HomeMy WebLinkAbout04/23/19Final
C1114rington
Planning and Development
Committee
Agenda
Date: Tuesday, April 23, 2019
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
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General Government Committee meeting, the Municipality will be audio recording you
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Copies of Reports are available at www.clarington.net
CIarifl#oII Planning and Development Committee Agenda
Date: April 23, 2019
Time: 7:00 PM
Place: Council Chambers
1 Call to Order
2 New Business — Introduction
Members of Committee are encouraged to provide the Clerk's Department, in advance of the
meeting, a copy of any motion the Member is intending to introduce, (preferably electronic)
such that staff could have sufficient time to share the motion with all Members prior to the
meeting.
3 Adopt the Agenda
4 Declaration of Interest
5 Announcements
6 Adoption of Minutes of Previous Meeting
6.1 April 1 Minutes Minutes of a Regular Meeting of April 1, 2019 Page 4
7 Public Meetings
No Public Meetings
8 Delegations
No Delegations
9 Communications - Receive for Information
There are no Communications to be received for information.
10 Communications— Direction
10.1 Region of Ralph Walton, Regional Clerk/Director of Legislative Page 20
Durham Services, The Regional Municipality of Durham, Regarding
Envision Durham — Agriculture and Rural System
Discussion Paper (2019-P-12)
(Refer to Staff)
Page 2
CIarifl#oII Planning and Development Committee Agenda
Date: April 15, 2019
Time: 7:00 PM
Place: Council Chambers
11 Presentations
11.1 Sarah Allin, Planner II, Heritage, Regarding Report PSD -025-19, Recommendation to
Add Eight (8) Properties to the Municipal Heritage Register
12 Planning Services Department Reports
12.1 PSD -024-19 An Application by Brookfield Residential (Ontario) Limited Page 22
for Draft Plan of Subdivision and Rezoning to permit the
development of 25 single detached homes in Newcastle
Village
12.2 PSD -025-19 Recommendation to Add Eight (8) Properties to the Page 47
Municipal Heritage Register
13 New Business — Consideration
14 Unfinished Business
None
15 Confidential Reports
No Reports
16 Adjournment
Page 3
Clarftwn Planning and Development Committee
Minutes
April 1, 2019
If this information is required in an alternate accessible format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
Minutes of a meeting of the Planning and Development Committee held on Monday,
April 1, 2019 at 7:00 PM in the Council Chambers.
Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill,
Councillor M. Zwart
Staff Present: A. Allison, M. Seaman, F. Langmaid, 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
Suspend the Rules
Resolution #PD -035-19
Moved by Councillor Hooper, seconded by Councillor Anderson
That the Rules of Procedure be suspended; and
That Michael Fry be added as a delegation regarding Report PSD -020-19, Extension to
Draft Approval for 19 Estate Residential Lots.
Carried
Resolution #PD -036-19
Moved by Mayor Foster, seconded by Councillor Jones
That the Agenda for the Planning and Development Committee meeting of April 1, 2019
be adopted as presented with the addition of the delegation of Michael Fry as Item 8.5.
Carried
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4 Declarations of Interest
Planning and Development Committee
Minutes
April 1, 2019
Later in the meeting, Councillor Zwart declared an indirect interest in Report PSD -023-19
regarding a request to amend Interim Control By-law 2018-083 for 10 Victoria Street
Bowmanville.
5 Announcements
Members of Committee announced upcoming community events and matters of
community interest.
Michael Seaman, Director of Planning Services introduced Sarah Allin, Planner II.
6 Adoption of Minutes of Previous Meeting
Resolution #PD -037-19
Moved by Councillor Zwart, seconded by Councillor Traill
That the minutes of the regular meeting of the Planning and Development Committee,
held on March 11, 2019, be approved.
Carried
7 Public Meetings
7.1 Application for a Proposed Zoning By-law Amendment
Applicant: Lynstrath Developments Inc. (Esquire Homes)
Report: PSD -018-19
Location: 3 Lawson Road, Courtice
Brandon Weiler, Planner, made a verbal and electronic presentation to the Committee
regarding the application.
Libby Racansky, local resident, spoke in opposition to the application. She explained
that she is concerned with the removal of the trees from the property. Ms. Racansky
would like the developer to be responsible for replanting trees in the area.
Sandy Brittain, local resident, spoke in opposition to the application. Ms. Brittain is
concerned with the large number of units and that they will not allow for enough
greenspace. She noted that the yards will be 3m by 3.5m, which is not enough room.
Ms. Brittain explained that the proposed parkette will only be 1,248 square feet. She
advised the Committee that she would like the number of units to be reduced. Ms.
Brittain would like the centre units to be removed to allow for more greenspace. She
mentioned that she is concerned with the amount of parking spaces allotted per unit and
visitor parking spaces, and that cars will be parked on the street. Ms. Brittain explained
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that the sidewalks the developer is proposing will not connect to anything in the
neighbourhood and ends at the edge of the developer's property. She is concerned with
the impact the development will have on the traffic in the area. Ms. Brittain advised the
Committee that the proposal is not in keeping with the current character of the area and
would like to see more bungalows developed for people with disabilities. She highlighted
sections 5.3.2 and 5.4.1 of the Clarington Official and explained that Lawson Road does
not have the infrastructure yet to support the new development.
Dave Brittain, local resident, spoke in opposition to the application. Mr. Brittain stated
that he is concerned with the timeline of when the extension of Adelaide Avenue will be
complete. He explained that the infrastructure should be in place before any
development is done in the area.
David Astin, local resident, spoke about his concerns with the application. Mr. Astin
explained that he is not opposed to development but he is concerned with the proposed
development of 28 townhomes on a small property of only 1.7 acres. He advised the
Committee that currently there are only 23 homes on the street and this developments
would double that. Mr. Astin noted that the plan is not consistent with the current
landscape of the neighbourhood. He explained that all of the homes located on Lawson
Road are unique and the proposed development will not respect the character of the
neighbourhood. Mr. Astin stated that he is also concerned with the limited amount of
parking available for the proposed development. He explained that Lawson Road does
not have sidewalks and, with the potential increase of on street parking, people will be
forced to walk on the road. Mr. Astin stated that the traffic in the area is busy at times
making it dangerous to turn on and off of Townline Road and further that the proposed
development will increase traffic. He explained that there have been multiple accidents
and there should be a traffic safety plan completed before any development is approved.
Tony Slavin, local resident, spoke in opposition to the application. Mr. Slavin explained
that he is concerned with the traffic and pedestrian safety in the area. He stated that
traffic in the area will increase and that a traffic study should be done. Mr. Slavin
mentioned that the proposed development will depreciate the values of the properties in
the surrounding area. He stated that this amount of density should not be on this
property and does not fit with the character of the neighbourhood.
Bill Calder, local resident, spoke in opposition to the application. Mr. Calder explained
that, as a retired police officer, he is concerned with the increase of the traffic that may
result due to the proposed development. He stated that the area of Lawson Road and
Townline Road is a high risk traffic area and has seem multiple accidents over the years.
Mr. Calder urged the Committee to travel in that area to see the traffic for themselves.
He stated that a traffic safety study should be done first before the development is
approved.
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Gary Merkler, local resident, spoke in opposition to the application. Mr. Merkler advised
the Committee that he moved from Toronto to Courtice to get away from high density
development. He explained that the proposed development does not fit the surrounding
neighbourhood character and that this development will ruin the area of Courtice.
Mr. Merkler stated that he is concerned that traffic will increase.
Councillor Traill left the meeting at 7:35 PM.
Melodie Atanowski, local resident, spoke in opposition to the application. Ms. Atanowski
explained that the volume of traffic on Townline Road has increased in the last five years
and will increase even more with this proposed development. She explained that the
neighbourhood has a poor walking score and, with only six visitor parking spots, people
will be parking on Lawson Road, which means people will have to walk in the middle of
the road. Ms. Atanowski noted that there needs to be more parking within the
development. She stated that there also needs to be more greenspace since the
nearest park is at S.T. Worden Public School. Ms. Atanowski explained that the density
of the proposed development should be reduced to fit with the character of the
neighbourhood.
Joanna Longworth, local resident, spoke in opposition to the application. Ms. Longworth
explained that she is concerned with traffic, on street parking and the lack of
consideration to the character of the neighbourhood.
Councillor Traill returned to the meeting at 7:43 PM.
She stated that proposed development does not respect the existing physical character
of the neighbourhood. Ms. Longworth advised the Committee that there are only 23
detached homes on Lawson Road and the proposal will double the amount of homes.
She explained that the proposed development will tower over the bungalows and that
they are incompatible with the existing neighbourhood.
Roman Sobczak, local resident, spoke in opposition to the application. Mr. Sobczak
stated that the proposed development does not fit with the existing character of the
neighbourhood. He explained that he is concerned with the safety in the neighbourhood.
Melissa Hall, local resident, spoke in opposition to the application. Ms. Hall stated that
she supports her neighbours' previous comments. She explained that she is concerned
with the increase of noise due to the air conditioning units affixed to the proposed
townhouse units facing her property. Ms. Hall would like the tress to remain on the
property to create privacy. She is concerned with the amount of homes to be developed
on the small amount of land.
Kirsty Mason, local resident, spoke in opposition to the application. Ms. Mason
explained that she is concerned with the proposed development not being in keeping
with the current character and charm of the neighbourhood. She stated that the
proposed development lacks an adequate amount of greenspace for future residents.
Ms. Mason mentioned that there are currently no sidewalks on Lawson Road for
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pedestrian traffic. She stated that the proposed development does not have an
adequate amount of parking and is concerned with the increased street traffic. Ms.
Mason explained that she is concerned with the safety in the area when accessing
Lawson Road and the possibility that the danger will only increase with more cars on the
road. She stated that she is not opposed to development on the proper but would like to
see development that is in line with the charm of the current neighbourhood.
Burton Noble, local resident, spoke in opposition to the application. Mr. Noble advised
the Committee that the area is dangerous and should be looked at before any
development happens. He also asked when the Adelaide extension would be complete.
Sarah Seer, Andy Powers and Sam Powers, local residents, spoke in opposition to the
application. Ms. Seer explained that they grew up in the area and used to be able to
play safely on Lawson Road. She noted that adding 28 townhomes in that area will
impact the safety. Ms. Powers advised the Committee that it is dangerous to drivein the
area and the proposed development will only add more congestion and danger.
Cathy Vivien, local residents, spoke in opposition to the application. Ms. Vivien advised
the Committee that she does not drive and walks up and down Lawson Road multiple
times a day. She explained that, with the added congestion, it will be even more
dangerous to navigate Lawson Road especially with no sidewalks.
Jason Willsher, local residents, spoke in opposition to the application. Mr. Willsher is
concerned with the increase in the noise level from Townline Road. He explained that
the value of his house will depreciate if this proposal is approved.
Nick Sinopoli, local residents, spoke in opposition to the application. Mr. Sinopoli
explained that the proposed development does not fit with the character of the
neighbourhood. He advised the Committee that he is concerned with the increase of
traffic on Townline Road.
Mark Jacobs, Planner, The Biglieri Group Ltd., spoke on behalf of the applicant.
Mr. Jacobs thanked the community for being present. He explained that the pond on the
property is man-made and not natural to the area. Mr. Jacobs stated that every unit will
have two parking spaces, one space on the driveway and one space in the garage,
which is in accordance with the Municipality of Clarington's Zoning By-law. He explained
that the proposed development also meets the minimum requirements for visitor parking.
Mr. Jacobs advised the Committee that the trees on the east side of the property will be
retained and that the proposed amount of greenspace is in compliance with the
Municipality of Clarington amenity guidelines. He mentioned that there will be sidewalks
installed on Lawson Road in front of the subject site to Townline Road. Mr. Jacobs
noted that the Committee should consider sidewalks for the rest of the Lawson Road as
safety is a concern of the neighbourhood. He explained that Townline Road is a
Regional road and that when Adelaide Avenue is extended to Trulls Road, the Lawson
Road intersection will be closed with a new access to Adelaide Avenue assisting with the
safety concerns on Lawson Road. Mr. Jacobs advised the Committee that a traffic study
was submitted to the Municipality of Clarington. He explained that a noise consultant
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recommended that the units backing on to Townline Road have mandatory A/C units so
they can keep their windows closed to reduce the noise from Townline Road.
Mr. Jacobs answered questions from the Committee.
Alter the Agenda
Resolution #PD -038-19
Moved by Mayor Foster, seconded by Councillor Jones
That the Agenda be altered to consider Report PSD -018-19, Applications by Lynstrath
Developments Inc. for a Draft Plan of Subdivision and Zoning By-law Amendment to
create one block for up to 28 townhouse dwellings in a common elements condominium
on the south-east corner of Townline Road and Lawson Road, at this time.
Carried
12.1 PSD -018-19 Applications by Lynstrath Developments Inc. for a Draft Plan of
Subdivision and Zoning By-law Amendment to create one block for up to 28
townhouse dwellings in a common elements condominium on the south-
east corner of Townline Road and Lawson Road
Resolution #PD -039-19
Moved by Mayor Foster, seconded by Councillor Jones
That Report PSD -018-19 be received;
That the proposed Draft Plan of Subdivision and Zoning By-law Amendment submitted
by Lynstrath Developments Inc. continue to be processed including the preparation of a
subsequent report; and
That all interested parties listed in Report PSD -018-19 and any delegations be advised
of Council's decision.
Carried
Recess
Resolution #PD -040-19
Moved by Councillor Hooper, seconded by Councillor Jones
That the Committee recess for 5 minutes.
Carried
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April 1, 2019
The meeting reconvened at 8:50 PM with Councillor Neal in the Chair.
7.2 The Draft Terms of Reference for the North Village Secondary Plan,
Newcastle
Applicant: The Draft Terms of Reference for the North Village Secondary Plan,
Newcastle
Report: PSD -019-19
Location: The area from the CP Rail line to the south, Concession Road 3 to
the north, Arthur Street to the east and Highway 35/115 to the west,
consisting of three areas in Newcastle
Scott Waterhouse, consultant with Candevcon on behalf of the landowners, made a
verbal and electronic presentation to the Committee regarding the Draft Terms of
Reference for the North Village Secondary Plan.
No one was present to speak in opposition to or in support of the application.
8 Delegations
8.1 Beth Meszaros, Regarding Suggestions for On -Farm -Diversified Uses, Agri -
tourism and Special Events
Beth Meszaros was present regarding suggestions for On -Farm -Diversified Uses, agri-
tourism and special events. She advised the Committee that she is speaking on behalf
of the Cowanville and Local Resident Group who continue to learn and work alongside
the Municipality of Clarington and the elected officials to create regulatory governance
for On -Farm -Diversified -Uses. Ms. Meszaros explained that, since the Province
established the innovation for On -Farm -Diversified -Uses to financially supplement the
bona fide farmers to stay on the farm as well as preserving Ontario's Agricultural lands,
Municipalities have been trying to navigate best practices through stringent application
scrutiny, zoning by laws, amendments, and permits. She noted that they have also been
looking at how best to ensure the application is authentic, how best to regulate, and how
best to carry out the intent of the Province to assist the farmer to be able to stay on the
land. Ms. Meszaros explained that her interpretation of On -Farm -Diversified -Uses is
meant to financially assist a bona fide farmer and not meant for a business family to
purchase rural agricultural property for the pursuit of an ongoing commercial venture
through weddings, family celebrations, and special events. She advised the Committee
that On -Farm -Diversified -Uses are meant to be a secondary business and it is a serious
flaw to class special event venues indefinitely under the protective farm class umbrella.
Ms. Meszaros requested the following from the Committee:
1. That a special event venue move from the shelter of `farm class' assessment into
the `commercial business class' assessment:
a) keep the two enterprises separate immediately;
b) when the number of people attending moves beyond a predetermined bench
mark; and
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c) establish a set dollar value for the sole income of special events and, once
exceeded, becomes a commercial business.
2. That Clarington staff research and network with other Municipalities to gain insight
on how best to support farmers through On -Farm -Diversified -Uses: management,
regulate, enforcement to ensure the correct interpretation and intent.
3. That Ms. Puterbough, from the Lindsay OMAFRA office, be invited to do a
presentation to our local Council.
4. That the definition of words such as "season" and "seasonal", "special" and
"accessory" be developed to guarantee clear, consistent limits and understanding
within all policies and procedures governing On -Farm -Diversified -Uses and Agri -
tourism.
5. That Applications be returned for correction prior to forwarding to Council.
6. That all parts of the justification report and application must use most current data
when submitting an application.
7. That all applications for On -Farm -Diversified -Uses to be managed and regulated
by purchase of Municipal permits and licenses for each event, with administration
costs to be absorbed by the applicant not by the taxpayer.
8. That as property ownership changes, the new owner must re -apply on the merits
and criteria at that time but property designation of farming remain static.
9. That including `not to exceed 2% of the total area of the farm parcel' in the draft
zoning by laws 14.6.1, is in compliance with the PPS and that the Municipality
know what is to be included and excluded within the 2%, parking/pasture,
driveways, septic, building/portion, etc.
10. Establish neighbouring property line limits.
She stated that, as rural residents, we are all in support of preserving agriculture lands,
assisting the bona fide farmer and growing the vitality of our communities through new
and creative ways. Ms. Meszaros explained that there must be new governance, moving
beyond citizen complaint enforcement and that On-Farm-Diversified-Uses/Special Event
Venues need stand-alone by-laws regulated by the Municipality through on going permits
and licenses. She answered questions from the Committee.
Resolution #PD -041-19
Moved by Councillor Traill, seconded by Councillor Zwart
That Staff, working in consultation with all stakeholders, report back to a Committee
meeting in June, 2019 with a report outlining a permitting scheme to regulate wedding
venues having regard to other jurisdictions where such a permitting scheme is in
operation.
Carried as Amended
(See following motion)
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Resolution #PD -042-19
Moved by Councillor Zwart, seconded by Councillor Traill
That the foregoing Resolution #PD -041-19 be amended by adding the following at the
end:
That the Delegation of Beth Meszaros, regarding suggestions for On -Farm -
Diversified Uses, Agri -tourism and Special Events, be referred to staff to Report
back.
Carried
Suspend the Rules
Resolution #PD -043-19
Moved by Councillor Zwart, seconded by Councillor Anderson
That the Rules of Procedure be suspended to allow Members of Committee to speak to
the matter of the foregoing Resolution #PD -041-19 a second time.
Carried
The foregoing Resolution #PD -041-19 was then put to a vote and carried as amended.
8.2 Paul and Kathy Powers, Regarding Report PSD -021-19, An Application by
Kyle Roberts to amend the Zoning By-law to facilitate the creation of one
additional single detached lot at 46 Lawson Road in Courtice
Paul and Kathy Powers were present regarding Report PSD -021-19, an Application by
Kyle Roberts to amend the Zoning By-law to facilitate the creation of one additional
single detached lot at 46 Lawson Road in Courtice. Mr. Powers displayed photos of the
property 46 Lawson Road. He explained that they purchased their home for the location
and safety. Mr. Powers explained that CLOCA advised them that no development could
take place in the ravine. He advised the Committee that the Municipality of Clarington
staff advised them that more land around the creek was needed as a buffer. Mr. Powers
explained that, in order for the lot to be severed, they were told it had no impact and it
was consistent with the Provincial Policy. He noted that this have been a 20 month
application process. Mr. Powers stated that, in January 2019, they were told that staff
were waiting for a report from the Ministry of Natural Resources before a report would be
brought to the Committee. He explained that, once the report was complete, it said that
1/3 of their property would be rezoned as hazard lands and that they needed to erect a
fence. Mr. Powers requested that the need for a fence be removed from the
recommendation as it will only impact their property. He thanked the Committee and the
Planning Department.
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Alter the Agenda
Resolution #PD -044-19
Planning and Development Committee
Minutes
April 1, 2019
Moved by Councillor Hooper, seconded by Councillor Jones
That the Agenda be altered to consider Report PSD -021-19, Application by Kyle Roberts
to amend the Zoning By-law to facilitate the creation of one additional single detached lot
at 46 Lawson Road in Courtice, at this time.
Carried
12.4 PSD -021-19 Application by Kyle Roberts to amend the Zoning By-law to
facilitate the creation of one additional single detached lot at 46 Lawson Road
in Courtice
Resolution #PD -045-19
Moved by Councillor Jones, seconded by Mayor Foster
That Report PSD -021-19 be received;
That the application to amend the Zoning By-law, submitted by Kyle Roberts, be
approved and that the Zoning By-law contained in Attachment 1 to Report PSD -021-19
be passed;
That the lands to be dedicated to the Municipality of Clarington be limited to those lands
up to the Top of Bank but also to be divided by a non chain-link fence, such as a hedge;
That once all conditions contained in Report PSD -021-19 with respect to the removal of
the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H)
Holding Symbol be approved;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -021-19
and Council's decision; and
That all interested parties listed in Report PSD -021-19 and any delegations be advised
of Council's decision.
Carried
8.3 Barry Bolahood, Regarding Report PSD -023-19, Request to amend Interim
Control By-law 2018-083 for 10 Victoria Street Bowmanville
Councillor Zwart declared an indirect interest in the New Business Item regarding Report
PSD -023-19, Request to amend Interim Control By-law 2018-083 for 10 Victoria Street
Bowmanville. Councillor Zwart left the room and refrained from discussion on this
matter.
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Barry Bolahood was present regarding Report PSD -023-19, regarding a request to
amend the Interim Control By-law 2018-083 to exempt 10 Victoria Street Bowmanville.
He explained that he had talked with Staff prior to purchasing the property and they
indicated that he would be able to construct a semi-detached home. Mr. Bolahood
stated that he lost the deal and was unsure of his next steps. He answered questions
from the Committee.
8.4 Ken Hoy, Regarding Report PSD -023-19, Request to amend Interim Control
By-law 2018-083 for 10 Victoria Street Bowmanville
Ken Hoy was present regarding Report PSD -023-19, regarding a request to amend
Interim Control By-law 2018-083 for 10 Victoria Street Bowmanville. Mr. Hoy explained
that he has an offer on the property 10 Victoria Street that expires April 2, 2019. He
explained that his proposal is for a semi-detached bungalow. Mr. Hoy answered
questions from the Committee.
8.5 Michael Fry, Regarding Report PSD -020-19, Extension to Draft Approval for
19 Estate Residential Lots
Michael Fry, was present regarding Report PSD -020-19, Extension to Draft Approval for
19 Estate Residential Lots. Mr. Fry advised the Committee that he was available to
answer any questions from the Committee.
Councillor Zwart returned to the meeting.
9 Communications - Receive for Information
9.1 Minutes of the St. Mary's Cement Community Relations Committee dated
December 4, 2018
Resolution #PD -046-19
Moved by Mayor Foster, seconded by Councillor Hooper
That Communication Item 9.1 be received for information.
Carried Later in the Meeting
Suspend the Rules
Resolution #PD -047-19
Moved by Councillor Hooper, seconded by Councillor Jones
That the Rules of Procedure be suspended to allow Members of Committee to speak to
the matter of the foregoing Resolution #PD -046-19 a second time.
Carried
The foregoing Resolution #PD -046-19 was then put to a vote and carried.
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10 Communications— Direction
10.1 Memo from Michael Seaman, Director of Planning Services, Regarding
Delegation 8.1 Beth Meszaros, Regarding Suggestions for On -Farm -
Diversified Uses, Agri -tourism and Special Events
Resolution #PD -048-19
Moved by Mayor Foster, seconded by Councillor Jones
That Communication Item 10.1 from Michael Seaman, Director of Planning Services,
Regarding Delegation 8.1 Beth Meszaros, Regarding Suggestions for On -Farm -
Diversified Uses, Agri -tourism and Special Events, be received for information.
Carried
10.2 Confidential Memo from Michael Seaman, Director of Planning Services,
Regarding an Acquisition of Land
Alter the Agenda
Resolution #PD -049-19
Moved by Councillor Hooper, seconded by Mayor Foster
That the Agenda be altered to consider the Confidential Memo from Michael Seaman,
Director of Planning Services, Regarding an Acquisition of Land, at the end of the
Agenda.
Carried
11 Presentation(s)
No Presentations
12 Planning Services Department Reports
12.1 PSD -018-19 Applications by Lynstrath Developments Inc. for a Draft Plan of
Subdivision and Zoning By-law Amendment to create one block for up to 28
townhouse dwellings in a common elements condominium on the south-
east corner of Townline Road and Lawson Road
Report PSD -018-19, Applications by Lynstrath Developments Inc. for a Draft Plan of
Subdivision and Zoning By-law Amendment to create one block for up to 28 townhouse
dwellings in a common elements condominium on the south-east corner of Townline
Road and Lawson Road was considered earlier in the meeting during the public meeting
portion of the agenda.
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12.2 PSD -019-19 North Village Secondary Plan Study — Terms of Reference
Resolution #PD -050-19
Moved by Councillor Hooper, seconded by Mayor Foster
That Report PSD -019-19 be received;
That Planning Services staff be authorized to commence the preparation of the North
Village Secondary Plan;
That staff be authorized to finalize the draft Terms of Reference and issue a Request for
Proposal to retain the necessary consultants through the current roster of planning firms
established for Secondary Plans;
That the Director of Planning Services be authorized to execute the necessary cost
recovery agreements with the North Village Landowners Group for the preparation of the
North Village Secondary Plan;
That the cost recovery agreements with the North Village Landowners Group require
payment of 100% of the costs of the preparation of the Secondary Plan, including
consultants and municipal resources such as review time from various departments,
project management and administration costs; and
That all interested parties for Report PSD -019-19, any delegations and the Region of
Durham Planning and Economic Development Department be notified of Council's
Decision.
Carried
12.3 PSD -020-19 Extension to Draft Approval for 19 Estate Residential Lots
Resolution #PD -051-19
Moved by Mayor Foster, seconded by Councillor Zwart
That Report PSD -020-19 be received;
That the extension to Draft Approval for 18T-89007 be supported subject to the
Conditions as contained in Attachment 1 to Report PSD -020-19;
That the Durham Regional Planning and Economic Development Department,
Municipality of Port Hope and Municipal Property Assessment Corporation be forwarded
a copy of Report PSD -020-19 and Council's decision; and
That all interested parties listed in Report PSD -020-19 and any delegations be advised
of Council's decision.
Carried
-13-
16
Clarftwn Planning and Development Committee
Minutes
April 1, 2019
12.4 PSD -021-19 Application by Kyle Roberts to amend the Zoning By-law to
facilitate the creation of one additional single detached lot at 46 Lawson
Road in Courtice
Report PSD -021-19, Application by Kyle Roberts to amend the Zoning By-law to facilitate
the creation of one additional single detached lot at 46 Lawson Road in Courtice) was
considered earlier in the meeting during the delegation portion of the agenda.
12.5 PSD -022-19 Rezoning Application by R. W. Carr Investment Co. to permit
two single detached homes with a frontage of 12.9 metres at 92 Elgin Street
in Bowmanville
Resolution #PD -052-19
Moved by Councillor Hooper, seconded by Councillor Traill
That Report PSD -022-19 be received;
That the subject property be exempt from the Interim Control By-law 2018-083 in order to
allow for development to proceed and that the By-law Amendment contained in
Attachment 2 to Report PSD -022-19 be passed;
That the application to amend the Zoning By-law submitted by R. W. Carr Investment
Co. be approved and that the Zoning By-law Amendment contained in Attachment 3 to
Report PSD -022-19 be passed;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -022-19
and Council's decision; and
That all interested parties listed in Report PSD -022-19 and any delegations be advised
of Council's decision.
Carried
12.6 PSD -023-19 Request to amend Interim Control By-law 2018-083 for 10
Victoria Street Bowmanville
Councillor Zwart declared an indirect interest in Report PSD -023-19 regarding a Request
to amend Interim Control By-law 2018-083 for 10 Victoria Street Bowmanville. Councillor
Zwart left the room and refrained from discussion and voting on this matter.
Resolution #PD -053-19
Moved by Mayor Foster, seconded by Councillor Hooper
That Report PSD -023-19 be received;
That the By-law contained in Attachment 1 to Report PSD -023-19 be approved; and
-14-
17
Clarftwn
Planning and Development Committee
Minutes
April 1, 2019
That all interested parties listed in Report PSD -023-19 and any delegations be advised
of Council's decision.
Motion Withdrawn
Resolution #PD -054-19
Moved by Mayor Foster, seconded by Councillor Hooper
That Report PSD -023-19 be referred to the Council meeting of April 8, 2019.
Motion Withdrawn
Resolution #PD -055-19
Moved by Mayor Foster, seconded by Councillor Traill
That Report PSD -023-19 be received for information; and
That the Interim Control By-law 2018-083 be amended to add 10 Victoria Street as an
exempted property, as long as Mr. Hoy's application is to the satisfaction of the Director
of Planning Services.
Carried on the following recorded vote:
Council Member
Yes
No
Declaration of
Interest
Absent
Councillor Neal
X
Councillor Traill
X
Councillor Zwart
X
Councillor Anderson
X
Councillor Hooper
X
Councillor Jones
X
Mayor Foster
X
Councillor Zwart returned to the meeting.
13 New Business — Consideration
There were no New Business Item to be considered under this Section of the Agenda.
14 Unfinished Business
15 Confidential Reports
There were no Confidential Reports scheduled under this Section of the Agenda.
-15-
W
Clarftwn Planning and Development Committee
Minutes
April 1, 2019
10.2 Confidential Memo from Michael Seaman, Director of Planning Services,
Regarding an Acquisition of Land
Closed Session
Resolution #PD -056-19
Moved by Mayor Foster, seconded by Councillor Hooper
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing a matter that deals with 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 10:49 PM with Councillor Neal in the Chair.
Councillor Neal advised that one item was discussed in "closed" session in accordance
with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide
direction to staff.
16 Adjournment
Resolution #PD -057-19
Moved by Mayor Foster, seconded by Councillor Jones
That the meeting adjourn at 10:49 PM.
Chair
Carried
-16-
19
Deputy Clerk
March 29, 2019
hThe Honourable Steve Clark
Minister of Municipal Affairs and Housing
777 Bay Street, 17th Floor
Toronto, ON M5G 2E5
Dear Minister Clark:
The Regional RE: Envision Durham - Agriculture and Rural System
Municipality of
Durham Discussion Paper (2019-P-12), Our File: D12
Corporate Services Council of the Region of Durham, at its meeting held on March 27, 2019,
Department- adopted the following recommendations of the Planning & Economic
Legislative Services Development Committee:
605 Rossland Rd. E.
"That a copy of Report #2019-P-12 of the Commissioner of Planning and
Level 1
Economic Development and Attachment 1, the Agriculture and Rural
P.O. Box 623
Whitby, ON L1N 6A3
System Discussion Paper, be forwarded to Durham's area municipalities;
Canada
conservation authorities; the Ministry of Municipal Affairs and Housing;
the Ministry of Food, Agriculture and Rural Affairs; the Ministry of Natural
905-668-7711
Resources and Forestry; and the Durham Agricultural Advisory
1-800-372-1102
Committee for review and comment."
Fax: 905-668-9963
Please find enclosed a copy of Report #2019-P-12 for your review and
durham.ca
comment. If you have any questions, please contact Kristy Kilbourne,
Senior Planner, in our Planning Division at 905-668-7711, ext. 2545.
Z atplti W catolv
Ralph Walton,
Regional Clerk/Director of Legislative Services
RW/tf
c: Please see attached list
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097.
20
Page 2 of 2
c: The Honourable Ernie Hardeman, Minister of Food, Agriculture and
Rural Affairs
Th Honourable Toby Barrett, Minister of Natural Resources and
Forestry
N. Cooper, Clerk, Town of Ajax
T. Gettinby, CAO/Clerk, Township of Brock
A. Greentree, Clerk, Municipality of Clarington
A. Brouwer, Clerk, City of Oshawa
S. Cassel, Clerk, City of Pickering
J.P. Newman, Clerk, Township of Scugog
D. Leroux, Clerk, Township of Uxbridge
C. Harris, Clerk, Town of Whitby
C. Darling, Chief Administrative Officer, Central Lake Ontario
Conservation Authority
L. Laliberte, CAO/Secretary-Treasurer, Ganaraska Region
Conservation Authority
M. Majchrowski, Chief Administrative Officer, Kawartha Conservation
M. Walters, Chief Administrative Officer, Lake Simcoe Region
Conservation Authority
J. MacKenzie, Chief Administrative Officer, Toronto & Region
Conservation Authority
Durham Agricultural Advisory Committee
B. Bridgeman, Commissioner of Planning and Economic Development
21
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: April 23, 2019
Report Number: PSD -024-19
Resolution Number:
File Numbers: ZBA2017-0028 & S -C-2017-0007 By-law Number:
Report Subject: An Application by Brookfield Residential (Ontario) Limited for Draft
Plan of Subdivision and Rezoning to permit the development of 25
single detached homes in Newcastle Village
Recommendations:
That Report PSD -024-19 be received;
2. That the application for Draft Plan of Subdivision submitted by Brookfield Residential
(Ontario) Limited for 25 single detached residential units be supported subject to
conditions as contained in Attachment 2 of Report PSD -024-19;
3. That the Zoning By-law Amendment application submitted by Brookfield Residential
(Ontario) Limited be approved as contained in Attachment 3 of Report PSD -024-19;
4. That once all conditions contained in 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 -024-19 and
Council's decision; and
6. That all interested parties listed in Report PSD -024-19 and any delegations be advised of
Council's decision.
22
Municipality of Clarington
Report PSD -024-19
Page 2
Report Overview
This report is recommending approval of applications submitted by Brookfield Residential
(Ontario) Limited to permit 25 single detached dwellings in the North Village Neighbourhood of
Newcastle Village.
1
Application Details
1.1
Owner:
1.2
Agent:
1.3
Proposal:
1.4
Area:
1.5
Location:
1.6 Roll Number:
1.7 Within Built Boundary:
Brookfield Residential (Ontario) Limited
Bryce Jordan, GHD
Proposed Draft Plan of Subdivision
A draft plan of subdivision consisting of 25 lots for single
detached dwellings.
Rezoning
To rezone the lands from the existing "Agricultural Exception
(A-1) Zone" to appropriate zones that permit the proposed
residential development.
4.14 hectares
879 Regional Road 17, Newcastle
Part Lot 28, Concession 2, former Township of Clarke
(see Figure 1)
18-17-030-030-04101
No
23
Municipality of Clarington
Report PSD -024-19
2
2.1
Background
Page 3
The subject applications were received on August 24, 2017 and deemed complete.
zaA 2017-0028
Sc 2017-0007
" tdIir
1 7 -
%JN
�V
u E
Other Lands Owned ul.
By Applicant
A"Ili I I J I I I I JIs
Subject Site ITM
E�SLubil
Approvedivisions
t0
��a Q
Z
p'Z
w.7 W_LLLLI�b
.
Figure 1 — Key Map
2.2 The entire 4.14 hectare parcel, outlined in red in Figure 1 was purchased by Brookfield
Residential (Ontario) Limited. Only the southerly 1.63 hectares is subject to the
applications. The balance of the lands are identified as Other Lands Owned by
Applicant and are outside the approved North Newcastle Neighbourhood Design Plan.
See Figure 2. The lands located generally north of a future east -west collection road
were omitted from the Neighbourhood Design Plan and draft approval because an
Environmental Assessment is required for the realignment of Regional Road 17 and for
the relocation of a new water reservoir on Arthur Street.
24
Municipality of Clarington
Report PSD -024-19
Page 4
` I
�� - ca'+IeEssuxo-�a.�E1a
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i IF
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Owned By Applicant .�
Subject Site
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Figure 2 - Approved Neighbourhood Design Plan
25
Municipality of Clarington
Report PSD -024-19
Page 5
2.3 The lands north of the approved draft plans identified as Future Development on Figure
2, including the Other Land Owned by Applicant will require a Secondary Plan before
development can proceed.
2.4 Two abutting draft plans to the south, Smooth Run Developments (S -C 2005-004) and
Brookfield Homes (S -C 2005-003) were approved by the Ontario Municipal Board in
2012. The lands subject to the current applications were not owned by Brookfield at the
time of approvals.
3 Land Characteristics and Surrounding Uses
3.1 The entire 4.1 hectare parcel supports a single detached dwelling, accessory buildings
and the remainder is being cultivated. The lands rise to the north east from Regional
Road 17.
3.2 The surrounding uses are as follows:
North - Cultivated lands, single detached dwellings and accessory buildings.
South - Cultivated lands, Draft Approved Plan of Subdivision by Brookfield Homes.
East - Cultivated lands, Draft Approved Plan of Subdivision by Smooth Run
Developments.
West - Existing rural residential development.
Figure 3: Photo of Subject Lands
26
DEVELOPMENT PROPOSAL
DLhYi�6[.�V/P}4`O.i
-
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PIL*gkrrrQ, s.
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Figure 3: Photo of Subject Lands
26
Municipality of Clarington
Report PSD -024-19
4 Provincial Policy
Provincial Policy Statement
Page 6
4.1 The Provincial Policy Statement encourages planning authorities to create healthy,
livable and safe communities by accommodating an appropriate range and mix of
residential, employment, recreational and open space uses to meet long term needs.
New development shall occur adjacent to built-up areas, shall have compact form and a
mix of uses and densities that allow for the efficient use of land, infrastructure and public
services.
Provincial Growth Plan
4.2 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas, such as the Newcastle 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.
4.3 The development allows for the efficient use of land, infrastructure and public services
and is consistent with the Provincial Policy Statement and the Growth Plan. 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. The proposed development is part of a
neighbourhood where various housing types will be accommodated as development
proceeds. Municipal water, sanitary sewer and transit will be made available to the site
in the future.
5 Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands
designated as 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 Living Area designation.
Clarington Official Plan
5.2 The lands are designated Urban Residential. The Urban Residential designation is
predominately intended for housing purposes. Other uses may be permitted which by
the nature of their activity, scale, design and location are supportive of and compatible
with residential uses.
27
Municipality of Clarington
Report PSD -024-19
Page 7
5.3 The approved Neighbourhood Design Plan will continue to provide guidance for the
development of neighbourhoods unless superseded by a Secondary Plan. Only the
north portion of the North Newcastle Neighbourhood and the lands west of North Street
require a Secondary Plan prior to considering any applications for development.
5.4 The policies require new residential development and emerging neighbourhoods to be
designed to provide for a variety of housing types and supportive land uses, including
commercial and community facilities and encourage accessible, walkable
neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses.
Neighbourhood Design Plan
5.5 The Neighbourhood Design Plan (NDP) identifies 12 lots for single detached units on
the south side of the collector road and 4 lots on the north side of the road. The area at
the north-west corner of the collector road and Regional Road 17 is outside the limits of
the NDP, which allows for flexibility in future realignment of Regional Road 17 and
future land uses at the corner.
6 Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands Agricultural Exception (A-1) Zone. A
zoning by-law amendment is required to permit the single detached units.
7 Summary of Background Studies
Phase 1 Environmental Site Assessment, Golder Associates
7.1 This report was prepared for the entire land parcel and based on observations,
information collection and present land use, no potentially contaminating activity or
areas of potential environmental concern were identified.
Noise Feasibility Report, Howe Gastmeier Chapnik Limited, February 27, 2019
7.2 Noise impact on the development is generated from vehicular traffic on Regional Road
17.
7.3 Acoustic fence will be required on lots adjacent to Regional Road 17. Some lots in
close proximity to the noise source will require mandatory air conditioning.
7.4 The appropriate warning clauses will be required in the Agreements of Purchase and
Sale advising homeowners of potential noise generated by traffic on Regional Road 17.
Municipality of Clarington
Report PSD -024-19
Page 8
Functional Servicing and Stormwater Management Report, GHD August 2017
7.5 The Functional Servicing Report confirms that the sanitary sewer system and the water
supply system can accommodate the proposed development once the services are
extended through the next phase of development. Similarly, the stormwater
management pond located at the south west -corner of Regional Road 17 and Canadian
Pacific Railway has been designed to accommodate this site and the lands to the north.
Archaeological Site Assessment, This Land Archaeology Inc, June 14, 2017.
7.6 A Phase 1 and Phase 2 Archaeological Site Assessment resulted in the discovery of a
19th century Euro -Canadian Site and recommends a Stage 3 archaeological
investigation.
8 Public Meeting and Submissions
8.1 The Public Meeting was held on October 23, 2017. No one spoke in support or
opposition to the proposal at the Public Meeting.
9 Agency Comments
The Region of Durham
9.1 The Region of Durham stated that the subject lands are within the Living Area
designations, Regional Planning has no objection to the applications. The applications
were found to conform to the Growth Plan, the Provincial Policy Statement and the
Durham Regional Official Plan.
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 2.
Ganaraska Region Conservation Authority
9.4 The Ganaraska Region Conservation Authority (GRCA) states that the proposed
subdivision is dependent on development of the two draft approved plans of
subdivision by Smooth Run and Brookfield, for both stormwater management and site
grading. The GRCA's conditions are included in the proposed Conditions of Draft
Approval included as Attachment 2.
Other Agencies
9.5 Ministry of Transportation, Enbridge Gas and Rogers have no objections to the
applications.
29
Municipality of Clarington
Report PSD -024-19 Page 9
10 Departmental Comments
Engineering Services
10.1 The Engineering Services Department does not have any significant concerns with the
proposed draft plan. The development is dependent on the two existing draft approved
plans proceeding. The on -street parking plan should be revised to include the
surrounding approved development and consideration given to the road grades and lot
widths for driveway pairing without requiring retaining walls. Conditions of Draft
Approval were provided and incorporated in the conditions contained in Attachment 2.
Emergency and Fire Services
10.2 The Emergency and Fire Services Department offer no objections.
Operations Department
10.3 The Operations Department offer no objections.
11 Discussion
11.1 The applications are consistent with the approved North Newcastle Neighbourhood
Design Plan. The proposed lots will front onto approved road patterns in the abutting
draft approved lands. The part blocks will meld with adjoining blocks in the abutting draft
approved plans to form lots. The road will facilitate the completion of the east -west
collector road between Regional Road 17 and Arthur Street.
11.2 As noted above, the Official Plan outlines the objective of creating walkable
neighbourhoods which requires the inclusion of a variety of needs to serve
neighbourhood residents. Future land uses on the north side of the east -west collector
road could provide for commercial or mixed uses for this neighbourhood.
11.3 Development of this draft plan cannot proceed in isolation of the abutting draft approved
plans. Its development is dependent on the servicing, stormwater management, grading
and road patterns on these abutting lands.
11.4 The lands to the north, which currently supports the existing single detached dwelling
and accessory buildings are outside the Neighbourhood Design Plan, and will be
subject to a Secondary Plan in keeping with the Clarington Official Plan. The existing
single detached dwelling and out buildings are identified on the Cultural Heritage
Resource List as having heritage merit. A Heritage Impact Assessment will be required
when further development applications are received on the area identified as "Other
Lands Owned by the Applicant".
12 Concurrence
Not applicable.
30
Municipality of Clarington
Report PSD -024-19
13 Conclusion
Page 10
In consideration of the findings of all supporting studies, and agency comments and
based on review of the proposal, staff recommend approval of the proposed draft plan
of subdivision (Attachment 1), including Conditions of Draft Approval (Attachment 2) and
Zoning By-law amendment (Attachment 3).
Submitted by: Reviewed by:
Michael Seaman, MCIP, RPP
Director of Planning Services
Andrew C. Allison, B.Comm LL.B
CAO
Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or
cstrike(aD-clarington.net
Attachment 1: Proposed Draft Plan of Subdivision
Attachment 2: Conditions of Draft Approval
Attachment 3: Zoning By-law
The following is a list of the interested parties to be notified of Council's decision:
John Oates
Bryce Jordan, GHD
Aidan Dekkema, Brookfield Homes
David Murphy, Brookfield Homes
CS/MS/nl
31
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Clarington
Conditions of Draft Approval
File Number: S -C 2017-0007
Issued for Concurrence: March 4, 2019
Notice of Decision:
Draft Approved: _
Michael Seaman, MCIP, RPP
Director of Planning Services
Municipality of Clarington
Part 1 — Plan Identification
Attachment 2 to
Report PSD -024-19
The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S -C-2017-0007 prepared by GHD identified as job number
11116910-DP2, dated October 2016, and revised dated January, 2019 which
illustrates 25 lots for single detached dwellings and 5 part blocks for single
detached dwellings, a road, a road widening and a 0.3 metre reserve and Other
Lands Owned by Applicant.
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 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.
Page 11
33
Architectural Control
2.4 (1) The Owner shall be 100% responsible for their proportionate cost of any
architectural design guidelines specific to this neighbourhood and which shall
be consistent with the guidelines prepared for the adjacent Draft Approved
Plans of Subdivision S -C 2005-003 and S -C 2005-004. The Owner shall also
be responsible for 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
2.5 (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
2.6 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
Page 12
34
Municipality's standard subdivision agreement shall apply to any proposed site
alteration on the lands covered by the subdivision agreement.
Part 3 — Final Plan Requirements
3.1 The following road allowances shown on the draft plan shall be dedicated to the
Municipality upon registration of the final plan:
(a) Street `A'
3.2 The Owner shall transfer to the Region (for nominal consideration, free and clear of
encumbrances and restrictions) the following lands and easements:
(a) a road widening to provide a minimum of 18.0 metre measured from the
original centre line of Regional Road 17, along the total frontage of Regional
Road 17.
(b) two 14m x 7m site triangles at the intersection of Regional Road 17 and Street
W.
(c) 0.3 metre reserve across the frontage of Regional Road 17, abutting Lot 5 and
Block 27.
Phasing Plan
3.3 The Owner agrees that this subdivision must be registered and developed in one
phase in conjunction with the abutting subdivision S -C 2005-004. Staging will not
be permitted.
Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan
Registration
4.1 The Owner shall submit the following plans and report or revisions thereof:
Noise Report
(1) The Owner shall submit to the Director of Engineering Services, the Director of
Planning Services and the Region, for review and approval, an updated noise
report, based on the preliminary noise report entitled Noise Feasibility Study
Proposed Residential Development (Allin Property) 879 North Street Newcastle
Ontario, prepared by HGC Engineering, dated March 21, 2019.
Functional Servicing
(2) The Owner shall submit an updated Functional Servicing Report satisfactory to the
Director of Engineering Services and Ganaraska Region Conservation Authority.
Community Theme Plan
(3) The Owner shall submit a "Community Theme Plan" to the Director of Planning
Services and Director of Engineering Services for approval. This plan shall be
consistent with the Community Theme Plan approved for Draft Approved Plans of
Page 13
35
Subdivision S -C 2005-003 and S -C 2005-004. 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 Theme Plan.
Environmental Sustainability Plan
(4) The Owner shall submit an Environmental Sustainability Plan consistent with the
Environmental Sustainability Plan approved for Draft Approved Plans of
Subdivision S -C 2005-003 and S -C 2005-004 and 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
(5) 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.
Dust Management Plan
(6) 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.
Page 14
36
Part 5 —Special Terms and Conditions to be Included in the Subdivision
Agreement
5.1 The Owner shall pay the Municipality an amount in lieu of conveying land for park
or other public recreational purposes under Section 51. (1) of the Planning Act,
R.S.O. 1990, c.P.13 and parkland consistent with the Memorandum of
Understanding between Smooth Run Developments Inc., Brookfield Homes
(Ontario) Limited and The Corporation of the Municipality of Clarington dated
August 17, 2012.
5.2 Noise Attenuation
(1) The Owner shall implement the noise attenuation measures recommended in
the updated noise report entitled Noise Feasibility Study Proposed
Residential Development (Allin Property) 879 North Street Newcastle Ontario
prepared by HGC Engineering and dated March 21, 2019 (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.
5.3 Part Lots
Part Lot 26 to 30 shall be pre -serviced with water, sanitary and storm sewers, and
graded, seeded and maintained by the Owner to the satisfaction of the Director of
Engineering Services, until such time they are melded with blocks in the abutting
draft approved plan of subdivision and available for a building permit.
5.4 Traffic
The Owner shall install any traffic control measures within the draft plan of
subdivision that are deemed necessary by the Director of Engineering Services or
the Region of the Durham Works Department.
5.5 Storm Drainage Works and Facilities
The storm drainage works and facilities for this development must be constructed
in accordance with the North Village Phase 1 Stormwater Management Report,
dated February 2015 prepared by GHD Ltd. and as finally approved by the
Director of Engineering Services.
Page 15
37
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 Region shall be satisfied that sanitary sewer and water supply services
have been installed, or shall be installed, in the abutting/adjacent plan of
subdivision S -C-2005-003.
(4) 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.
(5) 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.
(6) 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.
(7) Prior to the finalization of this plan of subdivision, the Owner must provide
satisfactory evidence to the Regional Municipality of Durham in accordance
with the Region of Durham's Site Contamination Protocol, which includes, but
may not be limited to the submission of a Phase One Environmental Site
Assessment that is Record of Site Condition Compliant, signed by a Qualified
Person and not more than eighteen months old. The Region will also require
a Reliance Letter and Certificate of Insurance stating that the Region can rely
on the findings of the Phase One ESA report signed by a Qualified Person.
Page 16
(8) The Owner shall carry out archaeological assessment work for the subject
property and mitigation and/or salvage excavation (if required) of any
significant 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 a letter of clearance from the Ministry and a copy
of this clearance shall be forwarded to the Region.
(9) The Owner shall agree in the Municipality of Clarington's Subdivision
Agreement to revise the noise study prepared by HGC Engineering, entitled
"Noise Feasibility Study' dated July 13, 2017 and implement the
recommendations of the revised report which specifies noise attenuation for
the development. These measures shall be included in the Municipality's
subdivision agreement an must also contain a full and complete reference to
the revised noise study (i.e. author, title, dated, and revisions/addenda) and
shall include any required warning clauses identified in the study.
6.2 Conservation Authority
(1) Prior to the commencement of any on-site grading or construction on site or
final registration of the Plan, the Owner shall submit and obtain approval from
the Municipality of Clarington, and the Ganaraska Region Conservation
Authority (GRCA) for reports describing the following:
(a) A detailed stormwater management (SWM) plan that outlines the
intended means of controlling storm water run-off in terms of quantity,
frequency and duration of all events up to and including the Regional
Storm;
(b) The intended means of conveying stormwater flow from the site,
including the location and design or water quality and quantity controls
using SWM techniques outlined in Provincial guidelines and GRCA
Technical and Engineering Guidelines for SWM submissions.
(c) An assessment of the major and minor flow systems, identifying pre -and
post- construction and volumes, depths, velocities, points of discharge
and proposed methods of outlet treatment; and
(d) An Erosion and Sediment Control (ESC) plan and report detailing the
means by which erosion and sedimentation and their impacts will be
minimized on the site during and after construction, as per the
Conservation Authorities Erosion and Sediment Control Guideline
(2006).
(2) That the Owner agree in the subdivision agreement to maintain all erosion
and siltation control devises in good repair during the construction period in a
manger satisfactory to the Municipality and the Ganaraska Region
Conservation Authority.
Page 17
39
(3) That the Owner acknowledges that SWM facilities for these lands are located
in draft approved plan of Subdivision S -C 2005-003. The Owner must provide
GRCA with a SWM Implementation Report that will address the necessary
SWM required to facilitate this development. This report shall be subject to
the approval of the GRCA.
(4) The Owner shall satisfy all 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 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.
(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 be responsible for officially notifying the purchasers of
the exact Community Mailbox locations prior to the closing of any home
sales with specific clauses in the Purchase offer, on which the
homeowners do a sign off.
(g) The Owner will confirm to Canada Post that the final secured
permanent locations for the Community Mailboxes will not be in conflict
with any other utility; including hydro transformers, bell pedestals, cable
pedestals, flush to grade communication vaults, landscaping
enhancements (tree planting) and bus pads.
(h) The developer agrees to include in all offers of purchase and sale a
statement which advises the purchasers that mail will be delivered via
Community Mail Boxes. The developer also agrees to note the locations
of all Community Mail boxes, within the development, and to notify
Page 18
affected homeowners of any established easements granted to Canada
Post to permit access to the Community Mail Boxes.
(i) The Owner will agree to prepare and maintain an area of compacted
gravel to Canada Post's specifications to serve as a temporary
Community Mailbox location. This location will be in a safe areas away
from construction activity that have occupied prior to the pouring of the
permanent mailbox pads. This area will be required to be prepared a
minimum of 30 days prior to the date of first occupancy.
(j) 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.
(k) The Owner will install concrete pads at each of the Community Mail box
locations as well as any required walkways across the boulevard and
any required curb depressions for wheelchair access as per Canada
Post's concrete pad specification drawings.
(1) 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).
Part 7 — Standard Notices and Warnings
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of
the Municipality's standard subdivision agreement in Agreements of Purchase and
Sale for all Lots or Blocks.
7.3 The Owner shall include the following notices and warning clauses in Agreements
of Purchase and Sale for the Lots or Blocks to which they apply:
7.4 Noise Report
(1) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Lots 1, 4, 5, 6, 7, 25:
Page 19
41
"Purchasers/tenants are advised that sound levels due to increasing road
and rail traffic may interfere with some activities of the dwelling occupants
as the sound levels will exceed the Ministry of Environment Conservation
and Park's noise criteria."
(2) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Lot 25:
"Purchasers/tenants are advised that despite the inclusion of noise control
features in the development and within the building units, sound levels due
to road traffic may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Ministry of Environment Conservation and Park's noise criteria."
(3) The Owner shall include the following notice in the Agreements of Purchase
and Sale for Lots 1, 4, 5, 6, 7, 25:
"This dwelling unit was fitted with a forced air heating system and the
ducting etc. sized to accommodate a central air conditioning unit. The
installation of central air conditioning by the homeowner will allow
windows and exterior doors to be kept closed, thereby achieving
indoor sound levels within the limits recommended by the Ministry of
the Environment Conservation and Parks. (Note: The location and
installation of the outdoor air conditioning device should be done so
as to minimize noise impacts and comply with the criteria of Ministry
of Environment Conservation and Park's criteria publication MEPC -
300)"
7.5 Noise Attenuation Fencing
The Owner shall include the following notice in the agreements of purchase and
sale for Lots 5:
"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 Environment Conservation and Park's standards. This
fencing must be located on the private property portion of the lot and
must be designed and constructed in compliance with the criteria
prepared by the Municipality of Clarington noise fencing criteria. 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."
7.6 Train Whistles
The Owner shall include the following warning clause in agreements of purchase
and sale for All Lots:
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42
"Train Whistles - Purchasers and tenants are notified that despite
measures to attenuate noise caused by the adjacent railway,
whistling from oncoming trains may be heard on a regular basis.
Train whistling protocol is regulated and enforced by Transport
Canada."
7.7 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."
7.8 Future Development
The Owner shall include the following notice in the agreements of purchase and sale
for Lots 1 to 17 and Block 30:
"Future Development - Land surrounding this plan of subdivision are within the
Newcastle Urban Area and are designated for residential development in the future.
This may include developments with higher densities. "
7.9 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 8 - Clearance
8.1 Prior to final approval of the plan for registration, the Municipality's Director of
Planning Services shall be advised in writing by,
(a) the Region how Conditions 2.2, 3.2, 4.1 (1), 4.1 (2), 6.1, 7.4 and 7.5 have
been satisfied;
(b) Ganaraska Region Conservation Authority, how Conditions 6.2 have been
satisfied;
(c) Canada Post, how Conditions 6.3, 7.9 have been satisfied;
Part 9 — Notes to Draft Approval
9.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality's standard subdivision agreement.
Page 111
43
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn at
any time prior to final approval.
9.3 If final approval is not given to this plan within 5 years of the draft approval date,
and no extensions have been granted, draft approval shall lapse and the file shall
be closed. Extensions may be granted provided valid reason is given and is
submitted to the Director of Planning Services for the Municipality of Clarington
well in advance of the lapsing date.
9.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
(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) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1 P 5A1
I:\^Department\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0007 Brookfield\Draft Approved\Conditions of Draft
Approval _4'03' 19. docx
Page 112
Attachment 3 to
Report No. PSD -024-19
Corporation of the Municipality of Clarington
By-law Number 2019 -
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 2017-0028;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule `5' 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 (H) (R1-86) 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 and 36 of the Planning Act.
By -Law passed in open session this day of 12019
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
45
This is Schedule "A" to By-law 2019- , passed this day of , 2019 A.D.
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Newcastle • ZBA 2017-0028 • Schedule 5
Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk
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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: April 23, 2019
Report Number: PSD -025-19 Resolution:
File Number: PLN 34.16, 34.5.4
By-law Number:
Report Subject: Recommendation to Add Eight (8) Properties to the Municipal
Heritaae Reaister
Recommendations:
1. That Report PSD -025-19 be received;
2. That 61 Liberty Street North, Bowmanville be added to the Municipal Register;
3. That 62 Concession Street West, Bowmanville be added to the Municipal Register;
4. That 1440 Gord Vinson Avenue, Courtice be added to the Municipal Register;
5. That 175 Liberty Street North, Bowmanville be added to the Municipal Register;
6. That 3438 Green Road, Bowmanville be added to the Municipal Register;
7. That 10 Argyle Street, Bowmanville be added to the Municipal Register;
8. That 11 Argyle Street, Bowmanville be added to the Municipal Register;
9. That 4 Duke Street, Bowmanville be added to the Municipal Register; and
10. That all interested parties listed in Report PSD -025-19 and any delegations be advised
of Council's decision.
47
Municipality of Clarington
Report PSD -025-19
Report Overview
Page 2
The Clarington Heritage Committee and staff are recommending the addition of seven (7)
Bowmanville properties, and one (1) Courtice property to the Municipal Register:
x 61 Liberty Street North (Medland House)
x 62 Concession Street West (Francis McArthur House)
x 1440 Gord Vinson Avenue, Courtice
x 175 Liberty Street North (Galbraith Home)
x 3438 Green Road (Crawford House)
x 10 Argyle Street (Loscombe Cottage)
x 11 Argyle Street
x 4 Duke Street
The Municipal Register is a listing of the cultural heritage resources of the Municipality, and
includes designated buildings as well as buildings where further consideration is warranted.
The subject properties are currently included on Clarington's Cultural Heritage Resource List
as Primary resources. The addition of the properties to the Municipal Register (i) supports
the promotion of Clarington's local heritage, and (ii) would protect the buildings from being
demolished without proper evaluation of their cultural heritage significance by affording the
Municipality up to 60 days to review a demolition permit, should such an application be
received.
1. Ontario Heritage Act
1.1. Every municipality in Ontario, under Section 27 of the Ontario Heritage Act, is required to
maintain a Municipal Register that lists all formally designated heritage properties. In
2009 Council expanded Clarington's Municipal Register to include "non -designated"
properties that it believes to be of cultural heritage value or interest. The decision to
include a "non -designated" property rests with municipal council upon consultation with its
municipal heritage committee.
1.2. Including a non -designated property on the Municipal Register is a formal indication that
a property has cultural heritage value or interest. Listing a property on the Register does
not provide any legal protection to the property, as only the formal designation under
Section 29 of the Ontario Heritage Act can do so. Rather, the primary benefit of including
a property on the Municipal Register is to provide the Municipality with up to 60 days to
review a request for a demolition permit rather than the shorter timeline outlined in the
Building Code Act.
Municipality of Clarington
Resort PSD -025-19
Paae 3
1.3. This increased review time allows for a more thorough evaluation of the property, and
time to provide Council with a recommendation on demolition or moving forward with
designation of the property. More specifically, the 60 days allows sufficient time to
evaluate the building condition, protection options, mitigation measures, alternate
development proposals, etc. and make a recommendation to Council on the cultural
value of a property.
1.4. Adding a property to the Municipal Register also allows the Municipality to request a
demolition permit applicant undertake a study or research to demonstrate that the
property does not have significant heritage value, or what mitigation measures or
alternative recognition can be implemented.
2. Properties on Clarington's Municipal Register
2.1 The Municipal Register can be used to identify properties with cultural value and interest
and to help educate the community and future owners, thereby increasing transparency
about the property's cultural value.
2.2 There are currently 87 properties on Clarington's Municipal Register comprised of 74
designated properties, and 13 non -designated properties.
2.3 To date, the majority of non -designated properties that have been added to the municipal
register have been under threat of demolition. Examples include the buildings at Camp 30
(now designated) and properties affected by the 407 extension (now demolished).
2.4 The Clarington Heritage Committee set up a sub -committee and established a building
evaluation criteria with the intention of reviewing properties on the Cultural Heritage
Resources List, beginning with the primary heritage resource properties in the urban
areas. The Heritage Committee members review properties from the public right-of-way
using the evaluation criteria and make recommendations on properties to be included on
the Municipal Register.
2.5 The Heritage Committee reviewed the following eight (8) properties, identified as Primary
heritage resources on the Cultural Heritage Resource List, and recommended adding
each property to the Municipal Register:
x 61 Liberty Street North (Medland House)
x 62 Concession Street West (Francis McArthur House)
x 1440 Gord Vinson Avenue, Courtice
x 175 Liberty Street North (Galbraith House)
x 3438 Green Road (Crawford House)
x 10 Argyle Street (Loscombe Cottage)
x 11 Argyle Street
x 4 Duke Street
Municipality of Clarington
Report PSD -025-19 Page 4
The location of each of the properties is identified on the Map (Figure 1). A description of
the each of the properties can be found in Attachments 1 through 8 of this report.
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Figure 1: Index Map of Recommended Properties
3. Provincial and Regional Policy
Provincial Policy Statement (PPS 2014)
3.1 The PPS 2014 provides that long-term economic prosperity should be supported by
encouraging a sense of place by promoting well-designed built form and cultural planning
and conserving features that help define character including built heritage resources.
Furthermore, the PPS directs that significant built heritage resources shall be conserved.
50
Municipality of Clarington
Report PSD -025-19 Page 5
3.2 "Conserved" is defined as the identification, protection, management and use of built
heritage resources in a manner that ensures their cultural heritage value or interest is
retained under the Ontario Heritage Act. This may be achieved by the implementation of
recommendations set out in a conservation plan, archaeological assessment and/or
heritage impact assessment. Mitigation measures and/or alternative development
approaches can be included in these plans and assessments.
The Provincial Growth Plan (2017)
3.3 The Growth Plan, 2017 directs that cultural heritage resources will be conserved and
promoted in order to foster a sense of place for the social, cultural, and economic benefit
of communities.
Durham Regional Official Plan
3.4 The Regional Official Plan provides that the conservation, protection and/or enhancement
of Durham's built and cultural heritage resources is encouraged.
4. Clarington Policy and Regulations
4.1 The Clarington Official Plan provides that when a cultural heritage resource is designated
under the Ontario Heritage Act or is recognized on the Cultural Heritage Resources List,
the Municipality shall discourage the demolition or the inappropriate alteration of a cultural
heritage resource. Whenever possible, built heritage resources should be retained for the
original use and in their original location. Where the original uses cannot be maintained,
the adaptive reuse of built heritage resources will be supported. If no other alternative
exists for maintaining structures in their original location, consideration may be given to
the relocation of the structure. Should a heritage resource be demolished, the
dismantling, salvage and reuse of materials is encouraged.
4.2 61 Liberty Street North and 175 Liberty Street North are designated Urban Residential by
the Clarington Official Plan, 2018, and are located along a Local Corridor. The Official
Plan intends that corridors shall provide for intensification, mixed-use, and pedestrian and
transit supportive development. Density and built form shall incorporate and be sensitive
to existing local character and scale to create an attractive and compatible built form with
a distinctive community image. The inclusion of these properties on the Municipal
Register will help to ensure the merits of these cultural resources are properly evaluated,
and considered as part of any future redevelopment along the Liberty Street Local
Corridor.
4.3 1440 Gord Vinson Avenue is located within the Courtice South-West Secondary Plan
area. The Secondary Plan identifies the subject dwelling as a heritage house. Applicable
policies state it is the intent of Council to ensure the conservation of these structures, and
the appropriate integration of adjacent residences.
51
Municipality of Clarington
Report PSD -025-19 Page 6
4.4 The properties known as 62 Concession Street, 10 Argyle Street, 11 Argyle Street, and 4
Duke Street are within the area subject to Interim Control By-law (ICBL) 2018-083. ICBL
2018-083 is a By-law to enable the Municipality to undertake a Residential
Neighbourhood Character Study to address concerns regarding redevelopment in
established residential areas. The Study will contribute to the development of zoning
regulations that better reflect neighbourhood character, and will inform the ongoing
Zoning By-law Review.
5. Public Notice
5.1 Under the Ontario Heritage Act, 2005 there is no notification requirement before Council
adds a property to the Municipal Register as a listed property. However, it has been the
Municipality's practice to notify property owners.
5.2 On October 30, 2018, Planning staff sent a letter to the owners of the eight properties
proposed to be added to the Municipal Register. The letter notified property owners that
the Heritage Committee completed a street -front evaluation of their home, and identified it
as notable for its architectural and historical attributes. A Resident Information Sheet
explaining the Municipal Register, and what having their home on the Registry means,
was attached to the letter (Attachment 9). Owners were invited to contact Planning staff
to discuss the Heritage Committee's evaluation.
5.3 As of the writing of this report, Planning staff had communicated with the owner of 61
Liberty Street North in November 2018 in response to the October 30, 2018 notification
letter. Correspondence related to the heritage attributes of the home, and clarification that
any future plans for alterations to the home would not be impacted by listing the property
on the Municipal Register.
5.4 On April 4, 2019 written notice was sent to all property owners indicating a staff report
would be going to Planning and Development Committee recommending adding the
subject properties to the Municipal Register.
6. Concurrence
Not Applicable.
7. Conclusion
Cultural heritage resources significantly contribute to Clarington's community fabric.
Proactively adding properties to the Municipal Register (i) allows the Municipality 60 days
to evaluate the property in more detail and explore conservation options, prior to the
issuance of a demolition permit (ii) recognizes the property's cultural value or interest, and
(iii) illustrates the community's appreciation for its local culture and heritage.
Staff and the Clarington Heritage Committee respectfully recommend that the following
properties be added to the Municipal Register: 61 Liberty Street North (Medland House);
52
Municipality of Clarington
Resort PSD -025-19
Paae 7
62 Concession Street (Francis McArthur House); 1440 Gord Vinson Avenue, Courtice;
175 Liberty Street North (Galbraith Home); 3438 Green Road (Crawford House); 10
Argyle Street (Loscombe Cottage); 11 Argyle Street; and 4 Duke Street.
Submitted by: Reviewed by:
Michael Seaman, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B
Director of Planning Services CAO
Staff Contact: Sarah Allin, Planner II, 905-623-3379 ext. 2419 or sallin@clarington.net
SA/FL/MS/nl
Attachments:
Attachment 1
— 61 Liberty Street North (Medland House)
Attachment 2
— 62 Concession Street (Francis McArthur House)
Attachment 3
— 1440 Gord Vinson Avenue
Attachment 4
— 175 Liberty Street North, (Galbraith House)
Attachment 5
— 3438 Green Road (Crawford House)
Attachment 6
— 10 Argyle Street (Loscombe Cottage)
Attachment 7
— 11 Argyle Street
Attachment 8
— 4 Duke Street
Attachment 9
— Municipal Register Information Sheet
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
53
Municiaality of Clarin
61 Liberty Street North (Medland House)
54
Attachment 1 to
Report PSD -025-19
The dwelling, known as the
Medland House is a Regency
Villa with Greek Revival
detailing, and is identified as one
of the most unusual regency
villas in Bowmanville because of
the original stucco exterior with
wood surrounds around the front
entrance and windows. The
north side of the dwelling is
uniquely constructed with one -
inch staggered planks to support
the stucco. The verandah is an
extension of the main roof, and
was originally supported by
wooden columns.
The dwelling has undergone
significant alterations over time,
including the addition of white
siding over the original stucco
exterior, removal of the Greek
Revival style pilasters across the
front verandah, and removal of
Gothic windows original to the
front dormer.
The Medlands were the most
notable family to have
historically lived in the dwelling,
notwithstanding the house was
built prior to their arrival. Mr.
John Medland was employed at
the Dominion Organ and Piano
Company, and one of his
daughters, Annie Medland, was
a milliner with a local shop.
Municipality of Clarington
62 Concession Street (Francis McArthur House)
Attachment 2 to
Report PSD -025-19
The dwelling, known as the
Francis McArthur House, was
built around 1879 and is cited
as the finest example of a High
Victorian house design in
Bowmanville. The dwelling is
well preserved, exhibits an
irregular profile and floor plan,
and is rich in decorative
detailing, characteristic of High
Victorian style. Notable
features include polychromatic
brickwork, the prominent
verandah, and wrought iron
finials at the peaks of the main
fagade. Also on the property is
a carriage house that has
retained much of its original
architecture, although
renovated. The dwelling itself
has been subject to minor
alterations. The owners have
conserved the house with great
care and attention to detail.
The house was built by Francis
McArthur, who was the
president of the Upper Canada
Furniture Factory, a general
merchant, and twice served as
the Mayor of Bowmanville in the
1870s and 1880s. He was also
involved with St. Paul's Church.
Subsequent owners included John Kyde, a local cabinet maker and partner in the
Dominion Organ & Piano Company in Bowmanville.
55
Municipality of Clarington
1440 Gord Vinson Avenue, Courtice
56
Attachment 3 to
Report PSD -025-19
This 1 '/2 storey Ontario
farmhouse was constructed
circa 1860 of stone cut ashlar in
broken course, and displays
elements of Gothic and Greek
Revival styles. The dwelling
exhibits decorative barge board
along the gables, which frames
the gothic -style window in the
centre. The dwelling represents
one of the few historical houses
remaining in Courtice.
The original settler of the
property is thought to be
William Everson, a farmer with
eight children.
Municipality of Clarington
175 Liberty Street North (Galbraith House)
57
Attachment 4 to
Report PSD -025-19
The Galbraith House, also
referred to as "Meadowbank",
is a 1 '/2 storey Georgian -style
brick farmhouse, typical of
houses built in Darlington
during the mid -1800s (the
house is c. 1855). Its
symmetrical fagade is three
bays wide, and is accented with
buff brick moulding around the
windows. The projecting central
bay encompassing the front
door, and the second floor
window with the decorative
half -round ventilator distinguish
this house from other examples
in Bowmanville.
Malcolm Galbraith was a
solicitor who settled in the area
in 1845 on lands along the
Broken Front. Years later he
bought the subject property and
built the Galbraith House. He
was father to eight children,
and served as the Town's
Treasurer from 1862-1880.
One of his sons became Mayor
in 1880.
Municipality of Clarington
3438 Green Road (Crawford House)
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PP
Attachment 5 to
Report PSD -025-19
The Crawford House, built as
early as 1860, is a 1 '/2 storey
dwelling originally with an L-
shaped floor plan. This house is
most notable for the fact that it
was uncharacteristically
constructed of fieldstone, as
such dwellings with this L-
shaped floor plan of that time in
Darlington were almost
exclusively constructed of brick.
Architectural features include a
Gothic -style gable in the side
wing, decorative bargeboard in
the gables, a Regency -style
trellage verandah, and arched
windows which became
common in 1870. There have
been substantial additions to
the dwelling over time, however
the original structure has been
well-preserved.
Documentation indicates the
property, originally 200 acres,
was owned by James Crawford
in 1861. By 1878, the property
was owned by William
Crawford, likely James' son.
Municipality of Clarington
10 Argyle Street (Loscombe Cottage)
Attachment 6 to
Report PSD -025-19
This dwelling is known as the
Loscombe Cottage, and was
built circa 1855. It is cited as
one of the finest surviving
examples of a small Regency
cottage in Bowmanville. The
house features high quality
masonry, large Venetian
windows, and a decorative
gable, accented with a semi-
circular louvered vent.
The original dwelling has been
altered by front porch and rear
additions, and the removal of
the original windows.
The dwelling was likely built by
brick layer and mason, Edwin
Coleman, son of Peter
Coleman, who arrived in
Bowmanville around 1835.
Peter Coleman was a bailiff
under "Court of Requests",
who purchased approximately
100 acres of land between
1848 and 1852 in the area
south of Ontario Street,
between Liberty and Argyle.
He subsequently began
subdividing the land and
selling lots, some of which
included this type of Regency
cottage, thereby creating the
residential neighbourhood in
this area.
The Loscombes, for whom the house is known, purchased the cottage around 1875,
and owned it until after the turn of the century.
59
Municipality of Clarington
11 Argyle Street
Attachment 7 to
Report PSD -025-19
This dwelling is an
example of the type of
small Regency
cottages built in this
area of Bowmanville
during the 1850s. It is
notable however,
because of its unique
side entrance. Also of
interest are the semi -
elliptical transoms in
the windows, which
became more common
around the turn of the
century. The house has
undergone a number of
alterations including
the verandah, which
was likely added during
the early 20th century,
and has been modified
over time.
The dwelling is thought
to be built by the
Coleman family who
owned over 100 acres,
and developed this
residential area in the
1850s.
Municipality of Clarin
4 Duke Street
61
Attachment 8 to
Report PSD -025-19
4 Duke Street is an example
of a small Regency cottage,
built approximately 1860, in
the Ontario/Liberty Streets
area of Bowmanville. This
particular cottage has been
recognized because of its less
common 5 -bay construction
(rather than the more
common 3 bays), and its
contribution to the grouping of
small Regency cottages along
Argyle and Duke Streets that
are generally well-preserved.
The dwelling was likely built
by the Coleman family who
owned over 100 acres, and
developed this residential
area in the 1850s.
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Presentations and Handouts
Municipal Heritage Register
An Overview of the
Recommendations
PSD -025-19
Municipal Heritage Register and
to add Eight (8) Properties
Planning & Development Committee
April 23, 2019
Clarington Planning Services
1, 11
4W
Municipal Heritage Register
• Under the Ontario Heritage Act, 2005, the Municipality of Clarington is required to
maintain a formal Municipal Heritage Register of properties that have cultural
heritage value or interest;
• The Municipal Register includes 2 types of properties, including:
• Designated Properties under Part IV & V of the Ontario Heritage Act; and
• Non -designated Properties
• A property may be included on the Municipal Register because it:
• Exhibits distinct architectural style or design value;
• Is associated with an important person, event, or activity; or
• Has historical connections with its surroundings.
Municipal Heritage Register
The Clarington Official Plan, 2018 includes
objectives and policies that encourage the
conservation, protection, enhancement, and
adaptive reuse of cultural heritage resources.
Policies provide for a range of scenarios to
guide the evaluation of cultural heritage
resources, and to determine the most
appropriate path to conservation on a case-by-
case basis.
Municipal Heritage Register
What does it mean when a property is added to the Municipal Register as a "Non -
Designated" property?
• Formal indication that a property has cultural heritage value
• Provides for a 60 day period to review a demolition permit with supporting
information
• Owners continue to be able to undertake works, or sale of property through normal
processes
Municipal Heritage Register
There are currently 87 properties on Clarington's Municipal Heritage Register
comprised of:
• 74 Properties Designated by By-law under Part IV; and
• 13 Non -Designated Properties
Non -Designated Properties added to the Register to date have been those that are
under threat of demolition or land severance.
Municipal Heritage Register
How does a property become added to the Register?
• The Clarington Heritage Committee (CHC) evaluates the cultural heritage merits of
a property using a standardized scoring system and makes a recommendation to
add the property to the Municipal Register
• Property owners are notified of the CHC's recommendation
• Planning Services Report recommending the addition of the property to the
Municipal Register is presented to Council for its consideration
The CHC has evaluated and made recommendation to add eight (8) properties to the
Municipal Register, as per the recommendations contained in PSD -025-19
Municipal Heritage Register
8 Properties proposed to be
Added
• 7 located in Bowmanville, 1 in
Courtice
• Notice sent to Property Owners in
October 2018 and April 2019
• Correspondence from one (1)
property owner
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Municipal Heritage Registe
61 Liberty Street North
(the Medland House)
• A Regency Villa with
Greek Revival detailing
• Unique because of the
original stucco exterior
with wood surrounds
around the front door
and window
• Most notably inhabited
by the Medland family
r
Municipal Heritage Register
62 Concession Street W.
(Francis McArthur House)
• Built approx. 1879 for
Francis McArthur
• Finest example of a
High Victorian house
design in Bowmanville
• Irregular floor plan, and
rich in decorative
detailing, including
wrought iron finials
Municipal Heritage Reqiste
1440 Gord Vinson
Avenue
• Built approx. 1860 of
stone cut ashlar
• Elements of Gothic and
Greek Revival styles
• One of the Courtice's
few remaining
historical homes
• Originally settled by
farmer William Everson
r
Municipal Heritage Register
175 Liberty Street North
(Galbraith House)
• Mid 1850s Georgian -
style brick farmhouse
• Unique design
because of the
projecting central bay
• Built for Malcolm
Galbraith
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• '� LOMB CRESCENT
P��' ■ ro=
Municipal Heritage Register
3438 Green Road
(Crawford House)
• 1 �/2 storey L-shaped
dwelling uniquely
constructed of
fieldstone rather than
brick
• Gothic -style gable in
side wing, and
Regency -style
verandah
• Part of original 200
acres owned by James
Crawford
Municipal Heritage Register
10 Argyle Street
(Loscombe Cottage)
• Built approx. 1855 by
the Coleman family
who subdivided land
and built homes
• Among the best
examples of a small
Regency Cottage in
Bowmanville
• Exhibits high quality
masonry, large
venetian windows, and
decorative gable
�� I
Municipal Heritage Register
11 Argyle Street
• Built approx. 1855 by
the Coleman family
who subdivided land
and built homes
• Unique example of a
small Regency Cottage
because of its side
entrance and semi -
elliptical transoms in
the windows
11
Municipal Heritage Register
4 Duke Street
• Small Regency
Cottage built as part of
the Coleman's
residential area
• Unique example
because it has five
bays, rather than three
• Valued contribution to
the grouping of
Regency cottages in
this area
Municipal Heritage Register
Municipal Register of Properties of Cultural Heritage Value or Interest: Resident Info Sheet
What is the Municipal Register?
The Ontario Heritage Act (OHA) requires the municipality to maintain a formal register of properties that have cultural heritage
value or interest. It is a list of properties that Council considers to be important to the community for any of the following reasons: you
• Due to the property's distinctive architectural or design value
• Because the property is associated with an important person, event or activity that is significant to the community's heritage
• The property is historically linked to its surroundings or is a landmark
What types of properties are included on the register?
The register includes a variety of properties with heritage value, including:
• Properties that are designated by by-law under the OHA (either individually or as part of a Conservation District)
• Properties that are not designated by by-law under the OHA but Council deems to have cultural heritage value or interest
What does it mean if my property
is on the Register?
• Non -designated properties on the
register cannot be demolished
unless the owners give Council at
least 60 days' notice in writing
• Listing a property on the register
does not provide any legal
protection to the properties on it (it
must also be designated by by-law
in order to have legal protection)
Can alterations or additions
be done to properties on the
register?
Yes, for non -designated
properties. Any alterations or
additions would follow the
same process as for any
property
Can I sell my property without
notifying the municipality if
it's listed in the register?
. Yes
How does a property get to be listed on the
register?
• The Clarington Heritage Committee (CHC)
researches, evaluates and scores the suitability of
a property for inclusion on the register using a
standardized assessment template
• Planning staff, in consultation with the CHC, will
forward a recommendation to Council to add
suitable properties to the register
• Council will make decision at a public meeting
• The property owner will be notified of the meeting
and can choose to address Council if desired