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Home My WebLink About2021-11-15 AgendaClarftwn Planning and Development Committee Post -Meeting Agenda Date: November 15, 2021 Time: 6:30 p.m. Location: Council Members (in Chambers or MS Teams) I 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 Iatenaude@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. AudioNideo 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 or a change to an existing item after the Agenda was published. Pages 1. Call to Order 2. Land Acknowledgment Statement 3. Declaration of Interest 4. Announcements 5. Public Meetings *5.1. Public Meeting for a Proposed Zoning By-law Amendment 4 Applicant: Brutto Planning Consultant Ltd. Location: 1558 Green Road, Bowmanville Planner: Nicole Zambri (Public Meeting Presentation Attached) 5.1.1. PDS-056-21 Proposal for a Total of Six Semi -Detached 24 Dwelling Units at 1558 Green Road in Bowmanville *5.2. Public Meeting for a Proposed Zoning By-law Amendment 35 Applicant: Tim Cole Location: 3301 Trulls Road, Courtice Planner: Aibelle Babista (Public Meeting Presentation Attached) 5.2.1. PDS-057-21 An Application for Zoning By-law Amendment to 43 Permit the Creation of a New Lot for One Single Detached Dwelling at 3301 Trulls Road in Courtice 6. Presentations/Delegations 6.1. Gary Mueller, Director of Planning, Amanda Bathe, Senior Planner, 54 Michael Blake, Senior Planner, Region of Durham Regarding Envision Durham Overview 7. Reports/Correspondence Related to Presentations/Delegations 8. Communications Page 2 9. Staff Reports and Staff Memos 9.1. PDS-058-21 An Application by National Homes (Prestonvale) Inc. for the Removal of (H) Holding Symbol to Permit a Total of 112 Townhouse Units at the Northeast Corner of Prestonvale Road and Bloor Street, Courtice 9.2. PDS-059-21 Environmental Stewardship - 2021 Annual Report 9.3. PDS-060-21 Seasonal Sidewalk Patio Program Results 2021, Guidelines, and Procedures 10. New Business - Consideration 11. Unfinished Business 12. Questions to Department Heads/Request for Staff Report(s) 13. Confidential Items 13.1. PDS-061-21 Potential Property Acquisition (Distributed Under Separate Cover) 14. Adjournment 72 Page 3 Clarbgton 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 Zoning By-law Amendment. Brutto Planning Consultant Ltd. propose a rezoning to permit 3 semi-detached dwellings, for a total of 6 residential units at 1558 Green Road. The development will have vehicle access by a shared driveway off Green Road to limit the number of individual entrances onto Green Road. 1558 Green Road, in Bowmanville. South of Highway 2 and north of Clarington Boulevard. 78 s � ter.-'�I'''' Prince William Boulevard --- 1Y.V e914 Ilt 82 41" L 1' 65 ;J 00n1100 +Y ,�1579_ m 3 _ - •Y , 1 -A 5575 d� 711/ A 1573 16 37 lO 1 33 • • - '�. 1569. 25 — e�p D¢ 21 -_ % O . r:1 1 N �. appg . �� 3 Ei m P CI Siringtoe:BouIO d E h531 tw 14 1191 3G A j sis `K ng William WayJ�� A m a s c .124 PHILIPS RIMON 7558 GREEN ROAD 1 t Area Subject To Proposed Zoning By -Law Amendment CM ZBA 2027-0078 - la]r� Qnln� - Further information on the proposed zoning by-law amendment and the background studies are available for review on our website at clarington.net/developmentproposals. Questions? Please contact Nicole Zambri 905-623-3379, extension 2422, or by email at nzambria-clarinaton.net Our procedures have changed during 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. This meeting is live -streamed for public viewing at www.clarington.net/calendar Date: Monday November 15, 2021 Time: 6:30 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(a-),clarington.net by Friday, November 12, 2021 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 Nicole Zambri at nzambri(Dclarington.net or by mail or drop box to 40 Temperance Street, Bowmanville, ON L1 C 3A6 prior to the date of the public meeting. A drop box is located at the Church Street entrance. File Number: ZBA 2021-0018 1 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 Ontario Land Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Ontario Land Tribunal, in the opinion of the Tribunal, there are reasonable grounds to do so. Ryan Windle, MCIP, RPP, AICP Director of Planning and Development Services I..- I-.-,y..,....r......--,..,-..--,--..,-.,.;w/Zoning/ZBA2021-00181558Green Road/ZBA2021-0018-Public Meeting Notice -COVID.docx Page 5 Application By: Brutto Planning Consultant Ltd., on behalf of the owner Rimon Phillips Application to rezone to permit a total of six semi-detached residential units Location: 1558 Green Road, Bowmanville. Public Meeting: November 15, 2021 File Number: ZBA2021-0018 The purpose of this presentation is to provide information to the public and Council. It does not constitute, imply, or request any degree of approval. � - � 1585 84 I F"(C' 1583 . ~~ ��_ ~~~ ~~. ~� . ~~ ~ . . � ^ ,.'. �� 1573 3 L7� 29 67 IM 61 c. 1531 lid 4 ON 1511 49 1491 1481 1475 1467 f <>O&fDuw D19MFM! W W-9— M — — -- I 17F908TN47F1�1Cii -/ ur C — ------— -T- wruwatix J4 r �`1 _PROPOSED3STOREY T SEMI-DETACHED HOUSE LOT +B ri 1r4� j 13�1pY �c?rWio W_WQ:[ rivar_ j ar x PROPOSIED 3-STOREY SEMI-DETACHED HOUSE a e r E I a z+� I. j� arbeKrosV I I yi'.1� . � Wi{iPMxY — 12.WEYAFWWrBhCK ...._....i. { �sISE,c4t— — E� j WAIkYIAY } 1Td� L OR=yy�;r ebb PROPOSED 3-STOREY $EMI•DETACHED HOUSE L IYEYfYOIY .t Tn Va'3sLi — — �1' •! ilp' � a J{JlY1RY 'uice!YM16>t mCK Page 8 Clarington Official Plan �K�4 4 0 Co 0 w 0 c Z as w \SitEr GO f10 0 Green Road is a Type B Arterial Road Page 9 Zoning B2- I aw 84=63 1620 Agricultural,(A) Zonb .... 71 1608 74 1604 15, o 73 Ri 1600 76 1696 - — ---------- 0586 1579 1577 86 .88 Site RI 18 16 27 14 23 21 17 Rl o13 x 11 i, 2 4 6 Page 1,0 3 7 3 531 1527 1623 1519 146 o 252 .142 048 .138 244 .134 24; vl�, 138 236 / — •l 1 [K:4ff• ow Pljhlic Mpptind NOTICE � !� N? � •7 A"h ��'i�y-'"IItA `q�} '�� _ � - _� y �" _. � � iF'1-ten �,�".s I'r'[ s T _ g _,tea µ Public Comments • Traffic increase in the neighbourhood Orm • Existing noise issues with constant honking at the roundabout • Concerned with density and the impact on value of homes • Would prefer two storey units instead of three storeys • Privacy concerns with setbacks and balconies • Limited amount of parking • Vehicle entrance in close proximity to the intersection • Protection of mature trees • Character of the proposed units inconsistent with neighbourhood • Property maintenance concerns, especially with snow removal Page 12 � - � 1585 84 I F"(C' 1583 . ~~ ��_ ~~~ ~~. ~� . ~~ ~ . . � ^ ,.'. �� 1573 3 L7� 29 67 IM 61 c. 1531 lid *7- 4 ON 1511 49 1491 1481 1475 Pa T477 1467 1463 Municipality of Clarington Public Meeting Presentation Zoning By-law Amendment Application File No. ZBA 2021-0018 1558 Green Road, Bowmanville MON DAY, NOVEM BER 15T"12021 .�/ zccito g Page 14 MEETING AGENDA 1. Site Location and Context 2. Applicable Land Use Policies 3. Proposed Development 4. Site Plan S. Preliminary Semi -Detached Elevation 6. Questions and Feedback Page 15 SITE LOCATION AND CONTEXT E I TI ,k. )fi NHOUS EsIbENTIAL JP • a." L2 y ISTING l_ DENTFAI. * _; • The Subject Property is located at 1558 Green Road in Bowmanville. It consists of a total land area of 1,752.80 sq. metres (0.1752 hectares). The property has 46.2 metres of 4%W4 `' frontage on Green Road and 38.1 metres of depth. The property is situated within the "Urban Residential" designation under Schedule A Land Use of the Municipal EXISTING Official Plan, which permits the proposed type of built- form. • The property is rectangular in shape with a relatively flat topography, and is situated within a low -density residential neighborhood. • The Subject Property is also located near an existing range of community amenities and services which include but are not limited to commercial plazas, educational facilities, parks and open spaces. • The property is currently occupied by a single detached dwelling fronting on Green Road. Page 16 APPLICABLE LAND USE POLICIES Page 17 MUNICIPALITY OF CLARINGTON OFFICIAL PLAN • The Municipality of Clarington Official Plan designates the subject land as "Urban Residential" on Schedule A — Land Use. • This land use designation permits the proposed semi- detached residential built form and is further supported by the Urban Structure Typologies of Table 4-3 of the Official Plan which notes that semi-detached dwellings with a height of up to 3-storeys are permitted along the edge of neighbourhoods and adjacent to arterial roads. • The Subject Property is located both within the edge of a neighbourhood as illustrated on Schedule A — Land Use and is adjacent to Green Road which is a Type "B" arterial road. • As such, the proposed development conforms to the Municipal Official Plan and an Official Plan Amendment is not required. J 01 ca z 0 Z SUBJECT PROPERTY REGIONAL CORRIDOR URBAN RESIDENTIAL i ■ URBAN CENTRE Page 18 MUNICIPALITY OF CLARINGTON ZONING BY-LAW 84-63 I trv�aed INC PP7713, ll° iI` 16 a159G - I. _ Q55 ;r y1592 II 83 9592 8.1 84 0 SUB1T ■ v yy # PROPERTY IL �$ 1 ,4 ,R y,P+r-G 3 n5 o , No 103 _ ` �__ ,581 c l J 0 574 1377 37 ,SF5 33 1515 ° 2k 15?1 25 9 ,5G9 1 •156'! 17 1556 ' � 9 150 3 1559 � 1666 ° 1553 ,551 8 � 6 2 954E ,547 Residential Industrial % Neighbourhood AtIguW2020 Municipality of Clarington 0�� Character Overlay QCommercial EP ARTERL4LROAD TYPE'A' � Zoning By -Law 84-63 Institutional Agrcultural ARTERIAL ROAD TYPE•6' r'� Schedule 3 (Bowmanville age 19 • The Subject Lands are currently zoned "Agricultural" under Zoning By-law 84-63, which is typical of the older lots within the urban area that are yet to be developed. • The "Agricultural" zone does not permit the proposed type of development and an amendment to the Zoning By-law is required to bring the zoning to permit the proposed type of development. • As part of this application, we are seeking to implement the land uses permitted in the "Residential One (R1) Zone" with site -specific exceptions to address the proposed building height (if required), setbacks, lot frontage, lot area, parking (if required), and landscape open space. PROPOSED DEVELOPMENT • The proposed development on the Subject Property is to build 6 freehold semi-detached dwelling units with an access easement that wil� provide a shared driveway and entrance from Green Road. • The existing single detached dwelling will be demolished. • The proposed semi-detached lots will have a minimum lot frontage of 6.30 metres (12.60 metres per building block), lot depths of approximately 38.0 metres and minimum lot areas of 514.9 to 520.7 sq. metres. • The proposed semi-detached residential complex will also include 2 parking spaces per dwelling unit and 4 additional parking spaces for a total of 16 parking spaces. • The proposed access design is similar to the recently approved townhouse development north of the Subject Property. • The requested zoning exceptions will be minor in nature and properly mitigated. Page 20 A ?I DASIED LINE 14>ICATES EXTENT OF BUl_D14a BELOW IIYP). A 12m SSE YARD SETBACK I 25 - lire I I I I I IT-- Al I I L_L - 1 LOT'.4 DECK I �2raD IRIVEWAY 3-STOREY — — — _PROPOSED SEMI-DETACHED HOUSE I _� =CK E 47 I DRIVEWAY I- f I x _CT ,a I I — _7.55_M -- 24' - 9' I r T h r i. 1 i wALKwnr � _ En SIDE Y-D SETB-Ct '1�+� — h — 1.2rn SIDE YARD SETBACK — — — — 7$ I WALKWA`+ _CT:.4 I --- 1 'ECK iRNEwAY PROPOSED 3-STOREY d SEMI-DETACHED HOUSE 2Tl4 I �PDRIYEWAY — r $i ro �-Tart rl� II WALKWAY — - — 1.2171 SIDE YARD SETBACK 12m SIDE YARD SETBACK 1 m I VJALrY),Ay I S,$3 I r LOT3A I i4'=i2" DECK I A DRIVEWAY PROPOSED 3-STOREY I — — — SEMI-DETACHED HOUSE —7I — r DECK �2ND I I I I DRIVEWAY I -r.5� � LOT .3-- I I - x __ — 24' -!Dire r-t - y wALKwA b _ � ,9 1 =m : '= YARD SETBACK rn Page 21 SITE PLAN . g- 1 EYJSTING FIRE HYDRANT hI) IA4 FLIT I ILI ITS Tf0 ROOF NY-0" 3RO FLOOR 20' - B" 2Nd FLOOR 10' - 4" i�^ 1ST FLOOR (y - 0. TIO ROOF 30-_d" 3RD FLOOR 5 A0. _ 81. 2ND FLOOR 10' - 4" 1ST FLOOR 0._D" THANK YOU Page 23 Clarington Public Meeting 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: November 15, 2021 Report Number: PDS-056-21 Submitted By: File Number: Report Subject: Ryan Windle, Director of Planning and Development Services ZBA2021-0018 Resolution#: Proposal for a total of six semi-detached dwelling units at 1558 Green Road in Bowmanville 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-056-21 and any related correspondence be received for information only; 2. That Staff receive and consider comments from the public and Council with respect to the rezoning application; and 3. That all interested parties listed in Report PDS-056-21 and any delegations be advised of Council's decision. Page 24 Municipality of Clarington Report PDS-056-21 Report Overview Page 2 The Municipality is seeking public input on an application to amend the Zoning By-law to permit three semi-detached dwellings (a total of six units, two in each building) at 1558 Green Road in Bowmanville. The units will have vehicle access from a common shared driveway off Green Road. 1. Application Details 1.1 Owner/Applicant: Brutto Planning Consultant Ltd., on behalf of the owner Rimon Phillips 1.2 Proposal: Rezoning to permit a total of 6 residential units 1.3 Area: 0.17 ha (0.43 acres) 1.4 Location: 1558 Green Road in Bowmanville. South of Highway 2 and north of CP Rail line. (See Figure 1) 1.5 Within Built Boundary: Yes 2. Background 2.1 On August 3, 2021, Brutto Planning Consultant Ltd applied for a rezoning on the lands 1558 Green Road in Bowmanville. The proposal is for three semi-detached dwellings, for a total of six units. The proposal also includes a common driveway access off Green Road. If the rezoning application is approved, the applicant would create the lots through a severance application (land division) with the Region of Durham. Easements would be required for access purposes. 2.2 The applicant has submitted the following supporting documents which have been circulated to other departments and agencies for review and will be summarized in a future report. • Planning Justification Report • Noise Report • Arborist Report • Geotechnical Report • Functional Servicing and Stormwater Management Report • Sustainability Report Page 25 Municipality of Clarington Page 3 Report PDS-056-21 3. Land Characteristics and Surrounding Context 3.1 The subject property is located at 1558 Green Road in Bowmanville, north of the round - a -bout of Clarington Boulevard and Green Road. The site is currently occupied by a single detached dwelling on a relatively large lot. 78 o 62 . r — . Prince William Boulevard )n Boulevard. t� I(ing William Vi[a JY1. � w ■ Figure 1 — Lands subject to rezoning application 3.2 The surrounding land uses are as follows: North - a single detached dwelling followed by townhouse units with a similar driveway access off Green Road as the one proposed and further north and east are commercial uses, the Clarington Shopping Centre. East - a recent townhouse development, known as MODO, and further east is the proposed GO train station for Bowmanville. Page 26 Municipality of Clarington Report PDS-056-21 Page 4 South - low density residential uses, consisting of single detached dwellings, as well as a neighbourhood park (Green Park) and the CP rail line. West -low density residential uses, consisting of single detached dwellings. 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement (PPS) policies direct growth to settlement areas and promote compact development forms. Planning authorities are to facilitate a variety of housing forms and promote residential intensification to achieve efficient development patterns, especially along public transit and active transportation routes. The definition of `intensification' includes the development of underutilized lots within previously developed areas and infill development among other things. The PPS policies state that planning authorities shall also consider market demands when evaluating proposals. 4.2 The subject lands are located within a settlement area, known as Bowmanville, which is to be a focus of growth and development. It is also adjacent to a public transit route and bike and pedestrian route. Development proposals are to appropriately use infrastructure and public services while also respecting the surrounding context. Provincial Growth Plan 4.3 The Growth Plan for the Greater Golden Horseshoe (Growth Plan) is a long-term planning framework that manages growth, mainly within the urban areas of the Greater Golden Horseshoe. It provides policies to encourage complete communities, which includes a diverse mix of land uses, a mix of employment and housing types, high quality public open spaces, and convenient access to local stores and services. New transit -supportive and pedestrian -friendly developments will be concentrated along existing and future transit routes. The objective is to protect the natural environment, make use of existing public infrastructure, and encourage compact development within the already built-up areas of the municipality. 4.4 The subject lands are within a settlement area and the defined Built Boundary of Bowmanville. Growth is to be accommodated by directing development to the existing built-up areas of Bowmanville through intensification. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built-up area. After the Regional Comprehensive Official Plan review is completed, the minimum target will increase to 50 percent. Page 27 Municipality of Clarington Page 5 Report PDS-056-21 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject property as "Living Areas" Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads. The proposal will also contribute to the allocation of units for intensification Clarington Official Plan 5.2 The Clarington Official Plan designates the property "Urban Residential" and is located within the Built -Up Area of Bowmanville. The proposal for six units would contribute towards the Municipality's Residential Intensification Target and utilize existing public services and infrastructure. Intensification within the Built-up Areas is encouraged and is to be given priority. 5.3 Green Road is designated as Type B Arterial Road in the Clarington Official Plan. It is planned to be redesigned as a four -lane road. It includes pedestrian and cycle connections. The transportation policies state that new development must provide adequate off-street parking and safe egress. The development proposal limits vehicle access onto Green Road by proposing a shared driveway to service all six residential units. 5.4 The Official Plan provides the Urban Structure Typologies for specific areas of the Municipality. These identified areas are where growth and higher intensity built forms are to be directed. The site is located at the edge of a neighbourhood and is adjacent to a Type B Arterial Road (Green Road). The subject lands are required to meet a minimum net density of 19 units per hectare. The proposal is for approximately 35 units per hectare. The built form shall be between 1 to 3 storey and primarily used for ground related units including limited apartments, townhouses, semi-detached, or detached dwellings. The proposal is for three storey semi-detached dwellings. 5.5 Any intensification or infill development, such as the one being proposed, must also consider and respect the surrounding context. Consideration will be given to: • Pattern of lots • Size and configuration of lots • Building types of nearby properties • Height and scale of buildings • Setback of buildings from the street • Rear and side yard setbacks Page 28 Municipality of Clarington Report PDS-056-21 Page 6 5.6 The subject lands are considered a transitional area from the Town Centre and Transportation Hub/ Major Transit Station Area to the low density single detached dwellings on the west side of Green Road. 6. Zoning By-law 6.1 The subject property is zoned "Agricultural (A)", which is a typical zoning category for older lots within the urban areas that have yet to be developed. The "A" Zone does not permit the proposed residential development. An amendment to the Zoning By-law is required to permit the six semi-detached dwelling units. The zoning by-law amendment would need to address the proposed building height, setbacks, frontage, lot area, parking, and landscape open space. 7. Public Notice and Submissions 7.1 Public notice was mailed to each landowner within 120 metres of the subject lands on October 14, 2021. A sign was posted on the property on October 21, 2021, advising of the complete application received by the Municipality and details of the public meeting. 7.2 At the time of writing this report, Staff have received four inquiries with respect to the application. One was a general inquiry about the proposal. The remaining inquiries are from surrounding residents who have expressed the following comments/concerns: • Traffic increase in the neighbourhood. Already a busy area, especially with the school and public bus stops. • Existing noise issues with constant honking in the roundabout. • The amount of development that has taken place in the quiet neighbourhood over the years. Concerned with the increase in densities and the impact on the value of existing homes. • Height of the units proposed. Would prefer two storey units instead of three storeys. • The amount of privacy given the proposal for a 1.2 metre side yard setback to the rear property lines of the existing homes to the south. • Privacy concerns with proposed balconies. • The limited amount of proposed parking for the development. • Proposed vehicle entrance to the site could be a safety concern given the close proximity to the intersection. Page 29 Municipality of Clarington Report PDS-056-21 Page 7 • There is a mature tree in the southwest corner of the subject lands that provides some privacy. Would like to see the tree preserved, currently proposed to be removed. • The character of the proposed units is inconsistent with the rest of the character in the neighbourhood. • Concerned about headlights shining into their homes when vehicles access the proposed laneway. • Property maintenance concerns, especially with snow removal. 7.3 Comments received from the public at this Public Meeting will also be considered and included in the forthcoming recommendation report. 8. Outside Agency Comments Regional Municipality of Durham 8.1 Comments from the Durham Region Planning and Economic Department and the Public Works Department have not been received at the time of writing this report but will be included in a subsequent report. Central Lake Ontario Conservation Authority 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. CP Rail 8.3 CP is generally not in favour of residential uses that are not compatible with rail operations. Should the proposed development be approved in the vicinity of the rail operation, it is requested that the development adheres to the 2013 Proximity Guidelines. Canada Post 8.4 Canada Post will provide mail delivery service to this development through community mailboxes. One site would be required for this development and the location would be determined by Canada Post, Planning and the Applicant. Enbridge Gas 8.5 Enbridge Gas does not object to the proposed application. Page 30 Municipality of Clarington Page 8 Report PDS-056-21 9. Internal Department Comments Clarington Public Works 9.1 Public Works have reviewed the application and have no objection in principle to the proposed development. They have identified a few items that need to be further addressed with the Functional Servicing Report and the proposed Grading Plan. Emergency and Fire Services 9.2 Comments from Emergency and Fire Services Department have not been received at the time of writing this report but will be included in a subsequent report. Building Division 9.3 The Building division has no comments related to the proposed Zoning Bylaw application. 10. Discussion 10.1 The Applicant has applied for a rezoning to facilitate the severance of three lots for 3- storey semi-detached dwellings. The total number of units would be six. Each unit would have vehicle access off an internal driveway from Green Road (See Figure 2). 10.2 In general, the proposal, if approved, would contribute to the Bowmanville intensification targets and utilize existing public infrastructure, including support for public transportation. The site is located in an area of transition between the medium density developments on the east side of Green Road, to the lower density developments on the west side of the subject lands. 10.3 A rezoning is required to rezone the lands from "Agricultural (A)" to an appropriate zone that would facilitate the development of six semi-detached dwelling units. Based on the current provisions for semi-detached dwelling units in the R1 Zone, the implementing zoning by-law for this site would require site specific exceptions to reduce the lot area, frontage, front and rear yard setbacks, outdoor parking requirements, height of the building and the landscaped open space. Page 31 Municipality of Clarington Report PDS-056-21 o0- r. PROPOSED 3-STOREY ' SEMI-DETACHED HOUSE Vr PROPOSED 3-STOREY aea SEMI-DETACHED HOUSE I = = r .,.f PROPOSED 3-STOREY--- SEMI•DETACHED HOUSE g +3 = = -7Aam 'F, F Figure 2 — Proposal for six semi-detached units Page 9 10.4 The proposed landscape area is below the 30% minimum requirement. Soft landscaping is important as it improves the quantity and quality of stormwater runoff, while contributing to the air quality and other environmental factors. Staff will continue to review the application and work with the applicant to maximize the vegetation for the site. 10.5 The height requested is 0.19 m taller than the maximum height of 10.5 m, which is generally used for this type of built form. However, it appears as though the height calculation is taken from the peak of the building instead of at the midpoint of the height of the roof, as per the definition of height in the zoning by-law. Therefore, the buildings may meet the maximum height requirement. The applicant would need to revise the drawings to show the total height of the building from the lowest finished grade to the midpoint of the height of the roof. 10.6 The proposal does not meet the minimum outdoor parking space requirement. Each unit is to have a total of two outdoor parking spaces. The driveway is not wide enough to fit two vehicles side by side. The applicant would need a total of 12 outdoor parking spaces for the six dwelling units. The applicant is proposing 4 parallel parking spaces Page 32 Municipality of Clarington Report PDS-056-21 Page 10 along the shared driveway easement, however, this is still short a total of two parking spaces. Further discussions are needed to address the insufficient outdoor parking. 10.7 The Clarington Official Plan contains urban design policies that would need to be considered when reviewing the application, as mentioned in Section 5.5 of this report. Careful attention and consideration of these policies will contribute to the overall success of the project and assist in creating a development that cohesively ties in with the surrounding context. The design of the site itself should also consider the broader context and conceptually show how it would integrate with a future development at 1582 Green Road, which is a large lot to the immediate north of the subject site. Figure 3 — Proposed elevation for the semi-detached units 10.8 Staff will continue to review the rezoning application and work with the applicant to address all technical matters. Agency and public comments will be addressed in a subsequent recommendations report to Committee and Council. If the rezoning is approved, land severance applications would need to be submitted to the Region of Durham to create the lots. Some design details could, if necessary, be addressed through the conditions of the severance applications. Page 33 Municipality of Clarington Page 11 Report PDS-056-21 11. Concurrence Not Applicable. 12. Conclusion 12.1 The purpose of this report is to provide background information and obtain comments on the proposal for six semi-detached units at the Public Meeting under the Planning Act. Staff will continue to review and process the application, including consideration of department, agency and public feedback and will prepare a subsequent recommendation report for Council's consideration. Comments received at this public meeting will be considered and included in the final recommendation report. Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext 2422 or nzambri(c�clarington.net . Attachments: Not Applicable Interested Parties: List of Interested Parties available from Department. Page 34 Clarbgton 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 Zoning By-law Amendment. Tim Cole has submitted an application for a proposed Zoning By-law Amendment to allow for the creation of a new lot for one sinale-detached dwellina. The application is deemed complete. 3301 Trulls Road, east side of Trulls Road, north of George Reynolds Drive in Courtice. For additional information on the proposed zoning by-law amendment, and the background studies Please contact Aibelle Babista at 905-623-3379, extension 2425, or by email at ababista(a)_clarington. net 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: November 15, 2021 Time: 6:30 p.m. 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, November 12, 2021 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 the Planner by email at ababista(a-).clarington.net by mail or drop box to 40 Temperance Street, Bowmanville, ON L1 C 3A6 prior to the date of the public meeting. File Number: ZBA2021-0010 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 accommodation 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 Ontario Land Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Ontario Land Tribunal, in the opinion of the Tribunal, there are reasonable grounds to do so. Ryan W�ndle, MCIP, RPP, AICP Directo of Planning and Development Services Page 36 Application By: Tim Cole / Stonefield Homes Inc. (Ken Hoy) An application to rezone to facilitate the creation of a new lot for one single detached dwelling at 3301 Trulls Road in Courtice Public Meeting: November 15, 2021 The purpose of this Public Meeting is to hear what the public has to say about the Zoning By-law Amendment application. No decision will be made regarding this application. Page 38 - -DAIS EYFIELD A ENUE- - 0 _�. -��- FOR E� RE NOLDS-DRIVE- ' EFOR E- RE N0LDS-DRl1IE , , =� D �� I GEORGE REYWS DRIVE MeLdw ffdffw�mk - ., - `;-v .4 di Background •Proposed rezoning to facilitate the creation of a new lot for a single detached dwelling •Public Notices mailed by October 15, 2021 • No public comments received - -DAIS EYFIELD A ENUE- - 0 _�. -��- FOR E� RE NOLDS-DRIVE- ' EFOR E- RE N0LDS-DRl1IE , , Clarington Public Meeting 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: November 15, 2021 Report Number: PDS-057-21 Submitted By: Ryan Windle, Director of Planning and Development Services File Number: ZBA2021-0010 Resolution#: Report Subject: An application for Zoning By-law amendment to permit the creation of a new lot for one single detached dwelling at 3301 Trulls Road in Courtice 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-057-21 and any related correspondence be received for information only; 2. That Staff receive and consider comments from the public and Council with respect to the ZBA2021-0010 application; and 3. That all interested parties listed in Report PDS-057-21 and any delegations be advised of Council's decision. Page 43 Municipality of Clarington Report PDS-057-21 Report Overview Page 2 The Municipality is seeking the public's input for an application by Stonefield Homes Inc. The applicant is proposing to rezone the property addressed as 3301 Trulls Road in Courtice from "Agricultural (A)" and "Environmental Protection (EP)" to an urban residential zone to facilitate the creation of a new lot for one single detached dwelling. 1. Application Details 1.1 Owner: Tim Cole 1.2 Applicant/Agent: Ken Hoy of Stonefield Homes Inc. 1.3 Proposal: Proposal to change the zoning from "Agricultural (A)" and Environmental Protection (EP)" to an Urban Residential Zone to allow for the creation of a new lot for one single detached dwelling at 3301 Trulls Road in Courtice. 1.4 Area: 1.5 Location: 1.6 Roll Number: 1.7 Within Built Boundary: 2. Background 2,630.55 square metres 3301 Trulls Road, east of Trulls Road, north of George Reynolds Drive in Courtice (see Figure 1) 18-17-010-090-24400 Yes 2.1 On May 18, 2021, Ken Hoy on behalf of the owner Tim Cole, submitted an application for rezoning to permit the above proposal. The required documents, plans and studies were submitted following a letter from Staff noting an incomplete application on July 7, 2021. The application was deemed to be complete on September 23, 2021. 2.2 The following studies were submitted by the applicant and will be discussed in a future report: • A signed record of the Pre -Consultation minutes; • Zoning By-law Amendment application form and Site Screening Questionnaire; • SitePlan/Grading Plan with building envelope(s) and driveway locations; • Site Survey from DFP Surveyors; Page 44 Municipality of Clarington Page 3 Report PDS-057-21 • Noise Impact Study; and • Scoped Environmental Impact Study Figure 1 — Lands subject to rezoning application 3. Land Characteristics and Surrounding Uses 3.1 The subject property consists of one single detached dwelling, a swimming pool in the rear yard and an accessory structure in the north-east corner of the proposed parcel. Page 45 Municipality of Clarington Report PDS-057-21 Page 4 Figure 2 — Existing dwelling on the property Figure 3 — Area of proposed severance and new dwelling Page 46 Municipality of Clarington Page 5 Report PDS-057-21 3.2 The subject property and surrounding land uses are residential with existing single detached dwellings. Figure 4 — Street view of abutting corner detached dwelling abutting south of the subject property Figure 5 — Abutting single detached dwellings north of the subject property Page 47 Municipality of Clarington Report PDS-057-21 Figure 6 — Detached bungalows north-west of the subject property Figure 7 — Single detached dwellings south-west of the subject property Page 6 Municipality of Clarington Report PDS-057-21 3.3 The land uses on abutting properties include: North — Urban Residential South — Urban Residential East — Environmental Protection West — Urban Residential 4. Provincial Policy The Provincial Policy Statement Page 7 4.1 The Provincial Policy Statement (PPS) promotes residential intensification within a settlement area that utilizes existing services. The Provincial Growth Plan 4.2 The Provincial Growth Plan generally encourages intensification within settlement areas that makes efficient use of the land and existing services while maintaining neighbourhood character. 5. Official Plans Durham Regional Official Plan The subject property is designated Living Areas in the Durham Regional Official Plan. The policies of the Plan generally promote infill and intensification. Clarington Official Plan 5.1 The subject property is designated Urban Residential — Low Density in the Clarington Official Plan. 6. Zoning By-law 6.1 The subject property is currently zoned "Agricultural (A)" and "Environmental Protection (EP)" in Zoning By-law 84-63. The "A" Zone is a typical zone category for older lots within urban areas that have not yet been developed. The "EP" Zone regulates the rear portion of the property where there are minimal natural features and where the existing dwelling and accessory structures exist. The proposed use on the property is one additional single detached dwelling. An appropropriate zone that permits a single detached dwelling is the "Urban Residential Type One (R1)" Zone. Page 49 Municipality of Clarington Page 8 Report PDS-057-21 6.2 The "R1" Zone requires a minimum lot frontage of 15 metres for a single detached dwelling interior lot, and a minimum lot area of 460 square metres. The proposed severed lot has a lot frontage of approximately 17 metres, and an approximate lot area of 969 square metres — which would comply with the "R1" Zone requirements for lot area and frontage. The proposed retained lot with the existing single detached dwelling would also comply with the "R1" Zone requirements for lot area and frontage. 7. Public Notice and Submissions 7.1 Public Notice was mailed to each landowner within 120 metres of the subject site and Public Notice Signage was installed on the property fronting Trulls Road by October 15, 2021. 7.2 At the time of drafting this report, no public inquiries were received regarding the application. 8. Agency Comments Regional Municipality of Durham 8.1 The Region of Durham has reviewed the application and offered comments with respect to conformity to Provincial Policy, the Regional Official Plan (ROP) and delegated Provincial Review Responsibilities and servicing. 8.2 The proposal appears to be consistent with the direction of the Provincial Policy Statement (PPS) and the Growth Plan. The proposal to intensify the existing area will contribute to intensification, which conforms to the policies of the ROP. 8.3 The Region of Durham has reviewed the Scoped Environmental Impact Study (EIS), prepared by GHD, and will rely on the Central Lake Ontario Conservation Authority (CLOCA) to review the EIS and confirm it's conclusions for the site. The Region also reviewed the Noise Impact Study, prepared by YCA Engineering Limited, dated March 30, 2021, and requires the applicant to implement the mitigation measures in a development agreement with the Municipality of Clarington, to the satisfaction of the Region. 8.4 A Regional Site Screening Questionnaire (SSQ) that was submitted requires signature from the applicant(s). The Declarations page of the SSQ must also be completed with the necessary signatures. 8.5 Regarding servicing, the Region will require frontage charges and other charges related to the installation of sanitary sewer service connections. At the time of the related Land Division application and Building Permit issuance, the Region will require other charges applicable. Page 50 Municipality of Clarington Report PDS-057-21 Page 9 8.6 The Region of Durham has no concerns with the proposed rezoning of the subject site, pending the implementation of the mitigation measures stated in the Noise Study, the signing of the SSQ, and the review of the EIS prior to the passing of the zoning by-law amendment. Central Lake Ontario Conservation Authority (CLOCA) 8.7 CLOCA has reviewed the application including the Scoped Environmental Imact Study (EIS). CLOCA's Environmental Engineering staff is concerned with the proposed building and driveway potentially impacting the water quality of runoff, and increasing imperviousness on the property. Staff require additional detailed drawings and updates regarding the Low Impact Development (LID) measures such as pervious pavers, bioswales or rain gardens. Erosion and sediment control measures must also be indicated on the revised plans and be implemented during construction until the property is fully stabilized. 9. Departmental Comments Public Works Department 9.1 The Clarington Public Works Department has reviewed the application and have no objection to the proposed rezoning of the subject property, and offered comments applicable to the future Land Division Application. Emergency and Fire Services Department 9.2 The Clarington Emergency and Fire Services Department has reviewed the application and found no fire safety concerns on the submitted drawings. Building Division of Planning and Development Services Department 9.3 The Building Division of the Planning and Development Services Department has reviewed the application and has no comments. 10. Discussion 10.1 The existing dwelling and southern driveway on the subject property would remain. The existing northern driveway would partially be reused to provide access to the proposed dwelling. Page 51 Municipality of Clarington Report PDS-057-21 Figure 8 — Existing and proposed dwelling on the subject property Page 10 10.2 The current site plan drawings show that all accessory structures including the rear yard deck abutting the existing dwelling, the rear yard pool, and the frame shed in the northeast corner of the property, would remain. No trees on the property are proposed to be removed. The northern portion of the property would become the new single detached dwelling lot. There are no existing natural features on the proposed lot. 10.3 Both the retained and proposed lots and the existing and proposed building and structures, appear to be in compliance with the "R1" Zone regulations — except for the garage projections. If the re -zoning is approved and upon receipt of revised drawings, Staff would ensure the proposed single detached dwelling abides by the recommendations from the studies and commenting agencies through the land division process. Page 52 Municipality of Clarington Report PDS-057-21 11. Concurrence Not Applicable. 12. Conclusion Page 11 The purpose of this report is to provide background information on the proposal submitted by Stonefield Homes Inc. for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues and comments received. Staff Contact: Aibelle Babista, Planner I, 905-623-3379 extension 2425 or ababista(a)-clarington.net . Attachments: Not Applicable Interested Parties: The following interested parties will be notified of Council's decision: Tim Cole Ken Hoy Page 53 Envision Durham Project Overview Municipality of Clarington — Planning and Development Committee November 15, 2021 ENVISION • DURHAM L. •� - rxp T ..< & Ad Page 54 Planning Act Provincial Plans & Policies Regional Official Plan Area Municipal Official Plan Zoning By-law, Site Plan Control, Minor Variance, etc. Page 55 Envision Durham N �.F -- v Provincial plan and policy conformity • Incorporating relevant initiatives from Council adopted plans and strategies • Comments and submissions on Discussion Papers • Suggestions on improving the axictina RnP ENVISION • DURHAMI Our Region. Our Plan. Our Future. A Place to Grow 0 OURHAM TRANSPORTATION MASTER PLAN 2017 r Page 515 Provincial Policy Statement, 2020 �10- CONNECTING OUR COMMUNITIFS Ww" No IMM111 change • Dedicated web page �k : f„ess �� spaces nib • r� L��, � rml areas space On-line surveysgreen urban sing le sin two dig local 9 « Public service , homes build Affordable announcements : Sum].�� W • Employment 4 development ��w�. aphoas Pop-up kiosks Face Roads ' " " . 6 Comm l 6 LliiL• WO r k I n r0 U S Developer i{i��ar�a ix1 _: F; � a� work s g groups � �� «, � t'TPAi1�� norm �f h lI�IF "a eel ilk w "M ow 20 AMWG Meeting 4 CAW Meetir 28 hk gional ;ttee. sports W Theme -based Discussion Papers,ff.,--." ' :_rj&;rW ' — - - aF A9agement & Outreach FUpli[ COWW n k ySuffl :ry Environment & Greenlands System Discussion Paper 77770))) DURHAM REGION 0 culture & l System Discussion Paper Transportation System piscussio� Paper Climate Change & Sustainability Discussion Pap, .., m�moemre�v AL;; Housing Policy Planning g Urs�uuion Paper 7 Growth Management UrW System - Discussion Pape: ate. �rnz�w L� ajor Transit Station Areas Proposed Policy Directions aeamevmzu Ea I Id F ms, --%L:7 -�- :a . , -}. . - - - ft% { # ` a' 4F _— J Prosperous Economy Healthy Communities Supportive Infrastructure L-4.1 Vibrant Urban System � J Thriving Rural System Protected Greenlands System Connected Transportation System Page 59 1.1 Protected Major Transit Station Areas14 L , 10001, . t f r Or - r I • WOOF*t f., I A POI fA ow *.f��►� Ow0000 Op00% QF 4 i OR Region -wide Land Needs Analysis - Region -wide Growth Forecast - Housing Intensification Study - Employment Strategy -Community Area Land Needs Local Allocation Policy Recommendations and Land Needs Analysis and input into new ROP Page 61 $ A Place to Grow Growth Man for the Greater Golden Horseshoe Office Consolidation 2020 Ontario-ca/growthplanning Page 62 01 _wa Kale— ! 1: � �. Region -Wide Growth Analysis Technical Report Chapter t of the Region of Durham Growth Management Strategy: Land Needs Analysis June M21 Watson STRATEGIES INC . July 2 L L LJ_ rll 6 2,7 C. O O o o - Housing Intensification Technical Report Chapter 2 of the Region of Durham Growth Management Strategy: Land Needs Analysis Aug.024,2021 ojWa�t5o�n RBA STRATEGIES INC September 3 AF, 140. DURHAMI Our Region. Our Plan. Our Future. Page 153 •��t• � ,,.� - .,yam � LL- . ��r i� • i -,, 0�7_ O O 0.`:av Employment Strategy Technical Report Chapter 3 of the Region of Durham Growth Management Strategy: Land Needs Analysis 9Watson URBAN &Aseeclass STRATEGIES INC . September 24 Ililr =�� i 0. Community Area Urban Land Needs Technical Report Chapter 4 of the Region of Durham Growth Management Strategy: Land Needs Analysis .AWatson URBAN 7icA STRATEGIES INC October 1 all Key components • Assesses the 2051 population and employment forecast for Durham. • Establishes that 240,900 households required between 2016 and 2051. • Forecasts rates of growth, people per unit, and unit mix. • Assesses key Regional trends, including demographics, housing affordability, and development activity. EEEI i Region -Wide Growth Analysis Technical Report Chapter 1 of the Region of Durham Growth Management Strategy: Land Needs Analysis June 2021 �Watson URBAN BAsaociaces STRATEGIES E oro. s.s ro INC Page 64 Key components • Evaluates the supply and demand for housing within the Region's Built -Up Areas. • Provides recommendations on an appropriate intensification target for the Region, with consideration of the minimum target of 50% established in the Growth Plan. • Provides projected/possible dwelling unit supply by housing type in key intensification areas. • Considers forecast demand of housing types. Housing Intensification Technical Report Chapter 2 of the Region of Durham Growth Management 3lrategy: (rand Needs Analysis ,uWM24.2021 atso� URBAN St'RATEMES INC Page 65 12 { # " Key components • Assesses trends in employment and analyzes the current state of the Region's Employment Areas. • Recommendations on Employment Area conversion requests. • Recommended density targets for Employment Areas. • Assesses the supply of Employment Areas and provides recommendations on additional urban land for employment land related jobs to 2051. e. 0 0 o a Employment Strategy Technical Report Chapter 3 of the Region of Durham Growth Management Strategy: Land Needs Analysis Watson URBAN STRATEGIES INC Page 66 Key components • Evaluates the existing state, current trends, and long-term development potential of Designated Greenfield Areas (DGA). • Provides recommendations on additional urban area land required to accommodate residential units and population related jobs to 2051. • Provides recommended density targets for DGA with consideration of the minimum target of 50 residents and jobs per hectare established in the Growth Plan. 7T_ W- e o o �- Community Area Urban Land Needs Technical Report Chapter 4 of the Region of Durham Growth Management Strategy: Land Needs Analysis Watson URBAN a +� •, STRATEGIES INC Page 67 Growth Management Study — Phase 1 OM 1M Noe Phase 1: Land Needs Assessment, Growth Forecast, Employment Area Conversions o F W k B BER-22L7 L F%-•T I BER=36 BER-4?BER-02 BER-65 1 9ER-07 BER-03 BER-43 B RI aHin BER-64 W clear Generati Station Municipality of Clarington BER B Lake Ontario re. araska- 1 Page 69 16 F.ENVISION__ AW DURHAM 4-0 • December 2021 • Employment Area conversions • MTSA Recommended Amendment • 2022 • Natural Heritage System and Provincial Agricultural System Mapping • Update on LNA alternative growth scenario analysis • Phase 1 LNA Summary Recommendations • Commence Phase 2 of Growth Management Study — geographic allocations of growth • Draft new Regional Official Plan Page 70 nfo it ct0e qLF � liri . DURHAM • REGION t d u r h a m. c a / E n v i s i o n Durham Envision Durham @du rham-ca ' t Page 71 0 Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 15, 2021 Report Number: PDS-058-21 Submitted By: Ryan Windle, Director of Planning and Development Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: ZBA2021-0023 By-law Number: Report Subject: An Application by National Homes (Prestonvale) Inc. for the removal of (H) Holding symbol to permit a total of 112 townhouse units at the northeast corner of Prestonvale Road and Bloor Street, Courtice Recommendations: 1. That Report PDS-058-21 and any related communication items, be received; 2. That the By-law attached to Report PDS-058-21, as Attachment 1, be approved; 3. That Council's decision and a copy of Report PSD-058-21 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and 4. That all interested parties listed in Report PDS-058-21 and any delegations be advised of Council's decision. Page 72 Municipality of Clarington Report PDS-058-21 Report Overview Page 2 This report is recommending approval of an application by National Homes (Prestonvale) Inc. to remove the (H) Holding symbol which would have the effect of allowing the construction of 112 townhouse units to proceed. 1. Application Details 1.1 Owner/Applicant 1.2 Proposal: 1.3 Area: 1.4 Location: 1.5 Roll Number(s) 1.6 Within Built Boundary: 2. Background National Homes (Prestonvale) Inc. Removal of (H) Holding symbol from: "Holding — Urban Residential Exception ((H)R3-58) Zone" 2.29 hectares Northeast corner of Prestonvale Road and Bloor Street (see Figure 1) ilE:11wall to] 1I01a1W1I1I1T.Mii`E:11wall to] 1I101111I8:11It, Yes 2.1 The subject lands are within a registered plan of subdivision and zoned to permit a total of 112 townhouse units. While the approval of the Draft Plan of Subdivision was recommended before the Planning and Development Committee and Council, and eventually approved by the Director of Planning Services, the associated rezoning application (ZBA2017-0032) was appealed the Ontario Land Tribunal (formerly known as the Ontario Local Planning Appeal Tribunal) due to a failure of decision by the Municipality within the prescribed time frame. Prior to a formal hearing the parties settled the appeal and in December 2019 the By-law was approved. Page 73 Municipality of Clarington Report PDS-058-21 tp ' —M Link Townhouse Dwellings (2-3 Storeys) Private Road h--I Stacked Townhouse Dweilings (Up To 4 Storeys) 0 Subject Property ■ Amenity Space / Stormwater Management Proposed Future Trail Visitor Parking Environmental Protection Area Oe • r j _ _ Open Space . Lands Owned t 8y The w �• �� 1� Municipality o Glarin ton - :,. �� .. FN s n Townhouse / Apartment i Q Site Page 3 Figure 1 — Subject lands illustrating proposed townhouse blocks 2.2 The standard direction from the Planning and Development Committee and Council endorsing the process to remove the (H) Holding symbol at such time as Staff deems it appropriate is not available as a result of the LPAT process. This has resulted in this standalone application to remove the (H) Holding symbol. 2.3 The Subject property is zoned "Holding — Urban Residential Exception ((H)R3-58) Zone". To proceed with the release of building permits for the proposed townhouse development, the (H) Holding symbol must be removed from (H)R3-58 zone. Page 74 Municipality of Clarington Report PDS-058-21 3. Staff Comments Page 4 3.1 The Holding (H) symbol is a provision enabled by the Official Plan and Zoning By-law to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and financial obligations, and any other requirements as may be deemed necessary by Council including the implementation of the policies of this Plan. 3.2 The site -specific Zoning By-law Amendment approved by LPAT also included additional provisions for removal of the (H) Symbol, including: a) Stormwater outlet location and design prepared by a qualified Engineer, Environmental Consultant and related disciplines to the satisfaction of the Director of Engineering Services, the Director of Planning Services and the Central Lake Ontario Conservation Authority; b) Tree removals justification and compensation plan prepared by a qualified Environmental Consultant, Arborist and Landscape Architect to the satisfaction Director of Engineering Services, the Director of Planning Services and the Central Lake Ontario Conservation Authority; c) Final subdivision approval for the purposes of creating blocks for residential development, and the conveyance of Open Space lands to the Municipality of Clarington; and d) Approval of site plan drawings and execution of a Site Plan Agreement. 3.3 Council must be satisfied that the provisions of the Official Plan and Zoning By-law are met prior to removing the Holding symbol. 3.4 The subdivision and site plan approvals have now been finalized. The additional provisions for removal of the (H) Symbol identified in Paragraph 3.2 above were satisfied as part of the final approval process and are considered fulfilled. The applicant has entered into a subdivision and site plan agreement with the Municipality and the subdivision plan was registered on August 24, 2021 as Plan 40M-2702. The Municipality is in receipt of all securities and payments. 3.5 The developer is currently on site installing underground services and private lanes and will be applying for building permits in the coming months. 3.6 The applicant has filled all conditions of approval within the Subdivision and Site Plan Agreements to allow for the issuance of building permits on site and it is appropriate to now recommend the removal of the (H) Holding Symbol in accordance with the provisions of the Official Plan and Zoning By-law. 3.6 All taxes owing to the Municipality of Clarington are paid in full. Page 75 Municipality of Clarington Page 5 Report PDS-058-21 4. Concurrence Not Applicable. 5. Conclusion 5.1 In consideration of the comments noted above, approval of the removal of the "Holding H)" symbol on the subject lands as shown on the attached By-law and schedule (Attachment 1) is recommended. Staff Contact: Anne Taylor Scott, Principal Planner, 905-623-3379 extension 2414 or ataylorscott(ab_clarington.net . Attachments: Attachment 1 — By -Law and Schedule Interested Parties: The following interested parties will be notified of Council's decision: Page 76 Attachment 1 to Report PDS-058-21 The Corporation of the Municipality of Clarington By-law Number 2021- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit the development of 112 townhouse units on the subject lands (ZBA2021-0023); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 'A" (Courtice)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding — Urban Residential Exception ((H)R3-58) Zone" to "Urban Residential Exception (R3-58) Zone"; as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. By -Law passed in open session this day of , 2021. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 77 Attachment 1 to Report PDS-058-21 This is Schedule "A" to By-law 2021- , passed this day of , 2021 A.D. MEADOWGLADE ROAD Q w �,. CALE AVENUE O w a Ce Ca u 0 w � V BLOOR STREET M Zoning change From'(H)'R3-58' To'R3-58' N Courtice ZBA 2021-0023 Schedule 4 • Page 78 Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 15, 2021 Report Number: PDS-059-21 Submitted By: Reviewed By: Ryan Windle, Director of Planning and Development Services Andrew C. Allison, CAO By-law Number: File Number: PLN17.1.6 Resolution#: Report Subject: Environmental Stewardship - 2021 Annual Report Recommendation: 1. That Report PDS-059-21 and any related communications be received for information; and 2. That all interested parties listed in Report PDS-059-21 and any delegations be advised of Council's decision. Page 79 Municipality of Clarington Report PDS-059-21 Report Overview Page 2 Council provides annual funding for an ongoing Environmental Stewardship Program. The program encourages citizens and groups to carry out initiatives that improve municipal lands; such as valleylands and natural areas. Since 2011, a key component of this program has included the replanting of trees along rural roads. The benefits of the program go beyond the monetary value of the projects, and include ecological enhancement, climate change mitigation, community beautification, preservation of historical landscapes, education and research, and community engagement through volunteerism. In 2021, the Environmental Stewardship Program continued to support the Trees for Rural Roads initiative, contributing to the planting of 860 saplings and 10 shrubs along rural roads in Clarington. 1. Background 1.1 Beginning in 2002, Council has provided annual funding for an ongoing Environmental Stewardship Program. When approving projects for funding, Staff review projects to ensure general public benefit, matching in -kind contributions (labour and/or materials), and the project meets the long-term objectives of the Municipality. 1.2 The purpose of this report is to inform Council of how the funds were used in 2021. 1.3 The 2022 budget will include a request for an increase in funding from $15,000 to $20,000. This will ensure the program will continue in the same manner it has in prior years. There is both an increase in demand and the cost of the supplies. 2. 2021 Stewardship Projects Trees for Rural Roads 2.1 In 2012, Clarington initiated the Trees for Rural Roads (TRR) program in partnership with Central Lake Ontario Conservation Authority (CLOCA) and Ganaraska Region Conservation Authority (GRCA). The goal of the program is to plant trees along country roads for the benefit of the environment and local communities. Increasing tree canopy cover improves wildlife habitat and enhances environmental services, including carbon sequestration and cooling of roadways, while preserving the historical rural aesthetics of the area. 2.2 The TRR program is announced through articles in local newspapers, the planning E- update and the Municipal website and social media. Trees are offered free of charge to rural residents to be planted on private property adjacent to municipal roadways. Participants have their choice of native tree species, including sugar, silver and red maples, white pine, white spruce, white birch, and red and white oak. '� Municipality of Clarington Report PDS-059-21 Page 3 2.3 Applications are reviewed by the applicable Conservation Authority staff to ensure planting locations support the intent of the program, do not conflict with infrastructure, and trees have an appropriate separation from each other and from the road. 2.4 The 2021 application intake window ran from February 2, 2021 to March 31, 2021 and was quickly followed by the distribution by Staff (as seen in figure 1) of 860 saplings to 59 rural property owners throughout Clarington (Attachment 1 — Map of the roadways planted in 2021). Figure 1: The plants were quickly distributed to property owners by Staff. 2.5 To support property owners who have site limitations that restrict their ability to plant trees (e.g. overhead utilities), a native shrub pilot project was trialled as part of the 2020 TRR program. Three native shrub species, Nannyberry, Highbush Cranberry and Serviceberry, continued to be available in 2021. The provision of shrubs was at the discretion of the Conservation Authority. In total, 10 shrubs were distributed to two property owners throughout Clarington (incorporated into Attachment 1 — Map of the roadways planted in 2021). 2.6 This year Staff reviewed cumulative project data from 2012-2021. Since the outset of the project in 2012, native trees and shrubs have been delivered to 301 different properties in the project area. (Attachment 2 — Map of the roadways planted 2012- 2021). Over the course of the project 7,404 trees and 60 shrubs have been provided to 299 different property owners from across rural Clarington. Page 81 Municipality of Clarington Report PDS-059-21 Page 4 Figure 2: Staff practiced appropriate social distancing when loading and delivering plants 2.7 Due to the ongoing COVID-19 situation, contactless drop-off services were provided, delivered by Staff from Community Services in 2020 and again in 2021. As seen in figure 2, Staff practiced appropriate social distancing when loading and delivering plants and were not approached by any program participants. 2.8 Since 2013, the TRR program has received partial funding through Maple Leaves Forever, a registered charity that advocates and supports the planting of native Canadian maples across the rural and urban landscape of southern Ontario. Native maples were subsidized at a rate of one third of the purchase price of the planting stock. Since 2019, a tribute grant has also been received from the Highway of Heroes program. 3. Concurrence Not Applicable. 4. Conclusion 4.1 The Environmental Stewardship Program in Clarington is an initiative that has been well received in the community. Since 2002, over $195,000 has been invested in numerous projects; however, the value of the in -kind contributions multiplies the benefits many times over. The benefits go well beyond the monetary value of the projects to include ecological enhancement, climate change mitigation, community beautification, preservation of historical landscapes, education and research, and community engagement through volunteerism. Page 82 Municipality of Clarington Report PDS-059-21 Page 5 4.2 Clarington "led the way" with the introduction of the TRR program in 2012. Since then, the program has been adopted and adapted by other local municipalities and continues to garner interest. 4.3 The 2022 Planning and Development Services budget includes an increase in the budget for this program. Staff Contact: Amy Burke, Senior Planner, 905-623-3379 x 2423 or aburke(@clarington.net; Andrew Payne, Planner, 905-623-3379 x 2421 or apayne _clarington.net. Attachments: Attachment 1 — Map of the Roadways Planted in 2021 Attachment 2 — Map of the Roadways Planted from 2012-2021 Interested Parties: There are no interested parties to be notified of Council's decision. Page 83 Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 15, 2021 Report Number: PDS-060-21 Submitted By: Ryan Windle, Director of Planning and Development Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: PLN 37.0.1 Resolution#: Report Subject: Seasonal Sidewalk Patio Program Results 2021, Guidelines, and Procedures Recommendations: 1. That Report PDS-060-21 and any related communications be received for information; 2. That all interested parties and any delegations be advised of Council's decision. '� Municipality of Clarington Report PDS-060-21 Report Overview Page 2 In 2017, Council approved a pilot project to permit restaurants in downtown Bowmanville and Newcastle to establish sidewalk patios within Municipal rights -of -way. Staff developed guidelines and approval procedures in support of the program and coordinated the design and construction of patio and sidewalk extension infrastructure at one restaurant location in each of the two downtowns. An outdoor patio was added to Orono's downtown in 2020. Interest in the Program has been steady over the last few years. Throughout the ongoing COVID-19 pandemic, it has provided an opportunity for restaurants to offer sit-down dining, al fresco. This report provides an overview of the 2021 Sidewalk Patio Program and updates in light of the experience implementing the Program to date. 1. Background 1.1. Seasonal sidewalk patios were identified by Council as a streetscape element that would help to enliven Clarington's historic downtowns. Sidewalk patios are located within the municipal right-of-way and are intended to improve liveability, enhance pedestrian experience, and support local businesses. 1.2. In May 2017 Council adopted the recommendations of Planning Services Department Report PSD-033-2017 to: (i) Approve a pilot project to permit restaurants in downtown Bowmanville and Newcastle to use on -street parking to establish seasonal sidewalk patios; (ii) Direct staff to develop guidelines and approval procedures for privately initiated seasonal sidewalk patios on municipal rights -of -way for the 2018 summer season; and (iii)Allocate $15,000 from the 2017 and prior years' Community Improvement Plan (CIP) grant funds for Bowmanville and Newcastle to provide an incentive to assist an eligible restaurant with the implementation of a patio. 1.3. In 2018, Report PSD-006-18 presented guidelines and approval procedures for sidewalk patios, and Council approved the Application process for Seasonal Sidewalk Patios on Municipal Property. 1.4. The Seasonal Sidewalk Patio Program was developed in consultation with restaurant owners in the Bowmanville and Newcastle downtowns and the applicable Business Page 87 Municipality of Clarington Report PDS-060-21 Page 3 Improvement Associations (BIA). Input considered in the development of the Program included (i) assurance the patios would be available for more than a single season to the restauranteurs in order to justify their investment in the patio infrastructure (outdoor furniture, lighting, heaters etc.), and (ii) the ability to serve alcohol within the patio areas. 1.5. Walsh's Snug in Newcastle and Three -Six Kitchen in Bowmanville participated in the pilot Program and operated patios during the inaugural 2018 season. Staff worked with the restaurants to ensure the patio platforms met accessibility requirements and were sized to accommodate the desired number of seats/servers and liquor license requirements. 1.6. Feedback collected from participating restaurants and patrons after the first sidewalk patio season in 2018 was generally positive. Restaurant owners advised the patios were a success that translated into new customers, and additional staff. Planning Services staff conducted a survey of patio patrons that indicated the sidewalk patios were a welcome addition, and visitors had stopped in the downtown areas because of the patios. Often these patrons went on to visit other local shops. Both Three -Six Kitchen and Walsh's Snug operated their patios again throughout the 2019 season. Walsh's Snug has continued to participate in the Program each season. Three -Six Kitchen has opted out of the patio during the pandemic in order to focus on curbside pick-up. 1.7. In 2019, Council adopted the recommendation in Report PSD-002-19 which expanded the Seasonal Sidewalk Patio Program to Orono, and included the allocation of funds from Orono's CIP to provide a similar incentive for the platform construction. 1.8. In preparation for the 2020 season, the Program Guidelines, Application Form, and Sidewalk Patio License Fee were updated to reflect feedback received and experience gained through the implementation of the Program. Such changes were outlined in detail in Report PSD-053-19. Additional modifications to the Program were implemented throughout the 2020 season in order to adjust to the evolving pandemic situation. These changes, initially outlined in Report PDS-005-21, have been carried forward through the 2021 season and are summarized in Section 2, below. 2. The 2021 Sidewalk Patio Season 2.1. The 2021 Sidewalk Patio Season again took place while the Province was under pandemic -related service restrictions, which presented unique challenges and opportunities. Program participation has remained steady relative to the 2020 season, as restaurants made the most of patios to offer patrons a sit-down al fresco dining option. Municipality of Clarington Page 4 Report PDS-060-21 2.2. Walsh's Snug and the Massey House in Newcastle, and Fire Hall Bistro in Orono operated sidewalk patios throughout the 2021 season. Endivine Bar and Grill in Bowmanville applied to establish a sidewalk patio at the beginning of the season but chose not to pursue its application, given the reduced capacity of the patio, and their much larger COVID-19 Temporary patio located behind the restaurant. As noted, Three - Six Kitchen opted to focus on the curbside pick-up component of the business rather than use the parking spaces in front of their restaurant for the patio. Figure 1: Walsh's Snug Patio, Newcastle Figure 2: Massey House Patio, Newcastle Figure I Fire Hall Bistro Patio, Orono Page 89 Municipality of Clarington Report PDS-060-21 Page 5 2.3. Star Apples restaurant in Bowmanville also re-established its sidewalk patio this season, using a similar configuration to the patio as previous years. The patio is entirely contained on private property and therefore no application was required. The same is true for the Newcastle House. 2.4. Council allocated funding totalling $15,000 from the downtown Community Improvement Plan grant funds for each community to support the cost of the construction of patio infrastructure for newly participating restaurants in 2021. No new seasonal patios were constructed and installed during the 2021 season. The funds allocated in 2021 will be carried forward and made available to support new additions to the Program in 2022, should we receive any requests. 2.5. Restaurants have provided feedback indicating the importance of sidewalk patios to the business during a time when conventional operations have not been possible. Other feedback has related to the functionality of the sidewalk patio infrastructure given physical distancing requirements significantly reduce seating capacity. 2.6. Staff has also heard the $1,725.00 Sidewalk Patio License Fee, and the costs associated with patio infrastructure, patio furniture, and safety and landscaping barriers presented challenges to those participating in the Program, particularly given the ongoing impacts of the pandemic on businesses' revenues. 2.7. Clarington's COVID-19 Community Improvement Plan approved by Council in fall 2020 includes a grant program to assist with patio -related costs, subject to the restaurant satisfying the eligibility criteria and a financial means test. However, it has been noted that documentation requirements to satisfy the means test are onerous for businesses during this particularly stressful time. 2.8. Seasonal sidewalk patio infrastructure remained in place until the last week of October this year, at which point removal was necessary to prepare for winter road maintenance. I I imele1v/ 1115Lai an Me 2.9. This annual report typically deals exclusively with Clarington's Seasonal Sidewalk Patio Program. However, it is important to provide a brief overview of patios in the context of the COVID-19 pandemic. 2.10. In June 2020, the Alcohol and Gaming Commission of Ontario (AGCO) announced that liquor sales licensees were able to temporarily extend their patios or temporarily add a new licensed patio adjacent to the premises for the duration of 2020, once they were permitted to open. Licensees were required to demonstrate the municipality did not Page 90 Municipality of Clarington Page 6 Report PDS-060-21 object to the patio, and they were able to comply with applicable physical distancing requirements. 2.11. In December 2020, the Province announced amendments to a number of regulations to support businesses as they recover. These included amendments to Ontario Regulation 719 under the Liquor License Act to enable an extension of the permission for temporary patios. Subsequently, the Registrar of the AGCO indicated support for the continuation of the current permissions until the end of 2021. 2.12. In 2020, Council directed staff to (i) adapt the existing Sidewalk Patio Program process and application form to deal with temporary COVI D-1 9-related patios (ii) work with participating restaurants to ensure all applicable safety and accessibility requirements are met, and (iii) incorporate a grant program to support the cost of establishing outdoor seating areas into the COVID-19 CIP. 2.13. Thirteen local restaurants took advantage of the opportunity to create outdoor eating areas to offset the restrictions on indoor dining. In some cases, temporary patios were located along municipal rights -of -way while other businesses created outdoor seating areas on private property, typically by reducing parking space availability. 2.14. Costs associated with the set-up and furnishing of new or expanded COVID-19-related outdoor seating areas are eligible for funding under the Adaptation to Outdoor Operation grant included in the COVID-19 CIP. Qualifying restaurants were encouraged to apply for a grant to assist with such costs. 2.15. Modifications to the COVID-19 CIP were approved by Council in June 2021 to address implementation challenges, and to account for second and third wave Iockdowns. The Plan was also amended to exempt restaurants applying for a grant to cover the Sidewalk Patio Licence Fee from the means test requirements. 2.16. Staff will monitor new information relating to patios as it becomes available and will continue to work with participating restaurants for the duration that the temporary patio permissions are in effect. Adjustments to the temporary COVID-19-related patio process may be necessary as the pandemic situation evolves and new adaptation strategies emerge. 3. Guidelines and Approval Procedure for Seasonal Sidewalk Patios 3.1. In 2018, Municipal staff developed a Seasonal Sidewalk Patio approval process and an application form that outlines all the applicable requirements and guidelines (Attachment 1). The process and form have been reviewed and updated as necessary Page 91 Municipality of Clarington Report PDS-060-21 Page 7 after each patio season to reflect feedback received on the process, experience gained through the implementation of the program, and the actual operating costs. 3.2. In preparation for the 2022 season, a condition has been added to the application form (Attachment 1) under the patio Design Requirements section to address patio enclosure and heating, as follows: `The outdoor patio shall remain open on all sides and shall not contain any source of heating.' 3.3. The above noted condition has been added to address concerns brought forward by Emergency and Fire Services in response to safety issues arising during the previous two pandemic patio seasons. Restaurants pursuing such patio components will be required to submit necessary documentation detailing the design of any proposed enclosure or heating source to be reviewed and explicitly approved by the Municipality on case by case basis each season. Any exceptions to the condition would be detailed in the written letter of approval of the Seasonal Sidewalk Patio application. 3.4. The Municipality has been responsible for design and construction of the patio infrastructure in order to ensure any rerouting of the sidewalk (if necessary) and install/removal is carried out in a safe and appropriate manner. The Municipality provides off -site winter storage of the patios. 3.5. In 2020, staff worked closely with the contractor who constructed the three new sidewalk patios for the 2020 season in an effort to increase efficiency and decrease the cost of the patio set-up/removal process and maximize the Municipality's investment in sidewalk patio infrastructure. Through this collaboration, the design of the patio infrastructure was standardized, enabling it to be installed at and used by any qualifying restaurant. Further, the patios have been constructed to enable them to be transported in a standard pick-up truck, simplifying the process and reducing the need for and cost of specialized rental equipment. 3.6. Initially, the installation and removal of the patio was carried out by a contractor arranged by the Municipality, the cost of which was to be covered by the Sidewalk Patio License Fee. Beginning in fall 2019, Public Works staff has handled the set-up/removal of patio infrastructure. This modification to the process has helped to reduce and better anticipate costs. Restaurant owners are responsible for the patio area once installed, including safety barriers and planters, furniture, lighting etc., and are required to provide site plan drawings of the patio area proposed to occupy municipal property. As the patios age their replacement will be the responsibility of the restaurant and meet the design and construction plans to be approved by the Municipality. 3.7. In preparation for the 2020 patio season, the Sidewalk Patio License Fee was increased by 15% to $1,725 to better reflect the costs associated with the set-up/removal of the Page 92 Municipality of Clarington Report PDS-060-21 Page 8 patios at the beginning and end of each season. A License Fee increase is not recommended at this time; however, the Fee may be subject to an annual increase (approximately 3%) applicable to all Planning applications. The Fee is an eligible cost under the COVID-19 CIP grant program, and as a result of the recent amendment to the COVID-19 CIP, is exempt from the financial means test component of the CIP Program. 3.8. Restaurants applying for sidewalk patios are responsible for obtaining (i) the necessary insurance to address municipal right-of-way occupancy, and (ii) a liquor licence to cover the sidewalk patio area. Council direction was to restrict applications to restaurants that have liquor licences and are open in the evening and on weekends. This requirement was meant to address the goal of "enlivening the downtowns". In 2020, Council modified the guidelines to enable restaurants in Orono without liquor licences to participate in the Program. 3.9. Coffee shops and cafes that do not have liquor licences have historically placed tables and chairs adjacent to their storefronts. This practice continued throughout the 2021 patio season as businesses adapted operations during the pandemic. Provided this street furniture is maintained by the cafe owner and does not narrow the sidewalk beyond 1.8 metres, they have been allowed. However, should the furniture impede pedestrian access, Municipal By-law Enforcement has the right to remove the impediment as outlined in the Boulevard By-law 2013-066. 3.10. The application form and patio design requirements contained in the Guidelines have been reviewed with the Accessibility Coordinator and the Accessibility Advisory Committee. All patios must comply with requirements of the Accessibility for Ontarians with Disabilities Act. Seasonal Sidewalk Patio Applications are reviewed to ensure the location, design and layout and ingress/egress meet the applicable requirements under the Act. 4. Community Support 4.1. Feedback from the community relating to the Program in 2021 has been minimal. As in past years, the community appears to have embraced the presence of sidewalk patios during the summer months. 4.2. The BIAs and CIP Liaison Groups have been kept apprised of the Seasonal Sidewalk Patio Program, the adapted process to provide for temporary COVI D- 1 9-related patios, and the COVID-19 CIP grant programs to assist with the costs of outdoor seating areas. 4.3. BIAs generally agree the outdoor patios serve as a people generator and enliven the street, thereby achieving the Program objectives. CIP Liaison Group members feel the Program has been successful and support continuation and expansion of sidewalk Page 93 Municipality of Clarington Report PDS-060-21 Page 9 patios in future years. Staff are mindful that a balance between the removal of parking spaces with the addition of patios in the municipal right-of-way has to be maintained. 4.4. Initial concerns relating to safety and loss of parking appear to have subsided as the Program has been implemented. To date, there does not appear to have been a negative effect on the parking supply in the downtown areas, however each Seasonal Sidewalk Patio application is and will continue to be reviewed in this context. 4.5. Clarington Tourism has featured outdoor patios as part of its promotions in recent years. Tourism operators have received positive feedback from visitors indicating that sidewalk dining opportunities are appreciated. 4.6. In support of the expansion and continued success of the Seasonal Sidewalk Patio Program, and the enhanced importance of patios to support restaurants' operations during the COVID-19 pandemic, the unexpended downtown CIP funds allocated in 2021 to support new participants in the Seasonal Sidewalk Patio Program will be carried forward and made available for the 2022 season. 5. Concurrence 5.1. This report has been reviewed by the Director of Public Works who concurs with the recommendations. 6. Conclusion 6.1. The purpose of this report is to provide an overview of the 2021 sidewalk patio season and outline proposed updates to the Program for 2022. 6.2. 2021 was an active patio season. Patios provided an opportunity for sit-down dining during periods of the pandemic when indoor service was not permitted. 6.3. Revisions have been made to the patio design requirements outlined in the application form to address patio enclosures and heating sources. Staff will continue to work with participating restaurants to ensure the continued success of the outdoor patios. 6.4. Sidewalk patios have been successful in animating the street and drawing visitors to the downtown areas. To support the continued success of the Seasonal Sidewalk Patio Program, the unexpended funds allocated in 2021 from the downtown CIP programs will be carried forward to support new patios in 2022. Staff Contact: Sarah Allin, Planner II, 905-623-3379 extension 2419 or sallin(a)_clarington.net . Attachments: Page 94 Municipality of Clarington 10 Report PDS-060-21 Page Attachment 1 — Seasonal Sidewalk Patio Application Form; 2022 Interested Parties: List of Interested Parties available from Department. Page 95 Attachment 1 to Report PDS-060-21 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. c1tv;w4onSeasonal Sidewalk Patios on Municipal Property Application Form Municipality of Clarington Planning Services Department Please ensure all information is included in the application. Incomplete applications will not be accepted. Please return this application by 4:00 PM on or before March 1 sc Business Information Owner Name: Phone Number: Registered Name of Business: Operating Name of Business: Street Address of Business: Postal Code: E-Mail: After Hours Contact 1 Name: Phone number: After Hours Contact 2 Name: Phone Number: Checklist Requirement Y/N Copy of complete Seasonal Sidewalk Patio Application Form Copy of the vendor permit for the business Site Plan, including dimensions (see appendix A) Copy of current liability insurance (see appendix B) Patio Sidewalk License Fee payment Copy of AGCO liquor license for principal establishment and sidewalk patio* Municipal Information Form for the Alcohol and Gaming Commission of Ontario (AGCO)* Fees Patio Sidewalk License $1725 Fire Review and Inspection As per the Fees By-law, as amended Municipal Information Form for the AGCO No charge All applicable fees, as detailed in this application and/or as cited in the Municipality of Clarington's Fee By-law, as amended from time to time, must be submitted with the completed Application. *Not required for restaurants in Orono that do not hold a liquor license. Page 96 Page 1 of 7 Attachment 1 to Report PDS-060-21 I/We hereby make application to the Corporation of the Municipality of Clarington ("heretofore and hereafter "Clarington") to occupy the right of way for the purpose described and agree to abide by the conditions of this permit and other applicable Municipal bylaws. I/We agree to assume all liability and/or cost as a result of road occupancy to maintain the work area and to indemnify and save harmless Clarington until final completion and approval. I understand this is a competitive process and that application for a patio does not guarantee that I will be selected. I understand that the project is not guaranteed to continue in future years. Agreement I, the undersigned have read and understood the information provided and agree to abide by all conditions and provisions listed on this permit application, and permit, if issued. Authorized Representative 1► .HM12 Signature: Date: Page 97 Page 2 of 7 Attachment 1 to Report PDS-060-21 Appendix A — Site Plan and Design Requirements Your patio design must conform to the following requirements. Site Plan Requirements: a. Location and dimensions of the patio entrances, exits, and access to washrooms, in accordance with the Integrated Accessibility Standards for the Design of Public Spaces; b. Location and use of the adjacent buildings and their entrances and exits; c. The location and dimensions of the patio and its entrances and exits; d. Area of the patio in square metres; e. Width of sidewalk occupied in metres; f. Length of sidewalk occupied in metres; g. Number of parking spaces occupied; h. Width of sidewalk that will remain unobstructed (to be at least 1.8 metres); i. The location and dimension of any umbrellas, tents, awnings, etc.; j. The location, height, and construction material to be used for the boundary fence, gate location, and width of gate; k. Location of fire extinguishers; I. Location of tables, chairs, other furniture or installations, etc. and the distance between them to demonstrate how your patio will be accessible to patrons with limited mobility; m. Location of all municipal services and/or assets within or adjacent to the patio (e.g. location of curbs, municipal parking spaces, sidewalks, hydrants, storm sewer grates, manholes, trees, hydro poles, streetlights, benches, garbage cans, sign poles, etc.). Identify whether any of these elements would need to be removed or relocated to accommodate the design. Additional fees may apply for removal or relocation, if such modification is permitted); n. The access to municipal improvements such as trees; o. The location of Durham Region or GO Transit stops close to the patio; p. The address of your business; q. The number of seats on your patio; and r. The maximum occupant load of your business and patio according to the Ontario Building Code. Design Requirements: a. All patios must maintain the requirements of the Accessibility for Ontarians with Disabilities Act (AODA). These guidelines set out basic requirements of the AODA. It is the responsibility of each business to ensure their own compliance with the Act; b. A minimum passable sidewalk width of 1.8m must be maintained at all times to ensure accessibility for pedestrians; c. Patios are not permitted to reduce the width of the traffic lanes of the public street. A minimum street width of 6m must be maintained at all times to ensure adequate width for emergency vehicles; d. Patios are not permitted to occupy more than 2 parking spaces; Page 98 Page 3 of 7 Attachment 1 to Report PDS-060-21 e. Entrances to the patio, aisles within the patio, and all public areas must be maintained in a manner that ensures the accessibility of patrons of all levels of ability (preferably 860mm); f. Design materials must be in keeping with the heritage character of downtowns; Plastic and polyvinyl is not permitted. Composites are permitted provided their appearance fulfills the above noted requirement(s). For input on potential design concepts, contact the Planning Services Department; g. Awnings, umbrellas and other fixtures must be maintained in good condition and repair; h. Barriers between the sidewalk extension and the patio should feature planting boxes and are to be maintained by the restaurant; i. No objects are permitted to overhang the sidewalk; j. The outdoor patio shall remain open on all sides and shall not contain any source of heating; and k. The Applicant may only occupy and use the outdoor patio after any installed structures have been approved in writing by Clarington. Clarington responsibilities: Temporary sidewalk design, location and dimensions, grade, construction material, safety and load bearing will be Clarington's responsibility. Construction will be undertaken by a contractor; k. Exterior barriers encroaching into on -street parking spaces must be affixed with high- visibility reflective markers for nighttime visibility; I. Wooden sidewalk extensions may include safety traction tape to reduce the chances of pedestrians slipping; and m. Installation, removal and winter storage of constructed temporary sidewalk or patio. Appendix B — Liability Insurance Requirements Please provide proof that you are compliant with the following liability insurance requirement: You must hold and provide General Liability Insurance from an insurer licensed in the province of Ontario for $2 million per occurrence with an aggregate limit of no less than $5 million to the Corporation of the Municipality of Clarington against any liability for property damage or personal injury, negligence including death which may arise from the applicant's operations under this agreement. The Corporation of the Municipality of Clarington must be included as an "Additional Named Insured". In addition, the Commercial General Liability shall contain Cross Liability and Severability Clauses and Products & Completed Operations coverage including a standard contractual liability endorsement. Page 99 Page 4 of 7 Attachment 1 to Report PDS-060-21 Appendix C — General Conditions Your operation of an outdoor patio must conform to the following requirements. General conditions: a. Any person or persons intending to occupy a portion of the municipal right of way for any purpose, including a portion of the sidewalk, boulevard, or on -street parking must first receive permission from Clarington; b. Patios will not be installed prior to April 30 and will be removed no later than October 30 of each year. For Bowmanville, installation will be after Maplefest and removal will be prior to Applefest; c. Permission to install a patio for a season does not entitle a business to any right or expectation to be able to install a patio in subsequent seasons; d. Any required sidewalk extensions must be completed before obstruction of a sidewalk for construction or operation of a patio; e. The Applicant assumes all maintenance and liability for the patio and may be required to undertake alterations or repairs as are required by Clarington to maintain safety and accessibility; f. Clarington retains the right to access the patio and/or sidewalk extension if needed for maintenance or emergency access to municipal property; g. Permission to occupy the municipal right of way becomes null and void if the applicant should fail to meet the requirements set out in this application and other applicable documents, in which case, Clarington shall be at liberty to take any action it deems necessary to repair the patio or to reinstate the site to its original condition for public protection at the expense of the Applicant. In all cases the decision of Clarington staff is final; h. The Applicant shall maintain access to all public and private properties for the duration of the work; i. All municipal property, including the sidewalk, lighting, or other features will be returned to their initial condition or repaired of any damages. Damages not repaired by the Applicant will be repaired or replaced by Clarington at the Applicant's cost. j. No business shall be eligible to operate an outdoor patio unless the business is in compliance with all Clarington's requirements; k. The Applicant shall be deemed to be the "constructor" and the "owner" for all purposes under the Occupation Health and Safety Act for the railings and restaurant features on the sidewalk. The Applicant shall further be deemed to be the "occupier" for all purposes under the Occupiers Liability Act; I. The Applicant agrees to indemnify and save Clarington harmless from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties, interest and/or legal fees on a substantial indemnity basis arising in connection with any matter that may arise from the issuance of a permit hereunder or the activities that occur on a patio; m. Clarington retains the right to access any planters, baskets, light posts, or other infrastructure for watering, maintenance, or other matters. Clarington may elect not to Page 100 Page 5 of 7 Attachment 1 to Report PDS-060-21 install planters at the location of the patios; n. Any costs, expenses or liabilities incurred by Clarington as set out above may be collected by Clarington by means of invoicing for the costs; and o. The Applicant agrees to provide Clarington with a letter from a qualified person, after patio construction/installation and before beginning operations, confirming that construction completed is in general conformance with the approved design. Operating Requirements a. At a minimum, restaurants operating an outdoor patio must be open during the following hours: Tuesday to Saturday: 11:30 AM to 9:00 PM; b. The operations of the business and patio must comply with Clarington's Noise By - Law (2007-071), as amended; c. The owner shall ensure that the area around the patio is kept clear of litter, waste, cigarette butts, and refuse. The restaurant will inspect on a daily basis; d. No person shall operate an outdoor patio on any municipal property other than that for which permission has been granted; e. No person shall permit the consumption of alcoholic beverages within any outdoor patio area unless such area is licensed under the provisions of the Liquor License Act to permit the consumption of alcoholic beverages and unless such outdoor patio extension is operated in conjunction with a business holding a valid Liquor License; f. Where such premise is licensed to permit the consumption of alcoholic beverages, no person shall serve or allow the consumption of alcoholic beverages contrary to any law; and g. Outdoor patio operations are permitted only during hours authorized by the Municipality of Clarington. Patio operations must cease between the hours of 10:00 PM and 7:00 AM, except for Fridays and Saturdays in July and August, during which patios are permitted to remain open until 11:00 PM. Patrons are not permitted to be in, or remain in, the patio area outside of authorized hours of operation. Clarington reserves the right to change these hours. Page 101 Page 6 of 7 Attachment 1 to Report PDS-060-21 Appendix D — Post -submission evaluation Submission of a complete application is not a guarantee of permission being granted for an outdoor patio. Applications will be evaluated by staff to determine which will be selected. Applications will be circulated to appropriate departments and partner organizations for their comments. Criteria Criteria Explanation Location Sites that are located in ways that are complementary to the existing street design and require less extensive change to existing use and management patterns will be preferred. Design Material choice — Appropriate heritage materials and design. Streetscape — Attractive design elements for both patrons and edestnans. Safety Sites that pose fewer challenges to traffic and pedestrian movement and si htlines will be preferred. Accessibility Sites that more fully ensure the accessibility of the sidewalk and patio for all patrons, in part through greater sidewalk width, will be preferred. Sites should not reduce accessibility by proposing the displacement of parking designated for persons with disabilities. Potential Preference will be given to patios that offer greater potential to demonstrate the economic benefit of the program. Page 102 Page 7 of 7