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Home My WebLink About06-08-2020 Planning and Development Committee Revised Agenda Date:June 8, 2020 Time:7:00 PM Location: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: Lindsey Patenaude, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at lpatenaude@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/Video Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public by on the Municipality’s website, www.clarington.net/calendar Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive *Late Item added after the Agenda was published. Pages 1.Call to Order 2.Land Acknowledgment Statement 3.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. 4.Adopt the Agenda 5.Declaration of Interest 6.Announcements 5 7.Adoption of Minutes of Previous Meeting 7.1 Minutes of a Regular Meeting of May 19, 2020 7 8.Public Meetings 8.1 Public Meeting for a Proposed Zoning By-law Amendment 16 Applicant: LCJ Thomas Estates Inc. c/o Sakmet Developments Report: PSD-016-20 Location: 1668 Nash Road, Courtice Link to Public Meeting Presentation 8.2 Public Meeting for a Proposed Zoning By-law Amendment 18 Applicant: Lifelong Investment Corporation Report: PSD-017-20 Location: 1640, 1644, 1648 Nash Road & 3010 Trulls Road, Courtice Link to Public Meeting Presentation Page 2 9.Delegations *9.1 Lonny Gibson, Regarding PSD-019-20 Applications by Kaleido Corporation (formerly Landmark-Newcastle Limited) to Amend Zoning By-law 84-63 to Permit a 15 Unit Townhouse Development at the South- East Corner of Mill Street and Robert Street in Newcastle *9.2 Jenny Gibson, Regarding PSD-019-20 Applications by Kaleido Corporation (formerly Landmark-Newcastle Limited) to Amend Zoning By-law 84-63 to Permit a 15 Unit Townhouse Development at the South- East Corner of Mill Street and Robert Street in Newcastle *9.3 Mike Pettigrew, The Biglieri Group Ltd., Regarding Report PSD-019-20 10.Communications – Receive for Information There are no Communication Items to be received for information. 11.Communications – Direction *11.1 Libby Racansky, Regarding Brookhill Subdivision, Climate Change, and Protection of Natural Environment 20 (Motion for Direction) *11.2 Rob Burton, Mayor, Town of Oakville, Regarding Patio Expansion for Restaurants 24 (Motion for Direction) *11.3 Libby Racansky, Regarding Comments for Public Meetings 8.1 and 8.2 29 (Motion to refer to Staff to be considered as part of the public comments on the respective public meetings) 12.Presentations No Presentations. 13.Planning Services Department Reports 13.1 PSD-016-20 PM - Draft Plan of Subdivision and Rezoning to Permit a Block of 17 Townhouse Units at 1668 Nash Road in Courtice 31 13.2 PSD-017-20 PM – Rezoning Application to Permit the Development of a Three Storey Apartment Building Containing 95 Residential Units at 1640, 1644, 1648 Nash Road & 3010 Trulls Road, Courtice 43 13.3 PSD-018-20 Addition of Properties to the Municipal Heritage Register 56 Page 3 13.4 PSD-019-20 Applications by Kaleido Corporation (formerly Landmark- Newcastle Limited) to Amend Zoning By-law 84-63 to Permit a 15 Unit Townhouse Development at the South-East Corner of Mill Street and Robert Street in Newcastle 73 13.5 PSD-020-20 Electric Vehicle Funding Opportunities 92 14.New Business – Consideration *14.1 Reopening of Hair Salons 15.Unfinished Business No Reports for this Section of the Agenda. 16.Confidential Reports No Reports for this Section of the Agenda. 17.Adjournment Page 4 Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1C 3A6 905-623-3379 www.clarington.net For immediate release Clarington and its Diversity Advisory Committee condemn racism in our community Clarington June 27, 2020/- Together with the Diversity Advisory Committee, the Municipality of Clarington is speaking out against racism and discrimination. We condemn the tragic and senseless death of George Floyd in the United States. We stand together with the global community with one simple message: racism and discrimination against any member of our community will not be tolerated. “We want to express our ongoing support for the Black Community, who may be experiencing outrage, fear, frustration and tiredness – not only related to recent events, but to the broader systemic barriers, biases and the ongoing impact of racism that you face daily,” said Rachel Traoré-Takura, Chair of the Diversity Advisory Committee. We know that racism permeates every aspect of society. Even in Clarington, some residents have faced discrimination. We also know that the conversation on this topic is starting to shift. Slowly but surely, we are on the cusp of a wave of change: a wave that includes acceptance, inclusion and fundamental respect for diversity. But first, we must listen and learn from those who have experienced racism first-hand. To better understand the issues and experiences of those who have encountered racism, the Municipality has asked its Diversity Advisory Committee to guide Clarington as we come together to break down walls and eliminate racism in the workplace, in our lives and our community. The Committee was created with a single vision to create a “welcoming and inclusive Clarington, where differences are celebrated , and the voices of all peoples are heard.” The Diversity Advisory Committee is recommending that Clarington develop a robust anti-racism policy to augment its existing rules. Clarington staff will also look at policies governing our public facilities to ensure that all Municipal buildings are spaces that are inclusive and promote diversity. Clarington has also partnered with the Canadian Centre for Diversity and Inclusion. This partnership will provide staff with access to programs, courses and resource support to understand issues of diversity and inclusion as they apply to the workplace and society in general. “Fifty-seven years ago, Dr. Martin Luther King gave a speech that impacted and shaped generations of people to this day. The ‘I have a dream’ speech is an echo in our society today as we continue to struggle with racism. It is up to us to come together to fulfil that dream by supporting a shared code of community values. We stand firmly in support of Page 5 Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1C 3A6 905-623-3379 www.clarington.net all members of our community, no matter their colour, nationality or religious beliefs,” said Clarington Mayor Adrian Foster. “It is only by listening to others and their lived experiences of racism that we can start to understand how actions, words and aggressions leave a lasting mark. This is one of many steps Clarington needs to take to address this issue in our society,” added Mayor Foster. -30- Media Contact: Basia Radomski Communications Manager 905-623-3379 ext. 2214 Connect with us: www.facebook.com/MunofClarington www.twitter.com/ClaringtonON www.youtube.com/ClaringtonON Page 6 1 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: Time: Location: May 19, 2020 7:00 PM Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Present by Electronic Means: Mayor A. Foster Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: Present by Electronic Means: J. Gallagher, L. Patenaude A. Allison, F. Langmaid, C. Pellarin, K. Richardson, C. Strike, T. Webster _____________________________________________________________________ 1. Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2. Land Acknowledgment Statement Councillor Neal led the meeting in the Land Acknowledgement Statement. 3. New Business – Introduction Suspend the Rules Councillor Neal declared an indirect interest in the delegation of John McDermott regarding Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. Resolution # PD-055-20 Moved by Councillor Zwart Seconded by Councillor Anderson That the Rules of Procedure be suspended to add John McDermott as a delegation to the Agenda. Carried Page 7 Planning and Development Committee Minutes of May 19, 2020 1 4. Adopt the Agenda Resolution # PD-056-20 Moved by Councillor Hooper Seconded by Councillor Zwart That the Agenda for the Planning and Development Committee meeting of May 19, 2020 be adopted as presented, with the addition of John McDermott as a delegation. Carried 5. Declaration of Interest Councillor Neal declared an indirect interest in Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study and all related delegations and motions referring to the Report. 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 7. Adoption of Minutes of Previous Meeting There are no minutes of previous meetings to be adopted, as the previous meeting was the Joint General Government and Planning and Development Committee meeting of April 27-28, 2020 and the minutes have been approved, although the Committee acknowledged their absence . 8. Public Meetings 8.1 Public Meeting for a Proposed Zoning By-law Amendment, for a Redlined Revision to Draft Approved Plan of Subdivision Cindy Strike, Principal Planner, made a verbal and electronic presentation to the Committee regarding the application. No one spoke in opposition to, or support of, the application. Recess Resolution # PD-057-20 Moved by Councillor Neal Seconded by Councillor Anderson That the Committee recess for five minutes to enable Staff to ensure members of the public are connected remotely to the meeting. Carried The meeting reconvened at 7:33 PM with Mayor Foster in the Chair. Page 8 Planning and Development Committee Minutes of May 19, 2020 2 Scott Waterhouse was present on behalf of the Applicant, Brookfield Residential (Ontario) Ltd., to answer questions from Members of Committee. 9. Delegations 9.1 Hugh Allin, Regarding Agricultural Land Use Adjacent to the Urban Boundary in North Newcastle Hugh Allin was present, via electronic means, regarding Agricultural Land Use Adjacent to the Urban Boundary in North Newcastle. Mr. Allin thanked Committee for the opportunity to speak regarding the adjacent land use conflicts between his livestock farm and the new proposed development in Newcastle Village. He noted that the main issue is the potential of conflicts if housing development is allowed to be near agricultural areas, especially as it relates to complaints of farming odors. Mr. Allin explained the two types of Minimum Distance Separation (MDS) and added that when he built his livestock farm, he complied with MDS 2. He noted that his facility is currently empty and he has depopulated three times. Mr. Allin explained that he is hesitant to start production because it is an inappropriate location for livestock production with the proposed residential plans. He added that he is also concerned about the risk of more harassment due to odors created at his facility. Mr. Allin thanked Faye Langmaid, Acting Director of Planning Services and Councillor Traill for providing him with an information package and referenced information contained in package pertaining to timelines. He noted that moving the urban boundary to the edge of his farm is ignoring the environmental standards intended for protection of agriculture. Mr. Allin concluded stating that, with no commitment to enforce the standards, he would like the urban boundary moved back behind the area identified that is being affected by the odors of his livestock operation. Resolution # PD-058-20 Moved by Councillor Neal Seconded by Councillor Anderson That the delegation of Hugh Allin be referred to staff to report back on the delegation and, in particular, whether the MDS 1 requirement should have been applied when the settlement boundary was expanded. Referred Resolution # PD-059-20 Moved by Councillor Neal Seconded by Councillor Anderson That Resolution #PD-058-20 be referred to the next Regular Council Meeting dated May 25, 2020. Carried Page 9 Planning and Development Committee Minutes of May 19, 2020 3 9.2 Steve Hennessey, Regarding PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. Steve Hennessey was present via electronic means regarding Report PSD -015- 20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. Mr. Hennessey noted that he owns a property in Area 3 and didn't realize the significance of the proposed changes when he spoke at the January 13, 2020 Public Meeting. He stated his concerns for not being able to build a 3-story home and added that the amendment will drastically change the property values. Mr. Hennessey agreed with the proposed changes to Areas 1 and 2 because they are very scenic and contain historical properties. He concluded by noting he is glad that the hospital is expanding and hope to see progress on the GO Train as it will add more to Downtown Bowmanville. Recess Resolution # PD-060-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:13 PM with Mayor Foster in the Chair. 9.3 Andrew Rice, Regarding PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. Andrew Rice was present via electronic means regarding Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. Mr. Rice thanked the Committee and Staff for allowing him to express his concerns. Mr. Rice explained that the trees are important to the character of the neighbourhood and noted the proposed amendment provides no protection to the trees. He questioned if the intent of the new guideline is to restrict two story homes and how many properties will be legal non-conforming and negatively impacted. Mr. Rice concluded by answering questions from Members of Committee. Page 10 Planning and Development Committee Minutes of May 19, 2020 4 9.4 John McDermott, McDermott & Associates Limited, Regarding Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. John McDermott, McDermott & Associates Limited, was present via electronic means regarding Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. He advised the Committee that he was retained by Mr. Rice who owns properties in the area. Mr. McDermott asked the Committee for clarification on the following: street line measurements, yard requirements listed in the By-law Section 12.2.1 B, how many properties will become non-conforming and how many will have trouble selling in the future, how was the averages data collected/determined, garages, and what is the rationale for established building lines, if it has been tested and how it worked. He concluded by suggesting Committee consider a 9m height as the minimum because it is hard to build a home with a smaller height. Mr. McDermott answered questions from Members of Committee. 10. Communications – Receive for Information There are no Communication Items to be received for information. 11. Communications – Direction 11.1 James Rilett, Vice President, Central Canada, Restaurants Canada, Regarding Patio Capacity Councillor Neal returned to the meeting. Resolution # PD-061-20 Moved by Councillor Hooper Seconded by Councillor Traill That the correspondence Item 11.1, from James Rilett, Vice President, Central Canada, Restaurants Canada, regarding Patio Capacity, be ref erred to the Engineering Services Department to consult with the three Clarington Business Improvement Areas and Clarington restaurant owners who have an interest in increasing their patio area. Carried Page 11 Planning and Development Committee Minutes of May 19, 2020 5 Resolution # PD-062-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #PD-061-20 for a second time. Carried That the foregoing Resolution #PD-061-20 was then put to a vote and carried. 11.2 Stacey Hawkins, Executive Director, Durham Region Home Builders' Association, Regarding Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. Resolution # PD-063-20 Moved by Councillor Zwart Seconded by Councillor Anderson That Communication Item 11.2 from Stacey Hawkins, Executive Director, Durham Region Home Builders' Association, be referred to the consideration of Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. Carried 12. Presentations 12.1 Tracey Webster, Senior Planner, Planning Services, Regarding Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. Page 12 Planning and Development Committee Minutes of May 19, 2020 6 Tracey Webster, Senior Planner, Planning Services, was present via electronic means regarding Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. She made a verbal presentation to accompany an electronic presentation. Ms. Webster noted the lands subject to the proposed Zoning By-law amendment are parts of Elgin, Central and Memorial Neighbourhoods in Bowmanville. She added that the lands within the Study Areas are on the west side of Liberty Street and within the local corridor identified in the Official Plan. Ms. Webster explained the purpose of the amendments are to provide better zoning regulations and policies that ensure future development is complimentary and respects the existing character of the established neighborhoods. She stated that the lands are primarily zoned Urban Residential Type One (R1), which permits detached, semidetached and duplex dwellings. Ms. Webster added that the existing zoning regulations do not account for the character of the existing neighbourhoods when dealing with height, setbacks and lot coverage. She noted that the proposed zoning by-law recommends changes to the R1 zoning regulations to help ensure future development is compatible with the existing neighborhood. Ms. Webster explained the background of the report that included resident concerns regarding incompatible development, interim control by-law, direction to study the neighbourhoods' character, and retained MHBC to conduct the study. She noted that staff took the final recommendations from the study to create amendments to the Zoning By-law to change the permissions for setbacks, lot coverage, landscaped open space, building height and regulations for garages. Ms. Webster stated the changes to the R1 zoning regulations are proposed to be implemented by adding a "character overlay" to the Zoning By-law and added that the changes made since the January 13,2020 Public Meeting are for building height, established building line, front and exterior side yard setback, porches, garage doors and entrances for apartment-in-house. Alter the Agenda Resolution # PD-064-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the Agenda be altered to consider Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Character Study, at this time. Carried Page 13 Planning and Development Committee Minutes of May 19, 2020 7 Resolution # PD-065-20 Moved by Councillor Zwart Seconded by Councillor Hooper That Report PSD-015-20 be received; That the Official Plan Amendment contained in Attachment 1 of Report PSD-015-20 be approved; That the Zoning By-law Amendment contained in Attachment 2 of Report PSD-015-20, be approved; That in accordance with Section 45(1.4) of the Planning Act, Council permit minor variance applications to be submitted for the lands subject to the Zoning By-law Amendment contained in Attachment 2, provided the application is accompanied by a character analysis; That a By-law to repeal Interim Control By-law 2018-083 be forwarded to Council for adoption once the Zoning By-Law Amendment contained in Attachment 2 is in full force and effect; That the Durham Regional Planning and Economic Development Department, the Ministry of Municipal Affairs and Housing and the Municipal Property Assessment Corporation be forwarded a copy of Report PSD-015-20; and That all interested parties listed in Report PSD-015-20 and any delegations be advised of Council’s decision. Carried 13. Planning Services Department Reports 13.1 PSD-014-20 Applications by Brookfield Residential (Ontario) Ltd. for a Redline Revision to a Draft Approved Plan of Subdivision and Rezoning, east side of Regional Road 17, Newcastle Councillor Neal returned to the meeting. Resolution # PD-066-20 Moved by Councillor Zwart Seconded by Councillor Anderson That Report -014-20 be received; That the application for redline revision to Draft Approved Plan of Subdivision submitted by Brookfield Residential (Ontario) Limited for lot adjustments be supported subject to conditions as contained in Attachment 2 of Report PSD-014-20; That the Zoning By-law Amendment application submitted by Brookfield Residential (Ontario) Limited be approved and that the Zoning By-law as contained in Attachment 3 of Report PSD-014-20 be passed; Page 14 Planning and Development Committee Minutes of May 19, 2020 8 That once all conditions contained in the Clarington Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-014-20 and Council’s decision; and That all interested parties listed in Report PSD-014-20 and any delegations be advised of Council's decision. Carried 13.2 PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Report PSD-015-20 was considered earlier in the meeting. 14. New Business – Consideration 15. Unfinished Business No Reports. 16. Confidential Reports No Reports. 17. Adjournment Resolution # PD-067-20 Moved by Councillor Neal Seconded by Councillor Traill That the meeting adjourn at 10:41 PM. Carried Chair Deputy Clerk Page 15 Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before deciding on an application to amend the Zoning By-law for a proposed Plan of Subdivision. Proposal LCJ Thomas Estates Inc. c/o Sakmet Developments has made an application to amend Zoning By- law 84-63 to rezone the lands from Urban Residential Type One (R1) to an appropriate zone which would permit the development of 17 townhouse units. The proposal also includes common elements such as an outdoor amenity space, a private street, a metre room, and five visitor parking spaces. The application submission has been deemed complete and staff are reviewing the proposal. Property 1668 Nash Road, Courtice The property is located on the northeast corner of Nash Road and Richfield Square. The site is within walking distance to schools and a commercial plaza. Surrounding uses include townhomes and single detached dwellings. See Map on reverse How to be Informed The proposed applications, including additional information and background studies, are available for review at the Planning Services Department and on our website at clarington.net/developmentproposals Questions? Please contact Nicole Zambri 905-623-3379, extension 2422, or by email at nzambri@clarington.net How to Provide Comments Our procedures have changed as we continue to adapt to the COVID-19 pandemic. As mandated by Public Health, to maintain physical distancing these meetings will take place electronically. Date: Monday, June 8, 2020 Time: 7:00 pm Place: Electronic Teams meeting by way of on-line device or telephone If you wish to provide comments on this application, please submit them to Nicole Zambri. Written comments can be mailed or dropped off at 40 Temperance Street, Bowmanville, ON L1C 3A6. A drop box is located at the Church Street entrance. The Meeting will start at 7:00 PM. If you wish to participate, anytime after 6:45 PM, you may join the meeting by visiting the Municipal website at www.clarington.net/calendar. Click on the Join Microsoft Teams Meeting link provided in the “How to Join the Electronic Public Meeting” document next to the Agenda, or call the telephone number, +1 289-274-8255 Conference ID: 281 422 973# File Number: S-C-2019-0004 and ZBA2019-0017 Page 16 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. Faye Langmaid, FCSLA, RPP Acting Director of Planning Services I:\^Department\Application Files\SC-Subdivision\S-C-2019\S-C-2019-0004 1668 Nash Road Courtice\Public Notice\Public Meeting Notice_June'8'2020.docx Page 17 Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Zoning By-law for a proposed residential apartment building. Proposal Lifelong Investment Corporation has made an application to amend Zoning By-law 84-63 to rezone the lands from Urban Residential Type Two (R2) to an appropriate zone which would permit the development of a three storey apartment building containing 95 residential units. The proposal includes underground parking and amenity space for the residents. The application has been deemed complete and staff are reviewing the proposal. Property 1640, 1644, 1648 Nash Road & 3010 Trulls Road, Courtice The property is located on the northwest corner of Nash Road and Trulls Road. The site is within walking distance of schools and a commercial plaza. Surrounding uses mainly include single detached dwellings. See reverse side for map How to be Informed The proposed applications, including additional information and background studies, are available for review at the Planning Services Department and on our website at clarington.net/developmentproposals Questions? Please contact Nicole Zambri 905-623-3379, extension 2422, or by email at nzambri@clarington.net How to Provide Comments Our procedures have changed as we continue to adapt to the COVID-19 pandemic. As mandated by Public Health, to maintain physical distancing these meetings will take place electronically. Date: Monday, June 8, 2020 Time: 7:00 pm Place: Electronic Teams meeting by way of on-line device or telephone If you wish to provide comments on this application, please submit them to Nicole Zambri. Written comments can be mailed or dropped off at 40 Temperance Street, Bowmanville, ON L1C 3A6. A drop box is located at the Church Street entrance. The Meeting will start at 7:00 PM. If you wish to participate, anytime after 6:45 PM, you may join the meeting by visiting the Municipal website at www.clarington.net/calendar. Click on the Join Microsoft Teams Meeting link provided in the “How to Join the Electronic Public Meeting” document next to the Agenda, or call the telephone number, +1 289-274-8255 Conference ID: 281 422 973# File Number: ZBA 2020-0005 Page 18 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. Faye Langmaid, FCSLA, RPP Acting Director of Planning Services /nl Page 19 From: l <libbyrac@gmail.com> Sent: June 4, 2020 4:27 PM To: Bunker, Greg; Salazar, Carlos ; Neal, Joe; Janice Jones; Anderson, Granville; Mayor Shared Mailbox; Zwart, Margaret; Traill, Corinna; Hooper, Ron Subject: Brookhill concept and comments on how to avoid diseases that are pestering our generation EXTERNAL Resending because the first email was not delivered for some reasons Comments: Brookhill concept and comments on how to avoid diseases that are pestering our generationEven though I do not live anywhere close by the new Brookhill subdivision, my area of Courtice will be affected by this development, if the mistakes made by developers in Courtice will not be avoided. One important issue to avoid diseases that occur in current and especially in the future is to change planning by a.Considering climate changes and b.The protection of natural environment This issue is new and it wasn’t dealt with during the last meeting on Brooklhill, May 21st, 2020. In case of Brookhill, there are two possibilities how to build this new community that would not contribute suffering of people and animals as well. 1. There should be no change to Nash Road (no extension as it used to be done to create a grid of unnecessary roads that degrades natural status) and 2.Small area in the midst of natural environment and streams should not be developed to provide the wildlife (including the fish that Bowmanville and its tributaries are known for) to move freely within surroundings (please, see the attached map with X for both pints 1 and 2) Future subdivisions are surrounded by three major roads and the plan should split travel to these three roads by creating liveable and safe community by using courts, crescent roads to divert traffic to these existing major roads rather than to create new, expensive and not safe new roads. Some examples - Athol St. in Oshawa, Ajax waterfront, Rathburn in Etobicoke and many others. Also, low Impact Development techniques such as permeable pavement, vegetated Page 20 swales, etc., to address urban heat island effects through roof treatments and on-site plantings, all according to Sustainable Development Design Guidelines. These 3 existing major Roads have commercial and other economic advantages unlike the Nash Road, where there are no such amenities and possibilities. 3. Some traffic will be diverted to the existing Nash Rd., and in that case, financial contribution from developers of Brookhill is needed to build eco-passages in form of road BUMPS that would provide passages from the PS Maple Grove Wetland Complex located south of the Nash Road and PS Harmony/Farewell/Iroquois Wetland Complex located on the north side of Nash Rd. This way, the mistakes made in Courtice could be avoided in this new subdivision of Brookhill. Reasons for these requests: There are many drivers that can contribute to the emergencies and transmission of diseases like land use, deforestation, fragmentation of habitat, etc. Animals just like us are forced to live in not liveable, polluted environment and all environmental loses make their bodies vulnerable to viruses, bacteria, etc. Bacteria, viruses, ticks and mosquitoes thrive in polluted or degraded environment. Diseases are then transferred from animals to humans. On top of all negative impacts on the environment by humans, climate change disrupts the global ecosystem and causes species to move and they transmit zoonic diseases like Lyme disease, West Nile virus, flesh-eating bacteria, SARS and recently known coronavirus or COVID - 19. Some of these diseases are then transferred from human to human. Humans are also their edges with nature by fragmenting their habitat adding to fragmented ecology, which is allowing for different avenues in which pathogens can move around. (All the above mentioned notes are described by the World Health Organization WHO and many other universities of Health and Science, including the University of Guelph.) Please, consider my comments for the protection of human kind. Libby Racansky Sent from Mail for Windows 10 Page 21 Page 22 Page 23 Hon. Doug Downey, Attorney General Ministry of the Attorney General 11th Floor McMurtry-Scott Building, 720 Bay Street Toronto, ON M7A 2S9 May 29, 2020 Minister Downey, I am writing to you on behalf of Oakville’s Economic Task Force and the foodservice industry in Oakville to request urgent action to ensure the safe re-introduction of patio service for restaurants in Ontario. The Alcohol and Gaming Commission (AGCO) is currently not reviewing patio applications and this may result in catastrophic delays and bottlenecks that may end in restaurants missing the entire patio season when the Province lifts its provincial restrictions. I agree that public health should be at the forefront of any reopening decision, however the Province and the AGCO should prepare now for the anticipated demand for patio applications by updating its policies and processes. The Provincial government and the AGCO can help the foodservice industry by:  Immediately commence its review of patio applications from restaurants in anticipation of the provincial order being lifted to ensure restaurants can safely maximize their patio season  Waive the provincial fee of $815 associated with the application for Changes and/or Additions to Existing Licensed Areas  Streamline the application system to expedite notifications, reviews and approvals to minimize the weeks or month-long processing period for restaurant owners In order to be in a ready stance for when Provincial restrictions on restaurants are lifted, Oakville Town Council passed a motion that will enable the provision of temporary commercial services outdoors, including patios or pop-up facilities associated with existing restaurants. The motion also waived the municipal portion of patio and bistro application fees for 2020. In addition, Town staff is streamlining our internal approval processes. Time is one resource that restaurant owners, who have been hard-hit financially, do not have. I am available to further discuss this matter at your earliest convenience. Sincerely, Mayor Rob Burton Page 24 Page 25 Page 26 When provincial restrictions lift, many restaurants in Oakville will have an opportunity to open more patio space to accommodate customers while still respecting social distancing rules. Oakville council voted unanimously on Monday, May 25 to pass a Commercial Recovery Initiative that will allow businesses, like restaurants, to temporarily use town lands in and adjacent to commercial areas at normal cost. Existing restaurants and retail businesses can use this town land to offer outdoor commercial services, including expanded patio service or pop-up facilities. Page 27 According to the motion, the space can also be used for an outdoor sale or to display merchandise. The initiative is subject to permit requirements and will come into effect once the relevant provincial orders prohibiting in-restaurant dining and other outdoor activities are lifted. Ward 1 Coun. Sean O’Meara spoke about the importance of giving restaurants, in particular, this extra space. “From what we hear in some of the jurisdictions that are openi ng up is that restaurants are only going to be allowed about a 25 per cent occupancy rate. When you speak with restaurateurs, those numbers don’t add up to a successful business. Many are already facing closure,” he said. “They need these types of resources, they need to be able to expand their footprint in order to protect the health and safety of the patrons, of people walking by, and to ensure they can still run a successful business model.” The initiative will incorporate physical distancing measures in these areas to address safety. “Town council and Oakville’s Economic Task Force want to be proactive and identify opportunities to support small businesses and restaurants. Converting available outdoor space to allow customers to shop or dine, while following proper physical distancing, will restore confidence in in-person shopping and dining when the provincial order allows restaurants to restore their full services,” said Oakville Mayor Rob Burton. “In line with recommendations from our local BIAs, the town will also be waiving the municipal portion of patio and bistro application fees. We know restaurants have been among the hardest hit as a result of the emergency order relating to the COVID-19 pandemic and we will continue to do everything we can to support our local restaurants who are an essential part of our community and local economy.” The mayor said he would also be writing the province to request that the Alcohol and Gaming Commission start processing these applications in anticipation of provincial restrictions being lifted. He said he would also request that they streamline this application process and waive any provincial fees for restaurants and small businesses. Page 28 Page 29 Page 30 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: June 8, 2020 Report Number: PSD-016-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: S-C-2019-0004 & ZBA2019-0017 By-law Number: Report Subject: PM- Draft Plan of Subdivision and Rezoning to Permit a Block of 17 Townhouse Units at 1668 Nash Road in Courtice Recommendations: 1. That Report PSD-016-20 be received; 2. That the proposed Draft Plan of Subdivision and Zoning By-law Amendment applications, submitted by LCJ Thomas Estates Inc. c/o Sakmet Developments, continue to be processed and that a subsequent recommendation report be prepared; and 3. That all interested parties listed in Report PSD-016-20 and any delegations be advised of Council’s decision. Page 31 Municipality of Clarington Page 2 Report PSD-016-20 1. Background 1.1 Owner/Applicant: LCJ Thomas Estates Inc. c/o Sakmet Developments 1.2 Proposal: Draft Plan of Subdivision The proposed draft plan of subdivision would permit the development of a common elements condominium townhouse block. Zoning By-law Amendment Proposal is to rezone the property from “Urban Residential Type One (R1) Zone” to an appropriate zone that would permit 17 condominium townhouse units in Courtice. 1.3 Area: 1 acre (0.41 ha) 1.4 Location: 1668 Nash Road, Courtice 1.5 Roll Number: 1817-010-090-23600 1.6 Within Built Boundary: Yes 2. Background 2.1 On October 30, 2019, LCJ Thomas Estates Inc. c/o Sakmet Developments submitted an application for a Draft Plan of Subdivision and Rezoning for 17 townhouse units. The proposal also includes common elements such as an outdoor amenity space, a private street, an electrical metre room, and five visitor parking spaces. Report Overview The Municipality is seeking public input on applications for a Draft Plan of Subdivision and a Rezoning to permit 17 townhouse units. The subject lands are located at 1668 Nash Road in Courtice. The block of townhouses is proposed to be a Common Elements Condominium. The site plan details will be addressed as part of a future Site Plan application. The Draft Plan of Condominium and Site Plan applications are anticipated to be submitted should the application for Draft Plan of Subdivision and Rezoning be app roved. Page 32 Municipality of Clarington Page 3 Report PSD-016-20 Figure 1 – Proposed Site Design 2.2 The applications were deemed incomplete due to the need for additional supporting documents. The applications continued to be processed and were circulated to agencies and departments for preliminary comments on January 14, 2020. Once all materials were submitted, the applications were deemed complete on March 17, 2020 and a Public Meeting was scheduled at the next available date. Due to unforeseen circumstances with the State of Emergency related to COVID-19, the Public Meeting could not be scheduled until a change in legislation in mid -April. Page 33 Municipality of Clarington Page 4 Report PSD-016-20 Figure 2 – Map showing the subject property and surrounding neighbourhood 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 1668 Nash Road in Courtice, at the northeast corner of Nash Road and Richfield Square, near the main intersection of Nash and Trulls Road. The site currently contains a single detached dwelling on a large lot with accessory structures. The lot area is 0.41 ha (1 acre) and has lot frontage of 63 metres (206 ft). Page 34 Municipality of Clarington Page 5 Report PSD-016-20 3.2 The surrounding uses are as follows: North - A channelized water course, which is piped underground and ultimately connects to the Black Creek tributary to the west of Trulls and south of Nash. Further north, residential freehold townhouse units and detached residential dwellings. East - Detached residential dwellings on relatively la rger lots. South - Courtice North Public Elementary School and Parkview Village, a stacked townhouse condominium block ranging from two to three storeys. The units face internally to the site. The site also contains several amenities, such as a separate amenity building, car wash, courtyard, and tennis courts. West - A neighbourhood commercial plaza and detached residential dwellings . 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement (PPS) policies direct growth to settlement areas and promote compact development forms. Planning authorities are to facilitate a variety of housing forms and promote residential intensification to achieve efficient development patterns, especially along public transit and active transportation routes. The definition of ‘intensification’ includes the development of underutilized lots within previously developed areas and infill development among other things. Recent changes to the PPS policies state that planning authorities shall also consider market demands when evaluating proposals. 4.2 The subject lands are located within a settlement area, known as Courtice, which is to be a focus of growth and development. It is also adjacent to a public transit route and bike and pedestrian route. Development proposals are to appropriately use infrastructure and public services while also respecting the surrounding context. Provincial Growth Plan 4.3 The Growth Plan for the Greater Golden Horseshoe (Growth Plan) is a long-term planning framework that manages growth, mainly within the urban areas of the Greater Golden Horseshoe. It provides policies to encourage complete communities, which includes a diverse mix of land uses, a mix of employment and housing types, high quality public open spaces, and convenient access to local stores and services. New transit-supportive and pedestrian-friendly developments will be concentrated along existing and future transit routes. The objective is to protect the natural environment, make use of existing public infrastructure, and encourage compact development within the already built up areas of the municipality. Page 35 Municipality of Clarington Page 6 Report PSD-016-20 4.4 The subject lands are within the defined Built Boundary and within the Urban Boundary of Courtice. Growth is to be accommodated by directing development to the existing built up areas of Courtice through intensification. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built-up area. After the Regional Comprehensive Official Plan review is completed, the minimum target will increase to 50 percent. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject property as “Living Areas”. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads. Clarington Official Plan 5.2 The Clarington Official Plan designates the property “Urban Residential” and is located within the Built-Up Area of the Municipality. The proposal for 17 townhouse units would contribute towards the Municipality’s Residential Intensification Target and utilize existing public services and infrastructure. Intensification within the Built-up Areas is encouraged and is to be given priority. 5.3 Table 4-3 of the Plan provides the Urban Structure Typologies for specific areas of the Municipality. These identified areas are where growth and higher intensity built forms are to be directed. The site is located at the edge of a neighbourhood and is adjacent to a Type B Arterial Road, Nash Road. The subject lands are required to meet a minimum net density of 19 units per hectare. The proposal is for approximately 40 units per hectare. The built form shall be between 1 to 3 storey and primarily used for ground related units including limited apartments, townhouses, semi-detached, or detached dwellings. 5.4 Any intensification or infill development, such as the one being proposed, must also consider and respect the surrounding context. Consideration will be given to:  Pattern of lots  Size and configuration of lots  Building types of nearby properties  Height and scale of buildings  Setback of buildings from the street  Rear and side yard setbacks Page 36 Municipality of Clarington Page 7 Report PSD-016-20 6. Zoning By-law 6.1 The subject property is zoned “Urban Residential Type One (R1)”, which recognizes the current land use of a detached dwelling. The R1 Zone does not permit the proposed townhouse development. The rezoning application proposes to rezone the property to an appropriate zone to permit the proposed plan of subdivision for 17 residential townhouse units. 7. Summary of Background Studies 7.1 The applicant has submitted several studies in support of the development application which have been circulated to various agencies and departments for review and comment. Staff will work with the applicant and/or their agent to ensure that supporting documents appropriately address all applicable provincial, regional and local policy prio r to the preparation of a recommendation report. The submission materials can be found on the Municipality’s website under current development proposals (www.clarington.net/developmentproposals). 7.2 The applicant has submitted the following supporting documents which have been circulated to other departments and agencies for review and comments:  Urban Design Brief  Sustainability Report  Traffic Impact Brief  Functional Servicing and Stormwater Management Report  Geotechnical & Hydrogeological Report  Noise Acoustic Report  Tree Arborist Report  Archaeological Assessment Stage 1 & 2 Report Urban Design Brief 7.3 An Urban Design Brief was submitted in support of the application to address the integration of the development with the existing neighbourhood context. It provides details about how the development will complement the existing built form including architectural details, landscaping at the entrances and corner features. The report concludes that the design of the site will be consistent with the surrounding neighbourhood and will provide a pedestrian -oriented presence along Nash Road, creating a gateway entrance to the neighbourhood. Page 37 Municipality of Clarington Page 8 Report PSD-016-20 Figure 3 – Proposed Elevation along Nash Road Sustainability Report 7.4 The report provides a high-level overview of conservation and sustainability measures to be implemented in the development of the land in order to achieve a healthy and sustainable development now and in the future. It includes recommendations for the construction of the dwellings to improve air and water quality, implementation measures to reduce energy and water consumption, and an educational component for new homeowners. It is worth noting that the applicant is proposing to provide a 6 month transit pass to each homeowner to encourage the use of public transit and to take advantage of the public transit route along Nash Road. Other features like bicycle parking and strong pedestrian connectivity are intended to help reduce the need for personal vehicle trips. Traffic Impact Brief 7.5 A Traffic impact brief was prepared to analyse the existing and future traffic conditions at the intersection of Nash Road and Richfield Square. It also examines the impacts of the proposed condominium townhouse block on the public road network. The report concludes that the traffic impacts from the proposed development of 17 townhouse units are minimal since the forecasted trips to and from the site are considered marginal. It is Page 38 Municipality of Clarington Page 9 Report PSD-016-20 not expected to have any conflict with pedestrians. The units will be serviced with an internal private lane which eliminates direct vehicle access to the public roads from each unit and concentrates vehicle traffic to two points of access, one off Nash Road and one entrance off Richfield Square. Functional Servicing & Stormwater Management Report 7.6 A functional servicing report and stormwater management report has been prepared identifying how the site will be serviced and how the stormwater will be managed post development. The report demonstrates the following:  parts of the site will drain uncontrolled to the north and south (Nash Road to the south and the existing drainage channel to the north)  Quantity control will be provided with the use of underground oversized storm sewer system  Low Impact Development measures are proposed to minimize runoff and maximize on-site retention and quality control.  Sanitary sewer system will be constructed within the development’s private lane and then outlet to the existing watermain along Richfield Square. Geotechnical & Hydrogeological Report 7.7 A geotechnical and hydrogeological report has been prepared. The report indicates that there will not be significant constraints for the proposed development from the seasonal variations of groundwater as the water can be handled with appropriate engineering techniques. It is anticipated that the groundwater will generally be lower than the depth of the future development. Minor impacts to groundwater and surface water is expected as a result of the development. Low Impact Development measures are recommended to be incorporated to mitigate the impacts. Noise Acoustic Report 7.8 A noise report was prepared to determine the sound levels for the future residents. The report examines noise levels for the proposed outdoor amenity space, and the i ndoor and outdoor living areas from the road traffic and stationary noises from the mechanical units on the commercial plaza. The study included noise mitigation measures, including warning clauses for home buyers affected by high noise exposure. Tree Arborist Report 7.9 The arborist report indicates that there is a total of 82 trees on and within six metres of the subject property. The report recommends removal of the hedgerow along the west side of the property to accommodate the development. This area will n eed to be graded and disturbed to accommodate the vehicle entrance off Richfield Square and to access water services. The trees to the north and east are proposed to be protected, provided the appropriate protection measures are installed prior to construc tion. Page 39 Municipality of Clarington Page 10 Report PSD-016-20 Archaeological Assessment Stage 1 & 2 Report 7.10 The Stage 1 work concluded that the subject property had archaeological potential due to the proximity to water sources. The Stage 2 assessment was conducted using test pit surveys. It was determined that no further archaeological assessment of the property was required because the test pit survey did not identify any archeological resources on the property. 8. Public Notice and Submissions 8.1 Public notice was originally mailed to each landowner within 120 metre s of the subject lands and two signs were posted on the property, advising of the complete application received by the Municipality. Due to the COVID-19 pandemic, the initial notice was mailed out to each landowner in advance of the municipality’s ability to hold a virtual public meeting. Once a Public Meeting was scheduled, a subsequent notice was sent on May 4, 2020, to the same landowners informing them of the public meeting details. 8.2 At the time of writing this report, Staff have received four inquiries with respect to the application. Residents have expressed the following comments/concerns about the application: • Removal of the mature trees along the north and west side of the property; • The increase in units would further aggravate the existing traffic issues on Richfield Square, particularly during pick up and drop off times from the nearby school; • Increase in vehicles parking on Richfield Square from the new development would further aggravate the existing parking issues; • Safety of pedestrians, particularly students; • Negative impacts to quality of life and home value; • Dust from grading of the site; and • Worried that units may be rented, and properties may be unkept. 8.3 Comments received from the public at this Public Meeting will also be considered and included in the forthcoming recommendation report. 9. Agency and Department Comments 9.1 The application was circulated to several internal departments and external agencies for review and comment. A few agency and department comments remain outstanding, including the Region of Durham Planning Department comments. All comments will be summarized in the forthcoming recommendation report. Comments received from agencies and departments were generally supportive of the application and no major concerns were identified regarding the overall concept. Page 40 Municipality of Clarington Page 11 Report PSD-016-20 9.2 The Engineering Department finds the overall volumes and levels of service in the Traffic Impact Study acceptable, however there are concerns with the existing traffic conditions and the additional conflict introduced by t he second entrance on Nash Road, which have not been adequately addressed in the Traffic Impact Study. The Engineering Department has required that a right-in design for the entrance to the development from Nash Road be submitted. 9.3 The Clarington Fire and Emergency Services Department has no concerns with the overall proposal. Comments related to site plan details were provided requesting the installation of fire route signage and showing the fire hydrants on the site plan. 9.4 CLOCA has advised that the low impact development feature in the north section of the property encroaches into the tree preservation area. Development should not encroach into this area. There are also some outstanding comment pertaining to the low impact development feature proposed. However, these comments can be addressed through the conditions of draft approval should the development be approved. CLOCA is overall supportive of the development application. 9.5 Durham Region Works Department has requested that the site plan be revised to sho w a minimum of 6.5 m private road width from the edge of asphalt for waste collection service, as opposed to the 6.60 m width to the edge of the gutter line which is shown on the current drawings. The Region also has several technical comments related to the Functional Servicing Plan, in terms of methods used and detailed calculations and notes on drawings for connections. 10. Discussion 10.1 The applicant has been working with Staff and agencies in addressing comments and issues. The original submission of the application in December, proposed 20 townhouse units. The applicant has revised the application to 17 townhouse units in response to the technical issues and concerns from Staff. 10.2 The applicant has also proposed to protect the mature trees on the north and east side of the property to maintain privacy between the existing residential homes from the new development. This may address some of the concerns from residents. The tress on the west side are proposed to be removed to accommodate grading, an access off Richfield Square and connections to public infrastructure. 10.3 Municipal Staff are also aware of the existing traffic and parking issues on Richfield Square, further discussions with the applicant and his consultant in this regard will take place to address the issues. Nash Road is a Type B Arterial Road which carries a high volume of traffic. Private driveways are to be limited or avoided. One access is permitted every 80 metres. The frontage of this property is 60 metres, which means that only one access would be permitted off Nash Road. Page 41 Municipality of Clarington Page 12 Report PSD-016-20 10.4 As for the parking requirements, the proposal provides 2 parking spaces per dwelling unit, one outdoor and one inside the garage, plus five visitor parking spaces which complies with the minimum required visitor parking spaces for linked townhouse dwellings in the Zoning By-law. 10.5 Planning Services Staff will continue to review and analyse the proposed applications for draft plan of subdivision and rezoning and will address all technical matters, along with the submitted public comments in a subsequent recommendation report to Committee and Council. It is anticipated that further site design details will be addressed through the Site Plan process. 11. Concurrence Not applicable. 12. Conclusion 12.1 The purpose of this report is to provide background information on the proposal for 17 townhouse units submitted by LCJ Thomas Estates Inc. c/o Sakmet Developments for the Public Meeting under the Planning Act. Staff will continue to review and process the application, including department, agency and public feedback and will prepare a subsequent recommendation report for Council’s consideration. Comments received at this public meeting will be considered and included in the recommendation report. Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri@clarington.net. Interested Parties: List of Interested Parties available from Department. Page 42 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: June 8, 2020 Report Number: PSD-017-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: ZBA 2020-0005 By-law Number: Report Subject: PM – Rezoning application to permit the development of a three storey apartment building containing 95 residential units at 1640, 1644, 1648 Nash Road & 3010 Trulls Road, Courtice Recommendations: 1. That Report PSD-017-20 be received; 2. That the proposed Zoning By-law Amendment application, submitted by Lifelong Investment Corporation, continue to be processed and that a subsequent recommendation report be prepared; and 3. That all interested parties listed in Report PSD-017-20 and any delegations be advised of Council’s decision. Page 43 Municipality of Clarington Page 2 Report PSD-017-20 1 Application Details 1.1 Owner/Applicant: Lifelong Investment Corporation 1.2 Proposal: Zoning By-law Amendment Proposal is to rezone the property from “Urban Residential Type Two (R2) Zone” to an appropriate “Urban Residential Type Four Exception (R4) Zone” to permit a three storey apartment building containing 95 units in Courtice. 1.3 Area: 1.7 acres (0.68 ha) 1.4 Location: 16640, 1644, 1648 Nash Road & 3010 Trulls Road, Courtice 1.5 Roll Numbers: 1817-010-010-04200; 1817-010-010-04300; 1817-010-010- 04400; 1817-010-010-04201 1.6 Within Built Boundary: Yes 2 Background 2.1 On March 25, 2020, Lifelong Investment Corporation submitted an application for a Rezoning to permit a three storey building containing 95 apartment units at the northwest corner of Nash Road and Trulls Road in Courtice. The proposal also includes outdoor and indoor common amenity spaces, as well as underground and surface parking. The proposal shows 24 bachelor units, 68 one bedroom units, and 3 two bedroom units. The size of the apartments ranges from about 380 sq. feet to 680 sq. feet. Report Overview The Municipality is seeking public input on an application for a Zoning By-law Amendment to permit a three storey apartment building containing 95 units and underground parking at the northwest corner of Nash and Trulls Road in Courtice. The subject lands are comprised of an amalgamation of 4 properties with a total area of approximately 0.68 hectares. The applicant has indicated that the ownership of the units will be of condominium tenure. The site plan details, and tenure will be addressed through future Site Plan and Proposed Plan of Condominium applications, should the Rezoning application be approved. Page 44 Municipality of Clarington Page 3 Report PSD-017-20 2.2 The application was deemed complete on April 20, 2020. The appli cation was circulated to agencies and departments for comments on April 24, 2020. Page 45 Municipality of Clarington Page 4 Report PSD-017-20 Figure 2 – Map showing the subject properties and surrounding neighbourhood 3 Land Characteristics and Surrounding Uses 3.1 The subject lands are an amalgamation of four properties located at the northwest corner of Nash and Trulls Road in Courtice. The total lot area for this development is 0.68 ha (1.7 acres) and has a combined frontage of approximately 95 metres (312 feet) along Nash Road, and 54 metres (177 feet) along Trulls Road. A portion of the lot at 1640 Nash Road wraps around the back of the adjacent residential dwellings to the west. All four of the lots currently contain a detached residential dwelling. Page 46 Municipality of Clarington Page 5 Report PSD-017-20 3.2 The surrounding uses are as follows: North A wood lot and three detached residential dwellings on relatively larger lots. Further north is a residential subdivision where Abbywood Crescent is terminated both to the west and north. East A neighbourhood commercial plaza and detached residential dwellings. South Detached residential homes and the Black Creek tributary which is fed by a channelized water course from the northeast. West Parkwood Village, which is a stacked townhouse condominium development ranging from two to three storeys. The units face internally to the site. The site also contains several amenities, such as a separate amenity building, car wash, courtyard, and tennis courts. 4 Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement (PPS) policies direct growth to settlement are as and promotes compact development forms. Planning authorities are to facilitate a variety of housing forms and promote residential intensification to achieve efficient development patterns, especially along public transit and active transportation routes . The definition of ‘intensification’ includes the development of underutilized lots within previously developed areas and infill development among other things. Recent changes to the PPS policies state that planning authorities shall also consider market demands when evaluating proposals. The subject lands are located within a settlement area, known as Courtice, which is to be a focus of and pedestrian Provincial Growth Plan 4.3 The Growth Plan for the Greater Golden Horseshoe (Growth Plan) is a long-term planning framework that manages growth, mainly within the urban areas of the Greater Golden Horseshoe. It provides policies to encourage complete communities, which includes a diverse mix of land uses, a mix of employment and housing types, high quality public open spaces, and convenient access to lo cal stores and services. New transit- supportive and pedestrian-friendly developments will be concentrated along existing and future transit routes. The objective is to protect the natural environment and make use of existing public infrastructure, encouraging compact development within the already built up areas of the municipality. Page 47 Municipality of Clarington Page 6 Report PSD-017-20 4.4 The subject lands are within the defined Built Boundary and within the Urban Boundary of Courtice. Growth is to be accommodated by directing development to the existing built up areas of Courtice through intensification. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built - up area. After the Regional Comprehensive Official Plan review is completed, the minimum target will increase to 50 percent. Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject properties as “Living Areas”. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads. A full analysis of conformity to the Durham Region Official Plan will be included in a future recommendation report. 5.2 The woodlot on the adjacent lands to the north of 1640 Nash Road is identified in the Region’s Official Plan as a Key Natural Heritage area. Clarington Official Plan 5.3 The Clarington Official Plan designates the properties “Urban Residential” and is located within the Built-Up Area of the Municipality. The proposal for 95 apartment units would contribute towards the Municipality’s Residential Intensification Target and utilize existing public services and infrastructure. Intensification within the Built-up Areas is encouraged and is to be given priority. 5.4 Table 4-3 of the Plan provides the Urban Structure Typologies for specific areas of the Municipality. The site is located at the edge of a neighbourhood and is adjacent to two arterial roads. The policies of the Clarington Official Plan identify that the edge of neighbourhoods and adjacent to arterial roads is one of the locations where growth and higher intensity built forms are to be directed. Nash Road is a Type C Arterial Road (turns into a Type B Arterial Road, heading east, after it crosses Trulls Road) and Trulls Road is a Type B Arterial Road. 5.5 The subject lands are required to meet a minimum net density of 19 units per hectare. The proposal is for approximately 140 units per hectare. The built form shall be between 1 to 3 storey and primarily used for ground related units including limited apartments, townhouses, semi-detached, or detached dwellings. 5.6 Any intensification or infill development, must a lso be reviewed based on all the Official Plan policies including, urban design, environment, transportation, etc. Page 48 Municipality of Clarington Page 7 Report PSD-017-20 6.1 The subject properties are zoned “Urban Residential Type Two (R2)”, which recognizes the current low density land uses consisting of detached dwellings. The R2 Zone does not permit the proposed apartment building. The rezoning application proposes to rezone the property to an appropriate “Urban Residential Type Four (R4) Exception Zone” to permit the 95 apartment units. It will also require exceptions to the General Zone provisions and the R4 provisions for setbacks, density, parking, and unit sizes. 7.1 The applicant has submitted several studies in support of the development application which have been circulated to various agencies and departments for review and comment. Staff will work with the applicant and/or their agent to ensure that supporting documents appropriately address all applicable provincial, regional and local policy prior to the preparation of a recommendation report. The submission materials can be found on the Municipality’s website under current development proposals (www.clarington.net/developmentproposals). 7.2 The applicant has submitted the following supporting documents which have been circulated to other departments and agencies for review and comment:  Planning and Urban Design Report  Traffic Impact Study  Functional Servicing and Stormwater Management Report  Noise Report  Environmental Impact Study  Arborist Report  Archaeological Assessment Stage 1 & 2 Report for all subject properties Planning and Urban Design Report 7.3 A Planning and Urban Design Report states, the proposal is for a three storey residential building at the northwest corner of two arterial roads. The zoning by-law amendment is required to increase the density to allow for an apartment building. It will also need to address minimum front and exterior yard setbacks, building height, and minimum unit sizes per bedroom. The report states that the proposal would meet the minimum required parking spaces for the residential units proposed. However, the report has not accounted for the 0.25 visitor parking spaces per unit required by the Zoning By-law. This would mean 24 parking spaces will need to be provided for visitors based on the current development proposal of 95 units. Page 49 Municipality of Clarington Page 8 Report PSD-017-20 7.4 The report discusses the design aspects of the proposal in relation to the context of the neighbourhood. The placement of the building is sited at the corner of Nash and Trulls Road to create an urban streetscape and to accommodate a 45 degree angular plane from the adjacent residential properties. The report further states that the design of the building references the existing Neo-Georgian/Edwardian architecture in the neighbourhood by proposing a sloped roof and dormers. It also is similar to the massing and height of the multi-residential development on the southeast corner of the subject lands. A jog (bump out) has been provided in the building elevations along Nash and Trulls Roads to break up the massing of the building. Figure 3 - Proposed Elevation along the intersection of Nash Road and Trulls Road Traffic Impact Study 7.5 A Traffic Impact Study was prepared to analyse the traffic impacts of the proposed development on the surrounding road network and the intersection of Nash Road and Trulls Road. The report reflects an earlier concept plan for a retirement home and townhouses, ultimately not submitted for the lands. The report will need to be updated to reflect the current proposal, since the proposed use has changed, even though the total number of units have been reduced. The report does not address traffic counts for the school year. Page 50 Municipality of Clarington Page 9 Report PSD-017-20 7.6 The report indicates that the intersection of Nash and Trulls Road is anticipated to operate at an acceptable level since the traffic impacts to the intersection will range from minimal to low. The site access to the development off of Nash Road is also anticipated to operate at an acceptable level of service. Functional Servicing and Stormwater Management Report 7.7 A Functional Servicing and Stormwater Management Report was prepared in support of the application. The existing area for the proposed development is identified as generally sloping towards the intersection of Trulls Road and Nash Road, while a small portion of the site on the northwest corner slopes west, towards existing residential development. All required storage for the stormwater will be accommodated within the on -site storm sewers and an underground storage chamber. The small portion of the site that drains to the west will drain uncontrolled as per existing conditions. 7.8 Quality control will be addressed using permeable pavement in portions of the parking lot, extra top-soil depth, and passive landscaping to promote infiltration. An end of pipe oil and grit separator is also proposed. 7.9 An existing watermain is located along Nash Road which will service the subject lands. A sanitary sewer system for the proposed development will be constructed within the development’s internal road. The flows from the development will be conveyed via gravity to the existing sewer on Nash Road. Noise Report 7.10 A Noise Report was prepared to determine noise mitigation measures to incorporate into the design of the development for both indoor spaces and outdoor amenity areas. Warning clauses are recommended to ensure future residents are aware of potential noise issues and future noises generated from surrounding uses. The report analysed potential noise impacts from road traffic, as well as stationary sources, such as the mechanical units on the commercial plaza. Environmental Impact Study 7.11 An Environmental Impact Study has been prepared to evaluate the impacts of the development on the existing woodlot to the north of the subject lands, identified as a Key Natural Heritage feature in the Region of Durham’s Official Plan. The report also examines the wildlife on the property to determine if protection is required. The report analysis determined that the adjacent woodlot would not be considered significant because of its species composition, age, or tree stand history. It also does not recommend a buffer from the dripline. However, the report acknowledges the woodlot is likely considered significant at a functional level because of the lack of forest cover in the Darlington Creek Watershed. No significant wildlife was identified on the property. 7.12 The Study will need to be updated to address the policies of Clarington Official Plan, specifically as it relates to the woodlot. Development is currently proposed within the 10 metre buffer of the tree dripline. Page 51 Municipality of Clarington Page 10 Report PSD-017-20 Arborist Report 7.13 The Arborist Report indicates that the trees located at the northwest corner of the subject lands and along the north boundary are to be protected. It also states that a 10 metre setback from the dripline is recommended in the Environmental Impact Study to protect the forest edge rooting zone. This is contradictory to the Environmental Impact Study which states that no buffer is required. The Arborist report will need to be revised to reflect the current development proposal, which will impact Tree Number 40 in the tree preservation plan. A full assessment of all trees located on the subject lands in required, currently it appears the assessment is only on the northwest portion of the subject lands. Archaeological Assessment Stage 1 & 2 Report 7.14 A Stage 1 and Stage 2 Archeological Assessment was conducted for all the subject properties. The Stage 1 work concluded that the sites had archaeological potential due the proximity to water sources. The Stage 2 assessment was conducted. It was determined that no further archaeological assessment was required because the surveys did not identify any significant archeological resources on the property. 8.1 Public notice for this Public Meeting was mailed to each landowner within 120 metres of the subject lands on May 5, 2020. Two public meeting signs were posted on the subject lands, one along the Nash Road frontage and the other along the Trulls Road frontage. 8.2 At the time of writing this report, Staff have received four inquiries with respect to the application. Some of the comments were general inquiries about the development, while other residents expressed the following concerns about the application:  Increase in traffic volumes, particularly during school pick up and drop off times;  Overall density of the site; and 8.3 Comments received from the public at the Public Meeting, and during the review of the applications, will be considered and included in a future recommendation report. Department 9.1 The application was circulated to several internal departments and external agencies for review and comment. 9.2 Currently, comments remain outstanding from some of the circulated agencies. As comments are received, they will be forwarded to the applicant to address prior to any further reports. Comments will be summarized in the forthcoming recommendation report. Below is a summary of the comments which have been received to date. Page 52 Municipality of Clarington Page 11 Report PSD-017-20 Central Lake Ontario Conservation Authority 9.3 The Central Lake Ontario Conservation Authority has no objection to the site being developed, however there are several items that will need to be addressed with respect to the natural heritage system, stormwater management and flooding impacts, as well as, water balance requirements. 9.4 The subject lands are within a significant groundwater recharge area. The applicant will need to conduct a water balance analysis to ensure recharge of the groundwater. Also, no discussion has been provided in the reports regarding the underground parking and how it will be constructed and function with respect to the high-volume recharge area and stormwater management. Further discussion is also required regarding the significance of the woodlot and the buffer from the dripline which will be addressed in a revised Environmental Impact Study. Durham Region Works Department 9.5 The Durham Region Works Department has no objection to the rezoning application. Comments related to the site design, such as, municipal waste management collection services, Transportation Demand Management (TDM) measures, and site servicing will be coordinated through the anticipated site plan application. Clarington Engineering Services Department 9.6 The Engineering Services Department has no objection in principle to the rezoning application. Additional analysis regarding traffic counts to account for the school traffic will be required in a revised Traffic Impact Study. Also, the Functional Servicing and Stormwater Management report will need to be revised to include the external drainage area to the north in the calculations for storage volume requirements. Clarington Accessibility Committee 9.7 The Accessibility Committee has no objection to the rezoning application in principle. The Committee has provided comments regarding accessible parking needs, size of the apartment units, and other interior building design matters to address accessible housing needs. 10 Discussion 10.1 The Official Plan requires that new development within existing neighbourhoods must respect the physical character of the area. Consideration is to be given to the pattern and size of existing lots, building types of nearby properties, height and scale of buildings, and setback of buildings. Analysis regarding the appropriateness of the development in relation to the surrounding neighbourhood will be provided in the recommendation report. Page 53 Municipality of Clarington Page 12 Report PSD-017-20 10.2 The applicant is proposing to rezone the property to an R4 Exception Zone. The exceptions proposed would be to increase the maximum density in an R4 zone, as well as, increase the maximum height requirement from 12 metres to 12.5 metres, and reduce the front and exterior yard minimum setback requirements, and the minimum floor area of the proposed apartment units. Further discussion and justification is needed regarding the minimum parking and loading space requirements. 10.3 There is a woodlot located to the north of the subject lands, which is identified in the Region of Durham Official Plan as a Key Natural Heritage Feature. The Clarington Official Plan did not map the feature, the policies acknowledge that there are natural heritage features that are not mapped but may be important to the natural heritage system. The minimum setback to a woodlot can be reduced from 15 metres to 10 metres in an urban area where the woodlot is not associated with a hydrological feature, provided it is supported by the Environmental Impact Study and there is no net loss to the total area of the vegetation protection zone. The applicants have submitted an Environmental Impact Study, as well as a tree preservation plan which is being reviewed by staff and the conservation authority. Further discussion with the applicant’s ecologist, conservation authority and the Municipality, are required regarding the significance of the woodlot and the appropriate buffer. The findings and recommendations will be provided in a future report. 10.4 Abbeywood Crescent was constructed in the mid to late 80’s and assumed that at some point in the future the two larger parcels fronting on Trulls Road and now containing a woodlot, would be developed to complete the road pattern. The woodlot may prevent th is from occurring. This development must maintain an appropriate buffer to th e naturl heritage feature. 10.5 A Traffic Impact Study was submitted as part of the rezoning application. The report requires revision and further review by staff prior to the recommendation stage. It is also important to note that the proposal does not contain any visitor parking. This will be discussed further with the applicant and addressed through the process. 10.6 Planning Staff will continue to review and analyse the proposed rezoning application and revisions to supporting documents. All technical matters, along with the submitted public comments will be addressed in a subsequent recommendation report to Committee and Council. It is anticipated that further site design details will be add ressed through the Site Plan process. Concurrence Not Applicable. Page 54 Municipality of Clarington Page 13 Report PSD-017-20 12 Conclusion The purpose of this report is to provide background information on the proposal for a 95 unit apartment building submitted by Lifelong Investment Corporation for the Public Meeting under the Planning Act. It is recommended that staff continue to review and process the application, including department, agency and public feedback and prepare a subsequent recommendation report for Council’s consideration. Comments received at this public meeting will be considered and included in the recommendation report. Staff Contact: Nicole Zambri, Planner, (905) 623-3379 extension 2422 or nzambri@clarington.net. Attachments: Not Applicable Interested Parties: A list of Interested Parties is available from Planning Services Department. Page 55 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: June 8, 2020 Report Number: PSD-018-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: PLN 34 By-law Number: Report Subject: Addition of Properties to the Municipal Heritage Register Recommendations: 1. That Report PSD-018-20 be received; 2. That 2 Ontario Street, Bowmanville be added to the Municipal Register; 3. That 3 Ontario Street, Bowmanville be added to the Municipal Register; 4. That 8 Wellington Street, Bowmanville be added to the Municipal Register; 5. That 36 O’Dell Street, Bowmanville be added to the Municipal Register ; 6. That 38 Centre Street, Bowmanville be added to the Municipal Register; 7. That 42 Centre Street, Bowmanville be added to the Municipal Register; 8. That 50 Centre Street, Bowmanville be added to the Municipal Register; 9. That 54 Centre Street, Bowmanville be added to the Municipal Register; and 10. That all interested parties listed in Report PSD-018-20 and any delegations be advised of Council’s decision. Page 56 Municipality of Clarington Page 2 Report PSD-018-20 1. Background Ontario Heritage Act 1.1 Section 27 of the Ontario Heritage Act requires every municipality to maintain a Municipal Register that lists all heritage properties formally designated by by-law. In 2009, Council expanded Clarington’s Municipal Register to include “non-designated” properties. Including a non-designated property on the Municipal Register is a formal indication that a property has cultural heritage value or interest and warrants further evaluation to determine appropriate conservation measures. The decision to include a non-designated property on a Municipal Register rests with a municipal Council upon consultation with its municipal heritage committee. 1.2 Listing a property on the Municipal Register does not provide any legal protection to the property. Only formal designation under Section 29 of the Ontario Heritage Act can do so. The primary benefit of including a non-designated property on the Municipal Register is to provide the Municipality with additional time (up to 60 days) to review a request for a demolition permit, rather than the shorter timelines outlined in the Building Code Act. 1.3 The protection afforded to non-designated properties on the Municipal Register allows time for a more thorough evaluation of the property and time to provide Council with a recommendation on demolition or moving forward with designation of the property. Report Overview The Clarington Heritage Committee and staff are recommending the addition of eight (8) Bowmanville properties to the Municipal Register:  2 Ontario Street  3 Ontario Street  8 Wellington Street  36 O’Dell Street  38 Centre Street  42 Centre Street  50 Centre Street  54 Centre Street The Municipal Register is a listing of the cultural heritage resources in Clarington that warrant historical protection. The addition of these properties to the Municipal Register (i) supports the promotion of Clarington’s local heritage, and (ii) protects the buildings from being demolished without proper evaluation of their cultural heritage significance by a ffording the Municipality additional time (up to 60 days) to review a demolition permit, should such an application be received. Page 57 Municipality of Clarington Page 3 Report PSD-018-20 More specifically, the 60 days allows sufficient time to evaluate the building condition, protection options, mitigation measures, alternate development proposals, etc. and to make a recommendation to Council on the cultural value of a property. 1.4 Adding a property to the Municipal Register also allows the Municipality to request a demolition permit applicant undertake a study or research to demonstrate that the property does not have significant heritage value, or to determine appropriate mitigation measures or alternative recognition options that can be implemented. 1.5 In June 2019 the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Bill 108 amends the Ontario Heritage Act, among numerous other pieces of legislation. Such changes are due to come into force on a day to be named by proclamation of the Lieutenant Governor, which is anticipated to be in early 2021. The upcoming amendments will introduce a more formal process to add non-designated properties to the Municipal Register, including prescribed notice requirements and an opportunity for Council to consider input/objections. As outlined in Section 4 below, these changes align with the Municipality’s current practices. Staff will continue to monitor the status of the Ontario Heritage Act amendments and implement the changes as necessary. Properties on Clarington’s Municipal Register 1.6 There are currently 100 properties on Clarington’s Municipal Register comprised of 77 designated properties, 23 non-designated properties, and 1 Heritage Conservation District (Beech Avenue). 1.7 To date, the majority of non-designated properties that have been added to the Municipal Register have been under threat of demolition. Examples include the buildings at Camp 30 (now designated), properties affected by the 407 extension (now demolished), and properties that are within areas that are identified for intensification and/or redevelopment. Clarington’s Cultural Heritage Resources List 1.8 In accordance with the Clarington Official Plan, the Planning Services Department maintains a Cultural Heritage Resources List (CHRL) with advice and assistance from the Clarington Heritage Committee (CHC). The CHRL is an inventory of properties that the Municipality has identified as having cultural heritage value or interest. Properties on the list are categorized as Primary, Secondary and Heritage Merit. The properties identified on the CHRL are subject to the policies of Section 8 (Celebrating our Cultural Heritage) of the Official Plan. However, the properties are not formally recognized under the Ontario Heritage Act unless they are added to the Municipal Register either as a non-designated property or as a property designated by by-law. 1.9 The Clarington Heritage Committee (CHC) has established building evaluation criteria with the intention of reviewing properties on the Cultural Heritage Resources List to Page 58 Municipality of Clarington Page 4 Report PSD-018-20 determine properties that should be formally recognized under the Ontario Heritage Act. A sub-committee of the CHC reviews properties from the public right-of-way using the evaluation criteria and presents their recommendations for each property to the CHC. 1.10 Between June 2019 and April 2020, the CHC reviewed the following eight properties, currently identified on the CHRL as noted below, and has recommended adding each property to the Municipal Register:  2 Ontario Street (Primary);  3 Ontario Street (Primary);  8 Wellington Street (Primary);  36 O’Dell Street (Secondary);  38 Centre Street (Secondary);  42 Centre Street (Secondary);  50 Centre Street (Secondary); and  54 Centre Street (Heritage Merit). 1.11 The location of each of the properties is identified in Figure 1. A description of each property based upon the CHC’s evaluation can be found in Attachments 1 through 8 of this report. 2. Provincial and Regional Policy Provincial Policy Statement, 2020 2.1 The PPS 2020 provides that economic prosperity should be supported by encouraging a sense of place fostered by well-designed built form, cultural planning and conserving features that help define character. More specifically, the PPS 2020 directs that significant built heritage resources shall be conserved. Provincial Growth Plan, 2019 2.2 The Growth Plan, 2019 directs that cultural heritage resources will be conserved and promoted in order to foster a sense of place for the social, cultural, and economic benefit of communities. Durham Regional Official Plan 2.3 The Regional Official Plan encourages the conservation, protection and/or enhancement of Durham’s built and cultural heritage resources. Page 59 Municipality of Clarington Page 5 Report PSD-018-20 Figure 1: Properties Recommended to be Added to the Municipal Register Page 60 Municipality of Clarington Page 6 Report PSD-018-20 3. Clarington Policy and Regulations 3.1 The Clarington Official Plan provides that when a cultural heritage resource is designated under the Ontario Heritage Act or is recognized on the CHRL, the Municipality shall discourage the demolition or the inappropriate alteration of a cultural heritage resource. Whenever possible, built heritage resources should be retained for the original use and in their original location. Where the original uses cannot be maintained, the adaptive reuse of built heritage resources will be supported. If no other alternative exists for maintaining structures in their original location, consideration may be given to the relocation of the structure. Should a heritage resource be demolished, the dismantling, salvage and reuse of materials is encouraged. 3.2 All eight (8) properties are designated Urban Residential by the Clarington Official Plan, 2018. The primary use of land in the Urban Residential designation shall be for housing purposes, however the designation also provides for other small-scale uses that are supportive of and compatible with residential uses. 3.3 The subject properties are all located within the area that is subject to Interim Control By-law (ICBL) 2018-083. The by-law enabled the Municipality to complete the Bowmanville Neighbourhood Character Study to address concerns regarding redevelopment in established residential areas. The Study resulted in recommendations for amendments to the Clarington Official Plan and Zoning By-law 84-63 to provide for policies and regulations in the subject areas that better reflect neighbourhood character. The proposed Official Plan and Zoning By-law amendments were recommended for Council’s consideration in PSD-015-20. 3.4 The majority of the properties were included in the Heritage Conservation District Background Study in 2005. This Study resulted in the Old Bowmanville (North Ward) Heritage Guidelines, which provide guidance to owners of properties in the study area when considering plans for construction and/or alteration of buildings, structures, and landscaping. 4. Public Notice 4.1 Currently, under the Ontario Heritage Act there is no notification requirement before Council adds a property to the Municipal Register as a non-designated property. However, it has been the Municipality’s practice to notify property owners. As noted above, this practice aligns with the upcoming amendments to the Ontario Heritage Act. 4.2 On May 8, 2020, Planning staff sent a letter to the owners of the eight properties proposed to be added to the Municipal Register. The letter notified property owners that the CHC completed a street-front evaluation of their home and identified it as notable for its architectural and historical attributes. A Resident Information Sheet explaining the Municipal Register, and what having a home on the Registry means was provided Page 61 Municipality of Clarington Page 7 Report PSD-018-20 (Attachment 9). Owners were invited to contact Planning Services staff to discuss the CHC’s evaluation and recommendation. 4.3 On May 22, 2020 a second letter was sent to property owners advising that a staff report would be presented to the Planning and Development Committee recommending the addition of the subject properties to the Municipal Register. 4.4 As of the time of writing this report, no correspondence relating to the proposed addition of the subject properties to the Municipal Register has been received. 5. Concurrence Not Applicable. 6. Conclusion 6.1 Cultural heritage resources contribute significantly to Clarington’s community fabric. Proactively adding properties to the Municipal Register (i) allows the Municipality 60 days to evaluate the property in more detail and explore conservation options prior to the issuance of a demolition permit (ii) recognizes the property’s cultural value or interest, and (iii) illustrates the community’s appreciation for its local culture and heritage. 6.2 Staff and the Clarington Heritage Committee respectfully recommend that the following eight properties in Bowmanville be added to the Municipal Register: 2 Ontario Street, 3 Ontario Street, 8 Wellington Street, 36 O’Dell Street, 38 Centre Street, 42 Centre Street, 50 Centre Street, and 54 Centre Street. Staff Contact: Sarah Allin, Planner II, 905-623-3379 or sallin@clarington.net. Attachments: Attachment 1 – Cultural Heritage Description: 2 Ontario Street Attachment 2 – Cultural Heritage Description: 3 Ontario Street Attachment 3 – Cultural Heritage Description: 8 Wellington Street Attachment 4 – Cultural Heritage Description: 36 O’Dell Street Attachment 5 – Cultural Heritage Description: 38 Centre Street Attachment 6 – Cultural Heritage Description: 42 Centre Street Attachment 7 – Cultural Heritage Description: 50 Centre Street Attachment 8 – Cultural Heritage Description: 54 Centre Street Attachment 9 – Municipal Register Information Sheet Interested Parties: List of Interested Parties available from Department. Page 62 Attachment 1 to Municipality of Clarington Report PSD-018-20 2 Ontario Street 2 Ontario Street is a fine example of a 1 ½ storey Gothic Revival Ontario cottage. The 2-bay dwelling was constructed in 1875 of brick and features a steeply pitched roof and centre gable. Architectural detailing includes decorative droop bargeboard, a finial at the peak of the gable, two-over-two windows and a transom with ½ sidelights surrounding the front door. Also of note are the street signs for Ontario and Wellington Streets that are affixed to the side of the dwelling on the corner lot. The dwelling is in excellent physical condition, occupying the original site on the lot. The exterior appears relatively unaltered with the exception of the replacement of the second storey window, and the likely removal of original chimneys. Page 63 Attachment 2 to Municipality of Clarington Report PSD-018-20 3 Ontario Street (The Orr House) The dwelling, known as ‘the Orr House’, is thought to have been built in approximately 1890 in Italianate style with a practical rectangular floor plan. The dwelling features a mild hipped roof, projecting centre bay, overhanging eaves, and paired cornice brackets typical of the Italianate style. Interesting features of this home also include a flat- headed window style that was more common to an earlier period, and Queen Anne style bargeboard characteristic of a later style. The home is in excellent physical condition, and the exterior appears to have undergone relatively few alterations. Markings on the brick over the front door indicate there may once have been an iron pediment over the door. The second storey window above the door may have originally been the same size as the other second storey windows. James Flett, Henry Orr, David Morrison and Robert Kimball Orr are among those who owned or occupied the home throughout its history. David Morrison was a talented musician and leader of early local bands and orchestras, in addition to working as a writer for Orono News and an historical columnist for the Canadian Statesman. Page 64 Attachment 3 to Municipality of Clarington Report PSD-018-20 8 Wellington Street (Beaconsfield) The dwelling, known as Beaconsfield, was built as early as 1855 and had once been among the most imposing Gothic Revival homes in Bowmanville. The dwelling exhibits a red brick façade laid in string course, a high limestone foundation, voussoir moldings over flat- topped double windows, and distinctive double rows of buff brick. This dwelling is particularly unique as it is one of only two in Bowmanville built in the Gothic Revival style with a recessed entrance between two symmetrical projecting bays with high gables. Other notable features include the decorative lacey bargeboard and twin-stack chimneys. The dwelling has undergone alterations including the addition of an enclosed porch to the original front façade, the introduction of siding in conjunction with the replacement of the front door, and alteration of the chimneys. The dwelling originally fronted onto Liberty Street North, however the lot was severed and a dwelling constructed between the home and the Liberty Street frontage. This dwelling has been associated with a number of notable Bowmanville residents over the course of its history. It is originally thought to have been built for John Grey, and subsequently owned by Thomas Deykes. It was acquired by Hector Beith in Page 65 Attachment 3 to Municipality of Clarington Report PSD-018-20 approximately 1882 and was home to Hectors’ nephew, Dr. Alex Beith, and brother Alexander upon his retirement from farming. Dr. Alex’s daughter Christina and her husband, William McKay, also made their home in the dwelling. In 1920, the property was acquired by John Darch. It was here that Mrs. Darch provided care for British children during World War II, for which she was recognized by the British Monarchy. Page 66 Attachment 4 to Municipality of Clarington Report PSD-018-20 36 O’Dell Street This two-storey dwelling was constructed in the 1890s in a vernacular of the Italianate style with late Victorian influences. The red brick façade is laid in a running bond pattern and is supported by an ashlar cut granite foundation. The dwelling exhibits a mild hipped roof, single-storey frontispiece with overhanging eaves, decorated with single cornice brackets, and bargeboard typical of the Italianate style. The front door has large divided glass panels and a single transom overhead. The windows are characteristic of late Victorian style in their placement, with flat heads, straight lintels, and concrete sills. A substantial rear addition has been added. However, the location and design is sympathetic and therefore does not overwhelm the original dwelling. Page 67 Attachment 5 to Municipality of Clarington Report PSD-018-20 38 Centre Street 38 Centre street is a two-storey brick dwelling constructed in approximately 1865 in the Italianate style. The design of the dwelling includes a mild hipped roof, projecting frontispiece, with generous overhanging eaves with ornate cornice brackets. The home also features buff brick quoining and second storey windows with decorative brick moulding. The front portico is supported by Corinthian columns. The dwelling has undergone alterations including a porch addition to the south side, and glass blocks on the north side. Overall this dwelling is a good example of an Italianate style home and is notable also for its contribution to Centre Street’s streetscape and the historic neighbourhood of Old Bowmanville. Page 68 Attachment 6 to Municipality of Clarington Report PSD-018-20 42 Centre Street This 2-storey red brick dwelling was constructed circa 1885 and displays the rectangular floor plan and mild hipped roof typical of the Italianate style. This home features a less common front entrance, semi-circular second storey windows, and a stacked chimney. The home also contributes to the interest of Centre Street’s streetscape and the fabric of the Old Bowmanville neighbourhood. Alterations appear to include a front porch that has been remodeled from the original design, and an addition to the rear of the dwelling. Page 69 Attachment 7 to Municipality of Clarington Report PSD-018-20 50 Centre Street This dwelling is a fine example of an Italianate style dwelling. Constructed in approximately 1875, the home features two- storey rectangular floor plan with the mild-hipped roof, projecting side frontispiece, and generous overhanging eaves characteristic of homes of this style. Also, of interest are the tall slender semi-circular windows paired over the projecting bay, segmented arched windows, and the ornate cornice brackets. The home rests on a stone foundation and retains its double brick chimneys. The detached garage clad in its original brick is also notable on this property. Overall, the dwelling appears to be relatively unaltered, perhaps with the exception of modifications to what may have been a second storey door over the veranda. 50 Centre Street is known to have been home to John McClung of the McClung Bros. dry goods and hardware business, as well as William B. Couch, a co-owner of Couch, Dolinson and Cryerman, which was a clothing and dry goods business in Bowmanville. Page 70 Attachment 8 to Municipality of Clarington Report PSD-018-20 54 Centre Street 54 Centre Street is identified as one of the first homes in Bowmanville built in the Four Square Transitional style in approximately 1930. This design of this home features the square, boxy style that would have provided for a floor plan that maximized interior space, as many such homes were constructed on smaller urban lots. The dwelling is two-storeys with a red brick facade, a shallow roof, and hood over the doorway. This home is particularly notable for the quality of the construction materials used during the period of the Great Depression. Page 71 Municipal Register of Properties of Cultural Heritage Value or Interest: Resident Info Sheet What is the Municipal Register? The Ontario Heritage Act (OHA) requires the municipality to maintain a formal register of properties that have cultural heritage value or interest. It is a list of properties that Council considers to be important to the community for any of the followin g reasons: •Due to the property’s distinctive architectural or design value •Because the property is associated with an important person, event or activity that is significant to the community’s heritage •The property is historically linked to its surroundings or is a landmark What types of properties are included on the register? The register includes a variety of properties with heritage value, including: • Properties that are designated by by-law under the OHA (either individually or as part of a Conservation District) •Properties that are not designated by by-law under the OHA but Council deems to have cultural heritage value or interest What does it mean if my property is on the Register? Non-designated properties on the register cannot be demolished unless the owners give Council at least 60 days’ notice in writing Listing a property on the register does not provide any legal protection to the properties on it (it must also be designated by by-law in order to have legal protection) Can alterations or additions be done to properties on the register? Yes, for non-designated properties. Any alterations or additions would follow the same process as for any property Can I sell my property without notifying the municipality if it’s listed in the register? Yes How does a property get to be listed on the register? The Clarington Heritage Committee (CHC) researches, evaluates and scores the suitability of a property for inclusion on the register using a standardized assessment template Planning staff, in consultation with the CHC, will forward a recommendation to Council to add suitable properties to the register Council will make decision at a public meeting The property owner will be notified of the meeting and can choose to address Council if desiredPage 72 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: June 8, 2020 Report Number: PSD-019-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: ZBA 2017-0037 By-law Number: Report Subject: Applications by Kaleido Corporation (formerly Landmark-Newcastle Limited) to amend Zoning By-law 84-63 to permit a 15 unit townhouse development at the south-east corner of Mill Street and Robert Street in Newcastle. Recommendations: 1. That Report PSD-019-20 be received; 2. That the application to amend the Zoning By-law submitted by Kaleido Corporation be approved and the Zoning By-law Amendment contained in Attachment 1 to Report PSD-019-20, be passed; 3. That once requirements for removal of the (H) Holding Symbol, as outlined in the policies of the Clarington Official Plan are satisfied, a By-law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; 4. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 019-20 and Council’s decision; and 5. That all interested parties listed in Report PSD-019-20 and any delegations be advised of Council’s decision. Page 73 Municipality of Clarington Page 2 Report PSD-019-20 1. Application Details 1.1 Owner/Applicant: Kaleido Corporation (formerly Landmark-Newcastle Limited) 1.2 Agent: Mike Pettigrew, The Biglieri Group Ltd. 1.3 Proposal: To rezone the lands at 403 and 415 Mill Street South from “Urban Residential Type One (R1) Zone” and “Holding – Urban Residential Type One ((H)R1) Zone” to Holding – Urban Residential Exception ((H)R3-60) that would permit the proposed townhouse development. 1.4 Area: 0.38 hectares (0.95 acres) 1.5 Location: 403 and 415 Mill Street South, Newcastle 1.6 Roll Numbers: 181703011009100 181703011009101 1.7 Within Built Boundary: Yes 2. Background 2.1 The applicants submitted Zoning By-law Amendment and Site Plan applications on October 20, 2017. The applications sought the creation of 22 townhouse dwelling units, 15 fronting onto Mill Street South, accessed at the rear by a private lane, and 7 standar d townhouses fronting onto the private lane. The development is proposed to be a standard condominium and would contain a water metering building located near the entrance to the site along Robert Street East, a community mailbox and 4 visitor parking spaces. 2.2 A statutory public meeting was held on February 20, 2018. Comments received from the public are discussed in Section 7 of this report. After the public meeting several comments were received from agencies. Report Overview This report recommends the approval for a Zoning By-law Amendment application, submitted by Landmark-Newcastle Limited, now known as Kaleido Corporation. The application would permit a 15-unit townhouse standard condominium development with a private lane, water metre building and visitor parking at the south -east corner of Mill Street and Robert Street in Newcastle. Page 74 Municipality of Clarington Page 3 Report PSD-019-20 2.3 Since the public meeting the applicant ha s provided revised concepts and submissions to address agency and public comments received. The current submission proposes 15 townhouse dwellings, 9 fronting onto Mill Street South and 6 townhouse dwellings along the south of the property, all accessed from a private lane. Figure 1: Revised 15 townhouse proposal with a private lane 2.4 The proposed units would be three storeys in height with garage doors facing the private lane. The proposed units are all three bedrooms with a total floor area of approxim ately 1,800 square feet. Page 75 Municipality of Clarington Page 4 Report PSD-019-20 2.5 The applicant has submitted the following studies in support of the applications which are reviewed in Section 8 of this report:  Planning Justification Report;  Traffic Impact Study;  Functional Servicing and Stormwater Management Report;  Noise Impact Study; and  Phase One Environmental Site Assessment. 3. Land Characteristics and Surrounding Land Uses 3.1 The subject lands consist of two parcels, 403 and 415 Mill Street South. 403 Mill Street South has an existing one and a half storey single detached dwelling with accessory buildings in the east side yard. All the buildings would be removed to accommodate the proposed development. 415 Mill Street South is currently vacant. The grade of the existing lands slopes to the south-east and is significantly lower than Mill Street and Robert Street at the south end of the property. Figure 2: Aerial map showing location of subject lands Page 76 Municipality of Clarington Page 5 Report PSD-019-20 3.2 The subject lands are approximately 600 metres south of King Avenue, Newcastle’s Main Street immediately abutting the north side of Highway 401. The surrounding uses are as follows: North – Single Detached Dwellings South – Highway 401 East – Single Detached Dwellings West – Single Detached Dwellings, Funeral Home and an Office Building 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of housing types and development patterns. Planning authorities are encouraged to promote opportunities for intensification and redevelopment in a compact form where it can be accommodated considering the availability of suitable existing infrastructure. The proposal conforms to the Provincial Policy Statement. Growth Plan 4.2 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Newcastle Urban Area. Municipalities are encouraged to create complete communities including offering a mix of housing options. 4.3 The subject lands are within the built-up area and will contribute to the Municipality’s target of achieving a minimum of 32% of all new residential units annually within the built - up area. The proposal conforms to the Provincial Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas. Living Areas permit the development of communities that incorporate the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. Higher densities, through intensification and redeveloping existing areas, particularly along arterial roads is encouraged. Page 77 Municipality of Clarington Page 6 Report PSD-019-20 5.2 The Durham Region Official Plan designates Mill Street South as a Type B Arterial Road. The proposal conforms with the Durham Region Official Plan. Clarington Official Plan 5.3 The Clarington Official Plan designates the subject lands Urban Residential. The Urban Residential designation is predominately intended for housing purposes. A variety of densities, tenure and housing types are encouraged. The lands are within the Built Boundary. The proposal would contribute towards Clarington’s target of 32% of all new residential units being developed within the Built Boundary. 5.4 The subject lands are located at the edge of a neighbourhood adjacent to an arterial road and requires a minimum density of 19 units per hectare. Multiple ground related dwelling types are encouraged in urban areas, including townhouses with a maximum of three storeys, adjacent to arterial roads. 5.5 New development and redevelopment in existing neighbourhoods must be designed to respect and not negatively impact the physical character of the established neighbourhood. 5.6 The Clarington Official Plan designates Mill Street South a Type B Arterial Road. The Official Plan requires a minimum density of 19 units per hectare and permits townhouses of up to three storeys at edges of neighbourhoods adjacent to ar terial roads. The proposed development will have a density of 39 units per hectare. The proposal conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands “Urban Residential Type One (R1) Zone” and “Holding – Urban Residential Type One ((H)R1) Zone”. The R1 zone permits single and semi-detached dwellings. Townhouses are not permitted in the R1 zone. 6.2 A Zoning By-law Amendment is required to zone the subject lands to permit the proposed townhouse development. A site-specific zone that would implement the provisions for the development has been proposed as contained in Attachment 1. A holding symbol has been included in the proposed zoning by-law amendment for the property until Site Plan Approval is granted. Once all the conditions of Site Plan Approval have been fulfilled a by-law will be forwarded to Council to remove the holding symbol. Page 78 Municipality of Clarington Page 7 Report PSD-019-20 7. Public Submissions 7.1 A statutory public meeting was held on February 20, 2018. The concerns raised during the meeting and in correspondence received by staff include the following:  Don’t believe the proposal fits the existing neighbourhood. The unit type (townhouses), height, and impacts on the neighbours;  Concerns that the plan did not provide enough parking on the site for residents and visitors;  The proximity of the entrance of the private lane to the existing intersection at Mill Street South and Robert Street East is too close;  Do not want to see all garbage pickup up at one location at the entrance to the private lane;  Questions regarding the height of the proposed townhouse units;  Concerns regarding how the site will be regraded to facilitate the development proposal;  Concerns with the removal of existing trees on the site or impact on trees on neighbouring properties;  Concerns with lighting, vehicle noise, and traffic from the site. Some residents expressed concerns with traffic at the existing intersection at Robert Street and Mill Street and the existing traffic from Newcastle Public School to the east; and  The existing site is very wet, especially during the spring months, and concern the development may divert water from the subject lands onto neighbouring properties. 7.2 The proposed development introduces a different form of housing, townhouses, from what is currently present in the surrounding neighbourhood. While townhouses are a different building form, the Official Plan encourages a range of ground related housing forms, provided they do not negatively impact existing neighbourhoods. The number of units in the proposed development has been reduced by seven , which is approximately a third of the original proposal as presented at the public meeting. The 15 proposed units are located adjacent to Mill Street and at the south end of the property to provide the largest setbacks possible from the existing dwelling units to the east. The Official Plan encourages neighbourhoods to include many forms of housing choices to provide options to meet all residents needs, including current and future. Page 79 Municipality of Clarington Page 8 Report PSD-019-20 7.3 The Zoning By-law requires that each townhouse dwelling provide 2 parking spaces, one of which can be in a private garage. In addition, 0.25 visitor parking spaces must be provided per unit. The proposed development has provided 30 parking spaces for the townhouse dwelling units and four visitor parking spaces, meeting the requirements of the Zoning By-law. 7.4 The private lane entrance on Robert Street is the location favoured by the road authorities, both the Ministry of Transportation and the Region of Durham . The Ministry of Transportation is the authority for Mill Street, south of the intersection and will not grant permission for an entrance on Mill Street due to the sight lines from the bridge and the proximity to on and off ramps from Highway 401. The Region of Durham is the authority for Mill Street and Robert Street intersection. The entrance is located as far from the intersection that the lands allow for, with an appropriate apron provided. Given these factors the proposed location is the best location for the lands. 7.5 The Region of Durham has confirmed that the proposed private lane meets the requirements for municipal waste pickup. Full waste collection will occur on the private lane in front of each individual unit. 7.6 The grade on the site will be altered, especially at the south end, to accommodate the proposed development. The site is required to be regraded for several reasons including servicing of water, sanitary sewer and stormwater, to allow for a new sidewalk on Mill Street and to create a stronger streetscape. Currently, the subject lands are much lower than Mill Street and the Highway 401 off -ramp (see figure 3). The current grade also slopes to the south, leaving the lands at the south end of the site lower than the grade of Robert Street. In order to provide services, the grading must be brought up to meet Robert Street and Mill Street. 7.7 The townhouses dwellings are proposed to be three storeys in height but will be developed within the 10.5 metre height limitations that apply to the surrounding properties. The grade on the site will be increased as outlined previously to facilitate the development, specifically at the south. The applicants have also attempted to provide a transitioned elevation on the furthest most eas t townhouse unit. This transition will include less windows and lower roof pitches to limit the appearance at the south east end of the property (see Figure 5 in section 11 of this report). The elevations are subject to approval through the site plan approval process. Page 80 Municipality of Clarington Page 9 Report PSD-019-20 Figure 3: Existing grade of subject lands in relation to Highway 401 Off-ramp and Mill Street 7.8 The increase in grade will result in a retaining wall for the proposed development with the existing residential properties on the low side of the wall. Based on preliminary grading information, the retaining wall will be 1.6 metres (just under five and a half feet) tall at the highest point. The applicant has proposed a new chain link fence for the proposed development. For condominium developments Clarington generally requires board on board privacy fencing through site plan. The location of the fencing, on the low side of the retaining wall or on top of the retaining wall, will be reviewed as part of the site plan review. 7.9 The applicants have provided a tree inventory and planting plan in support of the applications. The development will result in the removal of several trees on the subject lands. Staff have identified to the applicant that trees on adjacent properties must be protected during construction and a safety protection plan, including tree protection hoarding, will be required as part of site plan approval. Page 81 Municipality of Clarington Page 10 Report PSD-019-20 7.10 The development will generate an increase in activity, both pedestrian and vehicular, on the property. Any redevelopment on the lands beyond a single detached dwelling will have an impact in this way. The traffic impact study submitted, discussed in Section 8 of this report, concluded the proposed development will not have an adverse impact on the existing local road network. The Ministry of Transportation, Region of Durham and Clarington staff have all reviewed the study and are satisfied with its conclusions. 7.11 The subject land currently receives a portion of the stormwater from Mill Street as well as the stormwater from the site. Currently, the stormwater flows uncontrolled from the north-west portion of the lands to the south-east. There is an existing drop curb on Mill Street that directs stormwater through this property to the ditch at the south end of the property on the Highway 401 right-of-way (see figure 4). The proposed development will regrade the property and provide new stormwater sewers for the current run off from Mill Street. The stormwater will be controlled by on site storage tanks with release over time from the south-west of the property into the ditch in the Highway 401 corridor. This approach is designed to address the existing wetness of the property and prevent the existing situation where the stormwater is sheet flowing onto adjacent properties. Figure 4: Existing stormwater existing Mill Street and proceeding through subject lands Page 82 Municipality of Clarington Page 11 Report PSD-019-20 8. Studies Planning Justification Report 8.1 A Planning Justification Report was submitted in support of the applications. The report concludes that the proposed residential development is consistent with Provincial, Regional and Municipal planning policies. 8.2 The report surmises the development will create a compact form of development that utilizes existing services and will help support future transit services in the community. The report identifies that the proposal will introduce an additional housing form to the neighbourhood without negatively impacting the existing neighbourhood. The report further concludes that vehicular traffic from the development will be minimal on the surrounding neighbourhood given the sites location adjacent to Highway 401 and Mill Street. Functional Servicing and Stormwater Management Report 8.3 A Functional Servicing and Stormwater Management Report was submitted in support of the applications. The report provides the details of how the proposed development can be serviced (water, sanitary and storm) from existing and new infrastructure. 8.4 The development will be serviced from existing water and sanitary services on Robert Street. The stormwater on the subject lands, and a portion of the stormwater from Mill Street, currently sheet flows from the north-west of the property to the south-east and into the ditch along the Highway 401 corridor. As part of the de velopment the stormwater will be captured in new underground storage tanks and upgraded storm sewers installed under the new sidewalk along Mill Street to control the rate of stormwater discharge. This is designed to improve the overall stormwater management from the existing situation. Traffic Impact Study 8.5 A Traffic Impact study was submitted in support of the applications. The report concludes that the proposed development will not cause any operational issues to the existing local and regional roadway network. Noise Impact Study 8.6 A Noise Impact Study was submitted in support of the applications. The report concludes that warning clauses will be required for all units. In addition, all units must be equipped with central air conditioning and upgraded building materials to mitigate the noise and to meet the Ministry of Environment Conservation and Parks noise guidelines. 8.7 The Region of Durham requires that the applicant revise the report prior to finalizing the warning clauses and building material upgrade requirements as they have requested Page 83 Municipality of Clarington Page 12 Report PSD-019-20 clarification on some of the noise source information. The report must be finalized prior to site plan approval with the appropriate clauses included in the site plan agreement and purchase and sale agreements. 8.8 Noise fencing will be required on the south side of the property adjacent to the Highway 401 off-ramp. The applicant’s acoustical engineer is currently completing the final details of the noise fencing design. It is anticipated that a total height of approximately 2.75 metres will be required to mitigate noise to the required levels. The design can include a mixture of berm and fencing to achieve this height. The final details will be required prior to site plan approval. Phase One Environmental Site Assessment 8.9 A Phase One Environmental Site Assessment was submitted in support of the applications. The report concludes that there is no indication of Area’s of Potential Environmental Concerns on the property. The report noted that a designated substances survey should be performed in accordance with Ministry of Labour regulations prior to the demolition of the existing dwelling at 403 Mill Street due to the potential for asbestos, lead paints and other substances. 8.10 The report is required to be revised to be in accordance with the regulations of Ontario Regulation 153/04. Should any concerns be identified in the revised report a Record of Site Condition may be required. The report and any revised conditions should they be required will be addressed through the Site Plan Approval. 9. Agency Comments Durham Region 9.1 Durham Region Planning, and Works and Transportation Departments have no objections to the Zoning By-law Amendment application. The Region has identified items that must be addressed prior to Site Plan Approval. 9.2 The Region is working with the applicant’s acoustical engineer to revise the noise report to identify the final noise fencing detail requirements on the south end of the property. The Region also requires the Phase One Environmental Site Assessment to be updated and completed to meet Ontario Regulation 153/04. Regional Works continues to work with the applicant to finalise the detailed design of the stormwater management for the proposed development, specifically the new storm sewers adjacent to Mill Street. 9.3 The Region has confirmed that the proposed private laneway meets their requirements for municipal waste collection. Page 84 Municipality of Clarington Page 13 Report PSD-019-20 Ganaraska Region Conservation Authority 9.4 Ganaraska Region Conservation Authority have no objections to the Zoning By-law Amendment application. They have identified some concerns with the detailed design of the stormwater management infrastructure. They have requested the applicant provide additional information on the detailed design of the stormwater system. The detailed design concerns must be addressed prior to Site Plan Approval. Ministry of Transportation 9.5 The Ministry of Transportation has no objections to the applications. The Ministry has accepted a reduction in the typical setback along Mill St. as shown on the applicants site plan. The typical setback will be maintained at the south end of the property adjacent to the existing off-ramp. Other Agencies 9.6 Enbridge, Rogers, Elexicon, the Kawartha Pine Ridge District School Board and Canada Post has no objections to the applications subject to site plan conditions. 10. Departmental Comments Engineering Services Department 10.1 The Engineering Services Department has no objections to the approval of the rezoning application. The Engineering Department requires some additional modifications to the stormwater management infrastructure which will be addressed through site plan approval. The Engineering Services Department has reviewed the proposed new sidewalk in front of the units fronting onto Mill Street. The new sidewalk will be required to align with adjacent sidewalks connecting to the Robert and Mills Street intersection and the applicant will be responsible for any upgrades to facilitate those connections. Fire and Emergency Services Department 10.2 The Fire and Emergency Services Department had no objections to the approval of the application. Comments were provided regarding no parking signage for the private laneway and fire hydrants on site. These comments will be implemented through the Site Plan Approval process. Accessibility Committee 10.3 The Accessibility Committee made several recommendations to increase accessibility within the units and throughout the site. Comments included ensuring there is internal pedestrian pathways or sidewalks and a recommendation that the accessible visitor parking space be more centrally located on the site if possible. The Ontario Building Page 85 Municipality of Clarington Page 14 Report PSD-019-20 Code outlines the requirements for the individual units, although builders can exceed minimum requirements to make units more accessible. Operations Department 10.4 The Operations Department has no objection to the approval of the application. Building Division 10.5 The Building Division has no objection to the approval of the application. 11. Discussion 11.1 The applicants have revised the original application and reduced the number of proposed townhouse units from 22 to 15. The existing neighbourhood is predominately single detached dwellings that have developed over many decades. The neighbourhood consists of large lots on Mill Street, some of which were built in the 1800s, and more moderate lots on Beaver and Robert Street that were developed mainly during the mid 1900s. The existing single detached dwellings are a mix of bungalow, one and a half storey and two storey dwellings. There is no definitative character of the existing neighbourhood when looking at building setbacks and lot size. 11.2 The Clarington Official Plan strives to achieve many goals through various policies for residential neighbourhoods including: density targets, providing housing options in building forms, creating sustainable and walkable neighbourhoods, efficiently utilizing services and ensuring new development is compatible and does not negatively impact existing neighbourhoods. The polices must be read as a whole in order to achieve a complete vision for residential areas. 11.3 The proposed development achieves many of the policies of the Clarington Official Plan. The proposal meets the density requirements and contributes to development within the built boundary, introduces a new alternative building form in the neighbourhood that the Official Plan envisions on arterial roads, and efficiently utilizes existing services and would improve the existing stormwater infrastructure. The proposal introduces a higher density and a building form that contributes to a transit supportive neighbourhood. 11.4 The Official Plan also requires new development in established neighbourhoods be designed to respect and reinforce the physical character and have regard for the existing height, setbacks, etc. The goal of the policy is to ensure that new development is generally compatible and can integrate into and coexist with the existing neighbourhood. If repetition of what currently existed within neighbourhoods was all that was permitted then intensification and providing additional housing forms could not be achieved. Page 86 Municipality of Clarington Page 15 Report PSD-019-20 11.5 The proposed development does not replicate the form of the existing neighbourhood but minimizes impacts on adjacent properties in a number of ways. The dwellings are located to frame Mill Street and provide as much setback from the existing surrounding dwellings as possible. The dwellings fronting on Mill Street are approximately 1 4 metres from the property to the east at the closest point. The dwellings at the south have a setback of just over 3 metres. This is located adjacent to the rear yard of the dwellings on Beaver Street which are setback between 12 and 20 metres from the rear property line. These additional measures help minimize the visual impact of the new units on the existing neighbours, specifically to the east where the grade will be increased the most. The eastern most unit has been designed at a lower height with limited windows on the east elevation to better transition between the new development and existing residential. Figure 5: Proposed elevation of south block of townhouses to be finalized through Site Plan approval process 11.6 The access to the private lane is from a local road, Robert Street, and is located as far as possible from the existing intersection at Mill Street. There are major concerns and limitations with access from Mill Street due to the Highway 401 interchange and the elevations and sight lines caused by the bridge over Highway 401. The Ministry of Transportation, the Region of Durham and Clarington Engineering staff have reviewed the Traffic Impact Study submitted with the application. All the agencies are satisfied that the proposed develop will not negatively impact the existing street network and support the location of the entrance. 11.7 Clarington’s amenity space guidelines do not require a formal amenity space for developments under sixteen units, although it is encouraged. The proposed townhouses include nine dual frontage units, fronting onto Mill Street North and the private lane, and six units that front onto the private lane. All the units will have a small amenity deck above the garage to allow space for air conditioner units and use by the residents. The six units that front onto the private lane will also have space at the rear of their units for backyards. Despite not having a formal amenity space there is a significant amount of open space on the site, within th e required Ministry of Transportation setbacks, to allow for unprogrammed amenity opportunities. Newcastle Public School and a municipal park are also less than 100 metres to the east which has Page 87 Municipality of Clarington Page 16 Report PSD-019-20 sports fields and play equipment residents of the new development can take advantage of outside school hours. 11.8 The development on the site would result in new stormwater management to handle the water that is currently sheet flowing from Mill Street to the ditch along Highway 401. This new infrastructure, which includes an underground storage tank on the lands to control the rate stormwater is released, is designed to reduce the amount of water flowing through and standing water on the site and adjacent properties. The new infrastructure will address the erosion occurring in the ditch along Highway 401. 11.9 As identified in Section 6 of this report the zoning would be approved with a holding symbol. Several site plan approval details continue to require additional work. Once those details have been addressed to staff and agency satisfaction a by-law would be brought forward to remove the holding on the zoning. 12. Concurrence Not Applicable. 13. Conclusion 13.1 It is respectfully recommended that in consideration of all agency, staff and resident comments that the application to amend Zoning By-law 84-63 to permit a 15 unit townhouse condominium development with a private lane at the south -east corner of Mill Street and Robert Street in Newcastle be approved as contained in Attachment 1 of this report. Staff Contact: Brandon Weiler, Planner, 905-623-3379 x 2424 or bweiler@clarington.net. Attachments: Attachment 1 – Zoning By-Law Amendment Interested Parties: List of Interested Parties available from Department. Page 88 Attachment 1 to Report PSD-019-20 C:\Program Files\eSCRIBE\TEMP\10251875975\10251875975,,,ZBA2017-0037 Draft Zoning By-law _Final.docx 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 for ZBA2017-0037; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 14.6.60 as follows: “14.6.60 Urban Residential Exception (R3-60) Zone Notwithstanding Sections 3.1.g. iv., 14.1. a., b., 14.4 a., c., g., h., those lands zoned R3-60 on the schedules to this By-law shall only be used for Linked Townhouse Dwellings. a. Dwelling Units (maximum) 15 b. Yard Requirements (minimum) i. Front Yard 3.0 metres ii. Exterior Side Yard 2.5 metres iii. Interior Side Yard 3.0 metres iv. Rear Yard 18.0 metres c. Building Height 10.5 metres Page 89 d. Special Yard Regulations i Steps may project into the required exterior side yard, but in no instance shall the exterior side yard be reduced below 1.2 metres. e. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres f. No parking space shall be located in any front or exterior side yard. g. The maximum number of attached link townhouse units shall be six (6). Link townhouse blocks must be separated by a minimum of 1.2 metres between walls. 2. Schedule ‘5’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Type One (R1) Zone" and “Holding – Urban Residential Type One ((H)R1) Zone” to "Holding - Urban Residential Exception ((H)R3-60) Zone" as illustrated on the attached Schedule ‘A’ hereto. 3. Schedule ‘A’ attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2020 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk Page 90 Page 91 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: June 8, 2020 Report Number: PSD-020-20 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: PLN 23.29 Resolution#: Report Subject: Electric Vehicle Funding Opportunities Recommendation: 1. That Report PSD-020-20 be received for information. Page 92 Municipality of Clarington Page 2 Report PSD-020-20 1. Background 1.1 On March 2, 2020, the Municipality declared a climate emergency, highlighting its commitment to protect the community and ecosystems from climate change by reducing greenhouse gas (GHG) emissions that are causing climate change (Resolution #GG- 083-20). 1.2 As part of its climate emergency declaration, Clarington joined the Federation of Canadian Municipalities (FCM) Partners for Climate Protection (PCP) Program to expedite efforts to reduce GHG emissions that are causing climate change. 1.3 Staff have completed a corporate GHG inventory as Milestone 1 of the PCP Program. The inventory identifies fleet and workplace vehicles as the second highest source of GHG emissions in the municipal corporation. 1.4 On March 2, 2020, Council passed Resolution #C-066-20 which states “That it be policy for all future car and SUV purchases be EVs [electric vehicles] or similar vehicles without tailpipe emissions, where practicable”. 1.5 Currently Clarington is partnered with Trent University to develop a Community EV Strategy. The Community EV Strategy will provide Council with information about community EV uptake and use. It will not include information about corporate EV adoption. 1.6 Several funding opportunities are now available that would support the pursuit of Council’s direction to adopt EVs and plugin hybrid vehicles for Clarington’s fleet, save money on fuel and maintenance, and reduce GHG emissions workplace and fleet vehicles. Report Overview This report is to inform Council of two available funding opportunities: 1) To develop and implement a pilot project to assess the suitability of light-duty electric vehicles (EV) and plugin hybrid vehicles providing municipal services in real-life conditions; and 2) To cover 50% of the costs associated with the purchase and installation of EV charge stations for light duty workplace and fleet electric vehicles and plugin hybrids. Page 93 Municipality of Clarington Page 3 Report PSD-020-20 2. EV Funding Opportunities Federation of Canadian Municipalities Green Municipal Fund 2.1 Funding is available through the FCM Green Municipal Fund (GMF) to develop and implement a pilot project to demonstrate the practicability of utilizing EVs and plugin hybrid vehicles to reduce or avoid fossil fuel use in vehicles used for municipal services. Municipalities are using this funding to pay for 50% of the cost of purchasing EVs and plugin hybrid vehicles for their fleets up to $500,000 based on available funding. 2.2 Based on each department’s purchasing forecast, up to 14 light duty fleet vehicles (cars and vans) will be purchased in the next 5 years. All these vehicles fall within the eligibility criteria for the FCM GMF pilot funding. 2.3 Staff intend to submit a proposal to the FCM GMF to assess the suitability of light duty EVs and plugin hybrid vehicles providing municipal services in real-life conditions in Clarington. 2.4 No funding is being requested from Council at this time. If the FCM GMF funding application is successful, Council will be requested to approve the Municipality’s portion of the pilot initiative. Council maintains the option to opt out of the funding application. Natural Resources Canada’s Zero Emissions infrastructure Program Fleet and workplace Charging 2.5 The Region of Durham is undertaking a second application to Natural Resources Canada’s (NRCAN) Zero Emissions Vehicle Infrastructure Program (ZEVIP), which is intended to fund the purchase and installation of EV stations for workplaces and fleets for light-duty vehicle fleets only. 2.6 Clarington participated in round one of the ZEVIP with the Region, with a proposal to fund 62 public EV stations. Five of the public EV stations were proposed to be located in downtown Bowmanville. Natural Resources Canada has indicated that applicants are not yet permitted to divulge to the public whether their application was successful. 2.7 Round two of the ZEVIP covers up to 50% of the costs associated with the purchase and installation of EV charge stations for workplace and fleet use, up to a maximum of $5,000 per charge point. 2.8 EV charging stations are needed for EV and plugin hybrid vehicles to be a practicable option when purchasing light duty fleet vehicles. Page 94 Municipality of Clarington Page 4 Report PSD-020-20 2.9 Potential sites for EV workplace and fleet stations have been identified based on each department’s purchasing forecast over the next 5 years. Locations include: Fire Station 1, Fire Station 4, the Firehouse Youth Centre, the Animal Services Building and the Clarington Public Library, Orono Branch. 2.10 If successful in the ZEVIP application, staff will report to Council with a proposal for the balance of the financing. 3. Concurrence 3.1 The Interdepartmental Climate Change Working Group endorses applying for these funding opportunities. 3.2 This report has been reviewed by the Directors who have fleet vehicles that could be part of this program - the Municipal Clerk, Fire Chief, Acting Director of Engineering, Acting Director of Operations and Director of Finance - who concur with the submitting applications for funding. 4. Conclusion 4.1 It is respectfully recommended that Council receive this report for information. If successful in either or both of these applications, staff will report back to Council with recommendations on funding for the Municipality's portion of each application. Staff Contact: Doran Hoge, Climate Change Response Coordinator, 905-623-3376 ex.2429 or dhoge@clarington.net Attachments: Not Applicable Page 95 Presentations and Handouts Application By: LCJ Thomas Estates Inc. c/o Sakmet Developments Draft plan of subdivision and rezoning to permit a block of 17 townhouse units at 1668 Nash Road in Courtice Clarington Planning Services Department Public Meeting: June 8, 2020 S-C-2019-0004 & ZBA-2019-0017 Background Draft Site Layout Notice of Public Meeting Comments •Removal of the mature trees •Traffic concerns on Richfield Square, particularly during pick up and drop off times from the nearby school •Parking on Richfield •Safety of pedestrians, particularly students •Negative impacts to quality of life and home value •Dust from grading of the site •Rented units may be unkept Application By: Lifelong Investment Corporation Rezoning to Permit a Three Storey Residential Apartment Building at the Northwest Corner of Nash and Trulls Road in Courtice Clarington Planning Services Department Public Meeting: June 8, 2020 ZBA-2020-0005 Background Draft Site Layout Notice of Public Meeting Comments •Increase in traffic volumes, particularly during school pick up and drop off times •Overall density of the site •Small unit sizes