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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: November 16, 2020 Report Number: PSD-051-20
Submitted By: Faye Langmaid, Acting Director of Planning and Development Services
Reviewed By: Andrew C. Allison, CAO Resolution#: PD-183-20, C-492-20
File Number: COPA2018-0003, PLN34.5.2.64 By-law Number:
Report Subject: Update on Jury Lands (Camp 30) and Draft Amendment No 121 to the
Clarington Official Plan
Recommendation:
1. That Report PSD-051-20 be received;
2. That the Community Vision for Jury Lands, Urban Design Master Plan + Design
Guidelines for former Ontario Boys Training School and WWII Prison of War Camp
30 by DTAH dated April 2019 be accepted;
3. That Official Plan Amendment 121 and the Block Master Plan implement the
Community Vision by DTAH;
4. That Official Plan Amendment 121 prohibit private residential development buildings
within the ring road of the Jury Lands;
5. That the consulting team for Soper Hills Secondary Plan be retained to assist with
refining draft Official Plan Amendment No 121;
6. That Staff continue to work with the land owners on other issues to be brought
forward a subsequent report; and
7. That all interested parties listed in Report PSD-051-20 and any delegations be
advised of Council's decision.
Municipality of Clarington
Addendum Report PSD-051-20
Report Overview
Page 2
The Jury Lands are the lands bounded by Lambs Road, the CPR tracks, Soper Creek and
Concession Street East. The central portion of the property has significant cultural and
historic value to the residents of Clarington, the Province of Ontario and the Country of
Canada.
The Special Policy Area F: Urban Design Master Plan + Design Guidelines and draft Official
Plan Amendment No 121 (Report PSD-041-19) was presented to Council in September
2019, at which time Council tabled the Official Plan Amendment (OPA) allowing for further
discussion. In June 2020 Council lifted from the table the draft OPA to allow the developer
and staff the ability to address new elements such as assisted care and affordable housing
proposed by the developer. Staff have continued discussions with the developer, exploring
affordable housing policies and other issues.
This report seeks acceptance of the community vision by DTAH from April 2019.
Acceptance of the community vision would restrict development from the interior of the ring
road area ensuring the area becomes municipal parkland available to all residents and the
heritage character of the site is conserved and strengthened.
1. Background
1.1. The purpose of this report is to have a decision made on whether the private new
residential buildings as proposed by the land owner inside the ring road is acceptable
within a municipal -wide park and heritage site setting.
1.2. The Jury Lands is made up of two parcels: 42.62 ha (105 acre) parcel owned by Lambs
Road School Property Ltd. (Kaitlin/Fandor) and the northern 5.42 (13.4 acre) owned by
FarSight Investments Ltd. The ownership is outlined in Figure 1.
1.3. The Boys Training School/Camp 30 site was designated a National Historic Site by the
Historic Sites and Monuments Board of Canada in April 2013. Council designated the
site under the Ontario Heritage Act at the local level in January of 2018.
1.4. Report PSD-041-19 recommended approval of the draft Official Plan Amendment No.
121; however, the owners asked Council to consider additional densities and built
forms. Council tabled the report allowing for more discussion.
1.5. In May 2020 Lambs Road School Property Ltd (LRSP) submitted a privately initiated
Official Plan Amendment which staff determined to be incomplete.
1.6. Council passed the following resolution at the June 29, 2020 Planning and Development
Committee meeting:
Municipality of Clarington
Report PSD-051-20
Page 3
"That Report PSD-041-19, Community Vision for Jury Lands, Urban Design Master
Plan & Design Guidelines for Former Ontario Boys Training School and WWII Prison
of War Camp 30 — Amendment No. 121 to the Clarington Official Plan, be referred
back to Staff for inclusion on the October 5, 2020 Planning and Development
Committee meeting;
That Council request of Kaitlin Corporation to withdraw their Official Plan
Amendment (OPA);
That Staff engage with Kaitlin Corporation to consider mediation between Kaitlin and
the Municipality of Clarington; and
That Staff engage with Kaitlin Corporation to consider hiring a 3rd party land use
planning expert to address, amongst other things, densities, definitions of
affordability and details surrounding the "memory care" units."
1.7. LRSP/Kaitlin have not withdrawn their Official Plan Amendment, rather a pre -
consultation meeting was held in July 2020. The concept plan includes development
within the ring road.
1.8. A submission by FarSight Investments, the northern most property owner, has also
been the subject of a pre -consultation in September. They are committed to complying
with the structure policies, built forms and densities of the Official Plan.
1.9. Staff engaged with representatives of Kaitlin on a discussion regarding mediation;
however, both parties acknowledged that unless there was direction from Council on
what was to be mediated it was unclear how to proceed. Specifically, Staff are bound
by the Official Plan with its defined urban structure.
1.10. Staff and LRSP/Kaitlin have continued discussions on the definition of "affordable",
"assisted -care" or "memory care" and what the LRSP specific requests and uses could
mean in relationship to the densities and built forms. LRSP's consultant has provided
additional policy suggestions regarding affordable housing which staff are reviewing.
1.11. LRSP/Kaitlin provided a terms of reference for a 3rd party land use planning expert;
however, the terms of reference did not provide the land use planning expert with
latitude to make suggestions, rather it required them to select between the two
competing Official Plan amendments. Staff did not see this as a workable solution.
1.12. To move forward staff have approached the planning consultants already under contract
with the Municipality for the Soper Hills Secondary Plan (the area to the east of Lamb's
Road). This consulting team (SGL Planning and Design and ASI) are familiar with the
area, the Official Plan, the immediate context and other future development that Special
Policy Area F will fit into. The consulting team has begun reviewing the draft OPA 121
and are willing to advise and assist in finding a resolution, that addresses the Official
Plan urban structure, heritage resources, densities and heights.
Municipality of Clarington
Report PSD-051-20
Page 4
1.13. In an effort to resolve and move forward with policy direction for Special Policy Area F,
Staff are recommending acceptance of the DTAH study as a guide. This will clarify
which areas are appropriate for development. For the record, any developable
areas/concepts identified in the Legal Agreement are antiquated and should be
superseded by new information available through the National Historic Designation and
DTAH's work.
1.14. Approval of DTAH's study will endorse the areas for development, neighbourhood and
architectural design principles, and adaptive reuse strategies
1.15. Once Staff have a position on the DTAH Urban Design Master Plan and Design
Guidelines, Staff will be in a position to work on finalizing a revised Official Plan
Amendment that will incorporate DTAHs work, consider the LRSP May 2020 proposal,
and conform to the structure policies (densities, heights, built form) of the Official Plan.
2. Previous Reports
There are a number of previous reports on the development of the DTAH Community Vision
and draft Official Plan Amendment.
2.1. PSD-067-18, September 2018 was the Statutory Public Meeting report. Its purpose
was to seek additional public comments, in addition to those already received at the
open house held in June 2018 on DTAH concept plan and urban design guideline.
2.2. PSD-029-19, June 2019 was an opportunity for Council to receive a presentation from
Megan Torza of DTAH about the Community Vision and urban design framework
outlined in their report (Attachment 1). The recommendation was for staff to prepare a
recommendations report on the proposed Official Plan amendment.
2.3. PSD-041-19, September 2019 was the recommendation report which contained a
revised draft Official Plan amendment based on the comments and input received
during the previous meetings and comments submitted by the developers. The Block
Master Plan and policies relied on the DTAH study, addressed the requests of the land
owners, respected the urban form and structure policies of the Official Plan and
considered public input and comments (Attachment 2). Council tabled this report to
allow for further discussion.
3. Legal Agreement
3.1. On June 16, 2016, Clarington and LRSP entered into an agreement that purports to
grant Clarington the option to purchase certain lands at the northeast corner of Lambs
Road and Concession Road for park purposes. The option to purchase is contingent on
an assortment of conditions for the development of the LRSP lands. Those conditions
include:
Municipality of Clarington
Report PSD-051-20
Page 5
Approval by Clarington of development applications for the LRSP property, on the
understanding that the development applications would be consistent with the
overarching provisions of what was to become Policy 16.7 of the Clarington
Official Plan; and
Amendment of the Clarington Official Plan to remove the "Future Urban
Residential" designation from the LRSP property.
3.2. To date, Staff has been unable to reach a consensus with the land owner on a
development plan for the LRSP property that adheres to the DTAH Community Vision
and is consistent with the overarching policies of the Official Plan.
3.3. One area of contention is that LRSP's privately initiated Official Plan amendment which
seeks to develop an area inside the "ring road" would be inconsistent with the DTAH
Community Vision. LRSP provided a more detailed concept plan for their property at a
September 2020 meeting with staff (Attachment 3)
4. Development Areas
4.1. In 2016, as part of Official Plan Amendment No.107, Special Policy Area F was
designated. The policies of Special Policy Area F call for the Municipality to develop a
community vision. The land use designation for the central campus was reserved until
the community vision was completed. Early in 2017, the Municipality retained DTAH to
develop an overall community vision as called for in Special Policy Area F policies. The
DTAH study Jury Lands, Bowmanville/Special Policy Area F - Urban Design Master
Plan + Design Guidelines is the basis of draft OPA 121. The draft amendment includes:
a. A Master Block Plan, detail land use, recommends urban design guidelines and
related policies;
b. Implements the provisions of Special Policy Area F, the Local Corridor and other
policies contained in the Clarington Official Plan; and
c. Recommends future uses for the heritage buildings and municipal -wide park
4.2. The focal point of the neighbourhood is to be the central campus/municipal-wide park
and its historic buildings. The DTAH study outlines adaptive re -use suggestions for
each of the buildings with complimentary exterior garden spaces to reinforce the re -use
of the buildings. It is anticipated that the buildings will be mothballed for a period of time
awaiting funding for redevelopment. However, the park development can proceed as
soon as the lands are turned over to the Municipality.
The land owners and Municipal staff are in general agreement that Areas 1, 3 and 4 are
developable, subject to the appropriate background studies, see Figure 1 below. It is
the built form, heights and density that have yet to be resolved and would be the subject
of a subsequent report.
Municipality of Clarington
Report PSD-051-20
Page 6
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Figure 1- Development Parcels and Ownership
4.3. Area 1- the road layout, Park Drive and built form have evolved over time using the
guidance provided in the DTAH study. The DTAH study had shown the maximum
height as 4 storeys; however, the corner of Lambs Road and Concession Street East
were seen as an opportunity to have higher built forms and densities. DTAH reviewed
this modification agreeing, additional height at the intersection and apartment style
developments could meet the intent of the community vision. The urban design
Municipality of Clarington
Report PSD-051-20
Page 7
guidelines do not address apartments as a built form, an addendum will be requested to
include this built form. Draft OPA 121 provides the ability for development within 250
metres of the Lambs and Concession intersection to be up to 6 storeys and include
apartments as a built form, with underground parking. The May 2020 concept by
LRSP/Kaitlin requests 6-8 storey apartment (condo) buildings.
4.4. Area 2 has three potential development parcels. From south to north they are referred
to in Figure 1 as 2A, 2B and 2C. The Official Plan states that structures of cultural
heritage value or interest are to be conserved, protected, enhanced and incorporated
into community design. Development in previously non -built up areas adjacent to
cultural heritage resources are required to conserve and enhance the cultural heritage
attributes by providing an appropriate transition with scale, massing and character.
Area 2A, just south of the Triple Dormitory could be developed with a driveway
access to Lambs Road; however, it is restricted by the tributary to the south and its
proximity to the Triple Dorm. Townhomes (up to 3 storeys) was the built form
envisioned in the DTAH study. At times LRSP/Kaitlin has indicated the parcel may
not be developable because of its size. However, in their May 2020 submission it
was noted as 3 storey back-to-back townhouses. Draft OPA 121 recommended it
be designated for low rise (1-3 storey) development. Staff believe we can work with
LRSP to determine appropriate built form and density for this area.
2. Area 2B, south of the northern tributary and east of the Cafeteria building could be
developed with a driveway access to Lambs Road. This development parcel has to
be carefully articulated to protect the views to and from the cafeteria. The built form
and its height will require careful consideration because of how it could overshadow
the cafeteria. LRSP/Kaitlin in their May 2020 submission requested this parcel be
extended further south to allow for underground parking and be up to 6 storeys for
affordable housing. Draft OPA121 recommended it be designated for mid -rise with a
maximum of 4 storeys to not overshadow or block views of the cafeteria. Better
transition from the heritage resources to any new build along Lamb's Road will
require careful consideration of built form, shadows and views.
3. Area 2C, south of the northern tributary, is the area of the former administration
building, inside the ring road. This area was shown on the concept plan as
Schedule B to the 2016 legal agreement (Attachment 4) as "retained lands" but was
subject to the development of a community vision for the heritage resources and
municipal -wide park. DTAH determined development within the campus area would
be detrimental to the preservation of the cultural heritage resources of the site.
4. The development of 2C is a key feature in two competing development scenarios for
the interior of the ring road. Allowing the addition of new buildings within the ring
road would eliminate a portion of the open landscape, degrade the spatial
relationship across the site, and impair the site's original design composition as a
"campus -plan".
Municipality of Clarington Page 8
Report PSD-051-20
4.5. The precise extents of development have yet to be determined through an
Environmental Impact Study which is underway and substantially complete for Area 1.
The ongoing discussion centres around the built form and heights that would be
desirable and acceptable for these two areas. Emergency access to Area 4 is also a
consideration. The DTAH study identified concepts for a mix of townhouses and single -
detached homes up to 3 storeys in height in Areas 3 and 4. LSRP/Kaitlin are seeking
greater density, alternate building forms including apartments and heights of mostly 4
storeys with up to 6 and 8 storeys in select locations. Draft OPA 121 recommended a
maximum of 3 storeys internal to the neighbourhood. We will continue to consider the
DTAH Study, Official Plan urban structure, and land owner requests for greater density
when refining draft OPA 121.
5. Items being considered in a revised OPA 121 and future report
5.1. Once DTAH's study is endorsed, Staff will be in position to modify and refine OPA 121
while considering the revised plans and information brought forward by LRSP/Kaitlin
earlier this year.
5.2. Among other typical components that are reviewed as part of an Official Plan
Amendment, of particular importance for this Special Policy Area are the following
items:
The type of neighbourhood/community that will best complement the National
Historic Site and lands/buildings with significant historical importance and adaptive
reuse opportunities;
2. Densities, built forms and heights and distribution of units across the Special Policy
Area appropriate to heritage context of the area and in accordance with the
approved urban structure policies of the Clarington Official Plan
3. Whether this is an appropriate location for low income affordable housing, and
determining policy to not only encourage affordable housing in general, but to
ensure it happens
4. Policies to permit units that provide specialized care (assisted living, memory care,
etc.)
5.3. Staff believe there is some opportunity to modify and refine draft OPA 121 to better
address these OP policies and provide additional development opportunities in select
locations for LRSP. As the number of units is a target, it more important to agree on the
built form.
Municipality of Clarington
Report PSD-051-20
6. Public Comments
Page 9
6.1. A public information session was held at John M. James School on June 13, 2018
where the consultant, DTAH, had display panels explaining the overall Urban Design
Mater Plan + Design Guidelines. The consultant provided a presentation on the
proposed land uses, development framework and building typologies. The consultant
and staff fielded questions prior to the presentation in a one-on-one setting and as a
general question/answer session following the presentation.
6.2. Over 40 people attended the public information session which had been advertised in
the local newspapers, on the Municipal website and through social media. The meeting
was held concurrently with the Soper Creek Trail, Phase 2 meeting. Notification
included all adjacent property owners on Sprucewood Crescent and Guildwood Drive. In
addition, the owners of the property parcels affected by Special Policy Area F were
notified and any registered interested parties.
6.3. Public comments received were:
• Retain natural beauty and as many of the historic buildings as practical.
• Consider wildlife, ecology, natural spaces, protect species at risk.
• Include community gardens on the site to serve nearby proposed residences.
• Support for the demonstration garden with produce supplying local eatery.
• The development and building forms appear to be higher in density than
adjacent lands and should be less dense and lower in height.
• Provide special event venue space for 100+ people.
• Property has been subject to severe vandalism
6.4. The Jury Lands Foundation are supportive of the DTAH Study. Council has been the
recipient of numerous delegations by the Jury Lands Foundation, who stress the
importance of the site as a tourism and educational opportunity. The Jury Lands
Foundation collaborate with the ACO (Clarington Branch) to provide tours of the site,
provide presentations on the site history and fundraise. Additional comments are:
• this will create a destination park that citizens of not just Bowmanville but
beyond could travel to and learn about the history of the site along with the
unique example of the Carolinian forest;
0 the site will be linked into the trail system; and
Municipality of Clarington
Report PSD-051-20
Page 10
• the access as proposed means people can walk, ride bicycles or use public
transit along with a car to access the park from Concession Street, Lambs Road
or the trail system.
6.5. LRSP/Kaitlin allowed Staff to share their concept plan with the Jury Lands Foundation in
late September. However, there has been no public consultation regarding their plan.
6.6. Land Owner Comments were:
• The limited range of land uses, density and built form types included in the
vision for the Jury Lands, which amongst other matters could have a direct
impact on affordability and accessibility;
• There is a lack of clarity on how the integration of the vison for the Jury Lands
will work with the vison for the Secondary Plan area to the east, including the
creation of a hub at the Lambs Road and east -west street;
• Concern about incomplete information on future process, and associated
timing, to implement the vision including opportunities to participate prior to
the preparation of statutory documents;
• Northern development area (Area 4) should have specific policies that
override the general policies of the Official Plan and include mid -rise
residential (4-6 storeys);
• The requirements for alternate emergency access for Area 4 should be left to
the results of an engineering study;
• The request of the developers is to increase the unit target to 1,100 units
(in 2019) has since increased to 1,500 units; and
• The uniqueness of the site should be recognized.
6.7. The LRSP Official Plan application remains incomplete.
7. Concurrence
7.1 This report has been reviewed by the Director of Legislative Services.
Municipality of Clarington
Report PSD-051-20
8. Comments
Page 11
8.1. The community vision by DTAH has been the subject of considerable consultation with
the property owners, Jury Lands Foundation and public. The built forms used in the
DTAH study are for the most part taken from other Kaitlin developments. LRSP/Kaitlin
now wish to include apartments (condo) as a built form. The DTAH study did not
contemplate this built form for the site; however, the study called for taller building types
(over 3 storeys) to be located along the Concession Street East and Lambs Road
frontages. Staff agree that apartments should be part of the built form considered in the
urban design guidelines and will request DTAH update the study with an addendum.
8.2. Accepting the DTAH Study establishes the cultural heritage resources take precedence
over new development. The protection of the heritage buildings' settings and campus
landscape is key to the history of this site, its national designation and local designation.
In particular, not allowing intrusion within the ring road is a principle upon which the
community vision rests.
8.3. The National Historic Site designation identified four key attributes that are explicitly
referenced and emphasized for conservation:
• The complex of six buildings laid out in a campus style;
• An oval -shaped ring road;
• Visually and functionally connected by a network of paved pathways; and
• Viewplanes between the buildings.
9. Conclusion
9.1. New private residential development within the inner road is not compatible/conform
with the community vision prepared by DTAH and vetted through extensive public input
for the municipal -wide park and heritage context of the site.
9.2. Staff are recommending Council accept the DTAH Study as the basis and guideline for
the Official Plan Amendment for Special Policy Area F — Camp 30.
9.3. Staff are also recommending that the consulting team for Soper Hills Secondary Plan be
retained to assist in modifying draft Official Plan Amendment No 121 to ensure
compatibility with the adjacent built form.
9.4. Staff will continue to work with the land owners, Jury Lands Foundation and other
interested parties to resolve built form, density and transition issues.
Municipality of Clarington Page 12
Report PSD-051-20
9.5. Making a decision on Camp 30 is one of the legacy projects listed in the Strategic Plan
for this term of Council.
Staff Contact: Faye Langmaid, Acting Director of Planning and Development Services, 905-
623-3379 x 2407 or fangmaid@clarington.net.
Attachments:
Attachment 1: DTAH Concept Plan (Built Form)
Attachment 2: Draft OPA 121 Block Master Plan (Built Form)
Attachment 3: May 2020, LRSP Concept Plan (Built Form)
Attachment 4: Schedule "B" of the Legal Agreement
Interested Parties:
List of Interested Parties available from Department.
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