees to provide the following for each Community Mail Boxes or Lock Box Assemblies, and to include these requirements on the appropriate servicing plans: (if applicable) - Any required walkway across the boulevard, per municipal standards - If applicable, any required curb depression for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications) 6.5 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Engineering Services. 8 37 (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7 — Standard Notices and Warnings 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: 7.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 6, 7, 8 and 9: "Purchasers are advised that sound levels due to increasing road traffic and the existing commercial development may interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment and Climate Change's noise criteria." (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 6, 7, 8, and 9: "The dwelling unit located on this lot has been equipped with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of the Environment's noise criteria." (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 1 to 5: "This dwelling unit was fitted with a forced air heating system and the ducting etc. sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MINISRY OF ENVIRONMENT AND CLIMATE CHANGE publication NPC-216, Residential Air Conditioning Devices and thus 9 38 minimize the noise impacts both on and in the immediate vicinity of the subject property)." (4) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 6, 7, 8 and 9: "Despite the inclusion of noise control features in the design of the subdivision and individual units, noise levels from road and rail traffic and the existing/proposed commercial development may be of concern and may occasionally interfere with some activities of the dwelling occupants as the noise exposure level may exceed the noise criteria of the Ministry of the Environment." 7.5 Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: "Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision." Part 8 - Clearance 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning Services shall be advised in writing by, (a) the Region how Conditions 6.1 have been satisfied; (b) Central Lake Ontario Conservation Authority, how Conditions 6.2 have been satisfied; (c) Canada Post, how Conditions 6.4 have been satisfied; Part 9 — Notes to Draft Approval 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within five (5) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 10 39 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (c) Veridian Connections, c/o Peter Petriw, P. Eng., Manager, Engineering and Construction, 55 Taunton Road East, Ajax, Ontario L1T 3V3. (d) Enbridge Gas Distribution, Sales Development Co-ordinator, 1350 Thornton Road South, Oshawa, Ontario L1J 8C4. (e) Bell Canada, c/o John La Chapelle, Planner, Right of Way Control Centre, 100 Borough Drive, Floor 5 — Blue, Scarborough, Ontario M1 P 4W2. (f) Rogers Cable Inc., c/o Cindy Ward, 301 Marwood Drive, Oshawa, Ontario L1H 1J4. (g) Kawartha Pine Ridge District School Board, 1994 Fisher Drive, Peterborough, Ontario K9J 6X6 (h) Peterborough Victoria Northumberland and Clarington Catholic District School Board , The Peter L. Roach Catholic Education Centre, 1355 Lansdowne Street West, Peterborough, Ontario K9J 7M3 (i) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 I:\^Department\LDO NEW FILING SYSTEMWpplication Files\SC-Subdivision\S-C-2017\S-C-2017-0008 273 Liberty\Conditions of Draft Approved\Conditions of Draft Approval_18'04'2018.docx 11 40 Corporation of the Municipality of Clarington By-law Number 2018- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2018-0011; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6.54 "Special Exceptions — Urban Residential Type Three (R3-54) Zone" is hereby amended as follows: a. Lot Area (minimum) i) Interior Lot 125 square metres ii) Exterior Lot 210 square metres b. Lot Frontage (minimum) i) Interior Lot 5.0 metres C. Landscaped Open Space (minimum) 18.5 percent 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-Law passed in open session this day of 12018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk JAREPORTS TO CLERKS\Electronic Reports\2-Signed by CAO\PSD-064-18\Attachment 2 to PSD-064-18_Draft Zoning By-law.docx 41 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: September 10, 2018 Report Number: PSD-065-18 Resolution: File Number: ZBA2018-0019 (X-Reference: LD2018-096) By-law Number: Report Subject: Application by Terrance Tiller to amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance at 3648 Concession Road 5, Clarke. Recommendations: 1. That Report PSD-065-18 be received; 2. That provided no significant objections are raised at the Public Meeting, the application to amend the Zoning By-law submitted by Terrance Tiller be approved and that the By- law contained in Attachment 1 to Report PSD-065-18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-065- 18 and Council's decision; and 4. That all interested parties listed in Report PSD-065-18 and any delegations be advised of Council's decision. 42 Municipality of Clarington Report PSD-065-18 Page 2 Report Overview Terrance Tiller has submitted an application to amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance. The Zoning By-law Amendment would zone the severed portion of the lands to prohibit further single detached dwellings from being built on the property. Recognizing that this proposal has been considered through a previous public meeting for Land Division Application, this report recommends that Council approve the Zoning By-law Amendment as contained in Attachment 1 of this report. 1 . Application Details 1.1 Owner/Applicant: Terrance Tiller 1.2 Agent: Dan Strike 1.3 Proposal: To amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance. 1.4 Area: 65.71 hectares (162.39 acres) 1.5 Location: 3648 Concession Road 5, Clarke Part Lots 25 and 26, Concession 5, Former Township of Clarke 1.6. Roll Number: 18-17-030-050-10100 and 18-17-030-050-10700 2. Background 2.1 In June 2018, the applicant applied to sever a 0.6 hectare lot and dwelling from the larger farm parcel. The consent application LD2018-096 was tabled by Land Division Committee on July 16, 2018 as a result of the site not being properly posted with a public notice sign, as well as the Regional Health Department requiring additional site servicing information. There were no members of the public present in opposition of the proposal. The consent application is scheduled to be heard for a second time by the Land Division Committee on September 10, 2018. 2.2 The Planning Services Departments draft conditions of the Land Division approval included obtaining a Clarington Zoning By-law Amendment. The Zoning By-law Amendment is required to ensure that no new dwellings are erected on the severed lands (See Figure 1) in compliance with Provincial, Regional and Local policies. On July 13, 2018 the Clarington Planning Services Department received the Zoning By-law Amendment application to facilitate a surplus farm dwelling severance. 43 Municipality of Clarington Report PSD-065-18 Page 3 3. Land Characteristics and Surrounding Uses 3.1 The lands subject to the rezoning are 65.71 hectares (162.39 acres) in total. The retained parcel, with an existing single detached dwelling on the south side of the property, fronting onto Concession Road 5, is 0.6 ha. The severed lands are 42 ha, and the existing farm to be merged with the severed lands is 23 ha. There is a water course and wooded area running diagonally, from east to west through the property. The majority of the property is currently farmed. b yy Subject Property Parcel to be Merged .� .. Retained Lands ti i J. r � O 4A V ILI A . CONCESSION RD 5 t4�t h r r � ZB Figure 1: Subject Lands 44 Municipality of Clarington Report PSD-065-18 Page 4 3.2 The surrounding uses are as follows: North - Environmental Protected Lands and Agricultural Fields South - Existing Rural Residential Lots and Agricultural Fields East - Existing Rural Residential Lots and Agricultural Fields West - Environmental Protected Lands and Agricultural Fields 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term agricultural uses. The PPS also permits lot creation for severance of surplus farm dwellings that result from farm consolidation, provided that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. 4.2 The proposal is consistent with the Provincial Policy Statement. Greenbelt Plan 4.3 The policies of the Greenbelt Plan protects prime agricultural areas for long-term agricultural uses. Within the Protected Countryside surplus farm dwelling severances are permitted provided the following: x The dwelling was in existence prior to December 16, 2004; x The surplus dwelling area is limited in size; and x That no new dwellings are permitted moving forward on the severed farm lands. 4.4 The proposed lot size conforms with Ministry of the Environment and Climate Change and Region of Durham Health Department policies regarding minimum lot size requirements. 4.5 The proposal is consistent with the Greenbelt Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the property "Prime Agricultural Areas". The severance policies of the Plan state that surplus farm dwellings are permitted provided the retained farm parcel be zoned to prohibit any further severances and the establishment of any residential dwelling, in perpetuity. 45 Municipality of Clarington Report PSD-065-18 Page 5 5.2 Abutting surplus farm dwelling severances are permitted subject to the following criteria: xThe dwelling is not needed for farm employees; xThe farm parcel being acquired is of a size which is viable for farming operations; Within the Protected Countryside of the Greenbelt Plan Area the dwelling was in existence as of December 16, 2004; xThe farm parcel to be acquired is zoned to prohibit any further severances and the establishment of any residential dwelling. The proposal is consistent with these policies. Clarington Official Plan 5.3 The Clarington Official Plan designates the property as "Prime Agricultural Area", "Rural" and "Environmental Protection Area". The policies of the plan state that Prime Agricultural and Rural Areas shall be used primarily for agriculture and farm-related uses. The severance of a dwelling, which is rendered surplus as a result of the consolidation of abutting farms, may be permitted subject to criteria, similar to those in the Regional Official Plan. 5.4 The proposal meets the requirements of the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1) Zone" and "Environmental Protection (EP) Zone." The proposed Zoning By-law Amendment would prohibit any residential uses on the larger farm parcel and will fulfil the requirement of Provincial policy, as well as Regional and Local policy. 7. Summary of Background Studies Planning Justification and Agricultural Assessment Report 7.1 A report prepared by Clark Consulting was submitted in support of the application. The report reviews applicable Provincial, Regional and Local policy and concludes that the application to support the surplus farm dwelling severance is consistent with the objectives and requirements of the Provincial Policy, Region of Durham Official Plan policies and the intent of the Clarington Official Plan policies. 7.2 The report also addresses Minimum Distance Separation formulae. The report concludes the proposal meets the policies of the Minimum Distance Separation formulae. 46 Municipality of Clarington Report PSD-065-18 Page 6 8. Public Notice and Submissions 8.1 Public notice was given by mail to each landowner within 300 metres of the subject lands on August 8, 2018. Public meeting signs were installed on the property, fronting onto Gamsby Road and Concession Road 5, on August 10, 2018. 8.2 At the time of finalizing this report staff had been contacted by one member of the public. The inquiry was general in nature and no objections were received. NOTICEAMP !nit i Id FL a�raoaraowrPPJ3PGGAL y Figure 2: Notice of Proposed Zoning By-law Amendment 9. Agency Comments The application was circulated to the Durham Planning and Health Departments. As of the writing of this report, no comments had been received. 10. Departmental Comments The Clarington Building Division, Engineering Services Department and Emergency and Fire Services Department have no objections or concerns with the application. 11 . Discussion 11.1 The Provincial Policy Statement encourages the long term viability of agricultural areas, limiting the opportunities to create new parcels in the rural area. Surplus farm dwelling severances are permitted by the Province recognizing that farmers may not want to be 47 Municipality of Clarington Report PSD-065-18 Page 7 landlords when acquiring additional lands. The Durham Region and Clarington Official Plans encourage farm consolidation where possible to ensure long term viability of agricultural operations and set out the regulations for surplus farm dwelling severances as a result of farm consolidations. 11.2 When a surplus farm dwelling is severed the Provincial Policy Statement and the Official Plan requires that the retained farm parcel be rezoned to prohibit further dwellings from being constructed. The proposed zone for the severed portion of the lot, with the exception of the "EP" area, is "Agricultural Exception (A-81) Zone", which only allows for non-residential uses as set out in the regulations of the "Agricultural (A) Zone". The Zoning By-law Amendment will prohibit future residential uses from being established on the 65 hectare severed and merged parcel and will enable a surplus residential dwelling lot of 0.6 hectares. 11.3 In June 2018, the applicant applied for the severance to permit the farm surplus dwelling. The consent application was tabled by Land Division Committee on July 16, 2018 as a result of public notice not being properly posted, as well as the Regional Health Department requiring additional site servicing information. On August 15, 2018 Clarington Staff received notice that the Land Division Application will be re-heard at the September 10, 2018 meeting of the Land Division Committee. 11.4 Durham Regional Health Department provided comments dated July 26, 2018, related to the Land Division Application that their initial concerns had been satisfied and they have no objections to the approval of the application. Staff consulted with the Health Department staff and were informed that the applicant had provided them with the required information and their concerns were satisfied. 11.5 Although no comments have been received from Durham Regional Planning and Economic Development Department for the rezoning application. Comments dated July 9, 2018, to the Land Division Committee, identified no concerns with the application other than the servicing concerns of the Regional Health Department. Therefore, while formal comments related to this rezoning application have not been received, the initial concerns related to the Land Division application have been satisfied. For these reasons, Staff are recommending approval of the rezoning application. 11.6 This application is one step in the process to sever the surplus dwelling lot. The rezoning restricts a dwelling from being constructed on the farm parcel in the future. There have been no objections to this application from any of the circulated agencies or the public to date. 12. Concurrence Not Applicable. 48 Municipality of Clarington Report PSD-065-18 Page 8 13. Conclusion 13.1 Given that there has been a previous public meeting on the related Severance application, no objections or concerns have been received through the rezoning notice, and there have been no objections to this application from any of the circulated agencies, it is respectfully recommended that Council approve the application to amend Zoning By- law 84-63 as contained in Attachment 1. 14. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David Crome, MCIP, RPP Andrew C. Allison, B. Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Amanda Tapp, Planner, (905) 623-3379 ex. 2420 or atapp@clarington.net Attachments: Attachment 1 — Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. AT/CP/DJC/av i:\^department\Ido new filing system\application files\zba-zoning\2018\zba2018-0019 3648 concession rd 5\staff report\psd-065-18.docx 49 Attachment 1 to PSD-065-18 Corporation of the Municipality of Clarington By-law Number 2018- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2018-0019; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule '2' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-81) Zone" as illustrated on the attached Schedule `A' hereto. 2. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 50 This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. 0 Ln rq Ln M s Concession.RdS tea`' o4 �yy~ Lo - Zoning Change From "A_1" To "A_81" w Zoning To Remain "A-1" - Zoning To Remain "EP" Clarke • ZBA 2018-0019 • Schedule 2 Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk 51 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: September 10, 2018 Report Number: PSD-066-18 Resolution: File Number: COPA2018-0001 and ZBA2018-0020 By-law Number: Report Subject: An Official Plan Amendment Application by the Municipality of Clarington and Zoning By-law Amendment Application by Durham Hospice — Clarington to permit a hospice on a portion of 1785 Cobbledick Road Recommendations: 1. That Report PSD-066-18 be received; 2. That: Option 1 Council advise Durham Hospice — Clarington to redesign the ultimate 10 bed hospice to fit the 0.81 ha (2 acre) site that Council has agreed to donate; or Option 2 Council declare as surplus, approximately an additional 0.4 hectares (1 acre) of the municipally-owned property, south of 1895 Cobbledick Road and direct staff to transfer a total parcel of 1.2 hectares (3 acres) to Durham Hospice - Clarington subject to the conditions identified in Council Resolution #C-019-18; 3. That Official Plan Amendment No. 119 to the Clarington Official Plan be adopted as contained in Attachment 1 to PSD-066-18; 52 Municipality of Clarington Page 2 Report PSD-066-18 4. That the application submitted by Durham Hospice - Clarington to amend the Zoning By-Law to permit a hospice be approved and a zoning by-law amendment contained in Attachment 2 be passed; 5. That once all requirements contained in the Zoning By-law and Site Plan approval are satisfied, the By-law authorizing the Removal of the (H) Holding Symbol be approved; 6. That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD-066-18 and Council's decision; and 7. That all interested parties listed in Report PSD-066-18 and any delegations be advised of Council's decision. 53 Municipality of Clarington Page 3 Report PSD-066-18 Report Overview Council passed resolution #C-019-18 stating Council's intent to donate land to Durham Hospice — Clarington. Resolution #C-019-18 also directed staff to initiate an Official Plan Amendment to permit the hospice on a portion of lands located at 1785 Cobbledick Road. Durham Hospice — Clarington has submitted a Zoning By-law Amendment to permit a hospice on the lands. As part of the Official Plan and Zoning By-law Amendment applications a public meeting is required. The plans submitted by Durham Hospice — Clarington now propose a hospice for ultimately 10 beds on a three acre site. While staff are of the view that the site could be designed more efficiently, particularly after geotechnical work is completed regarding the sizing of the septic system, Durham Hospice — Clarington requests that the Municipality donate an additional acre. Amendments to the Official Plan and the Zoning By-law are prepared for Council's consideration. 1 . Application Details 1.1 Owner/Applicant: Official Plan Amendment: Municipality of Clarington Zoning By-law Amendment: Municipality of Clarington/Durham Hospice - Clarington 1.2 Agent: ROA Studios 1.3 Proposal: General To permit a hospice on approximately 1.2 hectares (3 acres) of land located at 1785 Cobbledick Road. Official Plan Amendment To permit an exception to the Community Park designation to permit a hospice. Rezoning To rezone a portion of 1785 Cobbledick Road to permit a hospice. 1.4 Area: 8.6 hectares (21.3 acres) 1.5 Location: On the east side of Cobbledick Road, south of Highway 2 and north of Highway 401 1.6 Roll Number: 181703003001803 54 Municipality of Clarington Page 4 Report PSD-066-18 1.7 Within Built Boundary: No 2. Background 2.1 At the February 5, 2018 Council meeting report CAO-002-18 was received by Council. The report identified options available to Council, including possible locations for a hospice within Clarington, should Council wish to donate land to facilitate a request made on behalf of Durham Hospice — Clarington. 2.2 Council passed resolution #C-019-18 (Attachment 3) stating Council's intent to donate land to Durham Hospice — Clarington. The resolution also directed staff to declare approximately 0.8 hectares (2 acres) of lands surplus and to initiate a Clarington Official Plan Amendment to permit a hospice on the lands. 2.3 On August 9, 2018 Durham Hospice — Clarington submitted a rezoning application to rezone a portion of 1785 Cobbledick Road to permit a hospice. Staff circulated the application to internal departments and external agencies. Since the circulation staff and representatives from the Hospice have had multiple discussions that has resulted in a revised site plan from the original submission. DURHAM HIGHWAY 2 -- Q Hospice Parcel �a 10 t. CQ IN F rt + +y IQ h V r•+Ll �{��M1 •i 't f � �i �Z13A.RO1s-0020 55 Municipality of Clarington Page 5 Report PSD-066-18 Figure 1: Requested Hospice Parcel 2.4 The proposal shows a parcel with a land area of approximately 1.2 ha. (3 acres) and 122.5 metres (402 ft.) of frontage along Cobbledick Road. The proposed 5 bed hospice is 1356 square metres (14,500 square feet) with 27 parking spaces, a detached garage and an area for the onsite services (septic system, well and water tanks for firefighting)_ The proposal also shows the area of future additions should funding become available for an additional 5 beds in dashed lines. The 72.5 square metre (780 square foot) garage is for landscaping equipment. PROPOSED PROPERTY LINE N19'S4'50'W 83.14m �wTIANNSCAPE WAIL ENHANCED O � PAYERS PROPOSED PROPERTY LINE - 39.31m loell /' FUTURE ADDITION [9137]f LANDscAowDI AREA INTERIOR YARD L--- --1 IANGSGIPE SETBACK WAIL -- IOW SITE DGRTING(1PP) T Ah PAID INTER1101,11111-11 OR73'YARD 1-11 -2 [22299] I I � NIGH BAG GENERATOR GARE - ENCLOSURE [55144] FDC \ INRRIOR YARD SEfRAC / \ 2 / PROPOSED HOSPICE U'-0 U'-D' 1356.8m' TACTILE STRIP \ (14.600 SOFT) _ _____________________ 303 303 / _ [17304] I � 13599 \ I eF PROPOSED LOCATON OF SEPTIC FIELD I" = E Btl CRETE$I `kA APPRO%.27,000 SO FT 3 15 LOYf SIZE LIGMING(1W)'( 11 I "L TACE STRIP TACT4i 1'-2' IT-7' / IE 3404 {[23111 TACTILE STRIP I 3Q4 24' 0" __________ 4Hti17�NF- 17 15] LANDSCAPING AREA ________n___—____ _______ I o �y�R4p_U o---_�R745'-p" q N I l _____ 1120- o- �I9 �I 1p� TR_ I ` __________l_, v _�� ___ 3657 _ t PROPERTY LINE N19'S4'Sf�122.45m J 1 _ PROPOSED LOCATION OF _ 11 _INE IT U1 G HOLDING TANKS.. ANKS. o- - -- ... EDICT(ROADWATER SUPPLY IRON WELL UP Figure 2- Proposed hospice and proposed site layout 2.5 Given the proposed parcel size of approximately 1.2 ha. (3 acres) Council can require Durham Hospice — Clarington to design a building that fits the donated site or Council could revise their previous resolution to direct staff to declare 1.2 ha. (3 acres) surplus and transfer the lands. 56 Municipality of Clarington Page 6 Report PSD-066-18 2.6 The applicant has submitted the following studies in support of the applications: ■ Planning Justification Report; ■ Noise Study; ■ Archeological Phase 1 and 2; ■ Civil Design Brief; and ■ Minimum Distance Separation Requirements. 2.7 The studies have been reviewed and are discussed in Section 8 of this report. 3. Land Characteristics and Surrounding Land Uses 3.1 The subject lands are located on the east side of Cobbledick Road, south of Highway 2 and north of Highway 401. The lands are relatively flat and slope slightly to the east towards Wilmot Creek. The lands are currently vacant and have been used for agriculture in the past. Figure 3: Subject lands and the residential property to the north The surrounding uses are as follows: North — Single detached dwelling South — Vacant lands designated for a Community Park and Highway 401. East —Valley lands associated with Wilmot Creek, Clarington Fire Hall and Recreation Centre West — Agricultural lands and single detached dwellings 57 Municipality of Clarington Page 7 Report PSD-066-18 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement encourages planning authorities to create complete healthy communities. Planning authorities shall make sufficient lands available to accommodate a range of land uses and a mix of housing opportunities for all current and future residents. 4.2 Development is generally directed to settlement areas; however, limited residential development is permitted in rural areas provided appropriate infrastructure is available and that the development is compatible with the rural landscape. Growth Plan 2017 4.3 The Growth Plan 2017 directs housing and public service facilities, including the provision of programs and services provided by health programs, to settlement areas. 4.4 The Growth Plan permits development outside of settlement areas on rural lands for land uses that are not appropriate in settlement areas provided they- Are heyAre compatible with the rural landscape and surrounding local uses; • Can be sustained by rural services; and ■ Will not adversely affect the protection of agricultural uses. 5. Official Plans Durham Region Official Plan 5.1 The subject lands are designated Special Study Area 2 in the Region of Durham Official Plan. The Special Study Area policies identify that further study is required prior to designating the lands within the study area. 5.2 The policies permit existing zoning by-law uses that apply and amendments provided such amendments allow only uses, such as agricultural and/or temporary uses, that will not prejudge the conclusions and recommendations of the studies. Clarington Official Plan 5.3 The subject lands are designated Community Park within the Clarington Official Plan_ Council has directed staff to initiate an Official Plan amendment that would permit a hospice on the lands. An exception within the Official Plan to permit the hospice use within the community park designation as been drafted and is contained in Attachment 1 of this report. 5.4 The Official Plan includes policies on Natural Hazards. The subject lands are in close proximity to the valley lands associated with Wilmot Creek. The proposed development will be setback a maximum of 30 metres from the top of bank. 58 Municipality of Clarington Page 8 Report PSD-066-18 6. Zoning By-law 6.1 1785 Cobbledick Road is currently zoned Agricultural (A) and Environmental Protection (EP). A Zoning By-law Amendment is required to permit a hospice on a portion of the lands. The amendment would rezone a portion of the property identified approximately in Figure 1 from "Agricultural (A) Zone" to "Major Institutional Exception (P1-1) Zone" that would permit the hospice. 6.2 Zoning By-law 84-63 currently does not have a definition or minimum parking requirement for a Hospice. Staff have reviewed other municipal zoning by-laws and have proposed a minimum parking requirement for a hospice use within the zoning by- law amendment. 7. Public Notice 7.1 Public notice was mailed to each landowner within 300 metres of the subject lands on August 10, 2018 and Public Meeting signs were installed fronting onto Cobbledick Road on August 15, 2018. - •l DEVELOPMENT PROP _ OSAL MonJay,Sey[ember 10,201A 'p litVr Clai ngton l"� . y. �Uft'c Iplan Amendment) 4Pm- d h 'Hospice [lar ngtoi � [oaaelchamhers l2^Floorl �2 nng gYlaw A.Pndmenl) ��ds i 90 Temperance sVeet gowmanvller ON 11C3A6 Slte Wcation �/S � �- 1]g5 tohhled'ick Noad ( " ^i '7Tc- Conran the planner Hos tel Wnthomita5ben p the pA[aMldi I I Y A - arandon We Icr Plnnn ng Seri tes eKPantl to]0 k......... ` Department 14 s �^ on PProK mate1Y 2,5 acresi �,. I� � I yya ."� ���f ' land currently deslgnaked 'i: � t a5623-33]9 -`yy _ _ ' '��� C mmuntY Pa rk tet.2¢26 I 1�! - Fuel ewnnemn onldal elan � it � •�+�.1.—"� i i f` n awe pool&zpn u �) 1" Qwww alar nelan.n.n„a r l - bYlaw dmen i e t USB OOaO n3dia� -nye Figure 4: Public notice sign 7.2 Staff have received one letter of concern from an area resident. The concern was the potential impact this facility could have on their dug well. The resident indicated they had experience working at a similar facility and these uses can use a significant amount of water. 59 Municipality of Clarington Page 9 Report PSD-066-18 8. Studies Submitted Planning Justification Report 8.1 A Planning Justification Report was submitted in support of the applications. The report concludes that the use meets the characteristics of a municipal facility within the Region's Official Plan and meets the requirements of Provincial and Regional Policy. Staff have not classified the hospice as a municipal facility as it is not operated by the municipality. The Region has not provided comments. 8.2 The report recognizes that an amendment to the Clarington Official Plan is required. Civil Design Brief 8.3 A Civil Design Brief was prepared in support of the applications. The report provides details of how the proposed development will be graded and will handle stormwater runoff. Clarington Engineering and Ganaraska Region Conservation Authority have identified concerns with the brief and provided technical comments that will need to be addressed through the site plan approval process. Noise Study 8.4 A Noise Study was submitted in support of the applications. The report concluded that further study will be required when rooftop mechanical is designed for the hospice building. Additional requirements and clauses were identified that will need to be included in the site plan agreement. Archeological Stage 1 and 2 8.5 An Archeological Report was submitted in support of the applications. The report concluded that no resources were found during the assessment and that no additional archeological works were required. A clearance letter from the Ministry of Tourism, Culture and Sport will be required. Minimum Distance Separation Information 8.5 The applicants submitted minimum distance separation calculations in support of the application. The minimum distance separation information provided indicates that the lands meet the required setback from the existing agricultural livestock facilities surrounding the proposed parcel. 8.7 The applicant indicated that three surrounding farms were included in the calculations. The applicant reached out to each owner but was not provided information on the current operations or existing buildings. Aerial photography and site visits were utilized to determine the capacity of the existing barns and the required setback. 60 Municipality of Clarington Page 10 Report PSD-066-18 9. Agency Comments Ganaraska Region Conservation Authority 9.1 Ganaraska Region Conservation Authority have no objections in principle to the applications provided the hospice is a minimum of 30 metres from the top of bank for the Wilmot Creek Valley. The conservation authority has identified a number of technical issues related to grading and stormwater and the overall function of the site. These concerns will need to be addressed through the site plan approval process. Region of Durham 9.2 The Region of Durham Planning and Health Departments have not provided comments at the time of writing this report. 10. Department Comments Engineering Services Department 10.1 The Engineering Department has no objections, in principle, to the applications. Engineering identified many areas of concerns related to grading and stormwater management that will need to be addressed as part of the site plan approval process. 10.2 The Engineering Department also noted that there are plans to develop a trail network along the west side of Wilmot Creek that will connect to the future park to the south. The proposal should not impact the future trail based on the current proposal. Building Division 10.3 The Building Division has no objections to the applications. Fire and Emergency Services 10.4 Fire and Emergency Services have no objection to the applications. Through the site plan approval process the hospice will be required to have on site water supply for firefighting. 11 . Discussion 11.1 Council passed resolution #C-019-18 stating Council's intent to donate approximately 0.8 ha. (2 acres) of land to facilitate a hospice on the subject lands. At Council's direction staff have initiated an Official Plan Amendment. Durham Hospice — Clarington has submitted a zoning by-law amendment application to zone the property that would be donated to permit a hospice. 11.2 Durham Hospice — Clarington representatives have submitted a proposal that is seeking approximately 1.2 ha. (3 acres) and 122.5 metres (402 ft.) of frontage along Cobbledick Road to facilitate the hospice. 61 Municipality of Clarington Page 11 Report PSD-066-18 11.3 The request will require Council to declare an additional 0.6ha (1 acre) as surplus to create approximately 1.2 ha. (3 acres) site. 11.4 Staff are of the opinion that the site could be designed differently and utilize less land, while accomplishing the needs of the hospice. The more frontage and area utilized by the hospice the less area for the future community park. Staff have met with members of the Durham Hospice — Clarington Board to discuss the site design and propose alternatives regarding parking and drive aisle layout, infrastructure locations and the location of the proposed garage. Geotechnical work has not been completed but the septic bed is 0.62 acres, the maximum the consultants suggest will be necessary. After discussions the applicant has determined the proposed site plan and land area is 1.2 ha (3 acres), and this is what they are requesting Council to declare surplus. 11.5 There are a number of concerns related to the grading and site services from both Ganaraska Conservation Authority and Engineering Services. Additional noise study will be required as per the recommendations of the report that has been submitted. 11.6 The Region of Durham Planning and Health Department have not provided comments at this time. 11.7 One resident has contacted the Planning Department with concerns the proposed hospice may have on their dug well. The site servicing details for the hospice have not been submitted to date. The applicants have engaged a Mechanical consultant to design an underground well and pump to service the hospice; however it is unknown when that information will be submitted for review. 11.8 Staff have prepared the Official Plan (Attachment 1) and the Zoning By-law Amendment (Attachment 2) to implement the request of Durham Hospice-Clarington, for Council's consideration. The schedule to the Zoning By-law Amendment will have to be completed based on Council's decision regarding the amount of land it wishes to donate. 12. Concurrence Not Applicable. 13. Conclusion Council passed resolution #C-019-18 stating Council's intent to donate land to Durham Hospice — Clarington at 1785 Cobbledick Road. Staff have prepared a Clarington Official Plan Amendment and a Zoning By-law Amendment in order to facilitate a hospice on the lands should Council wish to move forward at this time. 14. Strategic Plan Application Not Applicable. 62 Municipality of Clarington Page 12 Report PSD-066-18 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 ext. 2424 or bweiler@clarington.net Attachments Attachment 1 — Official Plan Amendment Attachment 2 — Zoning By-law Amendment Attachment 3 — Council Resolution #C-019-18 List of interested parties to be notified of Council's decision is on file in the Planning Services Department. I:\^Department\LDO NEW FILING SYSTEMWppli cation Files\ZBA-Zoning\2018\ZBA2018-0020 Durham Hospice\Staff Report\PSD-066-18.Docx 63 Attachment 1 to Municipality of Clarington Report PSD-066-18 SCHEDULE "A" Purpose and Effect of Official Plan Amendment Number 119 to the Clarington Official Plan PURPOSE: To amend the Clarington Official Plan to permit a hospice within the Community Park Designation. BASIS: The Amendment is based upon applications for an Official Plan Amendment Number COPA2018-0001 initiated by the Municipality of Clarington. Actual Amendment: The Clarington Official Plan is hereby amended by adding a new exception Section 23.19.6 as follows: 1. In Section 23.19.6 ix) Notwithstanding Section 18.3.5 a hospice shall also be permitted on the lands known municipally as 1785 Cobbledick Road (Assessment Roll Number 1817-030-030- 01803) and more specifically described in the implementing Zoning By-law. Implementation: The provisions set forth in the Municipality of Clarington Official Plan regarding the implementation of the Plan, shall apply in regard to this amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan regarding the implementation of the Plan, shall apply in regard to this amendment. File Number: COPA 2018-0001 I:\ADepartment\LDO NEW FILING SYSTEM\PROCEDURAL MANUALS\Official Plan-give all updates to Cindy F.-2012 Complete Accessible\SECTION II-OPA-EXEMPT PACKAGE\Section II-OPA Exempt 2-Schedule'A'Purpose and Effect.docx 64 Attachment 2 to Municipality of Clarington Report PSD-066-18 Corporation of the Municipality of Clarington By-law Number 2018- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2018-0020; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 "Definitions" is amended by adding the following: "Hospice — Shall mean a facility designed to provide palliative care to the terminally ill. 2. Section 3.16 e., the "Parking Space Requirements Table" is amended by adding the following: Hospice 1 space for each bed 3. Section 15A.3 "Special Exceptions — Major Institutional (P1) Zone" is hereby amended and the following new Special Exception Zone 15A.3.1 is added as follows: "15A.3.1 Major Institutional Exception (P1-1) Zone" Notwithstanding Sections 15A.1 and f. those lands zoned P1-1 on the Schedules to this By-law shall only be used for a Hospice. Height of Building (maximum) 8.5 metres 4. Schedule `2' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding Major Institutional Exception ((H) P1-1) Zone" as illustrated on the attached Schedule `A' hereto. 5. Schedule `A' attached hereto shall form part of this By-law. 65 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By-Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 66 This is Schedule "A"to By-law 2018- , passed this day of , 2018 A.D. DURHAM HIGHWAY N 0 0 Y U 0 W CO O U Li HIGHWAY40T To be completed subsequent to Council's decision on donation of surplus land Clarke • ZBA 2018-0020 • Schedule 2 Adrian Faster,Mayor C.Anne Greentree,Municipal Clerk 67 $WWDFKPHO]WR 5HSRUW36' ciffinCouncil Minutes February 5, 2018 Alter the Agenda Resolution #C-018-18 Moved by Councillor Woo seconded by Councillor Partner That the Agenda be altered to consider Report CAO-002-18, Potential Locations for Durham Hospice 1�Clarington Development Strategy, at this time. (Item 7 of the Planning and Development Report) Carried Item 7 - Potential Locations for Durham Hospice ❑Clarington Resolution #C-019-18 Moved by Councillor Partner, seconded by Councillor Traill That Report CAO-002-18 be received; That staff be directed to declare approximately 0.8 hectares (2 acres) of the municipally- owned property south of 1895 Cobbledick Road shown in Figure 1 of Report CAO-002- 18, as surplus and transfer such property to Durham Hospice L Clarington for nominal consideration, subject to the conditions set out in section 2.11 of Report CAO-002-18 Z t1PQAKH1 i[FHSMJ[RI 0\KH[FR❑aWE P0AKH DP H-&OIL-J\REEIEHII-IF(XG-G L AMIDFW W❑ name; That staff be directed to take all steps to effect the transfer; That the Mayor and Clerk be authorized to execute any documentation necessary to effect the transfer; That Council directs staff to initiate an amendment to the Clarington Official Plan to permit a Hospice at 1785 Cobbledick Road; and 7 I -I-W- HUR E❑❑❑[&REE0lGLFN 5 RDG-EHFTR&HG[RI[&RP P URHIC/CFFRP P HI GM -1 and all interested parties listed in Report CAO-002-18 and any delegations be advised RI�&RXr-FtOi/-GHFl2\ R Carried later in the meeting (See following motion) Resolution #C-020-18 Moved by Councillor Woo, seconded by Councillor Partner That the Rules of Procedure be suspended to allow Members of Council to speak to Resolution #C-019-18 a second time. - 6 - 68 Clare n Council Minutes February 5, 2018 The foregoing Resolution #C-019-18 was then carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Councillor Neal X Mayor Foster X Alter the Agenda Resolution #C-021-18 Moved by Councillor Neal seconded by Councillor Cooke That the Agenda be altered to consider Unfinished Business Item 13.1, Addendum to Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road, Newcastle, at this time. Carried Closed Session Resolution #C-022-18 Moved by Councillor Partner, seconded by Councillor Woo That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the following: L A matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and F a matter that deals with 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 8:32 PM. 0 Del H1 hP 12 D\/-GWM IEFRMIGA MNMR❑ILI DFFRLE)LFHu with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. - 7 - 69