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Home My WebLink About2018-09-10Final ciffiW4017 Planning and Development Committee Agenda Date: September 10, 2018 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgray(a.clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net CIarifl#oII Planning and Development Committee Agenda Date: September 10, 2018 Time: 7:00 PM Place: Council Chambers 1 Call to Order 2 New Business — Introduction Members of Committee are encouraged to provide the Clerk's Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 June 25 Minutes of a Regular Meeting of June 25, 2018 Page 6 Minutes 7 Public Meetings 7.1 Public Meeting Application for a Proposed Official Plan Amendment Page 24 Applicant: The Municipality of Clarington Report: PSD -067-18 Location: Northwest Corner of Lambs Road and Concession Street, Bowmanville 7.2 Public Meeting Application for a Proposed Official Plan Amendment Page 26 Applicant: 2103386 Ontario Inc. and Louisville Homes Ltd. Report: PSD -068-18 Location: Foster Northwest, Newcastle Page 2 CIarifl#oII Planning and Development Committee Agenda Date: September 10, 2018 Time: 7:00 PM Place: Council Chambers 8 Delegations 8.1 Adrian Litayski, Johnston Litayski Ltd., Regarding Report PSD -075-18, Applications by Alpa Pre -Engineered Panel Systems Inc. to allow the expansion of the existing industrial business at 2021 Baseline to 2033 Baseline Road 8.2 Michael Fry, D.G. Biddle & Associates Ltd., Regarding Report PSD -068-18 Foster Northwest Secondary Plan Amendment No. 117 to the Clarington Official Plan 8.3 Bob Schickedanz, Farsight Investments Limited, An Application by Farsight Investments Limited and Savannah Land Corporation to amend a Draft Approved Plan of Subdivision and Rezoning by adding lands into the draft plan 8.4 Craig Sabine, Regarding The Water Supply to Heritgae Estates Plan No. 10M-755 — Impacts of Northglen Development 9 Communications - Receive for Information 9.1 St. Marys Minutes of the St. Marys Cement Community Relations Page 28 Minutes Committee dated February 6, 2018 10 Communications— Direction 10.1 Myron Myron Pestaluky, Delta Urban Inc.,On behalf of the Page 36 Pestaluky, Southeast Courtice Landowners Group, Regarding Report Delta Urban LGL -007-18 Pre -Construction Sale of Residential Real Inc. Estate - Update on Industry Consultation (Motion for Direction) 10.2 Myron Myron Pestaluky, Delta Urban Inc.,On behalf of the South- Page 39 Pestaluky, West Courtice Landowners Group, Regarding Report LGL - Delta Urban 007-18 Pre -Construction Sale of Residential Real Estate - Inc. Update on Industry Consultation (Motion for Direction) 11 Presentations No Presentations Page 3 CIarifl#oII Planning and Development Committee Agenda Date: September 10, 2018 Time: 7:00 PM Place: Council Chambers 12 Planning Services Department Reports 12.1 PSD -067-18 Community Vision for Jury Lands, Urban Design Master Page 42 Plan + Design Guidelines for former Ontario Boys Training School and WWII Prison of War Camp 30 12.2 PSD -068-18 Foster Northwest Secondary Plan Amendment No. 117 to Page 62 the Clarington Official Plan 12.3 PSD -069-18 Rural Special Event Venues and Agri -Tourism Uses Page 114 12.4 PSD -070-18 The Local Planning Appeal Tribunal (LPAT) Decision on Page 186 the Appeal by Deborah & Oswin Mathias regarding meat processing accessory to a farm 12.5 PSD -071-18 An Application by Farsight Investments Limited and Savannah Land Corporation to amend a Draft Approved Plan of Subdivision and Rezoning by adding lands into the draft plan 12.6 PSD -072-18 Electric Vehicle Charging Infrastructure - Requirements Page 195 for New Development 12.7 PSD -073-18 Recommended disposition of outstanding Zoning By-law Page 203 amendment applications in the Courtice Main Street Area 12.8 PSD -074-18 Applications by 2556079 Ontario Inc. (CCT AutoTrans) to Page 211 recognize the existing industrial business at 1960 Baseline Road West and to allow an expansion of the business onto a portion of 1972 Baseline Road West 12.9 PSD -075-18 Applications by Alpa Pre -Engineered Panel Systems Inc. Page 225 to allow the expansion of the existing industrial business at 2021 Baseline to 2033 Baseline Road 12.10 PSD -076-18 An Application by Newcastle Marina Villa Ltd. Removal of Page 243 Holding (H) to permit a 65 unit apartment building in the Port of Newcastle 12.11 PSD -077-18 Proposed Private Cannabis Retail Stores Page 249 12.12 PSD -078-18 Residential Neighbourhood Character Study Page 256 Page 4 CIarifl#oII Planning and Development Committee Agenda Date: September 10, 2018 Time: 7:00 PM Place: Council Chambers 12.13 PSD -079-18 Development Applications by 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. for 297 single detached dwellings, 92 street townhouse dwellings, and 105 unit block townhouse development in Newcastle 12.14 PSD -080-18 Renaming of a Portion of Lakeshore Road to Lake Page 277 Homestead Road 13 Solicitor's Department 13.1 LGL -007-18 Pre -Construction Sale of Residential Real Estate - Page 282 Update on Industry Consultation 14 New Business — Consideration 15 Unfinished Business 15.1 PSD -051-18 Amendment of Heritage Designating By-law - The Page 293 Belmont House [Tabled from the June 11, 2018 Council Meeting] 16 Confidential Reports 16.1 CAO -014-18 Potential Acquisition of Lands [Distributed Under Separate Cover] 16.2 LGL -006-18 Proposed Settlement of OMB Appeals - Excelsior Financial Group Inc. [Distributed Under Separate Cover] 17 Adjournment Page 5 Clarftwn Planning and Development Committee Minutes June 25, 2018 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a meeting of the Planning and Development Committee held on Monday, June 25, 2018 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: A. Allison, F. Langmaid, R. Maciver, K. Richardson, C. Salazar, C. Pellarin, J. Gallagher, S. Gray 1 Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2 New Business — Introduction There were no new business items added to the Agenda. 3 Adopt the Agenda Resolution #PD -128-18 Moved by Councillor Hooper, seconded by Councillor Cooke That the Agenda for the Planning and Development Committee meeting of June 25, 2018 be adopted with the addition of the following: x Communication Item 9.1 — Ralph Walton, Regional Clerk/Director of Legislative Services, Regarding Durham Region's Response to the Province's Draft Agricultural Impact Assessment Guidance Document x Communication Item 10.4 — Ryan Guetter, Senior Vice President, Weston Consulting, Regarding Report LGL -004-18 Policy Options to Address the Pre - Construction Sale of Residential Real Estate [Recommended Motion = Refer to Report LGL -004-18] x Communication Item 10.5 — Carmina Tupe, Planner, Policy and Government Relations, BILD, Regarding Report LGL -004-18 Policy Options to Address the Pre -Construction Sale of Residential Real Estate [Recommended Motion = Refer to Report LGL -004-18] Carried - 1 - Clar*wn 4 Declarations of Interest Planning and Development Committee Minutes June 25, 2018 Councillor Neal declared an indirect interest in Report PSD -054-18, regarding Applications by 2556079 Ontario Inc. (CCT AutoTrans) to recognize the existing industrial business at 1960 Baseline Road West and to allow an expansion of the business onto a portion of 1972 Baseline Road West, as it relates to his law practice. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. Faye Langmaid, Manager of Special Projects, introduced new staff member Mark Jull, Planner I. 6 Adoption of Minutes of Previous Meeting Resolution #PD -129-18 Moved by Councillor Partner, seconded by Councillor Traill That the minutes of the regular meeting of the Planning and Development Committee, held on June 4, 2018, be approved. Carried 7 Public Meetings Councillor Neal declared an indirect interest in Report PSD -054-18, regarding Applications by 2556079 Ontario Inc. (CCT AutoTrans) to recognize the existing industrial business at 1960 Baseline Road West and to allow an expansion of the business onto a portion of 1972 Baseline Road West, as it relates to his law practice. Councillor Neal left the room and refrained from discussion on this matter. 7.1 Application for a Proposed Zoning By-law Amendment Applicant: 2556079 Ontario Inc. Report: PSD -054-18 Location: 1960 and 1972 Baseline Road, Courtice Brandon Weiler, Planner, made a verbal and electronic presentation to the Committee regarding the application. No one was present to speak in opposition to or in support of the application. Rodger Miller, Miller Planning Services, Consultant on behalf of CCT Auto Trans Inc., stated that he had reviewed the staff report and was available to answer questions from the Committee. -2- Clar*wn Councillor Neal returned to the meeting. Planning and Development Committee 7.2 Application for a Proposed Zoning By-law Amendment Minutes June 25, 2018 Applicant: Modo Bowmanville Urban Towns Limited (The Kaitlin Group) Report: PSD -055-18 Location: South side of Brookhill Boulevard between Green Road and Boswell Drive, Bowmanville Brandon Weiler, Planner, made a verbal and electronic presentation to the Committee regarding the application. Inge Vanek, local resident, spoke in opposition to the application. Ms. Vanek is concerned that people will buy these homes for rental properties. She advised the Committee that there is currently a large amount of congestion on the roads in the surrounding area. Ms. Vanek would like the Committee to take these concerns into consideration when making their decision. Jeff Dowding, local resident, spoke in opposition to the application. Mr. Dowding explained that he is concerned with the potential for increased numbers of children in the area schools. He stated that there is not enough infrastructure to support the amount of people in the area. Mr. Dowding noted that he moved to the Municipality of Clarington specifically to get away from congestion. He stated that he is concerned with the high rise building. Mr. Dowding explained that there needs to be more parks because they are overcrowded already. He urged the Committee to reject the zoning by-law amendment. Suzanna Bernier, local resident, spoke in opposition to the application. Ms. Bernier explained that she moved from Aspen Springs because it was very busy. She noted that her child plays outside in the front and a lot of people use the field because the parks are too busy. Ms. Bernier stated that the area does not have streetlights or stop signs, and has multiple bus stops. She is concerned with the current traffic and the potential increase in traffic due to the development. Deborah Malatesta, local resident, spoke in opposition to the application. Ms. Malatesta explained that she moved from Toronto to get away from congestion. She is concerned with the increase in traffic, overcrowded schools, and congestion in the area. Ms. Malatesta noted that she is concerned with people renting their apartments out and the renters not caring about the community. Stephanie Plastina, local resident, spoke in opposition to the application. Ms. Plastina explained that she is concerned with the congestion and the safety of the children in the area. She advised the Committee that children are currently bussed to schools in Hampton and have classrooms in portables. Ms. Plastina stated that there is not enough space for the children in the area now and the Committee needs to support the community that exists now. -3- Clar*wn Planning and Development Committee Minutes June 25, 2018 Goranna Tsiganes, local resident, spoke in opposition to the application. Ms. Tsiganes explained that she is concerned with the overcrowding in the schools and traffic in the area. She noted that there are only two exits from the subdivision and it is very busy already. Ms. Tsiganes asked the Committee to take these points into consideration when making their decision. Christina Bruno, local resident, spoke in opposition to the application. Ms. Bruno explained that she is concerned about the increase in congestion the high rise building would create, if approved. She stated that there is only are only two safe exits to leave the subdivision and it would become busier. Bryan Noble, local resident, spoke in opposition to the application. Mr. Noble explained that, when he bought his home in 2013, the plan showed semi-detached homes in the subject area. He stated that he is concerned with the traffic in the area. Mr. Noble noted that the additional apartments will increase the safety issue in the area. Adriano Tsiganes, local resident, spoke in opposition to the application. Mr. Tsiganes explained that the area is currently very dangerous. He stated that a lot of students are crossing the roads in the area. Mr. Tsiganes added that the subdivision is going to cause more congestion. Kim Cross, local resident, spoke in opposition to the application. Ms. Cross explained that there is no crosswalk for the children in the area. She noted that it is a busy are already and that this development will add to the traffic. Ms. Cross stated that she has called the Municipality of Clarington and the School Board about the issue. She explained that the problem needs to be solved before this new subdivision is approved. Enzo Bertucci, Director of Land Development, Kaitlin Corporation was present on behalf of the applicant. Mr. Bertucci stated that the original application was made in December 2016 and since that time it has changed to increase the density based on the updated Clarington Official Plan and feedback from staff. Mr. Bertucci stated that he was available to answer questions from the Committee. 7.3 Application for a Proposed Zoning By-law Amendment Applicant: Far Sight Investments Limited and Savannah Land Corporation Report: PSD -056-18 Location: North-west corner of Lambs Road, north of Durham Highway 2 and south of Concession Road 3 in Bowmanville Cynthia Strike, Principal Planner, made a verbal and electronic presentation to the Committee regarding the application. Steve Dainard, local resident, spoke in opposition to the application. Mr. Dainard explained that he would like the section of land, owned by the Savannah Land Corp, to be donated or purchased by CLOCA. He stated that, currently, park users can no longer see the creek because of the eight foot tall fence which the Region installed. Clar*wn Planning and Development Committee Minutes June 25, 2018 Mr. Dainard explained that the new subdivision will have uninterrupted access to the creek and that he would like the Municipality of Clarington to consider having a piece of that land donated to CLOCA. Nick Matesic, local resident, spoke in opposition to the application. Mr. Matesic is concerned with the traffic in the proposed area. He explained that there needs to be crosswalks and stop signs installed in the area. Mr. Matesic stated that he is concerned with the coyotes in the area. He would like to know, if this application is approved, what will happen to Savannah Lands Corp. lands in the future. Pam Killens, local resident, spoke in opposition to the application. Ms. Killens concerned with traffic in the area. She noted that the amount of parkland dedicated to the development does not seem like enough when compared to the potential number of residents going to live there. Ms. Killens would like to know what will happen to the Savannah Land Corp. lands in the future. Dave Winkle, local resident, spoke in opposition to the application. Mr. Winkle is concerned with the conservation area and separation of the green spaces because of the subdivision. He explained that there needs to be a corridor for the wildlife in the area to go from one space to the other. Mr. Winkle is concerned with how the storm water management pond will drain into the creek. He would like the Committee to think about the environment and biodiversity when making their decision. Bryce Jordan, Planning Manager, GHD, was present on behalf of the applicant. Mr. Jordan stated that he was available to answer questions from the Committee. 8 Delegations 8.1 Lilly T. Hinton, Franchisee, Tim Hortons, Regarding Report PSD -060-18, An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive- through, accessory to a proposed Tim Hortons Lilly T. Hinton, Franchisee, Tim Hortons, was present regarding Report PSD -060-18, An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons. Ms. T. Hinton explained that she is concerned with the growth of the Municipality of Clarington and the effects it is causing on her current staff. She stated that she is struggling to keep up with the pressures and would like the new location to help alleviate the pressure from the current Tim Horton's on Baseline Road. Ms. T. Hinton noted that the design will enhance the current the mall. She explained that the upper portion of the building will be for staff and will not be used for any other purpose. Ms. T. Hinton advised the Committee that the new location will accommodate 24 parking spaces and 22 cars in the drive-through. She stated that this location will be able to accommodate the growth in the area and will provide another 28 fulltime positions and 20-25 part time positions. -5- Clarftwn Planning and Development Committee Minutes June 25, 2018 8.2 Beth Meszaros, Regarding Agri -tourism Uses and Special Event Venue Considerations Beth Meszaros, was present regarding agri-tourism uses and special event venue considerations. Ms. Meszaros stated that the Municipality of Clarington needs to instruct staff to work closely with those who created the Provincial Policy Statement and Greenbelt Policy. She explained that the amount of property that is allowed to be used for On -Farm Diversified Uses is not to exceed 2% of the total acreage of the farm parcel. Ms. Meszaros recited section 2.3.1 of the Provincial Policy Statement, and noted that there should be no wiggle room when considering the percentage. She advised the Committee that, when applications for re -zoning are submitted, and when they pertain to ongoing special event venues, the holding provisions should remain permanent for all services, roads and noise, to ensure the Municipality has a resource for enforcement of any infractions. Ms. Meszaros stated that, within the application, there needs to be clear written regulations, definitions and limits defined through numbers and measurements. She explained that, before a permit is issued, plans for sound, security, policing and signage should be in place. Ms. Meszaros advised the Committee that the maximum number of people, as per the fire code, needs to be determined, overflow parking must be considered and the number of events per year needs to be stated in the report before an application is considered. She noted that, going forward, the Municipality of Clarington needs to ensure that all relevant documents and correspondence be provided to all parties involved, including the Greenbelt, the Provincial Policy statement, soil mapping, sound engineering and hydrological assessments. Ms. Meszaros explained that the Municipality of Clarington must take into account the human factor and consideration of the distance from where the event will be held to the nearest neighbour's residence. She noted that the concern of noise is not just the noise of the music, and that there is also the noise of a generator if used, buses idling and the din of the crowd. Ms. Meszaros concluded by stating that traffic is impacted four times more per event. Resolution #PD -130-18 Moved by Councillor Partner, seconded by Councillor Hooper That the delegation of Beth Meszaros, regarding agri-tourism uses and special event venue considerations, be referred to staff to bring a policy regarding agri-tourism to the Planning and Development Committee meeting of September 10, 2018. Carried Clar*wn Planning and Development Committee Minutes June 25, 2018 8.3 Myno VanDyke, Representative of Newcastle Village and District Historical Society Regarding Belmont and Wilmot Fish Hatchery Myno VanDyke, Representative of Newcastle Village and District Historical Society was present regarding Belmont and Wilmot Fish Hatchery. He made a verbal presentation to accompany an electronic presentation. Mr. Van Dyke provided the Committee with background on Samuel Wilmot, fishing on the Wilmot and the pigeons. He noted that the Mississaugas (branch of Ojibwa Nation) moved to Lake Scugog and Rice Lake from the north shore of Lake Huron around 1700. Mr. Van Dyke explained that there are numerous archaeological artifacts in the area. He displayed a map making note of Given Road, Newcastle. Mr. Van Dyke provided a background on the Newcastle Fish Hatchery, reception house and museum. Suspend the Rules Resolution #PD -131-18 Moved by Councillor Cooke, seconded by Councillor Hooper That the Rules of Procedure be suspended to allow the delegation of Myno VanDyke to be extended for an additional three minutes. Carried He continued the presentation by displaying pictures of the Wilmot lands. Mr. Van Dyke concluded his presentation by providing a summary of Wilmot's history and displaying a photo from a newspaper article. He urged the Committee to move the location of the proposed park, in the new development, from the centre of the development to beside the creek. Resolution #PD -132-18 Moved by Councillor Woo, seconded by Councillor Hooper That the delegation of Myno VanDyke, Representative of Newcastle Village and District Historical Society Regarding Belmont and Wilmot Fish Hatchery, be received with thanks; and That a copy of the presentation be forwarded to Staff. Carried 7- Clar*wn Planning and Development Committee Minutes June 25, 2018 8.4 Elizabeth Nesbitt, Regarding PSD -060-18, An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons Elizabeth Nesbitt, was present regarding PSD -060-18, an application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons. Ms. Nesbitt is concerned with the location of the proposed Tim Horton's. She stated that the plaza cannot handle the parking and drive-through. Ms. Nesbitt explained that the parking area available is now being used by residents using Planet Fitness and is usually full. She noted that the area will be even busier with the new proposed subdivisions in the area. Ms. Nesbitt stated that the main access will cause a traffic problems. She encouraged the Committee to visit the proposed site. 8.5 Deborah Chamerlain, Regarding PSD -060-18, An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons Deborah Chamerlain, was present regarding PSD -060-18, an application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons. Ms Chamerlain is concerned with the increase of traffic in the area. She would like the Tim Horton's to go further east in Bowmanville. Recess Resolution #PD -133-18 Moved by Mayor Foster, seconded by Councillor Traill That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:21 PM with Councillor Neal in the Chair. 9 Communications - Receive for Information 9.1 Ralph Walton, Regional Clerk/Director of Legislative Services, Regarding Durham Region's Response to the Province's Draft Agricultural Impact Assessment Guidance Document Communication Item 9. 1, Ralph Walton, Regional Clerk/Director of Legislative Services, Regarding Durham Region's Response to the Province's Draft Agricultural Impact Assessment Guidance Document was considered later in the meeting during the Communication for Direction portion of the agenda. Clar*wn Planning and Development Committee Minutes June 25, 2018 10 Communications— Direction 10.1 Mayor Fred Eisenberger, City of Hamilton, Regarding a Renewed Commitment to the Greenbelt Resolution #PD -134-18 Moved by Councillor Partner, seconded by Councillor Traill That the following Town of Oakville resolution, regarding a Renewed Commitment to the Greenbelt, be endorsed by the Municipality of Clarington: Whereas, the Greenbelt is an integral component of land use planning that complements the Growth Plan to encourage smart planning, the reduction of sprawl, protection of natural and hydrological features and agricultural lands; and Whereas, the Greenbelt has protected 1.8 million acres of farmland, local food supplies, the headwaters of our rivers and important forests and wildlife habitat for over 12 years; and Whereas, a permanent Greenbelt is an important part of the planning for sustainable communities; and Whereas, there is a tremendous amount of land already planned and available in excess of the development needs of the GTA without weakening the protections provided by the Greenbelt; and Whereas, efforts to open the Greenbelt create the opportunity for land speculators to build expansive homes, at immense profits, in remote areas; and Whereas, opening the Greenbelt will move the urban boundary thus creating more sprawl and increased traffic; and Whereas, the costs of sprawl result in increased taxes, because 25% of the costs of sprawl are downloaded to existing property tax payers; and Whereas programs like the proposed inclusionary zoning regulations will assist municipalities in advancing the supply of affordable housing stock without the need to expand the built boundary; Whereas the Town of Oakville was the originator of the Urban River Valley designation; Therefore be it resolved, That the Town of Oakville stand with its municipal neighbours to undertake continued action to maintain and grow the current Greenbelt; and M Clar*wn Planning and Development Committee Minutes June 25, 2018 That the province be strongly urged to extend Greenbelt protection to include the appropriate whitebelt lands within the inner ring, lands that are the most immediately vulnerable to development in the province; and That this resolution be distributed to the leaders of all parties represented in the Legislature, the Minister of Municipal Affairs, all Greater Golden Horseshoe municipalities, the Association of Municipalities of Ontario, Environmental Defence, Friends of the Greenbelt Foundation and members of Municipal Leaders for the. Greenbelt. Carried 9.1 Ralph Walton, Regional Clerk/Director of Legislative Services, Regarding Durham Region's Response to the Province's Draft Agricultural Impact Assessment Guidance Document Resolution #PD -135-18 Moved by Councillor Cooke, seconded by Councillor Partner That Communication Item 9.1, Ralph Walton, Regional Clerk/Director of Legislative Services, Regarding Durham Region's Response to the Province's Draft Agricultural Impact Assessment Guidance Document, be received for information. Carried 10.2 Request from Torgan for an exemption from the two year freeze on submitting an amendment to the Clarington Official Plan Resolution #PD -136-18 Moved by Councillor Woo, seconded by Councillor Traill Whereas on June 19, 2017, The Regional Municipality of Durham approved Clarington Official Plan Amendment No. 107 (OPA 107); and Whereas Bowmanville Creek Developments Inc. (Torgan) wishes to amend the Clarington Official Plan to permit a mix of land uses including mid -rise and high-rise residential; and Whereas subsections 22(2.1) and 22(2.2) of the Planning Act prohibit Torgan from requesting an amendment to the Clarington Official Plan before the second anniversary of the first day that OPA 107 came into effect unless Council has declared by resolution that such a request is permitted; and Council wishes to permit Torgan to make an Official Plan Amendment Application respecting his property. -10- Clar*wn Planning and Development Committee Minutes June 25, 2018 Now therefore be it resolved 7 ICoDnMhereby permits Torgan to file an application requesting that the Clarington Official Plan be amended to permit a mix of land uses including midrise and high-rise residential at 285 Baseline Road West D Q G By granting permission to Torgan to make an Official Plan Amendment Application, ObuKciDs W no way expressing any opinion regarding the planning merits of the application or any related application. Carried 10.3 Dave Collins, Regarding a street being named after Irma Wreggitt Resolution #PD -137-18 Moved by Mayor Foster, seconded by Councillor Hooper That the Communication Item #10.3, from Dave Collins, regarding a street being named after Irma Wreggitt, be referred to Staff to report back to the Council meeting of July 3, 2018. Carried Resolution #PD -138-18 Moved by Councillor Woo, seconded by Mayor Foster That Communication Items 10.4 to 10.5, be approved as recommended, on consent. 10.4 Ryan Guetter. Senior Vice President, Weston Consulting, Regarding Report LGL -004-18 Policy Options to Address the Pre -Construction Sale of Residential Real Estate That Communication Item 10.4, from Ryan Guetter. Senior Vice President, Weston Consulting, Regarding Report LGL -004-18 Policy Options to Address the Pre -Construction Sale of Residential Real Estate, be referred to the consideration of Report LGL -004-18. 10.5 Carmina Tupe, Planner, Policy and Government Relations, BILD, Regarding Report LGL -004-18 Policy Options to Address the Pre - Construction Sale of Residential Real Estate That Communication Item 10.5, from Carmina Tupe, Planner, Policy and Government Relations, BILD, Regarding Report LGL -004-18 Policy Options to Address the Pre -Construction Sale of Residential Real Estate, be referred to the consideration of Report LGL -004-18. Carried - 11 - Clar*wn 11 Presentation(s) No Presentations Planning and Development Committee 12 Planning Services Department Reports Minutes June 25, 2018 Councillor Neal declared an indirect interest in Report PSD -054-18 regarding Applications by 2556079 Ontario Inc. (CCT AutoTrans) to recognize the existing industrial business at 1960 Baseline Road West and to allow an expansion of the business onto a portion of 1972 Baseline Road West as it relates to his law practice. Councillor Neal left the room and refrained from discussion and voting on this matter. 12.1 PSD -054-18 Applications by 2556079 Ontario Inc. (CCT AutoTrans) to recognize the existing industrial business at 1960 Baseline Road West and to allow an expansion of the business onto a portion of 1972 Baseline Road West Resolution #PD -139-18 Moved by Councillor Cooke, seconded by Councillor Hooper That Report PSD -054-18 be received; That the Official Plan Amendment and Zoning By-law Amendment applications submitted by 2556079 Ontario Inc. continue to be processed and that a subsequent report be prepared; and That all interested parties listed in Report PSD -054-18 and any delegations be advised of Council's decision. Carried 12.2 PSD -055-18 Applications by MODO Bowmanville Urban Towns Limited (The Kaitlin Group) for a Zoning By-law Amendment and Draft Plan of Subdivision to permit 125 townhouse units and an 88 unit six storey apartment building Resolution #PD -140-18 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD -055-18 be received; That the Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by MODO Bowmanville Urban Towns Limited to permit 213 residential units continue to be processed including the preparation of a subsequent report; and -12- Clar*wn Planning and Development Committee Minutes June 25, 2018 That all interested parties listed in Report PSD -055-18 and any delegations be advised of Council's decision. Carried 12.3 PSD -056-18 An Application by Farsight Investments and Savannah Land Corporation to amend a Draft Approved Plan of Subdivision and rezoning by adding lands into the draft plan Resolution #PD -141-18 Moved by Mayor Foster, seconded by Councillor Traill That Report PSD -056-18 be received; That the application to amend Draft Approved Plan of Subdivision and application for Zoning By-law Amendment, submitted by Farsight Investments Limited and Savannah Land Corporation by adding lands into the draft plan and changing the configuration of the park, stormwater management pond and roads to permit 71 additional residential units continue to be processed and that a subsequent report be prepared; and That all interested parties listed in Report PSD -056-18 and any delegations be advised of Council's decision. Carried 12.4 PSD -057-18 An Application by Bowmanville Lakebreeze East Village Ltd. (Kaitlin) to amend the R3-43 zone to permit a 341 unit townhouse development in Port Darlington Neighbourhood in Bowmanville Resolution #PD -142-18 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD -057-18 be received; That the Zoning By-law Amendment application (ZBA 2017-0019) submitted by Bowmanville Lakebreeze East Village Ltd. be approved as contained in Attachment 1 to Report PSD -057-18; That notwithstanding Section 45(1.3) of the Planning Act, Council permits the submission of minor variances application to the Committee of Adjustment for relief from internal yard setbacks required by the R4-43 Zone, if necessary; That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; -13- Clar*wn Planning and Development Committee Minutes June 25, 2018 That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -057-18 and Council's decision; and That all interested parties listed in Report PSD -057-18 and any delegations be advised of Council's decision. Carried 12.5 PSD -058-18 An application by Eiram Development Corporation to amend the Zoning By-law to permit 61 townhouses and a mixed-use building containing 8 apartments and commercial floor area at the south-west corner of Mearns Avenue and Concession Road 3, Bowmanville Resolution #PD -143-18 Moved by Councillor Cooke, seconded by Mayor Foster That Report PSD -058-18 be received; That the application to amend the Zoning By-law submitted by Eiram Development Corporation be approved and that the Zoning By-law contained in Attachment 1 to Report PSD -058-18 be passed; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -058-18 and Council's decision; and That all interested parties listed in Report PSD -058-18 and any delegations be advised of Council's decision. Carried 12.6 PSD -060-18 An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons Resolution #PD -144-18 Moved by Councillor Traill, seconded by Councillor Partner That Report PSD -060-18 be received; That the application to amend the Zoning By-law submitted by IBIS Foods Inc. be approved and that the Zoning By-law contained in Attachment 1 to Report PSD -060-18 be passed; That, should a minor variance application be required for the CP REIT Ontario Properties Limited lands at 2375 Highway 2 during the two-year time-out period as referenced in Section 2.4, no further Council resolution is required; -14- Clar*wn Planning and Development Committee Minutes June 25, 2018 That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -060-18 and Council's decision; and That all interested parties listed in Report PSD -060-18 and any delegations be advised of Council's decision. Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Mayor Foster X 12.7 PSD -061-18 Heritage Designation, 26 Concession Street, Bowmanville Resolution #PD -145-18 Moved by Councillor Hooper, seconded by Councillor Traill That Report PSD -061-18 be received; That the Clerk issue a Notice of Intention to Designate 26 Concession Street West, Bowmanville, as a cultural heritage resource under Part IV of the Ontario Heritage Act pursuant to the provisions of the Ontario Heritage Act; That the Notice of Intention be issued in co-ordination with the fulfillment of the conditions of the Land Division Applications LD003/2018 and LD004/2018; That, should no objections be received by the Municipal Clerk within 30 days of publishing the Notice of Intention, and once the severed lots are created, the Clerk will prepare the necessary designating by-law or report back to Council regarding objection(s) received; and That the interested parties listed in Report PSD -061-18 and any delegations, be advised of Council's decision. Carried -15- Clar*wn Planning and Development Committee Minutes June 25, 2018 12.8 PSD -062-18 Proposed alterations to three designated heritage properties: 5161 Main Street, 2662 Concession Road 8, and 110 Wellington Street, Bowmanville Resolution #PD -146-18 Moved by Councillor Woo, seconded by Councillor Partner That Report PSD -062-18 be received; That permission be granted to alter the existing soffit and fascia on the dwelling at 5161 Main Street, Orono, in accordance with Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; That permission be granted to replace the siding on the northeast wall of the sawmill building at 2662 Concession Road 8, Darlington, in accordance with Section 33(4) of the Ontario Heritage Act, R. S. O. 1990, Chapter 0.18; That permission be granted to repair the front verandah roof and columns on the dwelling at 110 Wellington Street, Bowmanville, in accordance with Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and That the Ontario Heritage Trust, the Clarington Heritage Committee, the property owners, and all interested parties listed in Report PSD -062-18 be advised of Council's decision. Carried 13 Solicitor's Department 13.1 LGL -004-18 Policy Options to Address the Pre -Construction Sale of Residential Real Estate Resolution #PD -147-18 Moved by Mayor Foster, seconded by Councillor Traill That Report LGL -004-18 be received; That staff be directed to consult with the development industry; and That staff report back to the Planning and Development Committee meeting of September 10, 2018 with policy options to address the Pre -Construction Sale of Residential Real Estate. Carried -16- Clar*wn Planning and Development Committee Minutes June 25, 2018 14 New Business — Consideration There were no New Business Item to be considered under this Section of the Agenda. 15 Unfinished Business 16 Confidential Reports 16.1 PSD -059-18 Proposed Acquisition of Land Resolution #PD -148-18 Moved by Councillor Traill, seconded by Councillor Woo That the recommendations, contained in Confidential Report PSD -059-18, be approved. Carried 16.2 LGL -005-18 Proposed Acquisition of Land Resolution #PD -149-18 Moved by Councillor Traill, seconded by Councillor Partner That the recommendations, contained in Confidential Report LGL -005-18, be approved. Carried Later in the meeting Closed Session Resolution #PD -150-18 Moved by Mayor Foster, seconded by Councillor Cooke That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a proposed or pending acquisition or disposition of land by the municipality or local board. Carried Rise and Report The meeting resumed in open session at 10:21 PM with Councillor Neal in the Chair. Councillor Neal advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. The foregoing Resolution #PD -149-18 was then put to a vote and carried. -17- Clar*wji 17 Adjournment Resolution #PD -151-18 Planning and Development Committee Moved by Councillor Partner, seconded by Councillor Traill That the meeting adjourn at 10:22 PM. Carried Chair Deputy Clerk Minutes June 25, 2018 Clarington Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Clarington Official Plan reaardina the Jury Lands/Camp 30. Proposal: Urban Design Master Plan + Design Guidelines for the Jury Lands including: f Urban Design Principles f Development Framework f Architectural Guidelines f A municipal wide park (6.32 ha). The Municipality proposes to amend Section 16.7 Of the Official Plan Special Policy Area F — Camp 30 and amend Map A3 of the Clarington Official Plan to show the Jury Lands as a municipal wide park. Location: Northwest Corner of Lamb's Road and Concession Street, Bowmanville --- --- Change the designation of these lands from �a41s, Urban Residential to •''� Green Space ; S SPOLICY and add the i ' AREA Municipal Wide Park Symbol Designate these lands 3 Green Space and add the Municipal Wide Park Symbol NVE r LU q R LU %l Bowma CONCESSION STREET Ile ■ MP ' • G • • • • • • • • i • • SPECIAL • POLICY • • • REA F • • • p O Designate these lands 0 Urban Residential CIO m Information on the proposal is available for review at the Planning Services Department and have been posted to the municipal website at https://www.clarington.net/en/live-here/future-vision-of-the- jury-lands.asp Questions or Comments? Please contact or write to Faye Langmaid, Manager of Special Projects 905-623-3379, extension 2407, or by email at flang maid _clarington.net Statutory Public Meeting: Date: Monday, September 10, 2018 Time: 7:00 p.m. Place: Council Chambers Municipal Administrative Centre 40 Temperance Street, Bowmanville, ON L1 C 3A6 File Numbers: COPA2018-0003, PLN34.5.2.64 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 Clerk's Department at 905-623-3379, extension 2109. 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, you will not be entitled to appeal the decision to the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do to. David J. Crome, MCIP, RPP Director of Planning Services \\netapp5\group\Planning\ADepartment\LDO NEW FILING SYSTEM\Application Files\COPA-Official Plan Amendment\2018\COPA2018-0003 Jury Lands, Special Policy Area F\Public Notice\Notice of Public Meeting board.docx Clarington Notice of Public Open House and Public Meeting The Municipality is seeking public comments before making a decision on the proposed Foster Northwest Secondary Plan. The purpose of the Public Meetings are to receive input on proposed amendments to the Clarington Official Plan which incorporates the Foster Northwest Secondary Plan. It will provide for: x Approximately 700 residential units; x A neighbourhood park adjacent to the Wilmot Creek valleylands; x A secondary and/or elementary school site; x Medium density residential uses along Durham Highway 2; x A mixed use area on the north west corner of Durham Highway 2 and Ruddell Road; and x Recognition of Belmont House as a Heritage Dwelling. A related Plan of Subdivision and Rezoning application by 2103386 Ontario Inc. and Louisville Homes Ltd. is associated with the lands that are within the Foster Northwest Secondary Plan (File S -C-2017-0005 and ZBA 2017-0007). Public Meetings have previously been held on these applications. Foster Northwest, Newcastle Secondary Plan, Area ,�►•°� " J Grady Drive .- 1' M d ip - -�' 9 Kin Aven ue _ . II 4y 5 COPA 2017-00048 :, *`' �---... The proposed Foster Northwest Secondary Plan is available for review at the Planning Services Department, or online at https://www.clarington.net/en/live-here/community-planning-and- studies.asp A Public Open House is scheduled as noted below. Questions or Comments? Please contact Bob Russell, Planner II 905-623-3379, extension 2421, or by email at brussell(aD-clarington.net Public Open House: Date: Thursday, August 30, 2018 Time: 6:00 - 7:30 PM Place: Newcastle Public Library 150 King Avenue E, Newcastle, ON, L1 B 1 L5 Statutory Public Meeting: Date: Monday, September 10, 2018 Time: 7:00 PM Place: Council Chambers, Municipal Administrative Centre 40 Temperance Street, Bowmanville. ON L1 C 3A6 File Number: COPA 2017-0004 (Cross-reference S -C-2017-0005, ZBA 2017-0007) Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local Planning Appeal Tribunal, as appropriate; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, as appropriate unless, in the opinion of the Tribunal, there are reasonable grounds to do so. David J.`Crome, MCIP, RPP Director of Planning Services I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\COPA-Official Plan Amend ment\2017\COPA2017-0004 Foster Northwest SP (see S -C-2017-0005 and ZBA2017-0007)\Public Notice\Foster Creek Northwest Combined Notice.docx St Marys Cement Community Relations Committee Meeting Minutes Tuesday February 6, 2018 6:00 p.m. Marys will send email notification to the Port Darlington area group email address to provide advanced warning of a blast when blasting is scheduled for days other than the regularly scheduled Tuesday and Thursday blasting. Both parties are monitoring this approach and will recommend and discuss adjustments to the process, as necessary. 4. Review of Community Concerns • There were 8 community concerns received to date for the first quarter - 3 of the 5 blast complaints were from one individual, for one issue to three different bodies for the same issue. - 2 of the noise complaints were unrelated to St Marys Cement activities • Dust ample Station Location Monitor OPG OPG PM 10 BAM ,Dust fall Jar Cove Road Cove Road PM 10 BAM , Dust Fall Jar North East Quarry Hutton Transport PM 10 Hi Vol, Dust Fall Aggregate Aggregate Seismograph Baseline Baseline Seismograph Cedar Crest Cedar Crest PM 10 Hi Vol Dust Fall C Cedar Crest (MOECC location) Dust Fall Jar • Dust fall jars take a sample during 30 days, PM 10 BAM monitors take an hour sample and PM 10 hi -vol monitors take a sample for 24H periods every 6 days 2017 PM 10 BAM Avg 24 hrs. 100 90 Grain 00 Harvesting 70 M y 60 E M 50 2 40 30 r r 20 10 0 tOPG --*--Cove Road Limit Stack Emissions • SOz emissions for 2017 to December 31 were 3,771 tonnes; the total allowance for 2017 is 3,684 tonnes. St. Marys will transfer credits from our St. Marys, Ontario facility to cover the Dust Fall 2017 10.00 X X 9.00 8.00 rn � 7.00 tB Cedar Gest 6.00 +C Cedar Gest M rj 00 North East Quarry A )K cv 4.00 — Cove Road E m Limit 3.00 OPG 2.00 X 1.00 0.00 m K _ W p z o r Stack Emissions • SOz emissions for 2017 to December 31 were 3,771 tonnes; the total allowance for 2017 is 3,684 tonnes. St. Marys will transfer credits from our St. Marys, Ontario facility to cover the S,OW i} SW a0an 35W 3,00It u � 2,SC1(i 7,gP[Y 1, 5lH7 1,uu« uxr difference. In order to reduce these emissions as they go deeper into the mine, St Marys plans to invest in expensive scrubbing equipment. • NO,, emissions for 2017 to December 31 are 3,349 tonnes; the total allowance for 2017 is 3,067 tonnes. • Emissions related to input chemical content (higher sulphur content in limestone feed results in higher sulphur emissions). 1. Ammonia injection is used to control NOx 2. Hydrated lime and lime hydrator control SO2 502 Emissions 2017 3'L'3'1 Ali? Ai a ance Granlyd 5 2011 AL.tual0054 ane 4,000 3,500 $000 1,500 2,OM 1,500 1,000 58O NOx Envisions 2017 2017 Allowance Granted 6. Quarry Operation • Producing at quarry levels 2, 3 and 5. 3,067 2017 Actual &tlissions • No ground or air vibration exceedances during the final quarter of 2017 or to date in 2018. • Overburden stripping, screening and stockpiling, has not resumed for 2018. • Additional clay to be hauled in 2018 as part of Port Hope Area Initiative, possible other projects. Start date not yet known. • Berm construction will continue to the east in 2018. Start date not yet known. 14 12 10 8 6 4 2 0 r r r r r r r r r r m m m m m m m o a o 0 0 o O o 0 0 0 0 0 o O O o N N N N N N N N N N N N N N N N N O O O O O O O V .V -i ti .11l -i CO O �O lLO l!] Q, 0 O O O —*---Golder Peak Component (mm/s) Cedar Crest --*—Golder Peak Component (mm/s) Aggregate Shop --*--Golder Peak Component (mm/s) Baseline —Ground Vibration Limit 130 125 120 115 110 105 100 .. .. .. .. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N \\ \ \ ` \ ` O O O O O O O W \ O \ \ ul N 6 O O O +Golder Air Vibration (d BL) Cedar Crest --*—Golder Air Vibration (d BL) Aggregate Shop —Golder Air Vibration (d BL) Baseline —Air Vibration Limit Peak Air Vibration Level (d B) Peak Ground Vibration Level (mm/s) Dock Operations • Dock use is closed for winter. 7. Community Outreach (2017 Q4) • Bowmanville Hospital 7 • Big Brothers & Big Sisters of Clarington • Clarington Sports Hall of Fame • Santa Claus Parades (Courtice, Bowmanville, Newcastle) • Books for Breakfast with Santa (YMCA program for children) • Community Care Durham (Luncheon Out program in Bowmanville) • Turkeys for Hampers and Christmas dinner DELTA URB\N August 31St, 2018 Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mr. Robert Maciver, LLB., MBA, CS Municipal Solicitor SPECIALISTS IN LANG MANAGEMENT+DEVELOPMENT SENT BY E-MAIL (rmaciver@clarington.net) RE: POLICY OPTIONS TO ADDRESS THE PRE -CONSTRUCTION SALE OF RESIDENTIAL REAL ESTATE PLANNING AND DEVELOPMENT COMMITTEE REPORT No. 151-004-18 Dear Robert, We are writing to you on behalf of the Southeast Courtice Landowners Group, the "Group", with respect to the above referenced Planning and Development Committee Report dated June 25, 2018. We understand that the Municipality of Clarington is considering Policy Options to address the Pre - Construction Sale of Residential Real Estate, to address consumer protection for new home purchasers, as well as, to prohibit Pre -Construction Sales Agreements through municipal regulations. The Group has reviewed the above report and is strongly opposed to any proposed regulations that would restrict the timing of pre -construction sales. The Group supports the Municipality's objective to better educate purchasers about the product they are buying and to ensure the product being delivered to the home purchaser is as close as possible to the presented product. We provide the following comments with respect to the proposed options to prohibit Pre -Construction Sales through municipal regulations: i) The first option proposed by the Municipality is to enact a By-law prohibiting the use of pre - construction sales agreement until the required zoning permission have been fully approved, including other legal provisions relating to fines. ii) The second option proposes to insert conditions on Development Approval to prohibit the use of pre -construction sales agreements. 8800 Oufferin St_ Suite 104 T 905 660 7667 Vaughan Ontnlif) L4K 005 F 905 6607076 DELTAURRAN-COM F11 L__A Under the Planning Act, Home Builders are permitted to proceed with the sales of homes upon obtaining Draft Plan of Subdivision Approval, not Zoning Approval. Should the above by-law be enacted, it would result in significant delays of home sales and ultimately home building. Likewise, the second option results in similar delays given that Development Conditions are generally addressed prior to the receipt of subdivision agreements and Plan of Subdivision Registration. Restricting home sales to final approval will significantly impact the timing of home building for a period of up to 18 months, and ultimately increase the cost to the end user. Without sales, a developer cannot obtain funding for servicing and registration. Financial institutions look at sales as a positive indicator for a project prior to financing for the installation of services and registration. The cost of registering a Plan of Subdivision is expensive as Letters of Credit are required to secure for servicing, landscaping and Development Charges. Correspondingly, the Region of Durham also requires that 50% of the Regional DC's be paid at time of registration. Developers generally tie pre - servicing, registration of a plan of subdivision and pulling building permits to sales. Should the second option be implemented, builders will not be in position to pull building permits immediately after registration, and as such, will result in significant delays to the timeline of completing communities. Consequently, the price of homes will increase, resulting in higher prices to purchasers. Section 52 (1) of the Planning Act, allows for the offering for sale or agreeing to sell land by a description in accordance with a plan of subdivision in respect for which a draft approval has been given. There are many more practical solutions that can be implemented to protect home purchasers, many which are already implemented throughout the Greater Toronto Area, Some of these solutions include: Providing future buyers with a "Pre -Construction Home Buyer Information Package" outlining the details and legalities associated with the purchase of a pre -construction home, including timelines, conditions of sales, additional costs, warning clauses, as well as Tarion Protection clauses and penalty information. 2. To ensure greater certainty in the product being delivered, we recommend the Municipality's zoning by-law review commence earlier in the Planning process in conjunction with the Draft Plans of Subdivision. The Municipality is already pursuing this option as part of the Southeast Courtice Secondary Plan Study. Development signage to identity that the development is not final approved and that product/lots and type of land use may change, Insert into the Conditions of Draft Approval the requirement for a warning clause noting that the Developer/builder must advise purchasers in the Purchase and Sale Agreement that final approval has not been obtained that changes are possible. ,TELT:.-i .. Our understanding is the Municipality does not have issues with the selling of lots in a draft plan of subdivision. The issues that have arisen are a result of product sales on the blocks created at Registration that are still subject to further site plan approval and are condominium tenure. We are very concerned about this potential restriction and strongly disagree with the prohibition of pre - construction sales. We welcome the opportunity to meet and discuss the various options to ensure consumer protection without adversely impacting the developers and home builders and timing for completing communities. Thank you in advance for your time and consideration. Yours Very Truly, W�Lu�waal Myron Pestaluky Delta Urban Inc. On behalf of Southeast Courtice Landowners Group CC: Southeast Courtice Landowners Group 46 DELTA, U:RBXN August 31St, 2015 Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention; Mr. Robert Maciver, LL.B., MBA, CS Municipal Solicitor SPECIALISTS IN LAND MANAGEMENT r DEVELOPMENT SENT BY E-MAIL (rmaciver@clarington.net) RE: POLICY OPTIONS TO ADDRESS THE PRE -CONSTRUCTION SALE OF RESIDENTIAL REAL ESTATE PLANNING AND DEVELOPMENT COMMITTEE REPORT No. 151-004-18 Dear Robert, We are writing to you on behalf of the South-West Courtice Landowners Group, the "Group", with respect to the above referenced Planning and Development Committee Report dated lune 25, 2018. We understand that the Municipality of Clarington is considering Policy Options to address the Pre - Construction Sale of Residential Real Estate, to address consumer protection for new home purchasers, as well as, to prohibit Pre -Construction Sales Agreements through municipal regulations. The Group has reviewed the above report and is strongly opposed to any proposed regulations that would restrict the timing of pre -construction sales, The Group supports the Municipality's objective to better educate purchasers about the product they are buying and to ensure the product being delivered to the home purchaser is as close as possible to the presented product. We provide the following comments with respect to the proposed options to prohibit Pre -Construction Sales through municipal regulations; i) The first option proposed by the Municipality is to enact a By-law prohibiting the use of pre - construction sales agreement until the required zoning permission have been fully approved, including other legal provisions relating to fines. ii) The second option proposes to insert conditions on Development Approval to prohibit the use of pre -construction sales agreements. 8800 Dufferkn St_ Suite 104 T 905 660 7667 Vdu4harn Ontario L4K OG5 F 903 660 7076 6ELTAURHAN COM V Under the Planning Act, Home Builders are permitted to proceed with the sales of homes upon obtaining Draft Plan of Subdivision Approval, not Zoning Approval. Should the above by-law be enacted, it would result in significant delays of home sales and ultimately home building. Likewise, the second option results in similar delays given that Development Conditions are generally addressed prior to the receipt of subdivision agreements and Plan of Subdivision Registration. Restricting home sales to final approval will significantly impact the timing of home building for a period of up to 18 months, and ultimately increase the cost to the end user. Without sales, a developer cannot obtain funding for servicing and registration. Financial institutions look at sales as a positive indicator for a project prior to financing for the installation of services and registration. The cost of registering a Plan of Subdivision is expensive as Letters of Credit are required to secure for servicing, landscaping and Development Charges. Correspondingly, the Region of Durham also requires that 50% of the Regional DC's be paid at time of registration. Developers generally tie pre - servicing, registration of a plan of subdivision and pulling building permits to sales. Should the second option be implemented, builders will not be in position to pull building permits immediately after registration, and as such, will result in significant delays to the timeline of completing communities. Consequently, the price of homes will increase, resulting in higher prices to purchasers. Section 52 (1) of the Planning Act, allows for the offering for sale or agreeing to sell land by a description in accordance with a plan of subdivision in respect for which a draft approval has been given. There are many more practical solutions that can be implemented to protect home purchasers, many which are already implemented throughout the Greater Toronto Area. Some of these solutions include: 1. Providing future buyers with a "Pre -Construction Home Buyer Information Package" outlining the details and legalities associated with the purchase of a pre -construction home, including timelines, conditions of sales, additional costs, warning clauses, as well as Tarion Protection clauses and penalty information. 2. To ensure greater certainty in the product being delivered, we recommend the Municipality's zoning by-law review commence earlier in the Planning process in conjunction with the Draft Plans of Subdivision. The Municipality is already pursuing this option as part of the Southeast Courtice Secondary Plan Study. 3. Development signage to identity that the development is not final approved and that product/lots and type of land use may change. 4. Insert into the Conditions of Draft Approval the requirement for a warning clause noting that the Developer/builder must advise purchasers in the Purchase and Sale Agreement that final approval has not been obtained and that changes are possible. DELTAURBAN COM V Our understanding is the Municipality does not have issues with the selling of lots in a draft plan of subdivision. The issues that have arisen are a result of product sales on the blocks created at Registration that are still subject to further site plan approval and are condominium tenure. We are very concerned about this potential restriction and strongly disagree with the prohibition of pre - construction sales. We welcome the opportunity to meet and discuss the various options to ensure consumer protection without adversely impacting the developers and home builders and timing for completing communities. Thank you in advance for your time and consideration. Yours Very Truly, Myron Pestaluky Delta Urban Inc. On behalf of South-West Courtice Landowners Group CC; South-West Courtice Landowners Group Clarftwn Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD -067-18 Resolution Number: File Number: COPA 2018-0003, PLN 34.5.2.64 By-law Number: Report Subject: Community Vision for Jury Lands, Urban Design Master Plan + Design Guidelines for former Ontario Boys Training School and WWII Prison of War Camp 30 Recommendations: 1. That Report PSD -067-18 be received; 2. That COPA 2018-0003 continue to be processed including the preparation of a subsequent report; and 3. That all interested parties listed in Report PSD -067-18 and any delegations be advised of Council's decision. Municipality of Clarington Page 2 Report PSD -067-18 Report Overview This is a public meeting report to provide an overview of the Urban Design Master Plan and Design Guidelines for the property at 2020 Lambs Road, the Jury Lands. The central portion of the property has significant cultural and historic value to the residents of Clarington, the Province of Ontario and the Country of Canada. It was the first Boys Training School in the Province of Ontario when it officially opened in August of 1925. During World War II the Department of National Defence appropriated the property and used it as one of Canada's prisoner of war camps, Camp 30. In addition to the uses of the property the architectural styling of the buildings, demonstrate Prairie Style features which are rare and unique in Ontario and Canada. The Municipality has been working with the owners, Lambs Road School Development (Kaitlin Group and Fandor Homes), to outline the development principles and acquire the central portion of the campus. The Jury Lands Foundation are poised to assist with the re -use of the buildings and interpretation of the site. In January of 2017 the Municipality retained DTAH to prepare a special study as outlined in the Official Plan, Special Policy 16.7 to set out how the central portion of the campus is to become a municipal wide park and the urban design and architectural guidelines for the surrounding development. 1. Proposal Details Proposed Official Plan Amendment 1.1 The Municipality proposes to: x amend Section 16.7 of the Official Plan regarding Special Policy Area F Camp 30 to make reference to and implement the completed Community Vision and Master Plan process; and x identify a Municipal Wide Park and designate certain additional lands Urban Residential consistent with The Jury Lands Urban Design Master Plan + Design Guidelines. Proposed Urban Design Master Plan 1.2 The Jury Lands, Bowmanville, Urban Design Master Plan + Design Guidelines identified a development framework and site planning strategies and architectural guidelines for the neighbourhood, proposed adaptive reuse of the Jury Lands buildings, a preliminary park concept and proposed phasing. 1.3 Area: 48.05 hectares 1.4 Location: Part Lot 7 & 8, Concession 2 Former Township of Darlington, comprised of PINs 266500003 and 266500013 Municipality of Clarington Report PSD -067-18 Page 3 1.5 Within Built Boundary: Yes (42.62 hectares) Roll Number 1817 010 010 11700; and not within (5.42 hectares) Roll Numbers and 1817 020 060 11200 and 1817 010 010 11600 south of CPR line only. Change the designation of these lands from r� vs. n�F ` 4 Urban Residential to p" Green Space • and add the Municipal Wide Park Symbol r,,L CONCESSION STREET Figure 1: Key Map • i i SPECIAL POLICY AREA F Designate these lands I Urban Residential 2. Background 2.1 The 42.62 ha (105 acre) parcel at 2020 Lambs Road was formerly part of the Darch Farm prior to its donation to the Ontario government in the early 1920s by J. H. H. Jury for the purpose of establishing a boys training school. The northern 5.42 (13.4 acre) parcel is part of the farm at 2640 Lambs Road, it was not part of the Boys Training School or Camp 30. • • Designate these lands Green Space 3 and add the Municipal Wide Park Symbol • •r VENUE CN P • moa VONG • • • • • w GQ� s F SPECIAL w POLICY y • REA F w w z ' J a • Bowma rille C y Z w N m • 1CIAL LICY EA E CONCESSION STREET Figure 1: Key Map • i i SPECIAL POLICY AREA F Designate these lands I Urban Residential 2. Background 2.1 The 42.62 ha (105 acre) parcel at 2020 Lambs Road was formerly part of the Darch Farm prior to its donation to the Ontario government in the early 1920s by J. H. H. Jury for the purpose of establishing a boys training school. The northern 5.42 (13.4 acre) parcel is part of the farm at 2640 Lambs Road, it was not part of the Boys Training School or Camp 30. Municipality of Clarington Report PSD -067-18 Page 4 2.2 The Boys Training School officially opened in August of 1925. Various buildings were constructed over the next several years, by the Government of Ontario. Archival records indicate that the cafeteria and first dormitory were built in 1925, a gymnasium and swimming pool in 1927, a large triple dorm in 1928 and a hospital in 1937. 2.3 During World War II the property was appropriated by the Department of National Defence and used as a German Prisoner of War camp, known as Camp 30. The Camp housed up to 800 detainees, many of which were German officers. There was an uprising at Camp 30 following the Dieppe raid in 1942 when an order was issued to shackle German POWs housed in camps across Canada. Historically recorded as the "Battle of Bowmanville", the uprising lasted for three days until it ended with the assistance of the Royal Canadian Ordinance Corps from Kingston. This uprising is the only known battle of its kind on Canadian soil and has national and international significance. Occupation of the Training School as Camp 30 ended in April of 1945. 2.4 Use as a Training School resumed, name changes occurred and other changes related to the philosophy of dealing with young offenders eventually saw the elimination of Training Schools in Ontario in 1979. The Province offered the property to the Municipality at fair market value in 1983. The Council of the day declined, citing acquisition cost, cost of maintenance, building renovation costs, other operational matters and the distance of the facility from Bowmanville's downtown. 2.5 Between 1983 and 2008 the property was used as different schools including from 1987- 1998 when a portion of the property was leased for St. Stephen's Catholic Secondary School. While the property was operated as a school 1983-2008, the sports fields were leased by the Municipality and used by many of the recreational leagues in Clarington. 2.6 In 2007 the property was purchased by Lambs Road School Property Ltd. (Kaitlin/Fandor). Darul Uloom, an Islamic University, had owned the lands since 2004 and continued to operate until they relocated in October of 2008. The private sewage treatment system for the site failed and an order from the Ministry of the Environment meant either costly repairs or replacement of the private system or connection to the municipal sewage system. The site has been vacant since 2008. 2.7 In 2009 Lambs Road School Property Ltd. applied for an Official Plan amendment to move the Community Park from the northwest intersection of Lambs Road and Concession Street north to the location of the historic buildings; redesignate the community park area as Urban Residential and add a Medium Density Residential Symbol. In addition subdivision and zoning applications were also submitted. 2.8 In 2013 the site was declared a National Historic Site by the Historic Sites and Monuments Board of Canada. Based on the strength of the national designation Council authorized staff to assist with the formation of the Jury Lands Foundation. 2.9 The 2014 conditions survey and mothballing plan by Goldsmith Borgal & Company Ltd. Architects and a structural assessment by Ojdrovic Engineering Inc. indicated that the buildings are still in surprisingly good condition considering their exposure to environmental conditions and vandalism. Municipality of Clarington Report PSD -067-18 Page 5 2.10 In 2015 a trail license agreement to allow for the extension of a walking trail from Sprucewood Drive to the campus and south to Concession Street was entered into between the owners and Municipality. In 2016 an agreement was reached with the property owners regarding lands that would upon development of adjacent parcels be turned over the Municipality as parkland. 2.11 Early in 2017 the Municipality retained DTAH to develop an overall community vision for the urban design and architectural guidelines of development sites and concept plan for the parkland by integrating the re -use of the heritage resources. Based on the work of DTAH and Goldsmith Borgal & Company Ltd. Architects the six buildings and their setting within the ring road were designated under the Ontario Heritage Act Part IV in January of 2018. 3. Land Characteristics and Surrounding Uses 3.1 The property at 2020 Lambs Road is culturally and historically significant at a local, provincial and national level. The past uses of the site, as a Boys Training School and Prisoner of War Camp, and the Prairie style architecture of the buildings in a campus setting, are historically significant and unique. The Historic Sites and Monuments Board of Canada has recognized the significance of the uses and the architecture by designating the property a National Historic Site. 3.2 The surrounding uses are as follows: North CPR tracks and farmland which is outside the urban boundary. South Draft approved 541 unit residential plan of subdivision, currently subject to an application to increase to 612 units. East Future urban residential lands subject to the Soper Hills Secondary Plan. West The Soper Creek valley and residential subdivisions dating from the late 1990's. 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land Use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. 4.2 Significant built heritage resources and cultural heritage landscapes shall be conserved. Planning authorities can permit development and site alternation on adjacent lands to designated heritage properties where the proposed development demonstrates that the heritage attributes and designated property will be conserved. Municipality of Clarington Report PSD -067-18 Page 6 4.3 Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. Provincial Growth Plan 4.4 The majority of subject lands are within the defined Built Boundary. Population and employment growth will be accommodated by directing a significant portion of new growth to the built up areas through intensification and efficient use of existing services and infrastructure. The development of complete communities is encouraged by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open spaces and easy access to local stores and services. The Growth Plan establishes minimum residential targets. The future subdivision applications will have to demonstrate their consistency with the Growth Plan. Provincial Growth Plan 2017 4.5 A new Provincial Growth Plan was released May 18, 2017. As of July 1, 2017, all decisions made by Council are to conform to the new plan. The new Growth Plan continues to reinforce and provide stronger policies to guide growth in consideration of: x Making use of existing infrastructure; x Addressing traffic congestion in the GTA; x Avoiding the environmental impacts of continued urban sprawl, and impact to natural resources; x Avoiding low density and automobile dependent development; x Accommodating an aging population and providing more varied housing unit types and affordability; x Supporting the Province's commitment to its Climate Change Action Plan. 4.6 With the next comprehensive review, the new target for existing Greenfield Areas (5.42 ha at the north) will be 60 residents and jobs combined per net hectare in the Greenfield Area. New development in Greenfield Areas shall support the achievement of complete communities; support active transportation and encourage the integration and sustained availability of transit services. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Area. Lands designated Living Area permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations and address various socio-economic factors. Municipality of Clarington Report PSD -067-18 Page 7 5.2 Development applications in Living Areas must consider having a compact built form, including providing intensive residential and mixed uses along arterial road and transit routes. Consideration must also be given to urban design, pedestrian connections, grid pattern of roads, and the availability of services and infrastructure. 5.3 The Region's Official Plan establishes a framework for Regional and Local Corridors. The Region's Official Plan identifies and maps Regional Corridors, and provides a policy direction to local municipalities for designating Local Corridors in local Official Plans. 5.4 Local Corridors are mixed use areas, planned to support frequent transit service. Local Corridors make connections to Regional Centres (ie. Downtown Newcastle, Downtown Bowmanville, Bowmanville West Town Centre). Local Corridors support a long term density target of a minimum 30 units per gross hectare, and a Floor Space Index of 2.0. 5.5 Corridors have the following characteristics: x Promote transit having a mix of uses with higher densities; x Have a sensitive urban design that orients development to the corridor and access points are consolidated; x Maintain and enhance historical main streets, and integrate new development with existing; x Preserve and enhance cultural heritage resources. Clarington Official Plan 5.6 On November 1, 2016, Council adopted Official Plan Amendment 107 to bring the Clarington Official Plan into conformity with the Regional Official Plan and provincial policies. Two of the objectives of the Official Plan are: xto create walkable neighbourhoods and to provide a variety of uses within each neighbourhood. xto provide for a variety of housing densities, tenure and types in neighbourhoods for all incomes, ages and lifestyles. 5.7 The Clarington Official Plan designates the lands as Urban Residential and Environmental Protection except for the former campus area which had no designation. The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure and types. Neighbourhoods are to be walkable, compact, connected and create a high quality public realm. The lands associated with the Soper Creek valleylands and tributaries are designated Environmental Protection. The natural environment policies require a minimum 15 metres setback from natural heritage features including watercourses and valleyland. Municipality of Clarington Page 8 Report PSD -067-18 5.8 The Clarington Official Plan establishes urban structure typologies and built form directives. The subject lands are adjacent to a "Local Corridor", being Lambs Road. Mixed-use buildings, apartments and townhouse units are permitted (between two and six storeys) with a minimum net density of 40 units per net hectare along the local corridor. The mix between low-rise (two-four storeys) and mid -rise (five -six storeys) shall generally be split 80% and 20%, respectively. Corridors are approximately 100 metres deep on both sides of the road. Special Policy Area F — Camp 30 5.9 Special Policy Area F called for the development of a community vision and urban design plan for the long term use of the lands while respecting the nationally designated cultural heritage resource. The study was to set out design principles, architectural control guidelines and a Master Block Plan. In addition, it was to determine the adaptive reuse of the heritage structures and their integration with future land use while ensuring public access to the heritage resource from the surrounding residential neighbourhoods and the Soper Creek trail system. 5.10 The majority of the Special Policy Area is within the Built Boundary. The building typologies are set out in Table 4.3 as 13 units/net hectare and 1-3 storey height for the area internal to the neighbourhood. This would produce a mix of townhouses, semi- detached and detached dwellings. The northern most parcel is "greenfield" and subject to the 60 residents and jobs per gross hectare policies. 6. Public Notice and Submissions 6.1 A public information session was held at John M. James School on June 13, 2018 where the consultant, DTAH had display panels explaining the overall Urban Design Master Plan + Design Guidelines. The consultant provided a presentation on the proposed land uses, development framework and building typologies. The consultant and staff fielded questions prior to the presentation in a one-on-one setting and as a general question/answer session following the presentation. 6.2 Over 40 people attended the public information session which had been advertised in the local newspapers, on the municipal website and through social media. The meeting was held concurrently with the Soper Creek Trail, Phase 2 meeting. Notification included all adjacent property owners on Sprucewood and Guildwood. In addition the owners of the property parcels affected by Special Policy Area F were notified. 6.3 The display panels and presentation have been posted to the municipal website since June 14, 2018 with a request for comments by July 31, 2018 To date comments from the public received have been: xRetain natural beauty and as many of the historic buildings as practical xConsider wildlife, ecology, natural spaces, protect species at risk xlnclude community gardens on the site to serve nearby proposed residences xSupport idea of demonstration garden with produce supplying local eatery Municipality of Clarington Report PSD -067-18 Page 9 xThe development and building form appear to be higher in density than adjacent lands and should be less dense and lower in height. xProvide special event venue space for 100+ people xProperty has been subject to severe vandalism 6.4 The land owners concerns include: xThe limited range of land uses, density and built form types include in the vision for the Jury Lands, which amongst other matters could have a direct impact on affordability and accessibility; xLack of clarity on how the integration of the vison for the Jury Lands will work with the vison for the Secondary Plan area to the east, including the creation of a hub at the Lambs Road and east -west street; xlncomplete information on future process, and associated timing, to implement the vision including opportunities to participate prior to the preparation of statutory documents. 6.5 The Jury Lands Foundation is supportive of the Jury Lands Urban Design Master Plan + + Design Guidelines report. The Jury Lands Foundation purpose is to ensure the residential development complements the heritage of the site: xthis will create a destination park that citizens of not just Bowmanville but beyond could travel to and learn about the history of the site along with the unique example of the Carolina forest, xthe site will be linked into the trail system, and xthe access as proposed means people can walk, ride bicycles or use public transit along with a car to access the park from Concession St, Lambs Rd or the trail. Further, it would be beneficial to approve the plans and begin development of the park area; thereby giving the Jury Lands Foundation the opportunity to begin the process of repurposing the heritage buildings. 6.6 The Official Plan amendment recommended for Special Policy Area F —Camp 30 was made available to the interested parties and posted to the website on August 17, 2018. 7 Agency Comments Regional Municipality of Durham 7.1 As of the writing of this report, formal comments had not been received from the Region of Durham. 7.2 Central Lake Ontario Conservation Authority has no objections and offers strong support for the proposed community vision, Urban Design Master Plan and Guidelines. In particular they support the designation of a Municipal Wide Park and associated Natural Heritage System. They offered the following comments: "The proposed land use designations on Map A3 should provide for an enhanced level of environmental Municipality of Clarington Report PSD -067-18 Page 10 protection including future restoration and enhancement opportunities for a robust permanent natural heritage system." They support the inclusion of the policy which requires the implementation of low impact development practices for stormwater management through the development process. CLOCA staff appreciate the progressive nature of the proposed policies and believe they will protect the natural heritage and water resource systems while allowing for development with green infrastructure measures. CLOCA's detailed comments on the guidelines are included as Attachment 3. Other Agencies 7.3 Veridian has no objections and asked that when development is to proceed that the appropriate application be submitted. As of the writing of this report, no other agencies have submitted comments. 8 Departmental Comments Engineering 8.1 The Engineering Services Department has no objection to the report as presented. At the detail design stage, stormwater management facility options will need to be evaluated based on in-situ conditions, design parameters and feasibility. Any proposed stormwater management facilities will not considered as part of the parkland dedication requirements. The overall road network layout for the development is acceptable. Standard Municipal Right of Way sections will be utilized for public roads and the Engineering Department is agreeable to a modified Right of Way section for the Park Lane running adjacent to the valley lands. Parking for the development should meet standard requirements at a minimum. 8.2 Emergency and Fire Services, Operations and Clerk's Departments have to date not provided comments; however they have been consulted during the development of the community vision and Urban Design Guidelines. 9 Discussion Urban Design Plan 9.1 The Urban Design Master Plan prepared by DTAH and dated July 20, 2018 contains a development framework that can accommodate a range of housing types and landscapes while preserving the central campus area of the site for parkland and public uses. The development framework outlines the Street and Pedestrian Network, Built Form, Housing Types and Stormwater Management. The residential development parcels are defined by the environmental protection lands of the Soper creek valley and tributaries. 9.2 Lambs Road is a Local Corridor in the Official Plan. The Local Corridor policies support mixed-use developments up to six storeys in height, provided the policies of the Official Plan can be satisfied (80/20 split) of low rise (2-4 storeys) and mid -rise (5-6 storeys). The northwest corner of Lambs Road and Concession Street is the most logical place for the Municipality of Clarington Report PSD -067-18 Page 11 mid -rise buildings. The remainder of the developable area is envisioned as 1-3 storeys including town homes, semi-detached and detached dwellings. 9.3 The street network is composed of primary streets with major intersections and secondary streets with minor intersections. Key to the development of the area will be the east/west connections spaced out along Lambs Road at: xthe northern boundary of the future community park on the east side of Lambs Road; xcentred to the campus/municipal-wide park, and xoff-set from the rail line to accommodate the future overpass (rail crossing). The ring road and former campus road entrance from Concession Street are to be retained as a park lane with its rural cross-section to access the park. 9.4 The built form and distribution of development combined with open space encourages active transportation and pedestrian access to the Soper Creek's trail system and limits privatization of the valleyland frontage. The approach to stormwater management is to integrate runoff by allowing for infiltration within the soft surface areas through low impact design solutions. 9.5 The focal point of the neighbourhood is the central campus/municipal-wide park and its historic buildings. The Urban Design Master Plan outlines adaptive re -use suggestions for each of the buildings with complimentary exterior garden spaces to reinforce the re- use of the buildings. It is anticipated that the buildings will be mothballed for a period of time awaiting funding for redevelopment. Official Plan Amendment 9.6 The purpose of establishing Local Corridors in Clarington Official Plan Amendment 107 is to support the Growth Plan and Regional Official Plan population and housing targets. Encouraging higher densities in key areas further support transit initiatives and build a critical mass to support the expansion of transit services. Higher densities also alleviate consumption of agricultural land, support climate change initiatives, and provide a range of housing choices. 9.7 The major issues considered are as follows: x Conformity to the existing and new Growth Plan, the Regional Official Plan, and the new Clarington Official Plan. x Built form, density and site layout. x Traffic, access, signalization, parking and active transportation. x Transitions between environmental protection lands (e.g. valleylands) and the adjacent residential neighbourhood. x Urban Design elements, including private amenity spaces. Municipality of Clarington Report PSD -067-18 Page 12 x Reinforcement of the heritage resources and elements as outlined in the National Historic Sites and Monuments of Canada designation. 9.8 The proposed Official Plan amendment restricts the number of housing units to 650 which would allow for a variety of housing types and built form. 9.9 The proposed residential development limits along the Soper Creek valley and tributaries have yet to be established. The issues that will have to be addressed at the time of subdivision, zoning and site plan applications include the following: xEstablish the development limits through an Environmental Impact Study (EIS) considering slope stability, natural heritage and mitigating impacts; xThe stormwater management system features and on-site low impact measures that maintain the appropriate water balance; xActive transportation connections for residents along Lambs Road and Concession Street and to the Soper Creek valley trail; xThe signalization of Lambs Road and Concession Street intersection; xParkland dedication requirements in light of the anticipated development on both the east and west sides of Lambs Road involving lands owned by the development partners. 10 Concurrence Not applicable. 11 Conclusion 11.1 An application by Lambs Road School Property Ltd. was submitted in 2009 to amend Map A3 of the Official Plan to shift the Community Park from the southwest corner of Lambs Road and Concession Street. This application pre -dated Amendment 107 which has moved the community park to the northeast corner of Lambs Road and Concession Street. This application is now redundant and at the request of the property owner could be closed. 11.2 Subdivision and zoning applications were submitted in 2009 for the most southern residential development block (6.82ha). Those applications were the subject of a Public Meeting in June 2010. When a revised subdivision plan is submitted another public meeting will be required given the amount of time that has transpired. 11.3 The purpose of this report is to provide background information on the recommended Official Plan amendment to Special Policy Area F — Camp 30. It is proposed that the central campus within the ring road south of the tributary (5.96 ha) be designated green space with a municipal wide park symbol. For the area north of the tributary (0.36 ha), the Jury Lodge location, the designation is proposed to change from urban residential to green space with a municipal wide park symbol. The undesignated lands just south of the north tributary at Lambs Road (0.35 ha) and just north of the south tributary at Municipality of Clarington Report PSD -067-18 Page 13 Lambs Road (0.31 ha) are proposed to be designated urban residential. These designations would allow for the lands surrounding the designated heritage buildings to be developed to compliment the adaptive re -uses suggested for the heritage buildings. The remaining 18.34 hectares of developable land, was designated urban residential by Amendment 107. 11.4 Upon receiving comments from the public, property owners and agencies staff will prepare a subsequent report. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Andrew C. Allison, B.Comm LL.B Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid(a_clarington.net Attachments: Attachment 1 — The Jury Lands, Bowmanville Urban Design Master Plan + Design Guidelines (distributed under separate cover) Attachment 2 — COPA 2018-0003 Attachment 3 — CLOCA's Comments dated August 30, 2018. List of the interested parties to be notified of Council's decision are on file in the Planning Services Department: DJC/FL/jp;tg \\Netapp5\Group\Planning\ADepartment\LDO NEW FILING SYSTEM\Application Files\COPA-Official Plan Amendment\2018\COPA2018-0003 Jury Lands, Special Policy Area F\Staff Report\PSD-067-18. Docx Clarington Amendment Number XX to the Clarington Official Plan Attachment 2 to Report PSD -067-18 Purpose: The purpose of this amendment is to update Section 16.7 Special Policy Area F -Camp 30 in light of the completion of the Urban Design Master Plan Location: Special Policy Area F — Camp 30 covers the area bounded on the west by Soper Creek, north by the CPR rail line, east by Lambs Road and south by Concession Street. Basis: The Amendment is based upon the development of the Jury Lands, Bowmanville, Urban Design Master Plan + Design Guidelines. Actual Amendment: The Clarington Official Plan is hereby amended as follows: i) Section 16.7.2. through 16.7.5.is amended with the following text changes where new text is shown underlined and deleted text is shown with a str'ke+hreugh. 16.7 Special Policy Area F - Camp 30 16.7.2 The Municipality will work has consulted with the owners of the site and adjacent lands, the Jury Lands Foundation, other levels of government and interested parties4e: a) To d9evelop the Urban Design Master Plan + Design Guidelines for the Jury Lands. Bowmanville. The document sets out the DrinciDles of the a community vision and Urban Design Plan, for the long term use of the lands that innludes the natural and built heritage rosouFGes integrates future land Uses in an apprepriate manner and resp Gtslwhile respecting the nationally designated cultural landscape; b) To (implement this community vision the National Historic site has been for the long term use of the lands by establishing different menhanisms innluding designatieaed as a community improvement area and the buildings designated heritage designatiens under Part IV (individual) or Part V(distrin+) of the Ontario Heritage Act; and c) Prepare arnhitenfi,ral Architectural control guidelines +e ensure that development applinations within this Spenial Dolln\/ Area will he designed +e implement this have been prepared to implement the community vision and are contained in the Urban Design Master Plan + Design Guidelines fer the development ref these mss. New buildings will be contemporary interpretations of Prairie - style architecture with a prevalence of horizontal lines, flat or hipped roofs, overhanging eaves, windows grouped in horizontal bands with simplicity of style and integration into the landscape. 16.7.3 As part of the Urban Design Master Plan, a detailed demonstration Development C21^^� Ma t^r Plan wiW has been prepared for the Special Policy Area F lands. �'�ated by the e Na+,^n^I H.1S+^rin Sites a R d ThiTrnsrD-'l-i4 Development w+shall: a) Implement Park Drive along the valley and the campus ring road; Dr^m^+^ the adaptive reuse ^f the heritage St �n�oc and the r�vmvr� �aau�arv-cTcu�c-vr �..�-rra�C�rr-crr, �urraznc 6 ntegrati^n ^f future land i sesi aPA; b) Implement the Local Corridor policies with the highest density being located at the intersection of Lambs Road and Concession Street; c) For lands outside of the Local Corridor, implement development at densities that adhere to built form and densities appropriate for lands "Internal to the Neighbourhood" per Table 4.3 of the Official Plan; d) The densitv of develoament shall be ua to 30 units per net residential hectare, except for abutting the Local Corridor identified on Map B, where the density is a minimum of 40 units per net residential hectare. The maximum total units for the Saecial Policv Area F is 650. be) Ensure and promote public access to the heritage resources from surrounding neighbourhoods and the Soper Creek trail system; and f) Implement low impact development practices for stormwater management. 16.7.4 To facilitate the adaptive reuse of the National Historic Sites and n eRum^ntS Beard designated area as a Municipal Wide Park, the Municipality will work with the owners, the Jury Lands Foundation, other levels of government and interested parties to: a) Assist the Jury Lands Foundation in developing a strategic plan to implement the community vision; b) Facilitate the transfer of key lands and buildings to the Jury Lands Foundation and/or the Municipality; c) Construct the Municipal Wide Park at the earliest opportunity; d) Promote the adaptive reuse of the heritage structures with a ra of public and private uses appropriate to the park setting; ee) Encourage other levels of government to support the conservation of the heritage resources; and df) Promote public awareness and appreciation of the area's heritage. 16.7.5 The residential portions of Special Policy Area F shall be developed as a historically -themed residential neighbourhood focused around a public park and the adaptive reuse of the b iilydiRgS of primary histeri . cigRificaRce in accordance with the community vision of the area.as outlined by the Jury Lands. Bowmanville. Urban Desian Master Plan + Design Guidelines. 16.7.6 Not withstanding the uses described in Section 14.7 Green Space the adaptive reuse of the heritage structures will be detailed in the zoning law. ii) Map A3 — Land Use Bowmanville Urban Area is amended as shown on Exhibit "A" to this Amendment. 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 interpretation of the Plan shall apply in regard to this Amendment. Exhibit "A" To the Municipality of Clarington Official Plan Amendment No. , Map A3, Land Use, Bowmanville Urban Area 49f Central Lake Ontario Conservation Ge�ebratin 60 Years Web: www.cloca.com Email: mail@ctoca.com Purpose of the proposed Official Plan Amendment: To amend Section 16.7 of the Official Plan; Special Policy Area F – Camp 30 and amend Map A3 to show the Jury Lands as a municipal wide park. 7D1WJU'HPQfPffl)SJW FRS0HKUIffQLV,IIUKGW 0WRP#V D WIRH Support for Proposed Vision, Urban Design Plan Master Plan and Guidelines 6KIIHHL0ffFRPQ' VA*WIVW VA SHDURKff FRPQWL#B(!LJQD VH3ODQ(?KGHLLffHW IUHSDQVD VQDHE , URKHNLFLD03ODQffPQ' :R)UHFHDUOVXV,ffJIL JQBTO,@FLSDO:LGJDU 19QffVVKLDffIDKD0 HL,WJAVIKFKVDK@UQT03 U)fflq HGHLJQHLWVLQO-GII M)L@tH8l8QL KVLJQILFDVOOHDQVM'QML-ULDDQHU DVVKLDHULSDULDQffULG,ff##gMW SURKffSDUL9DQV7AUR ff ODQKHMJQH##OS,V HGSU%GIHD#QH OHIWUPTO SU&BQQ0-GL#KHHHDB@QQ'QIASHhVQHHI�D UXRHPDQ' QBDOHLDJuVIF :HOVR UV M9AQ0KL*RLFY'K ORPSDFffORPIIDFHFIIIHVHPDHPDQJIWR Healthy watersheds for today and tomorrow. 190 Whiting Avenue, Oshawa, ON L1 H 3T3 � Tel: (905) 579-0411, Fax: (905) 579-0994 �� Member of Conservation Ontario _ 0V))JWDLG0Q LFLSDOLMDUL@V 7KVL VDFULHFD0SDLFU11KUBWEJWK00V HDRL FD OD QK UDRL FD OL IIL HNUHD QI7D GH6 Central Lake Ontario Conservation jw 7HGDSBRAfiWDJH0XK1X0H0 VRLVPLI fGL VKDVHQGL UMV IKKIt1HGGHRPQDYURAWRDOHLBJH DQVFDSIXFUQTO OHGHVKSDQROODKGJUI#IDVIE VVL#DVVRLDjWl LMMLBPQVLD'OIDBP MW JHKVH ODFH Detailed Commentary: Limits to Development, Stormwater and Green Infrastructure 7KDQLJQDVJT30DQQ KGHLLISURGIMDOGIF DLOgILJKHDQSODQ KK'H.SHDDQKQ' DRD0HLHJHVM0HS0DL (!UMWQKOW IKP,HVLPSHHymy 9QDFQHJDDOHLV#DULHTKD0 DPUGVDQQKDOMLDJHQKUDRLFIHKHDQVVIF VLQoKLCPLQP-K WIWWFML VHLq GIIRURGHILQO SUHL VHLPLHHRPfVQVL WOIFDH#WLSDW RWLPL KKOOH HD'DL VRMMWDOFKVMURP,@URH VLQLKPLKW iQDUL4ffLFLD030DQQH' USUKQLDOUKQODQK $BLFGLUIMV DU1M,WV0K0#UWqW1VD0@UQQ0VUJrUR NFL@UHFKDHL#DVH3ODQ ,KHHHLOgFRPjPJWSSHUV SODHSDUET�XPDI QUDFK@NDOMLDJ JIIVIWMIMGQKDJHSDUAT#OJV OD GVPUDFRLFDUA,gfUDVOK" LHQD(7VMMMGH UHUffIK#U OSUjV rMQQUHMD SKH 7MW&, 'LH'ULHD U$HLJQBXVUHP,WPE VR GD UHKL W LVOLMMUDXLFIQ Bff VIKKKV,UHP:HVIWSDUW MWIDWDUSODQP SURHVIKHDQVHVIV DPVRGD' KUDRLFI@B@MLK'ULHMOOWOD ffHMHGDEV UDLQJOKWHVPQ'QDSSURULDBDQJIVQ KOOQV FQLGHHKFEffGLQOKI12,ffSRjDBJLALUDV KHf DV SDUAVQHRLTSDFIVIRKlTPSOMVQ HVBWMVW 30DQV@ffHHL UHW ODQKH&L GMWD UHTJL#' GLVFKVLQHDHJIUWD VUKIfHVVRLDHKDU UHMPSUALM(I RQOKL#)DQKII@M MHVIVPKDGHVK JMHQO F#UQD VVRLDHKHLK'ULHDHVHPH Conclusion XMIDSSUHLD,UK#RPLffOVDSS UHLDRUSUHVL#NH MURKHDPQPQgW HSSURULDHHI2KD0 MLDJJHQDHU11KFH VVIUUIWPLQOKHL URKDOIISHLD000INUH P#FKO%PSDFffHF-PiT DQJUQ(VDVUKBMVK 1AWIffiV1M@SSUR0fiW JSODWODWRPLP FRDMEODQVFDP SER[ 3DJM Central Lake Ontario Conservation OVPIWDLGO@ LFLSDOLMDUL@V jw DPLIPQYO,WD UGC N@WD UL IOD QtFVDQIWtP@V L#PHUHOLPW SURKHKVLLKX DQVAPS -C�Z� ";� KL V#0,& LUIRMODII UPOMDHO A6IDVAW JSODWODWRPLP FRDMEODQVFDP SER[ 3DJM Clarington Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: File Number: Report Subject: COPA2017-0004 Resolution Number: By-law Number: Foster Northwest Secondary Plan Amendment No. 117 to the Clarinaton Official Plan Recommendations: 1. That Report PSD -068-18 be received; 2. That the Official Plan Amendment No. 117 be adopted; 3. That the Region of Durham Planning and Economic Development Department and the Municipal Property Assessment Corporation be forwarded a copy of Report PSD -068-18; and 4. That all interested parties listed in Report PSD -068-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -068-18 Report Overview Page 2 This is a public meeting and recommendation report on the Foster Northwest Secondary Plan. A previous public meeting was held in conjunction with draft plan of subdivision. Since that time, staff drafted the text of the Secondary Plan document and revised the land use concept, partially in response to input received from heritage groups. A public information centre was held on August 30, 2018. Most people in attendance asked questions and were generally supportive. The major concern, the location of the park, has been addressed with wrapping the park around the Belmont House. 1. Proposed Secondary Plan 1.1 The Municipality proposes to adopt the Foster Northwest Secondary Plan through Official Plan Amendment 117. The Secondary Plan will provide for: x Approximately 700 residential units; x A neighbourhood park adjacent to the Wilmot Creek valleylands; x A secondary and a potential elementary school sites; x Medium density residential uses along Durham Highway 2; x A mixed use area on the north west corner of Durham Highway 2 and Rudell Road; and x Recognition of the Belmont House as a Heritage Dwelling 1.2 The location is Part Lot 31 and 32, Concession 2 Former Township of Clarke, bounded by Durham Highway 2 on the south, the Wilmot Creek on the west, Highway 35/115 on the North and Rudell Road on the east. 2. Background 2.1 On February 21, 2017, D.G. Biddle & Associates Ltd., on behalf of 2103386 Ontario Inc. (Halminen), Louisville Homes Ltd. and Robert Stephenson (who has since sold his portion to 2103386 Ontario Inc.) submitted applications for Neighbourhood Design Plan Amendment, Clarington Official Plan Amendment, Draft Plan of Subdivision and Rezoning to permit a proposed draft plan of subdivision with a mix of single detached dwellings, street townhouse dwellings and link townhouse dwellings, a neighbourhood park, a built heritage precinct for Belmont House and a stormwater management pond. 2.2 The Secondary School site was severed from the lands through a land division application in 2015. The 7.93 hectare (19.6 acre) parcel will facilitate a Secondary School. Municipality of Clarington Report PSD -068-18 Page 3 2.3 The Foster North West Neighbourhood Design Plan was approved on June 9, 2010. Plans of subdivision were not submitted until 2017, at which time further changes were required or proposed as outlined in subsequent sections. 2.4 With the approval of OPA 107, Neighbourhood Design Plans were no longer recognized as part of the planning framework for Clarington. Secondary Plans were identified as the basis of future planning of developing neighbourhoods; as a result less detail was incorporated on the Official Plan maps, including the location of medium and high density area, elementary schools and neighbourhood parks. 2.5 The more detailed land use plan for the Foster Northwest Area is now part of a Secondary Plan. A secondary plan is recognized as a statutory planning document. Much of the detailed background studies were either done through previous Neighbourhood Plans or through development applications and thus the process has been much abbreviated from the larger Secondary Planning studies that the Municipality is currently undertaking. 2.6 The Foster Northwest Secondary Plan was prepared to: a) Provide detailed land uses and related policies b) Address the revised land uses resulting from the purchase of a school site internal to the neighbourhood by the Kawartha Pine Ridge Public School Board; c) Implement the Local Corridor and other polices contained in the Clarington Official Plan; and d) Improve the land use arrangement adjacent to the Wilmot Creek and Belmont House having consideration for the recommendation of the Clarington Heritage Committee 3. Land Characteristics and Surrounding Uses 3.1 The Foster Northwest area is the north-west quadrant of the Foster Neighbourhood, which is divided north -south by Durham Highway 2 and east -west by Rudell Road. Both the north-east and south-east quadrants are largely developed or have approved development. The south-west quadrant is largely occupied by the Diane Hamre Recreation Centre and an associated Community Park land. 3.2 The majority of the Foster Northwest Area is comprised of agricultural lands. Some existing single detached dwellings are located along Durham Highway 2, Rudell Road and Given Road. A stormwater management pond exists on the south-west corner of Given Road and Rudell Road servicing lands in the Foster Northeast area and a portion of the future development within Foster Northwest area. 3.3 The lands associated with the Wilmot Creek are predominantly forested. The Wilmot Creek is recognized as an important fishery. Municipality of Clarington Report PSD -068-18 4 Existing Neighbourhood Design Plan Page 4 4.1 In 2010 a Neighbourhood Design Plan (Attachment 1) was approved for the Foster Northwest Area. The Neighbourhood Design Plan provided for: x Approximately 500 dwelling units comprising 330 single detached dwellings on 10, 12 and 15 metre lots and 152 street townhouses. x A modified grid of street with limited connections to Rudell Road and Durham Highway 2. This included an extension of Grady Drive and a new north -south street connecting to Durham Highway 2. The existing Given Road would be converted to development blocks; x An 6.0 (14.83 acre) Secondary School site located on Durham Highway 2; x A 0.6 ha (1.5 acre) parkette located at the south-east corner of Grady Drive extension and the new north -south collector street; x Two stormwater ponds, one on the east and a new one on the west near Durham Highway 2 at the south limits of the area; x Open Space blocks at the north and south providing visual and physical access to the Wilmot Creek valleylands; x A potential corner store location; and x A heritage dwelling area containing the Belmont House. 5 Key Elements of the Proposed Secondary Plan 5.1 The proposed Foster Northwest Secondary Plan (Attachment 2): x Recognizes in text and design the history of these lands from indigenous use by the Mississauga First Nation, the history of the Wilmot family and their home "The Belmont House" and the important contribution to the cultural history of the area of the Newcastle Fish Hatchery and related activities such as the museum; x Implements the greater setbacks from natural heritage features along the Wilmot Creek valley in accordance with the updated Official Plan policies; x Relocates the secondary school site to the lands purchased by the Kawartha Pine Ridge District School Board in the north -of Grady Drive, west of Rudell Road. x Provides for a Medium Density Residential Area along Durham Highway 2 to implement the Local Corridor provisions of the Official Plan. The Medium Density Area allows for a range of building types from townhouses, stacked townhouses, back-to-back townhouses, low rise apartments and retirement homes. The height is proposed to be 2-5 stories. The result is that the range of households in the neighbourhood can vary from 600-700 units, the higher end the result of apartments or an assisted living/retirement facility. x Provides for the redevelopment of three existing single detached lots at the corner of Durham Highway 2 and Rudell Road as a Mixed Use Area. Uses include mixed-use buildings and office uses. Municipality of Clarington Report PSD -068-18 6 Provincial Policy Provincial Policy Statement Page 5 6.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land Use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. 6.2 Significant built heritage resources and cultural heritage landscapes shall be conserved. Planning authorities can permit development and site alternation on adjacent lands to designated heritage properties where the proposed development demonstrates that the heritage attributes and designated property will be conserved. 6.3 Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. Provincial Growth Plan 2017 6.4 The Provincial Growth Plan, in force since July 1, 2017 requires all decisions made by Council are to conform to the new plan. The new Growth Plan continues to reinforce and provide stronger policies to guide growth. The development of complete communities is encouraged by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open spaces and easy access to local stores and services. The Growth Plan establishes minimum residential targets. The future subdivision applications will have to demonstrate their consistency with the Growth Plan 6.5 The current gross density target across Greenfield Areas is 50 residents and jobs combined per hectare. New development in Greenfield Areas shall support the achievement of complete communities; support active transportation and encourage the integration and sustained availability of transit services. 7 Official Plans Durham Region Official Plan 7.1 The Durham Region Official Plan designates the lands as Living Area. Lands designated Living Area permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations and address various socio-economic factors. The proposed development conforms with the Durham Region Official Plan. 7.2 Development applications in Living Areas must consider having a compact built form, including providing intensive residential and mixed uses along arterial road and transit routes. Consideration must also be given to urban design, pedestrian connections, grid pattern of roads, and the availability of services and infrastructure. Municipality of Clarington Report PSD -068-18 Page 6 7.3 The Region's Official Plan establishes a framework for Regional and Local Corridors. The Region's Official Plan identifies and maps Regional Corridors, and provides a policy direction to local municipalities for designating Local Corridors in local Official Plans. 7.4 Local Corridors are mixed use areas, planned to support frequent transit service. Local Corridors make connections to Regional Centres (i.e. Downtown Newcastle, Downtown Bowmanville, Bowmanville West Town Centre). Local Corridors support a long term density target of a minimum 30 units per gross hectare, and a Floor Space Index of 2.0. 7.5 Corridors have the following characteristics: x Promote transit having a mix of uses with higher densities; x Have a sensitive urban design that orients development to the corridor and access points are consolidated; x Maintain and enhance historical main streets, and integrate new development with existing; x Preserve and enhance cultural heritage resources. Clarington Official Plan 7.6 The Clarington Official seeks to create walkable neighbourhoods and to provide a variety of uses within each neighbourhood. New neighbourhoods will have a variety of housing densities, tenure and types for all incomes, ages and lifestyles. 7.8 The Clarington Official Plan designates the lands as Urban Residential, Local Corridor and Environmental Protection. A Secondary School site is identified for this area. 7.9 The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure and types. Neighbourhoods are to be walkable, compact, connected and create a high quality public realm. 7.10 The lands associated with the Wilmot Creek valleylands and tributaries are designated Environmental Protection. The natural environment policies require a minimum 15 metres setback from natural heritage features including watercourses and valleyland. 7.11 The Clarington Official Plan identifies the lands along Durham Highway 2 from Wilmot Creek to the Foster Creek as a "Local Corridor". Local Corridors are mixed use higher - intensity areas along existing and future transit routes that provide a structural element so that higher density uses are located in the most appropriate and efficient locations. Mixed-use buildings, apartments and townhouse units are permitted (between two and six storeys) with a minimum net density of 40 units per net hectare along the local corridor. The mix between low-rise (two-four storeys) and mid -rise (five -six storeys) shall generally be split 80% and 20%, respectively. Corridors are approximately 100 metres deep on both sides of the road. 7.12 Neighbourhoods are to be served with Neighbourhood Park or Parkettes. In the case of the Foster Neighbourhood, divided into four quadrants, the park arrangements are not typical as there is no central location for the entire neighbourhood. Municipality of Clarington Report PSD -068-18 8 Public Notice and Submissions Page 7 8.1 A Public Information Centre on the development proposal was held on September 28, 2017 at the Newcastle Branch of the Clarington Public Library. The information available to the public at the time focused on the plan of subdivision. Comments received at that time were: x Traffic congestion will increase; x The high school land swap didn't make sense; x Concern for construction traffic using Rudell Road; x Maintenance of the heritage dwelling at 302 Given Road x Fencing adjacent to medium density block; and x A trail should be built on the to -be -closed Given Road allowance north of the eastern storm water management pond. 8.2 At the public meeting on the Plan of Subdivision and the Secondary Plan held on October 23, 2017, 10 members of the public spoke. 8.3 The statutory public open house and public meeting on the Proposed Secondary Plan was advertised by: x Mail out on August 14, 2018 to all residents inside and within 120 metres of the boundaries of the boundaries of the Secondary Plan Area; x Newspapers on August 13, 2018; and x On the Municipal website and social media 8.4 A statutory public open house on the proposed Secondary Plan was held in the Newcastle Public Library on Thursday August 30, 2018. Approximately 20 people attended. The display panels and presentation have been posted to the municipal website since August 30tH 8.5 To date comments from the public received have been: x Traffic signals will be needed at the Pedwell/Massey intersection on Highway 2 for future traffic x A suggestion that the playground could be designed to honour indigenous peoples x A suggestion to utilize some indigenous street names 8.6 Staff and members of Council have met with members of various heritage organizations several times regarding the appropriate recognition of the areas heritage and more recently the concept of a heritage park. Municipality of Clarington Report PSD -068-18 Page 8 8.7 On June 10, 2018 the Newcastle Village and District Historical Society wrote to Council advising of their work to establish a basis for a heritage park in the area of the Belmont House. They advised of their concerns regarding the development plan for Foster Northwest Areas that would cut off any link between the Belmont House and the Wilmot Creek. They request that more work be done so that this one time opportunity not be lost to development that is insensitive to the cultural and heritage aspects of this part of Newcastle. 8.8 On June 18, 2018, the Architectural Conservancy of Ontario Clarington Branch passed a motion to provide a letter of support of a proposed Wilmot Creek Heritage Park located immediately east of Wilmot Creek and north of Highway 2. (Attachment 5). 9 Agency Comments Region of Durham 9.1 The Regional Planning Department provided comments focused on the draft plan of subdivision. They encouraged the applicant and the municipality to increase the density of residential development including higher density mixed uses within the medium density block along Regional Highway 2 so that the minimum density target can be met or exceeded. The Region requested bicycle lanes along Grady Drive and the new north -south collector road as shown in the Secondary Plan. A 36 metre right-of-way was required for King Avenue West (Durham Highway 2). They also requested transit stops as shown at the intersection of the new collector road with King Avenue West. Ganaraska Region Conservation Authority 9.2 The Ganaraska Region Conservation Authority (GRCA) submitted comments on the proposed plan of subdivision. They are satisfied with the proposal for two stormwater ponds to service the neighbourhood, including the retrofit and expansion of the existing pond in the south-east near Rudell Road. There are technical details regarding the sizing and detailed design of the ponds which are addressed through the Plan of Subdivision. Kawartha Pine Ridge District School Board 9.3 The Kawartha Pine Ridge (KPR) District School Board confirmed their intent to put at least one school on the site identified and designated for that purpose. Based on current enrolment projections, an elementary school to support growth and development is required, particularly with the Board's decision to gradually transition French immersion students residing in the Newcastle area and currently attending the Duke of Cambridge School to the Newcastle Public School. This transition commenced this past year with the JK/SK students. 9.4 The KPR will consider a Secondary School on the designated lands at some point in the future depending on the disposition of Clarke High School and continued growth. Municipality of Clarington Report PSD -068-18 Clarington Heritage Committee Page 9 9.5 The Clarington Heritage Committee has passed three resolutions with respect to the Belmont House and Park: October 18, 2017 THAT the Clarington Heritage Committee recommends strengthening the link from the Belmont House to the creek and enhancing the overall character and view of the home by adding a pathway to the creek and increasing the parkland space surrounding the home. January 16, 2018 THAT the Clarington Heritage Committee recommends strengthening the link from the Belmont House to the creek and enhancing the overall character and view of the home by retaining the existing Given Road allowance as open space to preserve a pathway to the creek and by increasing the parkland space surrounding the home. March 20, 2018 THAT the Clarington Heritage Committee recommends the establishment of a Wilmot Creek Heritage park to be included in the development plans for the Foster Northwest neighbourhood. 10 Departmental Comments Engineering Services Department 10.1 Engineering Services Department have two concerns: Parkland Location 10.2 We find the proposed relocation of the Neighbourhood Park in the northwest part of the Plan to be unsuitable. We request that this Neighbourhood Park remain in the currently designated central location. The proposed relocation of the park result in a major impact to the park function and usability resulting from the revised servicing strategy for this development Legal Closure of Given Road 10.3 The implementation of the Plan and actual development with the subject neighbourhood will require the legal closure of Given Road. Municipality of Clarington Report PSD -068-18 11 Discussion Environmental Protection Area Page 10 11.1 In conjunction with the updating of the plan of subdivision application, the Environmental Impact Study was amended to conform to the Official Plan as amended by OPA 107. This provides for a 15 m setback from the top of bank to the Wilmot Creek valley. This Open Space area is shown in the Secondary Plan as part of the Environmental Protection Area. Park Location 11.2 The location of the Neighbourhood Park has evolved through the preparation of the Secondary Plan. Generally speaking, staff seek a more central location for all parks, including Neighbourhood Parks. The Foster Neighbourhood is split into four quadrants, which have developed over time and has affected the ability to have a larger neighbourhood level park. The primary Neighbourhood Park for the Foster Neighbourhood is the Rickard Park on Grady Drive. It was selected for its relationship with the former elementary school site. In addition, there is the Edward Street Park and the future park in Foster Northwest. The south-west quadrant is the location of the Community Park which includes the Diane Hamre Recreation Complex. 11.3 The Official Plan indicates that parks shall: x connect to the open space system wherever possible x be as central as possible x be accessible from two sides x have at least 30 % street frontage Approved Neighbourhood Design Plan 11.4 The Foster West Neighbourhood Design Plan approved in 2010 provided a neighbourhood parkette of 0.6 ha (approximately 1.5 acres) was located south of Grady Drive extension. See Figure 1. It would have provided small playground and open park area. Municipality of Clarington Report PSD -068-18 br��5 d �] r• 1• • . EP wows NO I Figure 1: Open space in Neighbourhood Design Plan r Paue 11 11.5 The Neighbourhood Design Plan also had two open space blocks along the Wilmot Creek which provided physical and visual access to the creek valley at the north and south ends providing opportunities for trail connections and opportunities for heritage interpretation. Park Proposed Through Subdivision Application 11.6 The applicants' proposes a 1.2 ha (approximately 3 acre) park located closer to the centre of the neighbourhood along the main collector road and north of Flood Avenue extension. It has frontage on two sides. I V ............ .....■■ .. • b • ■ a • ■ � t ■ : J � I Figure 1: Open space in Neighbourhood Design Plan r Paue 11 11.5 The Neighbourhood Design Plan also had two open space blocks along the Wilmot Creek which provided physical and visual access to the creek valley at the north and south ends providing opportunities for trail connections and opportunities for heritage interpretation. Park Proposed Through Subdivision Application 11.6 The applicants' proposes a 1.2 ha (approximately 3 acre) park located closer to the centre of the neighbourhood along the main collector road and north of Flood Avenue extension. It has frontage on two sides. Municipality of Clarington Report PSD -068-18 f� tX11111111111 �IIIIIIIIII� �III�� • ' 111111111111 11111111111111 r.r. �. - 11111®1■11 11111111111111 y � ��C =11111111111111 �� X11111 = Illlllllllllll WIN �� 111111111111111 IIIIIII��11 � �Illlllllu Illllllllil�ll��ll�� 11111111 X1111111 lglllllglqqllqqlllql Illglgl Figure 2: Park Proposed in Subdivision Application Page 12 11.7 Only the northerly open space block is retained along the Wilmot Creek which provides for the most limited physical and visual access to the creek valley but connects the Belmont House to the creek. 11.8 There are no trail connections to the park but there would be future bike lanes or multi- use path connections along the collector road. 11.9 This park site was initially agreed upon prior to the concerns raised by the Clarington Heritage Committee and the Newcastle Village and District Historical Society. This led staff to an examination of how the park development could better serve the many objectives, including providing for better integration of the Belmont House into the neighbourhood and for the park to better located to integrate with the trail system and provide for heritage interpretation. Park in Proposed Secondary Plan 11.10 A neighbourhood park of 1.2 ha (approximately 3 acres, shown in Figure 3, was proposed to be located to the south of the Belmont House adjacent to the Wilmot Creek valley. Municipality of Clarington Report PSD -068-18 Ile t.I f Grady Drive Page 13 Belmont Aver a Flood Avenue r n � SWM ' Durham'Highiway'2N'' _._._._._._._._._._._ Figure 3: Park Proposed in Secondary Plan 11.11 This park location would provide heritage interpretation opportunities for indigenous and European settlement, connected to valley trail systems, and provide neighbourhood recreation facilities such as a playground and open park space. It would have frontage on two sides. 11.12 Although this site is not as central as staff would generally seek, it is more than offset by: x the open space area associated with the relocated school block relocated to the north-east; and x the opportunity to augment the setting of an important heritage building and interpret the history of the area. Municipality of Clarington Report PSD -068-18 Page 14 11.13 An example of how such a park could enhance a historic building can be seen at the Grange Park in Toronto. Z Y Figure 4: Images of Grange Park, Toronto 11.14 There are challenges to this concept arising from the engineering scheme that was done in support of the previous concept noted above. Implementing a park in this location with the residential uses to the north would result in overland flow routes, sanitary sewers and storm sewer infrastructure crossing the park in this location. These were not insurmountable challenges but would also have a higher cost as a result. Recommended Park Location 11.15 At the June 25th Planning and Development Committee, members encouraged the heritage groups to meet with the developers on their ideas for a heritage park. An alternative emerged from their discussions with the developers for a "heritage park" behind the Belmont House and a small "recreational parkette" in a more central location. The heritage park portion was created out of lands that were expensive to service for residential purposes. This split configuration was not supported by staff for a variety of design, maintenance and safety reasons. In staff's view, it would be better for the park to be multifunctional that split into two separate parcels with two separate functions. Municipality of Clarington Report PSD -068-18 Page 15 11.16 In further discussion with the developers since the Public Information Centre, a hybrid park location emerged which surrounds the Belmont House on the north, west and south sides (see Figure 5). The road crossing the south and west sides of the Belmont House has been removed. There would be a laneway set aside to access the Belmont House. c 4 111111 ■qw R A m 5WM Grady Drive Belmont Avenue Flood Avenue ` @Darha'm'Hili1 WaV "em"O"' Figure 5: Recommended Park Location 11.17 While this configuration dilutes the sense of park size and creates a hidden space behind the Belmont House, it does provide an attractive setting for the House, better connects the House to the creek and, with the incorporation of the Given Road allowance, provides a suitably -sized space for a playground and other features. There would be many opportunities for heritage interpretation along the valley edge and around the edges of the Belmont House. Municipality of Clarington Report PSD -068-18 Page 16 11.18 The recommended park location provides the same amenity benefits of a park facing the Belmont House and eliminates that related engineering challenges and costs associated with the park presented at the Public Information Centre. The expanded park would be sized to complete the parkland dedication requirements for additional residential lands and the anticipate scale of development along Durham Highway 2 rather the relying on cash -in -lieu payments for these subsequent phases. Planning staff are recommending that the park configuration which surrounds the Belmont House on three sides be incorporated into the Secondary Plan. Ravine Lots 11.19 The approved Neighbourhood Design Plan provided for two open space blocks along the Wilmot Creek valley, one at the north and one at the south. In between there were 11 ravine lots. The plan of subdivision proposes 14 ravine lots and eliminates the open space block at the south end. The recommended Secondary Plan, with the park location adjacent to the Wilmot Creek, allows for 7 ravine lots, a reduction of 4 lots from the existing Neighbourhood Design Pan. While ravine lots attract a premium for the developer, the valleylands access and visibility is an asset to the entire neighbourhood. The Secondary Plan would allow for approximately 10-12 lots that front onto the park which would also attract a premium. Secondary School 11.20 A number of concerns were raised regarding the location of the Secondary School internal to the neighbourhood and the resulting traffic from school buses and other vehicles. The KPR's plans still remain unsettled but the Municipality will ultimately have to be prepared for both schools on this site. The Secondary Plan requires that a traffic management plan be prepared through those future applications to address vehicular, biking and pedestrian flows, access and safety. Stormwater Management Facility 11.21 The studies submitted for the related plan of subdivision did not account for the post development stormwater from the Secondary School Block. As a result the KPR would have been required to provide their own stormwater management solution. This is not the usual approach for newly developing neighbourhoods which contain centralized stormwater ponds. The policies of the secondary Plan now require that the east stormwater pond be sized to accommodate post -development flows from the school site but provide for the future reimbursement of the additional costs to enlarge the pond at the time the school site develops. 11.22 There is also some uncertainty as to whether the west stormwater management pond is sized sufficiently. As further detailed studies are completed, there may be a loss in the number of units that can be built. The proposed ponds and the surrounding Low Density Residential Area can be adjusted through the development process without an amendment to the Land Use Map contained in the Secondary Plan. Municipality of Clarington Report PSD -068-18 Page 17 Local Corridor Land Uses 11.23 The purpose of establishing Local Corridors in Clarington Official is to structure growth and to meet the population and housing targets established by Clarington. Encouraging higher densities in key areas further support transit initiatives and build a critical mass to support the expansion of transit services. Higher densities also alleviate consumption of agricultural land, support climate change initiatives, and provide a range of housing choices. 11.24 The original proposal from the applicant for the Medium Density Area was for a condominium townhouses for approximately 105 units. More recently, there has been consideration of a development of a seniors facility combining assisted living and apartments for approximately 250 units. Both are appropriate land uses for the Local Corridor Area. The maximum permitted height would be 5 stories. 11.25 There are four single detached houses located along Durham Highway 2, which over time would be considered for redevelopment of some sort. The proposed Secondary Plan provides for the single detached home at 3382 Highway 2 located west of the tributary to the Wilmot Creek to be developed for Medium Density uses. The concern is that this is this parcel is left stranded without servicing options. On the other hand, the developer has no interest in acquiring more land. The recommended Secondary Plan now designates the site for mixed use, which would be somewhat easier to develop independently e.g. an office. 11.26 The three single detached houses located west of Rudell Road on Durham Highway 2 are allowed to develop for Mixed Uses provided that all three properties are consolidated into one parcel. The relatively narrow depth and limited size make these properties difficult to redevelop without consolidation to provide for coordinated access. Due to the signals at the Rudell Road and Durham Highway 2 intersection, access may be restricted to right-in/right-out movements. 12. Concurrence Not applicable. 13. Conclusion Council's adoption of the Foster Northeast Secondary Plan will provide the land use guidance for the development and redevelopment of this portion of the Foster Neighbourhood. Municipality of Clarington Report PSD -068-18 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Page 18 Andrew C. Allison, B.Comm LL.B Chief Administrative Officer Staff Contact: Carlo Pellarin, Manager of Development Review, 905-623-3379 ext. 2407 or Bob Russell, Planner 905-623-3379 ext. 2421 or brussellC�clarington.net. Attachments: Attachment 1 — 2010 Neighbourhood Design Plan Attachment 2 - Official Plan Amendment No. 117 Attachment 3 — Letter from Newcastle Village District Historical Society Attachment 4 — Letter from ACO — Clarington Branch The list of the interested parties to be notified of Council's decision is on file in the Planning Services Department DJC/CP/tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\COPA-Official Plan Amend ment\2017\COPA2017-0004 Foster Northwest SP (See S -C-2017-0005 And ZBA2017-0007)\Staff Report\PSD-068-18. Docx 1�t�irrrrrr�r�FFfI� j e G �; PptOFESY tOi�i�lf •F[tr ��i - C�glOiaaL PIF' ' ►� � � � - PROPOSED S70% N.^:EF VAMP EM='1 FACLFFY FOR SL eu :•s i;v BT -89055 FHE KTNGY NI RH AY NO. 2- � I LEGEND F7EP PROTECTION AREA EXISTING RESIDENTIAL AREAS E41PUBLIC SECONDARY SCHOOL SWM STORM WATER MANAGEMENT FACILITY OS OPEN SPACE RESIDENTIAL DEVELOPMENT AREAS 7,Om STREET TOWNHOUSE 10.Om SINGLE DETACHED UNIT 12.Om SINGLE DETACHED UNIT 15.OIn SINGLE DETACHED UNR ®P PARK ®HERITAGE DWELLING AREA [FUTURE DEVELOPMENT SUBIEOT TO HEWW0.,E IMPACT ASSESSMENT] i POTENTIAL FUTURE NEIGHBOURHOOD CORNER STORE NEIGHBOURHOOD BOUNDARY PROPERTY OWNERSHIP COLLECTOR ROADS - LOCAL ROAD ARTERIAL ROADS • • PROPOSED TRAILS APPROVED APPROVED POR THE Put E OF MAKING AN APPLICATION FOR A PIAN 0 ISION UNDER SI 51 OF THE PLANNING 2 WAP 201D REWSEO AS PER CIRCUUI✓ON COMMENTS 1 WAY ZOOS RE45EC TO ADD SECONDARY SCHOOL BLOCK ND. DAIS REVISION >i RENSIONS FOSTER NORTHWEST NEIGHBOURHOOD DESIGN PLAN DATE: LAND USE PLAN O.G. Biddle 6 A■mocietes Limited cv_luft[-q =_ Ole nn 0'* 96 KING STREET EAST OSHAWA,ON L1H 1B6 PHONE (905)576-8500. FAX (905)578-9730 :0c■dQ6iddl..4" NO- 105108 1 DWG.NQ.3 wsRNO PRO oso TONAL L❑19 OENSBY SNOLE OETWHED f5m 7 29 56 SIRCLE DETACHED 12m 0 Ire 9i SINDLE DETACHED tam ❑ 193 195 sue -TOTAL 7 sxs 3.150 11EXw DENSRY STREET TOWIWOJSES 0 152 152 BLOCK TOWMHDIISES 0 0 0 LOW RISE APARTMEM D 0 0 SUB -TOTAL 0 152 152 W444 DENSTY APARTMENTS 0 0 ❑ WfENSMATICN APANTI EW IN HOUSES 0 21 21 REDEVELOM ENi 0 D 0 Nnu 0 0 0 LOTS 9 0 ❑ SUB -TOTAL 0 ❑ O TOTAL 7 we Sas LEGEND F7EP PROTECTION AREA EXISTING RESIDENTIAL AREAS E41PUBLIC SECONDARY SCHOOL SWM STORM WATER MANAGEMENT FACILITY OS OPEN SPACE RESIDENTIAL DEVELOPMENT AREAS 7,Om STREET TOWNHOUSE 10.Om SINGLE DETACHED UNIT 12.Om SINGLE DETACHED UNIT 15.OIn SINGLE DETACHED UNR ®P PARK ®HERITAGE DWELLING AREA [FUTURE DEVELOPMENT SUBIEOT TO HEWW0.,E IMPACT ASSESSMENT] i POTENTIAL FUTURE NEIGHBOURHOOD CORNER STORE NEIGHBOURHOOD BOUNDARY PROPERTY OWNERSHIP COLLECTOR ROADS - LOCAL ROAD ARTERIAL ROADS • • PROPOSED TRAILS APPROVED APPROVED POR THE Put E OF MAKING AN APPLICATION FOR A PIAN 0 ISION UNDER SI 51 OF THE PLANNING 2 WAP 201D REWSEO AS PER CIRCUUI✓ON COMMENTS 1 WAY ZOOS RE45EC TO ADD SECONDARY SCHOOL BLOCK ND. DAIS REVISION >i RENSIONS FOSTER NORTHWEST NEIGHBOURHOOD DESIGN PLAN DATE: LAND USE PLAN O.G. Biddle 6 A■mocietes Limited cv_luft[-q =_ Ole nn 0'* 96 KING STREET EAST OSHAWA,ON L1H 1B6 PHONE (905)576-8500. FAX (905)578-9730 :0c■dQ6iddl..4" NO- 105108 1 DWG.NQ.3 Ciarftwa Amendment No. 117 To The Clarington Official Plan Purpose: Attachment 2 to Report PSD -068-18 The purpose of this Amendment is to create a planning framework that will facilitate the development of the northwest portion of the Foster Neighbourhood as a walkable neighbourhood with include low and medium density residential housing, parks, schools and transit supportive, mixed use corridor along Durham Highway 2/King Avenue in Newcastle. The Neighbourhood Plan recognizes and celebrates the history of the area. Location: This Amendment applies to an area within the Foster Neighbourhood in Newcastle. It includes lands on the north side of Durham Highway 2/King Avenue between the Wilmot Creek Valley in the west and Rudell Road in the east. Basis: This Amendment is based upon the study team's analysis of the new Clarington Official Plan (2018 Office Consolidation) and the existing Foster Northwest Neighbourhood Design Plan. It has also been based on studies submitted in support of applications for Draft Plan of Subdivision and Rezoning in this Neighbourhood and input from the Clarington Heritage Committee and other heritage groups. This amendment was presented to the commenting agencies, at a Statutory Open House on August 30, 2018. A Statutory Public Meeting was held on the developer's proposal on November, 2012 and a further Statutory Public Meeting on September 10, 2018. Actual Amendment: Existing Part VI, Section 3 "General Policies for Secondary Plans" is hereby amended by adding a new subsection j) as follows and making appropriate adjustments to the preceding sections: Foster Northwest." 2. Existing Part VI Secondary Plans is amended by adding a new Secondary Plan to Part VI as contained in Schedule 1. 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: Schedule 1 forms part of Amendment No. 117 The provisions set forth in the Municipality of Clarington Official Plan regarding the interpretation of the Plan shall apply in regard to this Amendment. Schedule 1 to Official Plan Amendment No. 117 Secondary Plan Foster Northwest Secondary Plan Municipality of Clarington Official Plan September 10, 2018 Foster Northwest Secondary Plan 1. Introduction 1.1 The Plan's Role As a secondary plan, this Plan provides more specific guidance regarding the uses, intensity and form of development for the Foster Northwest Area. New development will be carried out in accordance with the policies of the Clarington Official Plan and the policies of this Secondary Plan. 1.2 Structure The Foster Northwest Area is one quadrant of the Foster Neighbourhood. The Neighbourhood structure as a whole is outlined in Section 2. 1.3 Plan Area The Foster Northwest Area is bounded by Provincial Highway 35/115 to the northwest, Rudell Road to the east, Durham Highway No. 2 to the south, and the Wilmot Creek valleylands to the west. The Foster Northwest Area is approximately 48 hectares in size. The limits of the Foster Neighbourhood and the Foster Northwest Area Secondary Plan Area are identified in Map A of this Secondary Plan. 1.4 History of the Area The lands along the Wilmot Creek have been frequented by the Mississauga First Nation for centuries to hunt and fish. The Foster Northwest Area includes a significant property, known as Belmont Farm. It was owned by Samuel Street (S.S.) Wilmot and subsequently owned by his youngest son Samuel Wilmot. Both men were prominent in Ontario life. S.S. Wilmot was the Deputy Surveyor for Upper Canada and a member of the House of Assembly. Samuel Wilmot built the first fish hatchery in Canada in an effort to combat the devastation of the fishery in Lake Ontario by early settlement. The Belmont House, located on the east side of the creek along for former Kingston Road, occupies a prominent location in the neighbourhood. 1.5 Former Neighbourhood Plan and Updated Land Uses These lands formerly were subject to a Neighbourhood Design Plan. Under the provisions of the Durham Regional Official Plan, the Foster Northwest Area was identified as an area where a Secondary Plan shall be prepared. This Secondary Plan was prepared to: K Foster Northwest Secondary Plan a) Provide detailed land use policies; b) Address the revised land uses resulting from the purchase of a school site internal to the neighbourhood by the Kawartha Pine Ridge Public School Board; C) Implement the Local Corridor and other polices contained in the Clarington Official Plan; and d) Improve the land use arrangement adjacent to the Wilmot Creek and Belmont House having consideration for the input from various heritage groups. 3 Foster Northwest Secondary Plan 2. Neighbourhood Structure 2.1 Neighbourhoods are self-contained areas with a mix of housing types, land uses and activities. Neighbourhoods are edged either by natural features or the primary road network, giving each neighbourhood a unique identity. The Foster Northwest Secondary Plan applies only to the Northwest quadrant of the Foster Neighbourhood but it implements neighbourhood structure of the Foster Neighbourhood as whole. The components of the Foster neighbourhood that define its urban structure are identified below. 2.2 Housing Neighbourhoods have a mix of low and medium density housing types and mixed-use development where appropriate. Residential densities, lot sizes and building types will vary throughout each neighbourhood. 2.3 Local Corridor The Foster Neighbourhood has a Local Corridor Area through the centre of the neighbourhood. A Local Corridor is an area of higher intensity development along both sides of King Avenue West which provides not only for medium density mid -rise residential uses but also supports neighbourhood convenience commercial functions. 2.4 Natural Corridors The Foster Creek on the east and the Wilmot Creek on the west provide are the defining easterly and westerly boundaries of the Foster Neighbourhood. The Foster and Wilmot Creek valleylands are important natural heritage areas that are to be protected and enjoyed, providing opportunities for trail connections. 2.5 Parks Each of the four quadrants of the Foster Neighbourhood contains parks of various scales. Neighbourhood level parks are located in the north-east, north-west and south-east quadrants. The neighbourhood park in the north- west quadrant will provide a heritage interpretation opportunity for the community. The Community Park, including the Diane Hamre Recreation Complex, occupies the greater portion of the south-west quadrant. This park provides higher order park and indoor recreation facilities to the entire Newcastle urban area and surrounding rural areas. 0 Foster Northwest Secondary Plan 2.6 Schools The Foster Neighbourhood is intended to have both public and separate elementary schools. The Neighbourhood is also the site of a future Secondary School intended to serve residents of Newcastle, Orono and surrounding rural lands. 5 Foster Northwest Secondary Plan 3. Goals &Design Principles 3.1 Goals for This Plan 1. To create a safe, walkable residential area connected to nature. To provide a range housing appropriately located and designed in order to 2. meet the evolving housing needs for approximately 700 households upon full build out 3. To celebrate the cultural heritage of the area with the recognition of the Belmont House, the Newcastle Fish Hatchery and the indigenous community. To celebrate the importance of the natural features of the Wilmot Creek as an 4. important design element and a significant feature for the quality of life for local residents. 5 To promote high quality design practices centered on energy conservation, efficiency and environmental sustainability. 3.2 Design Principles for the Foster Northwest Area The Foster Northwest Area Secondary Plan is guided by design principles outlined below: 3.2.1 Green Spaces a) Access to a green environment is important for the health and well-being of residents. b) The neighbourhood park, natural heritage features and stormwater management facilities shall form a connected system. c) The natural heritage system will be protected, enhanced, interpreted and enjoyed. d) The neighbourhood park will be a neighbourhood focal point. e) Stormwater management facilities shall be designed as landscape 0 Foster Northwest Secondary Plan amenities. f) Pedestrian connections adjacent to significant natural features shall be planned to anticipate use and to avoid impact on the identified features' environmental functions. 3.2.2 Cultural Heritage a) The Foster Northwest Area contains the Belmont House, home of the Wilmot family and the site of the first fish hatchery in Canada along the banks of the Wilmot Creek. It is also a site frequented by indigenous people. b) The layout of the streets and the design of the neighbourhood park will celebrate the cultural heritage of this area. 3.2.3 Land Uses a) A diversity in housing types will be provided to achieve the minimum densities stipulated by the Official Plan. b) Development along the Local Corridor will be designed with densities that are transit -supportive and incorporate limited commercial service uses. 3.2.4 Infrastructure a) The neighbourhood design is based on a modified grid system to enable ease of access and improved connections into and through the community. b) Complete streets will be designed have regard for all users: pedestrians, cyclists, public transit and motor vehicles. c) A continuous system of trails for walking and cycling will be constructed. 3.2.5 Environmental Sustainability a) Community design shall incorporate state of the art environmental, energy and water conservation measures designed to minimize the carbon footprint of new development. 3.2.6 Design Excellence a) The buildings, streetscapes, parks and open spaces and infrastructure should be distinctive and aesthetically pleasing. 7 Foster Northwest Secondary Plan 4. General Policies 4.1 Maps A general pattern of development is established through land use designations for the Foster Northwest Planning Area as shown on Map B. The Active Transportation Network is identified on Map C. 4.2 Relationship to Official Plan Unless otherwise specified in the Secondary Plan, development shall be undertaken in accordance with the relevant provisions of the Clarington Official Plan. 4.3 Housing 4.3.1 This Secondary Plan Area provides opportunities for several forms of housing in the Secondary Plan Area: a) The interior part of the Neighbourhood shall be comprised primarily of detached dwellings and very limited street townhouse dwellings. b) The Local Corridor, as shown on Map A shall include the medium -density housing and may include housing in live/work units or in mixed-use buildings. 4.3.2 In order to meet housing affordability and accessibility needs, the Municipality encourages that new residential dwellings be designed to meet the following: a) A portion of the single detached units be designed as fully accessible bungalows; and b) A portion of residential units will be designed with smaller floorspaces to provide for a smaller residential units that contribute to greater affordability. c) A portion of medium density residential units be designed for seniors or special needs housing. 4.3 Cultural Heritage 4.3.1 The design and development of the Foster Northwest Area shall be undertaken in a manner the highlights the important cultural history of this area including indigenous history. Foster Northwest Secondary Plan 4.3.2 The Belmont House will be maintained in a manner that preserves its character and importance as designated property under the Ontario Heritage Act. 4.3.3 The conservation and enhancement of significant cultural heritage resources shall be consistent with the provisions of Chapter 8 in the Municipality of Clarington Official Plan and all relevant Provincial legislation and policy directives. 4.4 Sustainability 4.4.1 The Municipality seeks to minimize the carbon footprint of future development in order to reach a net zero energy requirement in future years. To achieve this new development shall: a) Preserve and enhance tree cover including; b) Where trees and other vegetation is removed through the development process, it will be compensated through new plantings in accordance with Section 9.5; c) Houses will be designed with regard to the Municipality's Priority Green Framework; and d) All housing should be constructed easily provide for future home charging stations for electric vehicles. 601 Foster Northwest Secondary Plan 5 Land Use Policies 5.1 Low Density Residential 5.1.1 Role The majority of the Foster Northwest Area is for lower intensity residential dwellings that integrates with the existing development in the Foster Northeast Area. 5.1.2 Permitted Uses Uses will be fully defined in the Zoning By-law. Generally, the uses permitted in the Low Density Residential Area are: x Etached dwellings; x Oni-detached dwellings; x itnited street townhouse dwellings; x kessory apartments and garden suites; x Group homes; x btne occupation uses; x 4care; x IlRce of worship 5.1.3 Intensity a) Within this area, buildings will be between 1 and 3 storeys unless otherwise specified. b) Development surrounding the Belmont House will be sensitively designed in terms of massing, scale and architectural character. 5.2 Medium Density Residential 5.2.1 Role The Medium Density Residential Area is part of the Local Corridor along King Avenue West. 5.2.2 Permitted Uses Uses will be fully defined in the Zoning By-law. Generally, the uses permitted in the Medium Density Residential Area are: x dwnhouses, stacked townhouses and back-to-back townhouses; X dw-rise to mid -rise apartments; 10 Foster Northwest Secondary Plan x Rirement homes; x Special needs housing; x IlRce of worship; 5.2.3 Intensity a) Within this area, buildings will be between 2 and 5 stories and have a minimum density of 40 units per net hectare. 5.3 Mixed Use Area 5.3.1 Role To provide for convenience commercial services in a mixed use format. A small mixed-use area is identified as part of the Local Corridor on the north- west corner of Ruddell Road and King Street West. 5.3.2 Uses a) Permitted uses include: x Mixed-use buildings x Office buildings x Place of Worship x Community Facility including daycare x Existing single detached dwellings b) Commercial uses that may cause conflicts with surrounding residential uses, such as uses with the outdoor display of goods and materials, drive- throughs, places of entertainment will not be permitted in the implementing zoning by-law. 5.3.3 Intensity a) Any ground floor commercial use will be limited to those that service the convenience needs of the surrounding residential area. Individual stores will be limited in size, generally 300 square metres or less. b) Building heights shall be within a range of 2 to 4 storeys. c) The lands designated Mixed Use must be consolidated into one property prior to any redevelopment in order to create a suitable development block and provide for appropriate entrance locations. 11 Foster Northwest Secondary Plan 5.4 Environmental Protection Area 5.4.1 Role Lands designated Environmental Protection Area recognize the natural heritage system and the associated buffers and setbacks. These lands shall be subject to the Environmental Protection Area policies of the Official Plan. 5.4.2 Uses a) No development shall be permitted in Environment Protection Areas, except: x Low intensity recreation x Uses related to forest, fish and wildlife management x Erosion control 5.5 Heritage Dwelling Area 5.5.1 Role The Belmont House is a historically and culturally significant structure that provides a key organizational element for the Neighbourhood. Information on the Wilmot family, Belmont House and the Newcastle Fish Hatchery is contained in Appendix A. 5.5.2 Use The Belmont House is a designated heritage dwelling under Part IV of the Ontario Heritage Act. It will be will be conserved as a private residence. 5.5.3 Intensity Additions to the rear of the Belmont house may be permitted subject to approval in accordance with the Ontario Heritage Act and provided that the architectural integrity of the building and landscape is not compromised or overwhelmed. The large front lawn will be maintained. 5.6 Parks and Open Space 5.6.1 Parks and Open Space designation shall include lands within thefollowing categories: a) A neighbourhood park; b) Open space c) Storm water management ponds. 12 Foster Northwest Secondary Plan 5.6.2 The Neighbourhood Park, as shown on Map B, shall be established in accordance with the following: a) The neighbourhood park shall be a key focus of the overall community. b) The neighbourhood park shall be located adjacent to the Wilmot Creek valley and the Belmont House. It may include an array of neighbourhood recreational functions and it shall provide heritage interpretation features related to the Belmont House, the Samuel Wilmot Fish Hatchery and indigenous settlement. c) The park shall have a minimum size of 1.20 ha outside of the Environmental Protection and Open Space Areas; d) The neighbourhood park will be part of the parkland dedication required under the Planning Act for the Northwest Foster Area; 5.6.3 Dedication of lands for a neighbourhood park, shall be in accordance with the policies of the Official Plan and the parkland dedication by-law. 5.6.4 Open space areas adjacent to valleylands and Highway 35/115 will be designed appropriately to contribute to the green environment for residents of the neighbourhood in addition to other functional requirements such as noise mitigation and the location of connector trails. 5.6.5 Storm water management ponds will be designed in accordance with the policies of Section 8.2. 5.7 Schools 5.7.1 Role The Foster Northwest Area is the site of a future Secondary School that will provide educational facilities for public secondary students in Newcastle, Orono and the surrounding rural areas of the former Clarke Township. 5.7.2 Uses A secondary school site is permitted within the Secondary Plan as shown on Map A. It is understood that the Kawartha Pine Ridge District School Board may consider a public elementary school site in conjunction with the Secondary School. 5.7.3 Policies for school sites School sites and buildings will be developed in accordance with the following: a) The configuration and size of school sites will be defined in consultation with the school boards in a manner to minimize traffic congestion; b) The school will be designed as an architectural focus that integrates into 13 Foster Northwest Secondary Plan the neighbourhood; c) The Secondary school will be designed with direct pedestrian access from Grady Drive; d) Adequate off-site areas for school bus loading and unloading will be provided in a manner that doesn't impact street traffic; e) Access points designed to minimize conflicts between pedestrian and vehicular traffic and will enhance the aesthetic character of the neighbourhood; f) A segment of the local trail system will be constructed by the School Board at their expense as part of the total integrated trail and pedestrian system serving the school; 5.7.4 Prior to site plan approval, a traffic management plan shall be prepared to the satisfaction of the Municipality to address the anticipated volume of buses and private vehicular traffic of students, teacher and parents, pedestrian traffic including primary access points and the location of school crossings. 14 Foster Northwest Secondary Plan 6. Urban Design Policies 6.1 General Provisions The Secondary Plan is designed based on achieving a walkable community that is diverse in use and population, and has a well-defined and high quality public realm as follows. a) The provision of a clearly defined public realm; b) A highly interconnected pattern of lotting for development blocks; c) Consistent built form; d) Safety, accessibility, shade and comfort in the pedestrian environment; e) Support for bicycle lanes, routes and storage throughout the community; and f) Support for public transit services throughout the community. 6.2 Public Realm 6.2.1 The public realm is comprised of: public roads, open spaces/parks, natural heritage features and their associated buffers, stormwater management facilities, and the public use activity areas of other public lands and private development sites and buildings. 6.2.2 Roads and Lanes Roads and lanes will: a) Provide safe and convenient access for vehicles, pedestrians and bicycles; and b) Be subject to comprehensive streetscape requirements including landscaping, that will provide a comfortable shaded environment for pedestrians 6.2.3 Views and Focal Points The preservation, enhancement and creation of significant views and focal points shall be encouraged by: a) Preserving and enhancing views to natural features including woodlots, topographic features, water bodies and across open spaces; and b) Providing opportunities for views of heritage buildings, open spaces 15 Foster Northwest Secondary Plan and parks, natural heritage features and other landmarks. 6.3 Land Development 6.3.1 Development Blocks and Lots a) All the available urban lands are to be subdivided into a series of development blocks and lots, defined by a modified rectilinear grid system of public roads. b) The size and configuration of each development block will: x Be appropriate for its intended use; x Facilitate and promote pedestrian movement and a variety of routes options; and x Provide a sufficient number and, where appropriate, a range of building lots to achieve cost effective and efficient development. c) Ravine lots are discouraged to allow for visual and physical access to the Wilmot Creek valley throughout the neighbourhood. d) Each development lot in a block will: x Have frontage on a public road; and x Be of sufficient size and appropriate configuration to accommodate development that reflects the planning and urban design policies set out in this Secondary Plan. 6.3.2 Location of Buildings with Respect to Roads and Open Space To reinforce the road and block pattern established by this Secondary Plan, the following measures will be employed: a) Buildings will be aligned parallel to a public road; b) Buildings on corner sites will be sited and massed toward the intersection of the adjoining public roads; c) Siting and massing of buildings will provide a consistent relationship, continuity and enclosure to the public roads; d) Siting and massing of buildings will contribute to and reinforce the comfort, safety, and amenity of the public roads; 16 Foster Northwest Secondary Plan e) Buildings located adjacent to, or at the edge of parks and open spaces, will provide opportunities for overlook onto the parks and open spaces; f) The massing, siting and scale of buildings located adjacent to, or along the edge of a park or open space will create a degree of enclosure or definition appropriate to the type of park or open space they enclose; and g) Buildings of significant public use or architectural merit may be sited to specifically differ from the surrounding urban fabric in order to emphasize their importance as landmarks. 6.3.3 Integration a) Recognizing that the lands adjacent to Highway 2 are designated for higher intensity uses, new development will be designed to minimize privacy and shadow impacts on lower density housing forms internal to the neighbourhood. b) Cultural heritage features will provide context for new development. In new areas, heritage buildings will be incorporated in a sensitive matter. 6.3.4 Location of Building Entrances a) Primary entrances shall be clearly visible and located on a public road frontage or onto public open spaces. b) Access from sidewalks and public open space areas to primary building entrances shall be convenient and direct, accessible with minimum changes in grade. 6.3.5 Parking a) To enhance the quality and safety of the public streetscapes throughout the Secondary Plan Area, the construction of parking lots/structures which occupy significant proportions of the at -grade frontage of public roads shall not be permitted. b) Underground parking shall be encouraged for development sites fronting on to Durham Highway 2. 17 Foster Northwest Secondary Plan 7. Transportation Policies 7.1 General 7.1.1 The transportation network in the Foster Northwest Secondary Planning Area shall be developed in accordance with Map C and standards established through the Official Plan and this Secondary Plan. It shall include public roads, transit, and bicycle and pedestrian routes and facilities. 7.1.2 Minor revisions to transportation routes to incorporate design features such as streetscaping, bicycle lanes, traffic calming measures and bikeways may be made without further amendment to this Secondary Plan, provided that the principles of neighbourhood permeability and inter -connectivity are maintained to the satisfaction of the Municipality. 7.2 Road Network Polices 7.2.1 Road classifications and right-of-way requirements shall be consistent with Appendix C of the Official Plan with the exception of the policies contained in Section 7.2. Design details shall be confirmed through the Traffic Studies submitted in support of development applications. 7.2.2 Durham Highway No. 2 is a designated Type A arterial road subject to the policies of the Official Plan. However the adjacent lands are designated Local Corridor. Cycling and pedestrian movements will be important to serve medium density and convenience commercial uses. The following exceptions to the Road Classification Criteria contained in Appendix C of the Official Plan apply: x Travel speed is 60 km/hour; x Private access locations may generally be located at an interval of 80 metres but may be less for access to medium density residential areas; x Combined or shared access is promoted; x Minimum intersection spacing is 150m; x Right-of-way width is 36 metres; 7.2.3 The Region is encouraged to install traffic calming measures prior to entering the urban area to create a safe environment for pedestrians. 7.2.4 The design of all roads within plans of subdivision shall implement the recommendations of the trafficstudies submitted in support of development applications, including recommendations for traffic calming measures. W. Foster Northwest Secondary Plan 7.3 Public Transit 7.3.1 The Municipality will encourage Durham Transit and Metrolinx, to improve transit service along the Durham Highway 2 corridor and throughout the Newcastle Urban Area. 7.3.2 To facilitate the development of a transit supportive urban structure, the following measures shall be reflected in development proposals, including the subdivision of land: a) Provision of greater residential and employment densities along the Local Corridor; b) Provision of a local road pattern and related pedestrian routes that provide for direct pedestrian access to existing and potential transit routes and stops; 7.4 Active Transportation System 7.4.1 The Active Transportation system identified on Map C is an essential part of the Municipality's integrated sustainable transportation network. The active transportation system incorporates: a) Major sidewalks and minor sidewalks. b) bicycle lanes and multi -use paths. c) valley trails. d) connector trails. 7.4.2 Major and minor sidewalks are defined by the anticipated volume of pedestrian traffic accessing schools, parks, access to transit stops and higher density areas. Major sidewalks, generally located in the vicinity of schools or along Durham Highway 2, will have a greater width and opportunities for pedestrian rest areas. 7.4.3 Future locations for bicycle lanes or multi -use paths are identified with an emphasis on safe passage to parks, schools and the GO commuter lot. Future studies will determine the appropriate options to best accommodate cyclists. 7.4.4 Valley trails will be designed to connect to a broader trail network along the Wilmot Creek providing access to the natural environment, connections to the waterfront and opportunities for natural and cultural interpretation 7.4.5 Connector trail will be designed to provide east -west connectivity from the valley trail system on an open space alignment separated from traffic. 19 Foster Northwest Secondary Plan 7.5 Parking 7.5.1 Subject to the findings and recommendations of a traffic study, on -street parking may be approved at certain locations for specified times of the day to satisfy a portion of the parking requirements of adjacent non-residential development. 20 Foster Northwest Secondary Plan 8. Municipal Services 8.1 All new development within the Secondary Planning area shall proceed on the basis of the sequential extension of full municipal services in accordance with the municipal capital works program. 8.2 The Stormwater Management Facilities shown on Map B of this Secondary Plan shall be designed based on the following considerations: a) Low impact development techniques should be considered to minimize stormwater pond requirements; b) Stormwater facilities will be designed to maintain environmental and ecological integrity, and to provide a net benefit to the environment; c) Stormwater facilities will be designed as a natural heritage feature and aesthetic amenity for the neighbourhood; d) The Stormwater ponds shall be sized and designed to accommodate drainage for the entire Foster Northwest area including the secondary school site; and e) The stormwater pond beside the Wilmot Creek will be designed to provide an entrance feature to Newcastle and integrate with the interpretation of the historic Wilmot fish hatchery. 21 Foster Northwest Secondary Plan 9. Implementation 9.1 General 9.1.1 This Secondary Plan shall be implemented in accordance with the provisions of the Planning Act, other applicable Provincial legislation, and the provisions of the Municipality of Clarington Official Plan. 9.1.2 Phasing of development, will be implemented as required by the Municipality of Clarington. 9.1.3 Development within the Secondary Plan Area shall be consistent with programs intended to reduce the consumption of energy and water and to promote waste reduction. 9.2 Capital Works 9.2.1 The capital works program for Foster Northwest is generally outlined through the Development Charges Background Study as amended from time to time. Specific timing of works may vary depending on the rate of growth and the Municipality's ability to incorporate required works in its capital budget and forecast. 9.2.2 Prior to the approval of any development, the Municipality of Clarington shall be satisfied as to the availability of sufficient water supply and sewer capacity. 9.2.3 Prior to the registration of any phase of a draft plan of subdivision: a) The Municipality shall have approved any necessary capital works for that phase of development in its capital budget; b) The owner shall have entered into a subdivision agreement with the Municipality of Clarington thatwill identify among other things, the capital expenditures associated with servicing the lands. 9.3 Cost -Sharing Arrangements 9.3.1 Public Schools, parks, storm water management facilities and other infrastructure are located in areas where they best suit the overall plan for this segment of the Foster Creek Neighbourhood. Developers will be required to enter into appropriate private cost sharing agreements to recognize the fair distribution of expenses for infrastructure and facilities in accordance with Section 23.12.7 of the Official Plan. 9.4 Required Studies 9.4.1 The Official Plan identifies the studies, plans, and assessments to be completed to the satisfaction of the Municipality of Clarington and any agency that has WA Foster Northwest Secondary Plan jurisdiction, prior to the approval of development applications. Additional study requirements may be identified by the Municipality as development within the Secondary Plan Area proceeds. 9.5 Tree Compensation 9.5.1 All trees are important for their aesthetic and environmental benefits. Every opportunities will be utilized to maintain and enhance the tree canopy 9.5.2 Any tree to be removed, regardless of the reason and health, shall be compensated for on the Aggregate Inch Replacement basis in a location satisfactory to the Municipality but not necessarily within the boundaries of the Secondary Planning Area. Tree compensation shall be over and above any requirement for street trees, landscaping of private development, parks and storm water management facilities. Shrubs will also be compensated on the basis of a replacement pot size to provide an enhanced natural environment. 9.5.3 Prior to any construction on-site, landowners are required to enter a site specific tree removal and protection agreement and to provide financial securities as a condition of approval to allow for the removal of trees and shrubs on private lands. 9.5.4 Where trees and shrubs are destroyed or harvested pre -maturely prior to proper study and approval, compensation will be based the estimated tree value. 9.6 Architectural Control 9.6.1 The Architectural Control Plan for a plan of subdivision shall incorporate appropriate provisions to ensure the integration and compatibility of the Belmont House in terms of scale, height, and building materials. 23 Foster Northwest Secondary Plan 10. Interpretation 10.1 It is intended that the Foster Northwest Secondary Plan Area be developed in accordance with the policies of this Secondary Plan and the Official Plan of the Municipality of Clarington. Where there is a conflict, the principles, objectives and/or policies of this Secondary Plan shall prevail. 10.2 Inherent to the Foster Northwest Secondary Plan is the principle of flexibility, provided that the general intent and structure of the Plan are maintained to the satisfaction of the Municipality. As such, it is the intent of the Municipality to permit some flexibility in the interpretation of the policies, regulations and numerical requirements of this Secondary Plan except where this Secondary Plan is explicitly intended to be prescriptive. 10.3 The boundaries between land use designations are to be considered approximate except where they meet with roads, river valleys or other clearly defined physical features. Where the general intent of this Secondary Plan is maintained, to the satisfaction of the Municipality, minor boundary adjustments will not require an amendment to this Secondary Plan. 10.4 Defined terms in this Secondary Plan relate to terms defined in the Clarington Official Plan. 24 Foster Northwest Secondary Plan Appendix 1 Samuel Wilmot and the Newcastle Fish Hatchery Samuel Wilmot was born on August 22nd, 1822, at Belmont � Farm in Clarke Township, Upper Canada, now part of the community of Newcastle, Ontario. His father, Samuel Street Wilmot, belonged to a prominent New Brunswick loyalist family. He moved to Upper Canada in 1796 and became the Deputy Surveyor of Upper Canada and while in this role he surveyed Clarke and Darlington townships and the road from Kingston to Toronto. He was also a member of the House of Assembly, and a prosperous farmer. S.S. Wilmot purchased approximately 400 acres of land west of Newcastle and built the original Belmont House. His youngest son, Samuel Wilmot, was educated at Upper Canada College (1830-34). When his father died in 1856, he took over the management of the farm in addition to carrying on a general merchandising business in Newcastle. He served for some years on the council of the Agricultural and Arts Association of Ontario; in 1879 he became its president. He was also active in local government. From 1850 to 1854 and 1862 to 1868 he was the municipal clerk in Clarke Township; in 1859-61 and 1869-70 he sat as a member of the township council; and from 1871 to 1877 he held the office of reeve. In 1871 he was warden of the united counties of Durham and Northumberland. He was appointed a justice of the peace in 1856 and was an officer in the Durham militia from 1847 to the 1870s. However, it is his work in the artificial breeding of salmon for which he is most widely known. Wilmot became the driving force behind the development of the hatchery system in Canada. Wilmot's farm was situated on what became known as Wilmot Creek. The creek was a noted spawning stream for Lake Ontario (Atlantic) salmon and figured prominently in the lives of First Nations people and early settlers. However, overfishing and degradation of shoreline by tree cutting and grazing had severely damaged the fishery as early as the beginning of the nineteenth century. Indeed, legislation was passed in 1806 forbidding the netting of fish in the creeks of the district. This effort proved unsuccessful and by the 1850s the runs of salmon in the creek, and in other salmon streams on Lake Ontario, had been greatly depleted. Samuel Wilmot became interested in the possibility of restocking the stream by means of artificial propagation. In 1866 he built an experimental hatchery and succeeded in hatching the spawn from four salmon. The humble beginnings of his work can still be seen in the basement of Belmont House, where a small water course was constructed. Encouraged by Wilmot's success, he received support for his efforts from the federal government. Ontario's first full scale hatchery was developed on the site in 1868. Foster Northwest Secondary Plan In July of 1868, Wilmot was appointed to the Department of Marine and Fisheries as a fishery overseer with special responsibility for operating the hatchery. On 1 July 1876, Wilmot was made superintendent of fish culture, a position he held until his retirement on 1 April 1895. He was charged with the construction and management of a system of 15 hatcheries across Canada and with the planting of hundreds of millions of fry annually. In addition, he advised the government on fishery regulations and pollution. In 1892-93 he carried out extensive investigations into the fisheries of British Columbia and the Great Lakes. Wilmot did not discover the process of artificial propagation of fish. The basic techniques had been known in Europe for at least a century and a government fish hatchery had been established in France in 1851. In British North America experiments with artificial propagation had already been conducted by Richard Nettle, superintendent of fisheries for Lower Canada. Wilmot did, however, develop apparatus and techniques for hatcheries that were widely copied in North America. His equipment was awarded medals by the Societe Nationale d'Acclimatation of France in 1872 and by the International Fisheries Exhibition at London in 1883. Although the technical operation of hatching fish was a success, even the massive plantings of fry could not maintain salmon stocks in the face of continuing environmental degradation and overfishing. Wilmot recognized the importance of environmental change in the decline of the Lake Ontario salmon and argued that the hatchery program was only an adjunct to the strict enforcement of a system of closed seasons which would allow natural reproduction of fish populations. Unfortunately, Atlantic Salmon, the species which Wilmot began working with, never regained its original status. The last Atlantic Salmon was taken from Lake Ontario in 1898. Wilmot Creek remains an important fishery but the salmon ones sees in Wilmot Creek today are Pacific Salmon (Coho or Chinook) introduced to Lake Ontario in later years to control alewife and carp populations. Samuel Wilmot died on May 17t", 1899. The hatchery he founded continued to operate until 1914 and was successful at introducing a variety of game species into Ontario waters. An historic plaque located just south of the family homestead at Belmont House commemorates the site and Wilmot's efforts. Acknowledgments. The majority of the above text was taken from the Dictionary of Canadian Biography and edited for chronology and space. E 0 0 • * 4111� 40 i WhEtehand Drive Buckles Np [oun X E Monroe Street Grady Drive Grady hni`e 1 0 ll �r lip drew Strep I r . = Gornme Avenue m '+ f x • / ♦I � � 3 � m y , Laney roe 5Y eft � ..°rga Senear 3 Flo" avenue s c " ilmD!"5lreet � + 1 g Gusul Avenue $ t ° Avenue Lavrkin Durharim'Fighway'2• - �`�'� n 9: Road illlianCrasc.tit r ��- ,, EShe wra ' F°etw Geek Drive Y � u `Cp 3 Np Caroline Street 1 Stanford I u Edward Suet Cresoem v A , � oe � �1 Edward Street $ w Ddnt6star Lresowt Edward Street n 1 _ —� o_ E: 'o � c Hart Boulevard z ; lames Sweet Hart Court ; Suruet Boulevard z It°heH Street Sunset Soutevard V + � � Sunset 8ouievard - - 401 Lakeview Road -- — - - LEGEND /V MAP A secondary Planning Area I_NP Neighbourhood Park GO Bus Commuter Station NEIGHBOURHOOD STRUCTURE Foster Neighbourhood Boundary 0 Elementary School Valleylands FOSTER NORTHWEST SECONDARY PLAN ® Downtown Secondary School Storm Water Management Ponds SEPTEMBER, Pala iV Community Park Significant Heritage Site Urban Trails Canadian pac�P" adway z'44 �� 11ti5 Grady Drive Belmont Avenue O l7 Flood "Avenue HDA a LEGEND /V MAP B Secondary Planning Area � School SwF Stormwater Management Facility LAND USE Low Density Residential Park FM -1 Heritage Dwelling Area FOSTER NORTHWEST .� SECONDARY PLAN Medium Density Residential Open Space , SEPTEMBER, 2018" Prominent Intersection Mixed Use Environmental Protection Area LEGEND Secondary Planning Area Type A Arterial Road Collector Road Local Street I rj Ca�ad�a� Pacific- P_ onlay Grady Drive j — Valley Trail --- Connector Trail — — Bike Lanes 1 Multi -Use Path 46C GO Bus Station • r_j 70. .1 m' MAP C Existing Transit Stop `V TRANSPORTATION Future Transit Stop FOSTER NORTHWEST !• Stormwater Management Facility SECONDARY PLAN SEPTEMBER, 2018 June 10, 2018 Newcastle Village and District Historical Society Unit 3 • 20 King Avenue West • Newcastle • Ontario L18 1 H7 • newcastlehistorical.ca To: Mayor Foster and to members of Municipal Council, For some time now, members of the Clarington Heritage Committee and the Newcastle Village and District Historical Society have been working to establish a basis for the creation of a Heritage Park in the area of historic Belmont House, east of Wilmot Creek. We view this to be an important mission to preserve the link between the Creek and Belmont House and the history of the Newcastle Fish Hatchery. We, in the Society, were alarmed to see the development plan currently under review by Planning staff which, if approved as applied for, would see Belmont House virtually cut off from any link to the Creek. It seems to us the historic importance would be lost if the development plan was allowed to go ahead without significant recognition of early salmon fish breeding facility located on the east bank of the Creek. As well, this was the site of one of Canada's first Museums dedicated to fishery and, farther back than our recorded history, the Creek served as the fishing grounds of Indigenous peoples. A number of artifacts have been unearthed in the area immediately east of the Creek. The Heritage Impact Assessment completed in November, 2014 does not address this area, only the north side of Given Road and the immediate environs of Belmont House. More work needs to be carried out so that a more detailed plan can be worked out with Planning staff, including an all-important pedestrian link running north from Highway 2 along the east bank of the Creek. We urge Council to table the matter to permit more research and plan development so that this one-time opportunity not be lost to development insensitive to the cultural and heritage aspects of this important part of Newcastle. We have met with and briefed the area Councillors and the Director of Planning and his staff. We intend to meet with representatives of the local/nearby Indigenous peoples to engage their interest. Sincerely Bob Malone, Myno Van Dyke, Immediate Past President and Director, NVDHS Vice -President and Director, NVDHS Pride in Yesterday - Pride Today - A Proud Tomorrow Claringto n Municipality of Clarington Mayor Foster and Council members: Please note the following excerpt from the Minutes of June 18, 2018. ACO Clarington branch members offer this in support of the proposed Wilmot Creek Heritage Park. Robert Malone mentioned at the last ACO meeting the joint CHC/NVDHS proposed plan for a Wilmot Creek Heritage park adjacent to the Belmont House. He told us about the Belmont House and Wilmot Fishery histories, Canada's first museum on the site, and the connection to the Mississauga Indians that are part of the Ojibwa Nation at Alderville. Robert, on behalf of these associations, is seeking support in principle for the park asking the ACO to support the initiative in a statement to council. We thanked him for the presentation and told Robert that we would need to discuss this further at our next meeting of June 18th. Some discussion followed on the issue. Moved that: The Architectural Conservancy of Ontario Clarington Branch supports the efforts of the Clarington Heritage Committee and the Newcastle Village and District Historical Society to encourage and work with the Municipality of Clarington to create the proposed Wilmot Creek Heritage Park located immediately east of Wilmot Creek, north of Highway 2, in Newcastle, Ontario. Moved by: Jason Moore Seconded by : Scott Story Motion Carried. This letter of support is offered to be included in the material presented to Council at the P & D meeting of Monday, June 25th, 2018. Respectfully, Bernice Norton, ACO Clarington Branch Secretary. June 19, 2018 Clarftmn 41*4-t- 1 1r1 1 1 ipy it APPENDIX 1 What about Secondary Agricultural and Non -Agricultural Uses in the Countryside? Primary Use in the Countryside Agriculture is the primary use in the countryside. Any secondary uses need to be made with the primary use in mind. While there may be demand for other uses they should be viewed through the lens of how they are going to affect normal agricultural practices and if they are compatible. Demand The Draft 2012 Provincial Policy Statement says that agricultural uses, agriculture -related uses, on farm diversified uses and normal farm practices should be protected and promoted in accordance with provincial standards. Clarington's agricultural lands have been facing increasing development pressures due to their location on the eastern edge of the GTA. Access to major transportation routes and markets offers the opportunity for the development of secondary agricultural uses such as on-farm processing of value-added products and agri- tourism that will have the potential to increase the viability of some agricultural operations. In consultation with the Agricultural Advisory Committee of Clarington the addition of accessory, secondary and non-farm (non-agricultural) uses beyond those that are already permitted, should be considered with caution. Some uses could hinder or disturb adjacent farm operations. Issues: Scale —generally small scale not an issue Special events/non-farm related uses Compatibility with surrounding agricultural and rural residential uses Existing Policies Currently the Clarington Official Plan states that non-farm uses are to be directed to settlement areas. Agriculture Areas are to be used only for farm and farm -related uses, including the Use of land, buildings, and structures for nurseries, the growing of crops and the raising of livestock. Home-based occupations, limited home industry use, and seasonal farm produce stands for local produce are also permitted uses. Farm -related industrial/commercial uses, home-based occupations, and home industry uses such as riding and boarding stables, dog kennels, farm produce outlets, and sod farms are allowed. Countryside Discussion Paper—August 2013 65 rsp Framework for decision-making for agri-related secondary uses and non -agriculture uses In dealing with diversification of uses in the countryside, the following principles should be used to determine what constitutes an acceptable diversified and/or secondary use: a. The right to farm, including the right of an adjacent property to farm. b. Protection of the agricultural land base (e.g. parcel size, fragmentation). c. Protection of the integrity of agricultural lands for farming (e.g. does the use require the soil nutrients to be a viable use). d. Main purpose of allowing on-farm diversified uses is to increase financial returns for farmers and as a result improve the viability of farming. e. On-farm diversified uses and value-added activities must not detract from the primary agricultural function. f. The potential for land use conflicts that may arise from the allowing of non-farm (non- agricultural) uses should be minimized (e.g. traffic impacts, nuisance). g. Allowing non-agricultural uses in the countryside should not negatively impact the financial situation of adjacent farms. h. Given the diverse rural countryside, controls for scale and impact should be considered on a case-by-case basis for secondary non-agricultural uses (e.g. zoning amendment). Council requested staff consult on secondary agricultural and non-agricultural uses as part of the Official Plan Review: "WHEREAS the Clarington Planning Services Department will be holding public meetings in rural Clarington as part of the Municipality's "Public Engagement Strategy" component of the Official Plan Review to gather feedback for the Natural Heritage Systems and the Rural Countryside Discussion Papers; WHEREAS it is time to address the needs of rural landowners, including both farmers and rural property owners, by amending Clarington's Zoning By-law to consider for greater flexibility that reflects the modern reality that many agriculturally and rurally based operations in Clarington now include various secondary uses; WHEREAS a "Zoning amendment to cover rural areas" has already been identified as an objective in the Part ll, "Planning for the Countryside" component of the Official Plan Review process in order to conform with Amendment 114 to the Region of Durham Official Plan, the Greenbelt Plan and the Provincial Policy Statement, 2005; AND WHEREAS promoting efficient government resource management is a desirable policy objective; Countryside Discussion Paper—August 2013 66 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Ministry of Agriculture, Food and Rural Affairs Publication 851 1 4 �r" Ontario FEN Editor Arlene Robertson, Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) Author Helma Geerts, MSc, MCIP, RPP OMAFRA Acknowledgements The author would like to thank the dedicated municipal and OMAFRA planners who contributed invaluable insights and experiences to the development of the guideline. Special thanks to Drew Crinklaw and Jackie Van de Valk (OMAFRA) and Barbara Adderley from the Ministry of Municipal Affairs (MMA) for their considerable support on this project. Need technical or business information? Contact the Agricultural Information Contact Centre at 1-877-424-1300 or ag.info.omafra@ontario.ca A complete listing of all OMAFRA products and services are available at ontario.ca/omafra To obtain copies of this or any other OMAFRA publication, please order: • Online at ontario.ca/publications • By phone through the Service0ntario Contact Centre Monday to Friday, 8:30 a.m. to 5:00 p.m. • 416-326-5300 • 416-325-3408 (TTY) • 1-800-668-9938 Toll-free across Canada • 1-800-268-7095 TTY Toll-free across Ontario Disclaimer This document is for informational purposes only. It is intended to serve as a guide to the Provincial Policy Statement, 2014, and not as expert advice. Published by the Ministry of Agriculture, Food and Rural Affairs @ Queen's Printer for Ontario, 2016 Toronto, Canada ISBN 978-1-4606-8527-3 (Print) ISBN 978-1-4606-8528-0 (HTML) ISBN 978-1-4606-8529-7 (PDF) CONTENTS 1. INTRODUCTION................................................................................................. 1 1.1 Purpose and Scope of the Guidelines.................................................................................. 1 1.2 Ontario's Prime Agricultural Areas....................................................................................... 1 1.3 Objectives and Criteria for Permitted Uses........................................................................... 2 1.4 Principles of Permitted Uses............................................................................................... 3 1.5 Municipal Consistency........................................................................................................ 4 1.6 Relationship to Provincial Plans.......................................................................................... 4 2. PERMITTED USES............................................................................................. 5 2.1 Agricultural Uses................................................................................................................ 5 3.1.1 2.1.1 PPS criteria for Agricultural Uses............................................................................. 5 3.1.2 2.1.2 Examples of Agricultural Uses............................................................................... 10 3.1.3 2.1.3 Examples of Uses that Would Typically Not be Agricultural Uses ............................. 11 2.2 Agriculture -Related Uses................................................................................................. 11 Preliminary Assessment....................................................................................... 2.2.1 PPS Criteria for Agriculture -Related Uses............................................................... 11 Demonstration of Need........................................................................................ 2.2.2 Examples of Agriculture -Related Uses................................................................... 16 Alternative Locations............................................................................................ 2.2.3 Examples of Uses that Would Typically Not be Agriculture -Related Uses ...................17 3.2.4 2.3 On -Farm Diversified Uses..................................................................................................17 2.3.1 PPS Criteria for On -Farm Diversified Uses...............................................................17 2.3.2 Examples of On -Farm Diversified Uses.................................................................. 22 2.3.3 Examples of Uses that Would Typically Not be On -Farm Diversified Uses ................. 23 2.4 Categories of Permitted Uses............................................................................................ 24 2.5 Implementation............................................................................................................... 28 2.5.1 Official Plans....................................................................................................... 28 2.5.2 Zoning By-laws..................................................................................................... 28 2.5.3 Site Plan Control.................................................................................................. 29 2.5.4 Development Permits........................................................................................... 30 2.5.5 Lot Creation......................................................................................................... 30 2.5.6 Municipal By-laws................................................................................................ 30 2.5.7 Building Permits................................................................................................... 30 3. BEYOND PERMITTED USES.............................................................................. 33 3.1 Settlement Areas and Prime Agricultural Areas.................................................................. 33 3.1.1 Preliminary Assessment....................................................................................... 33 3.1.2 Alternative Locations............................................................................................ 34 3.1.3 Impact Mitigation................................................................................................. 36 3.2 Limited Non -Agricultural Uses in Prime Agricultural Areas ................................................... 38 3.2.1 Preliminary Assessment....................................................................................... 39 3.2.2 Demonstration of Need........................................................................................ 40 3.2.3 Alternative Locations............................................................................................ 40 3.2.4 Impact Mitigation................................................................................................. 41 4. FREQUENTLY -ASKED QUESTIONS..................................................................... 43 4.1 General...........................................................................................................................43 4.2 Compatibility Issues......................................................................................................... 44 4.3 Agriculture -Related Uses................................................................................................... 45 4.4 On -Farm Diversified Uses.................................................................................................. 45 TABLES Table 1: Criteria for permitted uses in prime agricultural areas.......................................................... 3 Table 2: Categories of uses permitted in prime agricultural areas provided Examples of agriculture -related uses provided all PPS criteria are met ............................... 16 allPPS criteria are met.................................................................................................... 25 Table 3: Components of on-farm diversified uses on a small farm ................................................... 53 Table 4: Components of on-farm diversified uses on a medium farm ............................................... 54 Table 5: Components of on-farm diversified uses on a large farm .................................................... 55 Table 6: Components of multiple permitted uses on 19 ha farm ..................................................... 57 FIGURES Figure 1: Examples of agricultural uses provided all PPS criteria are met .......................................... 10 Figure 2: Examples of agriculture -related uses provided all PPS criteria are met ............................... 16 Figure 3: Examples of on-farm diversified uses provided all PPS criteria are met ............................... 23 Figure 4: Clustering of farm buildings.............................................................................................. 29 Figure 5: Example of on-farm diversified uses on a small farm ......................................................... 53 Figure 6: Example of on-farm diversified uses on a medium farm ..................................................... 54 Figure 7: Example of on-farm diversified uses on a large farm.......................................................... 55 Figure 8: Example of multiple permitted uses on 19 ha farm............................................................ 57 APPENDICES Appendix 1: PPS 2014 Policies and Definitions............................................................................... 47 Appendix 2: Area Calculation Examples for On -Farm Diversified Uses ............................................... 53 Appendix 3: Example of an Existing Farm with a Combination of Permitted Uses .............................. 57 IV 1. INTRODUCTION 1.1 Purpose and Scope of the Guidelines The Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas will help municipalities, decision - makers, farmers and others interpret the policies in the Provincial Policy Statement, 2014 (PPS) on the uses that are permitted in prime agricultural areas'. It comprises the provincial guidelines referred to in Policy 2.3.3.1 of the PPS. This document provides guidance on: • agricultural, agriculture -related and on-farm diversified uses described in Policy 2.3.3. of the PPS • removal of land for new and expanding settlement areas (PPS Policy 2.3.5) and limited non-agricultural uses in prime agricultural areas (PPS Policy 2.3.6) • mitigation of impacts from new or expanding non-agricultural uses (PPS Policy 2.3.6.2) Relevant policies and definitions from the PPS referred to in these guidelines are included in Appendix 1. These guidelines are meant to complement, be consistent with and explain the intent of the PPS policies and definitions. Where specific parameters are proposed, they represent best practices rather than specific standards that must be met in every case. These parameters are based on the judgement and experience of the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) and the Ontario Ministry of Municipal Affairs (MMA) as well as consultation with municipalities and stakeholders on how to be consistent with PPS policies. PPS Policy 2.3.3.1 In prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture -related uses and on-farm diversified uses. Proposed agriculture -related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on guidelines developed by the Province or municipal approaches, as set out in municipal planning documents, which achieve the same objective. AOL AOL 1.2 Ontario's Prime Agricultural Areas Ontario's prime agricultural land is a finite, non-renewable resource comprising less than 5% of Ontario's land base. It is the foundation for food, fibre and fur production, the local food economy, agri-food exports, economic prosperity and the growing bio -based economy. The PPS states that Ontario's prime agricultural areas shall be protected for long-term use for agriculture and defines prime agricultural areas as areas where prime agricultural lands predominate. Planning authorities (e.g., municipalities) are required to designate prime agricultural areas in their official plans, including specialty 'Words in italics are defined in Appendix 1 in accordance with the PPS. 2The term "designate" is not defined in the PPS. The province's preferred approach to designating prime agricultural areas in official plans, and one that is followed by most municipalities, is to have "agriculture" or "prime agricultural area" as a category of land use identified on a land use schedule or map with corresponding policies in the official plan. Other approaches that achieve the same objectives of 1) mapping the lands and 2) through policies, provide for their protection and identify permitted uses, may also be acceptable. H Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas crop areas, Canada Land Inventory Classes 1, 2 and 3 land, associated Classes 4-7 land and additional areas where there is a local concentration of farms which exhibit characteristics of on-going agriculture. Controlling the types and scale of uses that are permitted in prime agricultural areas is a key way of protecting Ontario's best farmland. Application to Rural Lands These guidelines focus on the land uses permitted in prime agricultural areas, but they also have relevance for rural lands. Policy 1.1.5.8 of the PPS states that "agricultural uses, agriculture -related uses, on-farm diversified uses and normal farm practices should be promoted and protected on rural lands in accordance with provincial standards." In this context, the provincial standards include the PPS policy that these guidelines support. Permitted uses on rural lands are more permissive than in prime agricultural areas. The province's Introduction to the Provincial Policy Statement, 2014: Rural Ontario provides more detail (ontario.ca/cvg5). 1.3 Objectives and Criteria for Permitted Uses The criteria for the uses permitted in prime agricultural areas are specifically derived from PPS policies and definitions. They revolve around two key objectives: 1. maintaining the land base for agriculture (PPS Policy 2.3.1) 2. supporting a thriving agricultural industry and rural economy (PPS Vision and PPS Policy 1.1.4) These objectives may at times compete with each other. These guidelines are intended to help decision -makers balance the objectives. This can be done by ensuring all applicable criteria are met for the permitted uses. Table 1 summarizes the specific criteria for agricultural, agriculture -related and on-farm diversified uses. The crirteria cover all key descriptors referred to in Policies 2.3.3.1, 2.3.3.2 and 2.3.3.3 of the PPS and the applicable PPS definitions. Each criterion is discussed in detail in these guidelines. rp; These guidelines focus on meeting the PPS policies and definitions of permitted uses for land use planning purposes. This focus may be different from the categorization of land uses for tax assessment purposes. Users of this document should be aware that a change in land use may result in a change in tax assessment. More information on tax assessment may be obtained from the Municipal Property I Assessment Corporation. New buildings or additions or modifications to or changes in the use or occupancy of buildings, could also have building code implications (Section 2.5.7). K 1. INTRODUCTION Table 1. Criteria for permitted uses in prime agricultural areas Agricultural 1. The growing of crops, raising of livestock and raising of other animals for food, fur or fibre 2. Includes associated on-farm buildings and structures, including, but not limited to livestock facilities, manure storages, value -retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment 3. All types, sizes and intensities of agricultural uses shall be promoted and protected in accordance with provincial standards 4. Normal farm practices shall be promoted and protected in accordance with provincial standards Agriculture -Related 1. Farm -related commercial and farm -related industrial uses 2. Shall be compatible with and shall not hinder surrounding agricultural operations 3. Directly related to farm operations in the area 4. Supports agriculture 5. Provides direct products and/or services to farm operations as a primary activity 6. Benefits from being in close proximity to farm operations On -Farm Diversified 1. Located on a farm 2. Secondary to the principal agricultural use of the property 3. Limited in area 4. Includes, but is not limited to, home occupations, home industries, agri-tourism uses and uses that produce value-added agricultural products 5. Shall be compatible with, and shall not hinder, surrounding agricultural operations 1.4 Principles of Permitted Uses The intent of the PPS and these guidelines is to allow uses in prime agricultural areas that ensure settlement areas remain the focus of growth and development and: • agriculture remains the principal use in prime agricultural areas • prime agricultural areas are protected for future generations • land taken out of agricultural production, if any, is minimal • regard is given to the long-term (multi -generational) impact on prime agricultural areas • normal farm practices are able to continue unhindered • agricultural and rural character and heritage are maintained as much as possible • uses are compatible with agricultural uses • they make a positive contribution to the agricultural industry, either directly or indirectly • servicing requirements (e.g., water and wastewater, road access, fire services, policing) fit with the agricultural context 3 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Permitting a wide range of compatible uses in prime agricultural areas is intended to enabl ' agriculture and farm operators to prosper • development of new farm products • valued/necessary rural services to be available • diversification of the rural economy and tax base • job creation that helps stabilize and grow rural communities • greater awareness and appreciation of agriculture in the area 1.5 Municipal Consistency Given the wide differences in municipal approaches to permitted uses, these guidelines aim to increase the consistency across the province. To maintain the wide variety of uses that the PPS permits, municipalities are encouraged to adopt policies that explicitly reflect PPS policies and the criteria identified in this document. While consistency with these guidelines is preferred, Policy 2.3.3.1 of the PPS allows municipalities to develop their own criteria for permitted uses in municipal planning documents as long as they achieve the same objectives as the provincial guidelines. To do so, municipalities would need justification that ensures they are consistent with all PPS policies and criteria for the permitted uses. Policy 4.9 of the PPS indicates that planning authorities and decision -makers may go beyond the PPSs minimum standards to address matters of importance to a specific community, unless doing so would conflict with any policy of the PPS. Some municipalities have elected to be more restrictive than the PPS on the types of uses permitted in their prime agricultural areas, where further restrictions may be warranted based on local circumstances. While this is appropriate in some instances, being more restrictive may limit options for farmers and local economic development. Being more restrictive may also be inconsistent with the PPS and the objectives and criteria for permitted uses. When assessing municipal consistency with the PPS, the following should be considered: Municipal approaches shall be consistent with all PPS policies. The PPS permits agricultural, agriculture -related and on-farm diversified uses in prime agricultural areas. None of these categories of uses can therefore be excluded. PPS policy 2.3.3.2 states that all types, sizes and intensities of agricultural uses shall be protected and promoted, in accordance with provincial standard s3. Therefore, prohibiting or restricting any types, sizes or intensities of agricultural uses must be avoided (Section 2.1.1 (3)). 1.6 Relationship to Provincial Plans These guidelines are specific to the PPS and may not address all aspects covered by provincial plans including the Greenbelt Plan, the Niagara Escarpment Plan, the Oak Ridges Moraine Conservation Plan and the Growth Plan for the Greater Golden Horseshoe. Provincial plans build upon the policy foundation in the PPS and are to be read in conjunction with the PPS. Provincial plans take precedence over the PPS to the extent of any conflict, except where legislation establishing provincial plans provides otherwise. Decision -makers in areas covered by provincial plans will need to rely on the specific policy direction of provincial plans and any associated guidance material, where it exists. 3 Provincial standards are established in legislation and policy statements such as the Farming and Food Production Protection Act, 1998; Nutrient Management Act, 2002; other laws; and the Provincial Policy Statement, 2014. M 2. PERMITTED USES Three categories of uses permitted in prime agricultural areas are discussed in this section: agricultural uses, agriculture -related uses and on-farm diversified uses. If a use proposed for a prime agricultural area does not meet PPS policies and definitions for at least one of these three categories of uses, then consider proceeding under PPS Policy 2.3.5 and Policy 2.3.6, as discussed in Section 3 of these guidelines. The PPS states that all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in prime agricultural areas. Where agriculture -related or on-farm diversified uses are located in prime agricultural areas in accordance with the PPS, they are intended to support agriculture as the dominant use in prime agricultural areas. If an agriculture -related or on-farm diversified use is to be located in a prime agricultural area, a best practice is to place the use on lower -capability agricultural lands. In addition, consideration should be given to directing agriculture -related and on-farm diversified uses to settlement areas (the focus of growth and development) or rural lands (where recreation, tourism and other economic opportunities are promoted). When siting, designing and operating permitted uses in prime agricultural areas, care must be taken to ensure PPS environmental policies are met. For example, the environment is clean and healthy; any undesirable effects of development, including impacts on air, water and other resources, are minimized; land, resources and biodiversity are conserved; and the quality and quantity of water resources are protected, improved and restored. 2.1 Agricultural Uses As described in the PPS definition for agricultural uses, these uses comprise the farms and farmland that produce agricultural products. These uses are undertaken with the expectation of gain or reward. Agricultural uses are the primary use in prime agricultural areas and the basis of the agri-food industry. �ri Agricultural uses: means the growing of crops, including nursery, biomass and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures, including, but not limited to livestock facilities, manure storages, value -retaining facilities and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. PPS, definitions AOL 2.1.1 PPS Criteria for Agricultural Uses The PPS criteria for agricultural uses recognize that these uses include the growing of crops and raising of animals. They may be of any type, size or intensity and should respect normal farm practices. Agricultural uses may also include associated on-farm buildings and structures. 1. The growing of crops, raising of livestock and raising of other animals for food, fur or fibre. (from the PPS agricultural uses definition) The PPS definition of agricultural uses is purposefully broad, with a range of examples provided. To qualify as an agricultural use, crops generally produce a harvestable product such as fruit, vegetables, mushrooms, field crops including cereal crops, corn, soybeans and forage crops, biomass, nursery crops, trees for harvest/agro-forestry, medicinal herbs, sod/turf grass and seeds. 7 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Crops may be used for a variety of purposes such as food for humans, livestock feed, bedding, medicinal purposes, bio -products, firewood and Christmas trees. Cover crops planted to improve soil health (e.g., reduce soil erosion, improve soil fertility) or reduce weeds or pests, may or may not be harvested. These are also considered crops under agricultural uses. Woodlots, riparian buffers and fencerows may or may not be harvested, but are integral to agricultural uses. Other conservation uses such as interpretative centres are not included as agricultural uses. Agricultural uses include the raising of livestock and other animals for food, fur or fibre. Animals must be raised, live on or be used on the farm; this would not include companion animals or zoo animals. Some examples from the PPS definition and the Farming and Food Production Protection Act, 1998 are livestock (including horses), poultry and ratites, fish/aquaculture, apiaries, fur -bearing animals, deer and elk, game animals and birds. 2. Includes associated on-farm buildings and structures, including, but not limited to livestock facilities, manure storages, value -retaining facilities and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. (from the PPS agricultural uses definition) On-farm buildings and structures that are used for agricultural purposes and that are integral to the farm operation are agricultural uses. Such buildings and structures are used by the farm operator. Examples include livestock barns, manure storages, feed storages, silos, grain bins, drive sheds, tobacco kilns, farm implement buildings/drivesheds, greenhouses for growing plants, a primary farm residential dwelling and value -retaining facilities. Value -retaining facilities located on farms serve to maintain the quality of raw commodities produced on the farm (i.e., prevent spoilage) to ensure they remain saleable. This includes facilities involving refrigeration (cold storage), controlled -atmosphere storage, freezing, cleaning, grading, drying (e.g., grains, oilseeds, tobacco), as well as simple, bulk packaging that helps maintain the quality of farm commodities. Value -retaining facilities may also include operations that provide a minimum amount of processing to make a farm commodity saleable, such as grading eggs, evaporating maple syrup and extracting honey. Agricultural commodities undergoing value -retaining processes are often shipped in bulk to value-added operations. Based on the PPS definition of agricultural uses, a value -retaining facility is an example of "associated on- farm buildings and structures." This requires the use to be on-farm and related to the type of farm operation where it is located. For example, a cold storage facility for apples that are grown on the same farm would be an agricultural use, while a cold storage facility serving multiple farms would not be. Such a facility could be an agriculture -related or on-farm diversified use, depending on the operation. Policy 2.3.3.2 of the PPS states that all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected. Value -retaining facilities on the farm must be recognized and permitted as agricultural uses in official plans and zoning by-laws. Zoning requirements such as location of buildings or structures may need to be met and where applicable, site plan control may be required to address matters such as site specific layout details (Section 2.5.3). Value-added facilities differ from value -retaining facilities. Value-added facilities process agricultural commodities into new forms or products that enhance their value. They may involve the addition of ingredients or processing of agricultural commodities (e.g., chopping and canning vegetables, pressing apples and bottling C: 2. PERMITTED USES cider, making wine, milling grain, cherry pitting and preserving, and preserving and roasting grain for livestock feed). Value-added uses may include retail -oriented packaging. Value-added facilities do not meet the PPS definition of agricultural uses but may still satisfy the PPS definition for agriculture -related uses or on-farm diversified uses, depending on the nature of the facilities and if they are located on a farm. 46 Value -Retaining Facilities Characteristics maintain the quality of agricultural commodities (i.e., prevent spoilage) or provide a minimum amount of processing to make an agricultural commodity saleable agricultural commodities are produced on the farm Examples • controlled -atmosphere storage, cleaning, grading, drying, sorting, evaporating maple sap into syrup, honey extraction, simple (bulk) packaging Type of Use • agricultural uses or agriculture -related uses i Value -Added Facilities Characteristics • process agricultural commodities into new forms that enhance their value • may add off -farm inputs Examples • pressing apples and bottling cider, wine -making, grain milling, cherry pitting and preserving, chopping and canning carrots, grain roasting for livestock feed, retail -oriented packaging Type of Use • agriculture -related uses or on-farm diversified uses PPS policy allows "accommodation for full-time farm labour when additional labour is required" in prime agricultural areas. This applies to farms of a size and nature requiring additional labour on a year-round basis for the day-to-day operation of the farm (e.g., livestock operations) or on a seasonal basis over an extended growing season (e.g., horticultural operations that require labour for several months each year to amend the soil, and to plant, transplant, prune, weed and harvest crops). To minimize impacts on agriculture, locate housing for full-time farm labour within the farm building cluster. If this is not possible, place housing on lower - priority agricultural lands that meet the province's minimum distance separation (MDS) formulae requirements and take as little land out of agricultural production as possible. While the PPS permits accommodation for farm help, the labour needs of farms may change over time. A best practice is for farmers to consider alternatives to building a new, separate, permanent dwelling for farm help. Alternatives include: • a second dwelling unit within an existing building on the farm • a temporary structure, such as a trailer or other portable dwelling unit • an existing dwelling on a parcel of land that is part of the extended farm operation, or located in a nearby settlement area or on a rural lot Severance of land with housing for farm labour is not permitted as land division fragments the agricultural land base. Fragmentation of the land base can affect the future viability of agriculture over the long term. FA Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Farms in prime agricultural areas requiring temporary workers for just a few weeks a year (i.e., NOT requiring day-to-day or extended seasonal labour as noted above) must provide an alternative form of housing to a new permanent dwelling structure (e.g., a temporary structure on the farm or off -farm housing). Housing for workers must meet minimum health and living conditions and may be subject to zoning and building permit requirements. Information on the minimum conditions is found in the Seasonal Farm Worker Housing Guidelines (www.farmsontario.ca/pdf/MOH Rec.pdf). However, prospective employers are urged to consult with local public health officials, building departments and other agencies to ensure they comply with all applicable regulations and policies for their circumstances. 3. All types, sizes and intensities of agricultural uses shall be promoted and protected in accordance with provincial standards. (from PPS policy 2.3.3.2) The PPS protects and promotes all types, sizes and intensities of agricultural uses in prime agricultural areas. Therefore, it would be inappropriate for a municipality to adopt policies in its planning documents to prohibit certain types of agricultural uses (e.g., mushroom farms or aquaculture) or farm sizes (e.g., livestock facilities for a certain number of animals) except in specific circumstances where it is necessary to meet other PPS policies or legislation (e.g., Nutrient Management Act, 2002). Agriculture is a dynamic industry and changes over time depending on consumer demands/preferences, equipment, plant varietals, farmers' skills, labour, processing capacity and technology. Changes in the type of agricultural uses should not trigger Planning Act, 1990, applications or approvals, but may have MDS implications. While the PPS does not limit the establishment or intensity of livestock operations, other provincial standards (e.g., guidelines or regulations) may affect the location, intensity or design of these operations, such as: • minimum distance separation formulae (MDS) requirements (e.g., odour setbacks between livestock facilities and other land uses) • Nutrient Management Act, 2002 (provincial nutrient management standards) • Clean Water Act, 2006 (protection of drinking water) • Conservation Authorities Act, 1990 This criterion is not intended to suggest that small farm lots may be created. In general, the larger the farm parcel, the more adaptable it is to changing conditions and the more efficient it is to run the farm. Keeping farms large enough to maintain flexibility is key to agricultural viability and to achieving the PPS requirement of protecting prime agricultural areas for long-term use in agriculture. Lot size may vary depending on the agricultural use. For traditional field crops, large lots are optimal. Higher - value specialty crops tend to be located on smaller parcels. In all cases, lots must still be large enough to maintain flexibility for future changes in the type or size of the agricultural operation. Policy 2.3.4 of the PPS addresses lot creation in prime agricultural areas. Other guidelines will address lot creation in more detail. E, 2. PERMITTED USES 4. Normal farm practices shall be promoted and protected in accordance with provincial standards. (from PPS Policy 2.3.3.2) A normal farm practice follows accepted customs and standards for farm operations or makes use of innovative technology to advance farm management. The Farming and Food Production Protection Act, 1998, (FFPPA) protects the rights of all rural Ontario residents. It protects farmers from nuisance complaints made by neighbours related to noise, odour, dust, light, vibration, smoke or flies if normal farm practices are used. It also protects neighbours from unacceptable nuisances from farms where a farm practice is determined to not be normal. Normal farm practices: means a practice, as defined in the Farming and Food Production Protection Act, 1998, that is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances; or makes use of innovative technology in a manner consistent with proper advanced farm management practices. Normal farm practices shall be consistent with the Nutrient Management Act, 2002 and regulations made under that Act. PPS, definitions I The FFPPA protects farmers from municipal by-laws that restrict their normal farm practices. Such by-laws would not apply to a practice that has been established as a normal farm practice. The Normal Farm Practices Protection Board (NFPPB) is responsible for determining whether an activity in a particular location qualifies as a normal farm practice. Some agricultural uses may involve activities that are normal farm practices, but may not be fully understood or accepted by neighbours or visitors (e.g., the use of bird bangers and wind machines for growing tender fruit and grapes, or the spreading of manure as part of raising livestock and maintaining soil nutrients). When these practices have been determined to be normal farm practices by the NFPPB, the FFPPA allows the farmer to continue operating without interference. This provides the operational flexibility for the farm to succeed. Communication between neighbours is often the key to maintaining good relations. w] Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 2.1.2 Examples of Agricultural Uses Figure 1 provides examples of uses that may be agricultural uses if they meet all of the applicable PPS criteria. Cropland (all crops including biomass and sod)* Christmas trees and nurseries* :_ 1�r-i Cold storage (farm's own use only) Greenhouse for growing plants Pastureland Barns, manure storages and other associated buildings and structures Mushroom farm** qW.; rr Minimum amount of processing to make a produce saleable (e.g., evaporating maple sap, extracting honey)* Feedlot Grain dryers and feed storages (e.g., bunkers, silos or gravity bins for farm's own use only) Washing, sorting, grading (farm's own commodities only)* Horse farm (breeding, raising, boarding, maintaining, training) including stables and indoor or outdoor riding arena/tracks* Figure 1. Examples of agricultural uses provided all PPS criteria are met. . T } Aquaculture Accommodation for full-time farm labour* Farm implement/driveshed (farm's own use only)* Tobacco kiln or smoke barn* *Source: Shutterstock **Source: Mushrooms Canada PERMITTED USES 2.1.3 Examples of Uses that Would Typically Not be Agricultural Uses Examples of uses that would typically not be agricultural uses because they do not meet PPS definitions or criteria include: • dog kennels • grain dryers or mechanical garages serving several producers/customers • retail operations • landscape businesses • off-season vehicle storages • recreational facilities such as campsites, golf courses, fairgrounds, racetracks or ball parks • restaurants While not satisfying the definition and criteria of agricultural uses, some of these uses may meet the definitions and criteria for agriculture -related uses or on-farm diversified uses. 2.2 Agriculture -Related Uses As described in the PPS definition, agriculture -related uses are farm -related commercial and industrial uses. They add to the vitality and economic viability of prime agricultural areas because they are directly related to and service farm operations in the area as a primary activity. These uses may be located on farms or on separate agriculture -related commercial or industrial properties. Agriculture -related uses: means those farm -related commercial and farm -related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. PPS, definitions 2.2.1 PPS Criteria for Agriculture -Related Uses All of the following criteria must be met to qualify as agriculture -related uses in prime agricultural areas. I. Farm -related commercial and farm -related industrial use. (from the PPS definition of agriculture -related uses) Farm -related commercial uses may include uses such as retailing of agriculture -related products (e.g., farm supply co-ops, farmers' markets and retailers of value-added products like wine or cider made from produce grown in the area), livestock assembly yards and farm equipment repair shops if they meet all the criteria for this category of uses. Farm -related industrial uses may include uses such as industrial operations that process farm commodities from the area such as abattoirs, feed mills, grain dryers, cold/dry storage facilities, fertilizer storage and distribution facilities, food and beverage processors (e.g., wineries and cheese factories) and agricultural biomass pelletizers if they meet all the criteria for this category of uses. Many of these uses add value to the agricultural commodities produced in the area. Residential, recreational and institutional uses do not fit the definition of agriculture -related uses. Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 2. Shall be compatible with, and shall not hinder, surrounding agricultural operations. (from PPS Policy 2.3.3.1) Note: this policy applies to both agriculture -related uses and on-farm diversified uses. "Surrounding agricultural operations" are interpreted in these guidelines to include both the property on which the use is located and the area of potential impact around the property. The area of impact may vary depending on the use. To be compatible with and not hinder surrounding agricultural operations, agriculture - related uses should meet all of the following: Ensure surrounding agricultural operations are able to pursue their agricultural practices without impairment or inconvenience. While agriculture -related uses (and on-farm diversified uses) may or may not be subject to the minimum distance separation formulae 4, proximity to nearby livestock facilities may still be a consideration in locating these uses. This will help to avoid conflict between new uses and farming due to odour or other nuisances related to normal farm practices. Examples of other potential sources of conflict include noise that disturbs nearby farm operators and their livestock, trespass incidents, soil compaction, dust and impacts on water quantity or quality. Some uses can result in an increase in traffic that may conflict with slow-moving farm vehicles on local roads. Avoid these uses or mitigate their impacts in prime agricultural areas. Uses should be appropriate to available rural services (e.g., do not require the level of road access, water and wastewater servicing, utilities, fire protection and other public services typically found in settlement areas). Approval for a new land use on a property with individual, on-site water and sewage services requires demonstration of "no negative impacts" as per Policy 1.6.6.4 of the PPS. Urban -type uses typically unsuitable in prime agricultural areas include large food or beverage processing plants. These facilities should be on municipal services. Wineries and cideries may fit the definition of agriculture -related uses if they are able to meet all PPS criteria for that category of uses. These uses require licensing from the Alcohol and Gaming Commission of Ontario (www.agco.on.ca) in order to operate. Ensure these uses are appropriate to available water and wastewater services. High water use/effluent generation operations would normally be incompatible in prime agricultural areas and may require capacity beyond what is available on the site. The appropriate scale to qualify as an agriculture -related use needs to be assessed on a case-by-case basis. A necessary first step is to identify required approvals and other requirements to be met to support the use. Examples include a Permit to Take Water or Environmental Compliance Approval under the Ontario Water Resources Act, 1990, and a Building Permit under the Ontario Building Code, 1992. Agriculture -related uses that are compatible when first established may expand and grow over time. Before building permits are issued, the municipality needs to be satisfied that zoning requirements are met. If the compatibility criterion or any other PPS criteria cannot be met, the building permit may be withheld and the expanded business may need to be relocated to a suitable location outside of the prime agricultural area. PPS Policy 2.3.4.1 b) addresses lot creation for agriculture -related uses. Lot creation may be permitted for agriculture -related uses provided that any new lot is limited to a minimum size needed to accommodate the use and its wastewater and water servicing requirements. A best practice is to consider alternatives before creating a new lot. 4 See Minimum Distance Separation Implementation Guidelines for details (ontario.ca/cv�e). 11K 2. PERMITTED USES Maintain the agricultural/rural character of the area (in keeping with the principles of these guidelines and PPS Policy 1.1.4). Compatibility may be achieved by: — re -using existing buildings or locating businesses within existing buildings unless an alternative location reduces overall impacts on agriculture in the area — designing new structures to fit in aesthetically with the agricultural area — minimizing outdoor storage and lighting — avoiding major modification of land and removal of natural heritage features — visually screening uses from neighbours and roadways — limiting the use of signage and ensuring that any signage fits with the character of the area Meet all applicable provincial air emission, noise, water and wastewater standards and receive all relevant environmental approvals. A use that will result in air, noise or odour emissions (e.g., fabrication plant or equipment repair shop) may require an Environmental Compliance Approval issued under the Environmental Protection Act, 1990. Some uses that have high water requirements or generate a significant amount of wastewater (e.g., produce washing, food processing and wine -making) could require a Permit to Take Water and/or sewage works approvals under the Ontario Water Resources Act, 1990. The cumulative impact of multiple uses in prime agricultural areas should be limited and not undermine the agricultural nature of the area. Whether a proposed new use is compatible depends in part on other uses in the area and how the area would be affected by all of these uses. For example, the cumulative impact on ground and surface water in the area, wear and tear on roads, traffic safety and demand for policing and fire protection are basic compatibility considerations. The principles of permitted uses identified in Section 1.4 and all compatibility components discussed in this section are to be maintained. The PPS requires prime agricultural areas be protected for long-term agricultural use and that impacts from non-agricultural uses in the prime agricultural area are mitigated. The discussion on impact mitigation in Sections 3.1.3 and 3.2.4 may also be applicable to agriculture -related uses and on-farm diversified uses. 3. Directly related to farm operations in the area. (from the PPS definition of agriculture -related uses) Agriculture -related uses must be directly related to farms in the area, primarily providing products or services that are associated with, required by or that enhance agricultural operations in the area. "Directly related to" means that the use should reflect the type of agricultural production in the area. Examples include: • vegetable processing around the Holland Marsh • processing tomatoes in the Leamington and Chatham -Kent areas • farm equipment repair, farm input suppliers and grain drying in major cash crop areas • ginseng drying and distributing in Ontario's Sand Plain area For a value-added facility to be classified as an agriculture -related use, "in the area" would refer to the area where the feedstock (e.g., crops or livestock) originates. "In the area" is not based on a set distance or on municipal boundaries. It is based on how far farmers will reasonably travel for the agriculture -related products or services. Some commodities are transported further than others. In Ontario, grain elevators usually store bulk grain for farms within a few kilometers as it is not economical to transport grain a long distance. Reasonable travel distance varies, however, with the bulk of the commodity and the density of agricultural operations. In areas with a high density of agricultural activity, the area within which feedstock is transported may be closer than in Northern Ontario or elsewhere where the density of agricultural activity is relatively low. 13 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas For example, a winery primarily using grapes grown in the area could be an agriculture -related use. A winery making wine from grapes or concentrate shipped in from another region of Ontario, another province or another country, would not be. A winery that brings in grapes or concentrate from another area, may, however, be an on-farm diversified use if all the criteria for that category of uses are met. Uses that are not directly related to farm operations in the area, because they use agricultural products from outside the area, may be on-farm diversified uses if all the criteria for those uses are met. There may be instances when agriculture -related uses that normally provide products or services to farm operations in the area need to bring agricultural commodities in from outside of the area. An apple storage and distribution facility may need to bring in apples grown elsewhere in the province or country to meet customer demand when crop losses occur locally. However, the primary feedstock for agriculture -related uses must be farms in the area. To qualify as agriculture -related uses, farmers' markets must sell produce grown in the area. Farmers' markets selling a variety of produce, both from the area and beyond, and potentially non-agricultural items like baked goods, coffee and crafts, could have both agriculture -related and on-farm diversified components. The criteria for both categories of use would need to be met. Uses that provide products or services beyond the immediate agricultural area such as cold storage facilities near airports or other transportation hubs, or meat packing plants that process meat from a long distance, often shipped by transport truck or shipping container, are not agriculture -related uses. They do not directly relate to farm operations in the area. Even if these uses provide some products or services to farms in the area, they are located in serviced industrial or commercial land in settlement areas, rather than prime agricultural areas. 4. Supports agriculture. (from the PPS definition of agriculture -related uses) This criterion limits uses to those primarily focused on supporting agriculture. For example, a grain elevator used by farmers in the area supports and benefits area farms. An example of an operation in a prime agricultural area that supports area agriculture is the Elmira Produce Auction. The co -operatively -run produce auction creates a market for regional produce in the Waterloo area. It aims to support growers in the area and increase family farm revenue by encouraging local farms to diversify into higher -value fruits and vegetables. The auction has affected crop production in the area, with more land now devoted to fruit and vegetable production to supply a growing number of area restaurants and institutions. 5. Provides direct products and/or services to farm operations as a primary activity. (from the PPS definition of agriculture -related uses) This criterion requires that agriculture -related uses directly service farm operations as a primary activity. "Direct products and/or services" refers to uses that serve an agricultural need or create an opportunity for agriculture at any stage of the supply chain (e.g., seed or fertilizer supplier, farm equipment repair, value-added food and beverage processing and distribution or retail of agricultural commodities grown in the area). General-purpose commercial and industrial uses that serve a broad customer base (e.g., building supply centres, window manufacturers, fencing companies, paint stores, pre -cast concrete businesses and contractors' yards) are not agriculture -related uses even if they have farm operators as customers. F[! 2. PERMITTED USES Serving farm operations must be a primary function or main activity of the business. As a rule, general purpose commercial and industrial uses should be located outside of prime agricultural areas (i.e., in settlement areas or on rural lands). Many hamlets, villages and towns near active agricultural areas cluster general purpose and agriculture -related uses within their settlement areas, within easy access to farm operations. Some provide servicing to encourage economic development. Directing growth and development that is not imperative in prime agricultural areas to settlement areas is consistent with PPS Policy 1.1.4.2. In the past, some farm implement dealerships and repair shops have located in prime agricultural areas because of land availability and proximity to customers. Municipalities may have permitted this to achieve efficient development patterns in settlement areas. Given that current PPS policy emphasizes the need for agricultural -related uses to provide direct products and/or services to farm operations as a primary activity, a farm equipment dealership or farm equipment repair shop might be justified as an agriculture -related use in a prime agricultural area if servicing farm operations in the area is a primary focus of the business and all other agriculture -related uses criteria are met. However, businesses that sell or repair farm implements, along with items catering to a broad customer base such as lawn mowers, snow blowers, other machinery, parts, toys and clothing, should be directed to settlement areas, rural lands or lower priority agricultural lands as discussed in Section 3.2. Uses that process and/or store predominantly non-agricultural source materials (e.g., compost, leaf and yard waste, food processing waste, sewage biosolids) are not agriculture -related uses, even if the products of such facilities are spread on farmland. The primary function of such facilities is to manage non-agricultural waste streams, rather than produce a product for application to farmland. Facilities that process and/or store agricultural source materials from agricultural operations in the area as their primary activity may fit the definition of agriculture -related uses. P11JUsesthat do not benefit from being close to farm operations but wish to take advantage of lower costs in prime agricultural areas would not be classified as agriculture -related uses. AM Since agri-tourism uses do not provide products or services to farm operations, they would not qualify as agriculture -related uses. If located on farms and meeting all other criteria, these uses may be on-farm diversified uses. To assess whether a proposed use meets the test of providing direct products and/or services to farm operations as a primary activity, municipalities should require evidence demonstrating that the use will service farm operations as a primary business activity (i.e., inputs are primarily produced in the area or customers are primarily farm operators in the area). As a best management practice, municipalities may require evidence that the use cannot be located in settlement areas or on rural lands. 6. Benefits from being in close proximity to farm operations. (from the PPS definition of agriculture -related uses) To meet this criterion, agriculture -related uses must benefit from or need to be located near the farm operations they serve. Benefits may include more effective or efficient operations due to access to feedstock, roads suited to slow-moving farm vehicles, reduced transportation distance and risk of spoilage and marketing opportunities associated with being part of an agricultural cluster. 1b7 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 2.2.2 Examples of Agriculture -Related Uses Figure 2 provides examples of uses that could be classified as agriculture -related uses if they meet all of the PPS criteria. Apple storage and distribution centre serving apple farm operations in the area Agricultural research centre* Farm equipment repair shop* Farmers' market primarily selling products grown in the area* Winery using grapes grown in the area* Livestock assembly yard or stock yard serving farm operating in the area Processing of produce grown in the area (e.g., cider -making, cherry pitting, canning, quick-freezing, packing)* 1,_ to Abattoir processing and selling meat from animals raised in the area* Auction for produce grown in the area Figure 2. Examples of agriculture -related uses provided all PPS criteria are met. Grain dryer farm operations in the area Flour mill for grain grown in the area Farm input supplier (e.g., feed, seeds, fertlizer (serving farm operations in the area * Source: Shutterstock PERMITTED USES 2.2.3 Examples of Uses that Would Typically Not be Agriculture -Related Uses Examples of uses that would typically not be agriculture -related uses because they do not meet PPS definitions or criteria include: • large food processing plants, large wineries and other uses that are high -water -use or effluent generators and are better suited to locations with full municipal services • micro -breweries and distilleries • contractors' yards, construction companies, landscapers, well drillers, excavators, paint or building suppliers • sewage biosolids storage and composting facilities for non-agricultural source material • antique businesses • art or music studios • automobile dealerships, towing companies, mechanics shop or wrecking yards • rural retreats, recreational uses and facilities, campgrounds or fairgrounds • conference centres, hotels, guest houses or restaurants • furniture makers • institutions such as schools or clinics • seasonal storage of boats, trailers or cars • veterinary clinics • trucking yards While not meeting the criteria for agriculture -related uses, some of these uses may fit under on-farm diversified uses if all criteria for that category of uses are met. 2.3 On -Farm Diversified Uses A wide variety of uses may qualify as on-farm diversified uses based on the PPS definition, as long as they meet the criteria described below. On-farm diversified uses should be related to agriculture, supportive of agriculture or able to co -exist with agriculture without conflict. On-farm diversified uses are intended to enable farm operators to diversify and supplement their farm income, as well as to accommodate value-added and agri-tourism uses in prime agricultural areas. On-farm diversified uses: means uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products. L PPS, definitions 2.3.1 PPS Criteria for On -Farm Diversified Uses All of the following criteria must be met to qualify as on-farm diversified uses, in accordance with the PPS. 1. Located on a farm. (from the label `on-farm" diversified uses and from the definition's requirement that the use be secondary to the principal "agricultural use" of the property) On-farm diversified uses must be located on a farm property that is actively in agricultural use. The on-farm diversified uses provisions in the PPS do not apply to small residential lots in the prime agricultural area. Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas As noted in Section 2.1 of these guidelines, agricultural uses occur on a farm with the expectation of gain or reward. This does not include production primarily for use or consumption by members of the household of the owner or operator of the agricultural operation, for purposes of pastime or recreation, or in a park, on a property used primarily for residential purposes or in a garden located in a public space. The planning authority may require evidence that the property is actively farmed. For example, proof may be required that shows the property qualifies for the Farm Property Class under the Assessment Act, 1990. 2. Secondary to the principal agricultural use of the property. (from the PPS definition of on-farm diversified uses) While the PPS definition of on-farm diversified uses allows for a wide range of on-farm economic opportunities, it also requires those uses be secondary to the principal agricultural use of the property. In other words, agricultural uses must remain the dominant use of the property. This is measured in spatial and temporal terms. Spatially, the use must be secondary relative to the agricultural use of the property. The spatial limits are addressed below under the "limited in area" criterion. Temporal considerations apply to uses that are temporary or intermittent, such as events. Given that on-farm diversified uses (and agriculture -related uses) must be compatible with surrounding agricultural operations, the frequency and timing of any events must not interfere with cropping cycles or other agricultural uses on the farm or in the surrounding area. Even temporary uses must meet all criteria for on-farm diversified uses. Acceptable uses must be compatible with and able to coexist with surrounding agricultural operations, and: • permanently displace little -to -no agricultural land, within the limits discussed under the "limited in area" criterion • do not require site grading and/or drainage unless it improves conditions for agricultural production • are one-time uses or held infrequently when impacts to agriculture are minimal • any land used for a temporary use must be immediately returned to agriculture • a harvestable crop is produced on the land the year in which the temporary use is implemented (if applicable) • meet compatibility requirements (e.g., do not require significant emergency, water and wastewater services; maintain reasonable noise and traffic levels in the area) • impacts to the site itself and surrounding agricultural operations are mitigated (e.g., compaction, drainage, trespassing) If all criteria are met, events may be accommodated through a temporary use zoning by-law under the Planning Act, 1990, provided no permanent alterations are proposed to the land or structures (e.g., stages, washrooms or pavilions). The temporary zoning must be structured in a way that the farmland is returned to agriculture immediately following the event (e.g., detailed provisions to avoid soil compaction, timing events to avoid impacts on cropping systems). The intention is that these uses are permitted only on an interim basis. The Municipal Act, 2001, authorizes municipalities to pass by-laws, issue permits and impose conditions on events. These by-laws may require site plans, traffic plans, emergency plans and security plans. These by-laws can help ensure uses are reasonable without the need for other approvals. Large-scale, repeated or permanent events are not on-farm diversified uses and should be directed to existing facilities such as fairgrounds, parks, community centres and halls, settlement areas or rural lands. Guidelines on new venues in prime agricultural areas are provided in Section 3.2 Limited Non -Agricultural Uses. FIE= 2. PERMITTED USES 3. Limited in area. (from the PPS definition of on-farm diversified uses) While PPS policies enable a wide variety of on-farm economic opportunities, the PPS also requires those uses are limited in area. This criterion is intended to: minimize the amount of land taken out of agricultural production, if any ensure agriculture remains the main land use in prime agricultural areas limit off-site impacts (e.g., traffic, changes to the agricultural -rural character) to ensure compatibility with surrounding agricultural operations Many municipalities limit the scale of on-farm diversified uses by limiting the number or place of residence of employees, number of businesses, percentage of products sold that are produced on the farm or floor area of buildings and outdoor storage. However, these factors do not have a direct bearing on the amount of farmland displaced or fully account for all the land occupied by the uses. A preferred approach is to base "limited in area" on the total footprint of the uses, on a lot coverage ratio basis. Guidance on the "limited in area" criterion is based on a review of existing municipal approaches in Ontario, observations and experiences of OMAFRA staff across the province, benchmarking against existing diverse farms, development of scenarios and stakeholder input. Realistic scenarios to predict how much land could be used for on-farm diversified uses on small, medium and large farms are provided in Appendix 2. Appendix 3 offers an example of an existing, diversified farm with a combination of permitted uses, illustrating how the on-farm diversified uses portion of the property is calculated. The approach to the "limited in area" criterion is intended to: • achieve the balance between farmland protection required by the PPS and economic opportunities for farmers • improve consistency among municipalities in terms of the land area that could be used for such uses • level the playing field for different types of on-farm diversified uses • provide flexibility as on-farm diversified uses and owners change • simplify implementation The "limited in area" requirement should be based on the total land area that is unavailable for agricultural production as a result of the on-farm diversified use (i.e., the footprint occupied by the use, expressed as a percentage of lot coverage). The area calculation should account for all aspects related to an on-farm diversified use such as buildings, outdoor storage, landscaped areas, berms, well and septic systems, parking and new access roads. The lot coverage ratio should be based on the size of the individual parcel of land where the use is located, not the total area of a farm operation which could include several parcels. The rationale for using a lot coverage ratio is built on the premise that a large property is generally able to accommodate a larger on-farm diversified use than a small property while meeting compatibility requirements. Where available, uses should be within existing agricultural buildings or structures no longer needed to support agricultural production. Reusing existing buildings or structures can help to: reduce the amount of farmland consumed • maintain the agricultural/rural character of the area • ensure existing buildings are kept in good repair or improved Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas As farmers expand and modernize their agricultural operations, they often prefer to build new structures based on current standards rather than retrofit older buildings. This can result in surplus buildings that could be repurposed. It is recommended that for "limited in area" calculations, the area of existing buildings used for on-farm diversified uses be discounted at an appropriate rate (e.g., 50%). Be aware that a change in the use of a building may result in a change in building code requirements (Section 2.5.7). If an on-farm diversified use occupies the same footprint as a demolished building, the land area for the use may be similarly discounted. This recognizes that it is unlikely that land under a demolished building will be returned to an agricultural use. However, preference should be given to reuse of existing buildings where possible. It is recommended that the area of existing laneways not be included in area calculations. This will encourage on-farm diversified uses to locate within existing farm building clusters and minimize impacts on agricultural production. If an existing barn (or a barn destroyed by fire,) is restored for an on-farm diversified use with the same footprint as the existing barn, only 50% of the building's footprint is counted in the area calculations. Likewise, the footprint of a home occupation in an existing residence or outbuilding may be calculated at 50% of the area of the office. However, 100% of the area needed for parking and outdoor storage would be included. Existing laneways are not counted in the area calculations but 100% of the area for new laneways would be included. These guidelines recommend that "limited in area" be relative to the size of the farm property on which the on-farm diversified use is located. The size of the entire farm property, including land subject to an easement, and not just the portion of a farm that is in agricultural use, should be considered. For example, a use occupying 1 ha on a 50 ha farm may be "limited in area," while a 1 ha use on a 15 ha farm may not be. These guidelines recommend that the standard for the acceptable area occupied by an on-farm diversified use is up to 2% of a farm parcel to a maximum of 1 ha (10,000 m2). The examples of on-farm diversified uses in Appendix 2 show the variety of uses that could be placed on different -sized parcels of land, while staying within the recommended maximum lot coverage of 2%. In the case of on-farm diversified uses that are intermittent, such as events, "limited in area" may mean an area greater than the general recommendations above (Section 2.3.1.1). When calculating the area for agri-tourism uses such as wagon rides or corn mazes, lands producing a harvestable crop are agricultural uses that are not included in area calculations. However, areas such as playgrounds and loading areas for hayrides should be included. If more than one on-farm diversified use is proposed on a single property, the combined area of all on-farm diversified uses should be within the above area and lot coverage guidelines. If the area of a proposed on-farm diversified use exceeds the recommended area thresholds in these guidelines, give consideration to PPS Policy 2.3.6 on non-agricultural uses in the prime agricultural areas. On-farm diversified uses that are proposed to grow beyond the area limits, either incrementally or otherwise, are not supported. Since the PPS requires settlement areas to be the focus of growth and development, large-scale industrial and commercial buildings appropriate in settlement areas (due to servicing, accessibility, etc.) are not permitted in prime agricultural areas. It is recommended that the gross floor area of buildings for on-farm diversified uses be capped at a scale appropriate to prime agricultural areas. Municipalities may set the building size cap based on a maximum lot coverage ratio (i.e., proportion of the 2% of the property that may be used for on-farm OU 2. PERMITTED USES diversified uses to be covered by buildings).5 Alternatively, municipalities may define maximum gross floor area limits numerically (e.g., maximum gross floor area for properties 15-20 ha is 600 m2, and so on for different sized properties). Regardless of how the cap is set, the area of existing buildings, should not be discounted when calculating the gross floor area of buildings for on-farm diversified uses. Recommended Area Calculations for On -Farm Diversified Uses existing laneways shared between agricultural uses and on-farm diversified uses are not counted area of existing buildings or structures, built prior to April 30, 2014, occupied by on-farm diversified uses is discounted (e.g., 50%) area of new buildings, structures, setbacks, outdoor storage, landscaped areas, berms, laneways, parking, etc. are counted at 100% on-farm diversified uses may occupy no more than 2% of the property on which the uses are located, to a maximum of 1 ha the gross floor area of buildings used for on-farm diversified uses is limited (e.g., 20% of the 2%) 4. Includes, but is not limited to, home occupations, home industries, agri-tourism uses and uses that produce value-added agricultural products. (from the PPS definition of on-farm diversified uses) The PPS definition provides a number of examples of on-farm diversified uses. Beyond these examples, other uses may also be suitable, subject to meeting all PPS criteria. The PPS language related to uses that are not related to agriculture (i.e., home occupations, home industries), suggests that in prime agricultural areas, these operations must be at a reasonable scale, as discussed under the "secondary to..." and "limited in area" criteria. Municipalities may wish to encourage on-farm diversified uses that relate to agriculture (e.g., agri-tourism and value-added uses) by streamlining approvals for these uses. 5. Shall be compatible with, and shall not hinder, surrounding agricultural operations. (from PPS Policy 2.3.3.1) Refer to the discussion of this policy under agriculture -related uses (Section 2.2) as it applies equally to on-farm diversified uses. Some uses that meet other on-farm diversified uses criteria may not meet the compatibility criterion. For example, uses that attract large numbers of people onto the farm for non-farm events or for recreational purposes could result in soil compaction on the farm itself, excessive noise and trespass issues that may be incompatible with surrounding agricultural operations. Commercial or industrial uses that have a large number of employees or attract a large number of customers may also not be compatible in the prime agricultural area. In addition, some uses may be better suited to settlement areas where municipal services are available (PPS Policy 1.6.6). Municipalities should consider how effectively any impacts can be mitigated before allowing different uses in prime agricultural areas. 5 Maximum lot coverage ratios for rural commercial or rural industrial lots might provide a useful perspective in setting the cap on gross floor area for buildings used for on-farm diversified uses. For example, if the maximum lot coverage ratio for rural commercial or rural industrial lots is 30%, the appropriate ratio for the on-farm diversified uses portion of the farm might be lower given the agricultural setting (e.g., 20% of the 2%). ��1 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Compatibility Considerations • does not hinder surrounding agricultural operations • appropriate to available rural services and infrastructure • maintains the agricultural/rural character of the area • meets all applicable environmental standards • cumulative impact of multiple uses in prime agricultural areas is limited and does not the agricultural nature of the area Nano or micro -breweries and small distilleries may fit the definition of on-farm diversified uses if they are able to meet all PPS criteria for that category of uses. However, these uses should be appropriate to available rural water and wastewater services. High water use/effluent generation operations are generally inappropriate in prime agricultural areas and may require capacity beyond what is available on the site. The appropriate scale to qualify as an on-farm diversified use needs to be assessed on a case-by-case basis. In prime agricultural areas with multiple on-farm diversified uses on several farms, the collective impact of these uses should be limited and not undermine the agricultural nature of the area or the health of the environment. Whether a proposed new on-farm diversified use is compatible depends on other uses in the area and how the area would be affected by all of these uses. 2.3.2 Examples of On -Farm Diversified Uses Figure 3 provides examples of the uses that could be classified as on-farm diversified uses if they meet all the PPS criteria. Veterinary Clinics Veterinarians who treat farm animals are usually based out of mixed animal clinics and provide mobile veterinary services. Mixed animal clinics are often located within settlement areas, but they could be on-farm diversified uses if all PPS criteria can be met. Besides these examples, uses that share some characteristics with agriculture -related uses but that do not meet all of the criteria for agriculture -related uses (e.g., primarily provide products or services to agriculture in the area), could qualify as on-farm diversified uses. Storage for non -regional agricultural products is an example. Otl Value-added uses that could use feedstock from outside the surrounding agricultural area (e.g., processor, packager, winery, cheese factory, bakery, abattoir) Agri -tourism and recreation uses (e.g., farm vacation suite, bed and breakfast, hay rides, petting zoo, farm -themed playground, horse trail rides, corn maze, seasonal events, equine events, wine tasting, retreats, zip lines)* 2. PERMITTED USES Home occupations (e.g., professional office, bookkeeper, land surveyor, art studio, hairdresser, massage therapist, daycare, veterinary clinic, kennel, classes or workshops)* ANnCJ E rr�r 1111 0 SHOP .I0 Retail uses (e.g., farm market, antique business, seed supplier, tack shop)* Home industries (e.g., sawmill, welding or woodworking shop, manufacturing/ fabrication, equipment repair, seasonal storage of boats or trailers) Cafe/small restaurant, cooking classes, food store (e.g., cheese, ice cream)* Figure 3. Examples of on-farm diversified uses provided all PPS criteria are met. * Source: Shutterstock 2.3.3 Examples of Uses that Would Typically Not be On -Farm Diversified Uses Examples of uses that would typically NOT be on-farm diversified uses because they would not meet PPS definitions or criteria include: large-scale equipment or vehicle dealerships, hotels, landscape businesses, manufacturing plants, trucking yards uses with high water and sewage needs and/or that generate significant traffic, such as large food processors, distribution centres, full-scale restaurants, banquet halls large-scale recurring events with permanent structures institutional uses (e.g., churches, schools, nursing homes, cemeteries)6 large-scale recreational facilities such as golf courses, soccer fields, ball diamonds or arenas 6 Churches, schools and cemeteries that serve communities reliant on horse-drawn vehicles as a primary means of transportation may be limited non-residential uses, as discussed in Section 3.2 of these guidelines. The MDS Implementation Guidelines include a special provision for these types of uses. 23 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 2.4 Categories of Permitted Uses Categorizing a use as an agricultural, agriculture -related or on-farm diversified use depends on a number of considerations. These include where the use is located (farm/off-farm), if it is used primarily for the farm operation on which it is located and if it services farm operations in the area. For example, a grain dryer would be an agricultural use if it dries grain primarily produced on the farm where it is located. A grain dryer used to dry and store grain from multiple farms in the area could be an agriculture -related use. In terms of the scale of the operation, agricultural uses and agriculture -related uses do not have specific size limits, but their scale may be affected by servicing and other compatibility considerations. On-farm diversified uses must be secondary to the principal agricultural use of the property and limited in area according to the PPS policy criteria. Agriculture -related and on-farm diversified uses must be compatible with and shall not hinder surrounding agricultural operations. Table 2 provides examples of uses and when they are permitted as agricultural uses, agriculture -related uses or on-farm diversified uses. These examples are not necessarily the same as those provided in Figures 1, 2 or 3. Together, all of the examples in these guidelines help to identify the many situations that may arise. It is important to consider that uses may begin as one type of use and evolve into another over time. If this happens, the criteria for the new category of permitted uses would need to be met. For example, if the operator of an agriculture -related use wishes to expand their business, the municipality may need to consider who the business is serving and may serve in the future. If the expanded use would not meet all PPS criteria, the operator may need to consider a location outside of the prime agricultural area in order to expand. ME 2. PERMITTED USES Table 2. Categories of uses permitted in prime agricultural areas provided all PPS criteria are met Greenhouse Value -retention of farm products (e.g., grain drying, cold storage, grading, maple sap evaporating) Accommodation for full-time farm labour Value-added process (e.g., food processing) Pick -your -own operation (with associated uses) Growing of crops or raising of animals; includes associated on-farm buildings and structures; all types, sizes and intensities; normal farm practices are promoted and protected Yes For growing plants Yes Primarily for products produced on own farm Yes On-farm housing for own workers No Yes Includes harvesting of crops May or may not be on a farm; farm -related commercial or industrial use; compatible with surrounding agricultural operations; directly related to farms in the area; supports agriculture, provides products or services to farms; benefits from proximity to farms Yes For retailing plants grown in the area Yes Would service farms in the area No Yes Could do value-added processing of farm products grown in the area Yes Could include retailing of farm products grown in the area (e.g., farm stand) On a farm; secondary use; limited in area; includes, but is not limited to, home occupations, home industries, agri-tourism uses and value-added uses; compatible with surrounding agricultural operations Yes For growing or retailing plants or a variety of non -plant items Yes No restriction on products or where they are from Yes Could house workers from own or neighbouring farms Yes No restriction on what could be processed or its origin Yes Could include retailing of products grown beyond the area or unrelated to agriculture, as well as visitor amenities (e.g., playground) ��7 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Winery, cidery, meadery Small-scale micro - brewery, distillery Agri -tourism venture (e.g., bed and breakfasts, playgrounds, hayrides, corn mazes, haunted barns) Home occupation Growing of crops or raising of animals; includes associated on-farm buildings and structures; all types, sizes and intensities; normal farm practices are promoted and protected No No No May or may not be on a farm; farm -related commercial or industrial use; compatible with surrounding agricultural operations; directly related to farms in the area; supports agriculture, provides products or services to farms; benefits from proximity to farms Yes Fruit or honey used is primarily from farms in the area; could include tasting and retailing; appropriate servicing (water and wastewater) must be available' No Unless agricultural products from the area (e.g., grains) are the main input and appropriate servicing (water and wastewater) are available No On a farm; secondary use; limited in area; includes, but is not limited to, home occupations, home industries, agri-tourism uses and value-added uses; compatible with surrounding agricultural operations Yes No restriction on where fruit or honey is produced; may include other permitted uses (e.g., tasting and retailing); appropriate servicing (water and wastewater) must be available Yes Appropriate servicing (water and wastewater) must be available Yes$ No No Yes Unless it primarily provides All types products or services to farms in the area (e.g., farm business advisor) Commercial use I No Yes Must provide products or services to farms in the area 1 Yes All types that are appropriate in prime agricultural areas High water uses/effluent generators should be on full municipal services. $Area limits, rural servicing and building code requirements may restrict uses such as large wedding and banquet facilities. OR Type of Use Agricultural Use Landscaph business Industrial i Growing of crops or raising of animals; includes associated on-farm buildings and structures; all types, sizes and intensities; normal farm practices are promoted and protected Machine repair shop Yes For own use Agricultural research and training centre (i.e., government or associated with an academic institution) Veterinary clinic Renewable energy facilities under the Green Energy Act, 2009 (e.g., solar, wind, biogas) Mobile/non- stationary use (e.g., cider press, pelletizer, hoof trimmer, seed cleaner) Yes The growing of crops or raising of animals would need to be the primary activity No May or may not be on a farm; farm -related commercial or industrial use; compatible with surrounding agricultural operations; directly related to farms in the area; supports agriculture, provides products or services to farms; benefits from proximity to farms No Yes Must support farms in the area Yes Must support agriculture in the area Yes Would need to provide products or services to farms in the area as a primary activity No 2. PERMITTED USES On a farm; secondary use; limited in area; includes, but is not limited to, home occupations, home industries, agri-tourism uses and value-added uses; compatible with surrounding agricultural operations Yes Yes All types that are appropriate in prime agricultural areas Yes All types that are appropriate in prime agricultural areas Yes Yes Mixed or small animal clinic These uses fall under the Green Energy Act, 2009, and do not need approval under the Planning Act, 1990. See Section 4.1 #5 These uses do not require a building permit or land use change under the Planning Act, 1990. If they are normal farm practices, they are promoted and protected in prime agricultural areas. Ml Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 2.5 Implementation This section identifies tools available to municipalities to implement the PPSs permitted uses policies under the Planning Act, 1990, and Municipal Act, 2001. More information is available on the Ministry of Municipal Affairs website (ontario.ca/mmah). Municipalities should be consulted on any local requirements. 2.5.1 Official Plans The official plan is the most important tool for implementing the PPS. PPS Policy 2.3.3.1 permits agricultural uses, agriculture -related uses and on-farm diversified uses in prime agricultural areas. Accordingly, municipal official plan policies under the Planning Act must explicitly state that these uses are permitted in prime agricultural areas. Criteria for these uses may be based on these provincial guidelines or municipal approaches that achieve the same objectives. Uses that meet the criteria may then be permitted without the need for an official plan amendment. They may however, be subject to zoning by-law requirements, site plan control and other local requirements. Some municipalities may be more restrictive on the types of uses permitted in their prime agricultural areas based on local circumstances, unless doing so would conflict with any policy in the PPS or any other applicable provincial plan. This may be appropriate in some instances but may limit options for farmers and local economic development. Partial Lot Zoning Municipalities may wish to consider using partial lot zoning for on-farm diversified uses. The portion of the property dedicated to on-farm diversified uses would be zoned for those uses, with the remainder of the property remaining in an agricultural zone. The area zoned for on-farm diversified uses may be up to the recommended land area limit discussed in these guidelines. The PPS does not permit severances for on-farm diversified uses so partial lot zoning should not be considered a step towards lot creation. 2.5.2 Zoning By-laws Under the Planning Act, 1990, municipal zoning by-laws may regulate matters such as: • use of the land • erection of buildings or structures • type of construction and its height, bulk, location, size, floor area, spacing, character and use of buildings or structures, frontage and depth and proportion of the land area that any building or structure may occupy • loading or parking facilities • area, density and height Municipalities may choose to specify setbacks for some of the permitted uses in prime agricultural areas (e.g., to protect a municipal drinking water system9, provide fire protection, mitigate odour, noise or dust or meet requirements under the Nutrient Management Act, 2002 or Conservation Authority regulations). Setbacks will vary with the use and applicable legislation. 9 Municipalities with Source Protection Plans in place may require setbacks based on the Clean Water Act, 2006. POV 2. PERMITTED USES Municipalities should adopt "as -of -right" zoning for agricultural uses and other permitted uses that are clearly compatible and appropriate in prime agricultural areas. This means that landowners could establish any of these uses as long as they comply with applicable by-law requirements for the uses. For example, value - retaining uses (e.g., storage, grading, drying), home offices in existing buildings and small produce stands could be permitted as -of -right. Other uses may be located in prime agricultural areas subject to a minor variance or zoning by-law amendment to ensure issues such as site layout and traffic are compatible with surrounding agricultural uses. Temporary use zoning by-laws permit the temporary use of land, buildings or structures for up to 3 -year periods, as provided for in the Planning Act, 1990. They are inappropriate for uses involving physical changes to the site, new or improved buildings or structures, or uses that result in the creation of a new lot. Temporary use zoning by-laws are also an effective way to deal with event -type uses such as concerts, rodeos and farm shows. As a general rule, avoid using on-farm locations if these temporary uses can be accommodated in existing facilities nearby that are designed for such uses (e.g., fairgrounds, parks and band shells). 2.5.3 Site Plan Control The Planning Act, 1990, allows municipalities to control the form of development through the use of site plan control. Areas under site plan control must be described in the municipal official plan and designated in a site plan control by-law. As a best practice, most municipalities exempt agricultural uses from site plan control and this practice should continue. Municipalities may find it useful to apply site plan control to on-farm diversified uses given the broad range of uses permitted (both farm- and non -farm -related uses). Site plan control is also useful to apply to agriculture -related uses (Figure 4). Site plan control may be used to ensure that new uses fit in with the agricultural character of the area and are compatible with surrounding agriculture. Use of this tool avoids the need for official plan and zoning by-law amendments. For example, municipalities could use site plan control to address elements such as: entrances, parking, pedestrian pathways and emergency vehicle access lighting, walkways and the appearance and design of buildings site grading, fencing, landscaping and drainage outdoor storage, visual screening and loading areas It is recommended that where any agriculture - related uses and on-farm diversified uses are under site plan control, municipalities consider an expedited site plan approval process (e.g., delegated authority for planning departments to approve). PPRFP_P�_ Figure 4. Clustering of farm buildings. 4% Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 2.5.4 Development Permits Municipalities may use a development permit system to streamline the land -use planning process by combining zoning, site plan and minor variance processes under the Planning Act, 1990. This can provide greater certainty upfront and speed up approvals. More information is available from the Ministry of Municipal Affairs website (ontario.ca/mmah). 2.5.5 Lot Creation The PPS discourages lot creation in prime agricultural areas (PPS Policy 2.3.4).10 Lots may only be created for agricultural uses provided: the severed and retained lots are of a size appropriate for the type of agricultural use(s) common in the area the lots are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations (PPS Policy 2.3.4.1 a)) Lots may only be created for agriculture -related uses provided that any new lot is limited to a minimum size needed to accommodate the use and appropriate sewage and water services (PPS Policy 2.3.4.1 b)). The use for the severed lot should be known, as a speculative use does not allow for determining appropriate lot size or compliance with any other PPS policy. Finally, lot creation may be permitted for a residence surplus to a farming operation as a result of farm consolidation or infrastructure, provided specific conditions are met (PPS Policies 2.3.4.1 c and d)). Further details are provided in the guidelines on lot creation. 2.5.6 Municipal By-laws If a municipality wants to control or restrict noise, hours of operation or signage on the site of agriculture - related or on-farm diversified uses, it can consider using its authority under the Municipal Act, 2001, to pass specific municipal by-laws. Some municipalities have special event by-laws to regulate temporary uses. Municipal by-laws need to consider all relevant legislation, including the Farming and Food Production Protection Act, 1998. 2.5.7 Building Permits The Ontario Building Code sets standards for the design and construction of buildings to meet health, safety, fire protection, accessibility, resource conservation and other objectives. The construction of farm buildings is regulated by Ontario's Building Code (code) (in particular Article 1.3.1.2. of Division A) and the model National Farm Building Code of Canada. The National Farm Building Code stipulates additional or different requirements than those found in the code. In some cases, the requirements are lower for farm buildings than for other kinds of buildings (e.g., smaller exit distance, smaller spatial separations and less stringent requirements for firefighting water supplies). io While the focus in these guidelines is on consistency with PPS lot creation policies, policies in any other applicable provincial plan may also apply. ICR 2. PERMITTED USES According to the code, "Farm building means all or part of a building, • that does not contain a residential occupancy, • that is associated with and located on land devoted to the practice of farming, and • that is used essentially for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds." A building permit is normally required: • before construction begins for new buildings and additions or to replace or renovate existing structures • if the occupancy of the building is changed • to install, alter, repair or extend an on-site sewage system The Nutrient Management Act, 2002, establishes mandatory construction protocols for structures that store nutrient materials. Those requirements are referenced in the code as an applicable law. Municipalities are responsible for enforcing the code. Enforcement activities include reviewing applications for building permits, issuing permits and conducting inspections. In some areas of Ontario, local health units and conservation authorities enforce the code in respect to on-site sewage systems. Building permits are issued when the responsible authority is satisfied that the technical requirements of the code and all applicable law as set out in the code, including zoning by-laws are met. For more information on building permits, please contact the local municipal building department and visit the Ministry of Municipal Affairs website (ontario.ca/mmah). Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 32 3. BEYOND PERMITTED USES Land uses that do not meet the criteria for agricultural, agriculture -related or on-farm diversified uses are considered non-agricultural uses. This includes new or expanding settlement areas, limited non-residential uses and the extraction of minerals, petroleum resources and mineral aggregate resources. This section provides guidance on removal of land from prime agricultural areas for new or expanding settlement areas and permission for limited non-agricultural uses in prime agricultural areas. Direction on the extraction of minerals, petroleum resources and mineral aggregate resources in prime agricultural areas is not addressed in this document. PPS Policy 2.3.5.1 Planning authorities may only exclude land from prime agricultural areas for expansions of or identification of settlement areas in accordance with PPS Policy 1.1.3.8. While the focus of these guidelines is on consistency with PPS policies, settlement area and non-agricultural use policies in any other applicable provincial plan (e.g., Growth Plan for the Greater Golden Horseshoe, Greenbelt Plan) may also apply. Where other provincial plans are in effect, planning decisions must conform or not conflict with them, as the case may be. 3.1 Settlement Areas and Prime Agricultural Areas PPS Policy 2.3.5 allows for the removal of land in prime agricultural areas for new or expanding settlement areas, subject to meeting all of the conditions outlined in PPS Policy 1.1.3.8. The process to remove land from prime agricultural areas for new or expanded settlement areas begins with a broad, landscape -level assessment of potential settlement areas. It proceeds to the evaluation of alternative locations and identification of mitigation measures to reduce the impact on agriculture. 3.1.1 Preliminary Assessment Policy 2.3.2 of the PPS requires planning authorities to designate prime agricultural areas and clearly indicate that the area shall be protected for long-term use for agriculture. PPS Policy 1.1.3.8 states that removal of land from prime agricultural areas for new or expanding settlement areas can only be considered by planning authorities at the time of a comprehensive review of the municipal official plan (ontario.ca/cvgg). During comprehensive reviews, municipalities look at how best to manage growth (e.g., servicing feasibility, building complete communities) while protecting provincial interests like protecting prime agricultural areas for long-term use for agriculture. They look at opportunities broadly within their boundaries and consider cross jurisdictional issues. FBefore considering new or expanded settlement areas in prime agricultural areas, municipalities must demonstrate that there are insufficient opportunities for development within existing settlement areas or on rural lands. 19N] Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas The PPS directs growth to settlement areas to create sustainable and vibrant communities. During the comprehensive review", municipalities identify intensification, redevelopment and designated growth area opportunities. Often, these lands already are or could be connected to existing municipal services. The PPS requires that infrastructure and public service facilities be financially viable and protect public health, safety and the environment. Beyond existing settlement areas, PPS Policy 1.1.1 d) suggests that the focus of any new settlement areas should be on lands adjacent or close to existing settlement areas .12 Removal of land from prime agricultural areas can only be considered where there are no reasonable alternatives outside of prime agricultural areas (PPS Policy 1.1.3.8 c)). In this case, lower -priority agricultural lands within prime agricultural areas must be identified and considered. The PPS states that settlement areas shall not include lands that comprise specialty crop areas. The PPS also requires that new or expanding settlement areas comply with the provincial minimum distance separation formulae. The basis for this approach is that settlement areas can be built on a range of soil and landscape types. In contrast, agriculture is a finite resource, dependent on soil, climate, topography and other fixed -location factors to be productive. Order of Priority for Protection of Farmland within Prime Agricultural Areas: • specialty crop areas • CLI Class 1, 2 and 3 lands • any associated Class 4 through 7 lands (Based on PPS Policy 2.3.1) If lands within settlement areas and rural lands are unavailable for non-agricultural uses, lower -priority lands must be evaluated before more productive agricultural lands can be considered. 3.1.2 Alternative Locations If there are insufficient growth opportunities within existing settlement areas and on rural lands outside of prime agricultural areas, lower -priority (i.e., poorer -quality) land within prime agricultural areas needs to be identified and evaluated. 11 These guidelines do not provide a full overview of the requirements for a comprehensive review and are intended to only address the removal of land from prime agricultural areas per PPS Policy 2.3.5. 11 Within the Greater Golden Horseshoe, the Growth Plan prohibits the establishment of new settlement areas. Any new growth areas must be contiguous to existing settlement areas. ICS! 3. BEYOND PERMITTED USES To identify lower -priority agricultural lands for potential alternative settlement areas locations, consider the following factors: • existing official plan designation(s) • Canada Land Inventory (CLI) mapping showing land capability for agriculture (ontario.ca/agmaps) • soil type and characteristics (as reported in county soil reports (www.sis.agr.FFc.ca/cansis/publications� surveys/on/index.html)); guidelines for soil surveys are available for undertaking detailed soil surveys for land use planning (ontario.ca/cvgf) • current use of the land (identify both agricultural and non-agricultural uses) • degree of fragmentation of the agricultural land base by non-agricultural uses • farm parcel size relative to the type of agriculture in the area (e.g., cash crops and livestock farms generally require large parcels while specialty crops may not) • access to water for agricultural uses • differing climatic conditions, if applicable (e.g., crop heat units, microclimate) • presence, use and capital investment in farm buildings and infrastructure (e.g., the drainage, irrigation) • proximity to farm supply, storage, distribution or processing facilities (may be beyond 1.5 km) Normally this evaluation would consider both the lands required for settlement areas and an area extending 1.5 km from the potential settlement areas .13 Identification of lower -priority agricultural lands is a comparative exercise. For example, lower priority agricultural lands may have relatively lower -capability land (based on CLI), fewer drainage or irrigation upgrades and poorer water access (where upgrades or access is required for the type of agriculture common in the area) than surrounding agricultural areas. Lower -priority agricultural lands may also have a relatively small area in agriculture, be fragmented by non-agricultural uses and/or have small parcel sizes. Before or during a comprehensive review, municipalities may undertake agricultural land evaluation studies (e.g., a Land Evaluation and Area Review (LEAR) study or a provincially -acceptable alternative land evaluation system) to help identify prime agricultural areas. These studies consider many of the same factors noted above and may help inform consideration of alternative locations for new or expanding settlement areas. Remember though that LEAR studies broadly characterize the landscape and are not intended to be used for site-specific purposes. The potential to mitigate the impacts of new or expanding settlement areas on nearby agricultural operations is also a factor in the assessment of alternative locations. 3.1.3 Impact Mitigation Policy 1.1.3.8 e) of the PPS requires that impacts from new or expanding settlement areas on agricultural operations, which are adjacent or close to the settlement area, be mitigated to the extent feasible. As a first step, identify potential adverse impacts on neighbouring agricultural operations resulting from proposed, new or expanding settlement areas. 13 For consistency, the Minimum Distance Separation Implementation Guidelines provide a recommended investigation distance for identifying potential livestock facilities and the need to apply MDS. The recommended distances are 750 m for Type A land uses (e.g., industrial uses, low - intensity recreational uses) and 1,500 m for Type B land uses (e.g., commercial uses, high-intensity recreational uses, settlement areas). Normally, 1,500 m would be reasonable for the consideration of localized impacts on agriculture from new or expanding settlement areas. 1917 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Municipalities undertaking a comprehensive review of their official plan complete studies to update the review (e.g., traffic, agricultural and servicing studies). These studies can help with the identification of new settlement areas and with the identification of impacts and mitigation. In order to satisfy PPS requirements in Policy 1.1.3.8 and Policy 2.3.6.2, municipal official plan policies should require agricultural impact assessments for new or expanding settlement areas or limited non-agricultural uses where appropriate. Agricultural Impact Assessments • describe the agricultural area and uses • identify all agricultural operations that may be impacted by a proposed development • identify potential agricultural impacts including limitations on future farming options • recommend how impacts can be avoided, reduced and mitigated • identify net impacts to agriculture Impacts can be short- or long-term and may affect agricultural production, infrastructure, operations or farmers' flexibility in carrying out their farming business. Examples of potential impacts include: • loss of agricultural land • increased traffic and safety risks for slow-moving farm equipment operators and people in passing vehicles • nuisance complaints by new residents related to normal farm practices (may depend on wind direction, landforms, vegetation, etc.) • farmer concern over lighting, noise, dust and other changes in settlement areas that are incompatible with agriculture (also dependent on physical site attributes) • new or increased minimum distance separation requirements that may restrict future development or expansion of livestock facilities • trespassing, vandalism, pets at large and litter/garbage disposal on farm properties • change in water quality or quantity • increased growth pressure on remaining agricultural lands After identifying potential impacts, the study must find ways to eliminate or reduce the impacts. Examples of the measures municipalities may need to implement to mitigate impacts include: Loss of agricultural land • ensuring only the land needed to accommodate the forecasted need within the planning horizon is removed from the prime agricultural area • phasing development so that as much land as possible continues to be used for farming for as long as possible • supporting urban agriculture in settlement areas Traffic and safety risk • ensuring signage is used on slow-moving farm vehicles at all times (as required by the Highway Traffic Act, 1990) and along roads frequently used by farm vehicles • designing roads and traffic controls to accommodate wide, slow-moving farm equipment (e.g., wide shoulders, no curbs, reduced speed limits, designing traffic circles to safely accommodate large farm equipment), and controlling traffic access to new or expanding settlement areas • improving public transit in and to new settlement areas to reduce rural traffic 3. BEYOND PERMITTED USES Nuisance issues designing subdivisions to reduce potential conflicts (e.g., buffers on the urban side and screening between agricultural and non-agricultural uses, exterior lighting appropriate to rural character) providing public education on normal farm practices providing education to farm operators on how to minimize nuisance impacts and develop `good neighbour' relationships (e.g., maintain or enhance established farm windbreaks) where appropriate, placing warning/notification clauses on non-agricultural property titles in prime agricultural areas regarding the potential for nuisance effects arising as a result of normal farm practices requiring air conditioning units as a standard inclusion for new buildings adjacent to agricultural areas Minimum Distance Separation • giving existing livestock facilities space to operate by ensuring that MDS setbacks are established early in the land use planning process (i.e., at the time of an official plan amendment for new or expanding settlement areas rather than at the plan of subdivision stage) • placing employment areas, stormwater management systems or green space at the edge of settlement areas to separate residential and agricultural areas Trespassing, vandalism, pets at large and litter/garbage disposal • educating the public on laws they should be aware of (e.g., Trespass to Property Act, 1990) and avoidance of damage to agriculture • appropriately designing and maintaining fencing around the perimeter of non-agricultural uses bordering agricultural land • erecting signage • developing municipal by-laws that require pets to be kept on -leash • providing regular garbage collection, municipal assistance in removing illegally dumped goods, etc. • establishing and enforcing related by-laws (e.g., fines) Water issues maintaining existing water supplies, agricultural drainage and irrigation infrastructure avoiding water erosion by minimizing impermeable surfaces and maximizing vegetated areas in new settlement areas ensuring effective stormwater management in new settlement areas Growth pressure • developing firm urban boundaries that generally follow recognizable features (e.g., roads or rivers) • imposing strict control on the extension of municipal services (e.g., water and wastewater) • developing higher targets for intensification and redevelopment within settlement areas • providing agricultural easements along the rural -urban fringe/interface Other supportive measures • providing municipal economic development support for agriculture in the area (e.g., support for infrastructure such as farmers' markets, processing or distribution centres, community improvement plans for agricultural areas, agricultural liaison officer, signage, maps and websites to promote agriculture) • if the municipality does not yet have one, creating a municipal agricultural advisory committee comprised of area farmers, representing the diversity of agriculture in the municipality, to advise council and staff on agricultural issues Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Some Municipal Options for Mitigating Agricultural Impacts • designating uses such as employment lands, stormwater management areas or open space between future residential and existing agricultural areas • adopting official plan policies for rural/urban interface areas (e.g., buffers or other edge planning policies) • identifying additional "complete application" standards in an official plan for Planning Act applications (e.g., agricultural impact assessment, stormwater management plan, transportation plan, etc. depending on the application) • adopting zoning by-law provisions for buffers and fencing in specific interface areas • passing a municipal noise by-law Some of these mitigation examples are standard practices in communities where agriculture and non- agricultural land uses co -exist. To specifically mitigate the impact of new or expanding settlement areas on prime agricultural areas, multiple mitigation methods may be needed. The list above is not exhaustive. Local circumstances, needs and opportunities should be factored in, typically when completing an agricultural impact assessment. Municipalities should ensure that the mitigation measures are implemented, and if necessary, monitored. Consultation with the municipal agricultural advisory committee may be helpful. PPS Policy 1.1.3.8 e) requires that impacts be mitigated "to the extent feasible." That means mitigation is required when impacts are predicted and should be proportional to the estimated degree of impact or risk. For example, new settlement areas in prime agricultural areas that significantly increase traffic and risk of accidents on local roads on an on-going basis may require mitigation like a new access road, road upgrades and signage. Small new settlement area expansions that do not significantly increase traffic, or only on an occasional basis, would likely not need such extensive mitigation. Mitigation must also be economically reasonable in terms of the outcome achieved. For example, mitigate potential trespassing onto an adjoining farm, installing fencing and signage along the property line may be feasible, whereas a 5 m high brick wall may not be. Identification of mitigation measures should be followed by the assessment of net impacts, assuming the proposed mitigation is in place. The preferred location for new or expanding settlement areas is one that avoids prime agricultural areas or uses opportunities on rural lands. If this is not possible, the first option should be to use lower -priority prime agricultural land where net impact on surrounding agricultural operations would be minimal, assuming other provincial interests are also satisfied. 3.2 Limited Non -Agricultural Uses in Prime Agricultural Areas This section provides guidance on implementation of PPS Policy 2.3.6, addressing limited non-agricultural uses in prime agricultural areas, with the exception of Policy 2.3.6.1 a) which addresses the extraction of minerals, petroleum resources or mineral aggregate resources. Non-agricultural uses in this context include uses beyond those permitted in Policy 2.3.3 of the PPS (i.e., agricultural, agriculture -related and on-farm diversified uses). 3. BEYOND PERMITTED USES PPS Policy 2.3.6 Non -Agricultural Uses in Prime Agricultural Areas 2.3.6.1 Planning authorities may only permit non-agricultural uses in prime agricultural areas for: a) extraction of minerals...; or b) limited non-residential uses, provided that all of the following are demonstrated: 1. the land does not comprise a specialty crop area; 2. the proposed use complies with the minimum distance separation formulae; 3. there is an identified need within the planning horizon provided for in PPS policy 1.1.2 for additional land to be designated to accommodate the proposed use; and 4. alternative locations have been evaluated, and there are no reasonable locations which avoid prime agricultural areas; and there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 3.2.1 Preliminary Assessment Prime agricultural areas are distinct from rural lands. On rural lands, PPS Policy 1.1.5.2 provides for a wide range of non-agricultural uses such as the management or use of resources, resource-based recreational uses, home occupations and home industries, cemeteries and other rural land uses. However, in prime agricultural areas, permitted uses are limited to agricultural, agriculture -related and on-farm diversified uses. Other uses must be directed to settlement areas or rural lands, unless they can be justified in accordance with Policy 2.3.6 of the PPS. PPS Policy 2.3.6.1 specifies the limited circumstances under which non-agricultural uses may be considered in prime agricultural areas. Any non-agricultural uses must be non-residential, outside of specialty crop areas and meet the minimum distance separation formulae setbacks. A proposal must demonstrate need for the use, evaluate alternative locations and identify how impacts will be mitigated. New non-agricultural uses in prime agricultural areas typically require official plan and zoning by-law amendments. New or expanded settlement areas permanently remove land from prime agricultural areas (i.e., the lands are no longer subject to PPS prime agricultural area policies). Permission for other non-agricultural land uses does not remove the land from the prime agricultural area so the prime agricultural area policies in the PPS and applicable official plan policies continue to apply. Should an approved non-agricultural use discontinue in the future, any future uses must meet the prime agricultural area policies. The assessment of need and evaluation of alternative locations for non-agricultural uses are geographically - based and depend on the type of use and the region from which customers are drawn. Part III of the PPS indicates that policies apply at a range of geographic scales. Policies need to be considered in the context of the municipality or planning area as a whole. This issue is further discussed in Alternative Locations (Section 3.2.3). Rigorous assessment of need, evaluation of alternative locations and mitigation of impacts should be required by municipalities as part of a complete application for non-agricultural uses in the prime agricultural area. Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Limited Non -Residential Uses In prime agricultural areas, limited non-residential uses are uses that include commercial, industrial, institutional or recreational uses but exclude residential uses. These uses may only be considered in prime agricultural areas if other locations are unavailable and if they meet the tests of PPS Policy 2.3.6.1 b). Limited non-residential uses must be limited in area based on the land area that would no longer be available to agriculture. The term "limited" also suggests that the use may be a single use rather than an assembly of uses. For example, a proposed single industrial use occupying a small footprint that meets all other requirements under PPS Policy 2.3.6.1 b) may be acceptable, while an industrial park would not be. AOL 3.2.2 Demonstration of Need PPS Policy 2.3.6.1 b) 3 states that need for land to accommodate the non-residential use must be justified "within the planning horizon provided for in Policy 1.1.2." (i.e., over a time horizon of up to 20 years unless an alternate time period has been established). Non-agricultural uses are not permitted in prime agricultural areas if the need for land to accommodate the use within the planning horizon cannot be appropriately demonstrated. In prime agricultural areas, only the minimal amount of land to accommodate the use should be considered. Identification of need for a proposed limited non-agricultural use requires appropriate justification which is usually provided through a planning report and justification study. The scope of this study depends on the proposed use and starts by identifying the specific geographic market or service area for the proposed use. It usually includes information on and analysis of: • the demand for the product or service • an inventory of current suppliers/competitors • how much of the current and future projected demand is met within a given market or service area • distance to markets or clients • economic impacts of the proposed use • a preliminary assessment of the potential impacts on agricultural operations in the area 3.2.3 Alternative Locations Under Policy 2.3.6.1 b) of the PPS, evaluation of reasonable alternative locations for limited non-agricultural uses is mandatory. Based on PPS policy 2.3.6.1 b), applicants must first look to lands outside prime agricultural areas. The geographic area within which to identify alternative sites varies with the use. Alternative sites must be considered within the entire market area/service area for the use. For example, OMAFRA, in consultation with other parties, has determined that an application for a new golf course should consider alternative locations within a 1 -hour driving distance of the target golfing population, roughly a distance of 50-60 km. This is the distance golfers are usually willing to drive for an 18 -hole golf game (Royal Canadian Golf Association, 2006). The distance may be greater for an exclusive golf course. t,V 3. BEYOND PERMITTED USES P19j Arguing that applicants own only one site, or that sites in settlement areas are unaffordable for the proposed use, are insufficient reasons and should not be considered adequate justification. 0 Likewise, to identify alternative locations for a church, proponents must first look at sites within settlement areas and on rural lands within the geographic area to be served. If no reasonable alternative locations are available in these areas, lower -priority areas within prime agricultural areas can be identified and evaluated. The service area for non-agricultural uses in a community that relies on horse-drawn vehicles for transportation is smaller than for uses that cater to customers using cars or trucks. Proponents of non- agricultural uses in communities relying on horse-drawn vehicles would need to consider sites within the service area in settlement areas, on rural lands and on lower priority agricultural lands, in that order of priority. To identify lower -priority agricultural lands within prime agricultural areas, proponents must analyze the factors discussed in Section 3.1.2, such as official plan designation, CLI class and current use of the land. Depending on the scale of the proposed non-agricultural use, the analysis of location alternatives may need to be more detailed and site-specific than for new settlement areas. For example, CLI mapping at 1:10,000 or 1:8,000 may be required. Depending on local circumstances, sites with a previous non-agricultural use may be considered lower -priority agricultural areas for the purpose of identifying alternative locations. Adaptive reuse of sites with commercial or industrial zoning could be suitable and would avoid greenfield development. Significantly -disturbed sites that cannot be returned to an agricultural use could be considered lower -priority areas. Sites historically approved for non-agricultural uses that have never been developed cannot be considered lower -priority land — they remain as agricultural lands. 3.2.4 Impact Mitigation PPS Policy 2.3.6.2 requires the impacts of new or expanding non-agricultural uses in prime agricultural areas on surrounding agricultural operations to be mitigated to the extent feasible. Depending on the use, non- agricultural uses in prime agricultural areas may trigger the need to consider the types of mitigation identified in Section 3.1.3. Impact mitigation for small-scale, non-agricultural uses that do not significantly conflict with agriculture may require a localized approach (e.g., dust suppression, fencing, appropriate lighting, etc.). Large-scale uses that could significantly conflict with agriculture would require more extensive mitigation measures. Guidance on satisfying the "to the extent feasible" requirement is also provided in Section 3.1.3. PPS Policy 2.3.6.2 Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands are to be mitigated to the extent feasible. L :i Identification of mitigation measures should be followed by an assessment of net impacts, assuming the proposed mitigation measures are in place. The preferred location for non-agricultural uses in prime agricultural areas would be on lower -priority land where there is minimal net impact on surrounding agricultural operations. Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 42 4. FREQUENTLY -ASKED QUESTIONS 4.1 General 1. Would agricultural, agriculture -related and on-farm diversified uses in prime agricultural areas trigger any Planning Act applications, such as official plan amendments, zoning amendments, minor variances or site plan control? An official plan amendment would not be required if the uses permitted by the PPS and explained in these guidelines are permitted in the prime agricultural area policies of the municipal official plan. Landowners have the right to establish these uses, provided other requirements are met (e.g., applicable performance standards in zoning by-laws, building permits, site alteration or tree by-laws, site plan control, conservation authority permits, Endangered Species Act, 1973, requirements). Zoning and site plan control may address issues such as setbacks, outdoor storage, lighting and parking. If existing zoning by-law requirements are not met by the proposed development, an application for a minor variance or zoning by-law amendment may be required. Landowners must consult with the appropriate municipality or planning authority to identify local requirements. 2. Could a single property in a prime agricultural area support more than one agricultural, agriculture - related or on-farm diversified use? There could be more than one of these uses on a single property if all the principles identified in Section 1.4. and all the criteria for the uses are met. For example, for more than one on-farm diversified use to be acceptable, the combined uses would need to be compatible with and not hinder surrounding agricultural operations, be secondary to the principal agricultural use of the property and be limited in area. An example of an existing property with a combination of uses is provided in Appendix 3. 3. Could a single property in a prime agricultural area accommodate both an on-farm diversified use and an agriculture -related use? An agriculture -related use may be located on a farm parcel or on a parcel of its own. If the agriculture - related use is located on a non-farm parcel, then an on-farm diversified use would not be permitted on the same parcel. On-farm diversified uses can only be located on farms. If both uses are proposed to be located on a farm, the applicant and municipality would need to assess whether all of the principles of permitted uses in prime agricultural areas (Section 1.4) could still be met. If so, the uses would also need to meet all on-farm diversified use and agriculture -related use criteria. 4. Under what circumstances would severances be considered for permitted uses in prime agricultural areas? In prime agricultural areas, severances are not permitted for on-farm diversified uses. Severances may be permitted only for agricultural uses and agriculture -related uses if certain conditions can be met. While the PPS may allow severances for agriculture -related uses, there may already be properties in prime agricultural areas that could accommodate a proposed use, thereby avoiding the need for a severance. For example, a property previously used for another agriculture -related use may be available. Locating a new agriculture -related use on such a site is preferred over creating a new lot in a prime agricultural area. Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 5. Are renewable energy projects (e.g., solar facilities, wind turbines and biogas systems) permitted in prime agricultural areas? Renewable energy projects fall under the Green Energy Act, 2009, and are generally not subject to approval under the Planning Act, 1990. The Planning Act, 1990, exemption means that land use planning instruments such as municipal official plans, zoning by-laws and site plan control do not apply to renewable energy projects. Nor, generally, do the PPS or these guidelines. As a general guide, ground -mounted solar projects larger than 10 kilowatts may be restricted from being located on prime agricultural areas or on prime agricultural land. Other renewable energy technologies can co -exist with agriculture and may be permitted in prime agricultural areas if they are able to meet approval requirements. Details on renewable energy program rules and approvals are available from the Ministry of Energy (ontario.ca/energy) and the Independent Electricity System Operator (www.ieso.ca). 4.2 Compatibility Issues 6. Do Minimum Distance Separation (MDS) Formulae apply to the permitted uses in prime agricultural areas? MDS I and II setbacks apply in rural areas to both rural lands and prime agricultural areas in accordance with the PPS. MDS I applies to proposed new non-farm development in proximity to existing livestock facilities. MDS II applies to proposed new or expanding livestock facilities in proximity to existing or approved non-farm development. Depending on the local municipal official plan and zoning by-law, MDS may also apply to agriculture -related and on-farm diversified uses that could conflict with neighbouring livestock facilities. These uses are often characterized by having a high level of human activity, attracting visitors to the agricultural area. Examples include food services, accommodations, agri-tourism uses and retail operations. Ultimately, direction on the application of MDS to agriculture -related uses and on-farm diversified uses comes from local planning documents. For more information, please see the MDS Implementation Guidelines (ontario.ca/cyge). 7. If an official plan or zoning by-law amendment is required for a new land use in a prime agricultural area, what studies would be required? A planning report is almost always required to outline how the proposed use is consistent with the PPS, these guidelines and municipal planning documents. Other studies could be required to assess impacts and deal with issues related to water and wastewater servicing, traffic, agriculture, and natural and cultural heritage. Municipalities may list the information and material required to deem an application "complete," depending on their official plan policies and the proposed use. Under the PPS, proponents are required to complete environmental studies to demonstrate that the rural water and wastewater servicing is appropriate for the use, and that servicing can be provided in a manner that does not result in negative impacts on water quality and quantity. Traffic assessments may be needed for uses that have potential for off-site impacts such as increased traffic and safety concerns with slow- moving farm vehicles. Agricultural impact assessments summarize all potential impacts and how they can be avoided, reduced and mitigated. Where historic farm buildings are proposed to be adapted to a new use, local guidelines may need to be followed and Municipal Heritage Committees consulted. In some cases, a cultural or heritage assessment may be required. Landowners must consult with the appropriate municipality or planning authority to identify local requirements. !El! 4. FREQUENTLY -ASKED QUESTIONS 8. How can conflicts be avoided between a farmer and a neighbouring on-farm diversified use? Conflicts can be avoided by ensuring that the on-farm diversified use meets the requirements of the PPS and satisfies the provisions of these guidelines. Good planning at the municipal level is essential. This may mean amending existing official plan policies or zoning by-laws. Some municipalities have an Agricultural Advisory Committee that provides Council and staff with local advice on agricultural issues. Consultation with these committees, as well as with local agricultural organizations and rural residents, can help to anticipate potential conflicts and identify appropriate courses of action. Conflicts between farmers and nearby on-farm diversified uses can often be avoided through open communication with neighbours and with the use of best management practices (e.g., tree planting along the property line, on-site dust suppression and noise control). 4.3 Agriculture -Related Uses 9. What happens to a non-farm property in a prime agricultural area with an agriculture -related use that is no longer operational? What redevelopment opportunities are there for such a site? Since the prime agricultural area policies of the PPS apply to these lands, any new uses must meet PPS policies and these guidelines. If the site has been disturbed in a way that it could not reasonably be returned to active agricultural production, it could be used for another agriculture -related use that meets the PPS criteria discussed in these guidelines. 4.4 On -Farm Diversified Uses 10. What happens if the owner of an on-farm diversified use in a prime agricultural area wants to expand that use? The owner can expand an on-farm diversified use if the use is consistent with PPS policies and these guidelines and the post -expansion area remains under the identified thresholds. If the proposed expansion is larger than the thresholds, the business could be relocated to an alternative site that is zoned for the use, normally to a site with commercial or industrial zoning inside or outside of settlement areas. Under limited circumstances and only where adequate justification is provided, Section 2.3.6 of the PPS permits limited non-residential, non-agricultural uses in prime agricultural areas. This would involve an application for an official plan amendment and zoning by-law amendment. 11. Are conference centres a permitted use in prime agricultural areas? Conference centres would not be permitted in prime agricultural areas unless they are small and meet all the criteria for on-farm diversified uses (i.e., secondary to the principle agricultural use of the property, limited in area, located on a farm and compatible with surrounding agriculture). C�7 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 46 PP Appendix 1: PPS 2014 Policies and Definitions PPS Policies 2.3.3 Permitted Uses 2.3.3.1 In prime agricultural areas, permitted uses and activities are agricultural uses, agriculture -related uses and on-farm diversified uses. Proposed agriculture -related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on guidelines developed by the Province or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. 2.3.3.2 In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 2.3.3.3 New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae. 2.3.5 Removal of Land from Prime Agricultural Areas 2.3.5.1 Planning authorities may only exclude land from prime agricultural areas for expansions of or identification of settlement areas in accordance with PPS Policy 1.1.3.8. 1.1.3.8 A planning authority may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a comprehensive review and only where it can be demonstrated that: a) sufficient opportunities for growth are not available through intensification, redevelopment and designated growth areas to accommodate the projected needs over the identified planning horizon; b) the infrastructure and public service facilities which are planned or available are suitable for the development over the long term, are financially viable over their life cycle, and project public health and safety and the natural environment; c) in prime agricultural areas: 1. the lands do not comprise specialty crop areas; 2. alternative locations have been evaluated, and i. there are no reasonable alternatives which avoid prime agricultural areas; and ii. there are no reasonable alternatives on lower priority agricultural lands in prime agricultural areas; d) the new or expanding settlement area is in compliance with the minimum distance separation formulae; and e) impacts from new or expanding settlement areas on agricultural operations which are adjacent or close to the settlement area are mitigated to the extent feasible. In determining the most appropriate direction for expansions to the boundaries of settlement areas or the identification of a settlement area by a planning authority, a planning authority shall apply the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 47 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 2.3.6 Non -Agricultural Uses in Prime Agricultural Areas 2.3.6.1 Planning authorities may only permit non-agricultural uses in prime agricultural areas for: a) extraction of minerals, petroleum resources and mineral aggregate resources, in accordance with policies 2.4. and 2.5; or b) limited non-residential uses, provided that all of the following are demonstrated: 1. the land does not comprise a specialty crop area 2. the proposed use complies with the minimum distance separation formulae; 3. there is an identified need within the planning horizon provided for in PPS Policy 1.1.2 for additional land to be designated to accommodate the proposed use; and 4. alternative locations have been evaluated, and there are no reasonable alternative locations which avoid prime agricultural areas; and there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 2.3.6.2 Impacts from any new or expanding non-agricultural use on surrounding agricultural operations and lands are to be mitigated to the extent feasible. PPS Definitions Agricultural uses: means the growing of crops including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre including poultry and fish; aquaculture; apiaries; agro- forestry; maple syrup production; and associated on-farm buildings and structures, including, but not limited to, livestock facilities, manure storages, value -retaining facilities and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. Agri -tourism uses: means those farm -related tourism uses, including limited accommodation such as a bed and breakfast, that promote the enjoyment, education or activities related to the farm operation. Agriculture -related uses: means those farm -related commercial and farm -related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations and provide direct products and/or services to farm operations as a primary activity. Brownfield sites: means undeveloped or previously -developed properties that may be contaminated. They are usually, but not exclusively, former industrial or commercial properties that may be underutilized, derelict or vacant. Comprehensive review: means a) for the purposes of PPS policies 1.1.3.8 and 1.3.2.2, an official plan review which is initiated by a planning authority, or an official plan amendment which is initiated or adopted by a planning authority, which: 1. is based on a review of population and employment projections and which reflect projections and allocations by upper -tier municipalities and provincial plans, where applicable; considers alternative directions for growth or development; and determines how best to accommodate the development while protecting provincial interests; 2. uses opportunities to accommodate projected growth or development through intensification and redevelopment; and considers physical constraints to accommodating the proposed development within existing settlement area boundaries; APPENDICES 3. is integrated with planning for infrastructure and public service facilities, and considers financial viability over the life cycle of these assets, which may be demonstrated through asset management planning; 4. confirms sufficient water quality, quantity and assimilative capacity of receiving water are available to accommodate the proposed development; 5. confirms that sewage and water services can be provided in accordance with PPS Policy 1.6.6; and 6. considers cross jurisdictional issues. b) for the purposes of PPS Policy 1.1.6, means a review undertaken by a planning authority or comparable body which: 1. addresses long-term population projections, infrastructure requirements and related matters; 2. confirms that the lands to be developed do not comprise specialty crop areas in accordance with PPS Policy 2.3.2; and 3. considers cross jurisdictional issues. In undertaking a comprehensive review, the level of detail of the assessment should correspond with the complexity and scale of the settlement boundary or development proposal. Designated growth areas: means lands within settlement areas designated in an official plan for growth over the long-term planning horizon provided in PPS Policy 1.1.2, but which have not yet been fully developed. Designated growth areas include lands which are designated and available for residential growth in accordance with PPS Policy 1.4.1(a), as well as lands required for employment and other uses. Development: means the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act, 1990, but does not include: a) activities that create or maintain infrastructure authorized under an environmental assessment process; b) works subject to the Drainage Act, 1990; or c) for the purposes of PPS Policy 2.1.4(a), underground or surface mining of minerals or advanced exploration on mining lands in significant areas of mineral potential in Ecoregion 5E, where advanced exploration has the same meaning as under the Mining Act, 1990. Instead, those matters shall be subject to PPS Policy 2.1.5(a). Employment area: means those areas designated in an official plan for clusters of business and economic activities including, but not limited to, manufacturing, warehousing, offices, and associated retail and ancillary facilities. Infrastructure: means physical structures (facilities and corridors) that form the foundation for development. Infrastructure includes: sewage and water systems, septage treatment systems, stormwater management systems, water management systems, electricity generation facilities, electricity transmission and distribution systems, communications/telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities. Intensification: means the development of a property, site or area at a higher density than currently exists through: a) redevelopment, including the reuse of brownfield sites; b) the development of vacant and/or underutilized lots within previously developed areas; c) infill development; and d) the expansion or conversion of existing buildings. Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Mineral aggregate resources: means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act, 1990, suitable for construction, industrial, manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act, 1990. Minerals: means metallic minerals and non-metallic minerals as herein defined, but does not include mineral aggregate resources or petroleum resources. Minimum distance separation formulae: means formulae and guidelines developed by the Province, as amended from time to time, to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. Normal farm practices: means a practice, as defined in the Farming and Food Production Protection Act, 1998, that is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances; or makes use of innovative technology in a manner consistent with proper advanced farm management practices. Normal farm practices shall be consistent with the Nutrient Management Act, 2002 and regulations made under that Act. On-farm diversified uses: means uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products. Petroleum resources: means oil, gas, and salt (extracted by solution mining method) and formation water resources which have been identified through exploration and verified by preliminary drilling or other forms of investigation. This may include sites of former operations where resources are still present or former sites that may be converted to underground storage for natural gas or other hydrocarbons. Prime agricultural area: means areas where prime agricultural lands predominate. This includes areas of prime agricultural lands and associated Canada Land Inventory Class 4 through 7 lands, and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture. Prime agricultural areas may be identified by the Ontario Ministry of Agriculture, Food and Rural Affairs using guidelines developed by the Province as amended from time to time. A prime agricultural area may also be identified through an alternative agricultural land evaluation system approved by the Province. Prime agricultural land: means specialty crop areas and/or Canada Land Inventory Class 1, 2, and 3 lands, as amended from time to time, in this order of priority for protection. Public service facilities: means land, buildings and structures for the provision of programs and services provided or subsidized by a government or other body, such as social assistance, recreation, police and fire protection, health and educational programs, and cultural services. Public service facilities do not include infrastructure. Redevelopment: means the creation of new units, uses or lots on previously developed land in existing communities, including brownfield sites. 157% APPENDICES Rural areas: means a system of lands within municipalities that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas, and resource areas. Rural lands: means lands which are located outside settlement areas and which are outside prime agricultural areas. Settlement areas: means urban areas and rural settlement areas within municipalities (i.e. cities, towns, villages and hamlets) that are: a) built up areas where development is concentrated and which have a mix of land uses; and b) lands which have been designated in an official plan for development over the long-term planning horizon provided for in PPS Policy 1.1.2. In cases where land in designated growth areas is not available, the settlement area may be no larger than the area where development is concentrated. Sewage and water services: includes municipal sewage services and municipal water services, private communal sewage services and private communal water services, individual on-site sewage services and individual on-site water services, and partial services. Specialty crop area: means areas designated using guidelines developed by the Province, as amended from time to time. In these areas, specialty crops are predominantly grown such as tender fruits (peaches, cherries, plums), grapes, other fruit crops, vegetable crops, greenhouse crops, and crops from agriculturally developed organic soil, usually resulting from: a) soils that have suitability to produce specialty crops, or lands that are subject to special climatic conditions, or a combination of both; b) farmers skilled in the production of specialty crops; and c) a long-term investment of capital in areas such as crops, drainage, infrastructure and related facilities and services to produce, store or process specialty crops. 011 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 52 Appendix 2: Area Calculation Examples for On -Farm Diversified Uses The following examples are based on the area calculations discussed in Section 2.3.1 of these guidelines. Example 1: Small Farm (15 ha parcel) Table 3. Components of on-farm diversified uses on a small farm 0 Existing laneway Existing barn (50% of 600 m2) 300 100 Parking area for four cars (25 m2/vehicle) 400 Total area of the on-farm diversified use I -..;4; _'�'.-. This on-farm diversified use includes a small, existing barn for an antique shop. The existing laneway is used and four parking spaces are created around the barn. The maximum area for an on-farm diversified use on a lot this size is 3,000 m2 (2% of 15 ha). The building for the on-farm diversified use is within the recommended building size cap. J Figure 5. Example of on-farm diversified uses on a small farm. 53 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas Example 2: Medium -Sized Farm (30 ha parcel) Table 4. Components of on-farm diversified uses on a medium farm 222 60 m of new laneway (3.7 m wide) 500 Parking for 20 cars (25 m2/vehicle) 150 New building with cafe, bakery and commercial kitchen 195 Cabins (65 m2 x 3 cabins) 100 1 Farm market (half of 200 m2) 200 Playground 2,000 Landscaped area 3,367 1 Total area of the on-farm diversified uses The on-farm diversified uses in this scenario are grouped away from the farm dwelling. A new 60 m laneway leads to a new building housing a 150 m2 cafe with a commercial kitchen where cooking classes are offered and baked goods are sold, three 65 m2 cabins for overnight farm stays, a 200 m2 produce market (half of which is considered an agriculture -related use as it is used to sell produce from the farm and nearby agricultural area), a 200 m2 farm -themed playground and 2,000 m2 of landscaping. The maximum area for on-farm diversified uses on a lot this size is 6,000 m2 (2% of 30 ha). Together, the buildings used for on-farm diversified uses occupy 445 m2, which is well within the recommended building size cap. Figure 6. Example of on-farm diversified uses on a medium farm. 54 Example 3: Large Farm (50 ha parcel) Table 5. Components of on-farm diversified uses on a large farm 75 Office in a new building 0 Existing laneway 111 30 m of new laneway (3.7 m wide) 150 Parking for five cars and one delivery truck (25 m2/vehicle) 1,500 New fabrication plant 200j_ Outdoor storage 1,000 Landscaped area 3,036 Total area of on-farm diversified uses APPENDICES This on-farm diversified use includes a 75 m2 office in a new building, the existing laneway plus a 30 m extension, parking for five employees and a delivery truck, a new 1,500 m2 building for a fabrication plant, a 200 m2 outdoor storage area and 1,000 m2 of landscaping around the use. The maximum area for on-farm diversified uses on a 50 ha lot or larger is 1 ha or 10,000 m2 (2% of 50 ha or up to a maximum of 1 ha). Together, the buildings for the on-farm diversified uses occupy 1,575 m2, within the recommended building size cap. Figure 7. Example of on-farm diversified uses on a large farm. *7 Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas 56 PP Appendix 3: Example of an Existing Farm with a Combination of Permitted Uses Table 6. Components of multiple permitted uses on 19 ha farm 314 1 Half of the 627 m2 building 366 Half of the 40 -spot parking (19 @ 18 m2; 1 C 24 m2) 400 Half of the 800 m2 landscaped area 0 Existing laneway 1,080 Total area of the existing on-farm i diversified uses Note: areas shared between the agriculture -related and on-farm diversified uses (building, parking, landscaped area) were allocated 50:50 This 19 ha farm comprises: Agricultural uses: apple orchards, shed for farm machinery, farmhouse Agriculture -related uses: cider mill, farm shop selling value-added farm products from the area, Janeway, parking, landscaped area On-farm diversified uses: bakery, bistro (light meals), farm shop selling farm/food products not from the area plus non -agricultural -related goods, parking, landscaped area. The on-farm diversified uses portion of the building is well within the recommended building size cap. Figure 8. Example of multiple permitted uses on 19 ha farm. 57 58 59 � •�� It :�� Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD -070-18 Resolution: File Numbers: ZBA2015-0015 By-law Number: Report Subject: The Local Planning Appeal Tribunal (LPAT) Decision on the Appeal by Deborah & Oswin Mathias regarding meat processing accessory to a farm Recommendations: 1. That Report PSD -070-18 be received for information; 2. That Council enact the Zoning By-law Amendment contained in Attachment 3 of this Report in accordance with the Order of the Local Planning Appeal Tribunal to establish additional regulations and remove the holding symbol for the meat processing use accessory to a farm; 3. That a copy of this report and the amending by-law be forwarded to the Local Planning Appeal Tribunal, the Regional Municipality of Durham and the Municipal Property Assessment Corporation (MPAC); and 4. That all interested parties listed in Report PSD -070-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -070-18 Report Overview Page 2 The Local Planning Appeal Tribunal (LPAT) approved the appeal of Deborah and Oswin Mathias in part specifically with regard to the meat processing use and ordered that Clarington modify Zoning By-law 2017-009 to incorporate regulations to cap the amount of floorspace permitted for meat processing, restrict meat processing to meat raised on the farm and to delete the Holding (H) symbol. 1. Background 1.1 On January 16, 2017, Council adopted Zoning By-law 2017-009 (Resolution #C-006-17) which permitted meat processing on an existing farm at 3582 Morgans Road (Attachment 1). The applicants, Deborah and Oswin Mathias, subsequently appealed Zoning By-law 2017-009 due to the Municipality's refusal to also permit a special event venue as an on- farm diversified use. 1.2 The LPAT hearing was held between April 23 and 27, 2018. A number of area residents participated in the hearing. 2. Decision 2.1 On July 25, 2018 the Local Planning Appeal Tribunal (LPAT) issued its decision on the Mathias appeals. The portion of the decision addressing the event venue is addressed in Report PSD -069-18. 2.2 The zoning by-law amendment for the meat processing use was approved subject to modifications to better regulate the meat processing use on the property. The LPAT ordered the Municipality of Clarington to modify By-law 2017-009 in three parts, as follows: xthe addition of a regulation which caps the floor space devoted to meat processing accessory to a farm at 61 square metres; xthe addition of a regulation that restricts the meat processing use to meat raised on the farm; and xthe deletion of the Holding "H" symbol. The Order specifies that the modified By-law 2017-009 will have an effective date coincident with the date of issuance of the Order (July 25, 2018). The Order is contained on page 29 of the Decision (Attachment 2). 2.3 Council is required to adopt the attached Zoning By-law Amendment (Attachment 3) to implement the Tribunal's Order. It should be noted that under Section 34(18) of the Planning Act, a By-law passed pursuant to an order of the LPAT is exempt from the typical notice and appeal requirements. Municipality of Clarington Report PSD -070-18 3. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 4 Conclusion Page 3 Council is required to adopt the attached Zoning By-law amendment to implement the LPAT decision on the meat processing use accessory to a farm at 3582 Morgans Road. 5. Strategic Plan Application Not applicable. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Andrew Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: David Addington, Planner, Special Projects Branch, 905-623-3379 ext. 2407 or daddington@clarington.net Attachments: Attachment 1 — Zoning By-law Amendment 2017-009 for the On -Farm Diversified Use at 3582 Morgan's Road Attachment 2 — LPAT Order (Case Number: PL170178) Attachment 3 — Proposed by-law to modify Zoning By-law Amendment 2017-009 List of interested parties to be notified of Council's decision is on file in the Planning Services Department. DC/jp I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2015\ZBA2015-0015 3582 Morgans Road\Staff Reports\Report PSD-070-18.Docx IEA9AE8BAHJ"E:"-B8GAE;HEE"-HH89AC:EH";'HE" 1:E EG H"01.),,,)„ Corporation of the Municipality of Clarington By-law Number 2017-009 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 ZBA2015-0015; and Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By-law 84-63 is amended as set out in Sections 2 through 4 of this By-law. 2. Section 6.4 "SPECIAL EXCEPTIONS — AGRICULTURAL ZONE (A) ZONE" is hereby further amended by adding thereto the following new Special Exception: "SECTION 6.4.91 AGRICULTURAL EXCEPTION (A-91) ZONE a. Notwithstanding Sections 6. 1, those lands zoned "A-91" on the Schedules to this By-law, may in addition to other uses permitted in the Agricultural (A) Zone, be used for: i) meat processing accessory to a farm but not including an abattoir 3. Schedule `2' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding — Agricultural Exception ((H) A-91) Zone". 4. Schedule 'A' attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By -Law passed in open session this 16th day of January, 2017. F r Ar ne'Gr6en-66e, Municipal Clerk N This is Schedule "A" to By-law 2017-009 , passed this 16 day ofianuary 2017 A.D. 0 f1_ Z 0 COWANVILLE ROAD! ® Zoning Change From 'A' To '(H)A-91' Zoning Change From 'A' To'EP' ffN Zoning To Remain 'A' Zoning To Remain 'EP' r ddan Mayor Clarke • ZRA 2015-0015 4 Schedule 2 C. ne Gr Wee, Municipal Clerk CcaWRWaP[Wcd,aT,9[PbWaTcaa 8ccPRT]Tac, O,ca, GTaabc,EH:..1..02 PL170178 29 municipal by-laws which deal with such issues as noise, licensing, hours of operation, etc. [96] The Parties each submitted previous decisions on cases in support of their positions. While each case before the Tribunal is evaluated on its own merits, the Tribunal reviewed the submitted cases in advance of reaching its Decision on this case. ORDER [97] The Tribunal orders as follows; A. the appeal of the refusal of the OPA is dismissed; B. the zoning appeal is granted in part and ZBL 2017-009 is approved subject to a three-part modification: the addition of a regulation which caps the floor space devoted to meat processing accessory to a farm at 61 sq m, the addition of a regulation that restricts the meat processing use to meat raised on the farm, and the deletion of the Holding "H" symbol; Clarington is to modify, in a timely manner, ZBL 2017-009 in accordance with this Order and the modified ZBL 2017-009 will have an effective date coincident with the date of issuance of this Order; and C. This Member may be spoken to should any matters arise respecting the implementation of this Order. "Thomas Hodgins" THOMAS HODGINS MEMBER 020 Attachment 3 to Report PSD -070-18 The Corporation of the Municipality of Clarington By-law Number 2018 - being a By-law to amend By-law 2017-009 in accordance with the Order of the Local Planning Appeal Tribunal dated July 25, 2018 WHEREAS the Local Planning Appeal Tribunal has directed the Corporation of the Municipality of Clarington to amend By-law 2017-009 in accordance with the Order dated July 25, 2018 for PLN 40; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 of By-law 2017-009 is repealed and replaced by the following: "Section 6.4 "SPECIAL EXCEPTIONS — AGRICULTURAL ZONE (A) ZONE" is hereby further amended by adding thereto the following new Special Exception: "SECTION 6.4.91 AGRICULTURAL EXCEPTION (A-91) ZONE a. Notwithstanding Sections 6. 1, those lands zoned "A-91" on the Schedules to this By-law, may in addition to other uses permitted in the Agricultural (A) Zone, be used for meat processing accessory to a farm but not including an abattoir, subject to the following regulations: i. All meat to be processed has been raised on the property. ii. The floor space devoted to meat processing does not exceed 61 square metres. 2. Section 3 of By-law 2017-009 is repealed and replaced by the following: "Schedule `2' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Agricultural Exception (A-91) Zone"." 3. Schedule `A' of By-law 2017-009 is deleted and replaced with the modified Schedule `A' attached. 4. Schedule `A' attached hereto shall form part of this By-law. 5. This By-law shall be effective as of July 25, 2018 in accordance with the Order of the Local Planning Appeal Tribunal. By -Law passed in open session this day of September, 2018. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk i:\^department\Ido new filing system\application files\zba-zoning\2015\zba2015-0015 3582 morgans road\staff reports\report psd-070-18\attachment 3 to report psd-070-18 by- law.docx This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. c� O OCt C to C1 L O Cowanville-Road M W vi C It a� o; - Zoning Change From "A" To "A-91" N iv - Zoning Change From "A" to "EP" r: s Zoning To Remain "A" Zoning To Remain "EP" Clarke • ZBA 2015-0015 • Schedule 2 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD -072-18 Resolution: File Number: PLN 23.29 By-law Number: Report Subject: Electric Vehicle Charging Infrastructure - Requirements for New Develooment Recommendation: 1. That Report PSD -072-18 be received for information; Municipality of Clarington Page 2 Report PSD -072-18 Report Overview This report provides an overview of the opportunities and requirements for the implementation of charging infrastructure for electric passenger vehicles. 1. Background 1.1 At the April 2018 Planning and Development Committee meeting, a question was raised about the opportunities for electric vehicle (EV) plug -ins in new residential development, particularly condominiums. As Canada's EV market grows, so must the deployment of the necessary supporting infrastructure. The purpose of this report is to provide an overview of the evolving and dynamic policy and regulatory framework for plug-in electric passenger vehicle charging infrastructure in new residential development and supportive actions being taken by the Municipality. 1.2 While combustion vehicles are expected to remain dominant in the Canadian passenger vehicle market for the foreseeable future, sparking rapid and significant EV uptake has been a key part of supporting the transition to a low -carbon economy in climate change mitigation planning. Additional potential benefits of a transition to EVs include reduced air emissions of other pollutants, reduced noise levels, fuel cost savings, energy grid use efficiencies and increased domestic energy investment. 1.3 an July 3, 2018, Council approved the formation of a dedicated inter -departmental working group who will take a coordinated and integrated approach to identify and prioritize actions to address the local realities of climate change. To support the working group, an update of the "Clarington Community Greenhouse Gas Emissions Inventory" (January 2010) for 2015 was undertaken. Transportation represents the largest portion of community greenhouse gas emissions in the updated base inventory, accounting for nearly half (47%) of the total base emissions (Figure 1). Personal transportation accounts for two-thirds of all transportation emissions. Municipality of Clarington Page 3 Report PSD -072-18 Figure 1: Clarington community greenhouse gas base emissions, by sector, and breakdown of transportation emission sources. 2. Electric Vehicles and Charging Infrastructure 2.1 An electric passenger vehicle that is partially or entirely powered by electricity and plugs in to recharge is considered an EV. This includes vehicles that are fully electric and run exclusively on a battery (Battery Electric Vehicle), and hybrid electric vehicles that plug into an external source of electricity to recharge, but are equipped to use gasoline should the battery run low (Plug-in Hybrid Electric Vehicle)_ 2.2 Canadian EV sales data tracked by Fleetcarma show a significant increase in new EVs sold in 2013 (3,254) as compared to 2017 (18,564). As of December 31, 2017, approximately 47,800 EVs are estimated to be on the road in Canada. In terms of market penetration, the proportion of EVs sold relative to internal combustion cars remains below 1 % annually_ 2.3 EV charging infrastructure is generally classified into three levels, Level 1, Level 2 and DC Fast Charging. The time required to fully charge a battery will depend on the level of charging (Level 1 chargers taking the longest), as well as how full the vehicle battery is. The investment cost, power requirements and electricity demand for EV charging infrastructure also varies by level (DC Fast Chargers being the most expensive). Municipality of Clarington Page 4 Report PSD -072-18 2.4 Similar to the growing uptake of EVs, the availability and variety of both public and private EV charging infrastructure is increasing. As of December 31, 2017, approximately 6,600 Level 2 and DC Fast Charging stations were publicly available in Canada (Electric Mobility Canada Annual Report 2017), with three being located in Clarington. Similar data for EV charging infrastructure installed for private use is not available. While, increasing public EV charging infrastructure is one approach to supporting the acceleration of EV deployment in Canada, it is important to note that the significant majority of EV charging is done at home, at night, which is the most convenient place and time for people to charge their cars. 3. Federal and Provincial Direction for Infrastructure Implementation 3.1 The Pan -Canadian Framework on Clean Growth and Climate Change is the Federal strategy to achieve Canada's international commitments for greenhouse gas reduction. It recognizes the contribution that zero -emission vehicles, which includes EVs, can make to significantly reducing greenhouse gas emissions in Canada. The development of a national zero -emission vehicles strategy is now underway. Federal funding to support the advancement of zero -emission vehicles include an allocation of $120 million in the 2017 Federal budget for a national network of electric vehicle and alternative fueling infrastructure, and technology demonstration projects. 3.2 Ontario's Five Year Climate Change Action Plan 2016-2020 introduces numerous actions to be taken by the Province to support a goal of becoming a North American leader in low -carbon and zero -emission transportation. To support the increased use of EVs, the climate change plan includes a range of incentive -based actions targeting car purchasers, in addition to both a regulatory approach and provincial investment for EV charging infrastructure. 3.3 Initial changes to the Ontario Building Code (OBC) to implement requirements for EV charging infrastructure took effect January 1, 2018. The requirements apply to new houses, including single detached, semi-detached and town houses, and new non- residential buildings with integrated parking spaces (i.e. parking inside the building). 3.4 For new houses, the OBC now requires that rough -ins and adequate unused capacity in the electrical panel be provided to accommodate for the installation of an EV charger by the home owner. In other words, OBC requires that new houses be "EV -ready". While there are some circumstances where the requirements would not be applicable for certain types of townhouses, such as stacked or back-to-back townhouses, the general rule of thumb is that if a driveway/ garage/ carport serves a particular house and if it is connected to the electrical system of the house, the requirement to provide EV charging infrastructure is applied. Municipality of Clarington Page 5 Report PSD -072-18 3.5 For non-residential buildings, OBC now requires that EV chargers be installed in 20 percent of parking spaces and in the remaining spaces be designed to permit the future installation where parking is integrated into the building design. The requirements do not apply to surface parking lots. 3.6 In concert with the new OBC requirements regarding EV charging infrastructure, changes have also been made to Ontario's condominium legislation to make it easier for condo owners to install an EV charger on common elements. The new regulations came into effect on May 1, 2018 and address the proposed installation by the condo corporation or by the condo owner. 3.7 The OBC does not currently establish requirements for multi -unit residential buildings, or non-residential surface parking rates for EV charging. In 2017, the Ministry of Municipal Affairs carried out consultations on proposed future changes to the OBC. These included EV charging infrastructure requirements for multi -unit residential buildings. While the proposed in -effect date stated during the consultations was January 1, 2019, there has been no further indication from the Provincial government with respect to the filing of this OBC amendment. Establishing future requirements for EV charging infrastructure in non-residential surface parking is beyond the authority of the OBC. 3.8 On July 3, 2018, the provincial government announced the cancellation of Ontario's Cap and Trade Program. Ontario's Electric and Hydrogen Vehicle Incentive Program and Electric Vehicle Charging Incentive Program, both of which were funded through cap - and -trade proceeds, were subsequently terminated. 4. Supporting EV Charging Infrastructure in New Development 4.1 Enforcement of the new OBC requirements respecting EV charging infrastructure for new houses and non-residential buildings occurs through Clarington's building permit process. Beyond the enforcement of legislated requirements, the Municipality seeks to achieve sustainable design and the consideration of climate change through land development policy and processes. 4.2 The Clarington Official Plan encourages sustainability in design and construction practices. Policy introduced with the approval of Official Plan Amendment 107 incorporated new climate change objectives and policies, and policy to enable the implementation of a Green Development Program. This is aligned with the approach taken by other Ontario municipalities. In addition, the Clarington Official Plan requires that all parking areas be designed to provide priority parking spaces for electric cars (policy 5.4.13)_ Municipality of Clarington Page 6 Report PSD -072-18 4.3 In December 2015, Council endorsed the green development framework described within the Priority Green Clarington Green Development Framework and Implementation Plan. The framework includes recommended criteria for sustainable design for Secondary Plans and subdivision and site plan applications that exceed the requirements of the OBC. While green development criteria was included to support the uptake of EVs and EV charging infrastructure, updating of the subdivision and site plan checklists is needed to reflect the recent changes to the OBC. Respecting Secondary Plans, the Municipality is requiring that detailed design guidelines be part of new Secondary Plans, which will provide more specific direction for EV supportive neighbourhood design. 4.4 Recent changes to the Municipal Act and Building Code Act allow municipalities to pass by-laws regarding green development standards in certain circumstances. Such by- laws could be passed only where there are technical standards in the OBC and those standards are specifically identified for this purpose in the DBC. To date, no technical standards have been enacted into the OBC and enabled the use of these new municipal powers. 4.5 Supporting sustainable design through parking regulations is an emerging issue identified for review during the Urban Areas Phase of the Municipality's comprehensive zoning by-law review initiative - ZONECIarington. Currently, sustainable parking considerations in Clarington's Zoning By-law 84-63 are limited to bicycle parking requirements for commercial uses and in some site specific cases. A key aspect of zoning for EV charging infrastructure is ensuring that charging stations are permitted in as many zones as possible. In May 2018, the City of Oshawa approved a municipally - initiated zoning by-law amendment to address this potential barrier through updated definitions. In addition, the City of Kitchener and City of Waterloo have both proposed the establishment of EV parking regulations to supplement the gaps in OBC requirements for multi -unit residential buildings and surface parking lots. The parking study to be undertaken during the Urban Area phase of ZONE Clarington will require the development of a sustainable parking regulatory framework for Clarington. 4.5 To support the emergence of EVs locally and as a means to better understand design, construction and operations considerations, the Municipality is installing EV charging infrastructure as part of the reconstruction of the parking lot at Garnet B. Rickard Recreation Complex. The design includes two Level 2 charging stations in dedicated priority parking spaces immediately adjacent to the main building entrance. The Municipality will own, operate and maintain the infrastructure. The use of the EV charging stations will be at no cost to users initially, but may be subject to a user fee in the future. The EV charging stations are anticipated to be fully operational in October 201$_ Municipality of Clarington Page 7 Report PSD -072-18 5. Concurrence Not Applicable. 6. Conclusion 6.1 A growing number of policy, regulatory and incentive based measures contribute to improving access to EV charging infrastructure locally, and to supporting greenhouse gas mitigation targets and movement towards a low carbon, zero -emission vehicle future. The Municipality plays an important role in accelerating the deployment of EVs through the following: x fforcement of OBC requirements for the installation of EV charging infrastructure; x iihancement of policy direction for environmentally sustainable development and climate change action; x niplementation of a Green Development Program for new Secondary Plan areas and subdivision and site plan applications; and x Onprehensive review and updating of zoning regulations. 6.2 While provincial direction for existing gaps in the regulatory framework for EV charging infrastructure is not known at this time, Staff will proceed with the required green development criteria updates, the preparation of sustainable design guidelines for new neighbourhoods, and the development of a sustainable parking regulatory framework for Clarington_ 7. Strategic Plan Application Not applicable. Municipality of Clarington Page 8 Report PSD -072-18 Submitted by: David Crome, MCIP, RPP, Director of Planning Services Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Amy Burke, Senior Planner, (905) 623-3379 Ext. 2423 or aburke@clarington.net There are no interested parties to be notified of Council's decision. I:\ADepartment\LDO NEW FILING SYSTEM\PLN Files\PLN 23 Transportation\PLN 23.29 Evs And Charge Stations\Staff Reports\PSD-072-18.Docx Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD -073-18 Resolution Number: File Numbers: ZBA 99-037, ZBA 99-042, ZBA 2000-007, ZBA 2001-019 and ZBA 2016-0004 By-law Number: Report Subject: Recommended disposition of outstanding Zoning By-law amendment applications in the Courtice Main Street Area Recommendations: That Report PSD -073-18 be received; 2. That the application to amend the Zoning By-law submitted by David West, Wayne West and Ronald Wilson, file number ZBA 99-037, be approved in the context of Zoning By-law Amendment 2018-059; 3. That the application to amend the Zoning By-law submitted by Charles Murphy and Susan Stephenson, file number ZBA 99-042, be approved in the context of Zoning By-law Amendment 2018-059; 4. That the application to amend the Zoning By-law submitted by William Bryans, file number ZBA 2000-007, be approved in the context of Zoning By-law Amendment 2018- 059; 5. That the application to amend the Zoning By-law submitted by 988925 Ontario Ltd., file number ZBA 2016-0004, be approved in the context of Zoning By-law Amendment 2018- 059; 6. That the application to amend the Zoning By-law submitted by LDB Holdings Ltd., file number ZBA 2001-019, be approved and that the Zoning By-law contained in Attachment 3 to Report PSD -073-18 be passed; 7. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -073-18 and Council's decision; and 8. That all interested parties listed in Report PSD -073-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -073-18 Report Overview Page 2 The purpose of this report is to recommend to Council that various outstanding Zoning By-law amendment application files. Most of these are recommended to be approved in the context of the Courtice Main Street Zoning By-law (2018-059) passed in June, 2018. One additional exception zone is recommended. 1. Background and Discussion 1.1 The Planning Services Department has a number of outstanding Zoning By-law amendment files that have become redundant as a result of the approval of the Courtice Main Street Zoning By-law, which was passed by Council June 11, 2018. The By-law was brought forward to implement the Courtice Main Street Secondary Plan. The redundant files are listed in a table found in Attachment 1 to this report. Provisions of the Zoning By-law now allow a greater variety of uses to be located on the properties affected (Attachment 2) by the recommendations of this report. 1.2 All of the applications subject of this report previously proceeded to a Public Meeting but had not been processed further due to the preparation of the Secondary Plan and subsequently the Zoning By-law for the Courtice Main Street corridor. Letters advising of Committee's consideration of this report were mailed to the owners of the subject properties. Three Properties east of Stuttering John's Restaurant 1.3 The properties located at 1556, 1560 and 1564 Highway 2 were given an exception zone through the Courtice Main Street Zoning By-law that allows for redevelopment in accordance with the commercial mixed use zone regulations while recognizing the existing uses on the properties. The By-law requires that site plan approval be obtained for each of the three properties by June 30, 2019 and that once site plan approval has been granted, the holding symbol can be removed from the zoning making the existing uses legal. Staff will be contacting the owners to arrange preconsultation of the site plan application. LDB Holding Ltd. 1.4 The proposed new exception zone for 1603 Highway 2 should have been included in the Courtice Main Street Zoning By-law. The exception zone recognizes the current business office use in the existing principal building on the property and also allows for redevelopment subject to the Residential Mixed Use Zone regulations. This property received site plan approval in March, 2000, for the current use, which at the time was permitted by a temporary use by-law that expired in February, 2003. The open application was considered by Council in June, 2002, and has remained tabled since then. Municipality of Clarington Report PSD -073-18 988925 Ontario Inc. Page 3 1.5 The owner of the property located at 1678 Highway 2 in Courtice has a current application for site plan approval, whereby permission is being sought to construct mixed- use buildings on the site in compliance with the recently approved Courtice Main Street Zoning By-law. The site plan application at 1678 Highway 2 will continue to be processed as Staff work with the applicant to refine the site design and details. 2. Concurrence Not Applicable. 3. Conclusion Due to the recently approved Courtice Main Street Zoning By-law, it is recommended that Council adopt the recommendation to approve most of the applications in the context of By-law 2018-059 and that the application by LDB Holdings Ltd. be approved through a site specific exception as contained in Attachment 3 to this report. 4. Strategic Plan Application Not applicable. Submitted by: — Reviewed by: Davi7J.Crome, MCIP, RPP Director of Planning Services z4vlk� Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Mitch Morawetz, Planner, 905-623-3379 ext. 2411 or mmorawetz(a).clarington.net Attachments: Attachment 1 – Table of private application files Attachment 2 – Map showing subject properties Attachment 3 – Zoning By-law amendment for 1603 Highway 2, Courtice List of parties to be notified of Council's decision is on file in the Planning Services Department. MM/COS/jp IAADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2016\ZBA2016-0008 Courtice Main Street\3-Staff Reports\PSD-073-18\PSD-073-18.docx Municipality of Clarington Attachment 1 to Report PSD -073-18 Attachment 1 Recommendation on outstanding Zoning By-law amendment application files recommended to be approved in the context of Zoning By-law 2018-059 for the Courtice Main Street Area File number Applicant (Agent) Location Proposed Staff comments development ZBA 99-037 David West, 1564 Highway Professional Use permitted, Wayne West and 2, Courtice Office subject to site Ronald Wilson plan approval. ZBA 99-042 Charles Murphy 1556 Highway Professional Use permitted, and Susan 2, Courtice Office subject to site Stephenson plan approval. (G.M. Sernas & Associates Ltd.) ZBA 2000-007 William Bryans 1560 Highway Professional Use permitted, Junney Planning 2, Courtice Office subject to site Inc.) plan approval. ZBA 2001-019 LDB Holdings Ltd. 1603 Highway Professional Propose new (Derek Baird) 2, Courtice Office exception zone to recognize existing use. ZBA2016-0004 988925 Ontario 1678 Highway New mixed-use Proposed use is Ltd. (Valerie 2, Courtice building(s) permitted. Cranmer & Associates) Attachment 2 to Municipality of Clarington Report PSD -073-18 in EV �..� �� IIIlIt MW LIM �l 0 Ate, M ® !�i_ lM1.IAA1 CR i� A001Z� SIM • �- ` e Attachment 3 to Report PSD -073-18 Corporation of the Municipality of Clarington By-law Number 2018 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2001-019; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 16A.7 "Site Specific Exceptions" is hereby amended by adding thereto the following new Site Specific Exception Zone 16A.7 as follows: "16A.7.4 Residential Mixed Use Exception (MU2-1) Zone Notwithstanding the respective provisions of Section 16A, those lands zoned "MU2-1 (SA/6)" on the Schedules to this By-law shall, in addition to all other uses and regulations of the MU zone, be subject to the following requirements: Permitted Uses a. A business, professional or administrative office may be located within the principal building which existed on September 17, 2018, the date of the passing of this By-law." 2. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding Residential Mixed Use (H)(MU2) Zone" to "Holding Residential Mixed Use Exception (H)(MU2-1) Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule `A' attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk I:\^Department\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2016\ZBA2016-0008 Courtice Main Street\3-Staff Reports\PSD-073-18\Attachment 3 to PSD-073-18.docx This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. C7 W NASH ROAD w ��N Q U Q U7 ❑ r DURHAM HIGHWAY 2 DURHAM HIGHWAY 2 o LU z w > LU U U cn ❑ w 09U = D Z Z U❑ ¢ Q < E STIRLING AVENUE w 0 z z ❑ Q Q Y 0 STRATHALLEN DRIVE Q STRATHALLAN DRIVE z i- D U) U G� ❑ � Zoning Change From'(H)MU2' To'(H)MU2-1' N Adrian Foster, Mayor Courtice • ZBA 2001-019 • Schedule 4 C. Anne Greentree, Municipal Clerk Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD -074-18 Resolution: File Number: COPA2018-0002 & ZBA2018-0011 By-law Number: Report Subject: Applications by 2556079 Ontario Inc. (CCT AutoTrans) to recognize the existing industrial business at 1960 Baseline Road West and to allow an expansion of the business onto a portion of 1972 Baseline Road West Recommendations: That Report PSD -074-18 be received; 2. That Amendment No. 115 to the Clarington Official Plan as contained in Attachment 1 of Report PSD -074-18 be adopted; 3. That the application to amend the Zoning By-law by 2556079 Ontario Inc. be approved and that the By-law attached to Report PSD -074-18 be passed; 4. That once all requirements of site plan approval are satisfied, the By-law authorizing the Removal of the (H) Holding Symbol be approved; 5. That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD -074-18 and Council's decision; and 6. That all interested parties listed in Report PSD -074-18 and any delegations be advised of Council's decision. Municipality of Clarington Resort PSD -074-18 Report Overview Page 2 This report recommends the approval of Clarington Official Plan and Zoning By-law Amendment applications submitted by 2556079 Ontario Inc. (CCT AutoTrans). The applications would permit the continued use of an auto transportation business at 1960 Baseline Road and permit the expansion of the business onto a portion of 1972 Baseline Road. The expansion of the existing auto transport business onto the south-west portion of 1972 Baseline Road would be for parking of commercial transport vehicles and stormwater management. 1. Application Details 1.1 Owner/Applicant: 2556079 Ontario Inc. (CCT AutoTrans) 1.2 Agent: Miller Planning Services 1.3 Proposal: General To recognize the existing auto transport business at 1960 Baseline Road and to allow an expansion of the business onto a portion of 1972 Baseline Road. The expansion will provide additional parking area for commercial transport vehicles and stormwater management. Official Plan Amendment To permit an exception in the Light Industrial designation for 1960 Baseline Road and a portion of the lands at 1972 Baseline Road to permit an auto transport operation in the Light Industrial Area and fronting on an Arterial Road, Baseline Road. Rezoning To rezone a portion of the lands at 1972 Baseline Road from "Agricultural (A) Zone" to an appropriate zone that would permit the freight transport operation. 1.4 Area: 1960 Baseline Road — 1.7 hectares (4.14 acres) 1972 Baseline Road - 26.5 hectares (65.6 acres) 1.5 Location: The north side of Baseline Road, just east of Solina Road 1.6 Roll Numbers: 181701002021000 1.7 Within Built Boundary: No Municipality of Clarington Page 3 Report PSD -074-18 2. Background 2.1 1960 Baseline Road has been zoned General Industrial (M2) since Zoning By-law 84-63 came into effect in 1984. The M2 zone identifies cartage or transportation depot as a permitted use. The existing freight transportation use is permitted. The original Town of Newcastle Official Plan did not designate these lands. The 1996 Official Plan and, most recent 2017 update, designates the property Light Industrial, which does not permit the auto transport use. The applicants were allowed to develop the site in 2014 in conformity with the current Zoning By-law provisions with site plan approval_ 2.2 The applicants have owned and operated CCT Auto Trans at 1950 Baseline Road since 2014. The applicants have indicated they currently operate 60 trucks and are anticipating expanding the business to up to 150 trucks over the next 5 years. In order to accommodate their growing business needs the applicants are seeking to enlarge the existing building and add additional parking. 2.3 In April 2017 the applicants were granted site plan approval to put an addition on the existing building at 1960 Baseline Road. The addition included additional office space and bays for truck maintenance. Prior to the applicants moving forward with the addition they have determined they require additional parking area for their trucks, specifically on weekends when less trucks are on the road. 2.4 Amendment 107, a comprehensive update to the Clarington Official Plan, was approved by the Region of Durham on June 19, 2017. In order to submit the Clarington Official Plan Amendment application, 2555079 Ontario Inc. required Council's permission to accept the application within two years of the comprehensive update. Council approved the applicant's request to submit an Official Plan Amendment application on December 11, 2017. 2.5 On April 20, 2018 the applicants submitted Official Plan Amendment, Zoning By-law Amendment and Site Plan applications. The applications are seeking to recognize the use on 1960 Baseline Road within the Official Plan and also to allow the expansion of the business onto approximately 1.6 ha. (4 acres) at the west side of 1972 Baseline Road. The remainder of the 25.6 ha. (65.7 acre) at 1972 Baseline Road, which includes environmental features surrounding Darlington Creek, will remain designated Light Industrial and Environmental Protection in the Official Plan and zoned Agriculture at this ti me. 2.6 The applicants have indicated they plan to seek future approvals to move the parking area further back from Baseline Road as their business continues to grow. However an Environmental Impact Study would be required to determine the development limits and identify appropriate measures adjacent to Darlington Creek. Municipality of Clarington Report PSD -074-18 Page 4 2.7 The applicant has submitted the following studies in support of the applications: ■ Planning Justification Report; ■ Stormwater Management and Functional Servicing Report; ■ Arborists Report; and ■ Archeological Report. The studies have been reviewed and are discussed in Section 8 of this report. 1299 ® Lands Subject To Application 12551._®Other Lands Owned by Applicant 73 min i 1400 1184 1211" 1 6, 0 /'i// �!� Q. i0LU. _.Zi 1103 / CT��;j .,.Auto -�+1rW.« Trans 1972 1010 1960 ' 2040 zoos BASELINE TRQdL) 1979'., 'i 2011 2033 995 1995. 2021 1987 ALI SPA 2018-0002 Figure 1. Lands subject to application and additional lands owned by Owner Municipality of Clarington Report PSD -074-18 Page 5 2.8 A public meeting was held on June 25, 2018. No members of the public spoke to the applications at the public meeting and staff have not received any correspondence from the public. 3. Land Characteristics and Surrounding Land Uses 3.1 1960 Baseline Road is 1.7 ha (4.1 acre) property with an industrial building and parking related to a transportation depot use. The building contains offices and truck maintenance facilities. 3.2 1972 Baseline Road is a 26.6 ha (65.7 acre) property that consists of agricultural fields, a wooded area and Darlington Creek, which runs through the northeastern portion of the lands. The subject lands are currently vacant. The previous farm house and agricultural buildings were demolished in 2017. Environmental Protection Area J -Q C) --- ------ --- A ' nF,1? Coutice urban Boundary ' i' D Lr �� CCT Auto Trans ZBA Lands Subject to Application Other Lands Owner By Applicant ;9===.I:r=!= i I .,...8A5ELINE ROAD r� , 2421 & 2033 Baseline Road Subject to Applications: Rad°+ay' Z8A 2477-0038 G d yr r a ZSA 2017-0013 r _ a Proposed Metrohnx Layover Area ` Dwosco Auto 44011 - ENERGY 18-0011 - F Figure 2: Surrounding Area Land Uses Municipality of Clarington Report PSD -074-18 Page 6 3.3 The lands are currently the highest at the south-western portion of the property and the grade drops significantly to the north-east, draining towards Darlington Creek. 3.4 The surrounding uses are as follows: North - Single detached dwellings and agricultural lands. South — A light and heavy industrial equipment rental business, a panel manufacturing and assembly industrial business, CP Rail line, Owasco Auto Mall under construction and future Metrolinx Go Rail Layover Facility. East — Agricultural lands and single detached dwellings. West — Light Industrial designated lands with single detached dwellings and future Highway 418. 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement requires municipalities to promote economic development by providing an appropriate mix and range of employment uses and providing opportunities for a diversified economic base. Employment areas shall support a wide range of economic activities and ancillary uses. Growth Plan 4.2 The Growth Plan 2017 promotes economic development and competitiveness in the Greater Golden Horseshoe. Municipalities are to promote more efficient use of existing employment areas, vacant and underutilized employment lands, and increasing employment densities. It also contains policies that allow municipalities to identify areas adjacent to or near major highway interchanges for land extensive uses that have lower employment densities for freight — supportive uses. 5. Official Plans Durham Region Official Plan 5.1 The subject sites are designated "Employment Areas" in the Regional Official Plan_ Employment Areas are intended to accommodate a full range of employment uses such as, but not limited to: manufacturing, warehousing, offices, and the storage of goods and materials. 5.2 Baseline Road is designated as a Type "C" arterial road in the Region's Official Plan_ 5.3 The lands are within a High Aquifer Vulnerability Area. The Region has deemed the proposed use low risk and do not require a contamination management plan. Clarington Official Plan Municipality of Clarington Report PSD -074-18 Page 7 5.4 The subject lands are within the Courtice Urban Area and are designated Light Industrial and Environmental Protection in the Clarington Official Plan and are within the Greenfield Area. Baseline Road is designated as a Type C Arterial Road. 5.5 Freight transportation facilities are not permitted in the Light Industrial designation and are directed to the General Industrial designation. Within the General Industrial designation freight transportation facilities are directed to areas that are not highly visible sites, not adjacent to freeways, arterial roads and entranceways to urban areas. 5.6 Parking areas in employment areas are generally required to be located at the rear of buildings, limiting their visibility on streetscapes. If no building is present on the site, as is proposed, than appropriate landscaped buffer will be required to accomplish the same goals. 5.7 For the business to expand to the adjacent property to the east the lands would need an exception within the Light Industrial designation or to be re -designated to General Industrial. 6. Zoning By-law 6.1 1960 Baseline Road is currently zone General Industrial (M2) and1972 Baseline Road is zoned Agricultural (A). A Zoning By-law Amendment is required to permit the proposed industrial use expansion on 1972 Baseline Road. The amendment would rezone the portion of the property identified in Figure 1 from "Agricultural (A) Zone" to "Holding - Light Industrial Exception (M14) Zone". The M1-4 zone permits all uses within the Light Industrial (Ml) Zone and also permits an auto cartage or transportation depot and yard, which is a freight transport use under the Official Plan. A by-law will be forwarded to Council to remove the holding provision once the conditions of site plan approval have been met. 6.2 1960 Baseline Road would continue to be zoned General Industrial (M2) which permits a cartage or transportation depot and yard. 7. Public Submissions 7.1 A public meeting was held on June 25, 2018. No members of the public spoke at the public meeting and no submissions have been received at the time of finalizing this report. Municipality of Clarington Page 8 Report PSD -074-18 8. Studies Submitted Planning Justification Report 8.1 A Planning Justification Report was submitted in support of the applications. The report concludes that the proposal meets Provincial and Regional policy. The report identifies that the proposed land use requires significant amounts of land that are not required to be serviced by water or sanitary. Provincial policy encourages municipalities to provide a range and mix of employment lands to permit a diverse range of economic opportunities. 8.2 The lands are designated employment, Light Industrial. Currently the lands are not serviced. The report suggests that services will not be available for an undetermined amount of time. The lack of services limits the amount of economic opportunities available on the lands. The current use allows for a specific employment use that requires a sizeable amount of land area without requiring services. 8.3 The report recommends approval of the Official Plan and Zoning By-law amendments. Stormwater Management Report 8.4 A Stormwater Management Report was prepared in support of the applications. The report provides details of how the proposed development will handle stormwater runoff. CLOCA and the Engineering Services Department have provided technical comments that will be addressed through the site plan approval process. Arborists Report 8.5 An arborists report was submitted in support of the applications. The report identified significant trees to be retained and provided a tree protection plan. The report also identified a number of trees, almost exclusively Ash, that were in poor condition and would be removed as part of the development. Archeological Report 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. Municipality of Clarington Report PSD -074-18 9. Agency Comments Durham Region Page 9 9.1 The Region has no concerns with the proposed Official Plan and Zoning By-law amendment applications. Durham Regional Health has provided comments to be addressed through the site plan approval process related to the private services on the property. Central Lake Ontario Conservation Authority 9.2 The Central Lake Ontario Conservation Authority has no objections to the Official Plan and Rezoning applications to permit the parking area. The conservation authority has identified that wetland and floodplain features are located on the northern portion of the property. The current proposal should not have an impact on those features. 9.3 There are a number of technical stormwater issues that will need to be addressed prior to support for site plan approval. 10. Departmental Comments Engineering Services Department 10.1 The Engineering Services Department, including the Building Division, has no objections, in principle, to the applications for Official Plan amendment and Zoning By- law amendment. A number of technical issues will need to be addressed through the site plan process prior to development occurring. Emergency and Fire Services 10.2 The Emergency and Fire Services Department has no objections to the applications. 11. Discussion 11.1 CCT AutoTrans has operated their business from 1960 Baseline Road since 2014. The majority of the applicants business occurs off the property as the transportation trucks are on the road across the continent the majority of the time. The applicant requires space on the site to perform truck maintenance and storage when the trucks are not on the road, mainly evenings and weekends. 11.2 The Clarington Official Plan does not permit freight transportation uses in the Light Industrial Area, directing them to the General Industrial Area. The existing business at 1960 Baseline Road was permitted by the General Industrial (M2) zoning that has been in place on the property since 1984. The applicants are seeking to recognize the existing use at 1960 Baseline Road within the Official Plan and to expand the use to the east onto approximately 1.6 ha. (4 acres) at 1972 Baseline Road. Municipality of Clarington Page 10 Report PSD -074-18 11.3 The majority of lands designated employment within the Courtice Urban Area, west of Highway 418, are within Special Study Area 4, the Courtice Employment area. A Secondary Plan process for the special study area will be initiated in the coming months. As part of the Secondary Plan process a full review of employment land needs will be reviewed. The results of the study will inform where or what type of employment lands are required for the long term in the Courtice Urban Area. 11.4 The lands east of the future Highway 418 along Baseline Road, including the subject lands, are outside of the study area. This area is currently not serviced by water or sanitary services. The construction of Highway 418 has created an additional barrier to servicing this area as the owners will need to extend services under Highway 418 without financial contributions for the frontage the highway occupies. 11.5 While the study is anticipated to be initiated shortly, staff anticipate that this area will not be serviced in the foreseeable future. Many of the uses currently permitted in the Light Industrial designation are generally better suited for properties that are currently serviced. Light Industrial uses permitted in the Official Plan generally require larger buildings and less outdoor storage of goods and equipment. 11.5 The extension of the existing freight transportation operation in its current location provides an opportunity to allow an existing business that requires a large amount of land, is in an area that is not serviced, and is not currently in high demand for light industrial uses. The current location also provides close proximity to Highways which limits the amount of truck travel on local roads. 11.7 In consideration of the study that will commence shortly for the majority of the employment lands west of the Highway 418, a more holistic review of the land uses would be appropriate. However, by allowing an exception to the Light Industrial designation will recognize the existing freight transportation operation and will allow the expansion onto a portion of the adjacent property. 11.8 The exception avoids re -designating employment lands at this time, prior to knowing what type of designation are required and where to best serve the Courtice employment area. Upon completion of the study staff will be able to evaluate Courtice's needs and make recommendations, where required, to the amount of land designated Light Industrial and General Industrial within the Courtice Urban Boundary. 11.9 There were no objections by any external agencies, internal departments or the public. The site plan approval process will address specific concerns related to stormwater management and landscaping and fencing. Municipality of Clarington Report PSD -074-18 12. Concurrence Not Applicable. 13. Conclusion Page 11 In consideration of all agency and staff comments it is respectfully recommended that the applications for a Clarington Official Plan and Zoning By-law amendments to permit the existing freight transportation business at 1960 Baseline Road and to allow an expansion of the business onto a portion of 1972 Baseline Road be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: David Crome, MCIP, RPP, Director of Planning Services Reviewed by: Andrew C. Allison, B. Comm, LL.B 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 List of interested parties to be notified of Council's decision is on file in the Planning Services Department. Chad Doiron Rodger Miller Attachment 1 to Municipality of Clarington Report PSD -074-18 SCHEDULE "A" Purpose and Effect of Official Plan Amendment Number 115 to the Clarington Official Plan Purpose: To amend the Clarington Official Plan to permit a freight transport operation within the Light Industrial Designation and adjacent to an arterial road. Basis: The Amendment is based upon applications for an Official Plan Amendment Number COPA2018-0002 filed by 2556079 Ontario Inc. Actual Amendment: The Clarington Official Plan is hereby Amended by adding an exception to Section 23.19.3 as follows: Section 23.19.3 iii) Notwithstanding Sections 11.6.2 and 11.7.4, a Freight Transport operation shall also be permitted on the lands known municipally as 1960 Baseline Road (Assessment Roll Number 1817-010-020- 21140) and a 1.6 hectare portion of the property municipally known as 1972 Baseline Road (Assessment Roll Number 1817-010-020- 21000) 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 2018-0002 Attachment 2 to Municipality of Clarington Report PSD -074-18 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 ZBA2018-0011; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding - Light Industrial Exception ((H)M1-4) Zone" as illustrated on the attached Schedule `A' hereto. 2. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of 12018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk JAREPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\PSD-074-18.dc This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. 1355 1348 1480 Z 1304 0 1299 a 0 1255 W ❑ D 1400 1211 1184 1156 1103 0 rn 1010 ` o co Y o 0 N N BASELINE ROAD ti cc N co rn rn C o r N N 995 ❑ ¢ 578 ¢ ❑ o 531 P� PPG1F\G\LNPy z GPNP�� Zoning To Change From "A" to "(H)M1-4" N Zoning To Remain "A" - Zoning To Remain "M2" Courtice • ZBA 2018-0011 • Schedule 4 Adrian Foster, Mayor C. Anne Greentree. Municipal Clerk Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD -075-18 Resolution: File Numbers: COPA2017-0013 & ZBA2017-0038 By-law Number: Report Subject: Applications by Alpa Pre -Engineered Panel Systems Inc. to allow the expansion of the existing industrial business at 2021 Baseline to 2033 Baseline Road Recommendations: That Report PSD -075-18 be received; 2. That Amendment No. 116 to the Clarington Official Plan as contained in Attachment 1 of Report PSD -075-18 be adopted; 3. That the application to amend the Zoning By-law be approved and that the By-law attached to Report PSD -075-18 be passed; 4. 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; 5. That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD -075-18 and Council's decision; and 6. That all interested parties listed in Report PSD -075-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -075-18 Report Overview Page 2 This report recommends the approval of Clarington Official Plan and Zoning By-law Amendment applications submitted by Alpa Pre -Engineered Panel Systems Inc. The applications would permit the continued use of the manufacturing business at 2021 Baseline Road and the expansion of the business onto 2033 Baseline Road. The expansion will include a 3,806 square metre addition to the existing building, outdoor storage area, additional parking and loading spaces and stormwater management facilities. 1. 1.1 1.2 1.3 Application Details Owner/Applicant: Alpa Pre -Engineered Panel Systems Inc. Agent: Proposal 1.4 Area: 1.5 Location Adrian Litayski, Johnston Litayski Ltd. General To allow the expansion of an existing business at 2021 Baseline Road to incorporate lands at 2033 Baseline Road including: x A 3,608 square metre addition to an existing building of the same size x Outdoor storage area of approximately 2.2 ha (5.5 acres) x Parking and loading spaces x Stormwater management facilities Official Plan Amendment To permit an exception in the Light Industrial designation for 2021 and 2033 Baseline Road to permit outdoor storage in an area equivalent to 385% of the total gross building floor area. Rezoning To rezone the lands at 2033 Baseline Road from the "Agricultural (A) Zone" to an appropriate zone that would permit the industrial development. 4.82 hectares (11.9 acres) South-west corner of Baseline Road and Rundle Road 1.6 Roll Numbers: 181701002015910 181701002015605 1.7 Within Built Boundary: No Municipality of Clarington Resort PSD -075-18 2. Background Page 3 2.1 Amendment 107, a comprehensive update to the Official Plan, was approved by the Region of Durham on June 19, 2017. In order to submit the Clarington Official Plan Amendment application Alpa Pre -Engineered Panel Systems Inc. required Council's permission to accept the application within two years of the comprehensive update. Council approved the applicant's request on September 18, 2017. 2.2 The applicants have owned and operated their pre-engineered panel manufacturing business from 17 Cigas Road in Courtice since February 2011, expanding to this location in 2015. Prior to the applicants owning the property it was occupied by a truss manufacturing company. The applicants submitted a site plan application for 2021 Baseline Road in March of 2017 for the existing stormwater management infrastructure on the site. A stormwater pond was constructed without approval and impacted the Canadian Pacific Railway. There remain a number of stormwater management issues and the site plan has not been finalized at the time of writing this report. 2021 Baseffne RoaV 2033 62$ehne T ?0a01 Y # Baseline Road ' � Pra; used &ese�r €xrst++?g111111111J 1 5toreay —_'rad_ , rormwatl r I Sf orey a I 6Utf�Irrg A ddilon - — —L,== Oanagermn _-�OUdbar---.TTS Form � ; I � r==�fOrage Area==� i i F iii i f{�2N2 s �r spa j ._,_.y._. 1 I I �, -.- -.-•_Frye Rou[B_. ------I I 1 11 I r errl 1j I 4 LJ11 Pan 111111i� s} R j c jl 14�U— r At Subject SiW s3 Figure 1: Original Proposal Municipality of Clarington Resort PSD -075-18 Page 4 2.3 The applicants are looking to expand the existing business onto the abutting property to the east, 2033 Baseline Road. Official Plan and Zoning By-law amendment applications were received on November 20, 2017. The proposed expansion consisted of a 1,980 square metre addition to the existing building, additional parking, outdoor storage and stormwater management facilities. 2.4 A public meeting was held on January 29, 2018. Staff and external agencies identified a number of concerns with the proposed stormwater management plan and the amount of outdoor storage requested. One resident spoke with concerns of the proposed expansion, discussed in Section 7 of this report. 2.5 Since the public meeting the applicant has provided revisions to the development concept that increased the size of the proposed building expansion from 1,980 square metres to 3,806 square metres, reconfigured and reduced the amount of outdoor storage from 636% of the building floor area to 385% of the building floor area and redesigned the stormwater management approach for the site (see figure 2). The applicants also revised a number of studies and provided a noise study. The revised stormwater management approach would address the outstanding issues at 2021 Baseline Road as part of a new site plan that would include the expansion onto 2033 Baseline Road. The applicants have indicated they plan to merge the properties upon receiving final approval of the Official Plan and Zoning By-law Amendments. 2.6 The applicant has submitted the following studies in support of the applications: x Planning Justification Report; x Stormwater Management Design Brief; x Noise Study x Phase I & II Environmental Site Analysis; x Phase I & II Archaeological Assessment; and x Traffic Impact Study. 2.7 The studies have been reviewed and are discussed in Section 8 of this report. Municipality of Clarington Resort PSD -075-18 N 2021 Baseline Road _ r Baseline Road Fire Route Proposed Outdoor Storage Area Existing I Storey Building 2033 B aseli Proposed h t3* oad t Fire Route Proposed Outdoor Storage Area Stormwa Managen eser a Pond S ptic Septic B Bed Fire Route 10 Stormwater ' Management .- Pond ..�5tiad5a�` Pa"fig � Page 5 07 ^� 7 Existing { ,+' 4 PPY Subject a i Figure 2: Revised Proposal 3. Land Characteristics and Surrounding Land Uses 3.1 The subject lands consist of two parcels, 2021 and 2033 Baseline Road. 2021 Baseline Road has an existing industrial use with an 1,981 square metre panel manufacturing and assembly building, outdoor storage in the side and rear yards, an accessory building and water retention pond in the rear yard, parking and loading spaces in the front and side yards. 2033 (Baseline Road currently has a single detached dwelling which would be demolished. Municipality of Clarington Resort PSD -075-18 Environmental Protection Area --_ --- --- Possible CCT Auto Trans Expansion Courtice Area as per Council permission Urban Boundary to FILE OPA o 0.- 0 -_o' -� Existing � � o _ 9 Storey Proposed -U Building OD 7 Stacey v v. -8aseline_Road CCTAuto Frans Subject Site a Proposed MEtrofinx Layover - owasco Aura Mal! HrghWa, 401 N -y_ ae2aIaoa a Im Figure 3: Subject site and surrounding land uses The surrounding uses are as follows: Page 6 North — Single detached dwellings, a transport depot (CCT Auto Trans) and agricultural lands. 2011 Baseline Road has a single detached dwelling and a number of vehicles on the site. It is currently surrounded by the existing industrial use on the east, west and south. South — CP Rail line, single detached dwellings, Owasco Auto Mall under construction and future Metrolinx Go Rail Layover Facility. East — Agricultural lands and single detached dwellings. West — Agricultural lands, a light and heavy equipment rental business and a transportation depot. Municipality of Clarington Resort PSD -075-18 4. Provincial Policy Provincial Policy Statement Page 7 4.1 The Provincial Policy Statement requires municipalities to promote economic development by providing an appropriate mix and range of employment uses and providing opportunities for a diversified economic base. Employment areas shall support a wide range of economic activities and ancillary uses. Growth Plan 4.2 The Growth Plan requires upper tier municipalities to set a target for employment densities that reflects the current and anticipated type and scale of employment that characterizes the employment areas. Municipalities may identify prime employment areas within their Official Plan which are employment areas for uses that are more land extensive or have low employment densities. 5. Official Plans Durham Region Official Plan 5.1 The subject sites are designated "Employment Areas" in the Regional Official Plan_ Employment Areas are intended to accommodate a full range of employment uses such as, but not limited to: manufacturing, warehousing, offices, and the storage of goods and materials. 5.2 Baseline Road is classified as a Type "C" Arterial Road. Clarington Official Plan 5.3 The subject lands are designated Light Industrial in the Clarington Official Plan and are within the Greenfield Area. The Light Industrial designation permits manufacturing, fabricating and assembly uses; however, the policies direct the uses to generally be conducted within a building and restricts outdoor storage. The Light Industrial designation permits a maximum of 25% of the total gross floor area of the building as outdoor storage space. The General Industrial designation permits manufacturing, fabricating and assembly uses as does the Light Industrial designation but allows outdoor storage up to 100% of the total gross floor area. In both cases outdoor storage areas are to be located at the rear of the property and appropriately screened. 5.4 Baseline Road is designated as a Type "C" Arterial Road. 5.5 For the business to expand to the adjacent property to the east the lands require an exception within the Light Industrial designation to allow for increased outdoor storage. The applicants are requesting an exception that would permit a maximum area of the equivalent of 385% of the total gross building floor area. Municipality of Clarington Resort PSD -075-18 6. Zoning By-law Page 8 6.1 2021 Baseline Road is currently zoned General Industrial (M2) and 2033 Baseline Road is currently zoned Agricultural (A). The existing industrial use meets the permitted uses of the M2 zone. The M2 zone permits a maximum of 70% of the lot can be used for open storage. The majority of 2021 Baseline is currently used for outdoor storage. 6.2 The manufacturing use is also permitted within the Light Industrial (1_1) zone. An exception within the L1 zone to permit the required outdoor storage requirements of business would meet the applicants' needs and be in keeping with the Light Industrial designation of the Official Plan. 7. Public Submission 7.1 A public meeting was held on January 29, 2018. One resident spoke to the applications. The resident had the following concerns regarding the expansion of the existing business: x Noise of the existing business including equipment and stereos; x Road safety and concerns about a new entrance located in close proximity to their existing driveway; x Lighting concerns. The applicants have installed new lights recently that are very bright; and x Retaining existing trees and providing adequate screening of the proposed expanded building and storage area. 7.2 The applicant has submitted a noise study, see Section 8 of this report that reviews the noise levels of the existing business and makes recommendations for noise abatement measures. While noise measures can be put in place, the business is designated industrial area and will have a certain level of noise associated with it. 7.3 Baseline Road is an arterial road and is meant to carry larger volumes of traffic than a local road. The exact location of new entrances to the site will be determined during the site plan process after review by the Engineering Services Department. The applicants have indicated that their trucks that ship the final wood panels do not operate at night due to the size of the loads that they carry. This will reduce noise and traffic concerns related to truck traffic outside of daylight hours. 7.4 The applicants have installed new lighting on the site without review by the Municipality. As part of the site plan approval process the applicants will be required to submit a lighting plan which indicates that light will not trespass beyond the limits of the property. Clarington also has lighting guidelines that require the use of full cut-off lights which ensures light is directed towards the ground and not beyond the property line. Municipality of Clarington Resort PSD -075-18 Page 9 7.5 The applicants will be required to submit a landscaping plan. That plan will look at fencing and plantings to increase the appearance of the property and provide screening of the open storage area. The plan will identify what existing trees can be maintained. Applicants are encouraged to maintain mature trees where feasible. 8. Studies Planning Justification Report 8.1 A Planning Justification Report was submitted in support of the applications. The report concludes that the proposal meets Provincial and Regional policy. Provincial, Regional and Clarington policy encourages a diverse range of economic opportunities, competitiveness and expansion of existing businesses in employment areas. The use of the property conforms to the provisions of Clarington's Official Plan with exception of the open storage requirements. 8.2 The report opines that the proposed development can be compatible with the adjacent land uses through proper noise mitigation and screening of the site. Traffic Impact Study 8.3 A Traffic Impact Study was submitted in support of the applications. The report reviewed existing intersections and traffic along Baseline Road and the projected traffic levels. The report concluded that the increased traffic levels associated with the proposal will be minimal and should not adversely impact Baseline Road. Noise Study 8.4 A Noise Study was submitted in support of the applications. The report concluded that noise mitigation measures are required on the site. Noise mitigation measures include sound barriers along portions of the northern and southern property lines and keeping the easterly overhead doors closed after midnight, with the exception of moving goods in and out of the building. The noise mitigation measures will be implemented through the site plan approval process and agreement. Stormwater Management Brief 8.5 A Stormwater Management Brief was prepared in support of the applications. The report provides details of how the proposed development will handle stormwater runoff. CLQCA and the Engineering Services Department have provided technical comments that will be addressed through the site plan approval process. 8.5 The applicant will also be required to meet CP Rails regulations for stormwater management. Municipality of Clarington Resort PSD -075-18 Archeological Study Page 10 8.7 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. 9. Agency Comments Durham Region 9.1 The Region of Durham has no objection to the proposed Official Plan and Zoning By- law subject to a holding provision being added. The holding provision is required to ensure the following: • The properties are merged on title satisfying Durham Region Health requirements for the private services; • A clearance letter be received from the Ministry of Tourism, Culture and Sport with regards to the archeological study conducted; The noise study submitted is currently being peer reviewed to ensure the proposed noise mitigation measures are appropriate; • The Region is reviewing the Environmental Site Assessment reports submitted to ensure they meet Regional policy. 9.2 The applicant will be required to satisfy the Region with regards to the foregoing issues and receive site plan approval prior to the Holding provision being lifted. Central Lake Ontario Conservation Authority 9.3 The Central Lake Ontario Conservation Authority has no objections to the Official Plan and Rezoning applications. The conservation authority has identified a number of technical issues regarding stormwater management that will need to be addressed prior to development of the site. These issues will be addressed through the site plan approval process. Other Agencies 9.4 CP Rail has indicated they have no objections to the Official Plan and Rezoning applications. CP Rail has indicated that the applicants will need to provide information regarding stormwater management as part of the site plan approval process. 9.5 Enbridge provided comments that they had no objections to the proposed applications. Municipality of Clarington Page 11 Resort PSD -075-18 10. Department Comments Engineering Services Department 10.1 The Engineering Services Department, including the Building Division, has no objections, in principle, to the applications for Official Plan amendment and Zoning By- law amendment. A number of technical issues will need to be addressed through the site plan process prior to development occurring. Emergency and Fire Services Department 10.2 Emergency and Fire Services has no objections to the applications provided the Ontario Building Code requirements are met and the outdoor storage of materials meet the Ontario Fire Code requirements. These issues will be addressed through the Site Plan process. 11. Discussion 11.1 The existing business at 2021 Baseline Road has been operating there since 2015 and prior to that a truss manufacturing company occupied the lands. The applicant's business is the design and manufacturing of pre-engineered floor, wall and truss systems. The manufacturing of the product occurs within the existing building but requires a significant amount of outdoor storage for products until they are shipped offsite, as well as storage of lumber used in the manufacturing. 11.2 The Clarington Official Plan permits the manufacturing use of the business within the Light Industrial Designation but limits the amount of outdoor storage permitted to 25 percent of the floor area of the building. 11.3 The majority of lands designated employment within the Courtice Urban Area, west of Highway 418, are within Special Study Area 4, the Courtice Employment area. A Secondary Plan process for the special study area will be initiated in the coming months. As part of the Secondary Plan process a full review of employment land needs will be undertaken. The results of the study will inform where or what type of employment lands are required for the long term in the Courtice Urban Area. 11.4 While the study may result in recommendations on where types of employment lands are required for the long term, manufacturing uses are permitted in both Light and General Industrial Designations. 11.5 The subject lands are not currently serviced by water or sanitary services. The construction of Highway 418 has created an additional barrier to servicing this area as the owners will need to extend services under Highway 418 without financial contributions for the frontage the highway occupies. Municipality of Clarington Resort PSD -075-18 Page 12 11.6 The existing manufacturing business requires a large area of land to store both the pre and post assembly products. Given the size of the panels a large amount of area is required. The applicants have indicated that the nature of the business does not require a large amount of area to assemble the products resulting in a smaller building and larger area for storing products that are waiting to be shipped. As the panels are created for specific projects and are not uniform projects the storage area needs to be larger to ensure each project is accessible when shipping is required. 11.7 The Ontario Fire Code requires that the panels be stored a minimum of 15 metres from the property line and have a maximum length of 45 metres before a fire route is required. This requirement breaks up the open storage area to avoid open storage being piled together across the whole site. 11.8 The proposed addition, septic system and stormwater management will occupy a large area of what is currently 2033 Baseline Road. Majority of the outdoor storage on the site will continue to be on the west side of 2021 Baseline Road where it currently is. 11.9 The proposed expansion will have some level of impact on the neighbour across the street in both the appearance of the property and the amount of activity on the lands_ The applicants will be required to implement the recommendations of the noise study and Clarington's Landscape Guidelines to screen the outdoor storage area. However, the use of the property will be an industrial business which comes with a certain amount of activity, noise and traffic. The Official Plan has indicated the subject lands for industrial uses since 1995 and an industrial business has been located at 2021 Baseline Road since prior to 2000. 11.10 The proposal meets Provincial and Regional policy and Clarington Official Plan policy with the exception of outdoor storage. 12. Concurrence Not Applicable. 13. Conclusion In consideration of all agency, staff and resident comments it is respectfully recommended that the applications for a Clarington Official Plan and Zoning By-law amendments to permit the expansion of the existing manufacturing business at 2021 Baseline Road to 2033 Baseline Road. 14. Strategic Plan Application Not applicable. Municipality of Clarington Report PSD -075-18 Submitted by: David Crome, MCIP, RPP, Director of Planning Services Page 13 Reviewed by: Andrew C. Allison, B. Comm, LL.B Chief Administrative Officer 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 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\2017\ZBA2017-0038 2021 & 2033 Baseline Road (See COPA2017-0013)\Staff Report\PSD-075-18.Docx Attachment 1 to ort PSD -075-18 SCHEDULE "A" Purpose and Effect of Official Plan Amendment Number 116 to the Clarington Official Plan PURPOSE: To amend the Clarington Official Plan to permit a manufacturing business with an open storage area within the Light Industrial Designation. BASIS: The Amendment is based upon applications for an Official Plan Amendment Number COPA2017-0013 filed by Alpa Pre -Engineered Panel Systems Inc. Actual Amendment: The Clarington Official Plan is hereby Amended by adding an exception to Section 23.19.3iv as follows: 1. Section 23.19.3 iv Notwithstanding Section 11.6.4 a) and b) open storage of materials associated with an assembly, manufacturing, fabricating or processing plant can occupy an area equivalent to 385% of the total gross building floor area and with a maximum height of 5 metres on the properties municipally known as 2021 Baseline Road (Assessment Number 1817-010-020-15910 and 2033 Baseline Road (Assessment Number 1817-010-020- 15605) 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. Attachment 1 to Report PSD -075-18 File Number: COPA 2017-0013 I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2017\ZBA2017-0038 2021 & 2033 Baseline Road (See COPA2017-0013)\Staff Report\PSD-081- 18.docx Attachment 2 to Report PSD -075-18 Corporation of the Municipality of Clarington By-law Number 2018 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2017-0038; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 23.3 "Special Exceptions — Light Industrial (M1) Zone" is hereby amended be adding thereto, the following new Special Exception Zone 23.3.13 as follows: "23.3.13 Light Industrial Exception (M1-13) Zone" Notwithstanding Sections 23.2.1 those lands zoned M1-13 on the Schedules to this By-law shall be permitted to have outdoor storage associated with an assembly, manufacturing, fabricating or processing plant in accordance with the following: Open Storage a. Such outdoor storage shall not be located closer to a public street than the principle structure on the property or 15 metres from the streetline, whichever is less. Further outdoor storage shall not be located closer than 1.20 metres to a rear or side lot line where the lot line abuts a lot zoned for industrial purposes, or 5 metres of a rear or interior side lot line abutting a lot zoned other than industrial. b. Such outside storage does not exceed 385 percent of the total gross building floor area. C. That any portion of a lot used for the outside storage of goods or materials is screened from adjacent residential uses and public streets adjoining the lot by buildings, or, is enclosed by plantings in conjunction with a planting strip as may be required under this By-law, or, is enclosed within a wooden or metal or masonry fence extending at least 1.8 metres in height from the finished grade. d. The maximum height of outdoor storage is 5 meters. 2. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding- Light Industrial Exception (M1-13) Zone" and "General Industrial (M2) Zone" to "Holding- Light Industrial Exception (M1-13) Zone" as illustrated on the attached Schedule 'A' hereto. 3. Schedule `A' attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of 12018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk I:A^Department\LDO NEW FILING SYSTEMWpplication FIIes\ZBA-w yj �, � ... .......... ...„ . ........�� to Report PSD-075-18.docx This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. ea O W 7 Baseline Road Zoning Change From "A" To "(H)M1-13" A• k' - Zoning Change From "M2" To "(H)M1 -13" s Courtice • ZBA 2017-0038 • Schedule 4 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD -076-18 Resolution: File Number: ZBA2018-0012 By-law Number: Report Subject: An Application by Newcastle Marina Villa Ltd. Removal of Holding (H) to permit a 65 unit apartment building in the Port of Newcastle. Recommendations: 1. That Report PSD -076-18 be received; 2. That the application submitted by Newcastle Marina Villa Ltd. to remove the Holding (H) symbol be approved as contained in Attachment 1 to Report PSD -076-18; 3. That Council's decision and a copy of Report PSD -076-18 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and 4. That all interested parties listed in Report PSD -076-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -076-18 Page 2 Report Overview This report is recommending approval of an application by Newcastle Marina Villa Ltd. to remove the Holding (H) symbol from lands to permit the development of a 65 unit apartment building known as Cape Cod Villas in the Port of Newcastle. 1. Application Details 1.1 Owner: Newcastle Marina Villa Ltd. 1.2 Applicant: Enzo Bertucci, Kaitlin Corporation 1.3 Proposal: Removal of Holding (H) Symbol from: "Holding -Urban Residential ((H) R4-19) Zone". 1.4 Area: 1.03 acres 1.5 Location: 65 Shipway Avenue, Port of Newcastle Part Lot 28 and 29, Concession Broken Front, former Township of Clarke (Figure 1.) 1.6 Roll Number: 1.7 Within Build Boundary 2. Background 18-17-030-120-22250 Yes 2.1 On March 29, 2018, an application was submitted requesting that the Holding (H) symbol be removed from the subject lands within the Port of Newcastle (Figure 1). The removal of the Holding (H) symbol will facilitate the construction of a 65 unit apartment building. Municipality of Clarington Report PSD -076-18 Page 3 (D U cow Y q U Subject Site e � 0 r _ ZBA.ZOA 0012 Figure 1: Cape Cod Villa in the Port of Newcastle I Staff Comments 3.1 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 3.2 The subject property is zoned "Holding — Urban Residential Exception (R4-19) Zone". Municipality of Clarington Report PSD -076-18 Page 4 3.3 Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol and no building permits can be issued. The applicant has entered into a site plan agreement and posted the necessary securities to enable this project with the Municipality and there are no concerns with lifting the `H' symbol. 3.4 All property taxes have been paid in full. 4. Concurrence Not applicable. 5. Conclusion In consideration of the comments noted above, approval of the removal of the "Holding H)" symbol, as shown on the attached By-law and schedule (Attachment 1) is recommended. 6. Strategic Plan Application Not applicable. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410 or cstrike@clarington.net Attachments: Attachment 1 - Zoning By-law Amendment to Remove `H' Symbol The following is a list of the interested parties to be notified of Council's decision: The Kaitlin Corporation c/o Enzo Betucci I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2018\ZBA2018-0012 Newcastle Marina Villa RoH\Staff Report\PSD- 076-18.docx Attachment 1 to Report PSD -076-18 The Corporation of the Municipality of Clarington By-law Number 2018 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit the development of a 65 unit apartment building on the subject lands (ZBA2018-0012); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "Y (Newcastle)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding — Urban Residential Exception (H) R4-19 Zone" to "Urban Residential Exception R4-19 Zone"; as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. By -Law passed in open session this 10th day of September, 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk JAREPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\PSD-076-18\Attachment 1 to PSD -076-18 By-law.docx This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. c� Beacham-Cres M n Ship wayq ,M yen �+ SCh -o offer �a � he V 41-3 g? (akeb reg, Lake 011tU1,0 Zoning Change From "(H)R4-19" to "R4-19" v u� 'L. 1 5 Newcastle • Adrian Foster, Mayor ZBA 2018-0012 • Schedule 5 C. Anne Greentree, Municipal Clerk JAREPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\PSD-076-18\Attachment 1 to PSD -076-18 By-law.docx Clarbgton Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD -077-18 Resolution Number: File Number: PLN 12.12 By-law Number: Report Subject: Proposed Private Cannabis Retail Stores Recommendation: 1. That Report PSD -077-18 be received for information. Municipality of Clarington Report PSD -077-18 Report Overview This Report provides general information on the provincial government's proposed implementation for cannabis retail outlets. Background Page 2 1.1 Federal legislation provided for the legalization of non -medicinal use of cannabis addressing its regulation, sale and cultivation. It also made amendments to the Criminal Code, largely to strengthen impaired driving provisions. 1.2 The federal legislation is enabling and provinces have significant jurisdictional authority. Provinces can pass legislation regulating the retail model (such as private, government or a mix of both), be more restrictive regarding personal cultivation, possession amounts or increase the minimum age. Provinces may establish a licensing system or impose minimum separation distances between cannabis retail stores and/or between cannabis retail stores and other land uses (such as schools, playgrounds or recreation centres). Regulation can be done by the province but they may leave some of these issues to municipalities. 1.3 Report CLD -006-18 "Impacts of Cannabis Legislation" provided a broad overview of the impacts of the legalization of cannabis and the potential impacts on services in Clarington. It addressed the issues of enforcement, store locations and business licensing. 2 Proposed Ontario Cannabis Retail Model 2.1 On August 13, 2018, the Ontario government announced significant changes to how the province will manage cannabis retail. At the time of writing this report, no specific legislation is available, but the following details have been announced. 2.2 The previous plan for the LCBO subsidiary the Ontario Cannabis Store (OCS) has been cancelled. The provincial government will not be operating any physical cannabis retail stores. At the time of legalization (October 17, 2018), consumers will be able to purchase cannabis online through the OCS website. The province will introduce legislation for a private retail model for physical stores that, if passed, would launch by April 1, 2019. The province will be the sole wholesaler of cannabis to private stores. 2.3 Consumers will only be allowed to use non -medicinal cannabis in a private residence, including the outdoor space of a home (subject to a building's rules or lease), and will not be permitted in any public spaces, workplaces, or motorized vehicles. As part of the Municipality of Clarington Report PSD -077-18 Provincial review of the Smoke Free Ontario Legislation, it will determine whether recreational cannabis may also be consumed in commercial lounges. Page 3 2.4 The private retail store model will be developed in consultation with the Association of Municipalities of Ontario, the City of Toronto, Indigenous communities, police, the cannabis industry association, and other key stakeholders. Consultations will address various rules such as store hours, staff training, types of eligible businesses, and other aspects not already regulated by federal legislation. 2.5 The province will provide a total of $40 million over two years to municipalities to help cover costs associated with the legalization of cannabis. Funding will be calculated on a per household basis and no municipality will receive less than $10,000. 2.6 Municipalities will be provided a one-time window under which they can choose to opt -out of permitting physical cannabis retail stores within their boundaries. 2.7 The province will enact new road safety measures that will increase the consequence and cost for those who drive under the influence and impose a zero -tolerance approach for impaired young, novice, or commercial drivers. Further Details Revealed at AMO Conference 2.8 On August 22, 2018 at a session called "Cannabis and Communities — The Here and Now" at the AMO conference in Ottawa, David Mitchell, Nicole Stewart, and Renu Kulendran spoke on behalf of the province. Municipal Funding 2.9 Further details on funding were announced: If the province's portion of excise duty revenue on non -medicinal cannabis exceeds $100 million over the first two years, municipalities would receive 50% of the surplus. Ability to Opt -out 2.10 Further details on "opting -out" were announced. Representatives of the province stated it would be the first order of business for new municipal councils in December to decide if they wish to opt -out. The province also promised there would be more information available by that time. Though there are few details, there will be a mechanism for municipalities to opt back in. 2.11 For context, Mayors of Markham, Oakville, and Richmond Hill have already stated they want to exercise their right to opt out. On August 13, 2018 St. Catharines passed an interim control bylaw that defines and temporarily prohibits cannabis retail stores in the municipality. According to the St. Catharines' staff report, this approach was taken because of a lack of time to prepare a set of regulations and a lack of details about the provincial model. An interim control bylaw is in effect for 1 year, can be renewed for an additional year, and does not require prior notice or a public hearing. During the first year, it can only be appealed by the province, but any person or public body may appeal the renewal. Municipality of Clarington Report PSD -077-18 Other Details and Advice Page 4 2.12 Municipalities are encouraged to look at Alberta, Saskatchewan, and Manitoba as they have already set in place the roles of municipalities in relation to their respective provinces. These systems provide a good foundation for how issues will be addressed in Ontario. 2.13 This is a multi-year project, changes will occur during that process and the province has indicated it will respond to concerns, particularly regarding bylaw enforcement versus policing. Consultations will continue, and municipalities are encouraged to engage in dialogue with the province. 2.14 There will be a provincial program to educate youth on the risks of cannabis to prevent underage use. Provincial Consultations with Municipalities 2.15 On August 20, 2018, the office of Lindsey Park (MPP for Durham) sent consultation questions regarding private cannabis retail stores to the Office of the Regional Chair and Regional CAO. Park's office requested that the consultation document also be forwarded to municipal mayors for their input. 2.16 There are still outstanding issues and unknown details. There are no further details regarding the following: xthe length or degree of consultations; xwhen legislation will be introduced; or xif and to what degree the province will regulate: o the location of cannabis retail stores; o minimum distance separation from competitors; or o minimum distance separation from schools, playgrounds, or other places frequented by a minor. 3 Clarington Context and Issues Issues to Consider 3.1 During the province's consultation period and after provincial legislation is available, there are a number of issues the Municipality may wish to consider. In the existing Zoning By- laws, the definition of "Retail/commercial Establishment" is broad enough to permit sales activities of cannabis. The use does not appear to have any unusual characteristics in terms of deliveries, parking, or other land use impacts. It is somewhat similar to a pharmacy or a bank as it requires secure storage. It is also somewhat similar to a liquor, store, beer store or even a convenience store, which sell restricted products like alcoholic beverages and cigarettes. Municipality of Clarington Report PSD -077-18 Page 5 3.2 Nonetheless, depending on what the provincial legislation will require and what options may remain for municipalities, the following are some of the main issues the Municipality will consider regarding amendments to existing Zoning Bylaws. Definitions 3.3 Definitions for cannabis -related uses such as Cannabis Retail Store that are consistent with provincial and federal definitions could be added to Zoning Bylaws. Location and Siting 3.4 Cannabis retail stores could be regulated as a permitted use, limited to specific commercial zones, or they could require zoning for each store to control location, scale of operation, and perhaps the number of retail operations. Cannabis retail stores could be excluded from certain areas of the Municipality, such as heritage districts, tourist areas, or along "Main Streets". Buffers 3.5 A buffer, or minimum separation distance, may be established between any cannabis related facility and a competitor and/or other sensitive land uses (e.g. schools, daycares). The province may establish minimum buffers that the Municipality may wish to increase. These type of buffers are not based on land use planning criteria. Hours of operation 3.6 The Municipality currently does not regulate hours of operation. Currently, the only legislation governing hours of operation that staff is aware of is the Retail Business Holidays Act, which regulates days in which retail businesses must be closed. Access 3.7 Equity of access to cannabis retail stores should be considered. This would involve ensuring sufficient parking, transit access, distribution of locations, and adhering to accessibility regulations (e.g. barrier -free access). 3.8 There are also a number of possible issues the province may or may not regulate and the Municipality may want or need to address, but are beyond land use, such as: xif complaints about personal cultivation are to be dealt with by bylaw enforcement or policing; xcosts of policing and bylaw enforcement; xif co-operative personal cultivation (a "co-op grow -op") is permissible; xillegal storefront "dispensaries"; xfire and building inspections; xconsumption of medical cannabis (existing rules not in force as Smoke Free Ontario Act, 2017 has been "paused" by current government); xpublic intoxication; Municipality of Clarington Report PSD -077-18 )df consumption is permitted in "temporary residences" such as houseboats, campers, or tents, or in long-term care homes or social housing. Cannabis Industry in Clarington Page 6 3.9 Currently there are approximately 130 skilled jobs in the cannabis industry represented by three licensed producers with 9160m2 (98,600 sq ft) of production facilities space in Clarington: xCanopy Growth with 6370 m2; xMediWanna with 930m2; xStarseed Medicinal with 1860 m2. 3.10 Canopy Growth (an Ontario -based global producer and one of the largest in Canada) and MediWanna are both planning significant expansions in Clarington. 3D CANA is currently constructing a 2137 m2 facility in Clarington. And there are potentially another three companies in various stages of developing licensed production facilities in the Municipality. MediWanna has applied to the Federal Government to upgrade its license to permit sales activities. Retail Landscape 3.11 Currently in Canada, many corporate retailers are entering the cannabis industry. Drugstore retailers including Shoppers Drug Mart (owned by Loblaw Cos.) and Walmart are hoping to dispense medicinal cannabis through their pharmacies, but are unlikely to sell non -medicinal cannabis. However, under its grocery store brands, Loblaw has licenses to sell non -medicinal cannabis in 10 of its Dominion stores in Newfoundland. Loblaw has been granted approval to develop cannabis stores in New Brunswick and is considering selling non -medicinal cannabis in Ontario. 3.12 Second Cup, the Canadian coffee chain, has partnered with National Access Cannabis to convert some of their coffee shops into cannabis retail stores under the brand Meta Cannabis Supply Co. These conversions have so far focused on western Canada where private cannabis retail models were already legislated, with a target of 50-70 cannabis retail stores across western Canada and recruiting up to 700 employees. They are now looking at converting roughly 130 locations in Ontario to cannabis retail stores, conditional on securing a retail license from provincial regulators. Public Engagement 3.13 In preparation for the new Council's decision on the question of "opting -out", the Engage Clarington tools could be utilized to get a feeling of the community's position on this matter. Municipality of Clarington Report PSD -077-18 4 Concurrence Page 7 This report has been reviewed by the Clerk and the Municipal Solicitor who concur with the recommendation. 5 Conclusion The purpose of this report is to provide background information on the newly proposed private cannabis retail model. Although a rough frame work has been proposed as to how cannabis will be sold, few details are available at this time. Unlike the previous government store model, where Clarington may have had one or two stores, the private cannabis retail model can be anticipated to broadly disperse stores across the community. Staff will continue to monitor and provide further information as it becomes available. Direction from the new Council will be sought with regard opting -out and land use regulation. 6 Strategic Plan Not applicable. Submitted by: 2x Reviewed by: David J. Crome, MCIP, RPP Director of Planning Services Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Mark Jull, Planner, 905-623-3379 ext. 2426 or mjull(a)-clarington.net There are no interested parties to be notified of this report. MJ/FL/jp/av I:\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 12 Commercial\PLN 12.12 Cannabis Retail Stores\PSD-077-18.docxl:\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 12 Commercial\PLN 12.12 Cannabis Retail Stores\PSD-079-18.docx Clarbgton Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD -078-18 Resolution Number: File Number: PLN 8.6.1 By-law Number: Report Subject: Residential Neighbourhood Character Study Recommendations: 1. That Report PSD -078-18 be received; 2. That Staff be authorized to undertake a Residential Neighbourhood Character Study to inform the Zoning By-law review as described in the proposed Terms of Reference in Attachment 2. 3. That Council pass the Interim Control By-law contained in Attachment 3 to this report; 4. That notice of the passing of the Interim Control By-law be given in accordance with Subsection 38(3) of the Planning Act, R.S.O. 1990, C.P. 13, as amended; and 5. That all interested parties listed in Report PSD -078-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -078-18 Report Overview Page 2 To address concerns with redevelopment within established residential neighbourhoods of Elgin, Central and Memorial in Bowmanville, staff propose to retain a consultant to conduct a Residential Neighbourhood Character Study. This study will inform the comprehensive Zoning By-law review ZONE Clarington. To accommodate the study and prevent incompatible development during the review period, an Interim Control By-law is recommended. The proposed Interim Control By-law would permit development that is not likely to contribute to issues affecting neighborhood character to occur and also recognize recent rezoning and land division approvals. 1. Background 1.1. Over the past couple of years, the public has expressed concern that there are new lots, new dwellings and additions to existing dwellings within established residential neighbourhoods that are not compatible with the existing residential neighbourhood character. 1.2 This has been a problem for municipalities across the GTAH as the price of land increases, the value of living in existing neighbourhoods closer to urban centres is understood and desire for larger homes has increased. Clarington is now experiencing an infill boom leading to concern about neighbourhood character. 1.3 As part of the comprehensive zoning by-law review, the ZONE Clarington team has begun to review the issue of residential neighbourhood character within the context of the entire municipality to determine how best to tackle this issue. The ZONE Clarington team has identified areas experiencing the greatest change to residential neighbourhood character. 2. Study Areas 2.1 After reviewing areas across the Municipality, the three proposed study areas within Bowmanville were selected as being under the greatest threat. By studying three areas, the scope of the study would be reasonable and the costs would be limited to available funds. We also believe that by studying these three areas, the findings would be transferable to other parts of the Municipality. The three proposed study areas are: x Study Area 1 is a portion of the Elgin Neighbourhood with buildings primarily constructed between 1900 and 1949 x Study Area 2 is a portion of the Central Neighbourhood in Bowmanville (North Ward) with buildings constructed primarily between 1850 and 1929 x Study Area 3 is a portion of the Memorial Neighbourhood in Bowmanville (South Ward) with the northerly portion primarily constructed between 1850 and 1929 and the southerly portion containing buildings a greater age range of buildings including many in the 1950's and 1960's. Municipality of Clarington Report PSD -078-18 Page 3 A summary of the three study areas is contained in Attachment 1. 2.2 The study areas are primarily zoned "Urban Residential Type One (R1)". This zone permits single detached dwellings, semi-detached dwellings, duplexes and places of worship. An apartment in house is permitted within a single detached or semi-detached dwelling and home occupations are permitted within dwellings with the exception of the retail sale of antiques, arts, crafts or hobby items. The existing zoning regulations do not account for the character of the existing neighbourhoods when dealing with heights, setbacks and lot coverage. Indeed, most of these neighbourhoods were constructed prior to any zoning by-law and can be greatly varied in built form, heights, setbacks and lot coverage. 3. Provincial Policy Provincial Policy Statement 3.1 The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential dwelling types while being sensitive to the characteristics of the neighbourhood. 3.2 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 that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. The subject area is within the Built-up Area of the Growth Plan. The Growth Plan includes policies to direct development to settlement areas, and provides direction for intensification targets within Built-up Areas. 4. Official Plans Durham Regional Official Plan 4.1 The Durham Region Official Plan supports the development of people -oriented Urban Areas that create a sense of community, promote social interaction and are aesthetically pleasing. Clarington Official Plan 4.2 The Clarington Official Plan envisions Clarington as "a place where each community can build on its individual character, share a common economic base and a distinct collective image". The physical character of established residential neighbourhoods are to be enhanced while accommodating increasing intensification that celebrates the history and character of its communities. Municipality of Clarington Report PSD -078-18 4.3 New development and redevelopment in existing neighbourhoods are to: Page 4 a) Respect and reinforce the physical character of the established neighbourhood having regard to the pattern of lots, streets and block, the size and configuration of lots, building types of nearby properties, the height and scale of building and the setback of building from the street, rear and side yards; b) In neighbourhoods of historical character, be consistent with the built form pattern of the area; c) Adhere to all relevant Urban Design Guidelines and expectation for high-quality architectural design and sustainable building materials; and d) Maximize opportunities to improve accessibility and pedestrian and cycling systems, enhance neighbourhood and transit connections, and reduce energy, water and resource use. 4.4 Lot creation should keep with the character of the surrounding area. 4.5 Lands along Liberty Street are designated as a Local Corridor. The Official Plan requires corridors to be comprehensively developed to provide for residential and/or mixed use developments with a wide array of uses in order to achieve higher densities, and transit oriented development while being sensitive to the existing neighbourhoods. The built form shall incorporate existing local character and scale to create a compatible and attractive built form with a distinctive community image. 5 Discussion 5.1 Character is not to be equated with style. It can be attributed to the pattern and relationship of the physical elements that contribute to the streetscape. Elements can include height, scale, setbacks, layouts, orientation of the principal entrance, type and location of parking, use of yards, and landscapes. 5.2 Concerns with development of single detached and semi-detached dwellings in the subject areas relate to overall massing, height, setbacks, number of front doors and the number of attached garages. The areas have large lots which affords property owners the ability to construct larger homes than what is typically found in the area while still respecting the lot coverage, frontage and setback regulations. The table below summarizes the current zone regulations in the "Urban Residential Type 1 (R1)" zone for single detached and semi-detached dwellings. Municipality of Clarington Report PSD -078-18 Regulation (minimum unless Single Detached Semi-detached specified) Dwelling dwelling Lot area 460 m2 550 m2 Interior lot frontage 15m 18 m Corner lot frontage 16 m 20 m Front yard setback to a 6m 6m garage or carport Front yard setback to a 4.5m 4.5m dwelling Exterior side yard setback 6m 6m Interior side yard setback 1.2 m 1.2m with an attached garage or carport Interior side yard setback 4.5 m on one side, 3.0 m without an attached garage 1.2 m on the other or carport Rear yard setback 7.5 m 7.5 m Dwelling unit area 1 storey or split 80 m2 level 85 m2 1 '/2 storey 100m2 Lot coverage (maximum) 40% 45% Landscape Open Space 30% 30% Building Height (maximum) 10.5 m 10.5m Private garage or carport May extend a May extend a projection maximum of 3.0 m maximum of 3.0 in front of the m in front of the dwelling unit on all dwelling unit on lots registered after all lots registered June 30, 2000 after June 30, 2000 Page 5 5.3 The definition of height is another concern. It permits height to be measured from the lowest finished grade which could vary dependant on topography. Typically it allows for a 2 storey plus basement in a walkout condition to be built. This combined with the maximum height of 10.5 metres in the "Urban Residential Type 1 (R1)" zone can provide for the construction of a single detached dwelling or a semi-detached dwelling that may have three storey's in areas that traditionally has bungalows and two storey dwellings. The definition of height is as follows: "Shall mean the vertical distance, measured between the lowest finished grade adjacent to any wall of the building, and a. in the case of a flat roof, the highest point of the roof surface; and b. in the case of a mansard roof, the deck roof line; and c. in the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. Municipality of Clarington Report PSD -078-18 Page 6 In calculating the height of a building, roof constructions such as bulkheads, penthouses and similar constructions enclosing equipment or stairs and which are less than 6 metres in height and do not occupy more than 30 percent of the area of the roof upon which they are located, and accessory roof constructions, such as chimneys, towers, steeples or television antennas, shall be excluded." Figure 4: 23 Centre Street, Flat roof dwelling with a height of 8.35 metres 5.4 Another issue is the design of new dwellings that accommodate apartment -in-house with separate access to the front of the dwelling. Rather than having the appearance of a single or a semi-detached dwelling, these dwellings have the appearance of a semi- detached or quadraplex. There are also examples where the basements are raised which contributes to the increased heights and massing. The definition of an apartment - in -house is as follows: "Shall mean a self-contained second dwelling unit within a permitted residential single detached or semi-detached dwelling created through converting part of or adding onto a dwelling unit. The apartment -in-house shall be used or intended to be used by one or more persons and shall contain sanitary facilities, kitchen and heating are provided. The apartment -n -house shall have a private entrance from outside the building or from a common hallway or stairway inside the building." Municipality of Clarington Report PSD -078-18 Page 7 Figure 5: 20 George Street, Bowmanville, a single detached dwelling designed to accommodate an apartment -in-house with two front doors. 4 Figure 6: 129-131 Ontario Street, Bowmanville, two semi-detached dwelling units, each designed to accommodate an apartment -in-house with two front doors. 5.5 Many of the dwellings in the subject area do not have attached garages which requires a larger side yard setback on one side to accommodate a driveway (4.5 metres for a single detached and 3.0 metres for a semi-detached). A side yard setback on the side without the attached garage would require 1.2 metres. Newer homes that are being constructed in the subject area typically have attached garages which give a larger appearance to the dwelling since it occupies more of the frontage than other dwellings in the area. Municipality of Clarington Report PSD -078-18 Page 8 Figure 7: 52-54 Brown Street, Bowmanville, semi-detached dwelling with double car garage located on either side. Figure 8: Single detached dwellings on High Street with double and triple car garages. 5.6 Roof pitch is an element that contributes to the massing of a structure. Many new dwellings are being constructed with a greater roof pitch than what is typical in the subject area. Figure 9 depicts a new dwelling with a roof pitch that is consistent with the neighbourhood, while Figure 10 depicts a much greater pitch. Figure 9: 57 Duke Street with a roof pitch of 6/12 Municipality of Clarington Report PSD -078-18 Figure 10: 111 Duke Street with a roof pitch of 12/12 6 Residential Neighbourhood Character Study Page 9 6.1 The purpose of a Residential Neighbourhood Character Study is to identify and evaluate the physical character of the study area and the key impacts of residential intensification. It will recommend appropriate Official Plan policies, zoning regulations and other implementation tools that may be applied to appropriately guide and manage new development in the study area, to have infill development or additions better respect and compliment neighborhood character into the future. 6.2 In order to accommodate the Residential Neighbourhood Character Study within the work plan for the Zoning By-law review the ZONE Clarington team proposes to utilize funds from the existing ZONE Clarington budget to retain a consultant. Other municipalities throughout the province have hired consultants for this type of work since, most do not have the urban design specialty in house to examine the issue within the time frame of an interim control by-law. 6.3 To provide a frame work and contain the research tasks, staff have narrowed the study area to those of greatest current threat and will provide data on planning and building permit applications which have occurred in the study area. 6.4 A draft terms of reference has been prepared by the ZONE Clarington team that is ready to go through the purchasing process for tender should Council authorize staff to conduct the Residential Neighbourhood Character Study. A summarized terms of reference is contained in Attachment 1. 7 Interim Control By-law 7.1 Section 38 of the Planning Act enables municipalities to enact interim control by-laws for a period of one year (with the potential to renew for a further year). An interim control by-law can restrict the use of land within an area specified by the by-law to enable a study to be undertaken. The passing of an Interim Control By-law must be preceded by a Council resolution identifying the land use issue and the need for a study to examine the issue. Once an interim control by-law is enacted, another cannot be applied to the Municipality of Clarington Report PSD -078-18 Page 10 same area for a period of three years. Without having an interim control by-law in place, incompatible development may continue during the process of the Residential Neighbourhood Character study. 7.2 An interim control by-law can be renewed for a second year, however the extension is subject to appeal unlike the original interim control by-law. Having reviewed other similar Residential Neighbourhood Character study processes, it is evident that most take more than a year to complete. In order to minimize potential appeals, the proposed Interim Control By-law (see attachment 3) has been crafted to include a number of exemptions for buildings and structures that would not likely contribute to the issues affecting neighbourhood character, or to acknowledge current approvals that have been granted. 7.3 If a property owner wishes to develop something that does not fall within the list of exemptions contained in the proposed Interim Control By-law, there is an opportunity to submit an application for a Minor Variance during the interim period in accordance with By-law 83-83. Since a Minor Variance is a Planning Act Application, it must conform with the policies of the Official Plan. The Official Plan requires development to respect and reinforce the physical character of the established neighbourhood, staff would have the opportunity to require the applicant demonstrate how their proposal fits with the character of the neighbourhood. 8. Conclusion 8.1 In consideration of the comments contained within the report, it is recommended that staff be authorized to conduct a Residential Neighbourhood Character Study summarized in the Terms of Reference contained in Attachment 2. In order to prevent incompatible development from occurring during the course of the study, it is recommended that Council pass the Interim Control By-law as contained in Attachment 3. 8.2 The recommendations from the Neighbourhood Character Study will inform the comprehensive zoning by-law review ZONE Clarington not only for the Study Area but in other parts of Bowmanville and the other urban areas. 9. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan sections 3.1 and 3.5. The Residential Neighbourhood Character Study will contribute to the achievement of managing growth to maintain our "small town" feel. Municipality of Clarington Report PSD -078-18 Page 11 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Tracey Webster, Planner, 905-623-3379 ext. 2415, twebster(a_clarington.net Attachments: Attachment 1 - Description of Proposed Study Areas Attachment 2 - Proposed Terms of Reference — Residential Neighbourhood Character Study Attachment 3 - Proposed Interim Control By-law There are no interested parties to be notified of Council's decision. TW/CP/av i:\^department\Ido new filing system\pin files\pin 8 other by-laws\pin 8.6 interim control by-law\pin 8.6.1 residential neighbourhood character study\psd -078-18. d ocx Attachment 1 to Report PSD -078-18 1. Study Area 1 — Elgin Neighbourhood 1.1 The first area is within the Elgin neighbourhood from Fourth Street south to the Canadian Pacific Rail line, West to Scugog Street and east to Liberty Street (see Figure 1). The entire area is zoned "Urban Residential Type One (R1)" with the exception of a convenience store at 29 Second Street, zoned "Neighbourhood Commercial (C2) and 127 and 129 Elgin Street which are zoned "Urban Residential Exception (R2-83)" to permit a single detached or bungaloft dwelling with a maximum height of 6.5 metres. 1 mill 111111111111/x' �� 11111 � � 111111 . - • - . rl ■'� i� I ■..� ..■� ■■■■■■IN IN illi:■ . ®a !11111, ��• ■■� .1. It. �� ■� ■ ■ ■E■ ■ ..tl. -1. gills., a�,■ 1i � � ■ Iilllgiit� .. Nor_ - IM 1� ■ Iu1r� 1 1 � ■I -IIS Figure 1: Study Area 1 — Elgin Neighbourhood 1.2 There is a rezoning application subject to report PSD -064-18 for 92 Elgin Street to rezone the lands to reduce the minimum lot frontage to 12.9 metres in order to support the creation of an additional lot for a single detached dwelling with a height of 10.5 metres or less. The existing dwelling would be demolished to accommodate the new lot. The site plan contained within Appendix "D" of the Planning Justification Report indicates that the two proposed dwellings will be bungalows with accessory apartments having a side yard setback of 3.0 metres on one side and 0.8 m on the other. 1.3 Since January 2017, there have been a number of Land division applications within Subject Area 1 creating 5 lots for single detached dwellings and 3 lots for semi-detached dwellings (6 units). Two existing single detached dwellings will be demolished to accommodate the revised lot fabric and new single detached dwellings will be rebuilt in their place. To date only one building permit application has been submitted to construct a semi-detached dwelling at 133 Scugog Street. 1.4 To address a resident's concerns regarding on -street parking and public safety on Lambs Lane, resolution #PD -233-17 required a setback of 9.8 metres to the garage for all new dwellings constructed on Lambs Lane, north of Third Street. This requirement is to be secured through the consent agreements. 2. Study Area 2 — Central Neighbourhood 2.1 The second area identified is within the Central neighbourhood south of the Canadian Pacific rail line, Odell Street and Borland Court, west of Liberty Street and north of the limits of the East Town Centre neighbourhood. 41pELL STRE - - AGO BOOR-LL4ND C } w d � CONC IONS kEET WEST CONCESSION STREET WEST CONCES5[0N rLL z � 0 r - O Oys C [if T Lq Lq v 'tics Subject Area "roti s srR SFT 5 � 0 C 61 Figure 2 w� Land Divisions Figure 2: Study Area 2 — Central Neighbourhood 2.2 Between 2002 and 2005, the Municipality undertook Heritage Conservation District Study for generally the same area. The heritage conservation district status would have allowed for a greater control with binding guidelines for redevelopment proposals which would necessitate a heritage permit for construction. With the exception of Beech Avenue, the initiative was opposed by many residents and thus zoning regulations remain the primary mechanism for regulating redevelopment. 2.3 This area is primarily zoned "Urban Residential Type One (R1)" north of Wellington Street and "Urban Residential Exception (R1-12)" along Wellington, Church, George, Ontario and Brown Streets. The R1-12 zone permits converted dwellings in addition to the balance of the uses permitted in the "Urban Residential Type One (R1)" zone. Converted dwellings are single detached dwellings that have been "converted" into apartment units prior to 1984. There are two exceptions for Long Term Care facilities located at 26 Elgin Street (Marnwood Life Care Centre) and 106 Church Street (Clarington Manor). There is also an exception for a Funeral Services Establishment at 53 Division Street (Northcutt Elliot Funeral Home). All of the exception zones permit the uses in addition to all of the uses permitted in the "Urban Residential Type One (R1)" zone. 2.4 A Land Division application has been submitted to create 2 lots for single detached dwellings at 26 Concession Street West. This application was approved on August 13, 2018. The conditions of approval require architectural and urban design review in accordance with the Old Bowmanville (North Ward) Heritage Guidelines (April 2006). The vistas and views to and from the heritage home and the character of the surrounding neighbourhood must be maintained. In addition, dwellings are required to adhere to the following regulations: x 14 metre front yard setback to dwelling and garage x 9 metre rear yard setback x 4.5 metre west side yard setback on east lot x 6 metre west side yard setback to accessory building on east lot x 6 metre east side yard setback to accessory building on west lot x Maximum height 8 metres with a compatible pitch and design for existing house. Pitch no greater than 7/12 x Attached garage limited to single car door located no closer to the front property line than the dwellings first floor front wall or covered porch projection. 3. Study Area 3 — Memorial Neighbourhood 3.1 The third area is within the Memorial neighbourhood south of the limits of the East Town Centre neighbourhood, west of Liberty Street to Baseline Road, East of the Bowmanville Creek, excluding the former Goodyear plant and the subdivision south of it and west of Hunt Street. This subject area excludes Memorial Park, commercial uses and apartment buildings located along Liberty Street. �• � �� _ x.11 IS r� � � t� It�� ff!lf111t illi �'C` �■�/ ��I� ;��l1111l111I11l1lIIf1� t �, ►►►rur�`� ��♦ • .,� �11111111�1 1111 .� will ;__ � �%i � •ice �il��= i i� iMilli t11D� a�I :I® ��iiilii i��1111111 � lihl :Illil� �� IIII■ ■ilii■I� ii iii�fii�� .■ �, mitlllFfflwifl■ p ■ _ is o ■I11121<11111■ 1111 �._ i �#�I�i■ 'rte 1111111f1111■ � Ile 11111 it � , ` w � i!!iR11ffl1■111■ Iiiipiiii ■WEE�� ■� Figure 3: Study Area 3 — Memorial Neighbourhood 3.2 This area is primarily zoned "Urban Residential Type One (R1)". The properties on the north side of Queen Street are zoned "Urban Residential Exception (R1- 12)" west of Ontario Street. This zone permits converted dwellings in addition to the balance of the uses permitted in the "Urban Residential Type One (R1)" zone. There is an exception for a triplex at 10 Argyle. An apartment is zoned "Urban Residential Type Four (R4)" at 81 Ontario Street and there is a convenience store zoned "Neighbourhood Commercial (C2) at 87 Ontario Street. There is an exception for existing single detached dwellings located at 54 and 56 Duke Street with a lot frontage of 9.45 m, front yard setback of 4.25 metres and an interior side yard setback of 0.9 m with an attached garage or carport, and 2.8 m on the side without an attached garage or carport. 3.3 Since January 2017 Land Division applications have created 2 single detached dwelling lots and 5 semi-detached dwelling lots (10 units). Two single detached dwellings will be demolished to accommodate the new lot fabric and new dwellings will be constructed to replace them. Building permit applications have been submitted for one single detached dwelling and three semi-detached dwellings (6 units). The semi-detached dwellings have each been designed to accommodate an apartment -in-house. Attachment 2 to Report PSD -078-18 G ■ ■• i IONEClarington Municipality of Clarington Comprehensive Zoning By -Law Review Residential Neighbourhood Character Study — Terms of Reference Outline Study Area: Three specific residential neighbourhood areas have been identified as the study area. These were broadly identified by Staff based on a preliminary, desktop review of established neighbourhood areas in Clarington and consideration of residential intensification concerns that have been raised by Clarington Council and the public. The study area is subject to Interim Control By-law XXX -2018, approved by Council [DATE]. Objectives: x To confirm and/or refine the study area boundaries. x To identify and evaluate the physical character within the study area. x To identify the key impacts of residential intensification occurring within the study area that are concerning to residents. x To recommend appropriate Official Plan policies, zoning regulations and other implementation tools that may be applied to appropriately guide and manage new development in the study area, ensuring that it respects and complements this character into the future. Scope of Work: 1) Background research a. Review of the Clarington Official Plan, development guidelines, Zoning By-law 84-63, properties designated under the Ontario Heritage Act and properties of heritage interest, and other relevant studies (e.g. heritage conservation district study) and staff reports. b. Review of relevant regional and provincial policy, the Planning Act and specifically municipal authority to regulate character through zoning, site plan, and subdivision. 2) Existing character assessment a. Confirm whether the initial character area boundaries identified by Staff are appropriate, or whether they need to be adjusted. b. Assess the character, context, scale and architectural style of the study area to identify specific and unique qualities and characteristics. c. Evaluation of the physical changes occurring within the study area based on a review of recent building permit, land division, minor variance, and other development application data. d. Observations on opportunities for potential infill, severance and redevelopment in the study area. 3) Best practices review 4) 5) 6) 7) Public consultation to present and seek comment on the results of 1) — 3) and to identify key issues regarding intensification that are of concern to residents. Assessment and evaluation of planning options and strategy development. Recommendation of preferred options and implementation plan Prepare: a. Residential Neighbourhood Character Study report b. Neighbourhood character statement(s) for the study area that will serve to guide the design of new development Attachment 3 to Report PSD -078-18 Corporation of the Municipality of Clarington By-law Number 2018-. being an Interim Control By-law passed pursuant to section 38 of the Planning Act, R.S.O. 1990, c. P.13, as amended. WHEREAS staff prepared Report PSD -078-18 identifying the need to undertake a review or study of the land use planning regulations respecting the area shown as "Area Subject To Interim Control By -Law" on the map contained in Schedule "A" hereto, and recommending that the review or study of land use planning policies be undertaken; WHEREAS at its meeting on September 17, 2018, Council directed staff to undertake the review or study of land use planning policies for the area shown as "Area Subject To Interim Control By -Law" shown on the map contained in Schedule "A" hereto; WHEREAS Council deems it expedient to pass an Interim Control By-law under Section 38 of the Planning Act, R.S.O. 1990, c.P.13, as amended applicable to the are shown as the "Area Subject To Interim Control By -Law" shown on the map contained in Schedule "A" hereto; NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. The use of land, buildings or structures located within the area shown as "Lands To Which This By-law Applies" on the map contained in Schedule "A" attached to and forming part of this By-law, is prohibited, except a use for one or more of the following purposes: a. An existing legally established use permitted by By-law No. 84-63, as amended, on the day immediately prior to the date of passing of this By- law; b. An addition to an existing dwelling that does not alter street fagade and does not exceed: i) 25% or more of the total floor area of the dwelling that existed on the same lot on the date of passage of this by-law; ii) A height of 8 metres; iii) A roof pitch minimum of 4/12 and a maximum of 7/12. iv) A lot coverage of 35% C. Accessory buildings and structures provided they comply with the provisions of Section 3 of Zoning By-law 84-63; d. An apartment -in-house provided for new apartments -in -houses: i) Access is provided through a shared common entrance with the principal dwelling use, or through an entrance within the interior side yard or rear yard; and ii) Provided that it complies with the parking requirements of Section 3 of the By-law and that the total driveway on the lot is less than 50% of the lot width. e. A home occupation in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts or hobby items. 2. The following provides a list of exceptions to the provisions of Section 1 of this by- law: a. An Apartment -in-house in accordance with Section 3.2 of Zoning By-law 84-63, where access is provided through a separate front entrance from the principal dwelling use located at each of 129 and 131 Ontario Street; b. A new single detached dwelling at 129 Elgin Street in accordance with the "Urban Residential Exception (R2-83)" zone. C. Two new single detached dwellings located at 26 Concession Street West, in accordance with the regulations contained in the conditions of approval for LD 2018/003 & LD 2018/004. d. New single detached dwellings subject to the regulations contained in Section 2 f. of this By-law and located at: i) 47 Second Street, Bowmanville ii) 73 Lambs Lane iii) A total of 3 single detached dwellings 60 & 66 Lambs Lane in accordance with LD2017/143-146 iv) 115 Duke Street V) 112 Duke Street in accordance with LD2017/187 & 188 vi) 75 Duke Street e. New semi-detached dwellings subject to the regulations contained in Section 2 f. of this By-law and located at: i) 69 Lambs Lane ii) 132A Elgin Street iii) 112 Duke Street in accordance with LD2017/187 & 188 f. Regulations for new dwellings listed under subsections e. and f: i) Maximum lot coverage 35% ii) Maximum height 8 metres iii) Minimum interior side yard setback with an attached garage 1.2 metres iv) Minimum interior side yard setback without an attached garage 1.2 metres on one side, 4.5 metres on the other v) Minimum roof pitch 4/12 vi) Maximum roof pitch 7/12 g. An addition to a single detached dwelling located at 79 Division Street with a maximum lot coverage of 43% in accordance with approved Minor Variance Application A2016-0032. 2. This By-law is not applicable to applications for building permits submitted prior to the effective date of this By-law. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall be in effect for a period of 1 year from the date of its passage. By -Law passed in open session this 17th day of September, 2018. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk i:\"department\Ido new filing system\pin files\pin 8 other by-laws\pin 8.6 interim control by-law\pin 8.6.1 residential neighbourhood character study\attachment 3 to psd-078-18 by-law (av).docx m Clarington Planning Services Staff 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 & Development Committee Date of Meeting: September 10, 2018 Report Number: PSD -080-18 Resolution: File Number: PLN 25.1.57 By-law Number: Report Subject: Renaming of a Portion of Lakeshore Road to Lake Homestead Road Recommendations: 1. That Report PSD -080-18 be received; 2. That subject to receipt of the application fee of $1,200 for a street renaming request, staff be authorized to take appropriate steps to advertise in the local newspapers for a Public Meeting on the renaming of the portion of "Lakeshore Road" from Boulton Street to Stephenson Road as "Lake Homestead Road"; and 3. That all interested parties listed in Report PSD -080-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -080-18 Page 2 Report Overview William Lake has requested that a portion of Lakeshore Road be renamed to William Lake Road. The Region has rejected that name but has approved Lake Homestead Road. This report seeks Council's authorization to proceed subject to application fees being paid by the requestor. 1. Background 1.1 In 2014, the Lake family approached Councillor Woo regarding having a street name in Newcastle reserved for William Lake and possibly renaming Riley Road. Planning staff made inquiries of the Region. 1.2 In a letter dated July 21, 2014, the Region of Durham rejected the street name of "William Lake" from an emergency response perspective. There were too many streets in Clarington that start with William. 1.3 On March 14, 2016, William Albert Lake submitted a letter to Mayor and Members of Council requesting that a portion of Lakeshore Road from the east end of Boulton Street to the south end of Stephenson Road be renamed "William Lake Road" in honour of four generations of William Lakes (Attachment 1). 1.4 The Region of Durham reiterated its earlier decision not to approve William Lake as street name. 1.5 Councillor Woo has been working with staff at Durham Region and at Durham Regional Police Department on alternative names that may be acceptable as a tribute to the Lake family. 1.6 On August 23, 2018, Planning staff were advised that "Lake Homestead" would be an acceptable name to the Region. 2. Discussion 2.1 The segment of Lakeshore Road proposed to be renamed is shown on Figure 1 below. There are 25 properties affected. Municipality of Clarington Resort PSD -080-18 Ix k cc 1 w $ ORE, � { IT L-immwra RPM lo L Hbmewwd Pwd 3 Figure 1: Segment of Lakeshore Road requested to be renamed 2.2 The fee for street renaming requests is $1200. It is a detailed process that requires significant staff time and costs for advertising. It involves notification and answering questions from the affected residents, preparation of reports, notifying many agencies and utilities and processing goodwill payments discussed below. 2.3 It is the Municipality's policy is to provide a goodwill payment to persons affected by the street renaming of $50 per address in recognition of their inconvenience. This would require an additional $1250 from the requester. 2.4 If Council determines to proceed, a Public Meeting would be scheduled for early in 2019. 3. Conclusion With Council's authorization, staff will take the appropriate steps to advertise a public meeting on the street renaming request of William Lake. 4. Strategic Plan Application Not applicable. Municipality of Clarington Report PSD -080-18 Page 4 Submitted by: David Crome, MCIP, RPP, Director of Planning Services Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(a_clarington.net Attachment: Attachment 1 — Letter from William Lake dated March 14, 2016 DC/tg The following is a list of the interested parties to be notified of Council's decision: William Lake I:\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 25 Municipal Numbering and Street Names\PLN 25.1.57 Lake Homestead Road\PSD-080-18.docx DISTRI13L)TION T21 AX n ar 'z,-.;%~'.=��` • �.'`.�' ('-5.?l'��t`?�,' 3 any � 4�, 1,- N u0perations Nuplanning Services March 14, 2016 ❑ Other: Municipal Clerk's Fite Dear Mayor and Me , The William Lake Families have been residents of Newcastle since William Thomas Lake arrived here from England in the middle 1800's . He found a job and began pwchasing property. In the early 1900's the son of William Thomas, William Christmas Lake bought the farm Lot 25, Broken Front Con. William Christmas Lake farmed this property -until his death in 1938 : " At that time William Thomas Lake and his family who had been living with his parents, took over the farm.. William Thomas and his son William Albert farmed on Lakeshore Road and William Albert continues to farm and live on Lakeshore Road. William Christmas Lake was a member of the Masonic Lodge for many years as was his son William Thomas Lake. William Thomas served on the Newcastle School Board during the years that his six children were attending school. The Lake families have been lifelong members of St. George's Anglican Church. We would like you to consider renaming pari of the Lakeshore Road from the East end of Boulton St. to the south end of Stephenson Road to William Lake Road in honor of four generations of William Lakes. Yours Truly William Albert Lake and family. c;0 REVIEWED BY Original To: Za ❑ Coundl Direction ❑ GG Directi Direction ❑ Council, Information ❑ GG Intormatlon ❑ PD Information Copy To: O Mayor ❑ Members of ❑ Ward Councillors William Albert Lake Coundl 3663 Lakeshore Roa ❑CAC C3 Clarks C3 communications ❑ Community ❑ Corporate O Emergency Newcastle, Ontan services Services Services I rt n FmIneerina ❑ Finance to Legal T21 AX n ar 'z,-.;%~'.=��` • �.'`.�' ('-5.?l'��t`?�,' 3 any � 4�, 1,- N u0perations Nuplanning Services March 14, 2016 ❑ Other: Municipal Clerk's Fite Dear Mayor and Me , The William Lake Families have been residents of Newcastle since William Thomas Lake arrived here from England in the middle 1800's . He found a job and began pwchasing property. In the early 1900's the son of William Thomas, William Christmas Lake bought the farm Lot 25, Broken Front Con. William Christmas Lake farmed this property -until his death in 1938 : " At that time William Thomas Lake and his family who had been living with his parents, took over the farm.. William Thomas and his son William Albert farmed on Lakeshore Road and William Albert continues to farm and live on Lakeshore Road. William Christmas Lake was a member of the Masonic Lodge for many years as was his son William Thomas Lake. William Thomas served on the Newcastle School Board during the years that his six children were attending school. The Lake families have been lifelong members of St. George's Anglican Church. We would like you to consider renaming pari of the Lakeshore Road from the East end of Boulton St. to the south end of Stephenson Road to William Lake Road in honor of four generations of William Lakes. Yours Truly William Albert Lake and family. c;0 Clarington Legal Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: LGL -007-18 Resolution: PD -147-18 File Number: L2030-08-45 By-law Number: Report Subject: Pre -Construction Sale of Residential Real Estate - Update on Industry Consultation Recommendations: 1. That Report LGL -007-18 be received; and 2. That Staff be authorized to collaborate with the Building Industry and Land Development Association and the Durham Region Home Builders' Association and its members to develop and implement a new home purchasers' guide and a one-page information sheet to be provided to new home purchasers. Municipality of Clarington Report LGL -007-18 Page 2 Report Overview x An industry consultation meeting occurred on July 31, 2018. x The policy options contained in Report LGL -004-18 were canvassed at the meeting and input was obtained. x There is an industry preference for an awareness campaign. x There is industry opposition to a regulatory by-law. x The Report recommends implementation of a new home purchasers' guide and a one-page information sheet for distribution to new home purchasers. 1. Background 1.1 On June 25, 2018, the Planning and Development Committee was presented with Report LGL -004-18 entitled "Policy Options to Address the Pre -Construction Sale of Residential Real Estate". 1.2 A copy of Report LGL -004-18 is found at Attachment 1 of this Report. 1.3 At the same meeting, the Committee resolved to direct staff to consult with the development industry regarding the options presented in Report LGL -004-18 and to report to the September 10, 2018 meeting of the Committee with the results of the consultation. 2. Results of Industry Consultation 2.1 A consultation meeting was convened on July 31, 2018 at 40 Temperance Street. The home building industry was represented at the meeting by the following organizations: Building Industry and Land Development Association, Durham Region Home Builders' Association, Kaitlin Corporation, Delpark Homes, Far Sight Homes, Infinity Custom Homes, and Tribute Communities. 2.2 The list of meeting attendees is found at Attachment 2 to this Report. 2.3 The duration of the meeting was approximately 2 hours during which Staff canvassed the input of everyone present with respect to each of the policy options contained in Report LGL -004-18. 2.4 There was also an opportunity during the meeting for participants to raise their own questions and concerns, as well as to inform Staff about their sales practices and the realities and challenges faced by the industry. Meeting participants also provided helpful suggestions to compliment the policy options contained in Report LGL -004-18. 2.5 It emerged during the meeting that there was a broad consensus among the industry representatives about which policy options would be effective and which ones would be ineffective and/or problematic for the industry. Municipality of Clarington Page 3 Report LGL -007-18 2.6 There was a consensus at the meeting that purchasers of new homes need to be educated about the process of purchasing a home at the pre -construction phase, and need to be aware of the conditions contained in the agreements that they sign as purchasers. The industry representatives all indicated that they make every effort to educate their customers, but that they are also open to improving their customer communication. 2.7 Of the policy options presented, the industry representatives agreed that an awareness campaign would be the most effective method to achieve consumer protection. This approach is also preferred because of its minimal negative impact on the industry. 2.8 Meeting participants made several helpful suggestions about how to raise the awareness of purchasers about the home buying process. Many of these suggestions came out of their experiences in other municipalities. 2.9 Meeting participants suggested that a new home purchasers' guide should be produced and made available at the Municipality's customer service counter. The guide could also be made available at the sales offices of the various builders in our community. In a follow up to the meeting, BIL❑ has provided several examples of a purchaser's guide that have been produced by other municipalities in the Province. 2.19 Meeting participants also unanimously agreed to work with Municipal staff to develop a one-page information sheet that would be provided to all new customers that would prominently display messages about any required municipal approvals and other cautionary statements that need to be brought to the attention of home buyers. 2.11 One suggestion that was made during the meeting that was not included in the list of policy options in Report LGL -004-18 was that Council might potentially benefit from an information session during which industry representatives could make presentations about their sales practices and efforts to protect consumers. The agenda for the session could also include information about the Tarion New Home Warranty and the protections available to new home purchasers. If there are other topics that Council would be interested in hearing about, our industry representatives would be pleased to address those topics as well. 2.12 Throughout the consultation meeting there was a clear and unanimous opposition from the industry to the idea of the municipal regulation of the timing of commencement of real estate sales. Many concerns were raised about the prospect of a by-law to regulate this activity including the impact it would have on their financing arrangements, the red tape and potential delays that would be created by an additional layer of governmental regulation, and the increased cost both to the industry and to new home purchasers. 2.13 At the conclusion of the meeting, all participants committed to work with Municipal staff to develop the concept of a new home purchasers' guide for use in Clarington as well as to develop the content of a standardized one-page information sheet that would be distributed to all new home purchasers at the time they sign their purchase agreement. Municipality of Clarington Page 4 Report LGL -007-18 2.14 It is recommended that Staff be authorized to collaborate with the Building Industry and Land Development Association and the Durham Region Home Builders' Association and its members to develop and implement a new home purchasers' guide and a one- page information sheet to be provided to new home purchasers. 3. Concurrence This report has been reviewed by the Director of Planning Services who concurs with the recommendations. 4. Conclusion It is respectfully submitted that Staff should be authorized to continue to develop the ideas contained in this report with a view to implementation of its recommendations. 5. Strategic Plan Application Not applicable. Submitted by Robert Maciver, LL.B., MBA, CS, Municipal Solicitor Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Robert Maciver, LLA, MBA, CS, Municipal Solicitor, 905-623-3379 ext 2013 or rmaciver@clarington.net Attachment 1 — Report LGL -04-18 Attachment 2 — Attendees list List of interested parties to be notified of Council's decision is on file in the Legal Services Department. Municipality of Clarington Meeting with Home Building Industry on Pre -Sales Options July 31, 2018 Attendees: David Crome, Director of Planning Stacey Hawkins, DRHBA Rob Maciver, Municipal Solicitor Eddy Chan, Delpark Homes Carlo Pellarin, Mgr. Development Review Louise Foster, Tribute Communities Cynthia Strike, Principal Planner Karen Richardson, Manager of Dev. Eng Anne Taylor Scott, Senior Planner Enzo Bertucci, Kaitlin Corp. Devon Daniell, Kaitlin Corp. Bob Shickedanz, Far Sight Homes Paula Tenuta, VP Policy GovRelations, BILD Johnathan Schickedanz, DRHBA/Far Sight Homes Carmina Tupe, Policy GovRelations, BILD Emidio Dipalo, DRHBA / Infinity Custom Homes Denise Baker, WeirFoulds LLP for BILD Clarington Legal Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 25, 2018 Report Number: LGL -004-18 Resolution: File Number: L2030-08-45 By-law Number: Report Subject: Policy Options to Address the Pre -Construction Sale of Residential Real Estate Recommendations: That Report LGL -004-18 be received for information. Municipality of Clarington Report LGL -004-18 Page 2 Report Overview x This report provides various options for Council to consider in relation to consumer protection in the new housing industry. x liis report contains one set of options for Council to consider on the general topic of consumer protection for new home purchasers. x A second set of options is included to address the more specific topic of the prohibition of pre -construction sales through municipal regulation. x This report also contains a brief summary of the practices currently engaged in by Planning Services to discourage vendors from pre -mature sales practices. x Supplemental legal advice has been provided in a confidential legal memorandum circulated as a companion to this report. 1. Background 1.1 On May 14, 2018, Council directed staff to "report back to the Planning and Development Committee meeting of June 25, 2018 on various options to help protect consumers while purchasing their home and prevent builders from entering into reservation and sale agreements until all zoning approvals have been granted". 1.2 Council's direction to staff was in response to pre -sale activity by Kaitlin Corporation of its MODO Bowmanville Towns Ltd. project (the "MODO South Project"). It is undisputed that Kaitlin entered into agreements with some of its customers for the purchase of freehold townhouse units in the MODO South Project approximately two years prior to Council's first opportunity to consider approval of the necessary zoning by-law amendments. 1.3 There are two discrete issues embodied in the Council direction to staff. The first issue pertains to general options available to the Municipality to protect consumers of new homes. The second issue pertains to the legislative powers of the Municipality to prohibit the pre -construction sale of new homes in the absence of all of the required zoning approvals. 1.4 The first issue is addressed in Section 3 of this report. The second issue is addressed in Section 4 of this report and in a confidential legal memorandum circulated as a companion to this report. 2. Legal Context 2.1 Existing Provincial legislation does not dictate the precise timing of commencement of new home pre -sales. The only strict requirement appears to be that any pre - construction sale agreements that are entered into must be made expressly conditional on the attainment of all required Planning Act approvals. A pre -construction sale agreement that does not expressly include such a condition will not be legally enforceable. Municipality of Clarington Page 3 Report LGL -004-18 2.2 Purchasers that enter into conditional agreements need to be aware that in the event that such approvals do not materialize, their agreements are null and void. 2.3 However, vendors of new homes have a legal responsibility not to engage in unfair business practices. In particular, vendors must not make representations that they have obtained approvals for a housing project if in fact those approvals have not yet been obtained_ 3. Options to Protect Consumers Option #1: File Complaints with Tarion & Consumer Protection Ontario 3.1 Protection from unfair business practices in the new housing market is primarily available through the Tarion new home warranty program. The Tarion Warranty Corporation was created by the Province of Ontario specifically to protect the investment of new home purchasers. In particular, the Tarion warranty provides deposit insurance up to a legislated maximum amount. It is important to note that the Tarion warranty does not include coverage for "reservation payments" and purchasers should inquire at the time of payment of a deposit or any other amount whether their funds are eligible for Tarion warranty coverage. 3.2 In addition, the Ontario Ministry of Government and Consumer Services has created a program known as "Consumer Protection Ontario" with the specific purpose of investigating and in some cases prosecuting claims of unfair business practices. 3.3 Tarion and Consumer Protection Ontario are uniquely equipped to handle complaints and issues of consumer protection in the new housing market. 3.4 If Council is concerned that a vendor of new homes has taken advantage of a vulnerable consumer population, one available option is to request that one or both of the above-mentioned organizations conduct an investigation into the sales practices of the vendor. Option #2: Awareness Campaign 3.5 A further option available to the Municipality is to create an awareness campaign to educate consumers about some of the financial risks associated with pre -construction sales agreements. 3.5 The messaging for a campaign could include warnings about the frequent use of conditions in pre -construction sales agreements that entitle the vendor to cancel the project for lack of approvals or for lack of satisfactory construction financing. Municipality of Clarington Page 4 Report LGL -004-18 3.7 The messaging could also include advice to prospective purchasers about consulting a lawyer prior to paying any deposits, and about contacting Tarion about eligibility for deposit insurance. 3.8 The awareness campaign could also include the prominent display of a telephone contact at the Municipality that consumers can dial to inquire about the approval status of a particular development. 3.9 Appropriate media channels for an awareness campaign would include both print and online sources. 3.10 Corporate Communications has taken some preliminary steps to better publicize the risks involved with pre -construction sales agreements. Our staff in Corporate Communications are prepared to incorporate the direction of Council in the creation of a communications strategy. Option #3: Requirements for Advertising 3.11 Another approach to consider would be to regulate the advertising of pre -construction sales to underscore to consumers the need for municipal approvals. 3.12 For example, the Town of Whitby recently amended its Temporary Sign By-law to address the issue of pre -construction sales. The Whitby by-law now requires that any sign that advertises a development that is in the pre -approval stage must include the statement "development requires municipal planning approval" in prominent view. 3.13 If this approach is adopted in Clarington, it would be particularly useful that it apply to signage in the vicinity of new home sales offices. 3.14 Council may also wish to consider imposing a requirement for a similar warning statement to appear on brochures and other marketing materials that are distributed by vendors to their potential customers. Further consultation may be needed to work out the details of implementation. Option #4: Request Action by the Provincial Government 3.15 Council might ultimately conclude that the Province is in a better position to take the lead on issues of consumer protection in the new housing market. If it is Council's preference, it is open to the Municipality to submit a letter to the Ministry of Government and Consumer Services to request that they review the circumstances surrounding this report and implement any necessary reforms to the industry. 3.15 The City of Vaughan has recently taken this approach when it considered the impact to its residents of the cancellation of a high profile condominium high rise project within its municipal boundaries. Municipality of Clarington Page 5 Reoort LGL -004-18 4. Options to Prohibit Pre -Construction Sales Agreements 4.1 A confidential legal memorandum has been circulated as a companion to this section of the report. The memorandum contains additional legal advice related to the options below. Option #1: By-law Prohibition 4.2 Council may want to consider whether to invoke the legislative powers contained in the Municipal Act, 2001 to enact a by-law to regulate the use of pre -construction sales agreements. 4.3 Pursuant to such a by-law, Council could seek to prohibit the use of pre -construction sales agreements until such time as the required zoning permissions have been fully approved. 4.4 Such a by-law could provide for the creation of offences and a system of fines as a penalty for infractions of the by-law. 4.5 A system of fines may establish escalating fines for a second and subsequent convictions for the same offence. 4.5 The maximum fine that may be imposed by a municipal by-law is $100,000.00. Option #2: Conditions on Development Approval 4.7 Another approach would be to prohibit the use of pre -construction sales agreements through conditions inserted into development agreements. Such development agreements are frequently entered into at the earliest stages of the approval process before the proposal for individual lot arrangement has been submitted. 4.8 The Clarington Planning Department is already following this practice and has been doing so for many years. 4.9 Currently, it is regular practice for the Municipality to insert a condition in its subdivision agreements to require that no residential units be offered for sale to the public until such time as architectural control guidelines and the exterior architectural design of each building model has been approved by the Director of Planning Services_ 4.10 Planning staff also routinely caution subdivision applicants not to commence home sales until all issues affecting the number and configuration of units in the development has matured to the appropriate stage. 4.11 Despite best efforts, these conditions are sometimes overlooked or otherwise disobeyed by some applicants. Municipality of Clarington Page 6 Report LGL -004-18 4.12 These and similar conditions will continue to be inserted into development agreements at the early stages in the approval process, and the scope for modified conditions is currently under consideration by staff in the Planning Services Department. 5. Concurrence This report has the concurrence of the Director of Planning Services. 6. Conclusion This report contains various options to address the concerns raised by Council about consumer protection in the new home industry. Council may want to direct staff to undertake further research or action once a preferred approach has been selected. 7. Strategic Plan Application Not applicable. Submitted by: Robert Maciver, LL.B., MBA, CS Municipal Solicitor Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Robert Maciver, LL.B, MBA, CS, Municipal Solicitor, 905-623-3379 ext 2013 or rmaciver@clarington.net Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 4, 2018 Report Number: PSD -051-18 Resolution: PD -122-18 File Number: PLN 34.5.2.76 By-law Number: Report Subject: Amendment of Heritage Designating By-law - The Belmont House Recommendations: That Report PSD -051-18 be received; 2. That the recommendation of the Clarington Heritage Committee to amend the designating by-law of The Belmont House at 302 Given Road, Newcastle, under Part IV of the Ontario Heritage continue to be processed; 3. That the Clerk prepare the required notice to amend the designation pursuant to Section 30.1 (2) of the Ontario Heritage Act; 4. That depending on the response to the notice to amend the designation, the Clerk either prepare the necessary by-law or report back to Council regarding objection(s) received; and 5. That all interested parties listed in Report PSD -051-18 and any delegations be advised of Council's decision. S Municipality of Clarington Report PSD -051-18 Report Overview Page 2 The property at 302 Given Road, Newcastle (the Belmont House) is currently designated under Part IV of the Ontario Heritage Act by By-law 88-173 for its architectural and historical value. An amendment to the designating by-law is necessary to update the legal description for the Belmont House property resulting from a land division that severed the property from its larger original parcel. Additionally, the amendment will also revise the language and format of the designating by-law to meet the requirements introduced in the Ontario Heritage Act in 2005 and clarify the description of the property's heritage attributes. 1. Background 1.1 On November 7, 1988, Council approved designation By-law 88-173 (Attachment 1) for the property identified as 302 Given Road, Newcastle, under Part IV of the Ontario Heritage Act. The house is known as the Belmont House and is a distinctive example of Georgian architecture with Edwardian details. It was originally built in 1814 and, after a fire destroyed the home, was rebuilt in 1898 in an almost identical style to the original house on the same foundation. It was the home of Major Samuel Street Wilmot, and his son, Samuel Wilmot who established the Newcastle Fish Hatchery along Wilmot Creek to the west of the home after conducting fish breeding experiments in the home's basement. This is believed to be the first fish hatchery in Canada. Additional information on the history of the property is outlined in Attachment 4. 1.2 In 2005, the Ontario Heritage Act was amended to include, among other provisions, the requirement that designation by-laws be written to include a statement explaining the cultural heritage value or interest of the property and a description of the specific heritage attributes of the property. Designation by-laws passed prior to 2005, as is the case with Designation By-law 88-173, often described heritage attributes more generally and a statement of cultural heritage value or interest was not specifically required. 1.3 In 2016, the owner of the Belmont House applied to the Land Division Committee to sever a 0.66 hectare parcel containing the Belmont House from the existing 5 hectare lot. This application was made in anticipation that the retained lands would be used for the future Foster North West residential subdivision. The severance was cleared in early 2017 and the severed lot was registered with a new legal description. Reference plan 40R-28940 showing the severed lot (Part 1) is included as Attachment 3. 1.4 Designation By-law 88-173 should be amended to include the new legal description of the severed lot containing the Belmont House. This also provides the opportunity to further revise the by-law to ensure it is consistent with the 2005 update to the Ontario Heritage Act and to clarify the description of the property's heritage attributes. At its January 16, 2018 meeting, the Clarington Heritage Committee recommended amending Designation By-law 88-173 in this manner while having regard to the description of the heritage attributes identified in the Heritage Impact Assessment that was submitted as part of the Land Division application. Municipality of Clarington Report PSD -051-18 Page 3 2. Ontario Heritage Act 2.1 The Ontario Heritage Act outlines the process for the designation of individual properties under Part IV, Section 29. Amendments to a designating by-law are outlined in Section 30.1 which stipulates that the same process under Section 29 applies for amending a designating by-law. The Act provides some flexibility in Section 30.1(2) by allowing municipal Council to follow a circumscribed notice process when the purpose of an amendment is to clarify or correct the description of the property's heritage attributes, to correct the legal description of the property or to revise the language of the by-law to make it consistent with the requirements of the Act or the regulations. 2.2 Under the circumscribed process, a notice of the proposed amendment is only served on the property owner and the owner is the only party able to file an objection to the proposed amendment. Council is still required to consult with the Heritage Committee and the owner retains the ability to object to the proposed amendment within 30 days of receiving notice of the proposed amendment. 2.3 Staff have consulted with the Municipal Solicitor who has concurred that the proposed amendment appears to meet the requirements for amending a designation by-law using the circumscribed amendment process of Section 30.1(2) of the Act. Attachment 2 is the proposed designation by-law which would replace the existing by-law. 2.4 Section 31.1(10) of the Ontario Heritage Act, 2005 specifies that when old designation by-laws are updated, they must conform to the updated Act. 3. Discussion 3.1 A Heritage Impact Assessment (HIA) submitted as part of the Land Division application. The HIA was completed in 2014 by Golder & Associates and contains the most recent assessment of the existing condition of the Belmont House and a description of the property's heritage attributes. 3.2 The HIA describes many heritage attributes of the Belmont House in more detail than the existing Designation By-law 88-173. The HIA identifies the three bay symmetry on the south fagade, the original foundation, wooden dentils and brackets on the cornice, the bay windows and wood sash windows. The inclusion of these heritage attributes in the proposed amendment to the designation by-law will add clarity to the by-law by providing a more complete and accurate description of the property's existing heritage attributes. 3.3 Subsequent to the original designation by-law, changes to the Provincial Policy Statement 2014 and the Ontario Heritage Act, 2005 resulted in provisions to include a heritage property's context and natural setting as contributing features. The original designation by-law does not list the rural context or landscape features of the Belmont House, the HIA identifies the property's proximity to the creek and existing landscape elements such as the mature trees and the curved driveway in the front yard as contributing heritage attributes. These landscape features exist as a surviving link to the Belmont's heritage as a rural farmhouse. Municipality of Clarington Report PSD -051-18 Page 4 3.4 Designation By-law 88-173 included the slate roof and pillared verandahs with railed balconies as having architectural value. The slate roof has since been replaced with a synthetic roof and the railed balconies on top of the verandahs have been removed. The amended by-law description of the heritage attributes will exclude these altered features. 3.5 The owner of the Belmont House property has been consulted on the proposed amendment to the designating by-law. 4. Concurrence The Municipal Solicitor concurs with the recommendations in this report. 5. Conclusion 5.1 The Clarington Heritage Committee and staff are in support of the proposed amendment to the designation by-law of 302 Given Road, the Belmont House. 5.2 Should no objections be received by the Municipal Clerk within 30 days of providing the written Notice of Intention to the property owner, the proposed designation by-law will be forwarded to Council for approval. Alternatively if any objections are received, the Clerk will provide a report to Council. 6. Strategic Plan Application The recommendations contained in this report conform to Section 3 of the Strategic Plan to manage growth and maintain our "small town" feel. Municipality of Clarington Report PSD -051-18 Submitted by: David Crome, MCIP, RPP, Director of Planning Services Page 5 Reviewed by: / f Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: David Addington, Planner II, Special Projects, 905-623-3379 extension 2419 or daddington@clarington.net Attachments: Attachment 1 - Designation By-law 88-173 Attachment 2 - Proposed amended designation by-law (includes Schedules A & B) Attachment 3 — Reference Plan 40R-28940 Attachment 4 — 302 Given Road — Property History The following is a list of interested parties to be notified of Council's decision: Hannu Halminen Clarington Heritage Committee c/o Dave Addington Ontario Heritage Trust FL/DA/tg I:\ADepartment\LDO NEW FILING SYSTEM\PLN Files\PLN 34 Heritage (All Files)\PLN 34.5.2.76 302 Given Road, The Belmont\Staff Report\PSD-051-18.Dou '111r, CY)ftl?01Wr1C N OF 'ttlr. T WI,I OF NLVMTlR ��Ri �� COPY ICY -LAW 89-173 i x' wiq a by-law to cl s:Lgnatt. the property i•:nLmi municipally as " 7"ho Be.l=nt" located in Part, of Lot 32, C.:onoession 2, forger 'itixatship of Clarke, zvjw .in the Town of t�icwcast.le, Rarjional Paiicipality of Durham ..i:, a property of architectural and historical value and interest- designated as Part 3, Plan 1OR-2308 .; 1. 'There is clesiLalated as being of Architectural and Historical value of int,e7rest, the mal property knamm municipally as "nie Belmont", Part Cf -_,ss •• t,csi" 32, tXrnwsa:ian 2, former '1t)v.n..hip of Clarke, naw in the Zbwn of Newcastle in uie iiegional Municipality of Durham. 2. 'The: Municipal SL-licitor is here-py authorized to cause a copy of this by -slaw to be registered against. the property described • in the preoeeding paragraph, in the prraper land registry office. WftRWAS the Cntar-i.o deritage Act, 1974 authorizes the Council of a ainicipality to enact by-laws to designate real property including all the s buildings and struc.ttwnes thereon to Lxz of architectural and historical interest; mid KX- AS the (buxci 1 of the Cbxporation of the Town of Newcastle has caused to be served i4xm they owner of the lands and premises known as "The Belmont" ` located in tart. 03= Inst 32, (bnoession 2, ,former 7.bamship of Clarice, now in. the Tbwn of Newca.-.30e and upon the Uit:ario Heritage Fbundativn, Notice of Intention to be p�:-z:�lid in the Canadian Statesman, a newspaper having a general cizctilatic..-� in the area of cls desingation� once each week for three - conseCutivn weeks ; . •nk.ly September 28, October 5 and Occtober 12,-1988;. and { W1[Effi..Ag "'lyre Liohront" in Part of wt 32, Concession 2, former T:rw%hip of Clarke has a very significant architectural value of .interest to the Town of New-astle and its people in that the cellar with its several large rooms separated by brick arches was bailt by Major S.S. Wilma circa 1814 and contains the sprang where his son, S.tnwtel Wilmot, the rather of Canadian Fish Culture began hie e)q)eriments in the 186Os. it was under his guidance that the first fish hatchery in Canada was b4ilt on the property, the spot now marked by an s- historical plaque erected in 1967. .Following a fire in 1898, the house was °} mconst:.ructe d ou the foundation. It is essentially ft saw as the original and is rep�esenviti\r,- of the larger- brick homes built at the time. 7n particular, the c.*-ilar spring which still supplies the house with water, the ?;late roof, two pi.l l xred verandahs with railed balconies above, the main ... stair of cherry, the fireplaces and mantels, and most of the original wcx7dtrian -are behig specifically designated as being of Architectural valvK,; and _ WF1Lt1L'AS the Locale Architectural (bnservation Advisory aurtdttee of the Town of Neveastle has recamrnded that the pmPerty "fire Belmont", Part of IAt 32, {.,.. tbncession 2, formej: T wnship of Clarke be designated under the texms' of the Ontario Heritage !'fit; arra Mf ;WAS no notice of objection to the proposed designation has bow sexed upon the Clerk of rhe Municipality; and NOW `!til l I RL•' TiD OCt NCTL OF THE C),RP RATiCk1 Q!+' `iii] TOM OF I�t4CA5� H :3y k11(A ITS AS FOLLOM5: .; 1. 'There is clesiLalated as being of Architectural and Historical value of int,e7rest, the mal property knamm municipally as "nie Belmont", Part Cf -_,ss •• t,csi" 32, tXrnwsa:ian 2, former '1t)v.n..hip of Clarke, naw in the Zbwn of Newcastle in uie iiegional Municipality of Durham. 2. 'The: Municipal SL-licitor is here-py authorized to cause a copy of this by -slaw to be registered against. the property described • in the preoeeding paragraph, in the prraper land registry office. Sy -law 88--173 2- 3. The Town Clerk is hereby authorized to' cause a appy of this by-law to be served upon the owners of the aforesaid property and on the Cntario Heritage Pbundation, and. to cause notice of the passing of this by-law to be published in the Canadian St,atesmn, a newspaper having general circulation in the area of the designation, once each week for three cm=-citive w3eks. By-law read a first and second time this 7th day of November, , 1988 Ok Y. By-law read a third t and finally passed this 7th day of Ni.'' 19$8. . ,. X ' ' � •�� X97 � ' k' M1 • H•. •i •S c , • r i X �a Municipality of Clarington Attachment to Report PSD -051-18 The Corporation of the Municipality of Clarington By -Law No. 2018-xxx being a by-law to amend designating by-law 88-173 for the property known for municipal purposes as 302 Given Road, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 Whereas the Ontario Heritage Act, R.S.O., 1990, c.0.18 authorizes the Council of the Municipality to enact by-laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; And Whereas the Municipality of Clarington designated the property, 302 Given Road, under the Ontario Heritage Act in 1988 by Designating By-law 88-173; And Whereas the Council of the Municipality of Clarington deems it desirable to amend by-law 88-173; And Whereas the Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes as 302 Given Road, Municipality of Clarington, Notice of Proposed Amendment; And Whereas the reasons for the proposed amendment to Designation By-law 88- 173 are to correct the legal description of the property, to revise the language of the by- law to make it consistent with the requirements of the Ontario Heritage Act and to clarify the description of the property's heritage attributes; And Whereas the Clarington Heritage Committee has recommended that the proposed amendment be approved in accordance with the Ontario Heritage Act; And Whereas no notice of objection to the proposed designation was served upon the Municipal Clerk within the period prescribed by the Ontario Heritage Act; Municipality of Clarington Attachment 2 to Report PSD -051-18 Now therefore the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Section 1 of By-law 88-173 is repealed and replaced with the following: "The property known for municipal purposes as 302 Given Road which is more particularly described in Schedule "A", is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R.S.O. 1990, c.,0.18, for the reasons provided in Schedule "B"." 2. By-law 88-173 is further amended by appending to it Schedules "A" and "B" attached to this By-law. 3. By-law 88-173 is repealed from Part Lot 32, Con 2 (Clarke), Part 2 on 40R-28940, Municipality of Clarington, Regional Municipality of Durham as it does not apply to these lands. By-law passed in open session this _th day of 2018 C. Anne Greentree, Municipal Clerk Adrian Foster, Mayor Municipality of Clarington SCHEDULE "A" — LEGAL DESCRIPTION Attachment 2 to Report PSD -051-18 Pt Lot 32, Con 2 (Clarke), Being Part 1 on 40R-28940, Municipality of Clarington, Regional Municipality of Durham Attachment 2 to Municipality of Clarington Report PSD -051-18 SCHEDULE "B" - CULTURAL HERITAGE VALUE OR INTEREST OF THE PROPERTY AND A DESCRIPTION OF THE HERITAGE ATTRIBUTES Description of Property 302 Given Road, "The Belmont", is a two storey brick farm house, located on the north side of Given Road in Newcastle, built in the Georgian style, with Edwardian Classicism elements and details. Statement of Cultural Heritage Value or Interest The property's physical cultural heritage value lies in it being an excellent example of a vernacular farmhouse in former Clarke Township in the late nineteenth century. The building is constructed in the Georgian style with Edwardian Classicism elements and details. The current house was reconstructed in the late 1890's on the original foundation after the original house, circa 1814, was destroyed by fire in 1898. The current house has many of the elements of the original Georgian style house but includes Edwardian elements not believed to be featured on the original house. The original house was clapboard the second house is brick. The property's cultural heritage value lies in its association with Samuel Street Wilmot, his son Samuel Wilmot and the Newcastle Fish Hatchery, the first fish hatchery in Canada. Samuel Wilmot was a Deputy Surveyor in Upper Canada and served as a Major during the Battle of York in 1813 and built the first Belmont residence following the War of 1812. Samuel Wilmot, regarded as the Father of Canadian Fish Aqua- Culture, resided at The Belmont and conducted experiments with breeding techniques in the cellar of The Belmont in the early 1860's which led to the eventual establishment of the Newcastle Fish Hatchery. The property's contextual cultural heritage value lies in its location and proximity to Wilmot Creek, where Samuel Wilmot established the Newcastle Fish Hatchery. The creek is located to the south and west of the Belmont property and was the source of the water that feeds the cellar spring of the Belmont residence. The visual and spatial association between the former Newcastle Fish Hatchery and Wilmot Creek and The Belmont is significant to maintaining the local history of Samuel Wilmot and the Newcastle Fish Hatchery. Description of Heritage Attributes Key attributes of the property that reflect its values as an example of a vernacular farmhouse in former Clarke Township in the late nineteenth century include: Exterior: - The three bay symmetry on the south fagade; Municipality of Clarington x The original foundation; x Pillared verandas on the south and east facades; x Wooden dentils and brackets on cornice; x Bay windows in front parlour rooms; x Wood -sash windows; and x The mature trees in the front yard x Curved carriageway that arrives at the main entrance. Interior: x The cellar spring; x Fireplaces and mantels; x The centre hall plan x The main staircase made of cherry wood; x The original wood trim; and x Bricked arches in the cellar. Attachment 2 to Report PSD -051-18 Municipality of Clarington r$ � Y X I 3 N015530NOD I I I y I t ---------------- � I f Ilk i� i Attachment 3 to Report PSD -051-18 k 0R Yfi' S i 3J II �+Yiy If I141��} ! I yl4i k I I i 3J II Attachment 4 to Municipality of Clarington Report PSD -051-18 302 Given Road (The Belmont House) The Belmont House was originally built in 1814 by Major Samuel Street Wilmot. The house was located on a large farm parcel just to the east of Wilmot Creek and west of Newcastle Village. Historic depictions indicate that the house was two and a half storeys tall and built of frame construction with wood siding in the Georgian style. The original house was destroyed by fire in the 1890's. The Belmont House was then rebuilt in 1898 using the same foundation and with similar massing and form as the original by Major S.S. Wilmot's youngest son, Samuel Wilmot. The second Belmont House was built in the Georgian style with Edwardian features with a low-pitched, hipped roof. It has a red brick construction with a centered roof pediment, pillared porch, symmetrical bay windows and dentils along the cornice. Major S.S. Wilmot was the deputy surveyor of Upper Canada and while in this role he surveyed Clarke and Darlington townships as well as the road from Kingston to Toronto. He also served as a member of the House of Assembly and when the War of 1812 erupted, he served in the rank of a Major at the Battle of York in 1813. After the war he purchased 400 acres of property in Clarke Township including the farm property where the Belmont House sits today. Major S.S. Wilmot died in 1856 leaving the Belmont property to Samuel Wilmot. Attachment 4 to Municipality of Clarington Report PSD -051-18 Samuel Wilmot was an active local magistrate for upwards of 30 years and also occupied several important positions as a municipal councillor, having been elected warden of the United Counties of Northumberland and Durham and Reeve of Clarke (being elected several years in succession by acclamation). However, he is best known as the father of modern fish aquaculture as he established the first fish hatchery in Canada along the banks of Wilmot Creek in the 1860's. Salmon were common in the Great Lakes and used to spawn in the mouth of the Wilmot Creek prior to European settlement. The Mississauga First Nations were known to have frequented the area for centuries to hunt and fish at Lake Ontario and at Wilmot Creek just south of the area of Wilmot's hatchery. They amassed knowledge of the spawning habits of the salmon which was undoubtedly used to ensure their food supplies over the winter. When European settlers arrived around the late 1700's, the substantial increase in fishing led to conflicts with the First Nations in the area over the increasingly scarce salmon resource. A local farmer in the area collected Indigenous artifacts such as arrowheads, skinning tools and pottery from land immediately to the south of the Belmont property demonstrating the historical presence of the Mississauga First Nations in the area. After settlement, ongoing overfishing and the construction of dams altered the natural state of the creek to the point where salmon stopped spawning in the creek in the early 19t" century. The collapse of salmon spawning in the creek's watershed motivated Samuel Wilmot to build an experimental hatchery using spring water piped in to the cellar of the Belmont House to simulate actual stream conditions. The concept was to restock the stream. The success of the experiments led Wilmot to move the operation outside to the banks of the creek where he built a small reception house structure in which salmon were intercepted in their run up the creek by a small weir and kept there until they were ready for spawning. Several nurseries and retaining ponds were created along Wilmot Creek as part of the fish breeding operation. The government provided funding to expand the operation and the Newcastle Fish Hatchery was established in 1868. The hatchery reached its maximum production in 1876 when 1.5 million eggs were hatched. Wilmot was appointed as the Superintendent of Fish Culture in Canada in the same year. In this position, Wilmot established a network of hatcheries across Canada. The Newcastle hatchery ceased operations and closed in 1914 after it was acknowledged that restocking did not increase fish populations as was hoped. By 1877 Wilmot had welcomed visitors to the landscaped hatchery grounds and also established a natural history museum on the top floor of the reception house — the very first museum in the area. This museum housed a collection of exotic specimens of fish and other animals including a 280 lbs sturgeon, a 600 pound tuna and a 10 foot long Greenland shark. The reception house and museum were removed at an unknown date. There was also a grist mill on the property located near to where the reception house was located. The mill produced hydro -electricity for the village of Newcastle in the early 20th Municipality of Clarington Attachment 4 to Report PSD -051-18 century from 8 a.m. until 5 p.m. after which coal oil lamps and candles were used. The mill was dismantled sometime around the 1940's with the boards and beams being stored in a barn on the property and the granite mill stones adorning the front lawn of the property for over 50 years. The barn was has since been removed from the property. The property was owned by the Wilmot family until the 1930's. The property was purchased in 1938 by Frederick Graham and his family which included his son and daughter-in-law, Alfred and Lena Graham. Alfred Graham was involved in local politics and served as the youngest Reeve in the area. The Graham family maintained the property to a high standard and it was a popular spot for people to visit for picnics before being sold in the 1980's. After this date, the size of the property decreased as a result of various projects including the Highway 115/35 interchange which bisected the property and the Highway 2/115 interchange. Clarbgton Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: File Numbers PSD -071-18 S -C 2005-0002, ZBA 2018-0009 Resolution: By-law Number: Report Subject: An Application by Farsight Investments Limited and Savannah Land Corporation to amend a Draft Approved Plan of Subdivision and Rezonina by addina lands into the draft clan Recommendations: That Report PSD -071-18 be received; 2. That the application to amend Draft Approved Plan of Subdivision submitted by Farsight Investments Limited and Savannah Land Corporation by adding lands into the draft plan and changing the configuration of the park, stormwater management pond and roads to permit 69 additional residential units be supported subject to conditions as contained in Attachment 1 of Report PSD -071-18; 3. That the Zoning By-law Amendment application Farsight Investments Limited and Savannah Land Corporation be approved as contained in Attachment 3 of Report PSD - 071 -18; 4. That once all conditions as contained in the Clarington Official Plan and the Zoning By- law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved by By-law; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -071-18 and Council's decision; and 6. That all interested parties listed in Report PSD -071-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -071-18 Report Overview Page 2 This report is recommending approval of a proposed amendment to Draft Approved Plan of Subdivision and an application for Zoning By-law Amendment, submitted by Farsight Investments Limited and Savannah Land Corporation. The proposed change would add 0.64 hectares of land to the draft approved plan of subdivision and changes the size and configuration of the park, stormwater management pond and roads to permit 69 additional residential units. As conditions of approval of the amendment to draft approval and rezoning the Municipality will acquire approximately 13.7 hectares of additional open space in the Soper Creek valley, which is currently owned by the Savannah Land Corporation (Bowmanville Zoo). The acquisition of these lands has great public benefit to the residents of the Municipality. It will allow for additional active and passive lands which will allow a connection of trails through the Soper Valley system. 1. Application Details 1.1 Owner/Applicant: Farsight Investments Limited Savannah Land Corporation 1.2 Agent: Bryce Jordan, GHD 1.3 Proposal: Amendment to Draft Approved Plan S -C 2005-002 i) To add 0.64 hectares of lands from Savannah Land Corporation to the draft approved plan; ii) To reconfigure the park and stormwater management pond and change the road pattern in the southern portion of the plan; iii) To provide for future parkland and open space within the lands shown as Other Lands Owned by Savannah Land Corporation; and iv) To add an additional 71 residential units consisting of 38 single detached dwellings and 33 street townhouse units throughout the approved draft plan of subdivision. Amendment to Zoning By-law ZBA2018-0009 i) To implement the proposed amendments to the Draft Approved Plan of Subdivision noted above; and ii) To establish a setback from a visibility triangle on corner lots 1.4 Area: 46.96 hectares 1.5 Location: North of Durham Highway 2 between Mearns Avenue and Lambs Road, and south of Concession Street in Bowmanville (Figure 1.) 1.6 Gross Density: 51 jobs and persons per gross developable hectare Municipality of Clarington Report PSD -071-18 1.7 Roll Numbers: 18-17-010-010-08200, 18-17-010-010-08210, 18-17-020-060-13500 1.8 Within Built Boundary: Yes _ _ 6 10OWNHAM D LETCHER DR 4 Open Space z w � w K �? Other Lands Owned By Savannah Land Corp 7��z s n a z Park Park I11111� x/1111111= SWM Pond k!Ivn szR��Tsgsr Y 0.64 ha owned by Savannah Lands Corp to be added to draft approved plan SC 2005-002 Open Space Page 3 -CONCESSION STREET EAST Medium Townhouse Block /V j Single Detached Dwellings Limits of Draft Approved Plan SC 2005-002 ', .Y Street Townhouses Medium Townhouse Block Retained By Owner ZBA 2018-0009 SC 2005 002 Figure 1: Subject Site Municipality of Clarington Report PSD -071-18 Page 4 2. Background 2.1 In September 2010, Farsight Investments Limited received Draft Approval for a 541 unit residential plan of subdivision. The draft plan consisted of 273 single detached units, five blocks for 29 street townhouse units, 2 blocks for 239 block -townhouse units; open space blocks, which includes the lands associated with the main branch of the Soper Creek as well as a tributary to the Soper Creek, a stormwater management block and two park blocks. 2.2 Final Approval for the first phase of the plan was not possible due to sanitary sewer capacity constraints at the Port Darlington Water Pollution Control plant. As a result Farsight received an extension to Draft Approval in 2015. Draft approval was extended for Phase 1 to November 27, 2018, and no later than November 27, 2022 for any subsequent phase. 2.3 In 2016, a further amendment was approved which related to trails, pedestrian connectivity and plan implementation. The timeframe for registration of Phase 1 or subsequent phases was not changed. 2.4 On March 9, 2018, Farsight Investments submitted an application for rezoning to establish a setback from the visibility triangle on corner lots within the Draft Approved Plan of Subdivision. Subsequently, Farsight Investments together with Savannah Land Corporation submitted an application to amend draft approved plan S -C 2005-002 to incorporate a 0.64 hectare (1.16 acre) of land, outlined in red on Figure 1 into the Draft Plan. Savannah Land Corporation owns the lands on which the Bowmanville Zoo was situated. The majority of Savannah's lands are in the floodplain with the exception of 0.64 hectares adjacent to Farsight's lands. Acquiring these lands will allow relocation of a portion of the park block and stormwater management pond on these lands. This has the effect of changing their size and configuration. It also changes the road pattern in the southern portion of the plan. Farsight has also taken this opportunity to change the unit type and count in other portions of the plan resulting in a total increase of 71 units over the entire draft plan. 2.5 The redevelopment potential of the Bowmanville Zoo lands is extremely limited because of its location in the floodplain. Farsight Investments as the adjoining land owner has the best opportunity to service and develop the 0.64 portion of the former Bowmanville Zoo lands not in the floodplain. Through a negotiated agreement between Savannah Land Corporation and Farsight Investments, a separate agreement has been entered into between Savannah and the Municipality so that 13.7 hectares or 34 acres of the zoo's lands will be dedicated to the Municipality to allow for the development of a soccer field adjacent to the park and recreational trails. The existing mobile home park, Barley Mill building and the single detached residence on the site will be retained by Savannah. (See Figure 2.) The 13.7 hectare lands will be transferred to the Municipality without buildings and in a clean, Record of Site Condition compliant condition. Municipality of Clarington Report PSD -071-18 1, r " }r 37 Page 5 VaI1eyland to be transferred to the MO . ` 13,7 hectares (34 acres) } Ar ' 2 .. Mobile Horne Park Nk Storm ~Nate r Pond and Park ff= Residence E�tan�Ret�iU��mrrrereiel - Establishment OVG�_. Driveway y Easement - Asp; - Figure 2: Valleyland to be transferred to the Municipality of Clarington Municipality of Clarington Report PSD -071-18 3. Land Characteristics and Surrounding Uses Page 6 3.1 The lands subject to Draft Approval have been graded and some trees removed in anticipation of site servicing. The 0.64 hectare parcel owned by Savannah Land Corporation is outside of the Soper Creek floodplain and currently supports three buildings, two barns and a building that was used as an auditorium by the Bowmanville Zoo (See Figure 3.) 3.2 The surrounding uses are as follows: North - Concession Road 3 and future residential lands as part of Lamb's Road School Development (Jury Lands) South - Rural residential lots, a used car dealership, and a veterinary clinic East - Rural Residential, cultivated fields and horticultural operation West - Open Space associated with Soper Creek, various buildings related to the former Bowmanville Zoo and a trailer park C OEVELOPMENT PROPOSAL _ _. _ APPYfanIS: rt SIpM Iny¢stme..... & -01 npa [o,yeretln�� Skn bpsWrt, ort�west [or odshoaa, north OfOuMana 1 a�eh—ar 2 a�a snotty at o ,psson Road 3, 9nwmamnlle proposal: Y.� . � � eni taeyeh apmo w Tenn — .� � rt.eee wu �ramen?psBUWe( d6ji Figure 3: Farsight lands looking west with barns in the background Municipality of Clarington Report PSD -071-18 Page 7 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Planning authorities are encouraged to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. The subject applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.2 The subject lands are within the defined Built Boundary. Population and employment growth will be accommodated by directing a significant portion of new growth to the built up areas through intensification and efficient use of existing services and infrastructure. The development of complete communities is encouraged by promoting a diverse mixof land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit -supportive and pedestrian -friendly developments will be concentrated along existing and future transit routes. The Growth Plan establishes minimum targets for residential development occurring annuallywithin each upper tier municipality to be within the built up area. The subject applications are consistent with the Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands designated Living Area permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development conforms with the Durham Region Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the lands as Urban Residential and Environmental Protection Area. The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure and types. Neighbourhoods are to be walkable, compact, connected and create a high quality public realm. The lands associated with the Soper Creek valleylands and the 0.64 hectares being added into the draft plan are designated Environmental Protection. The Natural Environment policies require a minimum 15 metres setback from natural heritage features including watercourses and valleyland. The 0.64 hectares are outside of the Soper Creek floodplain, contain multiple buildings and do not have any significant natural heritage features. These lands are interpreted to be designated urban residential. An Environmental Impact Study (EIS) is required for the lands being added Municipality of Clarington Report PSD -071-18 Page 8 to the draft plan to determine the development limits, and define the limits of the park and stormwater management pond locations. 5.3 The lands adjacent to Lambs Road and Concession Street are identified as a Local Corridor which are to have a variety of medium density development. A medium density block is located at the north and south ends of the draft plan of subdivision. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands as Environmental Protection (EP), and various other urban residential zones for single detached dwellings, street townhouses and block townhouses. An application for rezoning has been submitted. 7. Supporting Documentation Phase One Environmental Site Assessment (ESA), PGL Environmental Consultants, March 2018 7.1 This report was prepared for the entire land parcel owned by Savannah and based on observations, information collection and present land use. The site was a former orchard, and a former gas station was located abutting King Street on the property which is now a parking lot, and as such PGL is recommending a Phase 2 ESA be undertaken. Functional Servicing Report Addendum, GHD, July 2018 7.2 The updated Functional Servicing Report confirms that the sanitary sewer system and the water supply system can accommodate the proposed addition to the existing approved development once the services are extended. Similarly, the stormwater management pond has been sized to accommodate the additional lands and the storm sewers will be sized accordingly. Scoped Environmental Impact Study (EIS), Niblett Environmental Associates, August 2018 7.3 An EIS was originally undertaken when the application was submitted in 2005. A scoped EIS was undertaken to assess the impacts on Natural Heritage Features for the zoo lands, as well as for the stormwater management pond and outfall. The development of the property (soccer field, parking lot, stormwater management pond and servicing corridor) will not have a significant impact on the Natural Heritage System or the Soper Creek provided the mitigation measures and recommendation of the report are implemented. A butter -nut tree was identified on the zoo lands near the trailer park and must be preserved. Municipality of Clarington Report PSD -071-18 Page 9 Tree Inventory and Assessment Report, Schollen & Company Inc., June 27, 2018 7.4 This report assessed the trees specifically in the vicinity of the proposed park and soccer field. Approximately, 50 trees were assessed; Silver Maple, Norway Maple and Spruce, 42 of which were in good condition. The report made recommendations for preservation of trees and the mitigation of potential impacts that could arise during the construction period. Traffic Impact Study, GHD, June 2018 7.5 The report concludes that under the future traffic forecast (2031) the traffic generated by the proposed development can be accommodated by the abutting road system. Recommended improvements include traffic signals and east bound and westbound left turn lanes at the intersection of Highway 2 and Lambs Road. Traffic generated by the proposed development does not have a significant adverse impact on the abutting intersections. No other road improvements are triggered by the proposed development. Northeastern Archaeological Associates, August 2018 7.6 The archaeological assessment did not result in the discovery of any material of archaeological interest. 8. Public Submissions 8.1 One resident residing on Barley Mill Crescent expressed concern with the increased traffic and speed on Mearns Avenue, Concession Road 3, King Street and Liberty Street. Stop signs and crosswalks need to be installed in the area. He is concerned with the number of coyotes in the valley, and asked what will happen to the Savannah Lands. 8.2 One resident residing on Barley Mill Crescent requested that the fencing between the Barley Mill Park, owned by the Municipality and the former Bowmanville Zoo lands be removed so that people could have access to Soper Creek. This individual also requested the lands owned by Savannah Land Corporation be donated to or purchased by the Conservation Authority. 8.3 One resident residing on Lambs Road is concerned with dust and the impact of the development on his horticultural operation. 8.4 One resident on Soper Creek Drive is concerned with the reduced size of the park, pedestrian connectivity through the park and valleylands. 8.5 The Pastor from The Seventh Day Adventist church would like access to municipal water and sewer lines as well as fibre-optic internet lines on Lambs Road past the church with the possibility of connecting to them. Municipality of Clarington Report PSD -071-18 Page 10 8.6 One resident voiced concerns that the amount of parkland dedication does not seem enough given the number of people that will live in the subdivision. 9. Agency Comments Region of Durham 9.1 The Regional Municipality of Durham stated that the Environmental Site Assessment Study prepared by PGL (March 2018) was prepared for due diligence and is not consistent with the Region's Council adopted Site Contamination Protocol and consistent with O.Reg. 153/04. The applicant will be required to provide a Phase 1 ESA consistent with the Region's policies as a condition of draft approval. 9.2 Regional Works identified that sanitary and water services are available to accommodate these proposed lots. The development does not present any significant Regional transportation or transit impacts. 9.3 The Region's conditions are included in the proposed Conditions of Draft Approval included as Attachment 1. Central Lakes Ontario Conservation Authority 9.4 The Central Lake Ontario Conservation Authority does not object to the inclusion of the 0.64 hectares owned by Savanah into the draft approved plan. CLOCA is requesting that Block 314 be "frozen" until such time detailed design of the stormwater management pond is reviewed and approved. Based on the reports submitted in support of the amendment CLOCA is satisfied in principle with the location of the soccer field. The proposed soccer field requires filling in the regulatory flood plain and will require a cut and fill analysis to the satisfaction of the Conservation Authority. 9.5 The Conservation Authority is satisfied with Environmental Impact Study, and requires the applicant to carry out the recommendations in the study. A Landscaping Plan is required for the stream bank, the setback from the valley and natural areas as well as the stormwater management pond and outfall. 9.6 Compensation Plan and Restoration Plan are required for removal of any vegetation as a result of the development. A Transplant Plan is required for the Regionally rare Geranium maculatum. 9.7 The Conservation Authority's conditions are included in the proposed Conditions of Draft Approval included as Attachment 1. Enbridge Gas 9.8 Enbridge Gas has offered no objection. Municipality of Clarington Report PSD -071-18 Page 11 10. Departmental Comments Engineering Services 10.1 The Engineering Department has no objection to the amendment to Draft Approval and rezoning as proposed. An Addendum to the Functional Servicing Report was submitted and is acceptable. The Traffic Impact Study has been updated and meets the Municipality's requirements. The On -Site Parking Plan has been submitted and requires minor revisions but overall is acceptable. A Park Concept Plan has been submitted by the applicant which is generally deemed satisfactory. Further details will be required at the Detailed Design Stage of the subdivision. Emergency and Fire Services 10.2 Emergency and Fire Services have offered no objection to the proposed amendment to draft approval and rezoning. 11. Discussion 11.1 Farsight filed an Official Plan Amendment, draft plan of subdivision and rezoning in 2005. The draft plan went through various changes before finally receiving draft approval in 2010. At the time, the owner of the Bowmanville Zoo, raised various concerns regarding the proximity of proposed residential uses adjacent to the zoo lands, mainly for safety reasons. The stormwater management pond and park were configured in such a way so as to provide a buffer between the new residential dwellings and the zoo lands. A 3.0 metre wide strip of land was to be transferred to the zoo as an extra buffer. The conditions of draft approval required that Farsight install a 3 metre high, non -gated and non -scalable fence with razor wire parallel to the shared property line between the zoo and stormwater management pond. (See Figure 4.) Additional plantings were also required to deter access. Now that the zoo is no longer operating and additional developable lands are available, Farsight proposes to move the park and stormwater management pond westerly which changes their size and configuration. (See Figure 5.) Municipality of Clarington Report PSD -071-18 Page 12 Figure 4: Park and Stormwater Management Pond approved in 2010 11.2 In order for the amendment to Draft Approval to be viable an agreement between Farsight, Savanah and the Municipality of Clarington was required. Council authorized staff to undertake such an agreement, which allows Savanah to retain the existing single detached dwelling, the mobile home park and the original Barley Mill building for limited retail and restaurant use. It allows Farsight to incorporate the lands that were outside of the floodplain and void of natural features into their development and provided 13.7 hectares of additional valley lands to the Municipality. tr Limitsof Draft Apprrned Plan SS •N 3 Me:re Single Fence Detached = Strip Dwellings -- SWM Pond L �n,is Owned 6y • El $1 $aYa75f1811 r" Land Corp l s c _. ;� Opens Spat,• fJ].9 St' -e-2 194 Medium Wo k aS 'rte SC 205-D12 Figure 4: Park and Stormwater Management Pond approved in 2010 11.2 In order for the amendment to Draft Approval to be viable an agreement between Farsight, Savanah and the Municipality of Clarington was required. Council authorized staff to undertake such an agreement, which allows Savanah to retain the existing single detached dwelling, the mobile home park and the original Barley Mill building for limited retail and restaurant use. It allows Farsight to incorporate the lands that were outside of the floodplain and void of natural features into their development and provided 13.7 hectares of additional valley lands to the Municipality. Municipality of Clarington Report PSD -071-18 Limits of Draft Approved Plan SC 2005-002 )Pen Spxe •"`' • Park S .•Ir .. ! ri Lands Owned By r Savannah silt Land Corp J rz r Street Townhouses 0.64 ha awned by Savannah Lands Corp to be added to draft r d approved SC 2005-002 PP plan � OnPn SF:arce �_ king Street IBA Eas 201$-0009 yBlock Sc T r t S -'2005-002 Page 13 Figure 5: Proposed changes to the Park and Stormwater Management Pond in 2018 Parkland and Open Space 11.3 Parkland dedication is calculated at 5% of the land area within any draft plan or 1 hectare per 300 units. In 2010, parkland was calculated at 5%; 2.302 hectares. The draft approved plan totalled 2.67 hectares of parkland, which included a 0.14 hectare parkette situated in the north portion of the subdivision and the 2.53 hectares in the south portion adjacent to the stormwater management pond, which represented an over dedication of 0.5 hectares of parkland. In the current proposal, the parkette remains the same size while the proposed newly configured park is 0.93 hectares in size, or 1.601 hectares smaller. To reduce part of the deficit and to improve the overall park configuration and access to the open space lands staff requested an additional four lots, adjacent the park be removed and added to the park increasing the park size to 9.98 hectares. See Draft Plan on Attachment 2. Municipality of Clarington Report PSD -071-18 Page 14 11.4 As a condition of draft approval, Farsight is required to build the trail through the Soper Creek valley from Durham Highway 2 to Concession Street and make a trail connection to the Barley Mill Park. 11.5 The original conditions of draft approval required Farsight to construct a full park, including all proposed park features including waterplay area, traditional play area, park shelter, un -lit soccer field, connecting walkways, parking lot, '/2 court basketball court and trails connecting the open space to the north, south and west. 11.6 The reconfigured park is outside of the Soper Creek floodplain, save and except the soccer field which is in the floodplain. The preliminary parks plan has been designed with a cut/fill balance to ensure that the soccer field does not reduce the capacity of the floodplain. CLOCA and staff are generally satisfied with the preliminary parks plan however detailed engineering calculations are still required. The Municipality does not accept parkland in a flood plain however, the park together with the soccer field and open space lands to the north, south and west create a large contiguous recreational space for active and passive uses, all in Municipal ownership. These portions will link recreational uses and trails from the Visual Art Centre in the south to Mearns Avenue north of Sprucewood Avenue in the north, which is approximately 3 kilometres of trail. This is a great benefit to the public and consistent with the Corporate Strategic Plan, the Clarington Official Plan and active transportation initiatives. The zoo lands will be transferred to the Municipality void of all buildings, fencing, and former animal enclosures, in a non -contaminated condition and compliant with a Record of Site Condition. These additional benefits offset and compensate appropriately for parkland deficit. Stormwater Management Pond 11.7 A Functional Servicing Report Addendum has been prepared by GHD. GHD proposes that major storm events will be piped around or through the pond. Conveying major storm event flows through the pond is not acceptable to the Conservation Authority. CLOCA is recommending that Block 314, which is a townhouse block adjacent to the stormwater management pond be "frozen" until the detailed design of the pond is provided and approved by CLOCA and the Municipality. Lotting Pattern and Unit Count 11.8 The majority of the changes to the draft plan take place at the south portion of the draft plan where the streets are reconfigured and more residential units are added. Farsight's proposed amended plan also adds street townhouse units replacing single detached units in the north portion of the plan which face Lambs Road. This better implements the recent Local Corridor designation. The lot sizes as well as the unit count in the two medium density blocks remains the same. To make up the short fall of the four lots, the lotting pattern has been changed by reducing the 13.5 metre lots on the west side of the plan to 12 metre lots and by adding in two more lots, resulting in a reduction of two lots over the entire draft plan. The number of larger lots have been reduced despite the overall increase in the number of units. See Table 1. Municipality of Clarington Report PSD -071-18 Housing Type 2010 Draft Approved Plan 2018 Proposal Difference in Unit Count 10m single 101 108 7 12 m single 122 177 55 13.5m single 50 24 -26 7m street townhouse 29 62 33 Block Townhouses 239 239 0 Totals 541 612 69 Table 1: Change in unit count Traffic Page 15 11.9 The traffic generated from the revised development does not require any upgrades on Mearns Avenue, Concession Road 3, King Street or Liberty Street. Under future traffic projections, the signalization and installation of left turn lanes will be required at Lambs Road and Durham Highway 2. The traffic generated from this site will be monitored for triggering impacts on existing intersections by the Municipality and Region of Durham. Rezoning For Sight Triangles 11.10 The applicant also applied for a rezoning to include a setback from the sight triangles on all corner lots. Staff have reviewed the models and lotting sitings submitted in support of the application. The sight triangle is the portion of land forming a part of the road allowance at the intersection of two streets. The sight triangle varies from a 5 m x 5m at the intersection of two local roads to 7.5 m x 14 m at the intersection of a collector road and an arterial road, such as the access to the subdivision. As this is part of the lot boundary, buildings and structures must be setback from the lot line formed by the sight triangle. This is a very technical issue. Staff have amended the Zoning Bylaw to reduce the setback from the dwelling and or porch to 2 metres where the lots abut Lambs Road and 3 metres for corner lots in the interior of the subdivision. It should be noted that this is only required for specific house models. Further sight triangles are grassed areas so the house is generally no closer to the paved road surface. Street Names 11.11 On December 16, 2013 Council directed that Street "H" of draft approved plan of subdivision S -C 2005-002, be named Limba Way to honour the memory of the then deceased elephant Limba. On February 9, 2015, in consideration of the long history of the Bowmanville Zoo and the proximity of this institution to the draft approved plan of subdivision to be developed by Far Sight Homes, Council directed the use of additional names associated with the Bowmanville Zoo in the draft approved plan of subdivision Municipality of Clarington Report PSD -071-18 Page 16 S -C 2005-002. In addition to Limba, other street names approved were Caesar, Jonas, and Julie. Council is asked to reconfirm their support for these street names. 12 Conclusion In consideration of the findings of all supporting studies, agency and resident comments and based on review of the proposal, staff recommend approval of the proposed draft plan of subdivision, including Conditions of Draft Approval (Attachment 1), redlined Draft Plan of Subdivision (Attachment 2) and Zoning By-law amendment (Attachment 3). 13 Strategic Plan The recommendations of this Report conform to the Strategic Plan action to support a variety of affordable mixed housing types, and community design attributes that support our residents at every stage of life and across all abilities, to build trails to connect the community to the waterfront and to promote active transportation. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike(a)_clarington.net Attachments: Attachment 1 - Conditions of Draft Approval Attachment 2 - Draft Plan of Subdivision Attachment 3 - Zoning By-law. The following is a list of interested parties to be notified of Council's decision: Bryce Jordan, GHD Pam Killens Robert Schickedanz, Farsight Investments Limited Mike Domovitch Alex Nagy, Savannah Land Corporation Dave and Shelley Winkle Richard Mostert Paster James Anderson Steve Dainard DJC/CS/tg Nick Matesic Attachment 1 to Report PSD -071-18 CONDITIONS OF DRAFT APPROVAL File Number: S -C 2005-0002 Farsight Investments Limited Issued for Concurrence: August 31, 2018 Notice of Decision: Draft Approved: _ David J. Crome, MCIP, RPP Director of Planning Services Municipality of Clarington Part 1 - Conditions of Draft Approval 1.1 The Conditions of Draft Approval dated August 11, 2010 and as amended on July 27, 2016 are hereby repealed and replaced by new conditions as set out below. Part 2 — Plan Identification 2.1 The Owner shall prepare a final plan and shall include a land use table on the basis of the approved draft plan of subdivision, as redlined, prepared by GHD, identified as project number 11007, dated April 2016, as revised and dated May 2018, which illustrates 309 lots for single detached dwellings, 2 park blocks, 62 street townhouse units, 2 medium density blocks for 239 units, 1 stormwater management pond, 2 open space blocks, 1 block retained by Owner, road widenings and reserves. Part 3 — General 3.1 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 provisions 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 3.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 3.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 3.4 (1) The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for 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 architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the architectural control guidelines for the development and the 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 3.5 (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 3.6 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. Page 12 Part 4 — Final Plan Requirements 4.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Streets `A' to `H' inclusive 4.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings and Sight Triangles x A 8.0 metre road widening across the entire frontage of Lambs Road and 14 X14 metre sight triangle at the corner of Concession Road 3 and Lambs Road shown as Blocks 339 & 357 on the draft plan. x A 3.0 metre road widening across the entire frontage of Concession Street East shown as Block 341 on the draft plan. (b) Reserves x A 0.3 metre reserve shown as Blocks 333, 334, 335, 336 and 338 on the draft plan. (c) Parkland Dedications x Park or other public recreational area shown as Blocks 328 and 329 on the draft plan. (d) Open Space Lands as shown in Blocks 331 and 332 on the draft plan. (e) Stormwater Management Pond as shown in Block 330 on the draft plan. (f) The real property identified as "Other Lands Owned By Applicant" on the draft plan, in acceptance with terms and conditions to be negotiated with the Municipality.4.3 The Owner shall transfer to the Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings and Sight Triangles x A 5.0 metre road widening across the entire frontage of Regional Highway No. 2 and a 20 metre X 20 metre sight triangle at the corner of Regional Highway No. 2 and Lambs Road shown as Blocks 340 on the draft plan. (b) Reserves x A 0.3 metre reserve shown as Block 337 on the draft plan. Page 13 Part 5 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration 5.1 The Owner shall submit the following plans and report or revisions thereof: Phasing Plan (1) The Owner shall submit plans showing the proposed phasing to the Municipality and the Region for review and approval if this subdivision is to be developed by more than one registration. The Phasing Plan must show how the roads and associated infrastructure within each phase are intended to connect to subsequent phases of development, including the provision of temporary or transitional works such as temporary turning circles, external easements for temporary turning circles, and associated frozen lots. The Municipality shall require the preparation of a subdivision agreement for each phase of development. Noise Report (2) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled Noise Impact Study — revised 2, prepared by Sernas Associates, dated March 2009, Revised July 2009, Project No. 02072A. Functional Servicing Report (3) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Central Lake Ontario Conservation Authority, for review and approval, an updated Functional Servicing Report based the preliminary report entitled, Functional Servicing Report Addendum, Timber Trails Development prepared by GHD, dated July 2018, Project No. 11007. Community Design Plan (4) The Owner shall submit a "Community Design Plan" to the Director of Planning services and Director of Engineering Services for approval. Such plan shall include design concepts for a community theme including gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space buffers. All Engineering Drawings shall conform with the approved Community Design Plan. Environmental Sustainability Plan (5) The Owner shall submit an Environmental Sustainability Plan 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, Page 14 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 (6) 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 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. Plant Transplant Plan (7) The Owner shall submit and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington for a Transplant Plan for the regionally rare Geranium maculatum found onsite. Landscaping Plan (8) The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan, for the stream banks, the setbacks from the valley and natural areas as well as the stormwater management pond and associated outfall channel for review and approval of the Central Lake Ontario Conservation Authority and the Municipality of Clarington.Tree Inventory and Assessment (9) The Owner agrees to submit for review and approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington an updated the Tree Inventory and Assessment Report, prepared by Schollen and Company Inc. dated June 27, 2018, to include all areas of the proposed development including the proposed outfall. Compensation Plan (10) The Owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington a Compensation Plan for any removal of vegetation as a result of the development. Compensation should be on an aggregate inch replacement basis for the area being distrubed. Page 15 Restoration Plan (11) The Owner shall submit and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington a Restoration Plan for the areas requiring restoration Geomorphic Hazard Assessment (12) The Owner agrees to submit for review and approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington a Geomorphic Hazard Assessment to define the hazard lands in accordance with the Ministry of Natural Resources and Forestry Erosion Hazard Limit Technical Guide for confined and unconfined systems. The final erosion hazards limits related to the Soper Creek in the vicinity of the proposed soccer field will be determined by the Central Lake Ontario Conservation Authority. The Assessment shall ensure the development is appropriately beyond hazards. Dust Management Plan (13) 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 6 —Special Terms and Conditions to be Included in the Subdivision Agreement Environmental Impact Study 6.1 The Owner agrees to carry out the requirements and recommendations of the Scoped Environmental Impact Study prepared by NEA, Niblett Environmental Associates Inc., dated August 2018, File Number PN -18-068. Page 16 Soper Creek Valley Restoration 6.2 Prior to Authorization to Commence for the first phase of development, the Owner shall implement the recommendations of the approved Transplant Plan, the Landscaping Plan, the Compensation Plan and Restoration Plan to the satisfaction of the Director of Planning Services and Director of Engineering Services and the Central Lake Ontario Conservation Authority. 6.3 Frozen Block The Owner shall not make application for a building permit for Townhouse Block 314 as redlined revised until a functional stormwater management design and corresponding configuration of Storm Water Management Pond Block 330 that accommodates over -land or piped major storm flows to the satisfaction of the Municipality of Clarington and the Central Lake Ontario Conservation Authority. 6.4 Lands Requiring Site Plans The Owner shall not make an application for a building permit in respect of Blocks 326 and 327 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. 6.5 Parkland The Owner shall convey Block 329 to the Municipality for park or other public recreational purposes in accordance with section 51.1 of the Planning Act, R.S.O. 1990, c.P.13, with the registration of the first phase and Block 328 with the registration of the second phase. (1) In this section, "Park Plan" means a plan prepared by a qualified landscape architect showing: (a) all proposed park features including waterplay area, traditional play area, park shelter, un -lit soccer field situated on "Other Lands Owned By Applicant", connecting walkways, parking lot, half -court basketball court and a trail connection to link the open space to the north, south and west; and (b) the proposed grading and stormwater drainage system to demonstrate that the proposed park size and the location of the soccer field, configuration and topography will allow for the construction of park facilities. (2) An Authorization to Commence shall not be issued for any Works until the Owner has submitted and the Director has approved the Park Plan. (3) The Owner shall construct, and ensure the Engineering Drawings incorporate the final grades for the park, Block 328 including 200 mm Page 17 minimum topsoil and seeding, sodding, fencing, all storm sewer servicing within the park. (4) The Owner will be responsible for the cost (100%) of constructing the park on Block 329 and the soccer field, walkways on "Other Lands Owned By Applicant". The Owner shall retain a qualified Landscape Architect to undertake the preparation of park construction drawings and specifications all to be approved by the Director of Engineering Services. The park construction drawings shall clearly indicate all park grading, equipment and facilities. Park facilities to be included in the park block shall include but not be limited to: i. water play area with rubberized surface; ii. traditional playground with equipment suitable for junior and senior age children; iii. hard surface play court (i.e. basketball); iv. shade structure; V. park furniture such as benches, picnic tables, waste containers, bike racks as appropriate; vi. one unlit soccer field; vii. paved walkways/trail linkages; viii. lighting to discourage loitering and vandalism around the central play area; ix. tree and shrub planting as appropriate; X. park sign; and A. park entirely sodded. (5) The Owner agrees to commence construction of the park at the issuance of the 151 St building permit and agrees to complete the park construction in accordance with the approved construction drawings and specifications prior to the issuance of the 200th building permit. (6) For purposes of the Subdivision Agreement, all works under the section 6.2, 6.5 (3) (4), 6.6 (1) (2) are considered a separate Works Component with a minimum maintenance period of 2 years. 6.6 Open Space and Trails The Owner shall convey Open Space Block 331 with the registration of the first Phase of development and shall convey Block 332 with the registration of second phase of development. (1) Phase 1 - Trail Construction i) The Owner is responsible for the cost (100%) of constructing a 3.0 metre pedestrian trail along the east side of Soper Creek within Block 331. The trail shall extend from the future sidewalk network along Page 18 Concession Street East continuing south within the 5 metre buffer to the Environmental Limits along Blocks 326 and 328 and Lots 16 to 44 to complete a trail connection to the Park (Block 329). The Owner agrees to complete the trail construction prior to the issuance of the 240th building permit. ii) The Owner will be responsible for the cost (100%) of constructing a 3.0 metre connecting pedestrian trail, including the bridge crossing over Soper Creek, westerly from Blocks 331 and 329, to lands identified by Assessment Roll Number 18-17-020-060-16721 owned by the Municipality of Clarington, known as Barley Mills Park. The trail shall terminate where Barley Mill Park fronts onto Barley Mill Crescent. The trail shall include a bridge and abutments over Soper Creek. (2) Phase 2 - Trail Construction i) The Owner is responsible for the cost (100%) of constructing a 3.0 metre pedestrian trail within Block 332, from Street `D' to Lambs Road. The Owner agrees to commence construction of the trail in Block 332 prior to issuance of 1St building permit. (3) The design and specifications of all Open Space pedestrian trails and bridge crossing over Soper Creek shall be approved by the Director of Engineering Services. 6.7 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report. (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. 6.8 Cost Recovery for Lambs Road Reconstruction Prior to the issuance of Authorization to Commence, the Owner shall provide a cash payment for external improvements for Lambs Road based on the original cost of works in 2011 at $93,648.19, plus 15% Engineering Fees. The payment shall be indexed according to the Construction Price Index (CPI) at the time Authorization of Commence is issued. 6.9 Temporary Turning Circles (1) Temporary turning circles are required at phase limits where roadways are incomplete and any lots abutting temporary turning circles will be frozen and not eligible for building permits. Page 19 (2) Where part of all of a temporary turning circle is on lands outside of the road allowances, the Owner shall convey an easement to the Municipality in a form satisfactory to the Municipal Solicitor. Such easement shall be released for nominal consideration when the turning circle is removed to the satisfaction of the Director of Engineering Services. (3) Where proposed road connects to existing temporary turning circle, the Owner shall restore all areas to municipal standards. This includes curbs, sidewalks, asphalt, drainage, boulevard topsoil and sod, street trees and streetlighting relocations, all to the satisfaction of the Director of Engineering Services. Part 7 — Agency Conditions 7.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (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) The Owner shall carry out archeological assessment of the subject property and mitigation and/or salvage excavation of any significant Page 110 heritage resources to the satisfaction of the Ministry of Tourism, Culture and Sport. No grading or other soil disturbance shall take place on the subject property prior to the letter of clearance from the Ministry of Tourism, Culture and Sport. (7) The Owner shall submit to the Region of Durham, for review and approval, a revised acoustic report prepared by an acoustic engineer based on projected traffic volumes provided by the Region of Durham Planning and Economic Development Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment and Climate Change guidelines. The Owner shall agree in the Subdivision Agreement to implement the recommended noise control measures. The agreement shall contains a full and complete reference to the noise report (i.e author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the Subdivision Agreement containing such provisions prior to final approval of the plan. (8) Prior to the finalization of the plan of subdivision, the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region's Site Contamination Protocol to address site contamination matters. Such evidence may include the completion of a Regional Releance Letter and Certificate of Insurance. Depending on the nature of the proposal or the findings of nay Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA), and RSC Compliant Phase Two ESA may also be required. The findings of the Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment and Climate Change accompanied by any additional supporting information. 7.2 Conservation Authority That prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority for reports describing the following: a. The intended means of conveying stormwater flow from the site, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines. The report must detail appropriate means to divert the minor flows greater than the 25mm event around the stormwater facility and to convey the major flows directly to the creek in an appropriate outlet. Appropriate and supporting information and calculations are required to the satisfaction of CLOCA; b. The anticipated impact of the development on water quality once adequate protective measures have been undertaken; Page 111 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; d. The design and details of the proposed bioswale and outfall channel. 2. The Owner agrees to provide a cut and fill plan including calculations at 0.3m vertical increments and a cut and fill drawing to demonstrate that fill placement has been reduced to the extent possible within the floodplain to the satisfaction of CLOCA. It must be demonstrated to the satisfaction of CLOCA that there will be no impacts to adjacent properties or structures as a result of the cut and fill operation. 3. The Owner shall dedicate the Open Space Blocks 331 and 332 to an appropriate public agency, such as the Municipality of Clarington. 4. The Owner shall install non -gated fencing along the western boundary of the Block Townhouse Block 326, along the rear of the lots 16 to 46 inclusive, and southern boundaries of the street townhouse blocks 314 & 315 and the west and south limits of Block Townhouse Block 327. 5. The Owner prepare a Homeowners Manual/Guide to distribute to all property purchasers in the development area educating landowners about the wetland, coldwater creek, wildlife and valleylands. 6. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing fees and Technical Review fees owing as per the approved Authority Fee Schedule. 7. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a. The Owner agrees to maintain all stormwater and erosion and sediment control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. b. The Owner agrees to obtain a permit from the Central Lake Ontario Conservation Authority prior to the commencement of grading or initiation of any on-site works. 7.7 Canada Post Corporation (1) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: Page 112 (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. (c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner 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 within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 7.8 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. Page 113 (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 8 — Standard Notices and Warnings 8.1 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. 8.2 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. 8.3 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: (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 16 to 46, Blocks 314, 316, 326 and 327: Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent open space. No gates into the open space lands area permitted. This fencing is located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence. Debris and Pool/Spa Water— Purchasers may not dumb any materials, debris or grass clippings on these lands. Purchasers may not drain swimming pool or spa water directly on these lands. Water should be directed to the road where it enters the storm water system, and is treated by Stormwater Management Controls. Public Walkway — A public walkway may be developed on the open space lands owned by the Municipality. 8.6 Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for All Lots: "Farm Operations —There are existing farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants." Page 114 8.7 Nearby Park The Owner shall include the following warning clause in agreements of purchase and sale for Lots 15, 16, 45 & 46 : "Park - The adjacent Block 328 and 329 is designated for parkland uses including community events and recreation facilities which, when developed, may contain active lighted facilities for night-time services." 8.8 Chain Link Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 15, 16, 45 and 46: "Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent park. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence." 8.9 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 9 - Clearance 9.1 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 2.1, 3.2, 4.3, 5.1(1). 5.1(2), 6.7, 7.1 have been satisfied; (b) Central Lake Ontario Conservation Authority, how Conditions 5.1(3), (7), (8), (9), (10), (11), (12) , 6.1, 6.2, 6.3, 7.2 have been satisfied; and (c) Canada Post, how Conditions 7.7 have been satisfied. Part 10 — Notes to Draft Approval 10.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 10.2 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. Page 115 10.3 If final approval is not given to Phase 1 of this plan by no later than September 10, 2020, and no later than September 10, 2023 for any subsequent phase, 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. 10.4 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) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C 2005\S -C-2005-0002 Farsight\1- Amendment t DRAFT APPROVAL 2018\Draft Approval\Draft 1 Conditions of Draft Approval 003 .doc Page 116 Z �� Plot Date: 6 September 2018 - 4:00 PM Plotted by: Agnes Gruszecka Cad File No: N:\CA\Whitby\Projects\Legacy\GMS\Proj\2011\11007 DARLINGTON MILLS PHASE I\Planning\Planning Group\TIMBER TRAILS\11007-Timber Trails DP -Rev Sept6-118.dwg 7Y7 KEY PLAN -Not to Scale PROPOSED REVISION TO DRAFT APPROVED PLAN DRAFT PLAN OF SUBDIVISION OF S -C-2005-0002 PART OF LOT 7 & 8 CONCESSION 1 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SCHEDULE OF LAND USES: SITE STATISTICS: LOW DENSITY RESIDENTIAL LOTS UNITS 4 10.0+m FRONTAGES - 108 108 (DETACHED DWELLINGS) B A.G. S.C. 12.0 +m FRONTAGES - 177 177 (DETACHED DWELLINGS) B.J. 04/16 13.5+m FRONTAGES - 24 24 m� Project Director 12,11 12.11 12.11 12.0 12.0 12.0 12,0 12.0 12.0 10.0 10.0 10.0 10.0 10, 10.11 10A M (40 units per ha) 105 104 103 02 101 00 99 98 97 9 95 94 93 92 328 90 OPEN SPACE 329-330 15.66 •� • 1.21 • • • • 1• • A A A A A A 0.61 a2.om 2399 P73 24.0 m R.O.W. 23 0.18 TOTAL AREA 5.71 ha TOTAL AREA OF SUBMISSION 46.96 ha • • • • • • n• • A ♦ A ♦ A 74 75 76 77 78 79 80 81 82 83 84 85 86 88 89 _ 0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 t2, .0 10.0 10.0 10.0 10.0100 1D. 10.3 Plot Date: 6 September 2018 - 4:00 PM Plotted by: Agnes Gruszecka Cad File No: N:\CA\Whitby\Projects\Legacy\GMS\Proj\2011\11007 DARLINGTON MILLS PHASE I\Planning\Planning Group\TIMBER TRAILS\11007-Timber Trails DP -Rev Sept6-118.dwg 7Y7 KEY PLAN -Not to Scale PROPOSED REVISION TO DRAFT APPROVED PLAN DRAFT PLAN OF SUBDIVISION OF S -C-2005-0002 PART OF LOT 7 & 8 CONCESSION 1 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SCHEDULE OF LAND USES: SITE STATISTICS: LOW DENSITY RESIDENTIAL LOTS UNITS 4 10.0+m FRONTAGES - 108 108 (DETACHED DWELLINGS) B A.G. S.C. 12.0 +m FRONTAGES - 177 177 (DETACHED DWELLINGS) B.J. 04/16 13.5+m FRONTAGES - 24 24 (DETACHED DWELLINGS) Project Director Date TOTAL # LOTS/UNITS S.F. RESIDENTIAL 309 309 + TOTAL AREA S.F. RESIDENTIAL 12.21 ha MEDIUM DENSITY RESIDENTIAL BLOCKS UNITS AREA (ha) 7.Om STREET TOWNHOUSES 210-323 62 1.45 BLOCK TOWNHOUSES 324-325 239 6.91 (40 units per ha) TOTAL # UNITS RESIDENTIAL 610 8.36 TOTAL AREA RESIDENTIAL 20.57 ha LAND USE BLOCKS BLOCKS AREA(ha) PARKS 326-327 1.12 SWM POND 328 1.44 OPEN SPACE 329-330 15.66 RETAINED BY OWNER 331 1.21 0.3m RESERVES 332-337 0.04 ROAD WIDENINGS 1 338-341 1.21 TOTAL AREA 20.68 ha ROADS LENGTH(m) AREA(ha) 15.0 m R.O.W. 377 0.61 20.0 m R.O.W. 2399 4.92 24.0 m R.O.W. 23 0.18 TOTAL AREA 5.71 ha TOTAL AREA OF SUBMISSION 46.96 ha ADDITIONAL INFORMATION UNDER THE PLANNING ACT Under section 51(17) of The Planning Act H) Piped municipal water supply information required by clauses A,B,C,D,E 1) Sandy, Clay F,G, & J shown on Draft and Key plans. K) All municipal services required L) As shown OWNER'S CERTIFICATE WE, THE REGISTERED OWNERS OF THE SUBJECT LANDS, HEREBY AUTHORIZE GHD TO PREPARE AND SUBMIT A DRAFT PLAN OF SUBDIVISION FORAPPROVAL. FARSIGHT INVESTMENTS LIMITED SIGNED "SIGNATURE ON FILE" DATE "MAY 30/ 2018" OWNER'S CERTIFICATE WE , THE REGISTERED OWN ERS OF THE SUBJECT LANDS, HEREBY AUTHORIZE GHD TO PREPARE AND SUBMIT A DRAFT PLAN OF SUBDIVISION FOR APPROVAL. SAVANNAH LAND CORPORATION SIGNED _"SIGNATURE ON FILE" DATE "MAY 31/ 2018" C REVISION FOR REPORT REVISION TO DRAFT APPROVED PLAN AS DRAFT APPROVED A.G. B.J. B.J. 09/18 B A.G. S.C. B.J. B.J. B.J. 05/18 A B.J. 04/16 No. Revision Drawn MJob anager Project Director Date Drawing Revisions Note: * indicates signatures on original issue of drawing or last revision of drawing GHD Inc. Conditions of Use. This document may only be used by GHD's client (and any other person who GHD has agreed can use this document) for the purpose for which it was prepared and must not be used by any other person or for any other purpose. 11111111 A 0 20 40 60 80 100m Original Size Arch D 65 Sunray Street, Whitby Ontario L1 N BY3 T 1 905 686 6402 F 1 905 432 7877 E ytomail@ghd.com W www.ghd.com Client FARSIGHT INVESTMENTS LIMITED Project TIMBER TRAILS Drawn A.G./S.C. Drafting B.J. Check Approved (Project Director) Project No. 11007 Date PA Attachment 3 to Report PSD -071-18 The Corporation of the Municipality of Clarington By-law 2018 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to ZBA 2018-0009: Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 26.5 "Zone Suffixes" is hereby amended by adding a new section subsection "c" as follows: "c) The suffix "(ST)" indicates the setback from the sight triangle. The suffix "ST" followed by a number is the minimum setback from the sight triangle. For example, R2-58(ST:2) indicates a minimum setback of 2 metres." 2. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Exception ((H) R1) Zone" to "Holding -Urban Residential Exception ((H) R1-58) Zone", "Holding -Urban Residential Exception ((H) R1) Zone" to "Holding -Urban Residential Exception ((H) R1-60) Zone", "Holding -Urban Residential Exception ((H) R1) Zone" to "Holding -Urban Residential Exception ((H) R3-40) Zone", "Holding -Urban Residential Exception ((H) R1) Zone" to "Environmental Protection (EP) Zone", "Holding -Urban Residential Exception ((H) R2-58) Zone" to "Holding -Urban Residential Exception ((H) R2-60) Zone", "Holding -Urban Residential Exception ((H) R2-58) Zone" to "Holding -Urban Residential Exception (H) R2-62) Zone", "Holding -Urban Residential Exception ((H) R2-58) Zone" to "Holding -Urban Residential Exception ((H) R3-40) Zone", "Holding -Urban Residential Exception ((H) R2-60) Zone" to "Holding -Urban Residential Exception ((H) R2-58) Zone", "Holding -Urban Residential Exception ((H) R2-60) Zone" to "Holding -Urban Residential Exception ((H) R3-40) Zone", "Holding -Urban Residential Exception ((H) R2-61) Zone" to "Holding -Urban Residential Exception ((H) R2-60) Zone", "Holding -Urban Residential Exception ((H) R2-62) Zone" to "Holding -Urban Residential Exception ((H) R2-58) Zone", "Holding -Urban Residential Exception ((H) R2-62) Zone" to "Holding -Urban Residential Exception ((H) R2-60) Zone", "Environmental Protection (EP) Zone" to "Holding -Urban Residential Exception ((H) R2-58) Zone", "Environmental Protection (EP) Zone" to "Holding -Urban Residential Exception ((H) R2-60) Zone", "Environmental Protection (EP) Zone" to "Holding -Urban Residential Exception ((H) R3-40) Zone", "Environmental Protection (EP) Zone" to "Urban Residential (R1) Zone", as illustrated on the attached Schedule `A' hereto. By -Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk i:\^department\Ido new filing system\application files\sc-subdivision\s-c 2005\s -c-2005-0002 farsight\1- amendment to draft approval 2018\staff report\psd-071-18\attachment 3 to psd-071-18 bylaw.docx This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. ee I y r• a �y p y p v A Y K- See Next Page For Legend This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. Zoning Change From "(H)RI" To "(H)R2-58" Zoning Change From "(H)R1"To "(H)R2-58(ST.3)" ® Zoning Change From "(H)R2-58" To "(H)R2-58(ST.3)" - Zoning Change From "(H)R2-60" To "(H)R2-53" - Zoning Change From "(H)R2-60" To "(H)R2-58(ST:3)" - Zoning Change From "(H)R2-62" To "(H)R2-56" - Zoning Change From "EP" To "(H)R2-58" Zoning Change From "(H)R1" To "(H)R2-60" ® Zoning Change From "(H)R1"To "(1-I)R2-60(ST.3)" - Zoning Change From "(H)R2-58" To "(H)R2-60" - Zoning Change From "(H)R2-58" To "(H)R2-60(ST:3)' +�+++ Zoning Change From "(H)R2-60" To "(H)R2-60(5T:3)" - Zoning Change From "(H)R2-61" To "(H)R2-60(5T:2)" - Zoning Change From "(H)R2-62" To "(H)R2-60" Zoning Change From "(H)R2-62" To "(H)R2-60(5T:3)" -Zoning Change From "EP" To "(H)R2-60" Zoning Change From "EP" To "(H)R2-60(S73)" Zoning Change From "(H)R1"To "(H)R340" Adrian Foster, Mayor 0 Zoning Change From "(H)R1"Ta "[H)R3 dOtST:3)" F7Zoning Change From "(H)R2-58" To "(H)R3-40" ® Zoning Change From "(H)R2-58" To "(H)R3-46(ST:3)" FIZoning Change From "(H)112-60" To "(H)R3-40" Zoning Change From "(H)R2-60" To "(H)R3-40(ST:3)" - Zoning Change From "EP" To "(H)R3-44(ST3)" - Zoning Change From "(H)R2-58" To "(H)R2-62' Zoning Change From "(H)RV To "EP" - Zoning Change From "(H)R1"T6"Ri" - Zoning Change From "(H)112-62" To "R1" ® Zoning Change From "EP" To "R1" Zoning To Remain "(H)R1" - Zoning To Remain "(H)R2-58" F7Zoning To Remain "(H)R2-60" Zoning To remain "(H)R2.62" - Zoning To Remain "(H)R3.40" Zoning To Remain "EP" Bowmanville • ZBA 2018.0009 " Schedule 3 C. Anne Greentree, Municipal Clerk Clarftwa Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD -079-18 Resolution: File Number: S -C-2017-0005 & ZBA 2017-0007By-law Number: Report Subject: Development Applications by 2103386 Ontario Inc. (Halminen Homes) and Louisville Homes Ltd. for 297 single detached dwellings, 92 street townhouse dwellings, and 105 unit block townhouse development in Newcastle Recommendations: That Report PSD -079-18 be received; 2. That the application for Draft Plan of Subdivision S -C-2017-0005 submitted by 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. be supported subject to redlined revisions to conform with the Secondary Plan and subject to conditions of draft approval substantially as contained in Attachment 1 to Report PSD -079-18 as finalized by the Director of Planning Services; 3. That the Zoning By-law Amendment application submitted by 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. be approved and that a Zoning By-law Amendment as contained in Attachment No. 2 be adopted to implement the redline revised plan of subdivision; 4. That once all 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) Holding Symbol be approved; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD - 079 -18 and Council's decision; and 6. That all interested parties listed in Report PSD -079-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -079-18 Report Overview Page 2 The Municipality has received from 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. an amendment to the Foster North West Neighbourhood Design Plan, Clarington Official Plan Amendment and Rezoning to permit a proposed Draft Plan of Subdivision with a range of residential dwellings, a neighbourhood park, a built heritage precinct for Belmont House, and a stormwater management pond. The lands are north of King Avenue West, east of the Wilmot Creek Valleylands, south of Highway 35/115, and west of Rudell Road, Newcastle. This report recommends the approval of the draft plan of subdivision and the proposed rezoning. 1. Application Details 1.1 Owner/Applicant: 2103386 Ontario Inc. (Halminen) and Louisville Homes Ltd. 1.2 Agent: D.G. Biddle & Associates Ltd. 1.3 Proposal: Proposed Draft Plan of Subdivision A subdivision occupying the northwest quadrant of the Foster Neighbourhood, with approximately 10 local streets and 2 collector roads, 305 single detached dwellings, 83 street townhouse dwellings, 105 block townhouse dwellings, neighbourhood park, stormwater management pond, lands to allow the expansion of the existing stormwater management pond and open space lands associated with Wilmot Creek. Proposed Rezoning From "Agricultural Exception (A-1)" to appropriate zones to permit the proposed draft plan of subdivision with its varied dwelling types and frontages, the built heritage precinct but not the secondary school site. The land area that is integral to the Wilmot Creek Valleylands will remain "Environmental Protection (EP)", the limits of which are specified through the review and acceptance of the Environmental Impact Study. 1.4 Area: 28.59 hectares (70.65 acres) 1.5 Location: North of King Avenue West, east of the Wilmot Creek Valleylands south of Highway 35/115, and west of Rudell Road 1.6 Roll Numbers: 18-17-030-030-12010 18-17-030-030-12206 18-17-030-030-12020 18-17-030-030-12400 18-17-030-030-12204 18-17-030-030-12500 Municipality of Clarington Report PSD -079-18 Page 3 1.7 Within Built Boundary: No 2. Background 2.1 On February 21, 2017, D.G. Biddle & Associates Ltd., on behalf of 2103386 Ontario Inc. (Halminen), Louisville Homes Ltd. and Robert Stephenson (who has since sold his portion to 2103386 Ontario Inc.) submitted applications for Neighbourhood Design Plan Amendment, Clarington Official Plan Amendment, Draft Plan of Subdivision and Rezoning to permit a proposed draft plan of subdivision with a mix of single detached dwellings, street townhouse dwellings and block townhouse dwellings, a neighbourhood park, a built heritage precinct for Belmont House and a stormwater management pond. 2.2 A number of required documents were not submitted on February 21, 2017 and the applications were deemed incomplete. The last set of outstanding documents were received on August 31, 2017. 2.3 The Secondary School site was severed from the lands through a land division application in 2015. The 7.93 hectare (19.6 acre) parcel will facilitate a Secondary School and possibly an elementary school. The revised location is shown in the proposed Secondary Plan. The Secondary School site is not within the Proposed Draft Plan of Subdivision but, it is within the Neighbourhood Design Plan and the proposed Secondary Plan. 2.4 The Heritage Dwelling site was also severed from the lands through a land division application in 2016. The 0.62 hectare (1.53 acre) parcel has the heritage dwelling and most of the current driveway, as well as lawn to the west of the house. The Heritage Dwelling site is not within the proposed draft plan of subdivision but, it is within the proposed Secondary Plan. 2.5 The Foster North West Neighbourhood Design Plan was originally approved on June 9, 2010. As a result of lack of servicing no development has occurred in this neighbourhood. Based on the policies following approval of OPA 107, Secondary Plans are being prepared for developing neighborhoods greater than 20 ha. The submitted Official Plan Amendment, the existing Neighbourhood Design Plan and modifications were converted into a Secondary Plan, which will be incorporated into the Clarington Official Plan. This is being addressed through a separate report, PSD -068-18. 2.6 The studies submitted in support of this proposal are: x Phase One Environmental Site Assessment, x Planning Justification Report, x Environmental Impact Study x Energy Efficiency and Sustainability Plan Report, x Landscape Analysis, x Hydrogeological Assessment, x Archaeological Assessment, x Geotechnical Investigation, x Heritage Impact Assessment, x Traffic Impact Study, Municipality of Clarington Report PSD -079-18 Page 4 x Functional Servicing and Stormwater Drainage Report, and x Noise Impact Study. They are summarized in Section 7 of the report. 2.7 As a response to the first circulation and the revised proposal received on May 25, 2018 as a second submission and circulated on June 7, 2018. The second submission is the subject of this report. w Secondary Plan y, f Plan of Area s Subdivision Boundary Highway Buffer i� Connecting Trail a� Belmont 'yT School Site I =. House 35 i I � S -- i M O ,r Heritage zE Park`` PAPART �r z r Endominium-wnhouse Block Durham -Highway -2 W, SWM Pond ,a►} , Figure 1: The Proposed Plan of Subdivision & Secondary Plan Area in Location Context 2.8 Over the last three months there have been ongoing discussions with respect to the neighbourhood park and its relationship to the Belmont House. Since the August 30th Public Information Centre, there has been a break -through but no time to re -circulate a revised plan. Any comments on the second submission will need to be modified Municipality of Clarington Report PSD -079-18 appropriately to correspond to the final draft plan. 3. Land Characteristics and Surrounding Uses Page 5 3.1 The lands slope from north to south and contain an incised creek valley at the west boundary. Given Road, a local road, currently bisects the lands but, it is proposed to be closed and conveyed to facilitate the proposed development. The historic Belmont House is the occupier of an otherwise vacant site. The vacant lands owned by the public school board are northeast of the applicant's lands. 3.2 The surrounding uses are as follows: North - Highway 35/115 and beyond, agricultural and rural residential. South - Regional Highway 2 and beyond, Newcastle Fire Station (No. 2), several residences, and Community Park with Recreation Centre. East - Rudell Road and beyond, urban residential and vacant, near future urban Residential. West - Wilmot Creek Valleylands Figure 2: From Given Road looking South, Field North of King Avenue West and the Newcastle Fire Station (No. 2) 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreation, park and open space; and other uses to meet long term needs. The most relevant policies relating to these applications can be summarized as follows: Municipality of Clarington Report PSD -079-18 Page 6 x New development in settlement areas shall have a compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. New development shall provide a full range and mix of housing types and densities to meet projected requirements of current and future residents. x A full range of built and natural settings for recreation including parks, open space areas, trails and linkages are to be provided, and planning for Infrastructure and public service facilities must be efficient and cost effective while considering climate change impacts. x Development adjacent to natural features must demonstrate that there will be no negative impacts on the natural features or their ecological functions, and shall be directed to areas outside of hazardous lands impacted by flooding and erosion. x Significant built heritage resources and significant cultural heritage landscapes shall be conserved. Provincial Growth Plan 4.2 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. 4.3 Municipalities should establish an urban open space system within built up areas. 4.4 Growth is to be accommodated in transit -supportive communities to reduce dependence on the automobile through the development of mixed use, pedestrian -friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. 4.5 The subject lands are identified as Greenfield area, and outside of the Built-up area. In greenfield areas, growth is to make efficient use of services and infrastructure and be compact and transit -supportive. The Growth Plan requires municipalities to achieve a minimum density target that is not less than 60 residents and jobs combined per hectare in the designated greenfield area and is measured across the Region of Durham, not individual neighbourhoods. 4.6 Cultural heritage resources will be conserved in order to foster a sense of place and benefit communities. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject lands "Living Areas" and "Major Open Space Areas". Lands located within the "Living Areas" designation are to be predominantly used for housing purposes. Lands designated "Major Open Space Areas" within urban areas are predominantly to be used for conservation purposes. Key Natural Heritage and Hydrologic Features on and adjacent to the site require the Municipality of Clarington Report PSD -079-18 Page 7 completion of an Environmental Impact Study for development in proximity to features. King Avenue West (Regional Highway 2) is designated an Arterial Road and a Regional Transit Spine. The conservation, protection and/or enhancement of Durham's built and cultural heritage resources is encouraged. Clarington Official Plan 5.2 The Clarington Official Plan designates the subject lands as Urban Residential and Environmental Protection, with of a Secondary School site identified. The Environmental Protection Area designation reflects the location of the Natural Heritage System. In this location, the system is the Wilmot Creek and its valleylands along the west side of the development area, and an eastern tributary of Wilmot Creek. An Environmental Impact Study was prepared giving consideration to the Natural Heritage System. 5.3 New development in established neighbourhoods is to be designed to respect and reinforce the physical character having regard to the pattern of lots, streets and blocks, the size and configuration of lots, building types of nearby properties, the height and scale of buildings and the setback of buildings from the street, rear and side yards. New residential development is encouraged to create accessible, walkable neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses. 5.4 King Avenue West is designated a Type A Arterial Road and a Regional Transit Spine and further identified as a Local Corridor which is a Priority Intensification Area. The policies encourage transit -supportive, mixed use and compact urban form in Priority Intensification Areas. 5.5 The policies encourage the conservation, protection, enhancement, and adaptive reuse of cultural heritage resources. 5.6 In accordance with the Regional Official Plan, the Clarington Official Plan requires the preparation of a Secondary Plan for new developing residential areas. Approved Neighbourhood Design Plans will continue to provide guidance for the development of neighbourhoods unless superseded by a Secondary Plan. In this case the substantive revisions required to the existing Neighbourhood Design Plan triggers the preparation of a Secondary Plan for the neighbourhood. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the proposed draft plan of subdivision lands: "Holding — Urban Residential Exception ((H)R1-67)", "Agricultural Exception (A-1)", and "Environmental Protection (EP)". The Zoning By-law Amendment Application proposes to rezone said lands to zones that implement the proposed plan of subdivision. Municipality of Clarington Report PSD -079-18 7. Summary of Background Studies 7.1 Planning Justification Report and Related Addendum Page 8 The original report referenced outdated versions of provincial, regional and Clarington planning documents. The Addendum corrected this. The Planning Justification Report and its Addendum, as background, provided: site and neighbourhood context, a proposed development description, and overall land use planning context. The report concluded the applications conform to the Provincial Policy Statement (2014) and the Growth Plan for the Greater Golden Horseshoe (2017) as well as the Durham Region Official Plan. 7.2 The report identified features of the proposed draft plan of subdivision and how they satisfied the Clarington Official Plans policies on: growth management, urban structure, greenfields, secondary plans, public realm, built form, centres -corridors -priority intensification areas, sustainable design, housing diversity, livable neighbourhoods, parks and stormwater management. Environmental Impact Study and Revised Version 7.3 The revised Environmental Impact Study (EIS) identified a development more easterly than originally proposed in keeping with the policies of the 2017 Official Plan, including a minimum 15 m from defined development limits. The study identified the location of a butternut trees, an endangered species to be preserved where possible and otherwise compensated for. The report notes that discussions are currently underway with the Ministry of Natural Resources and Forestry to confirm permitting and compensation going forward. 7.4 The EIS also concluded that the eastern wood pewee bird, a species of special concern, would not be impacted by the proposed development. The EIS commented that none of the outbuildings/barns continue to exist on the heritage lot. However, the removal of the these buildings triggers compensation for barn swallow habitat loss, to be secured through an Endangered Species Act (ESA). Permit from the Ministry of Natural Resources and Forestry. Traffic Impact Study and Update to Traffic Impact Study 7.5 The Traffic Impact Study was revised to consider a number of impacts relative to development that were not originally considered, including: x The Grady Drive extension to Regional Rd. 17; x the 1,000 or so dwellings of the North Village Neighbourhood; x the future school to the northeast; and x the Tornat Proposal. All of these traffic impacts have now been addressed satisfactorily with the exception of the Grady Drive extension to Regional Rd. 17. As a condition of draft approval additional work in this regard is required. Municipality of Clarington Report PSD -079-18 Page 9 Heritage Impact Assessment 7.6 The report recommended that the severance of the lot for the Belmont House makes the lot large enough to retain mature trees south of the house and the curved carriageway. The developer (Halminen Homes) should maintain the Belmont House in good condition for its heritage attributes and future redevelopment choices. Future restoration of the balconies above the verandahs and repair of the verandahs should be considered. Functional Servicing & Stormwater Drainage Report and Revised Versions 7.7 The original 2016 report, and 2017 and 2018 revisions, gave site location and description, and descriptions of the five types of servicing for the proposed draft plan of subdivision: water distribution, sanitary sewers, storm sewers, major overland flow, and the road network. Also noted were the stormwater management ponds — one proposed and the existing pond expanded. The design and sizing for quality control, their detention wet pond and sediment forebay design, as well as the discharge structure, landscaping for the ponds, quality control during construction, and lot level controls were also discussed. Pre- and Post -development hydrology was also reviewed. The report was generally acceptable to both GRCA and Engineering Services staff, subject to conditions of draft approval and further study on the sizing of the facilities to receive all post development flows. Noise Impact Study and Revised Version 7.8 The report and the revised version reviewed noise level guidelines and criteria for: outdoor amenity areas, indoor living/dining areas, bedrooms, and ventilation. The revised proposed draft plan of subdivision necessitated a revised noise mitigation strategy. The noise sources of concerns are Highway 35/115 and Regional Highway No. 2. The railway was too far away. Noise Impacts on the proposed draft plan of subdivision were analyzed and noise levels predicted. Recommendations for: outdoor amenity areas, ventilation and building components were made utilizing acoustic fences, central air conditioning, proposed enhanced building materials where needed, and warning clauses. 7.9 The revised Noise Impact Study indicated that noise levels at the Outdoor Living Areas would be 61.6 dBA, exceeding the guidelines even with a 2.1 m high acoustic barrier for the townhouse blocks flanking Highwa 35/115 (now 358, 361, 362). Specific warning clauses were recommended as the resolution. Phase One Environmental Site Assessment 7.10 The report described the basic features of the proposed draft plan of subdivision area assessed, and the report purpose of offering a professional opinion of potential for significant environmental liabilities regarding proposed future residential use. Despite subject property inspection and historic documentation, and analysis of surrounding property uses, areas of potential environmental concern and/or potentially contaminating activities were not found. Based on the information and property Municipality of Clarington Report PSD -079-18 observations it is a matter of professional opinion that no further environmental investigation is required. Geotechnical Investigation Page 10 7.11 The report defined subsoil and groundwater conditions on the subject property, and developed geotechnical recommendations for a variety of construction contexts and erosion hazard slopes at the southwest edge. The report recommended native subsoil not be exposed to excessive moisture or construction traffic. Winter construction techniques were also provided. The report noted the authors ought to be retained for advice once grading and building design was underway. Hydrogeological Assessment 7.12 The report defined hydrogeologic conditions on the subject property and the suitability of the planned land use with engineering analysis of potential impacts and subsequent recommendations. The report concluded the subject property was suitable for the development, including a feasible water balance strategy using LID measures that will ensure a negligible impact to the local shallow water table; surface water; and/or deep groundwater, due to the proposed development. Stage 1 and 2 Archaeological Assessment 7.13 The Stage 1 work showed the subject property had high archaeological potential due to: proximity to water sources, historic transportation corridors and development areas, and registered archaeological sites. All Stage 2 testing was at a high potential (5 metre) interval or less where possible. The Stage 2 testing resulted in the discovery of a single historic Euro -Canadian archaeological site, and two isolated lithic pre -contact artifacts registered as findspots. Intensified assessment of the areas around each did not yield any additional material. The Euro -Canadian site was registered and meets the requirements for a Phase 3 assessment prior to development. If any archaeological resources should be discovered during development all excavation must stop immediately and an archaeologist contacted. Landscape Analysis 7.14 The reports purpose was to note subject property (natural) topography and planned grading, and identify existing natural features and built form. Briefly described were: the proposed draft plan of subdivision, subject property natural features and topography, and the Belmont House. The report noted that significant grading of the overall site was not planned for the proposed draft plan of subdivision. Energy Efficiency and Sustainability Plan Report 7.15 The report provides a high level overview of conservation and sustainability measures to be implemented in the development of the land and construction of the dwellings to improve air and water quality, and the reduce energy and water consumption; encourage recycling and reduce solid waste. Municipality of Clarington Report PSD -079-18 8.0 Public Submissions Page 11 8.1 A Public Information Centre was held, in coordination with planning staff, on September 28, 2017 at the Clarington Public Library, Newcastle Branch. Approximately 10 residents attended. Members of Council, staff and the developers' representatives/consultants were in attendance. 8.2 Planning staff met with a nearby resident on the morning of the Public Information Centre. The resident asked about fencing around the condominium townhouses, and transposing the condominium townhouse area with the southwestern storm water management pond. The resident also asked if the condominium townhouses were part of Phase 1. 8.3 Other comments from the Public Information Centre were: x Traffic congestion will increase; x The high school land swap didn't make sense; x Construction traffic using Rudell Road; x Maintenance of the heritage dwelling at 302 Given Road; and x A trail/walkway should be built on the to -be -closed Given Road allowance north of the southeastern storm water management pond. 8.4 Following the Public Information Centre, one resident wrote advising he had concern with the high school site relocating to the north and having traffic accumulate on Rudell Road and the presence of condominiums. 8.5 One resident asked about the timing of the school construction, and another asked about timing of: the plan of subdivision generally, the common elements condominium townhouses and municipal services coming to Foster Northwest. Another resident sought information on the plan of subdivision. 9. Agency Comments Ministry of Natural Resources and Forestry 9.1 The Ontario Ministry of Natural Resources and Forestry (OMNRF) commented that they will review the proposal in light of the endangered Butternut Tree species, under the Ontario Endangered Species Act. Ministry of Transportation 9.2 The Ministry advised that no direct access to Highway 35/115 is permitted. All development is to be setback 14 metres from the Highway. 35/115 property line. 9.3 Works within 45 metres of a highway property line require an MTO Building and Land Use Permit. This generally applies to the lands along the north edge of the housing development. Municipality of Clarington Report PSD -079-18 Page 12 9.4 MTO raised some questions about aspects of the traffic impact study. They have yet to provide comments on the revised circulation from May. Enbridge Gas Distribution 9.5 Enbridge Gas Distribution commented that the applicant must contact its Customer Connections Department to resolve construction timing and details, and if required, provide easements at no cost. Canada Post 9.6 Canada post noted the subdivision will require approximately 12 Community Mailbox sites. Rogers Communications 9.7 Rogers Communications commented that the applicant must prepare an overall utility distribution plan, and if required, provide easements and maintenance documents, at no cost and registered on title. Public School Board 9.8 The public school board is supportive of the recommendations of the traffic impact study. The board is interested in the demographics and marketing of the development as well as number of dwelling units and changes which could influence the design of the new school in the Foster Northwest Neighbourhood. Existing public schools will be used until the new school is financed and built. Canadian Pacific Railway 9.9 The development appears to be outside the Railway's 300 metre noise influence area and therefore, CPR has no comment. Durham Region Planning and Economic Development Department 9.10 The Region noted the Clarington Official Plan Amendment incorporates the Foster Northwest Secondary Plan into the Clarington Official Plan and that the secondary plan provides a park for the neighbourhood; the Belmont House as a heritage dwelling; the public school board site; and a mixed use area are key aspects also shown. 9.11 The revised (May 2018) Environmental Impact Study, the Region stated, concluded the subdivision would not significantly impact Wilmot Creek or the Environmental Protection Area provided the study was implemented. The study has to be approved by the conservation authority. 9.12 The Region encourages Clarington and the proponent to increase the residential density in the subdivision plan including in the condominium townhouse block during the site plan process. The subdivision plan should better support compact transit - supportive mixed-use development exceeding the greenfield minimum target. Municipality of Clarington Report PSD -079-18 Page 13 9.13 King Avenue West is part of a Regional Plan Transit Spine and so the housing abutting should be designed to face King Avenue West and not be reverse frontage lots. 9.14 King Avenue West is planned to have a cycle lane as part of the Primary Cycling Network in the Regional Cycling Plan. The abutting residential area should incorporate cycling facilities and connection to the King Avenue West cycle lane. 9.15 The southwest Stormwater Management Pond located adjacent to King Avenue West/Durham Highway 2 is a concern as Durham Highway 2 is planned to be developed to its fullest potential. The area of the southwest Stormwater Management Pond should be reconfigured and/or relocated. 9.16 In response to the Noise study the Region advised that any noise in excess of 55 dBA will not be acceptable. Alternative mitigation measures are to be explored by the Owner to reduce the anticipated attenuated noise levels on Blocks 355 and 356. The Region has also requires output data from the projection model for Blocks 352 to 360, and Lots 248, 249 and 391. 9.17 Prior to the Municipality of Clarington granting final approval for this draft plan of subdivision, the Region requires a clearance Letter from the Ministry of Tourism, Culture and Sport (MTCS) and any additional information. This letter should indicate that all cultural heritage resource concerns on the subject lands have been satisfied. The above requirement will be included as a condition of draft plan of subdivision approval. Should any artifacts of historical significance be discovered on the subject site during construction, the proponent will be required to cease construction and contact MTCS for further instructions. 9.18 Since the Phase One Environmental Site Assessment Report, dated November 2013, is more than 18 months old, as per MOECP guidelines, the Region requires that the report be updated to ensure that environmental conditions on the subject lands have not changed. The Region only accepts Record of Site Condition compliant ESA Reports. The above requirement will be included as a condition of draft plan of subdivision approval. Durham Region Works Department 9.19 The Region expects that servicing for the proposed subdivision will require a number of servicing upgrades to regional services prior to a subdivision agreement being issued by the Region. Water Supply 9.20 The subject lands are within the existing Newcastle Zone 1 and the planned Newcastle Zone 2 Water Pressure Districts. The unbuilt Zone 2 infrastructure translates into the proposed dwelling units with ground elevations above 105 metres (on streets F, G, and Grady) being on hold until the necessary Zone 2 infrastructure has been implemented. 9.21 A Municipal Class Environmental Assessment (EA) for the new Zone 1 reservoir and Zone 2 pumping station is underway and will review servicing requirements and zone Municipality of Clarington Report PSD -079-18 Page 14 boundaries. The Newcastle Water Supply Plant can currently serve approximately 12,000 people and the number being now served is a little over 10,000. Additional current population growth from the latter phases of Foster North Subdivision, the North Village Neighbourhood and the Kaitlin Developments are a challenge to the extent that they may impact the Regions ability to permit the Foster Northwest Subdivision to proceed before the expansion of the Newcastle Water Supply Plant. Sanitary Sewer 9.22 The Newcastle Water Pollution Control Plant can currently serve approximately 10,500 people and the number being now served is a little under 10,000. Additional current population growth from the latter phases of Foster North Subdivision, the North Village Neighbourhood and the Kaitlin Developments are a challenge to the extent that they may impact the Region's ability to permit the Foster Northwest Subdivision to proceed before the re -rating or optimizing of the operation of the Newcastle Water Pollution Control Plant. Durham Region is working on a capacity re -rating for the above plant from 4,091 M3 /day to 7,200m3/day. This re -rated capacity should be able to serve approximately 22,000. 9.23 The sanitary drainage for the Foster Northwest Subdivision and external sanitary drainage from lands west of Highway 35 & 115 are dependent on the extension of the Wilmot Creek Trunk Sanitary Sewer. 9.24 The proponent shall obtain an easement along the trunk sanitary sewer alignment west of the Diane Hamre Recreation Complex. The easement width shall be 20 metres as per Durham Region design standards for a major trunk sewer. Also, the proponent shall provide the recreation complex with a sanitary service connection to the proposed trunk sanitary sewer. 9.25 Due to the limited available capacity in the downtown sewer system, servicing is only available to the proposed school block via the existing 200mm sewer along Grady Drive to Rudell Road. Transportation 9.26 A 3 m road widening along King Avenue West/Durham Highway 2 is required. 9.27 The Newcastle Carpool Lot is located to the west of the subject lands. It is recommended that access to this side of the street be secured, such as a pedestrian connection over Wilmot Creek. 9.28 Bicycle lanes should be added to Grady Drive from Rudell Road to Street "A" and on Street "A" to King Avenue West/Durham Highway 2. 9.29 A potential transit stop for Durham Region Transit and GO Transit could be at the King Avenue West/Street "A" intersection. Supporting pedestrian facilities including a crossing on King Avenue West/Durham Highway 2 to access transit service on the south side would be required. This additional stop and the existing stop at Rudell Road enables a majority of the proposed dwellings to be within the recommended 400 metre Municipality of Clarington Report PSD -079-18 walking distance. Durham Region Transit is to be consulted about transit stop requirements at this intersection and this is a Condition of Draft Approval. Traffic Impact Study Page 15 9.30 Durham Region is aware of the operational difficulties for a non -signalized King Avenue West/Street "A" intersection and agrees with the study's recommendation that a traffic signal be installed as part of the development. 9.31 Durham Region recommends a sidewalk connection on the north side of King Avenue West/Durham Highway 2 between King Avenue West/Street "A" intersection and Rudell Road. Ganaraska Region Conservation Authority (GRCA) 9.32 The Ganaraska Region Conservation Authority has commented that the outfall of the proposed or southwest stormwater management pond is set almost 3.5 metres below the Regional Storm water surface elevation of Wilmot Creek at that location. While GRCA would permit the outfall to be located within the Regional Storm floodplain, it would not be permitted within the 1:100 year floodplain in order for the pond to be effective during that event. The matter has been discussed with the consultant and further discussion and analysis will be required. The size of the southwest pond block may have to change in order to be effective for all events up to and including the 1:100 year event. As a condition of approval all lots abutting the west pond shall be frozen until such time as all stormwater issues are satisfactorily addressed. 9.33 The existing southeast stormwater management pond, north of King Ave and west of Rudell Road is proposed to be expanded to accommodate the proposed residential development. However it has not been designed to accommodate stormwater from the future school site. In order to facilitate a potential redesign and further expansion of the pond, lots 16 to 20, inclusive, and Blocks 314 to 319, inclusive, shall be frozen until the design of the southeast stormwater management pond has been finalized, to the satisfaction of the Ganaraska Region Conservation Authority. 9.34 Comments on the 2nd Submission Draft Plan of Subdivision remain outstanding from: Hydro One —Low Voltage Distribution Facilities Division, Public School Board, Ministry of Transportation, and Infrastructure Ontario. 10. Departmental Comments Operations Department 10.1 The Operations Department noted that through further review and discussion of the 2nd Submission with Engineering Services staff it has no comments or concerns at this time. Municipality of Clarington Report PSD -079-18 Engineering Services Department Parkland Page 16 10.2 The proposed size and location of Park Block 372 is acceptable. A facility fit concept plan for this park concept will eventually be required to demonstrate that the proposed park size, configuration and topography will allow for the construction of park facilities to the satisfaction of the Municipality. This location is more central to the development and is preferred over a park block abutting the valley and Belmont House 10.3 Open Space Block 382 is also acceptable as it will provide an opportunity to construct a recreational trail along the east side of Wilmot Creek and an opening to the valley opposite the Heritage Area (Belmont House). Legal Closure of Given Road 10.4 Prior to approval of the subject Draft Plan, the Applicant will be required to obtain approval from the Council of the Municipality of Clarington for the legal closure of Given Road from Rudell Road to the westerly terminus of the unopen road allowance. The road allowance must be closed in its entirety. A legal closure of numerous parts of the road will not be considered. Any portions of the draft plan designated as future road allowance will be registered as road allowance at the time of registration of the subdivision. Roads 10.5 The Owner is responsible for 100% of the cost, financial and otherwise, for the reconstruction and installation of a roundabout at the intersection of Rudell Road and Grady Drive. The proposed draft plan of subdivision and all supporting plans and documents must be revised to incorporate the required roundabout intersection. The Landscape Plan as provided does not meet the Municipality's requirements for the Street Tree Planting Plan. Functional Servicing Report 10.6 A Functional Servicing Report has been submitted for this development. The Report must be amended to address the storm servicing for the future school block. Traffic 10.7 The Owner shall submit a further update to the updated Traffic Impact Study to include Grady Drives extension to Regional Road 17, the subsequent traffic implications, and recommendations to be fulfilled that mitigate any worsened traffic conditions. Development Agreement 10.8 The applicant must enter into a development agreement with the Municipality which includes all requirements of the Engineering Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. This will include addressing on -street parking, soils management and all Municipality of Clarington Report PSD -079-18 Page 17 typical requirements of the Department to the satisfaction of the Director of Engineering Services. Emergency & Fire Department 10.9 There are no fire safety concerns. 11. Discussion 11.1 Staff have been working on bringing forward a Secondary Plan for this neighbourhood to replace the Neighbourhood Design Plan. The recommendations in this report are based on implementing the policies and land use schedule contained within PSD -68-18. 11.2 The proposed draft plan of subdivision application has a slightly reduced number of units, at just under 500 but, the location of the secondary school site was moved from fronting the north side of King Avenue West to the northeast corner of the neighbourhood. A medium density block has been proposed along the King Avenue frontage with 105 units proposed in the current application. It is understood that the applicant has an arrangement to sell the medium density block to a party that wishes to construct a senior's assisted living and apartment facility, containing approximately 250 units. A further rezoning application will be submitted later. The current zoning bylaw amendment is only for townhouse units. 11.3 The Neighbourhood Park has been relocated to lands immediately surrounding the Belmont House. The park dedication will be based on 1 hectare per 300 units. Heritage Dwelling and Park 11.4 The view corridor and connection between Belmont House and Wilmot Creek appears to have narrowed with the current proposal. This is a concern for staff as the contextual value of the property is due to its proximity to Wilmot Creek. The creek actually fed and continues to feed a cellar spring in the house originally used as part of the salmon fish hatchery. This contextual value is noted in the Heritage Impact Assessment. 11.5 At the June 25, 2018 Planning and Development Committee meeting Myno VanDyke, Representative of Newcastle Village and District Historical Society made a presentation regarding the Belmont House and Wilmot Fish Hatchery. He noted the significance of the area to the Mississaugas (branch of Ojibwa Nation) for fishing and pigeons. He also provided background on the Newcastle Fish Hatchery and its historical significance. Mr. Van Dyke concluded his presentation urging the Committee to move the location of the proposed park, in the new development, from the centre of the development to beside the creek and the Belmont House. Municipality of Clarington Report PSD -079-18 Paue 18 Figure 3: Revised park layout 11.6 Planning staff worked through the summer on various options that would implement the vision presented by the heritage groups. The finalized park location will help to celebrate the heritage of the Belmont House and Wilmot Creek, while also providing park recreational functions to meet the needs of future residents. Municipality of Clarington Report PSD -079-18 Page 19 11.7 A revised layout for the park, generally in keeping with the Secondary Plan contained in PSD -068-18 was submitted on September 4, 2018, following the Public Open House for the Secondary Plan and further discussions with the applicant's consultants. The revised park layout, road and lotting is shown in Figure 3. The concept is acceptable in principle and the applicant's engineer has confirmed that from a civil engineering perspective the revised design provides more flexibility. Both Engineering and Planning Staff would require the plan to be revised to eliminate five lots along the east boundary of the park and create better frontage for the park. One lot would be reinstated north at the south limits of 11.8 The revised park location will wrap around the Belmont House on three sides. Vehicular access to Belmont House would be a driveway connection to the proposed north — south road east of the Belmont House. Subject to the red -line revisions suggested by staff, the park will provide opportunity for a programmed park area for the neighbourhood, as well as connections to the Wilmot Creek valley see Figure 4. The applicant has agreed to this revision subject to adding one additional lot north of the proposed driveway to the Belmont House. 77 Figure 4: Red -line revised park layout Municipality of Clarington Report PSD -079-18 Page 20 Environmental considerations 11.9 The applicant had an Environmental Impact Study completed to identify development limits including buffers in accordance with the current Official Plan policies. The study also identified Butternut Trees on the property, some of which the developers plan to remove to allow for the development. The proponents have been working with the Ontario Ministry of Natural Resources and Forestry (OMNRF) to address permits and compensation for the removal. As a Condition of Draft Approval, a Tree Identification and Protection Plan will have to be submitted for approval, with a focus on both Butternut Trees that are retainable and compensatory tree planting. Traffic and transportation 11.10 A traffic impact study was submitted with the applications. It noted that traffic problems should not be created or unduly increased if traffic signals and auxiliary turning lanes were installed at the north -south collector road/King Avenue West intersection. This would be the responsibility of the developer. The Region has also requested as a condition of draft approval improvements to the Highway 35/115 and Regional Hwy. 2 interchange including signalization which the owner should financial contribute towards. 11.11 A further update to the Traffic Impact Study is required as a condition of draft approval to review the Grady Drive extension to Regional Road 17 its impact and some specific transportation demand measures for consideration. 11.12 Construction traffic and phasing requirements for the residential development will be reviewed as conditions of approval. It is always the municipality's intent to keep construction traffic out of residential streets, including Rudell Road, to the extent possible. 11.13 A trail/walkway is identified in the Official Plan and Secondary Plan along the Wilmot Creek, the boundary of the neighbourhood abutting Highway 35/115 and the CP Rail line connecting to the Foster Creek. The Given Road, road allowance is to be closed and conveyed and incorporated into the proposed draft plan of subdivision. Connections from the existing stormwater management pond, north of King Ave and west of Rudell Rd to the Wilmot Creek valley will be possible through future sidewalks in the proposed roads. Schools 11.14 The public school board acquired lands in the northeast end of the neighbourhood with plans to build a school there as opposed to abutting King Avenue West. The grades of the land are less severe and therefore they considered this site easier and more practical to construct a building with a large foot print as well as required sports facilities in this location. The school site is not within the limits of the development and the school board has recently advised that an elementary school is likely to be built on this site first. However, timing will dependent on funding. Municipality of Clarington Report PSD -079-18 Page 21 Other 11.15 In response to the issues raised by the nearby resident, a typical condition of approval includes a requirement for the installation of a 1.8 metre wood privacy fencing around the perimeter of the medium density block, especially where it abuts existing uses. Switching the location of the pond and medium density block is not possible as there is a watershed divide between Wilmot Creek and a tributary leading to this creek that the conservation authority did not want modified. The applicant's agent suggested it is unlikely the condominium townhouses would be part of Phase 1. 11.16 Some lots abutting both the existing, expanded stormwater management pond and the newly proposed pond will be frozen until detailed engineering can confirm the area is not needed for the ponds. 12 Concurrence Not Applicable. 13 Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application for draft approval of Plan of Subdivision S -C-2017- 0005 be supported as red -line revised and subject to conditions of Draft Approval contained generally as contained in Attachment 1 to be finalized by the Director of Planning Services. The rezoning application be approved and a by-law as contained in Attachment 2 be approved. 14 Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan in supporting opportunities for a variety of affordable house types. Municipality of Clarington Report PSD -079-18 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Page 22 Reviewed by: Andrew C. Allison, B. Comm, LL.B Chief Administrative Officer Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell clarington.net Attachments: Attachment 1: Proposed Conditions of Draft Approval Attachment 2: Zoning By -Law The a list of the interested parties to be notified of Council's decision is on file with the Planning Services Department BR/CP/nl I:\^Department\LDO NEW FILING SYSTEMWpplication Files\SC-Subdivision\S-C-2017\S-C-2017-0005 Foster Northwest\Staff Reports\PSD-079-18\PSD-079-18.docx Clarftwn CONDITIONS OF DRAFT APPROVAL File Number: Issued for Concurrence: Notice of Decision: _ Draft Approved: David J. Crome, MCIP, RPP Director of Planning Services Municipality of Clarington Part 1 — Plan Identification Attachment 1 to Report PSD -079-18 The Owner shall have the final plan including a land use table prepared on the basis of approved draft plan of subdivision S -C-2017-0005, prepared by D.G. Biddle & Associates identified as job number 112092, dated May 24, 2018, as revised with a plat date of September 4, 2018 , which illustrates: 303 single detached lots; 188 townhouses — 83 street townhouses, and 105 block townhouses accessed by private lane and condominium in tenure; Part Lots, a neighbourhood park, walkway, a stormwater management pond, two blocks for expansion to the existing storm water pond west of Rudell Road and north of King Avenue, open space, road widenings, 0.3m reserve blocks but, not including the future school site or the Heritage Area for the Belmont House. The redline revisions are: Since all of the Given Road allowance remains in the Municipality's ownershipat this time, none of it should be shown as part of the proposed draft plan of subdivision (DP -1). 2. The road allowances shown on the proposed draft plan of subdivision (DP -1) are to be labelled consistent with the On -street Parking Distribution Plan (PK -1). 3. 15m X 15m sight triangles from the widening northward at the Durham Highway 2/Street "A" northwest and northeast quadrants as requested by the Region of Durham. 4. Block 388, a 0.3m reserve is required to extend to the full frontage of the northeast sight triangle of the Durham Highway 2/Street "A" intersection. 5. Block 385 shall be relabelled as to be retained by Owner. 6. The lots and part lots abutting the east side of the Park Block, south of the Access Block to the Belmont House shall be deleted and the land incorporated into the Park Block. 7. The two Park Blocks abutting the Wilmot Creek valley be adjusted to delineate the limits of the Open Space lands consistent with the Environmental Impact Study submitted in support of the application and to incorporate the 14 metre setback limit along Highway 35/115. The Open Space lands be dedicated gratuitously to the Municipality of Clarington. 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 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality of Clarington and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings, provisions of the Municipality of Clarington's Development By-law, all applicable legislation and to the satisfaction of the Director of Engineering Services. 2.4 Reference to lots and blocks contained within these conditions of Draft Approval will be revised to reflect a final red -line revised plan that is appropriately labelled. Architectural Control 2.5 (1) The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for 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 architectural control guidelines specific to the Foster Northwest Neighbourhood are approved and the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the architectural control Page12 guidelines for the development and the 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 2.6 (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. 2.7 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. Part 3 — Final Plan Reauirements 3.1 All road allowances shown on the draft plan, and identified by letter in the On -street Parking Distribution Plan (PK -1) or by existing name, shall be dedicated to the Municipality upon registration of the final plan. 32 The Owner shall transfer to the Municipality of Clarington (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) The three Park Blocks as red -lined revised be dedicated for park or other public recreational area shown as three Blocks 372, 373 and 374 on the draft plan. Page13 (b) Open Space Lands as red -line revised and shown in Blocks 386 to 387, and unlabelled blocks abutting Highway 35/115, on the draft plan. (c) Stormwater Management Pond as shown in Blocks 381, 383, 384 and 385 on the draft plan. (d) 0.3 metre Reserves shown as Blocks on the draft plan. 3.3 The Owner shall transfer to the Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings x An approximately 3.0 metre road widening sufficient to provide a minimum of 18.0 metres measured from the centerline of Durham Highway 2 across the entire frontage of Durham Highway 2 shown as Blocks on the draft plan. (b) Sight Triangles x 15 metre x 15 metre sight triangles at the northwest and northeast corners of the intersection of the Site Access, that is, Street "A" and Durham Highway 2, measured from the widened right-of-way. Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration 4.1 The Owner shall submit the following plans and reports or revisions thereof: Tree Preservation Plan (1) The Owner shall submit a Tree Identification and Protection Plan, consistentwith the Foster Northwest Neighbourhood Design Plan Environmental Impact Study, dated May 2018, and focussing on the Butternut Trees that are retainable, primarily in the vicinity of the Given Road allowance but, also in the vicinity of the collector street/Street "A" allowance. Where retention is not feasible, compensatory tree planting shall be on an aggregate inch replacement basis for the trees being removed. Planting Plan (2) The Owner shall submit a planting plan to the Ministry of Natural Resources and Forestry and the Municipality of Clarington for approval that will facilitate compensation for butternut trees that have been and will be removed; Bird Habitat Compensation Plan (3) The Owner shall submit a plan to the Ministry of Natural Resources and Forestry and the Municipality of Clarington for approval that will facilitate compensation for Page14 barn swallow nesting habitat loss through agricultural building removal at 302 Given Road. Erosion and Sedimentation Control Plan (4) The Owner shall submit an Erosion and Sedimentation Control Plan, consistent with the Foster Northwest Neighbourhood Design Plan Environmental Impact Study, dated May 2018, for approval by the Ganaraska Region Conservation Authority and the Municipality of Clarington. Phasing Plan (5) The Owner shall submit plans showing the proposed phasing to the Municipality and the Region for review and approval if this subdivision is to be developed by more than one registration. The Phasing Plan must show how the roads and associated infrastructure within each phase are intended to connect to subsequent phases of development, including the provision of temporary or transitional works such as temporary turning circles, external easements for temporary turning circles, and associated frozen lots. The Municipality shall require the preparation of a subdivision agreement for each phase of development. Update to Traffic Impact Study (6) The Owner shall submit a further update to Traffic Impact Study to include Grady Drives extension to Regional Road 17, the subsequent traffic implications, and recommendations to be fulfilled that mitigate any worsened traffic conditions to the satisfaction of the Director of Engineering Services. Noise Report (6) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region, for review and approval, an updated noise report, based on the revised preliminary noise report entitled Noise Impact Study for Proposed Draft Plan of Subdivision, Foster Northwest Neighbourhood prepared by D.G. Biddle & Associates Limited, revised May 2018, Project No. 112092, The updated noise report is to consider alternative mitigation measures in order to reduce the anticipated attenuated noise levels in Blocks 355 band 356 to meet Ministry of Environment, Conservation and Parks criteria. The updated noise report is to include output data from the projection model for Blocks 352 to 360, and Lots 248, 249 and 391. The recommendations of the report once approved shall be included in the Plan of Subdivision Agreements signed with the Municipality of Clarington. Functional Servicing Report (7) The Owner shall submit an updated Functional Servicing and Stormwater Drainage Report which includes storm servicing provisions for the future school block northeast of the subdivision, all satisfactory to the Director of Engineering Services and Ganaraska Region Conservation Authority. Page15 Community Theme Plan (8) The Owner shall submit a "Community Theme Plan" to the Director of Planning Services and Director of Engineering Services for approval. Such plan shall include design concepts for a community theme including gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location and configuration of parks, trails and open space buffers. All Engineering Drawings shall conform to the approved Community Theme Plan. (9) Phase One Environmental Site Assessment The Owner shall submit an Updated Phase One Environmental Assessment, as the November 2013 assessment is clearly more than 18 months old, the limit in the MOECP guidelines, to satisfy Durham Region that environmental conditions on the subject lands have not changed. The Region only accepts Record of Site Condition compliant ESA Reports. Environmental Sustainability Plan (10) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan entitled Energy Efficiency and Sustainability Plan, prepared by D.G. Biddle & Associates Limited, dated August 1, 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 (11) 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 stockpiling on the Lands. All imported material mustoriginate 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. Page16 Dust Management Plan (12) 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 Aareement 5.1 Lands Requiring Site Plans The Owner shall not make an application for a building permit in respect of Block 371 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 Legal Closure of Given Road Prior to final approval of the plan of subdivision, the Owner will be required to obtain approval from the Council of the Municipality of Clarington for the legal closure of Given Road from Rudell Road to the west terminus of the unopened Given Road allowance. The road allowance must be closed in its entirety. A legal closure of numerous parts of the road will not be considered. 5.3 Future Road Allowance Any portions of the draft plan of subdivision designated as future road allowance will be registered as road allowance at the time of registration of the plan of subdivision. 5.4 Parkland (1) The Owner shall convey the three blocks as red -lined revised abutting the Wilmot Creek valley and and surround the Belmont House to the Page17 Municipality for park or other public recreational purposes in accordance with section 51.1 of the Planning Act, R.S.O. 1990, c.P. 13. (2) In Section 5.4, "Park Plan" means a plan prepared by a qualified landscape architect showing: (a) all proposed park features including walkways, playgrounds, sports fields and seating areas; and (b) the proposed grading and stormwater drainage system to demonstrate that the proposed park size, configuration and topography will allow for the construction of park facilities. (3) An Authorization to Commence shall not be issued for any Works until the Owner has submitted and the Director has approved the Park Plan. (4) The Owner shall construct, and ensure the Engineering Drawings incorporate the final grades for the park including 200 mm minimum topsoil and seeding, sodding, fencing, all storm sewer servicing within the park and provision of sanitary sewer, water connections and hydro service to the park property line along the park frontage. (5) For purposes of the Subdivision Agreement, all works under the section 5.4(5) are considered a separate Works Component with a minimum maintenance period of 2 years. (6) The park described in Section 5.4 has to be constructed prior to building permit issuance in Phase 2 of the subject plan of subdivision. 5.5 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the required updated noise report entitled as contained in condition 4.1(6) (2) The Owner shall not make an application for a building permit forany building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report. 5.6 Part Lots or Blocks All Part Lots shown on the proposed draft plan of subdivision that provide frontage for a future residential lot once Given Road has been closed and conveyed shall be: (a) pre -serviced with water, sanitary and storm sewers, and (b) graded, seeded and maintained by the Owner to the satisfaction of the Director of Engineering Services. Page18 5.8 Durham Highway 2 and Street "A" Intersection The Owner shall pay 100% of the cost for design and implementation of signalization for the Durham Highway 2 (King Avenue West) and Street "A" Intersection including appropriate auxiliary turning lanes. A functional design is to be provided that should include appropriate left turn tapers, storage and deceleration lengths that adhere to Regional standards for an 80 km/hr design speed that is posted at 60 km/hr. It is expected that traffic volumes at the intersection will warrant the inclusion of a westbound right -turn lane based on Regional right -turn guidance. This signalized intersection is to be assessed for street lighting levels with its design including required improvements to meet Regional lighting standards. 5.9 Durham Highway 2/King Avenue West and Rudell Road Intersection The Owner shall pay 100% of the cost of adjusting the signal timing plan at the Durham Highway 2/King Avenue West and Rudell Road Intersection to provide protected times for the eastbound and westbound left turn movements. 5.10 Westside and Eastside Ramps at Durham Highway 2/Highway 35/115 Intersection The Owner, at the direction of the Ministry of Transportation of Ontario, the Region of Durham and the Municipality of Clarington, shall contribute to the cost for congestion mitigation design and implementation for the Westside and Eastside Ramps at Durham Highway 2/Highway 35/115 Intersection, including signalization of the intersection. 5.11 Roundabout The Owner is responsible for 100% of the cost, financial and otherwise, for the reconstruction and installation of a roundabout at the intersection of Rudell Road and Grady Drive. The proposed draft plan of subdivision (DP -1) and all supporting plans and documents must be revised to incorporate the required roundabout intersection. 5.12 Corner Lots The Owner must submit a plan drawing indicating the proposed entrance and driveway location for all corner lots. The proposed entrances must conform to all current zoning requirements. Any future dwellings constructed on corner lots within the draft plan must have entrances, driveways and garages that are compatible with the final plan of subdivision. Linked driveways will not be permitted. 5.13 The May 25, 2018 Functional Servicing and Stormwater Drainage Report must be revised, in consultation with the Clarington Engineering Services Department, to address storm servicing for the future school block. Page19 5.14 The Owner is to ensure any construction at the site maybe subject to vehicle load restrictions (half -loads) between March 1 st and May 1 st each year. 5.15 Excavation of Rudell Road is not permitted between December 1St and April 30th An appropriate clause must be included in the Subdivision Agreement. 5.16 During the full period of construction the Owner will be required to guard against any mud tracking from the site onto the area roadways. Protection measures shall include mud mats and/or a regular program of roadway sweeping and flushing. A response by the Operations Department for unsatisfactory road conditions will result in the back -charge of all associated costs plus a 35% administration fee. 5.17 The Owner is to work with the Municipality of Clarington to finalize the trail route and related connections prior to approval of the final plan of subdivision. 5.18 Lots 106 to 109 (inclusive) and Blocks 352 to 354 (inclusive) cannot be developed until a Stage 3 Archaeological Assessment is completed for the Euro - Canadian Site registered as AIGp-93. 5.19 The Owner will need to submit a study that demonstrates Belmont House will not suffer vibration damage once servicing begins in the area. 5.20 Transit Stop(s) Durham Region Transit is to be consulted on their transit stop requirements atthe Durham Highway 2 (King Avenue West) and Street "A" Intersection and these should be included in the functional design. 5.21 Trail The Owner shall pay for up to 100% of a trail connection through the Open Space block at the west limits of the site, the park block and the Open Space block abutting Highway 35/115. 5.22 Utilities (1) Lots and Blocks above the ground elevation of 105.00 metres will be frozen until the Zone 2 Water Pressure District Distribution System including reservoir capacity and a pumping station, is fully operational. (2) The east side of Street "J" must be fully serviced with water, sanitary sewer, storm sewer, hydro, telephone and cable television for anyfuture lots that may front onto Street J. (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. Page110 Part 6 — Agency Conditions 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (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) The Owner shall, prior to final approval of the plan of subdivision, or any phase thereof, submit satisfactory evidence to the Region in accordance with the Regions Site Contamination Protocol to address site contamination matters. Such evidence may include the completion of a Regional Reliance Letter and Certificate of Insurance. (7) The Owner, prior to registration of the Plan of Subdivision, shall provide the Municipality of Clarington with confirmation from a qualified engineer that any existing private sewage system shall be properly decommissioned /abandoned in accordance with Ministry of Environment, Conservation and Parks regulations. Page111 (8) No grading or other soil disturbance shall take place on the subject properties prior to a letter of clearance for the archaeological assessment is sent from the Ministry of Tourism, Culture and Sport. 6.2 Conservation Authority Stormwater Managment (1) To facilitate a potential redesign and expansion of the southwest Stormwater Management Pond, Blocks 367, 368, 369 and 370, and Lots 236 and 237 shall be frozen until the design of the southwest Stormwater Management Pond has been finalized, to the satisfaction of the Ganaraska Region Conservation Authority and the Municipality of Clarington. (2) To facilitate a potential redesign and expansion of the existing southeast Stormwater Management Pond to accommodate stormwater from the school site, Lots 16 to 20, inclusive, and Blocks 314 to 319, inclusive, shall be frozen until the design of the southeast Stormwater Management Pond has been finalized, to the satisfaction of the Ganaraska Region Conservation Authority. (3) Prior to final approval of the subject plan of subdivision and to any grading taking place on the site, the May 25, 2018 Functional Servicing and Stormwater Drainage Report must be revised to detail stormwater management in accordance with current Ministry of the Environment, Conservation and Parks (MOECP) criteria and submitted to the satisfaction of the Municipality of Clarington and the Ganaraska Region Conservation Authority. Permits and Approvals (4) An Authorization to Commence shall not be issued for any Works unless the owner has submitted to the Municipality a copy of the permit issued by the Ganaraska Region Conservation Authority under the Lakes and Rivers Improvement Act, R.S.O. 1990 c. L.3 for proposed work in the regulated area. (5) 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 Ganaraska Region Conservation Authority for reports describing the following: (a) The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Master Plan; Page112 (b) The anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; (c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the 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 other related works, to comply with the Canada Fisheries Act; and (d) On-site groundwater conditions and contributions to the base flow of Wilmot Creek and necessary measures to maintain these contributions. (6) The Owner agrees in the Subdivision Agreement to carry out or cause to be carried all of the measures and recommendations contained within the reports approved under Conditions (3) and (5), and maintain all erosion and sediment control devices in good repair during the construction period in a manner satisfactory to the Municipality of Clarington and the Ganaraska Region Conservation Authority. (7) The Owner's Engineer is to confirm in writing that there are no external areas draining into the proposed draft plan of subdivision. (8) Regarding pre -development flows, in the Functional Servicing and Stormwater Drainage Report, Tables 6 and 7 are inconsistent but should be consistent. Appropriate revision by the Owner's Engineer is required. (9) The Owner shall satisfy all permit and financial requirements of the Ganaraska Region Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 6.3 Ministry of Transportation (1) Entrances/exits off Hwy. 35/115 are not permitted; (2) All development is to be setback 14 metres from the MTO, that is, Hwy. 35/115 property line, or where applicable, 14 metres from future highway additional land widenings where there are such plans; (3) Works within an MTO Right of Way require an MTO Encroachment Permit; (4) Works within an MTO Permit Control Area require an MTO Building and Land Use Permit and such areas are defined as within, among other Page113 parameters that could apply elsewhere, 45 metres of a highway property line, and this includes the north edge of the housing development; and (5) MTO Sign permits are required for any signs which are visible from Highway 35/115. 6.4 School Board (1) All Subdivision Agreements for the subject draft Plan between the Municipality of Clarington and the Subdividers/Owners contain a requirement that all Purchase and Sale Agreements for all phases of the approved draft plan contain a clause advising all potential purchasers that while a school site has been reserved adjacent the approved draft Plan of Subdivision for the Kawartha Pine Ridge District School Board, that it may not be constructed as a school site. All potential purchasers are further advised than an existing Kawartha Pine Ridge District School Board school will be used to accommodate all public board pupils until such time as any new school can be constructed adjacent the draft Plan. If a new school is not constructed adjacent the approved draft Plan, than all pupils will be accommodated at an existing public board school site. (2) No topsoil or fill stockpiling, no construction storage or construction use of any kind shall be carried out by the Subdivider/Owner on the proposed school site adjacent the draft Plan of Subdivision. 6.8 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 Northeastern Archaeological Associates Limited, and dated April 4, 2017, have been addressed through measures such as preservation, resource removal, licensing anc resource conservation requirements. 6.9 Canada Post Corporation (1) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. Page114 (c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner 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 within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 6.10 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) The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. (3) 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. Page115 Part 7 — Standard Notices and Warninas 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 agrees to insert in all Purchase and Sale Agreements Warning Clauses as recommended in the Noise Study once updated to reflect the red- lined revised plan in accordance with Condition 4.1 (6) and approved. 7.5 Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for all residential units in Lots or Blocks: "Farm Operations —There are existing farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants." 7.6 Nearby Park The Owner shall include the following warning clause in agreements of purchase and sale for Lots 78-100, 122-124, 208-215 & 257; and Blocks 306-309, 310, & 342-351: "Park - The adjacent Blocks 372-374 are designated for parkland uses including community events and recreation facilities which, when developed, may contain active lighted facilities for night-time services." 7.7 Nearby Public Walkway The Owner agrees to include in all Offers of Purchase and Sale for lots abutting Block Open Space Block that are near the future Multi -Use Path(s) the following warning. The exact lots and blocks will determined once the red -lined revised plan is received. "the Multi -Use Path which is in or near to Block 386, has been designated for use as a public walkway which, when developed, may contain active lighted facilities for night-time service Page116 7.11 Chain Link Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 78-100, 236-249, 391; and Blocks 355, 356, 367 to 370: "Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent park, stormwater management pond or open space. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence." 7.13 Noise Attenuation Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 248, 249, & 391; and Blocks 355 & 356: "Noise Attenuation Fencing - Noise attenuation fencing is a required feature for this lot to assist in reducing the noise levels to comply with Ministry of the Environment, Conservation and Parks (MOECP) standards. This fencing must be located on the private property portion of the lot and must be designed and constructed in compliance with the recommendations of the noise attenuation report entitled Noise Impact Study for Proposed Draft Plan of Subdivision, Foster Northwest Neighbourhood prepared by D.G. Biddle & Associates Limited, revised May 2018, Project No. 112092 (the "Noise Report"). The maintenance of this fencing is the responsibility of the owner of the lot after the developer has been released from any further responsibility for the fence." 7.14 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) Durham Region on how Conditions 2.2, 3.3, 4.1(2), 4.1(3) and 6.1 have been satisfied; (b) Ganaraska Region Conservation Authority, on how Conditions 4.1(4) and 6.2 have been satisfied; Page117 (c) Ministry of Transportation - Ontario, on how Condition 6.3 has been satisfied; and (d) Ministry of Culture, Tourism and Sport, how Condition 6.9 has 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 bewithdrawn at any time prior to final approval. 9.3 If final approval is not given to all of this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 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) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario LIA 3W4 (905) 885-8173. (c) Ministry of Transportation, Atrium Tower, 7th Floor, Building "D", 1201 Wilson Avenue, Downsview, Ontario M3M U8 (d) Ministry of Tourism, Culture and Sport, Hearst Block, 9th Floor, 900 Bay Street, Toronto, ON M7A 2E1 Page118 Attachment 2 to Report PSD -079-18 Corporation of the Municipality of Clarington By-law Number 20 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2017-0007; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By-law 84- 63 is amended as set out in Sections 2 through 4 of this By-law 2. "Section 12.4 "Special Exceptions – Urban Residential Type One (R1) Zone" is hereby amended by adding thereto, the following new Special Exception: 12.4.100 Urban Residential Exception (R1-100) Zone Notwithstanding 12.2 b. i) those lands zoned "R1-100" on the Schedules to this By-law shall only be used subject to the following zone provisions: a. Lot frontage (minimum) 6 metres 3. "Section 14.6 SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R3) ZONE is hereby amended by adding thereto new Special Exceptions as follows: SECTION 14.6.57 URBAN RESIDENTIAL EXCEPTION (R3-57) ZONE Notwithstanding Sections 3.1 g. i) and iv), 14.2, 14.3 a., b., c., i), ii), iii), e. g.; and 14.4 shall only be used for street townhouse dwellings, subject to the following regulations: a. Lot Area (minimum) 210 square metres b. Lot Frontage (minimum) i) Interior Lot 7. 0 metres ii) Exterior Lot 10. 5 metres C. Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4. 0 metres to dwelling; 2. 0 metres to porch ii) Exterior Side Yard 6. 0 metres to private garage or carport; 4.0 metres to dwelling; 2. 0 metres to porch iii) Interior Side Yard 1. 2 metres; nil where a building has a common wall with any building on an adjacent located in a R3-57 zone d. Special Yard Regulation i) Bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2. 4 metres, but in no instance shall the interior side yard be reduced below 0. 6 metres. ii) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metres. e. Lot Coverage (maximum) i) Dwelling 55 percent f. Height of floor deck of unenclosed porch above finished grade 1.0 metres (maximum) g. Height (maximum) i) 1 Storey dwelling 8. 0 metres ii) All other residential units 10. 5 metres" 4 Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1) Zone" to "Holding Urban Residential Exception (R2- 54) Zone"; "Agricultural Exception (A-1) Zone" to " Holding Urban Residential Exception (R2- 71) Zone"; "Agricultural Exception (A-1) Zone" to " Holding Urban Residential Exception (R2- 72) Zone; "Agricultural Exception (A-1) Zone" to " Holding Urban Residential Exception (R3- 52) Zone"; "Agricultural Exception (A-1) Zone" to " Holding Urban Residential Exception (R3- 57) Zone"; "Agricultural Exception (A-1) Zone" to " Urban Residential Type One (R1) Zone" "Agricultural Exception (A-1) Zone" to " Urban Residential Type Exception (R1- 100) Zone" and "Agricultural Exception (A-1) Zone" to " Environmental Protection (EP) Zone"; as illustrated on the attached Schedule `A' hereto. 5. Schedule `A' attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 24 (2), 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 \\netapp5\group\Planning\^Department\LDO NEW FILING SYSTEMWpplication Files\SC-Subdivision\S-C-2017\S-C-2017-0005 Foster Northwest\Staff Reports\PSD-079-18Wttachment 2 - Draft Zoning By-law.docx This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. N W E S �a J 3y �o oc a, I� 0 Durham Highway 2 I - - Zoning Change From "(H)R1-67" To "(H)R2-54" Zoning Change From "A-1" To "R1-100" - Zoning Change From "A-1" To "(H)R2-54" Zoning Change From "A-1" To "R1" Zoning Change From "A-1" To "(H)R2-71" Zoning Change From " EP" To "R1" Zoning Change From "A-1" To "(H)R2-72" Zoning Change From " EP" To "(H)R2-72" - Zoning Change From "A-1" To "(H)R3-52" Zoning Change From "A-1" To "EP" ® Zoning Change From "A-1" To "(H)R3-57" Zoning To Remain "EP" Adrian Foster. Mayor Newcastle • ZBA 2017-0007 Schedule 5 C. Anne Greentree, Municipal Clerk