HomeMy WebLinkAbout05/13/19Final
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Planning and Development
Committee
Agenda
Date: May 13, 2019
Time: 7:00 PM
Place: Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Inquiries & Accommodations: For inquiries about this agenda, or to
make arrangements for accessibility accommodations for persons attending, please
contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by
email at sgray(a.clarington.net.
Alternate Format: If this information is required in an alternate format, please contact
the Accessibility Coordinator, at 905-623-3379 ext. 2131.
Audio Record: The Municipality of Clarington makes an audio record of General
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General Government Committee meeting, the Municipality will be audio recording you
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Cell Phones: Please ensure all cell phones, mobile and other electronic devices are
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Copies of Reports are available at www.clarington.net
GarjU00II Planning and Development Committee Agenda
Date: May 13, 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 19 Minutes of a Regular Meeting of April 19, 2019
Minutes
7 Public Meetings
7.1 Public Meeting Application for a Proposed Zoning By-law Amendment
Applicant: Lindvest Properties (Clarington) Ltd.
Report: PSD -026-19
Location: Aldridge Lane, Newcastle, off Donald
Powell Crescent
8 Delegations
Page 5
Page 11
8.1 Jennifer Savini, Templeman LLP, regarding Growth Plan Proposed Transition
Regulation- OPA 107
8.2 Carolyn Molinari, CM Planning Inc., regarding Growth Plan Proposed Transition
Regulation- OPA 107
Page 2
CIarifl#oII Planning and Development Committee Agenda
Date: May 13, 2019
Time: 7:00 PM
Place: Council Chambers
9 Communications - Receive for Information
There are no Communications to be received for information.
10 Communications — Direction
10.1 Dale Gibbons, Dale Gibbons, Chair, Courtice Family Concerts in the Park
Courtice — Request for Exemption to Sign By-law
Family
Concerts in the (Motion to approve an exemption to the
Park Municipality's Sign By-law for a two month
period commencing June 12, 2019 for the
property at 1463 Regional Highway No. 2)
11 Presentations
Page 13
11.1 Brandon Weiler, Planner II and Paul Wirch, Planner, Regarding Courtice Main Street
12 Planning Services Department Reports
12.1 PSD -026-19 An Application by Lindvest Properties (Clarington) Ltd. to Page 15
Create a Common Elements Plan of Condominium at
Aldridge Lane, Newcastle
13 New Business — Consideration
13.1 Lakeshore East GO Train Extension Resolution
14 Unfinished Business
14.1 Matter Regarding Townhouse/Condominium Air Conditioning Units and Page 25
other Condensing Units [Referred from the April 29, 2019 Council Meeting]
15 Confidential Reports
No Reports
16 Adjournment
Page 3
CIarifl#oII Planning and Development Committee Agenda
Date: May 13, 2019
Time: 7:00 PM
Place: Council Chambers
This page was intentionally left blank.
Page 4
Clarftwn Planning and Development Committee
Minutes
April 23, 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 Tuesday,
April 23, 2019 at 7:00 PM in the Council Chambers.
Present Were: Mayor A. Foster, Councillor R. Hooper, Councillor J. Jones,
Councillor J. Neal, and Councillor M. Zwart
Regrets: Councillor G. Anderson and Councillor C. Traill
Staff Present: A. Allison, M. Seaman, A. Greentree, F. Langmaid, K. Richardson,
C. Pellarin, S. Gray
1 Call to Order
Councillor Neal called the meeting to order at 7:00 PM.
Suspend the Rules
Resolution #PD -058-19
Moved by Mayor Foster, seconded by Councillor Hooper
That the Rules of Procedure be suspended; and
That Dr. Paul Hoy be added as a delegation regarding Report PSD -025-19,
Recommendation to Add Eight (8) Properties to the Municipal Heritage Register.
Carried
2 New Business — Introduction
Mayor Foster added a new business item, regarding a Verbal Update from the CAO
regarding the GO Transit Expansion to the New Business — Consideration section of the
agenda.
Councillor Neal added a new business item, regarding Townhouse/Condominium Air
Conditioning and Condensing Units to the New Business — Consideration section of the
agenda.
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Clarftwn
3 Adopt the Agenda
Resolution #PD -059-19
Planning and Development Committee
Minutes
April 23, 2019
Moved by Mayor Foster, seconded by Councillor Jones
That the Agenda for the Planning and Development Committee meeting of April 23, 2018
be adopted as presented, with the addition of the new business item regarding:
x Nerbal Update from the CAO regarding the GO Transit Expansion
x Townhouse/Condominium Air Conditioning and Condensing Units.
Carried
4 Declarations of Interest
There were no disclosures of interest stated at this meeting.
5 Announcements
Members of Committee announced upcoming community events and matters of
community interest.
The Director of Planning Services introduced Greg Bunker, Planner II.
6 Adoption of Minutes of Previous Meeting
Resolution #PD -060-19
Moved by Councillor Hooper, seconded by Councillor Zwart
That the minutes of the regular meeting of the Planning and Development Committee,
held on April 1, 2019, be amended by adding the following after Top of Bank in
paragraph 3 of resolution #PD -045-19, (red line) not the buffer area; and
That the minutes of the regular meeting of the Planning and Development Committee,
held on April 1, 2019, be approved.
Carried
7 Public Meetings
There were no Public Meetings.
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Clarftwn Planning and Development Committee
Minutes
April 23, 2019
8 Delegations
8.1 Dr. Paul Hoy, Regarding Report PSD -025-19, Recommendation to Add Eight
(8) Properties to the Municipal Heritage Register
Dr. Paul Hoy was present regarding Report PSD -025-19, Recommendation to Add Eight
(8) Properties to the Municipal Heritage Register. Mr. Hoy explained that he is in support
of his home being added to the Municipal Heritage Register. He noted that he was
concerned that in the future, if he sold his house, a developer would demolish it. Mr. Hoy
would like the history of his home to be preserved. He advised the Committee that he
would like the ability to sever his lot in the future and asked if that might be possible if his
home is designated heritage. Mr. Hoy explained that the Report only addressed
demolishing a building. He concluded by stating that he is in favour of the
recommendations contained within the Report. Mr. Hoy answered questions from the
Committee.
9 Communications - Receive for Information
There were no Communications to be received for information.
10 Communications— Direction
10.1 Ralph Walton, Regional Clerk/Director of Legislative Services, The Regional
Municipality of Durham, Regarding Envision Durham — Agriculture and
Rural System Discussion Paper (2019-P-12)
Resolution #PD -061-19
Moved by Mayor Foster, seconded by Councillor Jones
That Communication Item 10.1 from Ralph Walton, Regional Clerk/Director of Legislative
Services, The Regional Municipality of Durham, Regarding Envision Durham —
Agriculture and Rural System Discussion Paper (2019-P-12), be referred to staff.
Carried
11 Presentation(s)
11.1 Sarah Allin, Planner II, Heritage, Regarding Report PSD -025-19,
Recommendation to Add Eight (8) Properties to the Municipal Heritage
Register
Sarah Allin, Planner II, Heritage, was present regarding Report PSD -025-19,
Recommendation to Add Eight (8) Properties to the Municipal Heritage Register.
Ms. Allin explained that 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. She advised the Committee that Clarington's
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Clarftwn Planning and Development Committee
Minutes
April 23, 2019
Official Plan includes objectives and policies that encourage the conservation, protection,
enhancement, and adaptive reuse of cultural heritage resources. Ms. Allin noted that
when a property is added to the register as a non -designated property, it represents a
formal acknowledgement that the property has cultural heritage value, thereby promoting
Clarington's local heritage. She explained that there are currently 87 properties on
Clarington's Municipal Heritage Register, comprised of 74 designated properties, and 13
non -designated properties. Ms. Allin provided an overview of how a property is added to
the Register. She explained that Report PSD -025-19 focuses on eight properties,
identified as primary heritage resources on the cultural heritage list and includes a
recommendation that they be added to the Municipal Register. Ms. Allin provided an
overview of the 8 properties and their evaluation of cultural heritage value by the
Heritage Committee.
12 Planning Services Department Reports
12.1 PSD -024-19 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
Resolution #PD -062-19
Moved by Mayor Foster, seconded by Councillor Zwart
That Report PSD -024-19 be received;
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;
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;
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;
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
That all interested parties listed in Report PSD -024-19 and any delegations be advised
of Council's decision.
Carried
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Clarftwn Planning and Development Committee
Minutes
April 23, 2019
12.2 PSD -025-19 Recommendation to Add Eight (8) Properties to the Municipal
Heritage Register
Resolution #PD -063-19
Moved by Councillor Hooper, seconded by Councillor Jones
That Report PSD -025-19 be received;
That 61 Liberty Street North, Bowmanville be added to the Municipal Register;
That 62 Concession Street West, Bowmanville be added to the Municipal Register;
That 1440 Gord Vinson Avenue, Courtice be added to the Municipal Register;
That 175 Liberty Street North, Bowmanville be added to the Municipal Register;
That 3438 Green Road, Bowmanville be added to the Municipal Register;
That 10 Argyle Street, Bowmanville be added to the Municipal Register;
That 11 Argyle Street, Bowmanville be added to the Municipal Register;
That 4 Duke Street, Bowmanville be added to the Municipal Register; and
That all interested parties listed in Report PSD -025-19 and any delegations be advised
of Council's decision.
Carried
13 New Business — Consideration
Andy Allison, CAO provided a verbal update on the GO Train Extension. He reported
that there is a scheduled Town Hall meeting to be hosted by Metrolinx on May 2, 2019
7:00 PM — 8:30 PM at the Abilities Centre in Whitby. Mr. Allison confirmed that it is open
to the public, and staff will be present at the meeting. He stated that there is a very
strong economic benefit for the GO Train Extension to come to Clarington.
Mayor Foster chaired this portion of the Agenda.
Recess
Resolution #PD -064-19
Moved by Councillor Neal, seconded by Councillor Zwart
That the Committee recess for 5 minutes.
Carried
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Cladwwn Planning and Development Committee
Minutes
April 23, 2019
The meeting reconvened at 7:57 PM with Mayor Foster in the Chair.
13.1 Townhouse/Condominium Air Conditioning Units and other Condensing
Units
Resolution #PD -065-19
Moved by Councillor Neal, seconded by Councillor Zwart
That staff be directed to make it a condition of site plan approval that air condition units
and other condensing units not be place in the street facing side of townhouses/
condominiums.
Carried
14 Unfinished Business
15 Confidential Reports
There were no Confidential Reports scheduled under this Section of the Agenda.
16 Adjournment
Resolution #PD -066-19
Moved by Councillor Neal, seconded by Councillor Jones
That the meeting adjourn at 8:02 PM.
Chair
Carried
10
Deputy Clerk
Clarbgton
Notice of Public Meetin
The Municipality has received a Complete Application for a proposed Draft Plan of
Condominium.
11
Lindvest Properties (Clarington) Ltd. has submitted an application for a Draft Plan of Condominium.
The proposal is to have common element condominium applicable to the private lane, visitor
parking, amenity area, sidewalks (including a pedestrian connection to King Avenue) and
landscaped areas. The site contains 37 townhouse units.
- • •
Address: Aldridge Lane, Newcastle, off Donald Powell Crescent
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773 Subject Property
Existing Sidewalks
Buildings
Lands Dedicated to Clarington
Condo Common Elements
Water Meter Room
Amenity Areas
Mailbox
New Walkways
Visitor Parking
Condo Road
King Avenue w
c--zois-aoa� f
s
How to be Informed
Additional information relating to the application is available for review at the Planning Services
Department.
Questions? Please contact Nicole Zambri 905-623-3379, Extension 2422, or by email at
nzambriCcDclarington. net
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How to Provide Comments
Speak at the Public Meeting:
Speak
Date: Monday, May, 13, 2019
Time: 7:00 PM
Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6
Municipal Administrative Centre
Council Chambers
Or write to the Planning Services Department to the attention of Nicole Zambri
File Number: C -C-2018-0009
Cross Reference Files: SPA2016-0017 Registered Plan 40M-2540
11
Freedom of Information and Protection of Privacy Act
The personal information you submit will become part of the public record and may be released to the
public. Questions about the information we collect can be directed to the Clerk's Department at 905-
623-3379, extension 2102.
Accessibility
If you have accessibility needs and require alternate formats of this document or other
accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
Appeal Requirements
If you do not speak at the public meeting or send your comments or concerns to the Municipality of
Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local
Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before
the Local Planning Appeal Tribunal, unless, in the opinion of the Tribunal, there are reasonable
grounds to do so.
for Michael Seaman, MCIP, RPP
Director of Planning Services
12
13
Property Owner's Authorization
1, .LAA1 M&
pe or print name of agent)
being the registered Owner of the subject lands hereby authorize co ecGi1C6F X14Y (_e�re�
/�J 7 -WC 17ye
to prepare and submit this application for approval.
Agreement
INNe agree to comply with the provisions of the Sign By-law, Building By-law and Zoning By-law of
the Corporation and any amendments thereto. INVe further agree that neither the granting of a
permit, nor the approval of any drawings or specifications, nor inspections made by any agent or
employee of the Corporation shall in any way relieve Me/Us from full responsibility for compliance
with the above-mentioned By-laws.
May 3, 2019
Signature of Owner
14
Clar;wgton
PI nnin Services
Planning Se ces
Public Meeting Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
Report To: Planning and Development Committee
Date of Meeting: May 13, 2019
Report Number: PSD -026-19 Resolution Number:
File Number: C -C-2018-0009 By-law Number:
Cross Ref: 18T-89059, SPA2016-0017
Report Subject: An Application by Lindvest properties (Clarington) Ltd. to Create a
Common Elements Plan of Condominium at Aldridge Lane,
Newcastle
Recommendations:
1. That Report PSD -026-19 be received;
2. That provided there are no significant objections to the application during the public
meeting that the Draft Plan of Condominium application submitted by Lindvest Properties
(Clarington) Ltd. be supported, subject to the conditions substantially as contained in
Attachment 1 to Report PSD -026-19;
3. That the Durham Region Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -026-19
and Council's decision; and
4. That all interested parties listed in Report PSD -026-19 and any delegations be advised of
Council's decision.
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Municipality of Clarington
Report PSD -026-19
Report Overview
Page 2
Lindvest Properties Ltd. has submitted a Proposed Plan of Condominium to create a common
elements condominium off of Donald Powell Crescent in Newcastle. The physical design of the
37 townhouse units and the space around them was approved through Site Plan SPA2016-
0017. Provided there are no significant objections to the application during the public meeting,
Staff recommend that the Draft Plan of Condominium application submitted by Lindvest
Properties Ltd. be supported, and that the Director of Planning Services issue Draft Approval,
subject to the conditions substantially as contained in Attachment 1 of this report.
1. Application Details
1.1. Owner/Applicant: Lindvest Properties (Clarington) Ltd.
1.2. Proposal: Application for Draft Plan of Condominium to create a common
elements condominium inclusive of a private street, sidewalks,
10 visitor parking spaces, a water meter room, and
landscaping.
1.3. Area:
1.4. Location:
1.5. Roll Number:
1.6. Within Built Boundary:
1.17 hectares
Aldridge Lane, Newcastle
iE:�rQ1IGilalKilalE:�L'r1
No
16
Municipality of Clarington
Report PSD -026-19
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Subject Property
—New Walkways li
Existing Walkways
Buildings
Water Meter Roomy
Municipal Property
Condo Common Area
Mailbox
ling enuez,O 00
"
Figure 1: Site Plan
2. Background
Page 3
2.1. The proposed townhouse development, Towns of Gracefields is a medium density block
in Registered Plan of Subdivision 40M-2540. It is located in what is known as the Foster
Planning Neighbourhood of Newcastle. The subject lands were part of the application
and public consultation throughout the subdivision approval (file number 18T-89059).
When the subdivision application was being considered, a condominium tenure was not
contemplated. A Public Meeting is required to obtain public input and comment on the
common elements condominium.
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Municipality of Clarington
Report PSD -026-19
Page 4
2.2. Final site plan approval (SPA 2016-0017) was granted for the 37 townhouse units on
May 29, 2018. The physical design of the site was approved through the site plan
process and the following matters were addressed:
x Built form and site layout
x Pedestrian connections
x Landscaping and amenity areas
x Site servicing, grading and stormwater management
x Conformity with the Clarington Official Plan and Zoning By-law
2.3. The site is currently under construction. A minor variance application (A2018-0030) was
also submitted and approved to reduce the interior side yard and rear yard setbacks as
well as to increase the maximum building height. No appeals were received.
2.4. On December 3, 2018, Lindvest Properties (Clarington) Ltd. submitted an application for
a common elements Draft Plan of Condominium. The application for the condominium
deals with the tenure over the common elements portion of the site. The purpose of the
report is to provide a review of the application and a recommendation on the proposed
Draft Plan of Condominium. A full circulation has been undertaken, and agency
conditions of approval are contained in Attachment 1. There are no outstanding
planning issues to be resolved.
2.5. Approval of the Plan of Condominium is delegated to the Director of Planning Services.
Approval of the proposed Common Elements Plan of Condominium will create all the
shared aspects of the condominium. A separate application for Removal of Part Lot
Control has been submitted to create the Parcels of Tied Lands (P.o.T.Ls) for each of
the 37 townhouse lots.
3. Land Characteristics and Surrounding Uses
3.1 The Towns of Gracefields are currently under construction and close to completion. The
lot is identified as Block 174 within a previously registered plan of subdivision (40M-
2540). The surrounding residential subdivision consists of single detached dwellings.
3.2 The subject property is zoned "Urban Residential Type Three (R3)" which allows
townhouse units. The townhouse units have vehicle access by a private lane called
Aldridge Lane.
3.2 The surrounding uses are as follows:
North - Single detached dwellings
South - King Avenue West
East - Single detached dwellings and the Foster Creek valley lands
West - Single detached dwellings
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Municipality of Clarington
Report PSD -026-19
4. Provincial Policy
Page 5
4.1 The Provincial Policy Statement and the Growth Plan are both Provincial policy
documents that would apply to these lands. These documents do not specifically deal
with tenure and are therefore inapplicable to this development application.
5. Official Plans and Zoning By-law
5.1 The Durham Regional Official Plan policies and the Clarington Official Plan policies
allow for residential uses on the subject lands, however the policies do not specifically
deal with common elements condominium. The subject property is zoned "Urban
Residential Type Three (R3)" which allows townhouse units. All land use planning
analysis has previously been provided through the Subdivision Report PD -78-00 and
Minor Variance Report A2018-0030.
6. Public Notice and Submissions
Figure 2: Public Notice Sign
6.1 Public notice was given by mail to each landowner within 120 metres of the subject
lands on April 18, 2019. Public meeting signs were installed on the property, fronting
onto Donald Powell Crescent and King Avenue, on April 23, 2019.
6.2 At the time of writing this report staff have received no inquiries regarding this
application.
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Municipality of Clarington
Report PSD -026-19
7. Agency Comments
Regional Municipality of Durham
Page 6
7.1 On March 20, 2019 Staff received comments from the Regional Municipality of Durham
indicating that the application for Draft Plan of Common Elements Condominium
conforms to the policies of the Regional Official Plan and Provincial Policy. The Region
has no objections to the approval of this application, subject to a number of conditions
of Draft Approval (see Attachment 1).
8. Departmental Comments
Clarington Engineering Services Department
8.1 The Clarington Engineering Services Department has no objections to the approval of
this application.
Clarington Building Division
8.2 The Clarington Building Division has no concerns with this application.
Clarington Emergency and Fire Services Department
8.3 Clarington Emergency Services has no fire safety concerns with this application.
9. Discussion
9.1 The townhouse development for which the common element condominium would
service, consists of a total of seven townhouse blocks with 37 units. The proposed
private laneway (Aldridge Lane) would provide vehicle access to each unit. Ten surface
parking spaces are provided for visitor parking in addition to other common elements
such as landscaping, a community mail box and a metre room.
9.2 To provide a continuous path of travel for residents in the overall subdivision, a walkway
will be part of the common elements condominium which connects from Donald Powell
Crescent to King Avenue. As a condition of approval, an easement will be required (in
favour of the Municipality) over the pedestrian connection from the south access of
Aldridge Lane off of Donald Powell Crescent to King Avenue. This will allow the public
to use the pedestrian connection linking the broader subdivision to King Avenue,
including the public transit stop along King Avenue.
20
Municipality of Clarington
Report PSD -026-19 Page 7
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Emily -Street
F_o5ter_Creek-D'rive � a � m �' ■ �
New Walkways Q Durham Region Transit Stop — GO Transit and Durham Transit Routes
Existing Walkways Q GO Transit Bus Stop Durham Region Transit Routes
Figure 3: Pedestrian Connection
9.3 Each townhouse unit and surrounding parcel of tied land (P.o.T.L.) will eventually be
freehold, meaning each townhouse unit can be bought and sold individually, while
having a shared common interest in the above-mentioned common elements, through
the condominium. Furthermore, all required services are appropriately accommodated
as part of the private road design.
21
Municipality of Clarington
Report PSD -026-19
10. Conclusion
Page 8
The application for a common elements condominium is necessary for providing shared
ownership and maintenance of the internal site services and amenity areas, and is
appropriate for the orderly development of the lands. Based on the comments contained
in this report, it is respectfully recommended that the Director of Planning Services be
authorized to issue draft approval for the proposed plan of condominium, subject to the
conditions of draft approval contained in Attachment 1. An amendment to the Site Plan
Development Agreement will be prepared in order to register the condominium in a
registered legal agreement.
Submitted by.9P 9M"� Reviewed by:
Michael Seaman, MCIP, RPP Andrew C. Allison, B. Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Nicole Zambri, Planner II, 905-623-3379 ext. 2422, or nzambri clarington.net
Attachment 1 — Conditions of Approval
The following is a list of the interested parties to be notified of Council's decision:
Donna Bravo, Lindvest Properties (Clarington) Ltd.
MS/CP/NZ/nl
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Attachment 1 to
Report PSD -026-19
CONDITIONS OF DRAFT APPROVAL
File Number: C -C 2018-0009
Lindvest Properties (Clarington) Ltd.
Issued for Review: XXX, 2019
Notice of Decision:
Draft Approved: _
Michael Seaman, MCIP, RPP
Director of Plannina Services
Conditions of Draft Approval
The Owner shall prepare the final plan on the basis of the approved draft plan of
condominium, prepared by Rady-Pentek & Edward Surveying Ltd., identified as
Job Number 17-190, dated November 13, 2018, which illustrates common
facilities, including a private roadway, visitor parking and an amenity area.
2. The Owner shall name road allowances included in this draft plan to the
satisfaction of the Region of Durham and the Municipality of Clarington.
3. The Owner agrees to create civic addresses for the properties to the satisfaction
of the Municipality of Clarington.
4. Prior to final approval of the plan of condominium, the Owner must provide
satisfactory evidence to the Region of Durham in accordance with the Region's
Site Contamination Protocol to address site contamination matters. Such
evidence may include the completion of a Regional Reliance Letter and
Certificate of Insurance.
5. The Owner shall prepare an R -Plan showing the easement (in favour of the
Municipality of Clarington) over the pedestrian connection from the south access
of Aldridge Lane off of Donald Powell Crescent to King Avenue. This will allow
the public to use the pedestrian connection linking the broader subdivision to
King Avenue, including the public transit stop along King Avenue. The Owner will
be responsible for all costs associated with drafting and registering the
easement.
6. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the execution
of a condominium agreement between the Owner and the Municipality of
Clarington. An amendment to the Site Plan Agreement DR1730271 will be
prepared in order to register the condominium in a registered legal agreement.
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7. The Owner agrees to include in the Declaration of Condominium the following:
The condominium is responsible for annual maintenance of the private
stormwater management measures including (if applicable) the oil/grit
separator and landscaping and for providing the Director of Engineering
Services an annual report of such maintenance being completed.
The Condominium is responsible for the maintenance and repair of the
walkway connecting Donald Powell Crescent to King Avenue.
8. The Owner must provide a lands use table prepared by an Ontario Land
Surveyor to the satisfaction of the Region of Durham. The land use table should
provide lot area calculations for the proposed land use(s) allocated within the
approved plan of condominium.
9. Prior to final approval of this plan of condominium for registration, the Director of
Planning Services for the Municipality of Clarington shall be advised in writing by:
a) Durham Region Planning and Economic Development, how Conditions 1, 2,
4 and 8 have been satisfied.
Notes to Draft Approval
As the Owner of the proposed condominium, it is your responsibility to satisfy all
of the 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.
2. All plans of condominium must be registered in the Land Titles system within the
Regional Municipality of Durham.
3. If final approval is not given to this plan within 3 years of the draft approval date,
and no extensions have been granted, draft approval shall lapse and the file shall
be CLOSED. Extensions may be granted provided valid reason is given and is
submitted to the Director of Planning Services for the Municipality of Clarington
well in advance of the lapsing date.
4. At such time as the draft approval is in effect, the Owner is required to provide
digital copies of the draft approved plan and Conditions of Draft Approval to the
Region of Durham Planning and Economic Development Department and the
Municipality of Clarington Planning Services Department.
FA
24
14.1 Unfinished Business
Excerpt of the April 29, 2019
Council Minutes
Item 3 of the Planning and Development Committee Report:
That staff be directed to make it a condition of site plan approval that air condition
units and other condensing units not be place in the street facing side of
townhouses/ condominiums.
Item 3 — Townhouse/Condominium Air Conditioning Units and other Condensing
Units
Resolution #C-164-19
Moved by Councillor Neal, seconded by Councillor Anderson
That Item 3 of the Planning and Development Committee Report regarding
Townhouse/Condominium Air Conditioning Units and other Condensing Units be
referred to the May 13, 2019 Planning and Development Committee meeting.
Carried
25
Municipality of Clarington
Planning & Development Committee
Resolution #
Date: May 13, 2019
Moved by: Mayor Adrian Foster
Seconded by:
PG.25.06 PD
Whereas in 2011 Metrolinx completed a comprehensive and objective Environmental
Assessment (E.A.) for the recommended extension of GO Train Service through
Oshawa to Courtice and Bowmanville; and,
Whereas the E.A. considered a number of route options and through public input
concluded that the extension along the CP Rail line through Oshawa to Courtice and
Bowmanville was the preferred route for both Metrolinx and the local communities; and,
Whereas since 2011 based on the commitment of Metrolinx and the Province to
advance the recommended 2011 E.A. route along the CP Rail line, the Region of
Durham, the Municipality of Clarington, the City of Oshawa, and the Town of Whitby
have undertaken a number of actions such as:
f Including the recommended route and complementary land use policies in the
Official Plans and zoning by-laws;
f Advancing development charges, capital expenditures and capital budgets to
accommodate the extension; and
PG.25.06 PD
f Advancing transit considerations to service the route and proposed stations; and,
Whereas Metrolinx completed a justified business case in 2015 confirming the CP Rail
alignment as recommended by the E.A. utilizing their internal business case criteria;
and,
Whereas residents and developers have made substantial investments in growth areas
identified near the proposed station sites in anticipation that the extension would be
delivered along the announced preferred CP Rail line route; and,
Whereas at a May 2, 2019 Town Hall meeting Metrolinx senior staff stated that they had
explored four potential extension options as part of an update to the original 2015
business case and that these options would be reviewed with the Region and local
communities; and,
Whereas the Region of Durham, Municipality of Clarington, City of Oshawa and the
Town of Whitby became aware that new route options were being considered by
Metrolinx, other than those that were reviewed in the 2011 E.A. and 2015 business
case; and,
Whereas the Council of the Municipality of Clarington continues to support the 2011
E.A. approved route through Oshawa to Courtice and Bowmanville along the CP Rail
line as it would result in the following benefits:
f The greatest long term community and economic development benefit;
f The creation of jobs and increased assessment growth;
f Connectivity, walkability and opportunities for transit oriented development;
PG.25.06 PD
f Development on and around the Courtice and Bowmanville station sites; and
Whereas it is important any option other than the preferred CP Rail line route be subject
to an open and transparent review process where municipal and public input can be
provided before any decision is made by Metrolinx; and
Whereas the Council of the Municipality of Clarington is committed to continuing to work
together with Metrolinx and the Province to support the Lakeshore East GO Train
Extension;
Therefore be it resolved that:
1. Metrolinx explain the criteria and metrics being used for the updated business case
and include the Region and local municipalities in that process;
2. Metrolinx act on the requests set out in the April 29, 2019 letter from Clarington
Council;
3. Metrolinx be requested to undertake an open and transparent process to inform local
and regional government staff, residents, and businesses related to any potential
changes to the alignment and business case;
4. And a copy of this resolution be forwarded to the Region of Durham, the City of
Oshawa, the Town of Whitby, all Durham MPP's, all Durham MP's, and all affected
business and post -secondary partners.
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