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H L d Dt I OV D A D DJ HLR It HJ MM H 6 HU LFHV❑ HS WA GU417 RZ ❑❑ 1NW KNY UN DISCI J 5 HJ LR M HUMU H 3 IRSHWn D 15 I-E[7W -0 ROR 11RU LL F1ER 7 ❑❑ -L HAD ILO FO DKR [IT] CP L LVO W H VvWD 1AU RZ R ❑ H-IS15 L HLr 0D 5 HJ DIS[ J L3 LI -P HYMU H HUS -1 FUaJ5 FDFUR R HFK RV J -0 RE dfU U+ -VR ❑ ❑❑❑ 3 UMM 1R V ❑❑❑ 3 0 L J L6 HU LFH L1 HSDLW H 1M HSRUV ■■111 3 • 11TIFIFITITITE3 U S M 0 L - H !- D - L J AR ■■ ❑❑® 3 6 EE❑❑®❑® ❑ SSQFDAZ LE ❑ RZ P D M-9 M H� FrtRUD-5 HP R DO ❑❑ RI ❑ FML J ❑❑❑ 1 HZ ❑ VL WL A R VLC3iM ❑❑❑ 8 1 L MQ -GE VL HW 1 R H ❑❑❑ & R I LC -i \03 HSR W 1 R H ❑❑❑ GR U P H W 3 DJ HE Clarington If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Planning and Development Committee Minutes Date: December 2, 2019 Time: 7:00 PM Location: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones (arrived to the meeting at 7:05 PM), Councillor J. Neal, Councillor M. Zwart Regrets: Councillor C. Traill Staff Present: A. Allison, F. Langmaid, C. Pellarin, K. Richardson, A. Burke, J. Gallagher, S. Gray 1. Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2. Land Acknowledgment Statement Councillor Zwart led the meeting in the Land Acknowledgement Statement. 3. New Business — Introduction 4. Adopt the Agenda Resolution # PD -096-19 Moved by Councillor Zwart Seconded by Councillor Hooper That the Agenda for the Planning and Development Committee meeting of December 2, 2019 be adopted as presented. Carried 5. Declaration of Interest There were no disclosures of interest stated at this meeting. 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 1 3 T Planning and Development Committee Minutes December 2, 2019 Councillor Jones arrived at 7:05 PM. 7. Adoption of Minutes of Previous Meeting 7.1 Minutes of a Regular Meeting of November 12, 2019 Resolution # PD -097-19 Moved by Councillor Hooper Seconded by Mayor Foster That the minutes of the regular meeting of the General Government Committee meeting held on November 12, 2019, be approved. Carried 8. Public Meetings 8.1 Public Meeting Application for a Proposed Zoning By-law Amendment Carlo Pellarin, Manager of Development Review, made a verbal and electronic presentation to the Committee regarding the application. No one was present to speak in opposition to, or in support of, the application. Nancy Vanniejenhuis, applicant, was present to answer any questions from the Committee. 9. Delegations No Delegations 10. Communications — Receive for Information 10.1 Ted Comiskey, Mayor, Town of Ingersoll, Briefing Note Regarding Granting Municipal Right to Approve Landfills in Ontario Resolution # PD -098-19 Moved by Mayor Foster Seconded by Councillor Zwart That the following resolution from Town of Ingersoll, regarding Granting Municipal Right to Approve Landfills in Ontario, be endorsed by the Municipality of Clarington: Whereas municipal governments in Ontario do not have the right to approve landfill projects in their communities, but have authority for making decisions on all other types of development; And Whereas this out -dated policy allows private landfill operators to consult with local residents and municipal Councils, but essentially ignore them; 3 T Planning and Development Committee Minutes December 2, 2019 And Whereas Ontario's proposed "Made -in -Ontario Environment Plan" states that the province will grant municipalities a "greater say in siting of landfills"; And Whereas municipalities already have exclusive rights for approving casinos and nuclear waste facilities within their communities, whether to host cannabis retail in their communities, And Further that the province has recognized the value of municipal approval for the siting of power generation facilities; And Whereas the recent report from Ontario's Environmental Commissioner has found that Ontario has a garbage problem, particularly from Industrial, Commercial and Institutional (ICI) waste generated within the City of Toronto, where diversion rates are as low as 15%; And Unless significant efforts are made to increase recycling and diversion rates, a new home for this Toronto garbage will need to be found, as landfill space is filling up quickly; And Whereas municipalities across Ontario are quietly being identified and targeted as potential landfill sites for future Toronto garbage by private landfill operators; And Whereas other communities should not be forced to take Toronto waste, as landfills can contaminate local watersheds, air quality, dramatically increase heavy truck traffic on community roads, and reduce the quality of life for local residents; And Whereas municipalities should be considered experts in waste management, as they are responsible for this within their own communities, and often have decades' worth of in-house expertise in managing waste, recycling, and diversion programs; And Whereas municipalities should have the exclusive right to approve or reject these projects, and assess whether the potential economic benefits are of sufficient value to offset any negative impacts and environmental concerns; Therefore be it resolved that the Municipality of Clarington calls upon the Government of Ontario, as part of its "Made -in Ontario Environment Plan" to formally entrench the right of municipalities to approve or reject landfill projects in or adjacent to their communities; And That in the case of a two-tier municipality, the approval be required at both the upper -tier and affected lower -tier municipalities; 3 3 Ti Planning and Development Committee Minutes December 2, 2019 And Further That the Municipality of Clarington encourage all other municipalities in Ontario to consider this motion calling for immediate provincial action; And That the motion adopted by Council be forwarded to the demand the right coalition of Ontario municipalities. Carried 11. Communications — Direction 11.1 Memo from Carlo Pellarin, Manager of Development Review, Regarding Unfinished Business Item PSD -039-19 Exemption Request for 10 Victoria Street from Interim Control By-law Resolution # PD -099-19 Moved by Mayor Foster Seconded by Councillor Hooper That the Communication Item 11.1, be referred to the consideration of Unfinished Business Item 15.1. Carried 12. Presentations No Presentations 13. Planning Services Department Reports 13.1 PSD -052-19 Rezoning to Facilitate 3 Severances at 1535 Ovens Road in Newtonville Resolution # PD -100-19 Moved by Councillor Zwart Seconded by Councillor Jones That Report PSD -052-19 be received; That the proposed Zoning By-law Amendment application, submitted by Will & Nancy Vanniejenhuis, continue to be processed and that a subsequent recommendation report be prepared; and That all interested parties listed in Report PSD -052-19 and any delegations be advised of Council's decision. Carried 0 3 T Planning and Development Committee Minutes December 2, 2019 13.2 PSD -053-19 Seasonal Sidewalk Patio Program Results, Guidelines, and Procedures Resolution # PD -101-19 Moved by Mayor Foster Seconded by Councillor Anderson That Report PSD -053-19 be received; That the updated Application Form for Seasonal Sidewalk Patios on municipal property (Attachment 1) be approved; That the Director of Engineering Services and the Director of Planning Services review and approve site plans for seasonal sidewalk patios, subject to the provisions outlined in the Application for Seasonal Sidewalk Patios and Boulevard By-law 2013-066; That exceptions to the Traffic and Parking By-law 2014-059, Section 20(1) Retail Services be granted for sidewalk patio locations; That Council approve the allocation of $7,500.00 from each of the Bowmanville and Newcastle Community Improvement Programs ($15,000 total) to be used to support any additional restaurants that may apply to participate in the seasonal Sidewalk Patio Program; and That all interested parties and any delegations be advised of Council's decision. Carried 13.3 PSD -054-19 Community Improvement Plan Programs Annual Report Resolution # PD -102-19 Moved by Councillor Hooper Seconded by Councillor Zwart That Report PSD -054-19 be received for information; and That all interested parties listed in Report PSD -054-19 and any delegations be advised of this report. Carried 13.4 PSD -055-19 Environmental Stewardship, 2019 Annual Report Resolution # PD -103-19 Moved by Mayor Foster Seconded by Councillor Jones That Report PSD -055-19 be received for information; and That all interested parties and any delegations be advised of Council's decision. Carried 5 3 T Planning and Development Committee Minutes December 2, 2019 13.5 PSD -056-19 Heritage Incentive Grant Annual Report for 2019 Resolution # PD -104-19 Moved by Councillor Hooper Seconded by Councillor Zwart That Report PSD -056-19 be received for information; and That all interested parties listed in Report PSD -056-19 and any delegations be advised of this report. Carried 13.6 PSD -057-19 1987 Bloor Street - Case Study of Site Specific Draft Zoning Mapping Refinements Resolution # PD -105-19 Moved by Councillor Jones Seconded by Councillor Zwart That Report PSD -057-19 be received for information. Carried Later in the Meeting Resolution # PD -106-19 Moved by Councillor Hooper Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution for a second time. Carried The foregoing resolution #PD -105-19, was then put to a vote and carried. 14. New Business — Consideration 14.1 Official Plan Amendment Resolution Councillor Neal left the chair. Mayor Foster chaired this portion of the meeting. Resolution # PD -107-19 Moved by Councillor Neal Seconded by Councillor Jones That Staff shall take all steps necessary to amend Clarington's Official Plan (the "OPA Amendment") by way of a municipally initiated amendment, with the Natural Heritage designation in Map D and Environmental Protection Area in Map A of the Official Plan for rural lands being limited to: a. Provincially Significant Wetland; 6 3 T Planning and Development Committee Minutes December 2, 2019 b. Areas designated by CLOCA as being within a floodplain (red line on CLOCA maps); c. Areas designated by the GRCA as being within a floodplain; d. Land designated on the current Region of Durham Official Plan, Schedule B Map B-1 as containing Key Natural Heritage and Hydrologic Features; e. Land which is Significant Woodland; f. Such other key natural heritage and key hydrologic features, natural hazards, and 30 metre minimum vegetation zone not included in (a) to (e) which are (i) mandated by provincial legislation or the Regional Official Plan; and (ii) which have specifically been approved by Council; prior to the submission of the Official Plan Amendment to the Region of Durham; provided however that the mapping shall not include a minimum vegetation zone for significant valleylands. That once the OPA mapping is updated, it be uploaded to the Region's Comprehensive Review; and That if any other amendments to the Official Plan are subsequently required as a result of refined mapping, they shall be at no cost to the landowners for application fees. Yes (2): Councillor Jones, and Joe Neal No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Absent (1): Councillor Traill Motion Lost, Later in the Meeting (2 to 4) Resolution # PD -108-19 Moved by Joe Neal Seconded by Councillor Jones That the Item 14.1 be referred to the Council Meeting of December 9, 2019 for staff to provide a memo regarding the costs for an external consultant to do Official Plan Amendments either before or in tandem to the Zoning By-law Amendment. Yes (3): Councillor Jones, Joe Neal, and Councillor Zwart No (3): Mayor Foster, Councillor Anderson, and Councillor Hooper Absent (1): Councillor Traill Motion Lost, Later in the Meeting (3 to 3) 7 3 TF1 Planning and Development Committee Minutes December 2, 2019 Recess Resolution # PD -109-19 Moved by Joe Neal Seconded by Councillor Zwart That the Committee recess for 5 minutes. Carried The meeting reconvened at 8:39 PM with Mayor Foster in the Chair. Resolution # PD -110-19 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution #PD107-19 for a second time. Carried Resolution # PD -111-19 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution #PD -107-19 for a third time. Carried The foregoing resolution #PD -108-19, was then put to a vote and lost. Recess Resolution # PD -112-19 Moved by Councillor Hooper Seconded by Councillor Anderson That the Committee recess for 15 minutes. Carried The meeting reconvened at 9:35 PM with Mayor Foster in the Chair. The foregoing resolution #PD -107-19, was then put to a recorded vote and lost. 8 3 TFI Planning and Development Committee Minutes December 2, 2019 15. Unfinished Business Councillor Neal returned to the Chair. Resolution # PD -113-19 Moved by Mayor Foster Seconded by Councillor Hooper That Unfinished Business Items 15.1 and 15.2 be referred to staff to prepare an addendum Report. Carried 15.1 PSD -039-19 Exemption Request for 10 Victoria Street from Interim Control By-law [Referred from the November 12, 2019 Planning and Development Committee meeting] 15.2 Confidential Report LGL -013-19 10 Victoria Street — Exemption from Part Lot Control [Referred from the November 12, 2019 Planning and Development Committee meeting] 15.3 Confidential Memo from the Municipal Solicitor Regarding Appeals of OPA 107 Resolution # PD -114-19 Moved by Mayor Foster Seconded by Councillor Anderson That the Unfinished Business Item 15.3 be referred to the consideration of Unfinished Business Item 15.4. Referred 15.4 Paragraph Two of Resolution #CC -27-19 regarding Report LGL -015-19 - Status of LPAT Appeals of OPA 107 (Referred from the November 18, 2019 Council Meeting) Resolution # PD -115-19 Moved by Mayor Foster Seconded by Councillor Jones That the Unfinished Business item 15.4 be referred to the Council Meeting of December 9, 2019. Referred 16. Confidential Reports No Confidential Reports 9 3 TF1 Planning and Development Committee Minutes December 2, 2019 17. Adjournment Resolution # PD -116-19 Moved by Councillor Jones Seconded by Councillor Hooper That the meeting adjourn at 9:47 PM. Carried Chair 10 3 E❑ Deputy Clerk Earlier this year the Municipality began a Neighbourhood Character Study within three established neighbourhoods in Bowmanville. JJJJTNSTTMMJS report is now available at www.clarington.net/NCS. To implement the recommendations of the Study, the Planning Services Department is recommending to Council an amendment to Zoning By-law 84-63 and the Clarington Official Plan. The amendment process first includes a Public Meeting, to be held on Monday, January 13, 2020. The details for the public meeting are included in the attached Public Meeting Notice. At this meeting, representatives from MHBC Planning, the consultant retained to complete the Neighbourhood Character Study, will provide a presentation on the study process and results. Members of the public are invited to attend the public meeting and will have an opportunity to share their feedback on the proposed Zoning By-law Amendment and Official Plan Amendment to Council. A copy of the Public Meeting Report, which will include a draft of the recommended amendments, will be available on the project website and from the Planning Services Department by Thursday, January 9, 2020. Pending the results of the Public Meeting, a final recommendation report and amendment documents will be prepared for Council's consideration. To ensure incompatible development did not move ahead before the completion of the Study and a Zoning By-law amendment to implement the Study recommendations, Council passed Interim Control By-law 2018-083 to restrict the use of land within the Study Area. By-law 2019-054 was adopted in September 2019 to extend the Interim Control By-law for an additional year to complete the study. Once the proposed Zoning By-law Amendment is adopted by Council, the Interim Control By-law will be repealed. To learn more about the Neighbourhood Character Study, view information from public events, access reports and share your questions and comments, visit www.clarington.net/NCS. Clarbgton Nonce of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Official Plan and Zoning By-law to implement the Bowmanville Neighbourhood Character Study. ••• 10 The Municipality of Clarington is proposing to amend Zoning By-law 84-63 to introduce regulations relating to lot coverage, height, yard setbacks, landscape open space, and attached garages that better reflect neighbourhood character. The Municipality of Clarington is proposing to also amend the Clarington Official Plan policies to address transition between the local corridors and established neighbourhoods, and new criteria for apartment -in -houses. Subject The Bowmanville Neighbourhood Character Study occurred within the three established neighbourhoods identified in the maps below and are subject to the proposed amendments. F1E1L . cr1 #re �# � �, - �L �D all D I f. op k �r- �. Baselin Q— How to be • • The proposed amendments, additional information and background reports are available for review at the Planning Services Department and on the Neighbourhood Character Study website at www.clarington.net/NCS Questions? Please contact Tracey Webster 905-623-3379, extension 2415, or by email at twebster(a-)_clarington.net. How to Provide Comments Speak at the Public Meeting: Date: Monday, January 13, 2019 Time: 7:00 pm Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planning Services Department to the attention of Tracey Webster File Number: COPA2019-0002 & ZBA 2019-0019 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, in the opinion of the Tribunal, there are reasonable grounds to do so. Faye Langmaid, FCSLA, RPP 3 TF1 Acting Director of Planning Services THIS LETTER HAS BEEN FORWARDED TO THE EIGHT AREA CLERKS December 20, 2019 Ms. A. Greentree Clerk ■ Municipality of Clarington 0 Z44 LEI Lei 40 Temperance Street Bowmanville, ON L1 C 3A6 The Regional Dear Ms. Greentree: Municipality of Durham RE: Authorization to Initiate a Comprehensive Review for the Corporate Services Design of a Proposed Community Improvement Plan for Department- Durham Region (2019 -COW -35), Our File: D19 Legislative Services Council of the Region of Durham, at its meeting held on December 18, 605 Rossland Rd. E. Level 1 p 2019, adopted the followingrecommendations of the Committee of the P.O. Box 623 Whole: Whitby, ON L1 N 6A3 Canada "A) That funding in the amount of $125,000 for consulting services in support of a comprehensive review for the design of a proposed 905-668-7711 Regional Community Improvement Plan be included for 1-800-372-1102 Fax: 905-668-9963 id Re Iti conseraon as art of the ons 2020 Business Planning ' p Region's 9 and Budgeting process; durham.ca B) That subject to budget approval, that Regional staff be authorized to commence the process for developing a Regional Community Improvement Plan, as authorized under Section 28 of the Planning Act; and C) That Report #2019 -COW -35 be circulated to Durham Region's local area municipalities for information." Please find enclosed a copy of Report #2019 -COW -35 for your information. 2caP1,11Wa Wo -n1 Ralph Walton, Regional Clerk/Director of Legislative Services RW/ct c: B. Bridgeman, Commissioner of Planning and Economic Development N. Taylor, Commissioner of Finance If you require this information in an accessible Jimat, ��ase contact 1-800-372-1102 extension 2097. December 20, 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 - Housing Policy Planning Discussion Municipality of Durham Paper (2019-P-47), Our File: D12 Corporate Services Council of the Region of Durham, at its meeting held on December 18, Department- 2019, adopted the following recommendations of the Planning & Legislative Services Economic Development Committee: 605 Rossland Rd. E. "A) That Report #2019-P-47 of the Commissioner of Planning and Level 1 P.O. Box 623 Economic Development be received for information; and Whitby, ON L1 N 6A3 Canada B) That a copy of Report #2019-P-47 be forwarded to Durham's area municipalities; Clarington Task Force on Affordable Housing; 905-668-7711 Scugog Housing Advisory Committee; Durham Advisory 1-800-372-1102 Committee on Homelessness; Social Housing Advisory Fax: 905-668-9963 Committee; BILD; and the Ministry of Municipal Affairs and Housing, for review and comment." durham.ca Please find enclosed a copy of Report #2019-P-47 for your review and comment. If you have any questions, please contact Mike Blake, Senior Planner, in our Planning Division at 905-668-7711, ext. 2549. 2atpIV W mita-w 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. 3 TFI Page 2 of 2 c: M. Harris, Acting Manager, Community Planning and Development, Ministry of Municipal Affairs and Housing N. Cooper, Clerk, Town of Ajax B. Jamieson, Clerk, Township of Brock A. Greentree, Clerk, Municipality of Clarington M. Medeiros, Acting 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 Clarington Task Force on Affordable Housing Scugog Housing Advisory Committee Durham Advisory Committee on Homelessness Social Housing Advisory Group BILD B. Bridgeman, Commissioner of Planning and Economic Development 3 TFI oil Tilt Town of Whitby Office of the Town Clerk 575 Rossland Road East, Whitby, ON L1 N 2M8 www.whitby.ca November 29, 2019 Via Email: Ralph Walton, Regional Clerk Region of Durham clerks6E�durham.ca Re: Regional Heritage Property Tax Rebate Please be advised that at a meeting held on November 25, 2019, the Council of the Town of Whitby adopted the following as Resolution # 323-19: 1. That the Region of Durham be requested to support heritage preservation by adopting a by-law to provide a Regional property tax rebate for designated heritage properties, including those properties within heritage conservation districts; and, 2. That a copy of this resolution be sent to area municipalities in the Region of Durham. Should you require further information, please do not hesitate to contact the Planning and Development Qepartment at 905.430.4306. Kevin Narraway Manager of Legislative Services/Deputy Clerk Copy: K. Nix, Commissioner of Corporate Services/Treasurer R. Saunders, Commissioner of Planning and Development N. Cooper, Director of Legislative and Information services, Town of Ajax - Nicole.cooper(a ajax.ca B. Jamieson, Township of Brock - bjamieson(a)-a) A. Greentree, Municipal Clerk, Municipality of Clarington - clerks(D_clarington.net 3 [Ell] M. Medeiros, City Clerk, City of Oshawa - mmedeiros(a-)-oshawa.ca S. Cassel, City Clerk, City of Pickering — clerks@pickering.ca J. Newman, Municipal Clerk, Township of Scugog - inewman@scugog.ca D. Leroux, Clerk, Township of Uxbridge - dleroux@town.uxbridge.on.ca TFI THE CORPORATION OF THE TOWN OF DEEP RIVER P.O. BOX 400 - 100 DEEP RIVER ROAD - DEEP RIVER, ONTARIO K0,! 1 PO Tel: (613) 584-2000 - vwvw.deepriver.ca - Fax: (613) 5643237 January 8, 2020 Hon. Doug Ford, Premier of Ontario Queen's Park Legislative Building 1 Queen's Park, Room 281 Toronto Ontario M7A 1A1 Subject: Premiers to Develop Nuclear Reactor Technology Dear Honourable Doug Ford, Please be advised that at the Regular Meeting of Council held October 9th, 2019, Council for the Corporation of the Town of Deep River passed the following resolution: BE IT RESOLVED THAT the CBC News report entitled "Group of premiers band together to develop nuclear reactor technology", be received, and WHEREAS the Premiers of Ontario, Saskatchewan and New Brunswick have announced their intention to work together on the development of small modular reactors to help their provinces reduce carbon emissions and address the challenges of climate change; WHEREAS Canada has demonstrated excellence and leadership in the nuclear industry on the world stage for more than 70 years; WHEREAS the Canadian nuclear industry is one of the safest and most well -regulated energy sectors in the world under the oversight of the Canadian Nuclear Safety Commission; WHEREAS the citizens of Ontario have enjoyed the benefits of safe, clean, low -carbon energy produced by Ontario's nuclear industry for over 50 years; 3 mF1 WHEREAS small modular reactors have the potential to provide municipalities, especially rural and northern municipalities, with an innovative technology that provides a safe, low -carbon alternative to meet energy demands; therefore, BE IT RESOLVED the Town of Deep River write to the Premiers of Ontario, Saskatchewan and New Brunswick to express support for their decision to work together on the development of small modular reactor technology as a safe, low - carbon energy option; THAT the Town of Deep River write to the Prime Minister of Canada, Minister of Natural Resources, and the remaining provincial premiers asking that they support investment in the research and development of small modular reactor technology as an innovative, safe, low -carbon energy option; and THAT this resolution be circulated to all upper and lower -tier municipalities in Ontario, and the Federation of Canadian Municipalities, for their consideration. CARRIED Thank you and please contact the writer should you have any additional questions. Kindest regards, $awj�n Bethany McMahon, Administrative Assistant Town of Deep River cc: Hon. Scott Moe, Premier of Saskatchewan Hon. Blaine Higgs, Premier of New Brunswick Hon. Stephen McNeil, Premier of Nova Scotia Hon. Brain Pallister, Premier of Manitoba Hon. John Horgan, British Columbia Hon. Dennis King, Premier of Prince Edward Island Hon. Jason Kenney, Premier of Alberta Hon. Dwight Bali, Premier of Newfoundland and Labrador Hon. Francois, Premier of Quebec Hon. Caroline Cochrane, Premier of Northwest Territories Hon. Sandy Silver, Premier of Yukon Hon. Joe Savikataaq, Premier of Nunavut Hon. Justin Trudeau, Premier of Canada Hon. Seamus O'Regan of Natural Resources Association of Municipalities of Ontario (AMO) Federation of Northern Ontario Municipalities (FONOM) All Upper and Lower Tier- Municipalities THE CORPORATION OF THE TOWN OF DEEP RIVER 3 7n Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: January 13, 2020 Report Number: PSD -001-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: PLN 8.6.7, COPA2019-0002 & ZBA2019-0019 Resolution#: Report Subject: Public Meeting ❑ Proposed Official Plan Amendment and Rezoning to ImDlement the Bowmanville Neiahbourhood Character Studv Recommendations: 1. That Report PSD -001-20 be received; 2. That the final recommendations of the Bowmanville Neighbourhood Character Study be received for information; 3. That the recommendations contained in Section 6.3.1 relating to Trees be forwarded to the Operations Department for consideration; 4. That the recommendations contained in Section 6.3.2 relating to Heritage be forwarded to the Clarington Heritage Committee for consideration; 5. That the proposed applications for an Official Plan Amendment COPA2019-0002 and Zoning By-law Amendment ZBA2019-0019 continue to be processed including the preparation of a subsequent report; and 6. That all interested parties listed in Report PSD -001-20 and any delegations be advised RI [& R❑❑FLCV-GHFLVIR 3 T❑ Municipality of Clarington Report PSD -001-20 Report Overview Page 2 The Bowmanville Neighbourhood Character Study began in February 2019 as a result of Council adopting Interim Control By-law 2018-083 to restrict the use of land within the study areas. Report PSD -038-19 provided an update of the Bowmanville Neighbourhood Character Study and requested a one-year extension to Interim Control By-law 2018-083. The final study recommendations inform the proposed changes to the Official Plan and include regulations to amend Zoning By-law 84-63 with the objective of providing direction for future development to better reflect neighbourhood character. The Interim Control By-law will be repealed subsequent to the Zoning By-law Amendment and Official Plan Amendment. 1. Introduction 1.1. Over the past few years, Council and Clarington Planning Staff have received a number of complaints regarding new and replacement housing development and additions to existing housing being incompatible with the neighbourhood character. Through PSD - 078 -18, Staff identified that a Residential Neighbourhood Character Study would help identify and evaluate the physical character of the established neighbourhoods experiencing the most change. Three of the established neighbourhoods identified are parts of the Elgin, Central and Memorial neighbourhoods in Bowmanville, see Figure 1. 1.2. MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) were retained in February 2019 to assist staff in undertaking the study. To prevent incompatible development from continuing during the study, Clarington Council adopted Interim Control By-law 2018-083 to restrict the use of land within the Residential Neighbourhood Character Study area on September 17, 2018. A one-year extension to the Interim Control By-law was approved through PSD -038-19 on September 9, 2019. 1.3. The study general workplan and timeline is shown in Figure 2. The Bowmanville Neighbourhood Character Study was released in December 2019 and can be found on the project website at www.clarington.net/NCS. In order to implement the recommendations of the study and complete the project,the Official Plan and Zoning By- law Amendments found in Attachments 1 and 2 are proposed. 3 TF1 Municipality of Clarington Report PSD -001-20 Page 3 MEADOWVIE BW' JU/D L Q KNRogD ■ ��� �' L� THIRD STREET � ■ ■ r—�0 LBgULEVARD Area 1 5 D (Elgin) OND ST 005 a D D N ■ o D SIO TSN T E4ST a D Dr O D L 0 D w CO L m J D❑ DDDD P's I �LJ 1570 BASELINE ROAD WEST D 7-- 7 D Figure 1: Residential Neighbourhood Character Study Area TFI Municipality of Clarington Report PSD -001-20 Background Review Analysis and PHASECURRENT • Understand context and Recommendations existing conditions Evaluation of options • Policy and regulation review Public workshop • Best practices review ' Draft study report and • Stakeholder interviews zoning framework PHASE 1 PHASE 2 PHASE 3 PHASE 4 February to April > May to June July to September > Fall 2019 Character Assessment Final Report • Walking tours . Final Report • Create neighbourhood Recommended Zoning inventory By-law Amendments • Public workshop Statutory Public Meeting • Background study report Recommendation to Council (early 2020) Page 4 Figure 2: Residential Neighbourhood Character Study Work Plan & Timeline 2. Communication and Engagement 2.1. Public Notice for the proposed Zoning By-law and Official Plan Amendments was mailed to each landowner in the study area and to landowners within 120 metres of the three study areas on December 6, 2019. Notice was also posted on the project and corporate websites and in the Planning E -update. 2.2. To date, the Bowmanville Neighbourhood Character Study has included a multi -faceted public consultation and engagement program. This has included the following: F- Notice of project initiation mailed to all property owners within the area subject to the Interim Control By-law 2018-083. L Project website (Neighbourhood Character Study), including background information, frequently asked questions and responses, notice of public events, project news and reports, and forms for registration as an interested part and the submission of comments. L Guided public walking tours of the three neighbourhood areas on May 11, 2019, involving 50 participants, exploring the character and qualities of these areas that are valued by the community. L Online survey, supported by maps to conduct a self -guided walking tour, available from May 11 F1 31 with close to 100 responses. F- Interactive public workshop on May 31 with nearly 50 participants, to inform the community about the process of planning for neighbourhood character, share 3 TF1 Municipality of Clarington Page 5 Report PSD -001-20 early project findings, and explore neighbourhood character elements and existing regulations. Options and Analysis public workshop on September 12 with 21 attendees/participants, where MHBC presented their findings and potential zoning by-law changes, plus other options. Notice of the public meeting, mailed to all property owners within the area subject to the Interim Control By-law and within 120 metres of the subject area boundary on December 6, 2019. Multiple updates to registered Interested Parties and Planning E -update articles. 3. Provincial Policy Provincial Policy Statement 3.1. The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential dwelling types while being sensitive to the characteristics of the neighbourhood. Growth Plan 3.2. The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas such as the Bowmanville Urban Area. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. The subject area is within the Built-up Area of the Growth Plan. The Growth Plan includes policies to direct development to settlement areas and provides direction for intensification targets within Built-up Areas. The three neighbourhoods are all within the Built-up area as defined by the Growth Plan. 4. Official Plans Durham Regional Official Plan 4.1. The Durham Region Official Plan supports the development of people -oriented Urban Areas that create a sense of community, promote social interaction and are aesthetically pleasing. Clarington Official Plan 4.2. 7 EH5&Q}l1-J\REE2 11LFM OI[Fi❑E REV&Qlll❑J\REDv IDCS®FHLZ ❑" each community can build on its individual character, share a common economic base and a distinct collective LP DJ HT7 FH -S -\/IFDCF DlDFWURI [I Mk EQ/-1HGMAAC3-i-\WOI1HL l FER-1U-Fes/-is to be enhanced while accommodating intensification that celebrates the history and character of its communities. 3 T❑ Municipality of Clarington Page 6 Report PSD -001-20 4.3. New development and redevelopment in existing neighbourhoods are to: a. Respect and reinforce the physical character of the established neighbourhood having regard to the pattern of lots, streets and blocks, the size and configuration of lots, building types of nearby properties, the height and scale of buildings and the setback of buildings from the street, rear and side yards; b. In neighbourhoods of historical character, be consistent with the built form pattern of the area; c. Adhere to all relevant Urban Design Guidelines and expectation for high-quality architectural design and sustainable building materials; and d. Maximize opportunities to improve accessibility and pedestrian and cycling systems, enhance neighbourhood and transit connections, and reduce energy, water and resource use. 4.4. Existing neighbourhoods are stable but not static. The Municipality encourages limited intensification in accordance with the criteria noted above to ensure intensification projects are compatible with the adjacent and surrounding neighbourhood. 4.5. Lot creation should keep the character of the surrounding area. 4.6. Lands along Liberty Street are designated as a Local Corridor. The Official Plan requires corridors to be comprehensively developed to provide for residential and/or mixed use developments with a wide array of uses in order to achieve higher densities, and transit oriented development while being sensitive to the existing neighbourhoods. Residential development is permitted to six storeys with a minimum density of 40 units per hectare. The built form shall incorporate existing local character and scale to create a compatible and attractive built form with a distinctive community image. 5. Department and Agency Comments 5.1. Regional Planning, the Engineering Services Department and Building Division were circulated for comments. Their comments will be address in a subsequent report. 6. Discussion Interim Control By-law 6.1. Over the past few years, Council and Clarington Planning Staff have received a number of complaints regarding new and replacement housing development and additions to existing housing considered to be incompatible with the existing neighbourhood character. Through PSD -078-18, Staff identified that a Residential Neighbourhood Character Study would help identify and evaluate the physical character of the established neighbourhoods that had experienced significant change. Three of the established neighbourhoods identified were parts of the Elgin, Central and Memorial 3 TFI Municipality of Clarington Page 7 Report PSD -001-20 neighbourhoods in Bowmanville. Clarington Council approved an Interim Control By-law 2018-083 to restrict further changes while the study was ongoing. 6.2. Planning Staff propose to repeal the Interim Control By-law 2018-083 from the subject lands after the Offiicial Plan and Zoning By-law amendments are finalized. Otherwise the Interim Control By-law will remain in effect until September 16, 2020. Neighbourhood Character Study Recommendations 6.3. At the second interactive public workshop in September, MHBC presented their findings from the review of best practices, walking tour and public workshop including potential zoning by-law changes and other options moving forward. The draft options MHBC provided in this workshop related to the most valued neighbourhood features and characteristics that residents identified in the May workshop. These features were categorized in three (3) groups under Neighbourhood Features, Lot Features and Building Features. Within the broader category, each feature had recommendations the public could comment on and indicate whether they agreed or disagreed. After the second public workshop, MHBC further analyzed the public feedback and refined the recommendations in the final study report. The final study recommendations are discussed in the following sections. Neighbourhood Related Features - Trees 6.4. Based on public feedback, MHBC recommends that the Municipality complete a Street Tree Inventory for each Study Area. They also recommend consideration of a pilot Tree Protection By-law that uses minimum tree diameter and tree species to identify desired trees for preservation on private and public lands. Staff recommend this information be forwarded to the Operations Department so that it can be considered in the urban forestry service review. Once it is determined how urban forestry is to be addressed within the organizational review appropriate direction and consideration of this recommendation can occur. Neighbourhood Related Features - Heritage 6.5. A recommendation to continue the consideration of individual properties with heritage value for protection through listing / designation under the Ontario Heritage Act was included. This recommendation should be forwarded to the Clarington Heritage Committee for consideration in their workplans. 3 TF1 Municipality of Clarington Page 8 Report PSD -001-20 Neighbourhood Related Features ❑ Parking 6.6. Concern was expressed with vehicles overhanging sidewalks. It is recommended that existing zoning regulations relating to driveway length be reinforced. In future, minor variance requests to reduce driveway lengths should not be supported by Staff. This recommendation will be applied to new developments and is not retroactive to legal non- conforming situations. Lot Related Features 6.7. Recommendations relating to lot related features are reflected in the proposed Zoning By-law Amendment found in Attachment 1. The recommendations are based on an analysis of neighbourhood character conditions and feedback received during the consultation process. An overlay zone is proposed to apply alternate regulations as follows: o Vary the maximum lot coverage for buildings on a lot in association with increased height of a building on a lot (maximum 35% coverage for dwellings 1.5 storeys or less, maximum 30% coverage for dwelling greater than 1.5 storeys). Currently, the maximum lot coverage for is 40% for a single detached dwelling and 45% for a semi-detached or duplex dwelling. o Increase the minimum landscaped open space requirement from 30% to 40% of the total lot area. o Require parking areas (driveways) not reduce the landscaped open space in the front yard below 50% of the front yard area. Landscape open space shall not include hard surfaced areas such as driveways, aisles, parking areas, interlocking stone, and walkways. o Require a minimum front yard be at the established building line for the dwelling and 6.0 metres to the garage. 7 ❑H+AAOE®/J-K11EdS0L❑J 107H1V-G-1I L+GDVIM11 average setback from the street line of the existing buildings on one side of one block where more than one half of the lots of the said side of the block have been ER❑❑OCurrently a setback of 4.5 metres is permitted to the dwelling. o Require a minimum exterior side yard be 4.5 metres to the dwelling or 6.0 metres to the garage. The current setback is 6.0 metres for both the dwelling and the garage. o Require a minimum interior side yard setback in relation to the height of a dwelling as follows: 0 For dwellings with an attached garage, the minimum interior side yard setback shall be 1.2 metres for the first storey, plus an additional 0.6 metres for each additional full storey above the first storey. For dwellings with no attached garage, the minimum interior side yard setback shall be 1.2 metres for the first storey plus an additional 0.6 3 T❑ Municipality of Clarington Report PSD -001-20 Page 9 metres for each additional full storey above the first storey on one side and 3.0 metres on the other side 6.8. In the proposed Zoning By-law Amendment found in Attachment 1, staff have modified the proposed front yard setback for the dwelling to be within 1 meter of the established building line rather than match the established building line to allow for some flexibility in setbacks. Staff also applied the same regulation to the exterior side yard so buildings along a street, regardless of whether it is a front or exterior elevation, would have the same setback treatment for a consistent streetscape. Building Related Features 6.9. Recommendations relating to building features are included in the proposed Zoning By- law Amendment found in Attachment 1. Community members who participated agreed current regulations regarding building heights are too lenient. The analysis revealed that the current permission of 10.5 metres is not consistent with the heights of dwellings found in the area. It was also found that attached garages are uncommon and there is a desire to control garage location so that they do not become a prominent feature of the streetscape. The report recommends: o Reduce the maximum building height of dwellings from 10.5 metres to 8.5 metres in Study Area 1 and from 10.5 metres to 9.0 metres in Study Areas 2 and 3. o Require a 1 metre setback between a private garage and the front wall of a dwelling. o Maintain the existing minimum outdoor parking space requirement of 5.7 metres by 2.75 metres in front of the garage. o Where an attached garage faces a street, require the maximum permitted outside width of the garage be no more than 25% of the frontage of the lot for single detached dwellings and 35% of the frontage of the lot for semi-detached dwellings. Official Plan Amendment 6.10. A portion of the study area overlaps with the Liberty Street Local Corridor. Unlike the balance of the study area, the Corridor is subject to policies for intensification and built form that require a zoning by-law amendment for implementation of a development proposal 6.11. Development proposals in the Liberty Street Local Corridor are also required to respect neighbourhood character. To assist in the assessment of development proposals and balance competing policies, it is recommended that policies to define an area of transition between the established neighbourhood and the Liberty Street Corridor be introduced. The draft policies are found in Attachment 2 and provide urban design direction for the transitional area. 3 TF1 Municipality of Clarington Report PSD -001-20 Page 10 6.12. A policy is also proposed that introduces criteria for entrances to an apartment -in-house. Residents, while supportive of apartment -in-house units, are concerned with the location of entrances. In some cases, dwellings with an apartment -in-house have an appearance of having more than two primary entrances. This is a challenge to regulate in a Zoning By-law due to potential conflicts with the Ontario Building Code. The proposed policy will be used as a guide to review proposals from a design perspective. 7. Conclusion The purpose of this report is to provide background information for the Public Meeting on the proposed Official Plan and Zoning By-law Amendments to implement the recommendations of the Bowmanville Neighbourhood Character Study. Staff will continue to process the application and prepare a subsequent report. Staff Contact: Tracey Webster, Senior Planner, 905-623-3379 x 2415 or twebster@clarington.net. Attachments: Attachment 1 -]Proposed Official Plan Amendment Attachment 2 -1 Proposed Zoning By-law Amendment Interested Parties: List of Interested Parties available from Department. 3 TFI Clarington Attachment 1 to Report PSD -001-20 Amendment Number To The Municipality of Clarington Official Plan Purpose: To amend the Clarington Official Plan to add policies that address the transition between established neighbourhoods and the Liberty Street Corridor and to address entrances for accessory apartments. Basis: This amendment is based on application COPA2019-0002 initiated by the Municipality of Clarington and recommendations in the Bowmanville Neighbourhood Character Study prepared by MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC). Actual Amendment: The Clarington Official Plan is amended as follows: 1. By adding a new Section 10.6.8 as follows: -The lands on the west side of Liberty Street, identified as part of the Liberty Street Local Corridor shall function as a transitional area to the established neighbourhoods to the west of Liberty Street. Development within the Liberty Street Local Corridor will in addition to conforming to other policies herein, be designed to: a) maintain a 45 degree angular plane to any new development from any adjacent lot line within the adjacent established neighbourhood; b) enhance the surrounding established neighbourhood context with appropriate separation and buffering through landscaping, tree planting and proportional rear yard space; c) be sensitive to neighbouring heights, massing, setbacks from the street, distance between buildings, architectural form, colour and materials; and, d) locate parking and circulation at the rear of the property with screening from the adjacent neighbourhood to reduce LP SDFWT 2. By adding a new subsection to Section 6.3.5 as follows: f) Generally, only one main entrance is to be visible from the street. Where located on the street facing fagade, the entrance for the accessory apartment is to be designed to be integrated with the entrance for the principal dwelling. 3 TFI Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 3 TFI Corporation of the Municipality of Clarington By-law Number 20 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2019-0019; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12- Urban Residential Type One (R1) Zone is amended by adding a new section 12.2.1 as follows: "12.2.1 Neighbourhood Character Overlays 1 and 2 Notwithstanding the Regulations for Residential Uses set out in Section 12.2 d., f. g., h., and i., on lands zoned Urban Residential Type One (R1) located within the Neighbourhood Character Overlay as identified on Schedule `3', the following alternate regulations shall apply a. Yard Requirements i) Front Yard ii) Exterior Side Yard (minimum) iii) Interior Side Yard the dwelling shall be within 1.0 m of the established building line 6.0 metres (minimum) to the garage or carport the dwelling shall be within 1.0 m of the established building line 6.0 metres to the garage or carport a) With an attached garage or carport 1.2 metres for the first storey, plus an additional 0.6 metres for each additional full storey above the first storey 3 TF1 I C. 0 K b) Without an attached garage Lot Coverage (maximum) i) For dwellings 1.5 storeys or less ii) For dwellings greater than 1.5 storeys Landscaped Open Space (minimum) i) Overall ii) Front yard Building Height (maximum) Special Regulations 1.2 metres for the first storey plus an additional 0.6 metres for each additional full storey above the first storey on one side and 3.0 metres on the other side 35 percent 30 percent 40 percent 50 percent, which shall not include hard surfaced areas such as driveways, aisles, and parking areas 8.5 metres in Overlay 1 9.0 metres in Overlay 2 i) A private garage, attached garage or carport may not extend in front of the dwelling unit ii) Where an attached garage faces a street, the maximum permitted outside width of the garage shall be 25 percent of the total frontage of the lot for single detached dwellings and 35 percent of the lot for semi-detached dwellings iii) An attached garage or carport shall be setback a minimum of 1.0 metres from the front or exterior side wall of the dwelling Section 26 is amended by adding a new section 26.8 as follows: "26.8 Overlay Zones In addition to the permitted uses and zoning regulations for each zone there are Overlay ones. Where applied the Overlay Zones are read together with the zone regulations. In the event of conflict, the more restrictive regulation applies. The Overlay Zones are shown on the Schedules to this By-law. 3. Schedule `3' to By-law 84-63, as amended, is hereby further amended by adding the "Neighbourhood Character Overlay" as illustrated on the attached Schedule `A' hereto. 4. Schedule `A' attached hereto shall form part of this By-law. 3 F❑❑ 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of , 20 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 3 [Ell] TTTr Tr T TTTTTTr "T Tr T TTffT T= TTTTTTT TrTr TTT TT TTTTT T Tr T LYLE DR E ELIN LYLE DR WU­TTON PL SUREETROAD REEDE— LE _­UG E, ,7" TILLEI RD ­LE 8101GOM BOOLE—. 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Anne Greentree, Municipal Clerk Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: January 13, 2020 Report Number: PSD -002-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: ZBA2014-0023 Resolution#: Report Subject: An Application by Bowmanville Village Inc. for a Removal of Holding Recommendations: 1. That Report PSD -002-20 be received; 2. That the application submitted by Bowmanville Village Inc. to remove the Holding (H) symbol be approved as contained in Attachment 1 to Report PSD -002-20; 3. 7EDVV7FZ:IEFLa/Q3--FLVIR❑ID❑C RSEIRCS HSRLn6' -002-20 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and 4. That all interested parties listed in Report PSD -002-20 and any delegations be advised of Council's decision. 3 TF1 Municipality of Clarington Report PSD -002-20 Report Overview The report is recommending approval of an application by Bowmanville Village Inc. to remove the Holding (H) Symbol from the lands to permit the construction of 95 single detached dwellings in Registered Plan of Subdivision 40M-2657. 1. Application Details 1.1. Owner/Applicant: Bowmanville Village Inc. 1.2. Proposal: Removal of Holding (H) Symbol from: Page 2 "Holding -Urban Residential Exception ((H) R2-❑❑MMRd-IFT1 [ERGJ-Urban Residential Exception((H) R2-❑❑MMRd-ILILI FTI R(MLJ -Urban Residential Exception ((H) R2-❑❑TREHF] L11FZgRLJ-Urban Residential Exception ((H) R2-❑❑FIMRd-IED❑G FT1RCM❑J-Urban Residential Exception ((H) R2-❑❑MTRd-I❑ 1.3. Area: 10.67 ha 1.4. Location: North of Baseline Road, west of Green Road, all lots and blocks in Plan 40M -2657 Part Lot 17, Concession 1, former Township of Darlington 1.5. Within Build Boundary: Yes 2. Background 2.1. The applicant has requested the removal of the Holding (H) Symbol from the lands to permit the construction of 95 single detached dwellings in Plan 40M-2657, which was registered on November 28, 2019. The lands are located north of Baseline Road and west of Green Road and abut the urban limits of the Bowmanville Urban Area as shown in Figure 1. 3. Staff Comments 3.1. The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of the Official Plan. 3 T❑ Municipality of Clarington Report PSD -002-20 Page 3 Figure 1: Subject Property 3 TFI Municipality of Clarington Page 4 Report PSD -002-20 3.2. Draft Approval of the Plan of Subdivision and the associated application for zoning by- law amendment were appealed by the applicant for failure of the Municipality to make a decision within the timeframe prescribed by the Planning Act. The Municipality and the Owner reached a settlement prior to an Ontario Municipal Board hearing. Council approved the settlement on April 3, 2017. On June 19, 2017 the Board issued Draft Approval, subject to conditions, as well as approving a zoning by-law amendment that implements the draft approval. 3.3. The Subject property is zoned: [Holding -Urban Residential EEROU-Urban Residential 1T11R0LJ-Urban Residential LEFO ❑J -Urban Residential :ER0LJ-Urban Residential Exception ((H) R2-a❑MMRd-I1T11 Exception((H) R2-❑❑MMRd-I1111 Exception ((H) R2-J❑MMR11-I❑ Exception ((H) R2-❑❑F1MR11-EJDEG Exception ((H) R2-J❑MMR11-I❑ 3.4. Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol and no building permits can be issued. The applicant has entered into a subdivision agreement with the Municipality that addresses all the conditions of draft approval and staff have RLFR_FHUN_ZI]LLQ1aLJ-\AHTA/CP ERS 3.5. All property taxes have been paid in full. 4. Concurrence Not Applicable. 5. Conclusion 5.1. In consideration of the comments noted above, it is recommended that Council approve the zoning by-law amendment for the removal of the "Holding (H)" symbol for lots and blocks in 40M-2657, as shown on the attached By-law and schedule (Attachment 2) is recommended. Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 x 2410 or cstrike@clarington.net. Attachments: Attachment 1 -1 Zoning By-QZ ®P H❑CP H❑ iR-5 F -P RYHT Lfl6 EP ERO The following interested parties will be notified of Council's decision: Richard Tang, Wealth Power 3 T❑ The Corporation of the Municipality of Clarington By-law Number 2020 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit the development of 95 single detached dwellings on the subject lands (ZBA 2014-0023); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "Y (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Exception ((H) R2-54) Zone to Urban Residential Exception ((H) R2-54) Zone; Holding -Urban Residential Exception((H) R2-78) Zone to Urban Residential Exception((H) R2-78) Zone; Holding -Urban Residential Exception ((H) R2-79) Zone to Urban Residential Exception ((H) R2-79) Zone; Holding -Urban Residential Exception ((H) R2-85) Zone to Urban Residential Exception ((H) R2-85) Zone; and Holding -Urban Residential Exception ((H) R2-86) Zone to Urban Residential Exception ((H) R2-86) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. By -Law passed in open session this day of )2020. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 3 TF1 This is Schedule "A" to By-law 2020- , passed this day of , 2020 A.D. <> 0 Y NN N NN NN � YQ C9, m d M M � W _ OO N CO M M M M M V V V V O O M � OLO�':r X) W M z � N 00 LO 00 00J 0 W (0 M L I- 00 N O Z M L W 00 c U00 co Q L J Q M Co O rn O co wJ rn w O LOQ rn 2 o a. COc° co U rn N _ N O � � Y Y � (0(0(0(1—"I(0I I I I(0Ir1 r- BASELINE ROAD i� U) z O Z) m REMMINGTON ST Zoning Change From "(H)R2-54" To "R2-54" Zoning Change From "(H)R2-78" To "R2-78" Zoning Change From "(H)R2-79" To "R2-79" Zoning Change From "(H)R2-85" To "R2-85" Zoning Change From "(H)R2-86" To "R2-86" Zoning To Remain "EP" Q O ry Z W W C� ro I Adrian Foster, Mayor Bowmanville • ZBA 2014-0023 . Schedule 3 C. Anne Greentree, Municipal Clerk I �n