HomeMy WebLinkAbout10-05-2020
Planning and Development Committee
Agenda
Date:October 5, 2020
Time:7:00 p.m.
Location:Council Members (in Chambers or MS Teams) | Members of the Public (MS
Teams)
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
7.Adoption of Minutes of Previous Meeting
7.1 Minutes of a Special Planning and Development Committee Meeting of
September 28, 2020
5
8.Public Meetings
8.1 Public Meeting for a Proposed Zoning By-law Amendment 11
Applicant: Countrywide Homes Inc.
Location: 2101 Green Road, Bowmanville
Report: PSD-034-20
Link to PowerPoint Presentation
8.2 Public Meeting for a Proposed Zoning By-law Amendment, for a Redlined
Revision to Draft Approved Plan of Subdivision
13
Applicant: Lindvest Properties (Clarington) Limited
Location: North-east corner of Ruddell Road and Grady Drive and south
of the Canadian Pacific Railway
Report: PSD-035-20
Link to PowerPoint Presentation
Planning and Development Committee
October 5, 2020
Page 2
8.3 Public Meeting for a Proposed Zoning By-law Amendment 15
Applicant: DG Group
Location: 2400 Green Road, west side of Green Road, north of Ross
Wright Ave., Bowmanville
Report: PSD-036-20
Link to PowerPoint Presentation (To Be Included with the Agenda
Update)
9.Delegations
No Delegations.
10.Communications – Receive for Information
There are no Communications - Receive for Information Items for Consideration.
11.Communications – Direction
11.1 Correspondence Received from Residents in Objection to the
Recommendations in Report PSD-036-20
17
The following residents submitted Correspondence: Bill and Inge Vanek,
Bill and Cathy Renaud, Alanna Snow, Anna Boimstruck, Brad Irving,
Caitlin Zwicker, Colin Emo, Emma Cachia, Jaymi Fillier, Jeff Dowdling,
Laurie Allum, Michael Zwicker, Sarah Roberts, Elizabeth Zoller
Note: A petition containing 209 signatures from Brookhill residents was
received, in opposition to the addition of stacked townhouses and mid-
rise apartment buildings.
(Motion to refer to the consideration of Report PSD-036-20 A Draft
Approved Plan of Subdivision and Rezoning, West of Green Road and
North of Durham Highway 2, Bowmanville)
12.Presentations
No Presentations.
13.Planning Services Department Reports
13.1 PSD-034-20 An Application by Countrywide Homes Inc. for a Zoning
By-law Amendment to Extend the Maximum Three (3) Year Period for a
Temporary New Home Sales Centre
32
Planning and Development Committee
October 5, 2020
Page 3
13.2 PSD-035-20 Applications for Proposed Red Line Revision to a Draft
Approved Plan of Subdivision and Rezoning for Lands at the North-East
Corner of Grady Drive and Rudell Road, Newcastle
40
13.3 PSD-036-20 A Draft Approved Plan of Subdivision and Rezoning, West
of Green Road and North of Durham Highway 2, in Bowmanville
49
13.4 PSD-037-20 Clarington Transformer Station 59
13.5 PSD-038-20 Part Lot Control Application to Deem Two Blocks in a
Registered Plan of Subdivision to no Longer be Blocks for the Purpose
of Melding them into one Block
68
13.6 PSD-039-20 Responding to the Delegation by Mr. Hugh Allin Regarding
the North Village Secondary Plan
75
14.New Business – Consideration
15.Unfinished Business
15.1 PSD-031-20 An Application by Goldmanco Inc. to Amend Sign By-law
2009-123 to Permit a Monolith Sign Along Highway 2 at the Courtice
Urban Centre Development (Referred from the September 21, 2020
Council Meeting)
Link to Report PSD-031-20
16.Confidential Reports
No Reports for this section of the Agenda.
17.Adjournment
Planning and Development Committee
October 5, 2020
Page 4
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
Special Planning and Development Committee
Minutes
Date:
Time:
Location:
September 28, 2020
7:00 p.m.
Council Members (in Chambers or MS Teams) | Members of
the Public (MS Teams)
Present Were: Councillor G. Anderson, Councillor R. Hooper, Councillor J.
Jones, Councillor M. Zwart
Present Via Electronic
Means:
Mayor A. Foster, Councillor J. Neal, Councillor C. Traill,
Staff Present: Anne Greentree, M. Chambers
Present Via Electronic
Means
A. Allison, F. Langmaid, T. Pinn, K. Richardson
_____________________________________________________________________
1. Call to Order
2. Land Acknowledgement Statement
Councillor Zwart led the meeting in the Land Acknowledgement Statement.
3. Declaration of Interest
There were no disclosures of interest stated at this meeting.
4. Public Meeting(s)
4.1 Public Meeting for an Update to the Brookhill Secondary Plan
Greg Bunker, Planner for the Municipality of Clarington and Stacey McCulloch,
Associate, The Planning Partnership, made a verbal and electronic presentation to
the Committee regarding the Update to Brookhill Secondary Plan. They provided
and overview of the project background, draft Secondary Plan documents and the
next steps for the project. Mr. Bunker answered questions from the Members of
Committee.
Page 5
September 28, 2020
Special Planning and Development
Committee Minutes
2
5.1 Libby Racansky, regarding Brookhill Neighbourhood Secondary Plan Update
Libby Racansky, local resident, was present via electronic means regarding Report
PSD-032-20, Brookhill Neighbourhood Secondary Plan. She made a verbal
presentation to accompany an electronic presentation. Ms. Racansky is concerned
with the increased connectivity to natural areas and creating a walkable
neighbourhood. She is concerned with increased traffic, the addition of major
roads, speeding, crime and endangerment to the wildlife in the area. Ms. Racansky
believes the extension of Nash Road should be considered in the Environmental
Assessment and asked why it is needed in this area as it is not near any amenities
nor does it lead to any major roads. She added that all of the current amenities are
on Highway 2 east and west. Ms. Racansky added that there are many other
existing roads that can be used to go to the both Highway 401 and 407. She stated
that Nash Road is already separating provincially significant wetlands, and it is very
dangerous to the wildlife. Ms. Racansky feels that the developers should be
required to contribute the creation of wildlife passages to cross Nash Road . Ms.
Racansky concluded that by stating that it is important to c reate fewer major roads
and a more walkable and safer community.
5.2 Steve Hennessey, Regarding Brookhill Neighbourhood Secondary Plan
Update
Steve Hennessey, local resident, was present via electronic means regarding
Report PSD-032-20, Brookhill Neighbourhood Secondary Plan. Mr. Hennessey
made a verbal presentation to accompany an electronic presentation. He explained
that he owns two properties within the Secondary Plan area which are proposed to
be deferred. Mr. Hennessey noted that he is on approximately 2.5 acres and would
like to see higher density in this area. He added that this update to the Secondary
Plan has taken approximately 14 years and he is encouraging the Municipality to
finalize and finally approve it. Mr. Hennessey noted that 75% of the landowners on
Linden Lane are in support of higher density. He added that the lots on Linden
Lane are much larger than Luverme Court and Munday Court and therefore is more
suited for high density development. Mr. Hennessey stated that the best routing for
sanitary services will go through Linden Lane to service the Delpark and Goldman
properties. He added that they are currently on a well and is concerned that the
wells in the area will go dry if subdivisions are developed. Mr. Hennessey asked
who would be responsible if this happened. He believes that Linden Lane will be
negatively impacted if Longworth Avenue is shifted to the south. Mr. Hennessey
stated Linden Lane property owners should be given the right to make safety a
priority for traveling to and from their homes. He asked if they stayed in the
deferred area, will a signaled light be installed at Linden Lane. Mr. Hennessey
noted that Linden Lane provides the first opportunity on the east side of
Bowmanville Avenue which will be north of the proposed Go Train Station for
medium or high density housing. He added that this would be a short walk to the
Go Train Station. Mr. Hennessey believes that not allowing for additional medium
and high density housing sends the wrong message to the Province if they are
Page 6
September 28, 2020
Special Planning and Development
Committee Minutes
3
going ahead with the proposed Go Train Station. He concluded by asking if future
consideration could be given to religious holidays when selecting the dates for the
public meetings.
The following consultants were in attendance and available to answer questions
from Members of Committee. No questions were raised.
David Angelakis, R.J. Burnside & Associates, regarding Brookhill Neighbourhood
Secondary Plan Update
Daniel Leeming, The Planning Partnership, regarding Brookhill Neighbourhood
Secondary Plan
Stacey McCulloch, The Planning Partnership, regarding Brookhill Neighbourhood
Secondary Plan
Ron Palmer, The Planning Partnership, regarding Brookhill Neighbourhood
Secondary Plan Update
4.2 Public Meeting for a Proposed COVID-19 Community Improvement Plan
Sarah Allin, Planner for the Municipality of Clarington, made a verbal and electronic
presentation to the Committee regarding the Proposed COVID -19 Community
Improvement Plan.
5.3 Terry Arsenault, Regarding COVID-19 Community Improvement Plan
Prior to the meeting Mr. Arsenault advised the Clerk's Department that he would not
be able to join the meeting for his delegation.
5.4 Sheila Hall, Executive Director, Clarington Board of Trade & Office of
Economic Development, Regarding Proposed COVID-19 Community
Improvement Plan
Sheila Hall, Executive Director, Clarington Board of Trade, was present via
electronic means regarding Report PSD-033-20, Proposed COVID-19 Community
Improvement Plan. Ms. Hall thanked the Members of Committee, for taking the
steps to develop this program and acknowledge the importance of this for the local
business community. She explained that the Clarington Board of Trade is on the
Steering Committee and that this will greatly assist small businesses and offer
assistance. Ms. Hall noted that today the start of the second wave was recognized
and that hopefully this program will assist these business owners to continue to
operate safely and avoid shutting down a second time. She concluded by
explaining that this financial support could provide assistance to make or break a
small business. Ms. Hall answered questions from the Members of Council.
Page 7
September 28, 2020
Special Planning and Development
Committee Minutes
4
6. Communications – Direction
6.1 Mark Rutherford, General Manager, Brimbacombe, Regarding Report
PSD-033-20, Proposed COVID-19 Community Improvement Plan
6.2 Jim McEwen, Regarding Report PSD-032-20, Brookhill Neighbourhood
Secondary Plan
6.3 Paul Tobia, Planner, Weston Consulting, Regarding Report PSD-032-20,
Brookhill Neighbourhood Secondary Plan
6.4 Doug Allingham, Regarding Report PSD-032-20, Brookhill Neighbourhood
Secondary Plan
6.5 Aleisha Macdonald, Owner- Crock A Doodle Bowmanville Studio, regarding
Report PSD-033-20, COVID-19 Proposed Community Improvement Plan
6.6 Mark Jacobs, The Biglieri Group Ltd., regarding Report PSD-032-20, Brookhill
Neighbourhood Secondary Plan
Resolution # PD-117-20
Moved by Mayor Foster
Seconded by Councillor Hooper
That Correspondence Items 6.1 to 6.6, be approved, on consent as follows:
That Correspondence Item 6.1 from Mark Rutherford, General Manager,
Brimacombe, be referred to the consideration of Report PSD-033-20,
Proposed COVID-19 Community Improvement Plan.
That Correspondence Item 6.2 from Jim McEwen, be referred to the
consideration of Report PSD-032-20, Brookhill Neighbourhood Secondary
Plan.
That Correspondence Item 6.3 from Paul Tobia, Planning, Weston Consulting,
be referred to the consideration of Report PSD-032-20, Brookhill
Neighbourhood Secondary Plan.
That Correspondence Item 6.3 from Paul Tobia, Planning, Weston Consulting,
be referred to the consideration of Report PSD-032-20, Brookhill
Neighbourhood Secondary Plan.
That Correspondence Item 6.5 from Aleisha MacDonald, Owner, Crock A
Doodle Bowmanville Studio, be referred to the consideration of Report PSD-
033-20, Proposed COVID-19 Community Improvement Plan.
That Correspondence Item 6.6 from Mark Jacobs, The Biglieri Group Ltd., be
referred to the consideration of Report PSD-032-20, Brookhill Neighbourhood
Secondary Plan.
Carried
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September 28, 2020
Special Planning and Development
Committee Minutes
5
7. Planning Services Department Reports
7.1 Report PSD-032-20 - Brookhill Neighbourhood Secondary Plan
Resolution # PD-118-20
Moved by Councillor Hooper
Seconded by Councillor Jones
That Report PSD-032-20 be received;
That the proposed Draft Brookhill Neighbourhood Secondary P lan Amendment
(COPA 2020-0004) and Sustainable Urban Design Guidelines be received,
continued to be reviewed and processed, and staff report back to Committee with a
Recommendation Report; and
That all interested parties listed in Report PSD-032-20 and any delegations be
advised of Council’s decision.
Carried Later in the Meeting, see following motion
Resolution # PD-119-20
Moved by Councillor Hooper
Seconded by Councillor Jones
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing Resolution PD-118-20 for a second time.
Carried
That the foregoing Resolution #PD-118-20 was then put to a vote and carried.
7.2 PSD-033-20 Proposed COVID-19 Community Improvement Plan
Resolution # PD-120-20
Moved by Councillor Jones
Seconded by Councillor Zwart
That Report PSD-033-20 be received;
That Planning and Development Services staff be directed to refine the Draft
COVID-19 Community Improvement Plan taking into consideration the comments
received to date and at this meeting;
That the Draft COVID-19 Community Improvement Plan be received, and referred
to staff for a recommendation report, including the final COVID -19 Community
Improvement Plan and necessary by-law; and
That all interested parties listed in Report PSD-033-20 and any delegations be
advised of Council’s decision.
Carried as Amended, Later in the Meeting, See following motions
Page 9
September 28, 2020
Special Planning and Development
Committee Minutes
6
Resolution # PD-121-20
Moved by Mayor Foster
Seconded by Councillor Hooper
That the foregoing resolution be amended to add the following after the third
paragraph:
That the recommendation report and by-law be considered at the
October 13, 2020 Council meeting.
Carried Later in the meeting, See following motions
Resolution # PD-122-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing Resolution PD-121-20 for a second time.
Carried
Mayor Foster rose on a point of personal privilege and requested that Councillor
Neal provide him with a transcript with respect to when he roundly criticized
Councillor Neal.
The foregoing Resolution #PD-121-20 was then put to a vote and carried as
amended.
The foregoing Resolution #PD-120-20 was then put to a vote and carried as
amended.
8. Adjournment
Resolution # PD-123-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the meeting adjourn at 9:38 p.m.
Carried
Chair Deputy Clerk
Page 10
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 for a
proposed Plan of Subdivision and an application for a Zoning By-law Amendment.
Proposal
Countrywide Homes Inc. proposes to extend the use of an existing temporary home sales centre
for an additional three years. No changes would occur on site if the application is approved. The
application is deemed complete.
Property
2101 Green Road, Bowmanville
The temporary home sales centre is located at the southeast corner of Green Road and Brookhill
Boulevard.
How to be Informed
Questions? Please contact Toni Rubino 905-623-3379, extension 2431, or by email at
trubino@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. This meeting is live-streamed for public viewing at www.clarington.net/calendar
Date: Monday, October 5, 2020
Time: 7:00 pm
Place: Electronic Teams meeting by way of on-line device or telephone
If you wish to speak at the public meeting, please pre-register and you will be provided with further
instructions.
You can pre-register by completing the online form at www.clarington.net/delegations or contact
the Clerk’s Department at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, October
2nd, 2020 at 3:30 p.m.
If you are unable to participate electronically, please contact the Clerk’s Department and we will
do our utmost to accommodate you.
We encourage you to submit your written comments for Committee’s consideration to Toni
Rubino at trubino@clarington.net or by mail or drop box to 40 Temperance Street, Bowmanville,
ON L1C 3A6 prior to the date of the public meeting
File Number: ZBA 2020- 0014
Page 11
Freedom of Information and Protection of Privacy Act
The personal information you submit will become part of the public record and may be released to the
public. Questions about the information we collect can be directed to the Clerk’s Department at 905-
623-3379, extension 2102.
Accessibility
If you have accessibility needs and require alternate formats of this document or other
accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
Appeal Requirements
If you do not speak at the public meeting or send your comments or concerns to the Municipality of
Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local
Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before
the Local Planning Appeal Tribunal, in the opinion of the Tribunal, there are reasonable grounds to
do so.
Faye Langmaid, FCSLA, RPP
Acting Director of Planning Services
\\netapp5\group\Planning\^Department\Application Files\ZBA-Zoning\2020\ZBA2020-0014 2101 Green Road, Bowmanville\Public Notice\Public Meeting Notice - COVID.docx
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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
Zoning By-law 84-63 to facilitate Red-Line Revisions to a Draft Approved Plan of Subdivision.
Proposal
Lindvest Properties (Clarington) Limited is proposing to make red-line revisions to Phase 4 of a
Draft Approved Plan of Subdivision (18T-89059). The red-line revisions include increasing the lot
frontage of several lots north of Whitehand Drive and reducing the lot frontage of several lots south
of Whitehand Drive. The road network north of Whitehand Drive has also been altered to eliminate
cul-de-sacs. The proposal will result in 6 additional lots within Phase 4. The Zoning By-law
Amendment is to permit the proposed changes to the lots and increase lot coverage from 40% to
45% for 2 storey dwellings and from 45% to 50% for one storey and bungaloft dwellings.
The application has been deemed complete.
Property
North-east corner of Rudell Road and Grady Drive and south of the Canadian Pacific
Railway.
How to be Informed
The proposed amendment, red-line revision and additional information and background studies are
available for review at the Planning Services Department.
Questions? Please contact Brandon Weiler 905-623-3379, extension 2424, or by email at
bweiler@clarington.net
Page 13
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 using
an online device or telephone. The meeting is livestreamed for public viewing at
www.clarington.net/calendar.
Date: Monday, October 5, 2020
Time: 7:00 pm
Place: Electronic Teams meeting by way of on-line device or telephone
If you wish to speak at the public meeting, please pre-register and you will be provided with
further instructions.
You can pre-register by completing the online form at www.clarington.net/delegations or contact
the Clerk’s Department at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, September
25, 2020 at 3:30 p.m.
If you are unable to participate electronically, please contact the Clerk’s Department and we will
do our utmost to accommodate you.
If you wish to provide comments on this application, please submit them to Brandon Weiler.
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.
File Number: ZBA2020-0013 (Cross Reference 18T-89059)
Freedom of Information and Protection of Privacy Act
The personal information you submit will become part of the public record and may be released to the
public. Questions about the information we collect can be directed to the Clerk’s Department at 905-
623-3379, extension 2102.
Accessibility
If you have accessibility needs and require alternate formats of this document or other
accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
Appeal Requirements
If you do not speak at the public meeting or send your comments or concerns to the Municipality of
Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local
Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before
the Local Planning Appeal Tribunal, in the opinion of the Tribunal, there are reasonable grounds to
do so.
Faye Langmaid, FCSLA, RPP
Acting Director of Planning and Development Services
I:\^Department\Application Files\ZBA-Zoning\2020\ZBA2020-0013 22 Grady Drive, Newcastle\Public Notice\ZBA2020-0013 Public Meeting Notice.docx
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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 for a
proposed Plan of Subdivision and an application for a Zoning By-law Amendment.
Proposal
DG Group has submitted an application for Draft Plan of Subdivision and rezoning to permit a
plan of subdivision with a total of 194 residential units consisting of 53 single detached units, 36
townhouse units and two blocks with a total of 105 units, including stacked townhouses and mid-
rise apartment buildings as well as blocks for Environmentally Protected lands. The applications
are deemed complete.
Property
2400 Green Road, west side of Green Road, north of Ross Wright Avenue in Bowmanville.
How to be Informed
For additional information on the proposed Draft Plan of Subdivision and zoning by-law
amendment, and the background studies are available for review on our website at
clarington.net/developmentproposals Questions? Please contact Cynthia Strike 905-623-3379,
extension 2410, or by email at cstrike@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. This meeting is live-streamed for public viewing at www.clarington.net/calendar
Date: Monday, October 5, 2020
Time: 7:00 pm
Place: Electronic Teams meeting by way of on-line device or telephone
If you wish to speak at the public meeting, please pre-register and you will be provided with further
instructions.
Page 15
You can pre-register by completing the online form at www.clarington.net/delegations or contact
the Clerk’s Department at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, October
2nd, 2020 at 3:30 p.m.
If you are unable to participate electronically, please contact the Clerk’s Department and we will
do our utmost to accommodate you.
We encourage you to submit your written comments for Committee’s consideration to Cynthia
Strike at cstrike@clarington.net or by mail or drop box to 40 Temperance Street, Bowmanville,
ON L1C 3A6 prior to the date of the public meeting
File Number: S-C 2020-0001, ZBA 2020- 0006
Freedom of Information and Protection of Privacy Act
The personal information you submit will become part of the public record and may be released to the
public. Questions about the information we collect can be directed to the Clerk’s Department at 905-
623-3379, extension 2102.
Accessibility
If you have accessibility needs and require alternate formats of this document or other
accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
Appeal Requirements
If you do not speak at the public meeting or send your comments or concerns to the Municipality of
Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local
Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before
the Local Planning Appeal Tribunal, in the opinion of the Tribunal, there are reasonable grounds to
do so.
Faye Langmaid, FCSLA, RPP
Acting Director of Planning and Development Services
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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: October 5, 2020 Report Number: PSD-034-20
Submitted By: Faye Langmaid, Acting Director of Planning and Development
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: ZBA2020-0014 By-law Number:
Report Subject: An Application by Countrywide Homes Inc. for a Zoning By-law
Amendment to extend the maximum three (3) year period for a
temporary new home sales centre
Recommendations:
1. That Report PSD-034-20 be received;
2. That provided no significant objections are raised at the Public Meeting, the application to
amend the Zoning By-law submitted by Countrywide Homes Inc. be approved and that
the Zoning By-law contained in Attachment 1 to Report PSD-034-20 be passed;
3. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-034-20 and Council’s
decision; and
4. That all interested parties listed in Report PSD-034-20 and any delegations be advised of
Council’s decision.
Page 32
Municipality of Clarington Page 2
Report PSD-034-20
1. Application Details
1.1 Owner: 1613881 Ontario Inc. (Countrywide Homes at Bowmanville Inc.)
1.2 Applicant: Countrywide Homes Inc.
1.3 Proposal: Amend the Zoning By-law to extend the maximum three (3) year period
for a temporary home sales centre for another three (3) years.
1.4 Area: 4,775.5 square metres
1.5 Location: 2101 Green Road, Bowmanville (southeast corner of Green
Road/Brookhill Boulevard)
1.6 Roll Number: 181701003001730
1.7 Within Built Boundary: No
2. Background
2.1 On October 4, 2010, Council approved a Temporary Use By-law to permit a new home
sales centre on the subject property. In 2014 and in 2018, Council subsequently
approved applications to extend the use of the existing temporary home sales centre.
2.2 On June 23, 2020, Countrywide Homes Inc. submitted an application to extend the use
of an existing temporary new home sales centre related to different phases of
development in the neighbourhood for an additional three (3) years. Should the
application be approved there are no changes proposed to the site in terms of the
driveway, parking area or building.
Report Overview
Countrywide Homes Inc. proposes to extend the use of an existing temporary home sales
centre for different phases of development in the same neighbourhood for an additional
three years. No changes would occur on site if the application is approved.
Page 33
Municipality of Clarington Page 3
Report PSD-034-20
Figure 1: Site Map
3. Land Characteristics and Surrounding Uses
3.1 The surrounding uses are as follows:
North Stormwater Management Pond, single-detached dwellings
South Public Secondary School
East Vacant portion of property and Brookhill Boulevard, and lands for future
residential development
West Single-detached, semi-detached and townhouse dwellings
Page 34
Municipality of Clarington Page 4
Report PSD-034-20
4. Provincial Policy
Provincial Policy Statement and Provincial Growth Plan
4.1 The Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe
address the need to maintain and direct land use to achieve efficient development and
land use patterns. Land use must be carefully managed to accommodate appropriate
development to meet the full range of current and future needs, while achieving efficient
development patterns. The proposed temporary use of a portion of the property will
provide an interim use that supports the future surrounding urban residential
neighbourhood.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the property as “Regional Centre”.
Regional Centres shall be planned and developed as the main concentrations of urban
activities within area municipalities, providing a fully integrated array of community,
office, service and shopping, recreational and residential uses. The proposed temp orary
use supports the future urban residential neighbourhood and conforms to the Durham
Region Official Plan.
Clarington Official Plan and Secondary Plan
5.2 The Clarington Official Plan designates the site as “Urban Centre ”. The property is also
within the Bowmanville West Town Centre Secondary Plan area which designates the
subject site as “Community Facility”.
5.3 Urban Centres shall be developed as the main concentrations of activity in each
community. They shall provide an array of retail and personal servic e, office, residential,
cultural, community, recreational and institutional uses. The proposed temporary sales
office supports the future urban residential neighbourhood and conforms to the
Clarington Official Plan.
5.4 Community Facilities, within the Bowmanville West Town Centre Secondary Plan, shall
include uses such as public recreation facilities, religious institutions, public and private
schools, housing for persons with special needs and municipal facilities.
5.5 Although the proposed use does not conform to the uses outlined for the Community
Facility land use designation, the Clarington Official Plan allows Council to pass
temporary use by-laws to permit the use of lands, buildings or structures, on a
temporary basis, for any purpose provided that:
a) the proposed use is temporary in nature;
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b) the proposed use is compatible with adjacent existing land uses, there is minimal
impact on the Natural Heritage System, or satisfactory measures to mitigate any
adverse impacts will be applied;
c) there will be no adverse impacts on traffic or transportation facilities or services in
the area;
d) adequate access and parking are provided;
e) the use can be removed, and the site can be restored to its original condition;
f) adequate sewage disposal and water services are available in compliance with
provincial and regional standards; and
g) it does not jeopardize the long-term implementation of the Plan.
5.6 The use is consistent with the temporary use policies; it will have no impact on natural
features; generally, has no adverse impact on traffic or transportation facilities; and will
not have an impact on the long term implementation of the Plan.
6. Zoning By-law
6.1 The subject lands are zoned “Agricultural Exception (A-41)” in Zoning By-law 84-63
which permits a temporary sales centre. The Temporary Use By-law will expire on
January 15, 2021. The proposed rezoning would permit the continued use of a
temporary sales centre for an additional three years.
7. Public Notice and Submissions
7.1 Public Notice was given by mail to each landowner within 120 metres of the subject
property and public notice signage was installed on both the Green Road and the
Brookhill Boulevard frontages by September 16, 2020. No inquiries regarding the
subject application were received at the time this report was written.
8. Agency Comments
Regional Municipality of Durham
8.1 The application was circulated to Durham Region Planning and they have no objection
to this application. Their comments indicate that if regrading o ccurs on site at a depth
more than 1.5 metres, a Stage 1-2 Archaeological Assessment is required and that an
updated RSC compliant Phase One ESA is required. The site continues to be used for
different phases of development in the same neighbourhood. As no change is occurring
on site, the conditions are not applicable to this application.
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9. Departmental Comments
9.1 Infrastructure Division of Public Works has no objection to the proposal.
9.2 The Building Division has no comments on the application.
9.3 Emergency and Fire Services has no objection to the proposal.
10. Discussion
10.1 The proposal conforms to the Clarington Official Plan with respect to temporary uses.
10.2 The home sales centre has been used for new home sales for different phases, and
different builders within the Brookhill neighbourhood. The extension of the temporary
home sales centre is required for the continued use of the site for a sales centre beyond
January 2021. The home sales centre exists on site and as such the site will not be
altered.
10.3 The site has operated since October 2010 with no concerns. The property is subject to
a site plan agreement for the existing development.
10.4 There are no objections to the approval of this application from the circulated
departments and agencies.
11. Concurrence
Not Applicable.
12. Conclusion
12.1 Provided there are no objections during the Public Meeting, and in consideration of all
agency, staff and public comments, it is respectfully recommended that the Temporary
Use By-law included in Attachment 1 be approved.
Staff Contact: Toni Rubino, Planner, 905-623-3379 ext. 2431 or trubino@clarington.net
Attachments:
Attachment 1 - Zoning By-law Amendment
The following interested parties will be notified of Council's decision:
Countrywide Homes Inc.
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Attachment 1 to
Report PSD-034-20
C:\Program Files\eSCRIBE\TEMP\1133189297\1133189297,,,Attachment 1 to Report PSD-034-20.docx
Corporation of the Municipality of Clarington
By-law Number 20___-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA2020-0014;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 6.4.41 “SPECIAL EXCEPTIONS – AGRICULTURAL EXCEPTION (A-
41) ZONE” is hereby amended by deleting the following words:
“January 15, 2021”
And replacing them with the following words:
“October 13, 2023”
2. Schedule ‘A’ attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 39 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2020
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
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Page 39
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: October 5, 2020 Report Number: PSD-035-20
Submitted By: Faye Langmaid, Acting Director of Planning and Development
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: ZBA2020-0013 By-law Number:
Report Subject: Applications for proposed Red Line revision to a Draft Approved Plan of
Subdivision and Rezoning for lands at the north-east corner of Grady
Drive and Rudell Road, Newcastle
Recommendations:
1. That Report PSD-035-20 be received;
2. That the proposed Red Line revisions to a Draft Approved Plan of Subdivision and
Zoning By-law Amendment submitted by Lindvest Properties (Clarington) Limited
continue to be processed including the preparation of a subsequent report; and
3. That all interested parties listed in Report PSD-035-20 and any delegations be
advised of Council’s decision.
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1. Application Details
1.1 Owner/Applicant: Lindvest Properties (Clarington) Limited
1.2 Agent: Michael Fry, D.G. Biddle & Associates
1.3 Proposal: Red Line Revision to Draft Approved Subdivision
The Red-Line revisions include increasing the lot frontage of
several lots north of Whitehand Drive and reducing the lot
frontage of several lots south of Whitehand Drive. All lots will
have a minimum of 11.3 metres of frontage. The road pattern
north of Whitehand Drive has also been altered to improve
circulation. The proposal will result in 6 additional lots within
Phase 4, the final phase.
Zoning By-law Amendment
The Zoning By-law Amendment is to permit the proposed
changes to the lot frontages and increase lot coverage from
40% to 45% for 2 storey dwellings and from 45% to 50% for
one storey and bungaloft dwellings.
1.4 Area: 8.1 Ha. (20 acres)
1.5 Location: North-east corner of Grady Drive and Rudell Road, Newcastle
1.6 Roll Number: 181703013015331
1.7 Within Built Boundary: No
Report Overview
The Municipality is seeking the public’s input on applications for Red Line revisions to a Draft
Approved Plan of Subdivision and Zoning By-law Amendment submitted by Lindvest
Properties (Clarington) Limited. The applications would alter the existing lot frontages and
the existing lot pattern, resulting in 6 additional units, alter the road pattern in the north
portion of the site, and increase lot coverage from 40% to 45% for 2 storey dwellings and
from 45% to 50% for one storey and bungaloft dwellings.
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2. Background
2.1 In March 2004, approval was granted for the Foster Creek North Neighbourhood Design
Plan and two draft plans of Subdivision for a total of 540 residential units (18T -89059
and S-C-2000-001). An amendment was approved in October 2006 to increase the
number of units to 665.
2.2 Three phases of the subdivisions have been registered and are fully occupied. The
former school block was draft approved in 2018 and i s now registered. The lands
subject to the current applications are in Phase 4, the last phase. See Figure 1.
Figure 1: Draft Approved Phase 4 of Plan 18T-89059
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Municipality of Clarington Page 4
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2.3 In March 2019, the applicant was granted an extension to Draft Approval for Phase 4 to
2025. The extension was sought due to the Region’s timetable for the design and
construction of the necessary infrastructure to service the dwellings for the final phase of
the subdivision. The earliest opportunity to commence house construction is 2023 .
2.4 In June 2020, the applicant submitted applications for Red-Line revisions to Phase 4 and
a zoning by-law amendment to facilitate the alteration to the lot and street pattern and to
increase lot coverage from 40% to 45% for 2 storey dwellings and from 45% to 50% for
one storey and bungaloft dwellings.
Figure 2: Proposed Red Line Revision to Phase 4
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2.3 The proposed Red Line revisions will alter the existing approved road pattern north of
Whitehand Drive to future Hoad Street and remove 15m single detached lots south of
Whitehand Drive. See Figure 2.
2.4 The applicants have submitted a storm drainage analysis report and updated noise
fencing plan with the rezoning application.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are currently vacant and have been used for construction trailers and
parking for the previous phases of the subdivision and to stockpile excess soils on a
temporary basis. The lands were previously used for agricultural purposes.
Figure 3: Subject lands looking north from the end of Rudell Road.
3.2 The surrounding uses are as follows:
North - Canadian Pacific Rail Corridor and Agricultural lands
South - Single detached dwellings
East - Rickard Neighbourhood Park and single detached dwellings
West - Vacant lands, Foster Northwest Draft Approved Plan of Subdivision
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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, while making efficient use of land and
infrastructure.
4.2 Healthy and active communities should be promoted by planning public streets to be
safe, meet the needs of pedestrians, foster social interaction and facilitate active
transportation and community connectivity. Compact and diverse developments
promote active modes of transportation such as walking and cycling.
Provincial Growth Plan
4.3 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 by promoting a diverse
mix of land uses, a mix of employment and housing types, high quality public open
space and easy access to local stores and services.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands
designated Living Area permit the development of communities incorporating the widest
possible variety of housing types, sizes and tenure to provide living accommodations
that address various socio-economic factors. The proposed development conforms with
the Durham Region Official Plan.
Clarington Official Plan
5.2 The Clarington Official Plan designates the lands as Urban Residential. The subject
lands are within the Foster Neighbourhood. The Urban Residential designation shall
predominantly be used for housing purposes, providing for a variety of densities, tenure
and types. Neighbourhoods are to be walkable, compact, connected and create a high -
quality public realm. The proposed development will integrate into the surrounding
community and be consistent with the neighbourhood identity that surrounds it.
5.3 The proposal conforms to the Clarington Official Plan.
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6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands Holding - Urban Residential Exception
((H)R2-44), Holding - Urban Residential Exception ((H)R2-45), and Holding - Urban
Residential Exception ((H)R1-67). The current zoning was approved when the
subdivision was initially draft approved in 2004.
6.2 A zoning by-law amendment is required to remove the 15 metre frontage single
detached dwellings, south of Whitehand Drive, and to increase the lot coverage for all
dwelling types.
7. Public Notice and Submissions
7.1 Public notice was mailed to each landowner within 120 metres of the subject lands on
September 4, 2020 and Public Meeting signs were installed fronting on Grady Drive and
Whitehand Drive on September 4, 2020.
7.2 Staff has received two inquiries from residents for additional information on the
applications.
8. Agency Comments
Regional Municipality of Durham
8.1 Comments from Durham Region Planning, Works and Transit Departments were not
received at the time of writing this report. The comments will be included in a
subsequent report.
Ganaraska Region Conservation Authority
8.2 Comments from the Ganaraska Region Conservation Authority were not received at the
time of writing this report. They will be included in a subsequent report.
Canadian Pacific Rail
8.3 Canadian Pacific Rail had no comments or concerns with the proposal to alter lot the
existing lot pattern and frontages or with the proposed increase in lot coverage.
Ministry of Transportation
8.4 The Ministry of Transportation had no concerns with the proposal to alter the existing lot
pattern and frontages or with the proposed increase in lot coverage. Only soft
landscaping is permitted within the Ministry’s 14 metre setback from Highway 35/115.
8.5 The required acoustical noise fencing will remain outside of the 14 metre setback as
required.
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9. Departmental Comments
Infrastructure Division of the Public Works Department
9.1 The Infrastructure Division of the Public Works Department has reviewed the proposed
revisions and requires additional analysis on the existing storm system downstream of
this phase of the development. Additional comments will be provided once the
additional information has been received and reviewed by the Infrastructure Division.
Emergency and Fire Services
9.2 The Emergency and Fire Services Department had no objections to the proposed
application.
10. Discussion
10.1 The applicant has proposed Red Line revisions to the final phase of a Draft Approved
Plan of Subdivision, originally approved in 2004. The proposed changes will alter the
road pattern by extending the future Hoad Street across the north part of the phase
which improves circulation and connectivity (Figure 2). The Red Line revisions will also
eliminate the 15-metre single detached dwelling lots south of Whitehand Drive,
replacing them with mainly 11.3 metre frontages for single detached dwellings. The
11.3 metre frontage allows for a dwelling with a two car garage while responding to
current market conditions that have made 15 metre singles less desirable.
10.2 The unopened portion of the right-of-way for Rudell Road currently extends to the south
limits of Highway 35/115. The applicant has shown a block at the north end of Rudell
Road that would be added to future lands directly to the west to create a residential
building lot. Closure of the right-of-way will be required and declaration as surplus to
the Municipality’s needs in order to facilitate future lot creation in this location.
10.3 The original Conditions of Draft Approval included requirements for noise fencing along
the Canadian Pacific Rail corridor. Noise fencing will continue along the rear yards of
the proposed dwellings and connect to the existing noise fencing to the east. Additional
noise fencing is required where lots abut Highway 35/115 to address noise concerns.
The noise fencing will be outside of the Ministry of Transportation’s 14 metre setback
requirements.
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10.4 The applicant has been advised that additional information regarding storm sewer
capacity is required. The additional lot coverage may increase the impervious surface
area of each lot thereby increasing storm water runoff to the storm sewer network. The
information must be satisfactory to the Infrastructure Division of Public Works.
11. Concurrence
Not Applicable.
12. Conclusion
12.1 The purpose of this report is to provide background information on the proposed Red
Line revisions to a Draft Approved Plan of Subdivision and Zoning By-law Amendment
applications submitted by Lindvest Properties (Clarington) Limited for a Public Meeting
under the Planning Act. Staff will continue processing the application including the
preparation of a subsequent report.
Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler@clarington.net
Interested Parties:
List of Interested Parties available from Planning & Development Services Department.
Page 48
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: October 5, 2019 Report Number: PSD-036-20
Submitted By: Faye Langmaid, Acting Director of Planning and Development Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: S-C 2020-0001, ZBA 2020-0006 Resolution#:
Report Subject: A Draft Approved Plan of Subdivision and Rezoning, west of Green
Road north of Durham Highway 2, in Bowmanville
Recommendations:
1. That Report PSD-036-20 be received;
2. That the application by DG Group for a Draft Plan of Subdivision and Rezoning, on the
west side of Green Road, north of Durham Highway 2, Bowmanville continue to be
processed including the preparation of a subsequent report; and
3. That all interested parties listed in Report PSD-036-20 and any delegations be advised
of Council’s decision.
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Municipality of Clarington Page 2
Report PSD-036-20
1. Application Details
1.1 Owner: Players Business Park Ltd.
1.2 Applicant: DG Group
1.4 Proposal: Draft Plan of Subdivision for 194 residential units
consisting of;
53 Single detached units
36 street townhouses
Two blocks with a total of 105 condominium units, in
the form of stacked townhouses and mid-rise
apartments
Zoning By-law Amendment
To rezone the lands from Agricultural (A) to permit the
proposed draft plan of subdivision
1.5 Area: 6.2 hectares
1.6 Location: 2400 Green Road, west side of Green Road,1 kilometre
north of Durham Highway 2, Bowmanville (see Figure 1)
1.7 Roll Number: 18-17-010-020-18435
1.8 Within Built Boundary: No
Report Overview
The Municipality is seeking the public’s input on applications for a Draft Plan of Subdivision
and a Zoning By-law Amendment, submitted by DG Group to permit a total of 194 residential
units consisting of 53 single detached dwellings, 36 townhouse units, and two condominium
blocks with a total of 105 units, in the form of stacked townhouses and mid-rise apartment
buildings and Environmentally Protected lands.
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Municipality of Clarington Page 3
Report PSD-036-20
Figure 1 – Area subject to applications
2. Background
2.1 DG Group (formerly Metrus) submitted applications for a draft plan of subdivision and
rezoning in March 2020. In June 2020, through discussions with staff and the
conservation authority, the environmentally protected lands and buffer, as shown in green
on Figure 1, were added. This changed the alignment of Murray Tabb Street and
reconfigured the condominium block.
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2.2 DG Group developed the lands to the south of the subject lands, as well as the lands to
the east of Green Road. The street pattern in the proposed draft plan has been set as
they are an extension of earlier phases south of Ross Wright Avenue.
2.3 The following reports were submitted in support of the applications and are currently
under review:
Environmental Impact Study
Traffic Brief
Servicing Plan
Parking Plan
Noise Assessment
Functional Servicing Report
Archaeological Report
3. Land Use Characteristics and Surrounding Uses
3.1 The subject lands are currently vacant. A portion is being cultivated and another portion is
used to stockpile topsoil from previous phases.
3.2 The surrounding uses are as follows:
North - Lands for the future extension of Longworth Avenue and beyond woodlands and
wetlands
South - existing residential development
East - existing residential development
West - woodlands and wetlands
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 residential,
employment, recreational and open space uses to meet long term needs. New
development shall occur adjacent to built-up areas, shall have compact form and a mix of
uses and densities that allow for the efficient use of land, infrastructure and public
services.
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Provincial Growth Plan
4.2 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas, such as the Bowmanville. Municipalities are
encouraged to create complete communities that offer a mix of land uses, employment
and housing options, high quality open space, and access to stores and services.
4.3 The development allows for the efficient use of land, infrastructure and public services
and is consistent with the Provincial Policy Statement and the Growth Plan. The
proposed development is part of a neighbourhood where various housing types will be
accommodated as development proceeds. Municipal water and sanitary sewer are
available to the site. Transit will be made available to the site in the future.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands
designated as Living Area permit the development of communities incorporating the
widest possible variety of housing types, sizes and tenure to provide living
accommodations that address various socio-economic factors. The proposed
development conforms with the Living Area designation.
Clarington Official Plan
5.2 The lands are designated Urban Residential. The Urban Residential designation is
predominately intended for housing purposes. Other uses may be permitted which by the
nature of their activity, scale, design and location are supportive of and compatible with
residential uses.
5.3 The policies require new residential development and emerging neighbourhoods to be
designed to provide for a variety of housing types and supportive land uses, including
commercial and community facilities and encourage accessible, walkable
neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses.
Brookhill Secondary Plan
5.4 The lands are designated Low Density Residential and Medium Density Residential in the
Brookhill Secondary Plan.
5.5 The predominant form of housing within the low density designation shall be for single
detached and semi-detached units.
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5.6 Medium Density designation is identified in the south west of the future extension of
Longworth Avenue and Green Road. The minimum net density is 19 units per net
hectare. The predominant built form shall be 1-3 storeys in the form of limited apartments,
townhouses (including stacked townhouses) semi-detached dwellings, and detached
dwellings.
5.7 The draft plan is consistent with the policies of the Secondary Plan, the current update to
the Brookhill Secondary Plan does not affect lands south of Longworth.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone.
6.2 A Zoning By-law Amendment is required to permit the residential development.
7. Public Notice and Submissions
7.1 Public Meeting notice was mailed to area residents, five Public Notice signs were
displayed on the subject property at each frontage. The application and supporting
documents were posted on the municipality’s website. The details of the application were
included in the Planning and Development Services E-update.
7.2 Staff have received numerous inquiries:
One individual supports the application.
One individual inquired about the timing of construction of Longworth Avenue.
One individual, who resides on Ross Wright Avenue inquired about the height of the
units in the condominium blocks, who the builder is, the timing for the extension of
Longworth Avenue and how will construction vehicles and dust be managed.
Another resident, residing on Murray Tabb is concerned about water diversion into
his back yard, the extension of Murray Tabb Street , traffic impacts and construction
traffic.
A petition was received with approximately 200 names from individuals residing in
previous phases of Brookhill. They are opposed to stacked townhouses and mid-
rise apartments that will cause traffic, impact schools, destroy local wildlife, over
crowd the park and potentially lower property values. The residents only want single
detached dwellings.
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8. Agency Comments
Region of Durham
8.1 Region of Durham Planning and Economic Development Department advises that the
draft plan has been reviewed and provided comments regarding Provincial Plan Polices,
Regional Plan Policies, municipal services and transportation.
8.2 The Region states that the lands are designated as Living Area and shall be used
predominantly for housing purposes with the widest variety of housing types, sizes and
tenure.
8.3 Green Road is a Type “B” Arterial Road and Green Road is a Type “C” Arterial Road in
the Regional Official Plan.
8.4 Living Areas shall be developed in a compact form through higher densities and by
intensifying and redeveloping existing areas, particularly along arterial roads, and shall be
developed with consideration for supporting and providing access to public transit.
8.5 The majority of the draft plan is designated Low Density Residential with portions
adjacent to Green Road and the future extension of Longworth Avenue designated
Medium Density in the Brookhill Neighbourhood. The proposed development will add a
mix of housing types and contributed to the Municipality’s intensification targets as
outlined in the Durham Regional Official Plan.
8.6 A scoped Environmental Impact Study concluded that the proposed development will not
have a negative impact on the natural heritage features with the buffers proposed and if
all the mitigation measure and recommendation made by the EIS are implemented.
8.7 The Phase One Environmental Site Assessment (ESA), prepared by EXP. Services Inc.
reported that no further site investigation is required. The proponent will be required to
provide a regional Reliance Letter and Certificate of Insurance to the Region as a
requirement of final approval.
8.8 Archeological Site Assessment was prepared in in 2008 for lands west and east of Green
Road. The Ministry of Tourism, Culture and Sport has issued a clearance letter for the
8.9 Municipal water supply and sanitary sewers is available to service the proposed
development from Murray Tabb Street, Procknow Street, Carl Raby Street and Marsden
Way. Water shall also be extended lonely the north property limit on green Road and
proposed Longworth Avenue west of Green Road.
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8.10 The Region has no objection to the approval of the proposed draft plan of subdivision and
provided conditions to be fulfilled prior to clearance by the Region for the registration of
the plan.
Central Lake Ontario Conservation Authority
8.11 The Central Lake Ontario Conservation does not have any objection to the approval of
the draft plan of subdivision. CLOC approved the recommendations of the EIS and is
satisfied with the Functional Servicing Report. As conditions of draft plan approval, the
authority recommends the Environmentally Protected lands and the buffer be dedicated to
the Municipality.
Kawartha Pine Ridge District School Board
8.12 The Public School Board offered no objection to the draft plan subject to the inclusion of
warning clauses in Agreements of Purchase and Sale for homeowners regarding school
bus pick up points and despite a school site being reserved in adjoining draft plan a (at
the future extension of Longworth Avenue and Clarington Boulevard), school may not be
built for some time, if at all, in which case students from this area ma y have to attend
existing schools.
8.13 The Board requests a pedestrian walkway or dedicated pedestrian use only areas by
widening the street surface with the 18 metre road allowance by 1.5metres along Street A
and B.
9. Departmental Comments
Public Works
9.1 The Infrastructure Division of the Public Works Department has reviewed the plan and
have no objection to this proposal subject to the following comments:
Temporary Turning Circles
9.1.1. The applicant will be responsible for removing the temporary turning circle on
Marsden Way and Murray Tabb Street, and reconstructing to a full urban
standard as required.
Block 59
9.1.2. There is concern with how this block will be serviced with respect to snow
removal maintenance and waste pick up. No turn around for either service
vehicle is provided. The Municipality will not enter onto private property to
remove snow. It is recommended that this block become part of Block 60.
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General Requirements and Conditions
9.2 All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of the
Municipality Development By-Law and all applicable legislation, and to the satisfaction of
the Director of Public Works.
Emergency and Fire Services
9.3 The Emergency and Fire Services Department offer no objections.
10. Discussion
10.1 The lands are situated in the Brookhill Neighbourhood of Bowmanville. The existing
development south of the subject lands are only the first two phases. Other approvals to
the east have been granted but not yet developed. They include open space lands for
trails, a 2 hectare park and a site for a future elementary school, should the either school
board wish the site.
10.2 The site is designated for low and medium residential development in the Regional
Official Plan, Clarington Official Plan and the Brookhill Secondary Plan. The draft plan is
an extension of the existing residential development to the south. The road patter n is
essentially set as Procknow Street and Carl Raby Street will extend north to Longworth
Avenue. Marsden Way will also extend north, then west to intersect with Carl Raby Street
for a short distance.
10.3 The lands at the very west of the site provide a buffer to the environmentally sensitive
lands to the west. This means that the existing lotting pattern on the west side of Murray
Tabb, will not continue north to intersect with Longworth Avenue, but turns east to
intersect with Procknow. Although not ideal, the developer did not wish to construct a
road with services, if residential units could only be built on one side of the road, due to
the cost and it is not efficient from a maintenance perspective.
10.4 The lands for the extension of Longworth Avenue are in ownership of the Municipality of
Clarington. The actual construction of Longworth will coincide with the construction of the
draft plan. A roundabout is proposed at the intersection of Longworth Avenue and Green
Road.
10.5 The existing stormwater management pond situated at Green Road and Brookhill
Boulevard is sized to accommodate the proposed development.
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Municipality of Clarington Page 10
Report PSD-036-20
10.6 Site plan approval is required for the two condominium blocks. The form of development,
whether mid-rise apartments, or stacked townhouses or a combination thereof, the
associated parking, landscaping and private amenity space such as a tot lot will be
included in each site.
11. Conclusion
11.1 The purpose of this report is to provide background information on the proposed Draft
Plan of Subdivision and rezoning submitted by DG Group for the Public Meeting under
the Planning Act. Staff will continue processing the application including the preparation
of a subsequent report.
Staff Contact: Cynthia Strike, Manager of Development Review, 905-623-3379 extension
2410 or cstrike@clarington.net.
Interested Parties:
List of Interested Parties available from Department.
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Staff Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: Planning and Development Committee
Date of Meeting: October 5, 2020 Report Number: PSD-037-20
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution:
File Number: PLN 26.14.1 By-law Number:
Report Subject: Clarington Transformer Station
Recommendations:
1. That Report PSD-037-20 be received; and
2. That all interested parties listed in Report PSD-037-20 and any delegations be advised of
Council’s decision.
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Municipality of Clarington
Report PSD-037-20 Page 2
Report Overview
Council accepted funding from Hydro One to retain a hydrogeologist to peer review the
Surface and Groundwater monitoring program imposed as part of the approval of the
Environmental Assessment by the Minister of Environment and Climate Change now
Environment, Conservation and Parks (MECP). The Municipality’s hydrogeologist is
providing his peer review for the 2019 annual report, results of bore hole drilling for
research purposes and habitat replacement.
1. Background
1.1 Clarington Council and staff have been involved with the Clarington Hydro
Transformer since March of 2012. The Minister of Environment and Climate
Change (at the time) approved the project in January of 2014 despite the
objections/comments of Clarington Council and residents.
1.2 In June 2014, to address ongoing concerns from community members and
residents, Hydro One proposed to Clarington to fund a peer review of their Surface
and Groundwater monitoring program. The peer review consultant, SLR
Consulting (Canada) Ltd. were retained and have been working with the residents,
staff, Hydro One consultants’ and G360 group of scientists since late October,
2014. The contract was to be completed in October 2019, however Council
extended it by a year to allow for the peer review of the final monitoring report
(Attachment 1).
1.3 In September 2014, Council approved a road use agreement contingent on the
drilling of a deep monitoring well. The hydrogeologists agreed that the MW 5-14
site on Hydro One property was the most relevant location for this borehole and
monitoring well. The MW5-14 site already has monitors at 4 metres, 7 metres and
40 metres; the monitor at 52 metres, and a deep borehole monitor at 112 metres
are the result of drilling the deep borehole. This provides multi-level monitoring (or
a nested cluster of boreholes and monitors).
1.4 In April 2015, Council approved funding as a contribution to the rotosonic drilling of
up to $25,000, by resolution #C-136-15 to enable the construction of a multi-level
monitoring device. These funds have been disbursed to CLOCA for the borehole
drilling that happened in July 2019.
1.5 In February 2016, Council approved funding for tritium testing of up to $10,000 by
resolution #C-030-16, as amended in May 2017. To date an interim payment of
$5,000 was provided to G360 for sampling and tritium analysis on private wells
and the interim report received in July 2016. A final report remains outstanding
while awaiting the drill fluid clearing to allow for the chemistry sampling.
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Municipality of Clarington
Report PSD-037-20 Page 3
1.6 In November, 2016 CLOCA entered into agreements with Hydro One which allows
access to the site and deep well for ongoing monitoring under the conditions set
out in the agreement. CLOCA’s Memorandum of Understanding with G360
allowed for the drilling in July 2019 and any scientific work by G360. CLOCA is
host to the Oak Ridges Moraine Groundwater Program, they are the legal entity for
the agreements. The Municipality is not party to the agreements.
1.7 The Clarington Transformer Station became fully connected to the Hydro One Bulk
Electrical network on April 30, 2018. Hydro One reports that the Enfield TS came
into service in May, 2019. Works to complete the on-site constructions, for
example the road works and habitat plantings were completed in 2020.
2. Summary of the Peer Review Findings
2.1 The SLR report reviews the present state of the existing information and purposely
does not address the process by which it was achieved. Their review includes
information from all parties, being Hydro One, Stantec, G360 scientists, Enniskillen
Environmental Association, the Conservation Authority, Clarington, the Ministry of
Environment and Climate Change and the Oak Ridges Moraine Groundwater
Program. SLR staff conducted a habitat ecological site reconnaissance on August
19, 2020, but no hydrogeological inspections were necessary in 2020. No new
well owner complaints were received in the reporting period.
2.2 The Ministry required a ground and surface water monitoring program. No
significant adverse on-site conditions were reported in the 2019 annual monitoring
report. No requests to SLR from residents for interpretation or clarification were
received. The MECP required monitoring period was complete at the end of
2019. Whereas the site groundwater monitoring wells are expected to ultimately be
decommissioned now that the required monitoring program is complete, Hydro
One has agreed to retain the wells up to at least the end of the private well
monitoring program. SLR has suggested they keep the dataloggers in place even
though there will be no sampling, or specific field visits to manually measure water
levels.
3. Research Bore Hole
3.1 The G360 research group were able to install the additional borehole for long-term
monitoring at the MW5-14 site in July of 2019. The researchers are waiting until
the sediment within the well settles and the drilling fluid clears to allow for the
tritium sampling.
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Report PSD-037-20 Page 4
3.2 In 2018 the G360 research group conducted tritium sampling and analysis on local
wells. They have found the presence of tritium (an indicator of age and not a
contaminant) in the shallow wells as anticipated, and also in some but not all of the
deeper wells. Some surficial contaminants like salt and short lived bacteria are
also present at depth. This information points to a likelihood of insecure well
casings. CLOCA, through Dr. Gerber sampled the aquitard wells in the deep well
cluster on site for tritium and found very little. These deep wells are scientifically
constructed to preclude casing leakage.
3.3 The cluster of wells (multi-level) at MW5-14 will allow long-term research to be
carried out by G360 in concert with Dr. Gerber from the Oak Ridges Moraine
Ground Water Monitoring Group.
3.4 The SLR review of the draft G360 report on the deep borehole shows that the very
preliminary results correspond to the existing understanding of the site. It appears
that results of this research will be ongoing for many years and SLR recommends
that Clarington seek updates through CLOCA on a periodic basis.
4. Private Well Monitoring
4.1 Part of the Enniskillen Environmental Association request in June 2019 was that
the monitoring program for private wells continue beyond 2021. Hydro One had
already committed to monitoring the private wells for 2 additional years beyond the
requirements imposed by the Ministry’s approval.
4.2 Hydro One’s response was that while they voluntarily committed to extend the
private well monitoring to participating well owners until 2022, they do not believe
further monitoring is warranted.
4.3 For the private wells monitoring by Hydro One, SLR has been available to answer
questions and review the findings. SLR has not had any calls from residents during
the past 2 years.
4.4 In summary, SLR continues to maintain that the private wells are not at risk from
the Transformer Site.
5. Ecologic
5.1 SLR reports that the vegetation restoration appears to be successful, in that the
objectives as originally stated (and modified) are in the process of being met. This
work will take many more years for the plantings to grow in. SLR respectfully
suggests that Clarington ask to be circulated with the periodic reports that will
ensue. Progress towards mature woodlands and/or swamps take many years.
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Report PSD-037-20 Page 5
6. Concurrence
Not applicable.
7. Conclusion
7.1 The purpose of retaining a peer review consultant was to assist with understanding
the technical information and to have an independent advisor monitor the practices
and methodologies being employed during the construction of the Clarington
Transformer Station. To date, the observations, recommendations and
conclusions by SLR Consulting (Canada) Ltd have required additional work by
Hydro One and their consultants to demonstrate that the conclusions of the
Environmental Assessment and Permit to Take Water were reasonable and
conservative.
7.2 Council and residents were concerned for the safety of private residential wells in
the vicinity of the transformer construction and Farewell Creek. The Clarington
and Enfield Transformers are now complete. Hydro One consultants, Ministry and
peer review consultant have concluded that the transformer construction is not
putting residential wells at risk.
7.3 Hydro One has offered to continue to monitor local private wells that have been
part of the ongoing program until 2022.
7.4 Much has been learned about the hydrogeology of the site over the past few years
providing additional scientific knowledge for the G360 researchers, and the Oak
Ridges Moraine Groundwater Program.
7.5 This is the last annual report by Hydro One. SLR have analyzed the report, cross-
checked numbers and provided their final peer review as information.
Staff Contact: Faye Langmaid, Acting Director of Planning Services, 905-623-3379 ext.
2407 or flangmaid@clarington.net
Attachments:
Attachment 1 – Clarington Transformer Station Peer Review
The following is a list of the interested parties to be notified of Council’s decision:
Denise Jamal, Hydro One
Clint Cole, Enniskillen Environmental Association
Drs. John Cherry and Beth Parker, G360, University of Guelph
Dr. Rick Gerber, Oak Ridge Moraine Groundwater Program
Chris Darling, CLOCA
Steven Usher, SLR Consulting (Canada) Ltd
https://clarington.escribemeetings.com/Reports/Clarington Transformer Final Report.docx
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SLR Consulting (Canada) Ltd.
300 Town Centre Boulevard, Suite 200, Markham, ON L3R
5Z6
www.slrconsulting.com
September 24, 2020
Ms. Faye Langmaid
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L1C 3A6
SLR Project No.: 209.40261.00000
Dear Ms.Langmaid:
RE: CLARINGTON TRANSFORMER STATION - PEER REVIEW SUPPLEMENTARY REPORT
The purpose of this letter is to report on our activities on your behalf and at your direction in the above noted
matter. This report covers the period of October 2019 to August 2020.
In this period things have wrapped up as the transformer station has been in operational mode for several years.
No new issues have arisen, and we provide closure on those that were outstanding. We speak to each of these in
the following paragraphs, and include:
1.Annual Report Review (2019)
2.Deep Well Update
3.Vegetation Restoration Evaluation
Over this reporting period, SLR Consulting (Canada) Ltd. (SLR) have attended Planning and Development Committee
on October 22, 2019. There have been no further Community Liaison Committee meetings mandated since 2017.
The Clarington Transformer station has been on line for several years. The Enfield Transformer Station was put in
service in May of 2019. As the site has been commissioned and is in operation, no further hydrogeological related
site visits have been requested of, nor conducted by SLR in the reporting period. Ms. Leadbeater, our senior
ecologist visited the site on August 19, 2020 to review the progress of the ongoing Hydro One vegetation
restoration.
1.0 ANNUAL REPORT REVIEW
In the spring of 2020, SLR reviewed the 2019 Annual Monitoring Report prepared by Stantec Consulting on behalf of
Hydro One. The report covers the period up to the end of September, 2019. Consistent with recent years we have
found that the monitoring programs were being f ollowed as outlined. The monitoring results continue to reflect our
understanding of the site, in that water levels were not affected by the presence of the transformer construction or
its subsequent operation, and water quality was consistent with before. Similar to last year, this again includes the
presence of bacteria and nitrate in many shallow wells, and also in some deep private wells. These are minor
natural or anthropogenic exceedances of some parameters, which is not uncommon in Southern Ontario.
With respect to groundwater levels, the autumn of 2019 experienced lower water levels, similar in some monitoring
wells to 2016, when some of the local residential wells went dry due to a lack of recharge. Based on the
hydrographs, those same local wells experienced low water levels in 2019. The monitoring report does not address
specific results and simply says water levels are within previously established ranges, which technically is correct.
However, SLR staff contacted Mr. Dalmazzi of Hydro One to enquire if the wells re covered (as they did in 2017 from
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Municipality of Clarington
CLARINGTON TRANSFORMER STATION - PEER REVIEW
SUPPLEMENTARY REPORT
SLR Project No.: 209.40261.00000
September 24, 2020
SLR 2 CONFIDENTIAL
the 2016 event) and he provided a hydrograph that demonstrated that this was the case. This demonstrates how
the site continues to behave as before.
With respect to resident liaison, no outreach from residents to SLR were made in the reporting period. No
further requests from residents to review the reported results on their wells were received by SLR from
Clarington in this final reporting period.
We wish to draw Clarington’s attention to the fact that the required water monitoring programs have all now
ended, and that there will be no further annual reports. Hydro One is expecting to proceed with the
decommissioning of the monitoring wells under Ontario regulation 903, as they identified they would after the
programs were complete. In discussion with Mr. Dalmazzi, SLR pointed out that even though the monitoring
program was done, the wells could be retained (but not monitored) for a period so that they are available at some
point in the future should anything change. In correspondence with this author, Mr. Dalmazzi indicated that they
understood the logic and would retain them at least until the end of the private well monitoring program in 2021.
We wish here to encourage Hydro One to keep the dataloggers running for this period to record water level changes
(and allow those affected by sampling to equilibrate) in that period. We also understand that the MW5 well nest
surrounding deep research hole, currently operated by G360 under Dr. Gerber’s supervision, will be kept and used
by that group.
Please be aware that they had previously extended the monitoring program (water quality and water levels) for the
private wells by two years as a voluntary measure, which will finish at the end of 2021.
2.0 DEEP WELL LOGISTICS
In 2016, Central Lake Ontario Conservation Authority (CLOCA) and Hydro One negotiated an agreement, which
included the ability for the G360 group to drill an additional deep well for the purpose of installation of a multilevel
well system. This system is to be used to study the aquitard, as a research opportunity. Clarington has previously
committed funds to this project and therefore SLR have been called upon to assist staff by providing technical
support.
As previously reported, G360 in collaboration with CLOCA, drilled an 88 m deep borehole at the MW5-14 location and
installed a Multi-Level System (MLS) in July, 2019. An 8-port mutli-level groundwater monitoring installation was
established between depths 50 and 85 m below ground level. The upper, more competent aquitard was not
instrumented due to exhaustion of funding.
G360 issued a draft report in March 2020, but have not to our knowledge finalized it (R. Gerber, personal
communication).
Based on our review of the draft report, the geological findi ngs are consistent with the previous drilling. The
anticipated testing program has not yet been completed. The devices reportedly took about five months to recover
from installation due to the low permeability soils. However, the January and March 2020 readings showed that a
static water pressure has been achieved. Bromide from the drilling fluid continues to persist and sampling of the ports
had understandably not been undertaken as of March 2020. Hydraulic conductivity testing through the system has
not been reported as of this date. The intent of the devices is to provide long term monitoring capability of the
aquitard, and they will be managed for scientific purposes by CLOCA.
We anticipate that G360 will progressively report on their results and future monitoring results at various points in
the future. As stated in last year’s report, it is recommended that the Municipality consider examining those results
to see if they are consistent with the established understanding of the site.
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CLARINGTON TRANSFORMER STATION - PEER REVIEW
SUPPLEMENTARY REPORT
SLR Project No.: 209.40261.00000
September 24, 2020
SLR 3 CONFIDENTIAL
3.0 VEGETATION RESTORATION EVALUATION
SLR provided a memorandum on the results of our review of the vegetation restoration efforts. Its
conclusions are summarized here.
Ontario Hydro has taken an adaptive approach to ecological restoration guided by the CST Habitat Creation and
Enhancement Plan. Adaptation to site conditions (i.e., deviation from the prescribed plan based on early outcomes)
is highly recommended and Hydro One acted appropriately in responding to the recommendations of the
contractor. Such recommendations occurred when site conditions and/or weather did not support the intended
plans such as the unexpected flooding in one section. In another area it was recognized when na tive species were
already colonizing a new area, and alternatively, the inten ded planting material was used elsewhere to achieve
greater gains.
The design of the plan takes advantage of natural regeneration due to proximity of seed sources in the hedgerows
and lowland forest. The creation of pits and mounds was a good approach but may have limited restoration effect
due to their small size. Overall, designation of these lands for protection and the implementation of the restoration
plan has “kick-started” the process. The project is entering a phase where the lands require access control to avoid
damage (such as that observed in Section 3.12 in the north west corner), monitoring for invasive species
concentration and adaptive management if necessary. Succession will follow in time.
The goal of the project has easily been met in terms of the areas that have been designated for habitat within the
CTS Hydro One station across a range of habitat types. Screening plantings have also been installed in additi on to
the original plan. Monitoring was undertaken and the required progress memos submitted. There have been
substitutions and alternative approaches implemented other than what was documented in the Plan, but these have
been in keeping with good adaptive ecological restoration standards.
4.0 IN CONCLUSION
We trust this report adequately covers the activities SLR has performed on Clarington’s behalf. It is our renewed
opinion that there have been no adverse effects of the Transformer Station construction and operation on private
wells for the reasons cited above. The existing groundwater monitoring program is now completed, but the
originally anticipated decommissioning of the groundwater monitors has been delayed at our suggestion. We wish
here to encourage Hydro One to keep the dataloggers running for this period to record water level changes (and
allow those affected by sampling to equilibrate) in that period. Hydro One has voluntarily extended the private well
monitoring program to the end of 2021 for interested residents. No further reports are required of Hydro One by
the MECP.
Further to this, our review of the draft G360 report on the deep borehole shows that the very preliminary results
correspond to the existing understanding of the site. It appears that results of this research will be ongoing for
many years and we recommend that Clarington seek updates through CLOCA on a periodic basis.
The vegetation restoration appears to be successful, in that the objectives as stated (and modified) are in the
process of being met. Progress toward mature woodlands and/or swamps will take many more years. We
respectfully suggest that Clarington ask to be circulated with the periodic reports that will ensue.
The contract between Clarington and SLR originally set Oct 31, 2019 as it’s end date. In 2019, an extension was
given to complete this review of items from Hydro One that were outstanding. This report meets that mandate. SLR
would be most pleased to make ourselves available should any issues arise in future.
Thank you for allowing us to have been of service, please contact the undersigned should you or other reviewers
have any questions.
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Municipality of Clarington
CLARINGTON TRANSFORMER STATION - PEER REVIEW
SUPPLEMENTARY REPORT
SLR Project No.: 209.40261.00000
September 24, 2020
SLR 4 CONFIDENTIAL
Yours sincerely,
SLR Consulting (Canada) Ltd.
Steven Usher, M.Sc., P.Eng., P.Geo., FGS Dale Leadbeater, B.Sc., B.Ed., P.Biol., R.P.Bio.
Principal Hydrogeologist, Principal Ecologist
Project Manager
SJU/DAL:su
Page 67
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: October 5, 2020 Report Number: PSD-038-20
Submitted By: Faye Langmaid, Acting Director of Planning and Development
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: ZBA2020-0017 By-law Number:
Report Subject: Part Lot Control application to deem two blocks in a registered plan of
subdivision to no longer be blocks for the purpose of melding them into
one block.
Recommendations:
1. That Report PSD-038-20 be received;
2. That the application by Baseline Properties Ltd. requesting Council pass a by-law to
deem Blocks 4 and 5 on Plan 10M-831 to no longer be within a registered plan of
subdivision be approved and that the by-law contained in Attachment 1 to Report
PSD-038-20 be passed;
3. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of
Report PSD-038-20 and Council’s decision; and
4. That all interested parties listed in Report PSD-038-20 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 2
Report PSD-038-20
1. Background
1.1 Owner/Applicant: Baseline Properties Ltd. (Hannu Halminen)
1.2 Proposal: To deem Blocks 4 and 5 on Plan 10M-831 to no longer
be within a registered plan of subdivision
1.3 Area: 3.58 hectares (8.86 acres)
1.4 Location: 270 and 290 Lake Road (See Figure 1)
1.5 Roll number: 18-17-020-130-02615
1.6 Within Built Boundary: Yes
2. Background
2.1 An application for Part Lot Control has been received from Baseline Properties Ltd.
requesting that Council pass a by-law to deem Blocks 4 and 5 on Plan 10M-831 to no
longer be within a registered plan of subdivision. The purpose of this request is to merge
the two blocks into a single parcel of land to enable the applicant’s development
proposal. The applicant has previously developed Block 5 (290 Lake Road) with 10
self-storage warehouse buildings and an accessory office building. They are now
proposing to develop an additional seven self -storage warehouse buildings on Block 4
(270 Lake Road). One of the proposed buildings straddles the lot line between the two
blocks, which would not longer meet setback requirements in the zoning by-law. The
approval of the deeming by-law would permit the construction of this building and
improve the overall circulation within the two blocks.
2.2 For ease of understanding Figure 1 below is the existing subdivision plan with Blocks 4
and 5 and Figure 2 would be the existing and proposed development should Council
approve the deeming by-law.
Report Overview
Baseline Properties Ltd. submitted an application for Part Lot Control requesting that Blocks
4 and 5 on Plan 10M-831 no longer to be within a registered plan of subdivision. The
purpose of this request is to merge the two blocks into a single parcel of land to enable the
applicant’s development proposal.
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Report PSD-038-20
Figure 1- Subject lands
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Municipality of Clarington Page 4
Report PSD-038-20
Figure 2 - Existing and proposed development
3. Land Characteristics
3.1 The subject lands are two industrial blocks on the north side of Lake Road abutting
Highway 401. The most easterly parcel, 290 Lake Road is developed with ten self-
storage warehouse buildings and an accessory office building. The westerly parcel, 270
Lake Road, is vacant and ready for the development of an additional seven self -storage
warehouse buildings. One building is proposed to straddle the lot line between the two
parcels.
3.2 The surrounding uses are as follows:
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Municipality of Clarington Page 5
Report PSD-038-20
North – Highway 401
South – Industrial development and vacant land for industrial development
East – Industrial development
West – Vacant land for industrial development industrial development
4. Discussion
4.1 The zoning regulations require that buildings be set back a minimum distance from the
lot lines. The Owner wishes to merge the two blocks as the two blocks are planned to
ultimately function as one development. In order for the abutting blocks within a
registered subdivision to merge, the Municipality may enact a by-law under subsection
50(4) of the Planning Act to deem the blocks or lots to no longer be within a registered
subdivision. Once abutting lots are under the same ownership and are not within a
registered subdivision, they are said to “merge” and can no longer be conveyed
separately.
4.2 Baseline Properties Ltd. has requested the Council enact such a by-law with the result
that Blocks 4 and 5 of 10M-831, municipally known as 270 and 290 Lake Road would
merge. The subject properties and proposed development are shown in Figure 1.
4.3 The purpose of enacting the Deeming By-law is to deem the parcels to not be blocks
(lots) within registered subdivision. This would allow the blocks to be treated as one
single block for site planning purposes (Figure 2). Merging the two lots will facilitate the
development of Phase 2 of Lakeside Storage. Specifically, it will allow the construction
of a building on what is currently the property line between the two parcels. It will also
allow municipal water service to be extended from Phase 1, the existing development,
to the proposed Phase 2 for fire protection purposes. The Region of Durham, the
authority for municipal water and sanitary services requires each lot or block to be
individually serviced by municipal water or sanitary sewer from the road allowance and
does not allow service connections across abutting private properties. Merging the
property will avoid a second connection.
4.4 If further approvals are required under the Planning Act, appropriate applications will
need to be submitted if required. The resulting merged block has a lot area of
approximately 3.58 hectares (8.86 acre) and a lot frontage of 235.97 meters (774 ft).
The lands are currently located within the Light Industrial (M1) Zone in the Zoning By-
law which requires a minimum lot frontage of 30 m (98.4 ft) and minimum lot area of
2000 sq.m. (0.5 acres).
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Report PSD-038-20
4.5 Plan of Subdivision 10M-831 was registered November 7, 1989, and all obligations of
the subdivision agreement have long since been fulfilled. Staff have also confirmed that
the merger of the properties is not expected to have an adverse impact on the assessed
value of the property. The Planning and Development Services Department has no
concerns with the request and recommends Council pass a Deeming By-law for the
parcels located at 270 and 290 Lake Road. The staff recommendation is based on the
specific circumstances of these properties.
4.6 Staff may have a had a different view if, for example, the lots had been within a
residential plan of subdivision. It should be noted that the only way the land may be
divided in the future would be through the Consent application process. If Council
agrees to the request to merge the two abutting lots, and approves a Deeming By-law,
the By-law does not require Public Notice or a Public Meeting prior to the passing of the
By-law, nor is there an appeal period.
5. Concurrence
5.1 This report has been reviewed by the Municipal Solicitor who concurs with the
recommendation.
6. Conclusion
6.1 In consideration of staff review and comments regarding this application, it is
recommended that the application be approved, and the by-law contained in Attachment
1 be adopted.
Staff Contact: Cynthia Strike, Manager, Development Review, 905-623-3379 x 2410 or
cstrike@clarington.net.
Attachments:
Attachment 1 – Deeming By-law
Interested Parties:
The following interested parties will be notified of Council's decision:
Baseline Properties Ltd
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Attachment 1 to Report PSD-038-20
The Corporation of the Municipality of Clarington
By-law Number 2020-______
Being a By-Law to deem Blocks 4 & 5 on Plan 10M-831, Bowmanville, Municipality of
Clarington, no longer to be lots on a Registered Plan of Subdivision
WHEREAS Subsection 50(4) of The Planning Act, R.S.O. 1990, c. P.13, provides that the
council of a municipality may designate a plan of subdivision or part thereof that has been
registered for eight years or more, which shall be deemed not to be a register ed plan of
subdivision for the purpose of conveying land under Subsection 50 of the Act ;
AND WHEREAS Plan 10M-831 in the Municipality of Clarington was registered in the
Office of Land Titles Division of Newcastle, Ontario, more than eight years prior to t he
date of passing of this By-law;
AND WHEREAS Council is satisfied that this by-law is reasonably required for the orderly
development of the property;
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Blocks 4 and Block 5 on Plan 10M-831, Municipality of Clarington, Region of
Durham are deemed to no longer be lots on a registered plan of subdivision .
2. That this By-law shall come into effect on the date it is enacted by the Municipality
of Clarington.
By-law passed in open session this _______ day of _____________, 2020
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk
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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: October 5, 2020 Report Number: PSD-039-20
Submitted By: Faye Langmaid, Acting Director of Planning and Development
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: PLN 41.14 Resolution#:
Report Subject: Responding to the delegation by Mr. Hugh Allin regarding the North
Village Secondary Plan
Recommendation:
1. That Report PSD-039-20 be received for information.
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Municipality of Clarington Page 2
Report PSD-039-20
1. Background
1.1 Mr. Hugh Allin appeared as a delegation to the Planning and Development Committee
on May 19, 2020. He spoke about the perceived land use conflicts between his former
livestock farm and the development proposed for the North Newcastle Secondary Plan.
Although Mr. Allin’s livestock barns at 3574 Concession Road 3 are currently empty he
is concerned about restarting his hog operation due to potential conflicts with future
homeowners. Mr. Allin noted that previously moving the urban boundary of Ne wcastle
to Concession Road 3 ignored the Provincial standards intended for the protection of
agriculture.
1.2 The Planning and Development Committee referred Mr. Allin’s concerns for a report by
staff in Resolution # PD-058-20:
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.
2. History of the Urban Boundary Expansion
2.1 Until the creation of the Clarington Official Plan in 1996, long range planning for lands in
Newcastle were outlined in the Durham Regional Official Plan.
2.2 As part of the Region’s Official Plan Review process in 1991 the urban boundary of
Newcastle was proposed to be expanded north from the CPR tracks to Concession
Road 3. At the time, the northern part of that expansion was deferred (Deferral D5 –
See Figure 1) at the request of the Province. Two reasons were given for the deferral:
To maintain the Minimum Distance Separation between the proposed residential
lands (designated “Living Areas”) and an existing farm operation to the north (Mr.
Allin’s hog farm, at the time); and
Report Overview
This report outlines the process that led to the urban boundary expansion in north Newcastle
in 1996. The potential implications for farm operations in the area will be investigated and
addressed through an Agricultural Impact Assessment as part of the No rth Village
Secondary Plan project which is current underway.
Land use policy must balance the preservation of existing farm operations with the needs of
growth. This interface is most acutely realized at the urban / rural boundary of our
communities.
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Figure 1: Deferral D5 in the Durham Regional Official Plan
To await justification for expanding the Newcastle Urban Boundary.
2.3 The rest of the Region’s Official Plan was approved by the Ministry of Municipal Affairs
and Housing (MMAH) in 1993.
2.4 Following the approval of the Durham Regional Official Plan, Clarington began the
process to create their first Official Plan. As part of the background studies done for the
Clarington Official Plan, a land budget analysis was completed that forecasted future
growth and identified how much land would be needed to accommodate growth. Based
on the analysis, it was determined that the lands in north Newcastle (covered by
Deferral D5) would be required as residential land to accommodate future growth.
2.5 The remaining concern was how to address the Minimum Distance Separation (the
setback between residential lands and farm operations). It was determined by MMAH,
the Region of Durham and Clarington that the Clarington Official Plan would contain a
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policy to constrain development at the northeast end of the expanded Newcastle urban
area. This policy constraint was intended to create an “area of influence” from the
ongoing farm operations at the Allin hog farm on the future residential lands.
2.6 As a result of this consensus, the new Clarington Official Plan designated the lands
south of Concession Road 3 as “Urban Residential” with the exception of an area of
influence extending outward from the Allin hog farm, which was designated “Future
Urban Residential” and identified as “Special Policy Area H” now G. The effect of this
policy was to prevent the impacted lands from being developed until the hog farm
ceased operation in the future (See Figure 2).
Figure 2: Special Policy Area H within the Clarington Official Plan
2.7 Having satisfied the concerns related to Deferral D5, MMAH lifted the deferral to the
Durham Region Official Plan and approved the expansion of the Newcastle Urban Area
boundary to Concession Road 3 with the inclusion of the Future Urban Residential
designation and Special Policy Area H, as discussed above.
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3. Agricultural Code of Practice and Minimum Distance
Separation
3.1 The concept of controlling the separation of livestock barns from other potentially
incompatible land uses originated in Ontario in 1970. At the time that the Newcastle
urban boundary expansion was being considered, the Ministry of Agriculture, Food and
Rural Affairs (OMAFRA) was transitioning from the Agricultural Code of Practice to
revised documents titled Minimum Distance Separation (MDS I and MDS II). MDS I is
the document that became applicable in the case of the Newcastle boundary expansion
to Concession Road 3.
3.2 The Agricultural Code of Practice discouraged residential development near farms .
MDS I did not require a separation distance from existing livestock barns to new
dwellings located inside an approved urban area, however it was applicable to the
expansion of urban areas. The Agricultural Code of Practice and MDS I Guidelines
enabled Mr. Allin to operate a hog farm on his property using his existing facilities. To
satisfy the requirements of MDS I the Future Urban Residential Designation and Special
Policy Area H were put in place for the expanded Newcastle Urban Boundary to
Concession Road 3. As a result, the tool for regulating the protection of existing
agricultural operations shifted from MDS to Official Plan land use policy. The
application of MDS remained applicable to properties outside of the urban boundary.
4. Clarington Official Plan Review Process
4.1 In 2007, Clarington began the Official Plan Review process to update the Clarington
Official Plan originally approved in 1996. During the Clarington Official Plan Review, the
Region of Durham approved Regional Official Plan Amendment 128 (ROPA 128).
ROPA 128 was required for the Region of Durham to conform with the Provincial
Growth Plan and the Greenbelt Plan. The changes made by ROPA 128 were intended
to accommodate the population and employment forecasts mandated by the Growth
Plan, meet density targets, and address urban land needs. This exercise and the
population forecasts for the Newcastle urban area supported the need for the lands in
north Newcastle for future growth.
4.2 During the Official Plan Review, Special Policy Area H (renamed Special Policy Area G
due to the removal of another Special Policy Area ) was re-evaluated to determine its
relevance. Staff observed that Mr. Allin’s hog farm was not in operation. It remained a
priority of the Official Plan Review to support the farming community by requiring
mitigation between urban and rural interfaces on the urban side of the boundary.
Residential development into new areas of the community would be preceded by
detailed Secondary Plans. As a result, one of the background studies required for new
Secondary Plans that border on rural areas is an Agricultural Impact Assessment (AIA).
Therefore, although the Special Policy Area was deleted from the Official Plan through
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Amendment 107 the intended protection remains within the Secondary Plan review
process.
23.3.9. Secondary Plans shall implement the policies of this Plan and the Durham
Regional Official Plan policies for Secondary Plans, in particular:
h) The measures to mitigate the potential conflicts between the development and
existing agricultural uses;
23.3.10 The following background studies and analyses are generally required in
support of new Secondary Plans:
h) An assessment of potential impact on adjacent agricultural operations and
recommendations for mitigation;
4.3 The AIA prepared for a Secondary Plan will identify any agricultural / urban activities
that may result in future conflicts and provide potential solutions.
4.4 Through OPA 107 in 2017, Special Policy Area G and the “Future Urban Residential”
designations were removed from the lands in north Newcastle. This had a two-fold
effect:
a. It confirmed the need for the lands to be developed to meet 2031 population
projections; and
b. Deferred responsibility for reviewing and mitigating impacts on surrounding
agricultural operations to the Secondary Planning process. This decision was
supported by Clarington Council through the adoption of OPA 107 and Durham
Region with their approval of OPA 107.
5. North Village Secondary Plan Process
5.1 Planning for the North Village Secondary Plan (North Village) will be in conformity with
Provincial policies. Part of the planning for North Village includes an Agricultural Impact
Assessment (AIA) that will review and recommend mitigation measures to reduce
potential conflicts between urban and rural land uses. This includes all agricultural
operations within the area.
5.2 The North Newcastle Village Secondary Plan was initiated by a Public Meeting on April
1, 2019. The first Public Information Centre was held on November 21, 2019, which
was an open house to introduce the project to the public and begin generating
feedback.
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5.3 Work is underway on Phase One of the background studies for the Secondary Plan
including technical reports and an illustrated analysis of opportunities and constraints.
5.4 Included in the background technical reports is an Agricultural Impact Assessment
(AIA). The intent of this report is to:
Determine any potential adverse physical and operational impacts of the proposed
uses described in the Secondary Plan;
An assessment of potential alternatives to land use configurations that
avoid/mitigate impacts to OP designated agricultural areas; and
Recommendations for mitigation/avoidance measures that are to be incorporated
within the Secondary Plan.
5.5 The initial AIA will contain a review of agricultural land uses surrounding the project
area, and applicable planning policies and regulations. The AIA report will continue to
be updated throughout the course of the Secondary Plan to respond to the specific land
use plans as they are developed. The AIA will not be finalized until late in the
Secondary Plan process. In addition to the broad scope the AIA will provide, it will also
include a specific analysis of the concerns raised by Mr. Allin. These concerns include:
What is needed for either the current or future owner to operate this farm as a hog
operation again in the future?
What are the potential impacts from the approval of the North Village Secondary
Plan on the future viability of a hog operation on the subject lands?
5.6 The North Village Secondary Plan process will include several events to actively seek
public input. These events include:
Initial Public Meeting – Authorize to commence project – Completed
Public Information Centre #1 – Introduce the project and goals – Completed
Public Information Centre #2 – Present technical background reports – Fall 2020
Public Information Centre #3 – Present alternative land use plans – TBD
Open House – Present preferred land use plan
Statutory Public Meeting – Present draft Secondary Plan
5.7 The North Village Secondary Plan review is expected to take two years to complete.
During the process there will be multiple opportunities for the public to provide feedback
and comments. At the conclusion of the review, a recommended plan will be presented
to Clarington Council. The Secondary Plan when adopted by Council will then be
forwarded to the Region of Durham for final approval.
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6. Summary
6.1 The expansion of the urban boundary of Newcastle to Concession Road 3 was
approved based on a land needs assessment and the creation of policies in the
Clarington Official Plan that would continue to protect existing farm operations. The
land use policy changes introduced by the updated Clarington Official Plan, including
the removal of the Special Policy Area G, did not have a direct impact on Mr. Allin’s
ability to continue to operate a hog operation from his existing barns.
6.2 As part of the review of the North Village Secondary Plan an Agricultural Impact
Assessment will be prepared to evaluate potential conflicts between urban and rural
land uses. As the Secondary Plan progresses, additional information on potential
mitigation measures will be identified.
6.3 Mr. Allin has acknowledged that he voluntarily depopulated his hog stock. As a result,
the property at 3574 Concession Road 3 has not been used as a hog farm for quite
some time. However, Mr. Allin or a subsequent owner, currently maintain the ability to
restart a hog operation if they wish to do so. However, it must be noted that future
expansion of livestock operations on the subject lands must comply with all applicable
policies and regulations (e.g. MDS).
6.4 Mr. Allin may continue to use his property under the permissions provided by the Zoning
By-law. His property is zoned, in part, “Agricultural (A)” which permits farm operations
including the keeping of livestock. Any renovations or expansions to the existing
livestock facilities will be subject to the relevant Provincial policies, Ontario Building
Code, Zoning requirements and respective industry standards (i.e. Ontario Pork).
7. Concurrence
7.1 Not Applicable.
8. Conclusion
8.1 It is respectfully recommended that this report be received for information.
Staff Contact: Paul Wirch, Senior Planner, 905-623-3379 ext. 2418 or pwirch@clarington.net.
Interested Parties:
The following interested parties will be notified of Council's decision:
Hugh Allin
Corrine Turansky
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Presentations
and
Handouts
Application By:
Countrywide Homes Inc.
An application to amend the Zoning By-law to extend the use of an existing temporary home sales centre for an additional three years.
Public Meeting: October 5, 2020
Clarington Planning Services Department
Existing Sales Centre
Application By: Lindvest Properties
(Clarington) Limited
Lindvest Properties (Clarington) Limited has submitted applications for Red Line Revision to a Draft Approved Plan of Subdivision and Rezoning for lands at the North-east corner of Grady Drive and Rudell Road, Newcastle
Public Meeting: October 5, 2020
Clarington Planning Services Department
Application By: DG Group
Application of Draft Pan of Subdivision and Rezoning for 194
residential units consisting of 53 single detached units. 36
townhouse units and two blocks for 105 residential units
Public Meeting: October 5, 2020
Clarington Planning Services Department
Brookhill Secondary Plan Area
Proposed Draft Plan
Agency Comments
No objection from:
•Region of Durham Planning and Economic Development
Department
•Region of Durham Works Department
•Central Lake Ontario Conservation Authority
•Clarington Infrastructure Division
•Public School Board
Comments from the Public
•No townhouses or apartments
•Harvey Jones Park is overcrowded
•Traffic impacts through the existing neighbourhood
•Schools are overcrowded
•Negative impacts on the natural environment
•Drainage