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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 Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. 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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 -1- 0 Clarftwn 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 -2- 5 Cladwwn Planning and Development Committee Minutes April 1, 2019 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. -3- A• Cladwwn Planning and Development Committee Minutes April 1, 2019 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 -4- Clarftwn Planning and Development Committee Minutes April 1, 2019 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 -5- 0 Clarftwn Planning and Development Committee Minutes April 1, 2019 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 E Clarftwn Planning and Development Committee Minutes 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 7- 10 Cladwwn Planning and Development Committee Minutes April 1, 2019 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) 11 Clarftwn Planning and Development Committee Minutes April 1, 2019 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. M 12 Clarftwn 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. -10- 13 Clarftwn Planning and Development Committee Minutes April 1, 2019 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. -11- 14 Clarftwn Planning and Development Committee Minutes April 1, 2019 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. -12- 15 Cladwwn Planning and Development Committee Minutes April 1, 2019 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 ..... ..............+.............J.... i IF �i • i a I Y + 1F I I i � 1 J 1 ■� t 1 1 ' �nniaoEunu�+',+evr 1 1 � IiA FUrURE:DEVELOPMENT 11]IlYIuIQYnlQr c{.al,r-r xxre ■ ■ r Other Lands Owned By Applicant .� Subject Site I i Y + 1 y lk' IPA J li 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 - y� �w the p [nthak6y PIL*gkrrrQ, s. 33g79 e21d�p feet 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 vluwF PART LOT BLOCK 29 AJLI OGL LJ BLOCK 28 Street TCI S reet 'A' C I,mc vlyl.slG � �II;� II "v N II DEVELOPMENTS ADDRIONAL INFORMATION UNDER THE PLANNING ACT KEY PLAN -Not to Scale OTHER LANDS OWNED Ilrmw nMbn 51111) i IM 1'knNn9 Ad Inl,umalwn�q�Ir.Itl by clrls°sn,x,C IJF 1.[..AJsn mGrel,ne N°y pNne. PROPOSED Na IIIrvY W, prawn I)RAFT DRAFT PLAN BY APPLICANT OWNER'S CERTIFICATE OWNSURVEYOR'S SURPVEYORY'S CERTIFICATE 1 Ln OF SUBDIVISION OF Imkk Y I1NrlNL HOUNIwEts os rrrr lANn TGI1t: wluNwue-lTl- mxsmx,O UIE wJ.cENnNu 11N1E E PART OF LOT 28 Fra+rllavnlolJruNnweuvN BR.WIFIEL. RESIDENTLAL IONIAWU7LMII LI3 CONCESSION 2 _ u • a C-] ffi �e NYJE,OT ,',S 8 ^L, Ti I MUNICIPALITY OF CLARINGTON 'AIGNAIxNL nNIILF' UAl E 'ULf'., 14.26,6' — (GEOGRAPHIC TOWNSHIP OF CLARKE, FORMERLY VILLAGE OF NEWCASTLE) Street 'F1 REGIONAL MUNICIPALITY OF DURHAM _ — SCHEDULE OF LAND USES; Ln A SITE STATISTICS: N O LOW DENSITY RESIDENTUU. LOTS uWS E 11•m FRONTAGES- 13 1] IOETACNEDDwti UL SI O 1].l •m FRONTAGES - Iz 11 LIN SY3 4S RNn,ay Slr°°I. WNlhy Ll432 ICETACHED DWELDNGEI A TOTAL F LOTSIUNIYs s.F. RESIOE — 35 3E TelA AREAS.F.RESIDGWIAL LAND USE BLOCKS OLOCNS AREA 1.1 PART LOTS ]F-]° °,33 'P S . MnOENINc J1�T 0.01 TOTALARFA °S6 M1a J W ROADS LFNGsxI-y ABFA{ml c0 O y N W A (P Pq� l BROOKFIELD HOMES --— i01AL ANEA O.JT v - TOTAL AREA OF SUBN1155bN t,6J m PART LOT BLOCK 29 AJLI OGL LJ BLOCK 28 Street TCI S reet 'A' +m• r •� �,�•.,� rAa w �aF rm,°,Naa +.aa.sa Ne. r,�,,,n,,,ns,owAlllnurawlrgslawr.�Nywreu nNnll„xs,o-Gvrr,L,n]wlx.nwq �+ = Ae,o r — C A G' B R O O K F! E L D DEVELOPMENTS ADDRIONAL INFORMATION UNDER THE PLANNING ACT OVIS -- A ORIGINAL SUBMISSION SC. Ilrmw nMbn 51111) i IM 1'knNn9 Ad Inl,umalwn�q�Ir.Itl by clrls°sn,x,C IJF 1.[..AJsn mGrel,ne N°y pNne. Hl l'IplM muNcl{ml w:Nm.au{Wy II $:f::°Y. CWy KI NImmIrJp:J �,ernnn mryenn Na IIIrvY W, prawn I)RAFT r OWNER'S CERTIFICATE OWNSURVEYOR'S SURPVEYORY'S CERTIFICATE 1 Ln wF lIY- w_cNSN�m_nawxrxsa nlE sxn.Nr.I IAN.11 xLxcxruxlloKNe relo "Inry Imkk Y I1NrlNL HOUNIwEts os rrrr lANn TGI1t: wluNwue-lTl- mxsmx,O UIE wJ.cENnNu 11N1E E Ot O w n„Lp Fra+rllavnlolJruNnweuvN BR.WIFIEL. RESIDENTLAL IONIAWU7LMII LI3 rrnaA}El�N+11U0WiEU1L�1Nvm QN rry al n.N J.D. BARNES GMNNt]I ANn yVkVF'/Uk5 TGK;NEU _ u • a C-] ffi �e NYJE,OT ,',S 8 ^L, Ti I SIGNLG 'GIGNATURF UTJ 'AUG. tl, p,1.Fll 'AIGNAIxNL nNIILF' UAl E 'ULf'., 14.26,6' — F F („ �— >o a, Street 'F1 _ — +m• r •� �,�•.,� rAa w �aF rm,°,Naa +.aa.sa Ne. r,�,,,n,,,ns,owAlllnurawlrgslawr.�Nywreu nNnll„xs,o-Gvrr,L,n]wlx.nwq �+ = Ae,o r — 5PW m 7 o n � Y $�� .-- xroyrloT cLOCKo5 'I L K I :. a � � '; �o k —.-- Nw'ze•rp'3 A G' STREET C e REVISED FON DRAFT APPROVAL A.G, B,J. B.J. OVIS -- A ORIGINAL SUBMISSION SC. B J. 6,4. CC7116 Na IIIrvY W, prawn I)RAFT Drawing Revisions NNW: • IMlcu[os al9nulurua rm nNUWi Gran of drawlrg nr L,al reWxV°n M d,—i,,y APPROVED Al Ln PLAN S- -2 05 00 4:y F +m• r •� �,�•.,� rAa w �aF rm,°,Naa +.aa.sa Ne. r,�,,,n,,,ns,owAlllnurawlrgslawr.�Nywreu nNnll„xs,o-Gvrr,L,n]wlx.nwq �+ = Ae,o r — 5PW m 7 o n � Y $�� .-- xroyrloT cLOCKo5 'I L K I :. a � � '; �o k —.-- Nw'ze•rp'3 A G' STREET C e REVISED FON DRAFT APPROVAL A.G, B,J. B.J. OVIS -- A ORIGINAL SUBMISSION SC. B J. 6,4. CC7116 Na IIIrvY W, prawn MuwOtt iNwroMtttt Drawing Revisions NNW: • IMlcu[os al9nulurua rm nNUWi Gran of drawlrg nr L,al reWxV°n M d,—i,,y GHDIno, c°nmlwrmul usu. nux auu,r:mnl,rr.ry w,yw �.�°nvcxv',=Iwnl w,ra ur., °owr Aeraui xnru GHu nna ayr,x,d (an yw Ihly Wawllon[}}p Rw yurpeeu IurwNa it wex U.eparan°ntl maslaa Ga Us°9 Dy any otN°r p°rwn °r Many mM1°r lxrp°F6. Al C � — STREET C ` J s 0 0 20 30 99 5Un E a — m SCALE 1',1419 0.T DHIGINAL 51ZE 1 — nw Ln A W N O cp — Cp @ y LIN SY3 4S RNn,ay Slr°°I. WNlhy Ll432 C7 A T1]0E H9G GA9J FiJOS h31 ]E]1 7 yWNIe1K*gw.wm W www.9-.. 'P S J W c0 O y N W A (P Pq� l BROOKFIELD HOMES -� -- �- ALLIN PROPERTY 11 E STREET F R E ■ R nw L C OrewM1 A.G. Dnslgncr App—M B. Jordan w! t_ S,e r� g• (Prolccl Dkacmrl Date OCTOBEFZ2016 Prnjrcl R OrayAn,l Nn, Original Size Arch D 11116916-DP2 N_ B 32 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: Page 110 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. U CONCESSION ROA03 CONCESSIO _h 3¢ T a 0 a 0 r r w � y o F K MON ROE STREET W O MONROE STREET E Will Zoning Change From'A-1' To'(H)R1-86' N Newcastle • ZBA 2017-0028 • Schedule 5 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk lb Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: 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. N Pebblestone j`oad In E.1 a. ►� 8�14 � I � I _ NashLRoad - JL �� ConcessionJRd-3 �_ Hlghway_.2 � 3 �` L] rCourt Ce `y�9 Maple mj- j h c u & & o f wdy� Grope y v Bow Me p nFe;shn Street Bloor-Streeter - _ "�;Iun9=St�reet� .o 10 401, \ Baseline Fuad "1 - Baseline -Road= -0Ul_ 0 - ar��rgyle Street s' 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) o jo W .. J' 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. 5 O T7 L o � cB '> L > � O 0 U > a) � � O C ca L C Q � U Q E i E O p � O7 O O � > E � v (B O Q L E ° E C p > -0 E o cB O C6 U — O CMO Q U U O U N �. 0) (j 'V -C O o O E : E U � •� O }' U Q) y a) -� O U 1 O p cB >, CD QN cn CDL a) •C M = O L y ; Q .— O N z ol L i Q O a) 0 m t Q)i ❑ m H >❑❑❑ 62 VVWEIHUVWR HSRVJB F- I (D_0 (1) 0 ^ ma co-) U _0 L E c = U O N 70 U L o _ U O (D U) 0 •C;) 70 0 � a--. p � Q O •C E OU 0 E C 0 T O U O O -0 U o o o 00cz L Q)0 O O Q = m E: u E O C> •— M p O 0 O O p -U a E O uj N +� (3)0 L cC C p >+ •N U L O U M Q M O O O U m 00--MO•E Z� c Q SO ON N cOn Q c6 C N 70 •C H c6 U o in U H m 2 i ❑ ❑ Ui L O O Q U U% C •� O O _0 OU - ` o U Q O o 3 � N W 70 O M 0) L 0 _Q O t1 ❑ i m p U C O > m M ca OL r 0- -0 >, � C U Q Q E 2 a) O -0 i Q n �g p Q to C 0 0 a) >, O O C U3� (n U O O 9 E O O L O L p 0) L a) = C a) O O Q) o m (n.� — El ON 0 vi o_ E O_ — U c U a) ° ca° c}c a a� M O v� Q m U Q m O U U Q -0 N U% C •� C O OU O U Q o O U � C6 W 70 O 0) L Q) E m a) > m Q ca L 0- L Q •� N a) } -0 O L O O N to 2 O C a) > CU O 9 O O O tn� 0) (D QAC O O O O N L — El t6 0 0 cn L 7 U U N _0 c}c o 0) v� o o 0 s O .L 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 0 a Pebblestone= oad R a ° RI o 0 E l Lr _Nash Road � j � oncession-Rd=3 4 —HiJBway z� lil M d f COUI tlCe� _ b.� =y,9h� Maple c °° N� J �o a a_� a, - T Grove Bowmanville LI ioWst—t Bloor-Streeter LC:j King-Street— 0 R E ~ 8 4014 r _ a o i L.,. aselme-Road=�� � 111 - -- -401 L a k e - O, } s 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 T,LLEY ROAD Z, w I - • '� 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