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Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: June 28, 2021 Report Number: PDS-036-21
Submitted By: Ryan Windle, Director of Planning and Development Services
File Number: S-C-2021-0001 and ZBA2021-0007 Resolution#: PD-197-21
Report Subject: Applications by Fairhaven Investments Inc. for Draft Plan of
Subdivision and Zoning By-law Amendment to permit 34 residential
units consisting of 8 single detached units and 26 townhouse units.
Purpose of Report:
The purpose of this report is to provide information to the public and Council. It does not
constitute, imply or request any degree of approval.
Recommendations:
1. That Report PDS-036-21 be received for information only;
2. That staff receive and consider comments from the public and Council with respect
to the Draft Plan of Subdivision and Zoning By-law Amendment applications; and
3. That all interested parties listed in Report PDS-036-21 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-036-21
Page 2
Report Overview
The Municipality is seeking the public's input on applications for a proposed Draft Plan of
Subdivision and Zoning By-law Amendment, submitted by Fairhaven Investments Inc. to
permit 34 residential units consisting of 8 single detached units and 26 townhouse units. The
subdivision would extend Nelson Street north and create a new local road internal to the site.
1. Application Details
1.1 Owner/Applicant
1.2 Agent:
1.3 Proposal:
1.4 Area:
Fairhaven Investments Inc.
Humphries Planning Group Inc.
Draft Plan of Subdivision
The proposed Draft Plan of Subdivision would permit 34
residential units consisting of 8 single detached units and 26
townhouse units. The subdivision would extend Nelson Street
north and create a new local road internal to the site.
Zoning By-law Amendment
To rezone the lands from "Holding — Urban Residential Type 2
((H)R2)", "Holding — Urban Residential Exception ((H)R2-33)",
and "General Industrial Exception (M2-1)" to appropriate
zones that would permit single detached and townhouse
dwelling units with the proposed lot sizes and provisions.
1.63 Hectares (4.03 acres)
1.5 Location: Blocks 112 and 113 on Plan 40M-2294, north of Albert
Street, south of the former Goodyear lands in Bowmanville.
See Figure 1.
1.6 Roll Number: 181702010018048
181702010018098
1.7 Within Built Boundary: Yes
Municipality of Clarington
Report PDS-036-21
2. Background
Page 3
2.1 The subject lands are two blocks remaining from the previous subdivision approvals, Plan
40M-2294, which included the lands to the south, along Nelson Street, Albert Street and
Alfred Shrub Lane.
2.2 The original subdivision was draft approved in 1995 with amendments to draft approval in
2002 and 2004. The original application and two amendments included significantly
different proposals with different building forms including single detached, semi-detached
and townhouse dwellings. The 2004 approval had the least number of total units
consisting of 106 single detached lots on 12 metre frontages.
2.3 When the subdivision was approved the industrial lands to the north were still in
operation, with licences to operate from the provincial government. To ensure
compliance with provincial licences, Block 113 was not able to develop for residential
purposes as the required setback from the industrial use to the north, specifically the
reclaimed rubber plant, could not be met. Block 112 was intended for residential uses in
the future should the industrial uses to the north cease to exist.
Figure 1: Subject lands shown as Blocks 112 and 113 in Plan 40M-2294.
Municipality of Clarington
Report PDS-036-21
Page 4
2.4 The industrial use is no longer in operation and the environmental compliance permits
with the Ministry of the Environment, Conservation and Parks were revoked in 2017. The
current Official Plan designates the former industrial lands and some surrounding
residential lands as Special Study Area 3. Special Study Area 3 envisions the area to be
redeveloped as a mixed -use residential area, taking advantage of its location to
downtown Bowmanville and the Bowmanville Creek valley. See Figure 2. Prior to any
redevelopment a comprehensive plan shall be prepared and adopted as an amendment
to the Bowmanville East Town Centre Secondary Plan. The Secondary Plan review
process is currently underway.
2.5 The subject lands are not included in Special Study Area 3; however, they are adjacent to
the special study area and will need to provide flexibility and the ability to integrate with
the future mixed -use residential development.
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Figure 2: Aerial of subject lands, surrounding land uses including the previous subdivision
approval, former industrial lands and Special Study Area 3.
Municipality of Clarington
Report PDS-036-21
Page 5
2.6 On April 28, 2021 Fairhaven Investments Inc. submitted applications for Draft Plan of
Subdivision and Zoning By-law Amendment to permit 34 residential units consisting of 8
single detached units and 26 townhouse units. See Figure 3. The applications were
circulated for comments on May 17, 2021 to applicable departments and agencies.
Figure 3: Proposed Draft Plan of Subdivision
2.6 The applicant has submitted the following studies in support of the applications:
• Functional Servicing and Stormwater Management Report;
• Landuse Compatability Study;
• Environmental Impact Study;
• Environmental Noise Assessment;
• Phase One Environmental Site Assessment; and
• Tree Preservation Plan;
2.7 The studies are being reviewed by departments and agencies and will be summarized in
a future report.
Municipality of Clarington Page 6
Report PDS-036-21
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located at the north end of Nelson Street, west of Duke Street and
east of Bowmanville Creek. The site is currently vacant with a significant mound in the
middle of the site which appears to be left over fill from the previous development to the
south. See Figure 4. The site currently slopes to towards Bowmanville Creek to the west.
Figure 4: Subject lands looking east from Nelson Street.
3.2 The surrounding uses are as follows:
North - Unoccupied industrial lands, formerly Goodyear
South - Single detached dwellings
East - Single detached dwellings
West - Bowmanville Creek
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land
use patterns shall be based on densities and a mix of land uses that efficiently use land,
resources and infrastructure.
Municipality of Clarington
Report PDS-036-21
Page 7
4.2 Opportunities for redevelopment and intensification are to be promoted where it can be
accommodated. Municipalities must provide a variety of housing types and densities,
efficiently utilizing existing infrastructure and public transit facilities.
Provincial Growth Plan
4.2 The subject lands are within the defined Built Boundary and within the Urban Boundary of
Bowmanville.
4.3 Growth is to be accommodated by directing a significant portion of new growth to the built
up areas through intensification and efficient use of existing services and infrastructure. A
minimum of 40 percent of all residential development occurring annually within each
upper tier municipality will be within the built up area.
4.4 The development of complete communities is encouraged 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 subject lands Living Areas. Living Areas
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.
5.2 Living Areas shall be developed in a compact form through higher densities and by
intensifying and redeveloping existing areas.
5.3 The Region of Durham Official Plan identifies Key Natural Heritage and Hydrologic
Features to the west of the subject lands. Development or site alteration is not permitted
in Key Natural Heritage and Hydrologic Features, including any associated vegetation
protection zone, as determined through an Environmental Impact Study.
Clarington Official Plan
5.4 The Clarington Official Plan designates the lands Urban Residential and Environmental
Protection. The Urban Residential designation is predominately intended for housing
purposes. A variety of densities, tenure and housing types are encouraged, generally up
to 3 storeys in height.
Municipality of Clarington
Report PDS-036-21
Page 8
5.5 Natural Heritage Features are also identified and mapped on the west side of the subject
lands and adjacent to the subject lands. This area is designated Environmental
Protection Area. The natural heritage system is to be protected and enhanced for the
long term to promote responsible stewardship and provide sustainable environmental,
economic and social benefits. Studies will determine the appropriate development limit
and buffers in accordance with the Official Plan. The policies require an Environmental
Impact Study to be submitted in support of development, to determine the extent of the
feature and appropriate buffer limits, with a minimum of 15 metres to waterways and
valleylands.
5.6 The lands directly to the north of the subject lands are former industrial lands that are now
subject to Special Study Area 3 within the Official Plan. The outcomes of Special Study
Area 3 will determine how the lands to the north of the proposed subdivision will develop
and integrate with the proposed subdivision.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands "Holding — Urban Residential Type 2
((H)R2)", "Holding — Urban Residential Exception ((H)R2-33)", and "General Industrial
Exception (M2-1)". A Zoning By-law Amendment is required to permit the proposed
single detached and townhouse dwelling units with the proposed lot sizes and provisions.
7. Public Notice and Submissions
7.1 Public notice was mailed to each landowner within 120 metres of the subject lands on
June 1, 2021. and a Public Meeting Sign installed at the north end of Nelson Street on
June 2, 2021. See Figure 5.
Municipality of Clarington
Report PDS-036-21
I �-7
Page 9
Figure 5: Public notice sign on subject lands at the end of Nelson Street looking north.
Staff have received inquiries and questions from residents, as follows:
• Timing regarding the proposed development, should it be approved;
• Requesting information regarding studies submitted, specifically the Environmental
Site Assessment and potential impact from the former industrial lands to the north;
• Requesting information on the future development of the former industrial lands
north of the subject lands, Special Study Area 3; and
• Requesting information on previous plans for the Blocks when the subdivision to
the south was developed and setbacks from the industrial use.
8. Agency Comments
Regional Municipality of Durham
8.1 Comments from Durham Region Planning, Works and Transit Departments have not
been received at the time of finalizing this report but will be included in a subsequent
report.
Municipality of Clarington
Report PDS-036-21
Central Lake Ontario Conservation Authority
Page 10
8.2 Comments from the Central Lake Ontario Conservation Authority have not been received
at the time of finalizing this report but will be included in a subsequent report.
Other
8.3 Enbridge, Bell Canada, the school boards, and Canada Post have no concerns with the
applications.
9. Departmental Comments
Public Works Department
9.1 The Public Works Department has no objections, in principle, to the applications.
9.2 Public Works has identified concerns with the two proposed temporary cul-de-sacs. The
concerns include ensuring they are located within the limits of the subdivision and meet
the requirements for waste trucks and snow plows. The on -street parking plan submitted
does not meet Public Works standards and will need to be revised.
9.3 The applicant will also need to address additional preliminary stormwater drainage and
grading comments in a revised submission.
Emergency and Fire Services
9.4 The Emergency and Fire Services Department has no objection to the applications.
10. Discussion
10.1 The Bowmanville East Town Centre Secondary Plan is currently under review, which
includes Special Study Area 3, to the north of the subject lands. The development of the
lands are not dependant on the study being completed but the plan must allow for
integration options and flexibility with the future development between the two sites and
privately owned lands remnant lands abutting both sites.
Municipality of Clarington
Report PDS-036-21
Page 11
Figure 6: Excerpt from Block Plan submitted by Humphries Planning Group Inc.
10.2 Consideration must be given to the broader surrounding context of how the development
integrates with the existing neighbourhood and future development. This includes future
road and pedestrian connections and the future lot layout with the remnant blocks within
the proposed draft plan and the development potential of privately owned smaller parcels
immediately adjacent to the draft plan. Staff required the applicant to submit a block plan
showing how the plan and remnant blocks within the plan can integrate with the
surrounding lands in the future. This is done to ensure all lands, within the proposed plan
and to the north, can be used for development in the future and excluded due to their size
or configuration. See Figure 6.
10.3 Particular attention must be given to the future road connections, Hunt Street and Durham
Street. There will be lands within the proposed subdivision and on adjacent lands that will
need to be combined to complete street patterns. This may impact the lot configuration on
the east side of the site. Furthermore, if Durham Street is extended as shown in the
proposed block plan the result would be the townhouses on the north side of the new
local road backlotting onto that extension. This is discouraged by the Official Plan
policies.
10.4 The draft plan must also allow for proper cul-de-sacs within the limits of the draft plan.
Municipality of Clarington
Report PDS-036-21
Page 12
10.5 The Block Plan needs to demonstrate an efficient use of land within the draft plan and the
surrounding lands. Further discussion and refinement of the Block Plan is required.
10.6 The subject lands include natural heritage features identified in the Clarington Official
Plan associated with the Bowmanville Creek Valley. The applicants have submitted an
Environmental Impact Study, Meander Belt Study, and Geotechnical Report that
municipal staff and conservation authority staff are currently reviewing. The results of
these studies may redefine the lot depth on the west side of the site.
10.7 The purpose of the Public Meeting is to provide an opportunity for further public input.
These public comments will be compiled, discussed with the applicant and addressed in a
subsequent staff recommendation report.
11. Concurrence
11.1 Not Applicable.
12. Conclusion
12.1 The purpose of this report is to provide background information on the Draft Plan of
Subdivision and Zoning By-law Amendment applications submitted by Fairhaven
Investments Inc. for the Public Meeting under the Planning Act. Staff will continue
processing the applications including the preparation of a subsequent report upon receipt
of all agency and department comments and the resolution of identified issues.
Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler@clarington.net.
Interested Parties:
List of Interested Parties available from Department.