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2021-12-06 Agenda
Clarftwn Planning and Development Committee Post -Meeting Agenda Date: December 6, 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 to Initiate the Farewell Heights Secondary Plan 5 Planner: Sarah Parish, Planner II and Carlos Salazar, Manager of Community Planning and Design (Public Meeting Presentation Attached) *5.1.1. PDS-063-21 Public Meeting to Initiate Farewell Heights 29 Secondary Plan (Attachment 5 has been Added) 6. Presentations/Delegations 6.1. Emma West, Bousfields Inc., Regarding Unfinished Business Item 11.1 62 PDS-044-21 Jury Lands (Camp 30) and Recommended Amendment No. 121 to the Clarington Official Plan (Correspondence Attached) 7. Reports/Correspondence Related to Presentations/Delegations 8. Communications 9. Staff Reports and Staff Memos *9.1. PDS-064-21 An application by LARKIN and Land Use Planners to Permit 135 Two 11 Storey Mixed -use Buildings at the South-West Corner of Green Road and Highway 2 in Bowmanville, a Recommendation Report for ZBA2021-0002. (Attachment 1 has been Replaced, Supporting Memo Added) 9.2. PDS-065-21 Heritage Incentive Grant Program Annual Report for 2021 162 167 Page 2 9.3. CAO-012-21 Clarington Board of Trade Contract (2022 — 2023) *9.3.1. Correspondence from Angelo Lyall, President, Clarington Board 202 of Trade, Regarding Support for Report CAO-012-21 Clarington Board of Trade Contract (2022-2023) 10. New Business - Consideration 11. Unfinished Business 11.1. PDS-044-21 Jury Lands (Camp 30) and Recommended Amendment No 121 to the Clarington Official Plan (Referred from the October 18, 2021 Council Meeting) Link to Report PDS-044-21 Link to Report PDS-051-21 11.2. Additional Dwelling Units *11.2.1. By-law 2021-081 - Being a By-law to license and regulate 203 additional dwelling units in the Municipality of Clarington (Referred from the November 22, 2021 Council Meeting) (By-law Attached) *11.2.2. By-law 2021-082 - Being a By-law to amend By-law 84-63 and 209 By-law 2005-109 (Referred from the November 22, 2021 Council Meeting) (By-law Attached) Link to Item 15.2 from the November 22, 2021 Council Agenda *11.2.3. By-law 2021-086 - Being a By-law to Adopt Amendment No. 215 129 to the Clarington Official Plan (Referred from the November 22, 2021 Council Meeting) (By-law Attached) 12. Questions to Department Heads/Request for Staff Report(s) 13. Confidential Items 13.1. Confidential Memo from Ryan Windle, Director of Planning and Development Services, Regarding Potential Property Aquisition (Distributed Under Separate Cover) Page 3 13.2. Confidential Report LGS-032-21 Camp 30 Option Agreement (Distributed Under Separate Cover) 14. Adjournment Page 4 Farewell Heights Secondary Plan Public Meeting to Initiate the Secondary Plan The Municipality of Clarington has been asked to prepare a Secondary s],(%���1)l�llis Plan in north Courtice. A Secondary Plan is part of the Official Plan that provides more detailed direction for a specific area regarding land uses, transportation, infrastructure, natural heritage, construction phases and urban design. No planning approvals are being considered at this time. This meeting will present the Draft Terms of Reference to define the purpose and structure of the project and opportunities for public input. The staff report and public meeting presentation will be available at www.clarington.net/FarewellHeights no later than Friday, December 3, 2021. Join online The meeting will be livestreamed for public viewing at www.clarington.net/calendar. A "view livestream" button will appear next to the agenda when the meeting starts. If you wish to speak at the public meeting, you must pre -register by completing the online form at www.clarington.net/delegations or contact the Clerk's Division at 905-623- 3379 ext. 2109 or clerks@clarington.net by Friday, December 3, 2021, at 3:30 p.m. If you cannot participate electronically, contact the Clerk's Division, and we wil do our best to accommodate you. If you wish to provide written comments, please submit them to Sarah Parish at farewellheights@clarington.net. Written comments can also be mailed to or dropped off at 40 Temperance Street, Bowmanville, ON Ll C 3A6. A drop box is located at the Church Street entrance. Fa4� PEBBLESTONE ROAD a a 0 W 0 Q fl u ADELAIDE AVENUE . GFORGF RFYNOLDS OR Farewe=HeightsSecond NASH ROAD Under the Municipal Freedom of Information and Protection of Privacy Act, any personal information, such as name, address, telephone number, and property location included in a submission, may become part of the public record for this matter. Therefore, if requested, it will be released to any person unless otherwise stated in the submission. ClaFj".0 Public Meeting to Initiate the Farewell Heights Secondary Plan Public Meeting (PDS-063-21) Clarington's Community Planning & Design Branch Monday December 6t", 2021 Page 6 The purpose of this public meeting is to initiate the Farewell Heights Secondary Plan and provide an opportunity for the public to share their comments on the draft Terms of Reference. There are no recommendations for land -use changes at this time. Page 7 CIffjVffl L61', Agenda 1. Where is the Farewell Heights Secondary Plan Area boundary? 2. Public Meeting Advertising. 3. Guiding Priorities of the Secondary Plan. 4. Four Phases of the Secondary Plan. 5. Next Steps. am Farewell Heights Secondary Plan Boundary • Located in north Courtice. • Landowners Group to cover 100% of the costs. • 31 landowners within the Secondary Plan Area. Page 9 Public Meeting Advertising • Landowners within the Secondary Plan area, 120m south, and 300m north received notice. • Published in the Newspapers for 3 weeks. • Twice in the Eupdate. • Public Meeting materials posted to project webpage. • Landowners Group held an information session. Page 10 Farewell Heights Secondary Plan Public Meeting t0 Initiate the Secondary Plan The fvlunicipalRy of Clarington has been asked to prepare a Secondary S Plan in north Courtice_ A Secondary Plan is part of the Official Plan that provides more detailed direction for a specific area regarding lands uses, transportation, infrastructure, natural heritage, construction phases and urban design_ No planning approvals are being considered at this time. This meeting will presentthe Draft Terms of Reference to define the purpose and structure of the project and opportunities for public input The staff report and public meeting presentation will be available at www.clarington.net/FarewelIHeights no later than Friday, December 3, 2021. Join online The meeti ng will be livestreamed for pu6Nc viewing at www.clarington.net/calendar. A "view livestrearn button will appear next to the agenda when the meeting starts. Ifyou wish to speak at the public meeting, you must pre -register by completing the online form at www.claringion.net%delegations or contact the Clerk's Division at 905-623- 3379 ext. 2109 or clerks@clarington.net by Friday, December 3, 2021, at 3:30 p.m. Ifyou cannot participate electronically, contact the Clerk's Division, and we will do our best to accommodate you. Ifyou wish to provide written comments, please submitthem to Sarah Parish at Farewellheights@clarington.net. Written comments can also be mailed to or dropped off at 40 Temperance Street, Bowmanville, ON Ll C 3A6. A drop box is located at the Church Street entrance. C"r the Muniapat Feed« oftnformaffon and Profecfion of Privacy Act, any persanai inbnnalion, such as barns, address, ecorn one number, and Grff*Wff prapertytoeafian ins+uded m a subrnissiorr, may become part d the public record for this moftar. Thorafora, ff raquesAsd it wfil be rslsassd to my person urrless otherwise sbfed in fha submess6m. Page 11 Secondary Plan Guiding Priorities This Secondary Plan will address the following five priorities: • Climate Change and Sustainability; • Excellence in Urban Design; • Affordable Housing; • Community Engagement; and • Coordination of Initiatives Page 12 Farewell Heights Secondary Plan Overview Phase 1 Initial Public Input and Technical Analysis PUBLIC INPUT ■ Public Information Center ■ Online Engagement Phase 2 Alternative Land Use Options PUBLIC INPUT ■ Public Information Center ■ Online Engagement Phase 3 Preferred Land -Use Plan PUBLIC INPUT ■ Public Information Center ■ Online Engagement Phase 4 Final Secondary Plan PUBLIC INPUT ■ Statutory Open House and Public Meeting ■ Online Engagement Next Steps • Authorization by Council to initiate the Farewell Heights Secondary Plan. • Finalize the Terms of Reference based on public input and consideration. • Execute the necessary funding agreements with the Landowners Group. IThank you For more information, please visit the project webpage at www.clarington.net/FarewellHeits. You may also contact Sarah Parish or Carlos Salazar at 905-623-3379 or by email at Farewell Heights(a�clarin_ ton.net. Page 15 SUBMISSION to the Public Meeting re: Farewell Heights DATE: DEC 6, 2021 PRESENTED BY: WI LLIAM LEVI N E Page 16 WHO AM I: ► My name is William Levine. I have lived at 11 Timberlane Court for 28 years, beginning in 1993. My property is a 1 acre estate lot adjacent to the west property line of the area under study. Page 17 DEVELOPMENT CONCERNS: A reasonable person realizes that development comes over time due to the pressures of population growth. ► However, in recent years the importance of maintaining and protecting the history of urban areas, and the quality of life foi current residents, has become an integral part of all development in the province of Ontario. As has considering the injurious effects of development on existing adjacent properties and communities. Page 18 SUGGESTIONS GOING FORWARD: ► To this end, I am proposing a number of suggestions to minimize future impacts of a major, high density residential development adjacent to the estate homes on Timberlane Court. Please note that these suggestions also consider the potential for negative impacts on our wells. Page 19 1) A buffer zone needs to be established along the west property line of the proposed development area, adjacent to the properties on the east side of Timberlane court. Page 20 2) This buffer zone should be naturalized with evergreen trees. (minimum 6-8 feet in height at time of planting). Page 21 3) This buffer zone should be a minimum of 60 feet wide. Page 22 4) All structures, such as houses, should be set back a minimum of 60 feet from the buffer zone, and a minimum of 120 feet from the west property line. Page 23 5) All structures that are built adjacent to the west property line, such as houses, should be a maximum of 2 storey structures in height. Page 24 6) All structures that are built adjacent to the west property line, should be detached houses not townhome complexes. VA Page 25 7) To help with noise, privacy, and night time vehicle lights coming from east -west streets, the east side of the buffer zone should be designed so that it includes a 10 foot heigh highway style barrier. Page 26 8) The development should include water main access on Timberlane Court, for the purpose of addressing water well failure, and for the purpose of addressing the increased risk of residential fire due to the proximity of high density housing. Page 27 THANK YOU FOR YOUR TIME. Yours Sincerely, William Levine i_evinewsccvroaers.com 9054362301 Page 28 Clarftwn 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: December 6, 2021 Report Number: PDS-063-21 Submitted By: Ryan Windle, Director of Planning and Development Services File Number: PLN 41.11 Resolution#: Report Subject: Public Meeting to Initiate Farewell Heights Secondary Plan 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-063-21 and any related correspondence be received; 2. That Planning and Development Services staff be authorized to commence the preparation of the Farewell Heights Secondary Plan; 3. That staff be authorized to finalize the draft Terms of Reference and issue a Request for Proposal to retain the necessary consultants through the current roster of Consulting Firms established for Secondary Plans; 4. That the Director of Planning and Development Services be authorized to execute the necessary cost recovery agreements with the Farewell Heights Landowners Group for the preparation of the Farewell Heights Secondary Plan; 5. That the cost recovery agreements with the Farewell Heights Landowners Group require payment of 100% of the costs of the preparation of the Secondary Plan, including consultants and municipal resources such as review time from various departments, project management and administration costs; and 6. That all interested parties for Report PDS-063-21 and any delegations be notified of Council's decision regarding this report to initiate the Farewell Heights Secondary Plan. Page 29 Municipality of Clarington Report PDS-063-21 Report Overview Page 2 The purpose of this report is to inform and receive input from the landowners within the Farewell Heights Secondary Plan Area, within 120 meters south and 300 meters north of the Secondary Plan Area, and members of the general public on the draft Terms of Reference that will guide the preparation of the Secondary Plan. The purpose of this report is to also receive Council endorsement for staff to commence the Farewell Heights Secondary Plan in general accordance with the draft Terms of Reference and in conformity with the policies of the Clarington Official Plan. No land -use changes are being presented or considered as part of this Public Meeting. 1. Background 1.1 The Farewell Heights Secondary Plan Area is located in north Courtice. The Secondary Plan Area is generally located east of Tooley Road, south of Pebblestone Road, west of Courtice Road, and north of the Adelaide Avenue extension (Figure 1). 1.2 There are approximately 31 landowners within the Farewell Heights Secondary Plan Area. There is a mixture of parcel sizes and existing land -uses within the Secondary Plan Area, including large agricultural parcels, residential properties, a large commercial property (Witzke's Greenhouse), the Farewell Creek, valley land and woodlots throughout the Secondary Plan Area. Page 30 41 n qnz ,p . - - A- ii�q - . ; br N&W HIM Him iLl HL Municipality of Clarington Report PDS-063-21 Page 4 1.3 The Farewell Heights Landowners Group (FHLG) is represented by the consulting firm Delta Urban Inc. The FHLG owns approximately 82% of the land within the Secondary Plan Area. 1.4 The FHLG has requested the Municipality initiate the Secondary Plan process (Attachment 1). The FHLG has committed to funding 100% of the costs incurred by the Municipality for the preparation of the Farewell Heights Secondary Plan (Attachment 2). 1.5 According to Clarington's Official Plan, a Landowners Group requesting a privately initiated Secondary Plan is required to pay 100% of the costs of the preparation of the Secondary Plan. This cost includes consultants and municipal resources such as review time from various departments, project management and administration costs. This provision is included in the Staff Report recommendations and will be included in the Secondary Plan funding agreement should Council endorse the initiation of the Secondary Plan. 1.6 The draft Terms of Reference submitted by the consultant has been circulated to various Municipal Departments as well as external agencies. Once comments are received from the agencies they will be incorporated into the draft Terms of Reference as appropriate. 2. Secondary Planning Process Receiving Authorization for a Privately — Initiated Secondary Plan 2.1 The Clarington Official Plan provides policy direction for the preparation of a privately initiated Secondary Plan. In summary the process is as follows: 1) Consultation with Municipal staff and the establishment of the Landowners Group; 2) Receipt of a Request to Initiate a Secondary Plan and a draft Terms of Reference; 3) Public Meeting and a decision of Council to initiate the preparation of the Secondary Plan. A Public Meeting notice was sent to residents within the Secondary Plan Area, and 120m south, and 300m north of the Secondary Plan Area (Attachment 3); 4) Should Council decide to proceed with the Secondary Plan process, the Municipality will retain the necessary consultants; 5) All costs associated with the Secondary Plan process including consultants and municipal resources and administration costs are to be covered 100% by the landowners group; and 6) Work will only be initiated once a funding agreement is in place between the Trustee for the Landowners Group and the Municipality. Page 32 Municipality of Clarington Report PDS-063-21 Summary of the Draft Terms of Reference Page 5 2.2 Council previously identified the following five priorities. These five priorities will be addressed in the finalized Terms of Reference: 1) Climate Change and Sustainability 2) Excellence in Urban Design 3) Affordable Housing 4) Co-ordination of Initiatives 5) Public engagement Climate Change and Sustainability 2.3 Similar to the other Secondary Plans that Council has initiated, this draft Terms of Reference (Attachment 4) has incorporated a `green lens' approach to development. All studies and the Secondary Plan will be required to include details of how development in the Secondary Plan Area will meet Council policies. In particular, policies related to sustainability and climate changes, Priority Green Clarington, urban design, affordable housing, and community engagement. Excellence in Urban Design 2.4 New neighborhoods should be designed to enhance the history and character of Clarington. New neighbourhoods are to be created with a sense of place and all development should result in a high -quality aesthetic and design. Excellence in urban design will be incorporated into this Terms of Reference and consider elements like building design, complete streets, views, park connectivity, sun and shadow impacts, and active transportation as well as the integration of green infrastructure into neighborhood design. Affordable Housing 2.5 Through Official Plan policy, Clarington Council supports the provision of a variety of housing types, tenure and costs for people of all ages, abilities and income groups. This Secondary Plan reflects this policy as well as recommendations found in Clarington's Affordable Housing Toolkit. Through this policy this Plan demonstrates how it contributes to meeting Council's affordable housing target. Community Engagement 2.6 Community Engagement is integrated throughout the draft Terms of Reference. The recommended public participation process will include landowners, members of the steering committee, agencies, and interested citizens. Public Information Centres (PICs) will be held at specific stages of the planning process. These public participation requirements are in addition to any Public Meeting requirements under the Planning Act. Page 33 Municipality of Clarington Report PDS-063-21 Coordination of Initiatives Page 6 2.7 In recently initiated Secondary Plans, the coordination of initiatives has been identified as a Council Priority that is to be addressed. For the Farewell Heights Secondary Plan this will include coordination with the Region of Durham on the Adelaide Avenue extension. The Secondary Plan Process 2.8 The Municipality has been using a roster to select planning consultants for the different Secondary Plans. This method of rotating the pre -approved consultants based on amount and value of work has been successful as it has significantly reduced the time it takes to secure a consultant. It is proposed that the existing roster approach be continued for the Farewell Heights Secondary Plan. Should Council decide to endorse commencing this Secondary Plan, staff will issue a Request for Proposal to firms on the roster to undertake the Secondary Plan. 2.9 Although the Municipality ultimately manages and directs the Secondary Plan process, the Terms of Reference includes a Steering Committee to provide overall guidance and feedback to Municipal Staff. It is anticipated that the Steering Committee will include Municipal, Region of Durham, and CLOCA staff, the FHLG project manager, two landowner representatives, and the lead consultant retained by the Municipality. 3. Concurrence Not Applicable. 4. Conclusion It is recommended the Council authorize staff to initiate the Farewell Heights Secondary Plan process. Staff Contact: Carlos Salazar, Manager of Community Planning and Design Branch, 905-623-3379 extension 2409 or csalazaO( clarington.net or Sarah Parish, Planner II, 905-623-3379 extension 2432 or sparish(a_clarington.net. Attachments: Attachment 1 — Consultants Request to Initiate the Secondary Plan Process Attachment 2 — Farewell Heights Landowners Group Support Letter Attachment 3 — Farewell Heights Public Meeting Notice Attachment 4 — Draft Terms of Reference Interested Parties: List of Interested Parties available from Department. Page 34 DELTA U:?B\N Municipality of Clarington 40 Temperance St Bowmanville, ON, L1C 3A6 Attention: Mr. Carlos Salazar, MCIP, RPP Manager of Community Planning and Design Attachment 1 to Report PDS-063-21 SPEUALIJI IN LAN MANAGEMENT+ DES/FLOPMEN October 28, 2021 RE: Request to Initiate the Preparation of the Farewell Heights Secondary Plan Farewell Heights Secondary Plan Area, Municipality of Clarington Delta Urban Inc. is the Group Manager acting on behalf of the Farewell Heights Landowners Group (the "FHLG"), a group that consists of landowners with holdings in the Farewell Heights Secondary Plan Area. On behalf of the FHLG, we are writing to formally request the Municipality initiate the Secondary Plan process for the Farewell Heights Secondary Plan Area. Pursuant to policy 23.3.6 of the Clarington Official Plan, a landowners group "must own a minimum of 75% of the developable area within the Secondary Plan area prior to Council considering whether to initiate a Secondary Plan. "The FHLG currently owns over 82% of the Farewell Heights Secondary Plan area. As the FHLG have discussed with Staff, the Group is committed to funding 100% of the costs associated with the preparation of the Farewell Heights Secondary Plan. The Group confirms, through the attached letter from the Trustee, that they will fund the final costs as determined by the Municipality. As such, the Group is formally requesting the Municipality commence the Secondary Plan process for the referenced lands. In addition: in accordance with the Clarington Official Plan, please find enclosed a draft terms of reference (TOR) document for the overall Secondary Plan. The enclosed TOR outlines the proposed scope of work, public consultation process, and other considerations as described by the policies of the Clarington Official Plan. The FHLG requests that the draft TOR is considered as part of staff's recommendation to Council to initiate the preparation of a secondary plan for these lands. Thank you for your consideration. Please contact the undersigned should you have any questions. Yours very truly, Michael May, P. Eng., General Manager On behalf of the Farewell Heights Landowners Group Inc. CC: Farewell Heights Landowners Group Inc. Page 1 of 1 8800 Dufferin St. Suite 104 T 905 660 7667 Vaughan Ontario L4K 005 F 905 660 7067 DELTAURBAN.COM Attachment 2 to Report PDS-063-21 FAREWELL HEIGHTS 70 Keel S 501 eele Street Vaughan, Ontario LANDOWNERS GROUP INC. L4K1Y2 hmihailidi(o�brattv.com (905) 760-2700 November 19, 2021 Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 Attention: Mr. Carlos Salazar, MCIP, RPP Manager of Community Planning and Design Dear Sir: RE: STAFF REPORT NO. PSD-063-21 — SUPPORT FROM THE FAREWELL HEIGHTS LANDOWNERS GROUP The undersigned is the Trustee acting on behalf of the Farewell Heights Landowners Group (the "FHLG"), who represent the majority of the land within the Farewell Heights Secondary Plan Area. Following the release of Staff Report No. PSD-063-21, the FHLG would like to confirm their support of the Staff report and reconfirm with Staff the FHLG's commitment to fund 100% of the costs associated with the preparation of the Farewell Heights Secondary Plan, as well as any additional costs associated with the administration and management of the FHLG, in accordance with and subject to the terms of a Secondary Plan Funding Agreement to be finalized on terms acceptable to the Municipality and the FHLG. Yours very truly, FAREWELL HEIGHTS LANDOWNERS GROUP INC. Helen A. Mihailidi cc: Myron P. Pestaluky, P. Eng. Delta Urban Inc. cc. Rob Mciver Page 36 Atta to Farewell Heights Secondary Pl"'-"an Public Meeting. to Initiate the Secondary Plan The Municipality of Clarington has been asked to prepare a Secondary],(%ONI1)Alis Plan in north Courtice. A Secondary Plan is part of the Official Plan \1�1���/ that provides more detailed direction for a specific area regarding land l_Iz � uses, transportation, infrastructure, natural heritage, construction phases and urban design. No planning approvals are being considered at this time. This meeting will present the Draft Terms of Reference to define the purpose and structure of the project and opportunities for public input. The staff report and public meeting presentation will be available at www.clarington.net/FarewellHeights no later than Friday, December 3, 2021. Join online The meeting will be livestreamed for public viewing at www.clarington.net/calendar. A "view livestream" button will appear next to the agenda when the meeting starts. If you wish to speak at the public meeting, you must pre -register by completing the online form at www.clarington.net/delegations or contact the Clerk's Division at 905-623- 3379 ext. 2109 or clerks@clarington.net by Friday, December 3, 2021, at 3:30 p.m. If you cannot participate electronically, contact the Clerk's Division, and we wil do our best to accommodate you. If you wish to provide written comments, please submit them to Sarah Parish at farewellheights@clarington.net. Written comments can also be mailed to or dropped off at 40 Temperance Street, Bowmanville, ON Ll C 3A6. A drop box is located at the Church Street entrance. Fa4� PEBBLESTONE ROAD a a 0 W 0 Q fl u ADELAIDE AVENUE . GFORGF RFYNOLDS OR Farewe=HeightsSecond NASH ROAD Under the Municipal Freedom of Information and Protection of Privacy Act, any personal information, such as name, address, telephone number, and property location included in a submission, may become part of the public record for this matter. Therefore, if requested, it will be released to any person unless otherwise stated in the submission. ClaFj".0 Attachment 4 to Report PDS-063-21 Farewell Heights Secondary Plan Terms of Reference Farewell Heights Landowners Group 24 September 2021 The Power of Commitment Page 38 Contents 1. Introduction 1 1.1 Farewell Heights Secondary Plan Study Area 1 1.2 Farewell Heights Secondary Plan 2 1.3 Secondary Plan Guiding Priorities 2 1.3.1 Sustainability and Climate Change 2 1.3.2 Urban Design 2 1.3.3 Affordable Housing 2 1.4 Coordination of Initiatives 2 2. Overview 3 2.1 Phase 1 — Initial Public Input and Technical Analysis 3 2.2 Phase 2 — Urban Design and Sustainability Best Practices 3 2.3 Phase 3 — Draft Land Use Plan 3 2.4 Phase 4 — Final Secondary Plan 3 3. Detailed Work Program 4 3.1 Phase 1 - Initial Public Input and Technical Analysis 4 3.1.1 Technical Steering Committee Kickoff Meeting 1 4 3.1.2 Public Information Centre 1 4 3.1.3 Background and Analysis Report 4 3.1.4 Draft Technical Reports 4 3.1.5 Draft Illustrated Executive Summary and Opportunities and Constraints Analysis Report 5 3.1.6 Draft Illustrated Urban Design and Sustainability Development Principles 5 3.1.7 Financial Impact Analysis 5 3.1.8 Technical Steering Committee Meeting 2 5 3.1.9 Technical Steering Committee Meeting 3 5 3.1.10 Final Illustrated Opportunities and Constraints Analysis Report for Public Information Centre 2 5 3.1.11 Final Illustrated Urban Design and Sustainability Development Principles for Public Information Centre 2 5 3.1.12 Public Information Centre 2 — Workshop 5 3.1.13 Draft Technical Analysis and Public Input Summary Report 5 3.2 Phase 2: Urban Design and Sustainability Best Practices, Evaluation Criteria, and Alternative Land Use Plans 6 3.2.1 Technical Steering Committee Meeting 4 6 3.2.2 Best Practices Report 6 3.2.3 Final Urban Design and Sustainability Principles (developed in Phase 1) Report 6 3.2.4 Evaluation Criteria for Alternative Land Use Plans Report 6 3.2.5 Draft Alternative Land Use Plans Report 6 3.2.6 Reports for Phase 2 6 GHD I Farewell Heights Landownfupjjtoq 0 11227682 1 Farewell Heights Secondary Plan 3.2.7 Technical Steering Committee Meeting 5 7 3.2.8 Alternative Land Use Plans Illustrated Summary Report 7 3.2.9 Public Information Centre 3 7 3.2.10 Updated Technical Reports 7 3.2.11 Phase 2 Summary Report, including PIC Results 7 3.3 Phase 3: Preferred Land Use Plan for the Farewell Heights Secondary Plan 7 3.3.1 Final Evaluation Criteria 7 3.3.2 Preferred Land Use Plan 7 3.3.3 Technical Steering Committee Meeting 6 7 3.3.4 Preparation of Final Supporting Materials 8 3.3.4.1 Planning Analysis Report 8 3.3.4.2 Draft Secondary Plan 8 3.3.4.3 Draft Zoning By-law 8 3.3.4.4 Draft Urban Design Guidelines and Sustainability Principles and Standards 8 3.3.5 Phase 3 Technical Reports 8 3.3.6 Technical Steering Committee Meeting 7 8 3.4 Phase 4: Final Draft Secondary Plan Preparation and Adoption by Council 8 3.4.1 Deliverables for Phase 4 9 3.4.2 Technical Steering Committee Meeting 8 — Final Meeting 9 3.4.3 Public Information Centre 3 — Statuary Open House 9 3.4.4 Statutory Public Meeting 9 3.4.5 Final Documents 9 4. Project Deliverables 10 5. Project Management 11 5.1 Municipal Role 11 5.2 Technical Steering Committee 11 5.2.1 The Steering Committee will be composed of: 11 5.2.2 The Committee will meet: 11 5.2.3 Decision Making 12 5.2.4 Technical Advisory Committee(s) 12 5.3 Project Schedule and Budget 12 5.4 Additional Information 12 Appendices Appendix A General Scope for Technical Studies Appendix B Data Sharing Agreement GHD i Farewell Heights Landownfrpljto4o 11227682 1 Farewell Heights Secondary Plan 1.2 Farewell Heights Secondary Plan The purpose of the Secondary Plan Study is to prepare the Farewell Heights Secondary Plan and Urban Design Guidelines for the Study Area. The Secondary Plan shall conform to and implement the Clarington Official Plan, the Durham Region Official Plan, and Provincial Plans and Policies. 1.3 Secondary Plan Guiding Priorities The Secondary Plan shall address these three priorities: 3.1 Sustainability and Climate Change Clarington Council adopted a sustainable, "green lens" approach to development throughout the Official Plan. This Secondary Plan will address the criteria developed for Secondary Plans in Clarington's Green Development Program and will be guided by the Priority Green Development Framework. It is intended that sustainable development principles and practices shall be incorporated into every part of the Secondary Plan, including design, arrangement of land uses and the integration of green infrastructure. The requisite studies and the resultant Secondary Plan shall include measureable targets to move towards a net zero community. 1.3.2 Urban Design The goal for any new development is that it celebrates and enhances the history and character of Clarington. New Neighbourhoods are to be created with a sense of place and all development should result in a high -quality design. The Secondary Plan Study shall consider elements like building design, complete streets, views, park connectivity, sun and shadow impacts, and active transportation as well as the integration of green infrastructure in neighbourhood design for excellence in urban design. 1.3.3 Affordable Housing Clarington Council, through Official Plan policy supports the provision of a variety of housing types, tenure and costs for people of all ages, abilities and income groups. The Clarington Official Plan encourages a minimum of 30% of all new housing built in Urban Areas to be affordable. The Secondary Plan must reflect this policy and demonstrate how this Secondary Plan area contributes to meeting Council's affordable housing target. 1.4 Coordination of Initiatives The Consultant's proposal shall include the timing and integration of the following initiatives: — Adelaide Avenue Extension — Region of Durham Currently in the Design Stage GHD I Farewell Heights Landownfrpjjto4Q 11227682 1 Farewell Heights Secondary Plan 2 2 . Overview The Scope of Work will be completed in the following four phases: 2.1 Phase 1 — Initial Public Input and Technical Analysis The initial phase will consist of a Public Information Centre to introduce the project to the general public and a detailed technical analysis of the area including servicing, infrastructure. 2.2 Phase 2 — Urban Design and Sustainability Best Practices The consultants will review best practices regarding emerging trends in sustainable neighbourhood planning (net zero neighbourhoods and buildings) and design including: urban design techniques, practices and methods that promote energy efficiency, optimal use of land and transit supportive land uses and forms. Together with the Official Plan policies for urban design and sustainability, the information gathered in the best practices review will be utilized to inform the Farewell Heights Secondary Plan Urban Design Guidelines. This Phase could run concurrently as Phase I and may provide some input for the Illustrated Executive Summary and the workshop at the end of Phase 1. 2.3 Phase 3 — Draft Land Use Plan The consultants shall apply the results of the work completed in Phases 1 and 2 in the development of the Draft Land Use Plan. The draft Plan will then influence the completion of any work started but not yet completed. The Consultants will prepare a report, presenting up to three scenarios/alternatives for the land use plan. The alternatives shall indicate the proposed land uses by type (e.g., residential, institutional, open space and commercial, etc.), scale, building types, and density. Each land use plan shall also include a proposed transportation network. Accompanying the alternative land use plans will be an analysis and evaluation of the individual plan based on environmental, servicing, transportation, density, sustainability, fiscal, social and other appropriate criteria. The alternative land use plans shall be supported by an explanatory report and a summary public information package that visually summarizes the analysis of each concept. 2.4 Phase 4 — Final Secondary Plan This phase will focus on preparing the final documents for the statutory public meeting and Council decision. The consultants will prepare the final Draft Farewell Heights Secondary Plan and the Official Plan Amendment. The consultants will present the final draft documents at the public meeting to be held by Council's Planning and Development Committee (PDC). GHD I Farewell Heights Landown frpljtoo 11227682 1 Farewell Heights Secondary Plan 3 3. Detailed Work Program 3.1 Phase 1 - Initial Public Input and Technical Analysis Deliverables for Phase 1: 3.1.1 Technical Steering Committee Kickoff Meeting 1 A kickoff meeting two (2) weeks before the Public Information Centre (PIC), to: — Review final study Terms of Reference (TOR); — Accept Consultant's Work Plan; and, — Review material for the first PIC. 3.1.2 Public Information Centre 1 A Public Information Meeting (PIC) will be held for property owners, businesses, residents of the study area and the general public. This PIC will give the public an opportunity to be formally introduced to the project, process and invite them to share their interest and ideas for the Secondary Plan area. The consultants will provide all the related material for the session including display panels, handouts etc. 3.1.3 Background and Analysis Report In this Phase, the following studies/tasks will commence: — Conduct a Natural Heritage Evaluation and prepare a report — Prepare a Landscape Analysis Report — Prepare a Functional Servicing Report and Master Drainage Plan — Conduct a Transportation Study — Prepare a Planning Analysis Report Not all studies will be completed in Phase 1 as they may require additional input from subsequent phases. However, it is expected that draft reports will be complete at the end of this phase. A summary of the scope of work for each study or task is provided in Appendix A. 3.1.4 Draft Technical Reports — Public Information Centre 1 — materials, display panels, and any other material related including a summary report of the input received at the meeting — Natural Heritage Evaluation — Landscape Analysis Report — Functional Servicing Report and Master Drainage Plan — Transportation Study — Planning Analysis Report — Illustrated Executive Summary of the Planning Analysis report for public distribution — Public Information Centre 2 — materials, display panels, and any other material related including a summary report of the input received at the meeting GHD I Farewell Heights Landown f pl jto" 11227682 1 Farewell Heights Secondary Plan 4 3.1.5 Draft Illustrated Executive Summary and Opportunities and Constraints Analysis Report The Consultants will prepare an illustrated executive summary of the technical reports for distribution to the public. 3.1.6 Draft Illustrated Urban Design and Sustainability Development Principles In conjunction with, and as part of, the findings of all other parts of the Secondary Plan study, the consultant shall identify and assess sustainable development principles and practices. 3.1.7 Financial Impact Analysis Part of Phase 3 — Consultant to be retained by the Municipality at that time. 3.1.8 Technical Steering Committee Meeting 2 — Review overall progress and timeline; and, — Review preliminary findings of technical reports. 3.1.9 Technical Steering Committee Meeting 3 Review drafts of technical reports, draft Illustrated Opportunities and Constraints Analysis Meeting to take place at least two weeks prior to PIC 2. 3.1.10 Final Illustrated Opportunities and Constraints Analysis Report for Public Information Centre 2 3.1.11 Final Illustrated Urban Design and Sustainability Development Principles for Public Information Centre 2 3.1.12 Public Information Centre 2 — Workshop At this meeting, the lead consultants will present the finding of the technical analysis of Phase 1. Based on the Executive Summary, the consultants will design a workshop to identify issues and opportunities for future developed based on the technical analysis. The consultants will provide all the related material for the session including display panels, handouts etc. 3.1.13 Draft Technical Analysis and Public Input Summary Report To be submitted after PIC 2 — see next Phase item 3.2.7. — A detailed summary of the key findings from the public input and technical reports; — The report should include recommendations on all the elements of the project for the Steering Committee's consideration. GHD I Farewell Heights Landown frp Jto45 11227682 1 Farewell Heights Secondary Plan 5 3.2 Phase 2: Urban Design and Sustainability Best Practices, Evaluation Criteria, and Alternative Land Use Plans The Deliverables for Phase 2 are: 3.2.1 Technical Steering Committee Meeting 4 — To debrief about Phase 1; and, — Review Draft Background and Analysis Summary Report and detailed Work Plan for Phase Il, including recommendations for any changes to the process. 3.2.2 Best Practices Report This report shall identify emerging trends in sustainable neighbourhood planning and design including: net zero neighborhoods, urban design/sustainability techniques, practices and methods that promote energy efficiency, optimal use of land and transit supportive land uses, densities, and forms. 3.2.3 Final Urban Design and Sustainability Principles (developed in Phase 1) Report These principles shall be the basis for the Sustainability Plan and Urban Design Guidelines to be part of the Secondary Plan, to be provided as an Appendix. 3.2.4 Evaluation Criteria for Alternative Land Use Plans Report Based on policy and infrastructure requirements, Urban Design, Sustainability Principles, and other criteria as proposed by the Consultant, an Evaluation Criteria for Alternative Land Use Plans shall be created. The criteria should also include land use type, scale, density, proposed transportation network, and location of proposed parks, and community facilities. 3.2.5 Draft Alternative Land Use Plans Report The Consultants will prepare a report, presenting up to three scenarios/alternatives for the land use plan. The alternatives shall indicate the proposed land uses by type (e.g., residential, institutional, open space and commercial, etc.), scale, building types, and density. Each land use plan shall also include a proposed transportation network. Accompanying the alternative land use plans will be an analysis and evaluation of the individual plan based on environmental, servicing, transportation, density, sustainability, fiscal, social and other appropriate criteria. The alternative land use plans shall be supported by an explanatory report and a summary public information package that visually summarizes the analysis of each concept. 3.2.6 Reports for Phase 2 — Best Practices Report; — Urban Design and Sustainability Principles; — Evaluation Criteria; and — Draft Alternative Land Use Plans. GHD I Farewell Heights Landownfrpjge4o 11227682 1 Farewell Heights Secondary Plan 6 3.2.7 Technical Steering Committee Meeting 5 This meeting will review the drafts of the following reports: — Best Practices Report; — Urban Design and Sustainability Principles; — Evaluation Criteria; and — Draft Alternative Land Use Plans. 3.2.8 Alternative Land Use Plans Illustrated Summary Report Summary of best practices, urban design and sustainability principles, evaluation criteria (policy/infrastructure, etc.), and alternative land use plans and analysis, based on criteria. 3.2.9 Public Information Centre 3 The alternative land use plans, opportunities and constraints, and urban design and sustainability principles will be presented and gather input from the general public. 3.2.10 Updated Technical Reports 3.2.11 Phase 2 Summary Report, including PIC Results A detailed summary of the key findings from the public input and technical reports. The report should include recommendations for the Steering Committee's consideration. 3.3 Phase 3: Preferred Land Use Plan for the Farewell Heights Secondary Plan The following are the deliverables for Phase 3: 3.3.1 Final Evaluation Criteria 3.3.2 Preferred Land Use Plan Based on the workshop results, and technical reports, the consultants will prepare a recommended land use plan. The recommended land use plan will be foundation to complete the technical reports initiated in Phase 1 and prepare the following supporting material. 3.3.3 Technical Steering Committee Meeting 6 This meeting will review the Phase 2 Summary Report, the preferred land use plan, and the detailed work pan for the remainder of Phases 3 and 4. GHD I Farewell Heights LandownfrpjjtoW? 11227682 1 Farewell Heights Secondary Plan 7 3.3.4 Preparation of Final Supporting Materials 3.3.4.1 Planning Analysis Report The consultants shall finalize the Planning Analysis Report with the results of all studies and analysis completed since Phase 1. The Planning Analysis Report must reflect the recommended Plan and inform/support the draft Secondary Plan policies. 3.3.4.2 Draft Secondary Plan The consultants will prepare the necessary policies and schedules that will, together with the recommended Plan, form a Draft Farewell Heights Secondary Plan. 3.3.4.3 Draft Zoning By-law A Draft Zoning By -Law will be prepared that implements the Secondary Plan and Urban Design and Sustainability Framework. 3.3.4.4 Draft Urban Design Guidelines and Sustainability Principles and Standards The consultants shall prepare a draft Farewell Heights Urban Design Guidelines and Sustainability Principles and Standards based on the recommended Plan and will be implemented through future plans of subdivision. 3.3.5 Phase 3 Technical Reports — Draft Planning Analysis Report — Draft Secondary Plan — Draft Urban Design Guidelines and Sustainability Principles and Standards — Draft Zoning By-law — Draft Master Servicing Report (including Phasing) — Final technical reports initiated from Phase 1 based on the preferred land use plan. — Draft Financial Impact Analysis 3.3.6 Technical Steering Committee Meeting 7 A meeting to review all draft technical reports outlined in section 3.3.5. 3.4 Phase 4: Final Draft Secondary Plan Preparation and Adoption by Council This Phase will focus on preparing the final documents for the statutory public process and Council decision. The Consultant will prepare the final draft Farewell Heights Secondary Plan, the implementing Official Plan Amendments, as well as the draft Zoning By-law, as required. The consultant will present the final draft documents at the statutory open house and public meeting. GHD I Farewell Heights Landownfrploe48 11227682 1 Farewell Heights Secondary Plan 8 3.4.1 Deliverables for Phase 4 — Draft Planning Report for PDC Agenda — Final Draft Farewell Heights Secondary Plan including schedules — Urban Design Guidelines and Sustainability Principles and Standards as Appendices to the Secondary Plan — Final Official Plan Amendment — Final Draft Zoning By-law/ Draft Zoning By-law Amendment 3.4.2 Technical Steering Committee Meeting 8 — Final Meeting The final meeting to provide any final comments on the documents prior to the statutory Public Open House and Public Meeting. 3.4.3 Public Information Centre 3 — Statuary Open House The consultants shall present the recommended the Draft Secondary Plan and related reports to the general public. The consultant will prepare a report summarizing the input received and provide any recommendations to be addressed in the Secondary Plan and/or related documents. 3.4.4 Statutory Public Meeting 3.4.5 Final Documents — Planning Rationale Report — Farewell Heights Secondary Plan — Urban Design Guidelines and Sustainability Principles and Standards as Appendices to the Secondary Plan — Official Plan Amendment — Zoning By-law/Zoning By-law Amendment GHD I Farewell Heights Landown frp jto4g 11227682 1 Farewell Heights Secondary Plan 9 4. Project Deliverables Unless otherwise indicated, all deliverables shall be provided in digital format. Digital submissions must be provided in both Word and PDF format. Both digital and hard copy deliverables must be AODA accessible and conform with Clarington's standards for accessible documents. An alternative format of all website content must also be developed that is AODA accessible and can be provided to the public upon request. Additionally, the Municipality shall have ownership of all materials and deliverables under this Agreement. GHD I Farewell Heights Landownfup Jto� 11227682 1 Farewell Heights Secondary Plan 10 5. Project Management The consultant's proposed work plan needs to include the number of meetings necessary for the Steering Committee to review draft technical reports, presentations, surveys or any other product as part of this process. Sufficient time should be allowed for the Steering Committee members to review and arrive at a decision. 5.1 Municipal Role The Planning Services Department — Community Planning and Design Branch staff will be responsible for the following: — The overall project management, administration, and day to day operations. The Municipality, together with the selected Consultant, will manage the public participation / communication process. The Consultant will facilitate all steering committee meetings and public session and will prepare the required materials for those meetings. — The Municipality will provide final direction to the Consultant on any specific issue based on Official Plan Policy and / or the Terms of Reference. — The Planning Services Department will make arrangements for all meeting venues; provide public notices as required; and arrange meetings with stakeholders. — All reports and data produced as part of this project are the property of the Municipality of Clarington. Consultants are required to submit with their proposal the signed data sharing agreement red to submit with their proposal the signed data sharing agreement attached as Appendix B. 5.2 Technical Steering Committee A Technical Steering Committee will be established to provide overall guidance to the project and will also provide feedback on the deliverables. The Committee will also ensure the objectives of the project are achieved as per the Terms of Reference. 5.2.1 The Steering Committee will be composed of: — The Lead Consultants. — Municipal Staff representing key departments. (Planning and Engineering) — Staff of key commenting agencies such as the Region of Durham and CLOCA. — The project manager. — Two landowners from the landowners group. 5.2.2 The Committee will meet: — The Steering Committee will meet at the beginning, and at least twice for each phase of the project to review / comment on the draft reports / deliverables provided by the Consultant prior to public release by the Municipality. — The lead Consultant will ensure that all appropriate agencies have reviewed the draft report and that it meets the established methodologies and standards of the respective agencies. — Materials (agendas, presentations, etc.) for Steering Committee meetings are to be designed and produced by the Consultants and are to be received two weeks prior to a Steering Committee Meeting. GHD I Farewell Heights Landownfrpljtpurpll 11227682 1 Farewell Heights Secondary Plan 11 All draft reports are to be summited to the Committee as they become available but no later than two weeks prior to the meeting. 5.2.3 Decision Making The Technical Steering Committee is not a decision making body, rather it plays an advisory role to the Municipality. The Municipality will make all decisions related to this project based on good planning practice. The Municipality and the Steering Committee shall have time to consider and comment upon the consultant's deliverables for each phase. The final decision on the adoption of the planning documents will be made by Clarington Council. 5.2.4 Technical Advisory Committee(s) Technical Advisory Committee(s) may be established for various technical disciplines as needed. Examples of such disciplines are stormwater management, municipal services, transportation, urban design and planning. Meetings of the various Technical Advisory Committee(s) will be established to review and comment upon the findings of the reports in Phases 1, 2 and 3 as appropriate prior to their publication. These committee(s) will be composed of the lead consultants, Municipal and Regional Staff and a technical consulting advisor to the Farewell Heights Landowners Group as appointed by the Group. 5.3 Project Schedule and Budget The schedule for this project will be 18 to 24 months from the date the project is awarded to the presentation of the final report at Clarington Council. The proposal must contain a detailed Gantt Chart and a project budget covering any and all fees and disbursements and represent a proposed total cost to the Municipality for all services required for the completion of the project as per these Terms of Reference. The budget should also include all tasks and team members assigned to the task. The Consultant may recommend additional, value-added services which are complementary to the project scope but not listed in this Terms of Reference; however, the cost of these additional services must remain separate from the rest of the project budget. The project will only proceed once the Municipality and the Landowners Group execute a funding agreement. Through the preparation of the Funding Agreement the Landowners Group and/or the Municipality may request changes to the proposed work plan. The revised Consultant's work plan and budget will become part of the funding agreement. 5.4 Additional Information The Consultant will be required to submit a declaration of Conflicts of Interest. GHD I Farewell Heights Landown frp�iou2 11227682 1 Farewell Heights Secondary Plan 12 Appendices GHD I Farewell Heights Landown frpljtou 11227682 1 Farewell Heights Secondary Plan 13 Appendix A General Scope for Technical Studies GHD I Farewell Heights Landown fup jto 4 11227682 1 Farewell Heights Secondary Plan 14 Natural Heritage Evaluation The purpose of the Natural Heritage Evaluation is to determine the extent of the natural heritage features and their buffers and the potential for development to adversely impact natural heritage features. The Evaluation is to be completed in keeping with all relevant policies of the Official Plan The Evaluation will examine the functions of the natural heritage features — Identify the location and extent of natural heritage features — Identify the potential impacts of the proposed Plan on the natural heritage features and their ecological functions — Identify any lands to be preserved in their natural state The results of the work to be completed in Phase 1 shall be summarized in a Planning Analysis - Phase 1 Report. This Report will consolidate and summarize the findings of the different reports and studies completed to date as well as the preliminary findings from the Planning Analysis. The results of Phase 1 will inform the preparation of the Phase 2 work. Landscape Analysis Report This Component shall include the following: — Describe and assess the existing context of the lands within the Study Area. — Identify the Study Area's topography and grading; existing built form; and natural features. — Prepare a summary of the Study Area in terms of parcel, topography, and built environment as foundation for the Area's development. Functional Servicing Report and Master Drainage Plan Identify and assess the future availability of the provision of water and sanitary sewer services and constraints to the Study Area. This review shall include the identification of the geographic limits to servicing and the costs, staging and financing which will be required to facilitate urban development in this area. These matters shall be prepared in close consultation with the Municipality's Engineering and Building Services Department and the Region of Durham. Stormwater drainage, including water quantity and water quality matters, will be addressed by this plan based on the Natural Heritage Evaluation and additional work as required. The master drainage plan shall illustrate the pattern of stormwater drainage and associated facilities for the Study Area. The Master Drainage Plan is to incorporate Low Impact Development measures. Once the preferred land use plan is prepared, a general servicing base plan will be prepared based on the analysis, and review of any requirements of the Municipality, the Region of Durham and Provincial Ministries and/or agencies. The servicing plan shall illustrate, among other matters, in graphic and textual form, the general provision of water services, sanitary sewer services and storm water drainage and associated facilities, if appropriate, for the Study Area. The servicing plan shall also include an appropriate phasing and costing schedule. Transportation Study This component shall include the following: — A review of the existing and planned transportation linkages in the Study Area. GHD I Farewell Heights Landownfrpjjto5-6 11227682 1 Farewell Heights Secondary Plan 15 A general review of the various transportation linkages to the Study Area from the existing and proposed transportation facilities. An assessment of the Durham Region Transportation Master Plan and the Clarington Transportation Master Plan, in particular, the opportunities for transit and transit supporting development patterns, in relation to the Study Area. Active transportation routes and facilities. Planning Analysis Report This Component shall include the following: — A general review of all relevant planning documents and studies, including all policies from the Clarington Official plan from Sustainability, Urban Design, Land Use to transportation and infrastructure. — A description and clear understanding of the proposed amendment. — An inventory of existing and proposed land uses by area and type within and adjacent to the Study Area. — A review of property ownership/businesses within the Study Area. — Provide the Study Areas planning history, including previous approvals. — Identify opportunities and constraints to the development of lands within the Study Area. — Identify any impact that development may have on existing uses within the Study Area. — Identify and analyse policies to be considered — Evaluate current zoning, lessons learned from approvals granted to date, and propose zoning recommendation based on policy analysis — Incorporate the findings from all the studies completed as part of the Secondary Plan process. — Address submissions for the public and agencies. Financial Impact Analysis The purpose of a Financial Impact Analysis (FIA) is to determine the proposed development's financial impact on the Municipality's operating and long term capital budgets. The study will consider the costs of the development in all Municipal services and infrastructure at both the Municipal and if required, Regional levels. The report will include demographic projections for both Greenfield and Intensification development, impacts on both hard and soft infrastructure such as roads and libraries or fire protection, respectively. In addition to the capital cost, the analysis should also include the additional operating/maintenance costs to be incurred by the Municipality. The report needs to include an analysis of municipal capital and operating costs already committed to other development applications, Secondary Plans, and other Municipal projects. The analysis should also include the impact on the Development Charges schedule and financing and include sensitivity analysis on various growth projection scenarios and may include analysis on various phasing options within the study area. The analysis should also demonstrate the impact on municipal taxes. GHD I Farewell Heights Landown f p Qip6M 11227682 1 Farewell Heights Secondary Plan 16 Urban Design Report The purpose of the Urban Design Report is to provide the foundation for the development of the Urban Design Guidelines for the Study Area. The Urban Design Report is a combination of text, plans, illustrative sketch diagrams and photos. The report will describe the vision or design intent, physical form, layout and design of the Study Area. The Urban Design Report will also illustrate the building massing and articulation to establish the relationship between the building and the street, pedestrian and transit linkages, landscape and outdoor amenity areas, and lighting. The Report will demonstrate how impacts on adjacent sites are mitigated including protecting significant views and vistas. Sustainability Report In conjunction with, and as part of, the findings of all other parts of the Secondary Plan study, the consultant shall identify and assess sustainable development principles and practices. The consultant shall prepare a set of guiding principles and standards for sustainable development in Phase 2 and will be used in Phases 3 and 4. The guiding principles and standards will support, but are not limited to, the following: — An approach to development that incorporates/utilizes/respects the vital function of Green Infrastructure. — A development pattern that encourages and supports transit usage. — A development pattern that is adaptable over time for future generations and promotes redevelopment of land and repurposing of buildings. — A land use and development pattern which establishes good connectivity and mobility in the area for automobiles, cyclists and pedestrians and provides healthy lifestyle choices. — A mix of housing and other uses which help create a complete community and contribute to the health and vibrancy of the existing and future community. — Green development standards that include resilient infrastructure and reduced greenhouse gas emissions in support of the move towards a net zero community. This Sustainability Report shall utilize, as a minimum base, the Priority Green Clarington Development Framework and Official Plan Policies, including concepts ranging from the integration of LIDs, trails, and subdivision layout for solar access to net zero neighbourhood and building design. Urban Design and Sustainability Framework for Farewell Heights The Urban Design and Sustainability Reports are to be used to create a Draft Land Use Plan that is to be developed in Phase 3. The consultants shall prepare a set of guiding principles and standards for sustainable development that the Draft Land Use Plan and Draft Zoning By-law will be compared against. Based on the technical findings of Phase 1, public input, and the review of best practices, the consultants will prepare an Urban Design and Sustainability Framework including principles and guidelines to be the basis for the Land Use Plan and zoning regulations. GHD I Farewell Heights Landown fup Jto? 11227682 1 Farewell Heights Secondary Plan 17 Appendix B Data Sharing Agreement GHD I Farewell Heights Landownfup jto8 11227682 1 Farewell Heights Secondary Plan 18 Clatinwa If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext_ 2131 To: CONSULTANT From: Cady Brown Date: DATE sut}ject: Geospattal Data Release Agreement This agreement is to certify that the Municipality of Clarington is agreeing to release geospatial datasets to CONSULTANTS. The digital mapping, hard copies, reports and analysis produced from it shall be for the sale us of CONSULTANTS and shall not be copied, resod of redistributed to any person or establishment in whole or in part by CONSUL TAMTS. The sale purpose of the data release for CONSULTANTS will be for the Soper Hills Secondary Plan_ The following geospataI datasets will be released: There Is no cost associated vnth the Urne Spent preparing and dellye ring these geaSpatial data sets. The above listed datasets adhere to any data Iirense listed awve in addition to the folkywing: The Municipality of Clarington makes no representabion or warranty of any kind with respect to the accuracy, usefulness, novelty, validity, scope, complat,eness or currency of the data and expressly disclaims any implied warranty of merchantability of frh7ess for a particular purpose of the data. CONSUL TANTS shall have no recourse against the Municipality of Clarington, whether by way of any suit, claim, or action, for any loss, Iiabxlrty, damage a cost that CONSULTANTS may suffer or incur at any time, by reason of CONSULTANTS possession or use of the data. CONSUL TANTS shall indemnify the Municipality of Clarington or its partners and twr employees, agents and contractors from all claims alleging loss, costs, expenses, damages or lnjuries (including injuries resulting in death) arising out of CONSULTANTS possession or use of the data. 40 Temperance Street, Bowmanville ON 1-1C 3A6 1 905-623-3379 GHD I Farewell Heights LandownF�1,,','05Xj 11227682 1 Farewell Heights Secondary Plan 19 All digital mapping, hard copies, reports and analysis produced under this agreement shall be destroyed upon completion of the protect or by December 31st, 2018. The data provided does not constitute an endorsement of this map or data by the Municipality of Clarington or da partners. CONSULTANTS The Municipality of Clarington July 20". 2018 Signature and Date Signature and Date Name: Cody Brown Title; GIS Technologist Company: Municipality of Clarington Department_ Planning Services Department Phone: 905 623.3379 exL2416 Email: c b ruwn do la6naton. net Mailing Address: 40 Temperance Street, Bowmanville Ontario, LiC 3A6 If you have any questions or concerns please contact the Municipality of Clarington's G I S Technologist, Cody Brown at cbrown0darlington.net or 995-623-3379 ext_2416. The Corporation of the Municipality of Clarington 40 Temperance Street, Bawmanville ON 11C 3A6 1 905-623-3379 GHD I Farewell Heights LandownfrpQip5o 11227682 1 Farewell Heights Secondary Plan 20 Attachment 5 to PDS-063-21 Farewell Heights Secondary Plan Public Meeting — Comments Up to and Including December 3rd 2021 # Name Comment Summary Date Format 1 Libby Racansky Concerned with the groundwater and environmental issues that could arise from November 23rd, 2021 development in this area. Requested to be added to the IP list. Email 2 Kevin Connolly General questions related to the Secondary Plan, expressed concern with the November 25t", 2021 impacts that the future Adelaide Ave extension will have on the area. Requested Email to be added to the IP list. 3 Mike Krane Does not want to see any development within the Farewell Heights Secondary November 26t", 2021 Plan Area. Email 4 Murray Asch General question about the Farewell Heights Secondary Plan. November 27t", 2021 Email 5 Chris Cappuccitti General question about the Farewell Heights Secondary Plan and wanted to November 29t", 2021 strongly suggest the no road access be planned on Pebblestone Road. Email Requested to be added to the IP list. 6 William Levine Provided suggestion to minimize the impacts that residential development would December 1st, 2021 have on the adjacent estate homes on Timberland Court. Requested to be Email added to the IP list. 7 Jeff and Sue Cade Concerned with the groundwater and environmental issues that could arise from December 3rd, 2021 development in this area. Requested to be added to the IP list. Email Page 61 BOUSFIELDS INC. Planning & Urban Design Rationale 2020 Lambs Road, Bowmanville Municipality of Clarington Prepared For Lambs Road School Property Ltd./ Lambs Road Developments Ltd. November 2021 www.bousfields.ca Urban Planning Urban Design Community Engagement Toronto O ice 3 Church Street, Suite 200 Toronto, ON M5E1M2 T. 416.947.9744 F. 416.947.0781 Hamilton O ice 1 Main Street East, Suite 200 Hamilton, ON L8N 1E7 T. 905.549.3005 F. 416.947.0781 Page 63 Table of Contents Executive Summary 1 Introduction 1 2 Site & Surroundings 5 2.1 The Site 6 2.2 Immediate Surroundings 9 2.3 Transportation Context 11 3 Proposal 10) 3.1 Application History 13 3.2 Description of Revised Proposal 14 3.3 Required Approvals 16 4 Policy & Regulatory Context 4.1 Provincial Policy Statement (2020) 19 4.2 A Place to Grow: The Growth Plan for the Greater Golden Horseshoe (2019) 20 4.3 Durham Region O icial Plan 24 4.4 Clarington O icial Plan 30 4.5 Draft Amendment No. 121 to the Clarington O icial Plan 37 4.6 Zoning By-law 39 4.7 General Architectural Design Guidelines (2011 Update) 40 4.8 Jury Lands, Bowmanville/Special Policy Area F Urban Design Master Plan + Design Guidelines 41 5 Planning & Urban Design Analysis 44 5.1 Intensification 45 5.2 Land Use 45 5.3 Built Form, Density, Height and Massing 46 5.4 Urban Design 47 5.5 Heritage 47 5.6 Archeological Assessment 48 5.7 Natural Heritage 48 5.8 Servicing and Stormwater Management 48 5.9 Transportation 48 6 Conclusion 51 Page 64 Executive Summary On behalf of Lambs Road School Property Ltd./ Lambs Road Developments Ltd., we are pleased to submit this revised Planning Rationale Report in support of a resubmission for applications for a Zoning By-law Amendment and a Plan of Subdivision for the lands municipally known as 2020 Lambs Road. On May 21, 2020, the applicant submitted applications for an Official Plan Amendment, a Zoning By-law Amendment, and Draft Plan of Subdivision for Areas 1 to 4. After consultation with Town staff over the past year and a half, refinements have been made to the development proposal and the municipally initiated Official Plan Amendment (OPA 121) for the Camp 30 lands. The revised proposal is generally consistent with the Town's proposed OPA, with the exception of the proposed land use designation on the lands in Area 4, which through this development proposal, would be designated as Medium Density Residential. Our rationale is summarized below as well as in the more detailed sections of the report. The proposal seeks to permit a multi -phase development comprised of a mix of low, medium, and high density residential and mixed use blocks, two new public roads, 25.2 hectares of open space, and a 4.6-hectare Municipal Wide Park, including the conveyance of five existing buildings within the boundaries of the historic ring road. The plan also integrates and protects natural features, including tributaries of the Soper Creek. A conceptual development plan has also been prepared to illustrate how the lands could be developed, including approximately 1,202 residential dwellings, consisting of a variety of low-rise and mid -rise built forms, and approximately 700 square metres of retail space. The revised proposal is a decrease in units from the May 2020 concept of 1,376 residential dwellings total. In our opinion, the proposed development of the subject site for the proposed land uses and development blocks is consistent with the Provincial Policy Statement (2020) and conforms to the policies of the Growth Plan for the Greater Golden Horseshoe (2019), the Regional Official Plan and the Municipality of Clarington Official Plan. From a land use perspective, the proposed redevelopment will support the achievement of numerous policy directions promoting intensification and redevelopment of underutilized sites within built-up urban areas. The mix of low, medium and high density residential and mixed use blocks will allow for a compact urban form that is contextually appropriate given the emphasis in the Growth Plan on optimizing the use of land in urban areas, and the need to provide a greater mix and range of housing in these areas. The housing mix contemplated includes a variety of traditional single detached and street townhouses as well as more compact townhouse forms and apartments, therefore providing a broader choice of housing options and eventual price points. Planning & Urban Design Rationale Bousfields Inc. Page 65 The Camp 30 lands differ from typical development in that it will be shaped by the extensive natural and cultural heritage features on the subject site. These features make the subject site unique and limit development to small and irregular parcels throughout the subject site. Given this, the overall density of development is relatively low due the large size of the subject site with vast areas of landscape and open space between development blocks. As such, it is important to optimize density on the subject site within the developable areas. Across the entire development site, less the 25.2 hectares of the natural heritage system, the concept plan contemplates a gross density of 69.6 units per hectare. This calculation is consistent with the Durham Region Official Plan's definition of Gross Density. With specific regard to Area 4, it is our opinion that a Medium Density Residential land use designation is appropriate for the lands. It is the policy of the PPS, Growth Plan, and both Regional and Municipal Official Plans to focus intensification in Built -Up Areas, such as Local Corridors like Lambs Road. Given that the width of the Local Corridor is approximate, and that most of the 100-metre depth along Lambs Road is a part of the Natural Heritage System or the cultural features, the proposal seeks to capture some of the density internal to the development area, particularly in Area 4. Designating these lands as Medium Density Residential would maintain the intent of the Local Corridor policy, due to the natural heritage constraints along the Lambs Road frontage which would have otherwise been developed as such. With large areas of the lands that are within the Local Corridor area proposed for natural heritage protection, density that would have resulted from intensification across the entire length of the Local Corridor cannot be achieved. Given this fact, it is our opinion that increased density beyond the approximate Local Corridor depth is logical, specifically in Area 4, provided that an appropriate transition in density and built form can be maintained throughout the designations on the subject site. The concept plan illustrates an appropriate transition in density and built form, generally decreasing in density and height based on land use type, as per the intended policy structure of OPA 121. The proposed development meets the minimum density requirements for sites located along Local Corridors, and neither the Regional nor Municipal Official Plan establishes a maximum density applicable to Local Corridors. In summary, it is our opinion that the proposal is an appropriate and desirable development of the site and represents good planning and urban design. Page 66 2020 Lambs Road, Bowmanville iii This Planning Rationale and Urban Design Report has been prepared by Bousfields Inc. on behalf of Lambs Road Developments Ltd in support of a resubmission to amend the city-wide Zoning By-law Amendment to permit a mixed -use development for the Camp 30 lands. Planning & Urban Design Rationale IV Bousfields Inc. Page 67 duction ' OV r X Area 3 m =" O 4 Area ,OWO0ID F , Area 1 �CONGESSII N TREIETgEASowl . _ _ it ��x � _'"' • - I L SUBJECT SITE n i On behalf of our client, Lambs Road School Property Ltd./ Lambs Road Developments Ltd., we are pleased to submit this revised Planning Rationale Report in support of a resubmission for applications for a Zoning By-law Amendment and a Plan of Subdivision for the lands municipally known as 2020 Lambs Road. In May 2020, Lambs Road School Property Ltd./Lambs Road Developments Ltd. submitted applications to comprehensively redevelop the site which included lands that were subject to a 2009 application ("Area 1") and the lands that are subject to recent applications ("Areas 2 to 4"). This resubmission updates the comprehensive redevelopment proposal submitted in May 2020. At the request of municipal staff for processing purposes, the application for draft plan of subdivision has been updated to reflect Areas 1 to 4 combined. This revised proposal addresses Areas 1 to 4 and provides for a residential and mixed use development on the west side Lambs Road and north of Concession Street East, on a 42.5-hectare (105 acre) property, municipally known as 2020 Lambs Road, Bowmanville in the Municipality of Clarington (the "subject site") (see Figure 1—Site Area). Given its previous uses, the site is also referred to as "Camp 30" or the "Jury Lands". The proposal seeks to amend the Zoning By-law and subdivide the subject site to permit a multi- phase development comprised of a mix of low, medium, and high density residential and mixed use blocks, two new public roads, 25.2 hectares of open space, and a 4.6-hectare Municipal Wide Park, including the conveyance of five existing buildings within the boundaries of the historic ring road. The plan also integrates and protects natural features, including tributaries of the Soper Creek. A conceptual development plan has also been prepared to illustrate how the lands could be developed, including approximately 1,202 residential dwellings, consisting of a variety of low-rise and mid -rise built forms, and approximately 700 square metres of retail space. The revised proposal contemplates a decrease in units from the May 2020 concept of 1,376 residential dwellings total. As discussed above, a portion of the lands was subject to applications submitted in 2009 for an Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision, referred to as "Area 1" (File Nos.: COPA 2009-0006, ZBA 2009-0023 and S-C-2009-0003). Since that time, additional concepts were developed, including a proposed development scheme created in 2016 in collaboration with the owner and the Municipality, a draft conceptual plan prepared by DTAH in 2019 and a draft land use plan prepared by the Municipality in support of a draft Official Plan Amendment (OPA 121) prepared in 2019. Furthermore, upon continued consultation with the owners, an updated draft Official Plan Amendment was brought to Planning and Development Committee on October 4, 2021, and is generally consistent with the applicant's proposal, with the exception of the proposed land use designation on the lands in Area 4. The proposal seeks to designate Area 4 as Medium Density Residential, which is further discussed in Section 5 of this report. From a land use planning perspective, the proposed development represents an appropriate form of residential intensification within the built boundary of a settlement area. The level of intensification proposed is appropriate given the existing and emerging land use and built form context. The proposal is supportive of those Provincial and Official Plan policies which promote intensification within built-up urban areas, particularly in locations which are well - served by municipal infrastructure, while having regard for the provision of complete communities that provide access to high quality open space. Introduction 3 Page 70 2020 Lambs Road, Bowmanville From a built form and urban design perspective, the proposal provides a compatible development with limited built form impacts on nearby or adjacent residential properties and the heritage resources. The proposed height and massing of the proposed development is in keeping with the emerging context and is compatible with the existing and future planned context of the surrounding lands. The buildings are sited to frame the Lambs Road and Concession Street East frontages, as well as the proposed park and existing heritage resources. This report concludes that the intensification of the subject site is consistent with the policy directions articulated in the Provincial Policy Statement (2020), A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended), the Region of Durham Official Plan (2017), and the Municipality of Clarington Official Plan (2018), all of which support intensification on underutilized sites in built up areas. Accordingly, this report concludes that the proposal is appropriate and desirable, and the requested applications should be approved. 4 Planning & Urban Design Rationale Bousfields Inc. Page 71 Page 72 2.1 The Site The site is located within the Bowmanville Urban Area within the Municipality of Clarington. Collectively, the subject site, including Areas 1 to 4, is generally rectangular in shape, with the exception of the western boundary abutting the Soper Creek that has an irregular property line. The southern property boundary abuts Concession Street East, extending from Soper Creek on the west to Lambs Road to the east. To the east, the site is bounded by Lambs Road and to the north, the site terminates just south of the Canadian Pacific Railway. The site has a gross area of approximately 42.5 hectare (105 acre). The lands slope gradually in a south-westerly direction. A tributary of the Soper Creek runs along the west side of the site and two easy west tributaries divide the site generally into thirds. The central part of the site includes a National Heritage Site designated under the Historic Sites and Monuments Act on April 19, 2013. This designation identifies the landscape, the six buildings laid out in a campus -style plan beside an oval -shaped ring road, the network of paved pathways, the Prairie -Style of the building, and the view planes between the buildings. These buildings are connected by an oval -shaped ring road and a network of paved and unpaved paths. These buildings range in height from single to two -storeys and were originally constructed in 1925 when the site operated as a boy's training school. During World War II the property operated as a German Prisoner of War camp, after which point it resumed operating as a school until 2008. The area south of the ring road at the southeast corner of the subject site includes the former sports fields. Currently access to the site is provided through two entrances from Lambs Road. Athird entrance from Concession Street East historically existed but is currently overgrown and closed. Subject Site: Looking east from the ring road Subject Site: Looking south from the ring road Subject Site: Looking west from the ring road Planning & Urban Design Rationale 6 Bousfields Inc. Page 73 Subject Site: Looking north from the ring road I Subject Site: View of the Jury House Subject Site: View of the Jury House _ f y Subject Site: Soper Creek Tributary Subject Site: View of the Gym/Pool Site & Surroundings 7 Page 74 2020 Lambs Road, Bowmanville LA . . . . . . . . . . . . 2.2 Immediate Surroundings To the immediate north of the subject site, within the boundaryofthe Jury Lands Special Policy Area, is a currently vacant parcel of land which abuts the Canadian Pacific ("CP") Railway Corridor. This parcel is planned for future development. Further north of the rail corridor, the land uses are generally comprised of a combination of agricultural lands and natural areas. Similarly, to the east the land uses are also generally comprised of vacant agricultural lands, with the exception of a single -storey warehouse structure on the east side of Lambs Road, adjacent to the northern entrance of the subject site. These lands are designated as Future Urban Residential in the Bowmanville Urban Area. Directly south of the subject site, at the southwest corner of the Lambs Road and Concession Street East intersection, is another farm property with an application for plan of subdivision comprised of 273 detached dwellings and 268 townhouses submitted by Farsight Development (File No. S-C- 2005-002). W- , - To the west of the site, on the west side of Soper Creek, is an existing neighbourhood comprised of low density residential consisting of two -storey single -detached homes along Guildwood Drive. Further to the west, within the neighbourhood is Guildwood Park and John M. James Public School. To the southwest is Campbell Court (114 Concession Street East), which is a complex of six 3-storey walk up apartments with internal surface parking, part of the Durham Region Participation House Project. Further west, along Concession Street East, Mearns Meadows is a development of row houses with a single storey community building and playground at its core. At the northwest corner of the intersection of Concession Street East and Mearns Avenue, 100 Mearns Avenue is an L-shaped multi -unit commercial retail plaza with surface parking at the front of the property. t- I^ Lands to the immediate north of the Subject Site Site & Surroundings 9 Page 76 2020 Lambs Road, Bowmanville Lands to the immediate east of the Subject Site Guildwood Drive 100 Mearns Avenue Lands to the immediate south of the Subject Site (Farsight Development) 114 Concession Street East ,� O Planning & Urban Design Rationale Bousfields Inc. Page 77 2.3 Transportation Context 2.3.1 Road Network The portion of Lambs Road which runs along the eastern boundary of the site, is identified as a Type B Arterial Road by the Municipality of Clarington Official Plan (Schedule J1: Transportation Network). Lambs Road currently has a 2-lane cross-section and a 20-metre-wide Right -Of -Way ("ROW"). As a Type B Arterial Road, the planned right-of-way width is between 30 and 36 metres with a 4-lane cross section in the Urban Area. The portion of Concession Street East which runs east -west along the southern boundary of the site, is identified as a Type C Arterial Road by the Municipality of Clarington Official Plan (Schedule J1: Transportation Network). Currently, Concession Street East has a 4-lane cross-section and a 20-metre-wide ROW. Type C Arterial Roads have a planned right-of-way width of 26 to 30 metres with a 2 to 4 lane cross-section in Urban Areas. 2.3.2 Transit Network Bowmanville is accessible by regional transit service and GO Transit. In September 2020, Durham Region Transit (DRT) reduced the number of bus routes servicing the Region, including Bowmanville, due to low ridership and instituted an On Demand service to replace many local routes. Bowmanville continues to be serviced by the 902A DRT bus route operating between King Street and Simpson Avenue in Bowmanville (approximately 1.5 km southeast of the subject site) and the Oshawa GO Train Station via downtown Oshawa. Other local bus routes serving Bowmanville are replaced by DRT On Demand, which is a shared -ride service that can be booked using the app or by phone and provides service within defined transit zones, operating between local stops and connections to more frequent bus routes and local GO stations or bus terminals. The subject site is approximately a 10-minute drive from the Bowmanville GO Bus station. J � by the urham 2 I A BWIIANVILLE Uri BA N'A R E ,(SEE'MAP J3) .q 1 low� I I Ih _ Figure 2 - Clarington OP Schedule A 9ETTUMENT AREA EOLINDWY FRF;EVMY TYPE AARTERIAL ROAD TYPE RARTERLAL RODE] TYPE C ART♦ MAL ROAD rQL4,EGFOR R9A4 REVORAL IRMIMIT SPINE .......... FRECYaV LTUS RAPID TRANSIT UPPE ■ ..... ■ RAII TRAA{SFF LINE RAILVAY 1 EXISTING T FRrPMY INTMCHALYGE #}1"F FREEWAY INTERQ"AR`IDE "ORE PAIMAL FREEVAY INTERCHANGE a E,YISTING GRADE SEPARATION V FROPp8E9 91ADE aEYARAII DN PRE EMY MANsi r aTATK?N ED THM5"R7ATION HuIR THe �MCCH �LF< of aumaAar Page 78 Site & Surroundings 11 2020 Lambs Road, Bowmanville Page 79 3.1 Application History As discussed, development applications for Area 1 were submitted in December 2009 (File Nos.: COPA 2009-0006, S-C-2009-0003 and ZBA 2009-0023). The applications sought to relocate the Community Park designation at the centre of the subject site, located within proximity of the heritage buildings. The 2009 plan also sought to redesignate the southern portion of the site to Urban Residential Area with Medium Density Residential permissions to permit 116 residential units. On June 16, 2016 an Option to Purchase Agreement was reached between the Corporation of the Municipalityof Clarington and Lambs Road School Property Ltd. and Lambs Road Developments Ltd. which granted the Municipality the option to purchase a 6.2 ha (15.32 ac) portion of the subject site for the purposes of a Community Park subject to the conditions of the agreement. Amongst other matters, the agreement gave the Municipality the right to exercise the Option to Purchase the parkland, conditional upon the approval of the applications for Area 1 as illustrated in Schedule E of the Agreement (see Figure 3 —Schedule E: Concept Plan). This concept plan was divided into four areas. Area 1 was comprised of detached dwellings, townhouse units and stacked townhouses with a total of 205 units; Areas 2 through 4 included the same built form mix as Area 1 with a total of 291 units. On May 21, 2020, the applicant submitted applications for an Official Plan Amendment, a Zoning By-law Amendment, and Draft Plan of Subdivision for Areas 1 to 4. After consultation with Town staff over the past year and a half, refinements have been made to the proposal and the municipally initiated Official Plan Amendment for the Camp 30 lands. The revised proposal is generally consistent with the Town's OPA, with the exception of the proposed land use designation on the lands in Area 4, further discussed in Section 5 of this report. Figure 3 - Schedule E: Concept Plan Proposal 13 Page 80 2020 Lambs Road, Bowmanville 3.2 Description of Revised Proposal The revised proposal for the development of the subject site provides a balanced approach by contemplating a residential and mixed uses, public open space, while preserving the majority of the existing buildings, as shown on Figure 4 - Draft Plan. The revised plan for provides an approach which seeks to optimize the development of the lands, making efficient use of existing infrastructure and integrated with the existing heritage resources. The Draft Plan includes the four developable areas of the subject site. Areas 1 to 4 will introduce a mix of Low, Medium and High Density Residential and Mixed Use land uses along the existing and proposed road network while preserving the natural and cultural heritage features. The Draft Plan proposes several residential blocks and one mixed use block, which combined is approximately 11 hectares of the 42.5-hectare site. Further, the Draft Plan proposes a4.6-hectare park block within Areas 2 and 3 intended as a Municipal Wide Park, a 0.4-hectare stormwater management pond in Area 4, and a total of 25.2 hectares to remain as open space. The heritage buildings within the ring road are planned to be dedicated to the Municipality for community uses within the public park surrounding these buildings. The block at the immediate corner of Lambs Road and Concession Street East is proposed as High Density Residential/Mixed Use Local Corridor and could include a mix of residential and retail uses. The remainder of Area 1 consists of Medium Density Residential Local Corridor blocks adjacent to the existing roads and Low Density Residential blocks, generally internal to the area and adjacent to the open space. Areas 2 and 3 are closest to the existing buildings and as such, the blocks are proposed as a mix of Medium Density Residential Heritage and Medium Density Residential Local Corridor, respecting the form and character of the heritage buildings within the ring road. Area 4 is proposed as a Medium Density Residential block and includes a block for the purpose of stormwater management. Figure 4 - Draft Plan 14 Planning & Urban Design Rationale Bousfields Inc. Page 81 The Draft Plan would also facilitate the creation of 13 single detached lots in Area 1, fronting the proposed public road (Street 'A') and backing onto the open space. The proposed minimum frontages of the single detached lots range from 11.0 metres to 13.4 metres. A 6.0-metre pedestrian walkway block is proposed between lots 8 and 9 and would connect the public road in Area 1 to the existing paved road within the open space. The plan is structured around the introduction of two new public local roads, both with 20.0-metre rights -of -way. The public road proposed in Area 1, Street'A', connects to Concession Street East and Lambs Road. Area 4 contains the second public road, Street 'B', which will connect Lambs Road through the open space and to the developable lands to the north. The existing paved road along the west side of Area 1 which connects to the ring road to the north will function as a trail within the open space system, preserving the natural features to the west and facilitating pedestrian movement through the park and open space. Concept Plan While development of the residential blocks will be subject to future site plan applications, a concept plan has been prepared to illustrate the proposed built form and potential unit count (see Figure 5 — Concept Plan). The development proposes a mix of residential built forms with higher density uses generally along the edges, where possible given the efforts to conserve the natural heritage system. A total 1,202 residential dwellings are contemplated in the development, which has been decreased from the May 2020 concept of 1,376 residential units. I 1 �ME- ENI 7 YY®YY Ys �� OPE SPACE YYnIfI Y0. � �GG PER i . ����®n rie®.� � �r� ►ram 1 AGRICULTURE I (FUTURE RESIDENTIAL) Figure 5 - Concept Plan Proposal 1 5 Page 82 2020 Lambs Road, Bowmanville Apartment buildings of 4 and 6-storeys are contemplated, generally located along Lambs Road and Concession Street East. A 6-storey mixed -use apartment building is shown at the northeast corner of the Lambs Road and Concession Street East intersection and may include approximately 700 square metres of ground floor retail space. A mix of townhouse units are also demonstrated, comprised of 2-storey street townhouses, 3-storey back- to-back townhouses and 4-storey stacked townhouses. The table below summarizes the concept plan unit count by Area. The proposal seeks to site buildings so that they are integrated with the surrounding open space areas and respect the existing buildings. Multiple amenity spaces between the townhouse blocks and apartment buildings is also contemplated, and will be further detailed through future planning applications. Concept Plan Stats Area 1 0.69 Area 1A 2.14 Area 1 B 2.15 Area 2A 0.72 Area 2B I 0.97 Area 3 1.72 Area 4 2.60 Open Space A total of 4.6 hectares of the subject site will be conveyed as a municipal park, compromising the central portion of the site including the ring road and five of the six existing buildings. In addition, approximately 25.2 hectares will be designated as open space, including the Soper Creek and its tributaries. A stormwater management facility is proposed in Area 4 adjacent to the open space area. Proposed Road Network As discussed, access to the development is proposed through two new public roads, with two connections to Lambs Road and one connection to Concession Street East. Private roads are also anticipated within the residential and mixed use blocks and are shown in the concept plan with a minimum width of 6.5 metres. The layout and details of private roads will be dealt with through future site plan applications. Single Detached —13* s Street Townhouse —19 13213 Townhouse — 52 Apartment —136 B2B Townhouse —16 Stacked Townhouse —100 Apartment —175 Apartment — 91 Apartment —140 Stacked Townhouse — 88 Apartment —184 Street Townhouse — 44 Stacked Townhouse —144 Total 10.99 1,202 *Single detached lots in Area 1 to be developed through draft plan application ,� 6 Planning & Urban Design Rationale Bousfields Inc. Page 83 The proposed 20.0-metre public road in Area 1 (Street 'A') will have access to Lambs Road and Concession Street while providing internal connections to the development blocks within Areal. Access to Areas 2 and 3 is proposed directly from Lambs Road. The proposed 20.0-metre public road in Area 4 provides a connection to Lambs Road and will connect to the future development to the north. An emergency exit road over the CP rail line is also proposed north of Area 4. The existing ring road, that extends from just north of Concession Street East to the area with the heritage buildings, will generally function as a multi -use path with limited vehicle access to a portion of Area 2. An approximate 3.0-metre road widening is proposed along Concession Street East. Parking The concept plan also illustrates parking locations within the proposed Medium and High Density development blocks. Parking for traditional and back-to-back townhouse dwellings should be supplied with driveways and/or garages whereas the stacked townhouses and apartment buildings are planned to include underground parking. Surface parking is also contemplated throughout the site to accommodate visitor and retail parking spaces. With respect to parking ratios, 1.45 spaces per apartment unit are proposed, including 0.25 visitor parking spaces per unit. For all townhouse units, 2.25 spaces per unit are proposed, including 0.25 visitor parking spaces per unit. 3.3 Required Approvals In our opinion, the proposed development conforms with the Regional Official Plan, as such, no Regional Official Plan Amendment is required. With respect to the Clarington Official Plan, an amendment is required to Map A3— Land Use Bowmanville Urban Area to designate the location of the historic buildings and ring road to a Municipal Wide Park; and to amend Special Policy Area F to include, amongst others, permission for Low, Medium and High Density Residential throughout the majority of the site. As discussed above, Clarington Town Staff prepared a draft Official Plan Amendment (OPA 121) for the Camp 30 lands and have worked in consultation with the owner and other stakeholders to establish a logical and viable land use plan for the subject lands. The revised proposal described in this report is generally consistent with the Town's vision for the lands based on draft OPA 121, except for the proposed land use designation on the lands within Area 4. The proposal seeks to designate these lands as Medium Density Residential, which would require further modification to draft OPA 121. The planning rationale for designating these lands as such is discussed in Section 5 of this report. The proposed development also requires an amendment to the Municipality of Clarington Zoning By-law 2005-109, as amended, in order to rezone the subject lands from Urban Residential Exception R1-10 to appropriate zones. Further, the proposed draft plan of subdivision will be submitted concurrently. Site Plan Applications will also be required to facilitate the development and will be submitted at a later date. Proposal ,17 Page 84 2020 Lambs Road, Bowmanville Policy & Regulatory Context As set out below, the proposed residential development is supportive of the overall policy directions set out in the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the Region of Durham Official Plan, and the Municipality of Clarington Official Plan, all of which support the efficient use of land and infrastructure within built-up areas. 4.1 Provincial Policy Statement (2020) On February 28, 2020, the Ministry of Municipal Affairs and Housing released the Provincial Policy Statement, 2020, which came into effect on May 1, 2020 (the "PPS"). The PPS provides policy direction on matters of Provincial interest related to land use planning and development. In accordance with Section 3(5) of the Planning Act, all decisions that affect a planning matter are required to be consistent with the PPS. In this regard, Policy 4.2 provides that the PPS "shall be read in its entirety and all relevant policies are to be applied to each situation". As compared with the 2014 PPS, the 2020 PPS includes an increased emphasis on encouraging an increase in the mix and supply of housing, protecting the environment and public safety, reducing barriers and costs for development and providing greater certainty, and supporting the economy and job creation. One of the key policy directions expressed in the PPS is to build strong communities by promoting efficient development and land use patterns. To that end, Part V of the PPS contains several policies that promote intensification, redevelopment and compact built form. Policy 1.1.1 provides that healthy, liveable and safe communities are to be sustained by: • promoting efficient development and land use patterns; • accommodating an appropriate affordable and market -based range and mix of residential types, employment, institutional, recreation, park and open space, and other uses to meet long-term needs; • avoiding development and land use patterns that may cause environmental or public health concerns; • avoiding development and land use patterns that would prevent efficient expansion of settlement areas; • promoting the integration of land use planning, growth management, transit - supportive development, intensification and infrastructure planning to achieve cost- effective development patterns, optimization of transit investments and standards to minimize land consumption and servicing costs; • improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; and • ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs. Policy 1.1.2 requires that sufficient land be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years, informed by provincial guidelines. Policy 1.1.2 also states that within settlement areas, sufficient land shall be made available through intensification, redevelopment and if necessary, designated growth centres. Section 1.1.3 provides settlement area policies and states that land use patterns within settlement areas should support a mix of land uses and densities that efficiently utilize land, resources and infrastructure, promote energy efficiency and support active transportation. Policy 1.1.3.1 states that settlement areas shall be the focus of growth and development. Policy 1.1.3.2 provides that "land use patterns within settlement areas shall be based on densities and a mix of land uses which: Policy & Regulatory Context 19 Page 86 2020 Lambs Road, Bowmanville a. efficiently use land and resources; b. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; c. minimize negative impacts to air quality and climate change, and promote energy efficiency; d. prepare for the impacts of a changing climate; e. support active transportation; f. are transit -supportive, where transit is planned, exists or may be developed; and g. are freight -supportive." Policy 1.1.3.3 further provides that planning authorities shall identify appropriate locations and promote opportunities to accommodate a significant supply and range of housing options through intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Policy 1.1.3.6 speaks to the need for new development within designated growth areas to occur adjacent to existing built-up areas. Development should have compact form with a mix of uses and densities that promote the efficient use of land, infrastructure and public service facilities. The PPS defines designated growth areas as "lands within settlement areas designated in an official plan for growth over the long-term planning horizon provided in Policy1.1.2, butwhich have not yet been fully developed." Furthermore, designated growth areas include lands which are designated and available for residential growth in accordance with Policy 1.4.1(a), as well as lands required for employment and other uses. In this regard, the subject lands classify as a designated growth area. With respect to housing, Policy 1.4.1 states "to provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area, planning authorities shall: a. maintain atalltimestheabilitytoaccommodate residential growth for a minimum of 15 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and b. maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a three-year supply of residential units available through land suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans." Policy 1.4.3 requires the provision of an appropriate range of housing options and densities to meet projected market -based and affordable housing needs of current and future residents by, among other matters: • establishing and implementing minimum targets for the provision of affordable housing and which aligns with applicable housing and homelessness plans; • permitting and facilitating all forms of housing to meet the social, health and well-being requirements of residents, including second units; • directing new housing to locations where infrastructure and public service facilities are or will be available; • promoting and facilitating all housing options required to meet the social, health, economic and well- being requirements of current and future residents, including special needs requirements and needs arising from demographic changes and employment opportunities; and all types of residential intensification, including additional residential units; and • directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; and • promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed. 20 Planning & Urban Design Rationale Bousfields Inc. Page 87 Regarding public spaces, Policy 1.5.1 states that healthy, active communities should be promoted by planning public streets, spaces, and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Further, the policy directs communities to be promoted by planning and providing for a full range and equitable distribution of publicly - accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages. The efficient use of infrastructure is a key element of provincial policy (Section 1.6). Policies 1.6.3-1.6.5 provide that: • infrastructure and public service facilities shall be provided in an efficient manner that prepares forthe impacts of a changing climate while accommodating projected needs. • planning for infrastructure and public service facilities shall be coordinated and integrated with land use planning and growth management so that they are available to meet current and projected needs. • planning authorities should promote green infrastructure to complement infrastructure. • before consideration is given to developing new infrastructure and public service facilities the use of existing infrastructure and public service facilities should be optimized; and opportunities for adaptive re -use should be considered, wherever feasible. • infrastructure and public service facilities should be strategically located to support the effective and efficient delivery of emergency management services, and to ensure the protection of public health and safety. • public service facilities should be co -located in community hubs, where appropriate, to promote cost-effectiveness and facilitate service integration, access to transit and active transportation. With respect to stormwater management, Policy 1.6.6.7 provides that planning for stormwater management shall: • be integrated with planning for sewage and water services and ensure that systems are optimized, feasible and financially viable over the long term; • minimize, or, where possible, prevent increases in contaminant loads; • minimize erosion and changes in water balance, and prepare for the impacts of a changing climate through the effective management of stormwater, including the use of green infrastructure; • mitigate risks to human health, safety, property and the environment; • maximize the extent and function ofvegetative and pervious surfaces; and • promote stormwater management best practices, including stormwater attenuation and re -use, water conservation and efficiency, and low impact development. Policy 1.7.1 of the PPS states that long-term prosperity should be supported through a number of initiatives including: encouraging residential uses to respond to dynamic market - based needs and provide necessary housing supply and a range of housing options for a diverse workforce; optimizing the use of land, resources, infrastructure and public service facilities; maintaining and enhancing the vitality and viability of downtowns and main streets; encouraging a sense of place by promoting well - designed built form and cultural planning. Section 2.1 relates to Natural Heritage and Policy 2.1.1 states that natural features and areas shall be protected for the long term. Policy 2.1.2 further states that "the diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features." Policies 2.1.4 to 2.1.8 generally state the features and areas where development and site alteration shall not be permitted, including, but not limited to: significant wetlands, significant coastal wetlands, significant woodlands, significant valleylands, significant wildlife habitat, significant areas of natural and scientific interest, fish habitat, and habitat of endangered and threatened species. Policy & Regulatory Context 21 Page 88 2020 Lambs Road, Bowmanville Section 2.6 provides policies related to cultural heritage and archaeology and states that significant built heritage resources and significant cultural heritage landscapes shall be conserved (Policy 2.6.1). Policy 2.6.2 provides that development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved. Policy 2.6.3 states that planning authorities shall not permit development and site alteration on adjacent lands to protected heritage properties except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. For the reasons set out in Section 5 of this report, it is our opinion that the proposal and the requested amendments are consistent with the Provincial Policy Statement, specifically those policies relating to optimization and the efficient use of land through intensification, conservation of natural and cultural heritage, and the efficient use of land and infrastructure. 4.2 A Place to Grow: The Growth Plan for the Greater Golden Horseshoe (2019) On May 16, 2019, A Place to Grow: The Growth Plan for the Greater Golden Horseshoe ("Growth Plan") came into effect, replacing the Growth Plan for the Greater Golden Horseshoe, 2017. All decisions made on or after this date in respect of the exercise of any authority that affects a planning matter will conform with the Growth Plan 2019, subject to any legislative or regulatory provisions providing otherwise. Subsequently, on August 28, 2020, the 2019 Growth Plan was amended by Growth Plan Amendment No. 1. The Growth Plan provides a framework for implementing the Province's vision for managing growth across the region to the year 2051 and supports the achievement of complete communities. Under the Planning Act, all decisions with respect to land use planning matters are required to conform to the Growth Plan. The Guiding Principles which are important for the successful realization of the Growth Plan are set out in Section 1.2.1. Key principles relevant to the proposal include: • supporting the achievement of complete communities that are designed to support healthy and active living and meet people's needs for daily living throughout an entire lifetime; • prioritizing intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability; • supporting a range and mix of housing options, including second units and affordable housing, to serve all sizes, incomes, and ages of households; • provide for different approaches to manage growth that recognize the diversity of communities in the GGH; • protect and enhance natural heritage, hydrologic, and landform systems, features, and functions; and • conserve and promote cultural heritage resources to support the social, economic, and cultural well-being of all communities. Section 1.2.3 provides that the Growth Plan is to be read in its entirety and the relevant policies are to be applied to each situation. The Growth Plan policies emphasize the importance of integrating land use and infrastructure planning, and the need to optimize the use of the land supply and infrastructure. A Place to Grow includes objectives that support the development of complete communities and promotes transit -supportive development. As noted in Section 2.1 of the Plan: "To support the achievement of complete communities that are healthier, safer, and more equitable, choices about where and how growth occurs in the GGH need to be made carefully. Better use of land and infrastructure can be made by directing growth to settlement areas and prioritizing intensification, with a focus on strategic growth areas, including urban growth centres and major transit station areas, as well as brownfield sites and greyfields. Concentrating new development in these 22 Planning & Urban Design Rationale Bousfields Inc. Page 89 areas provides a focus for investments in transit as well as other types of infrastructure and public service facilities to support forecasted growth, while also supporting a more diverse range and mix of housing options... It is important that we maximize the benefits of land use planning as well as existing and future investments in infrastructure so that our communities are well -positioned to leverage economic change." The Growth Plan provides objectives in support of a range and mix of housing options. Section 2.1 further notes: "...many communities in the GGH are facing issues of housing affordability, which are being driven primarily by sustained population growth and factors such as a lack of housing supply with record low vacancy rates. This Plan helps to address this challenge by providing direction to plan for a range and mix of housing options, including second units and affordable housing and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. There is also a need for stakeholders to work collaboratively to find opportunities to redevelop sites using more age -friendly community design." Section 2.1 sets out policies to Managing Growth in the region and provides population and employment forecasts for each upper -tier municipality. Policy 2.2.1(2)(a) provides that the vast majority of growth will be directed towards settlement areas that have delineated built boundaries, have existing or planned municipal water and wastewater systems and can support the achievement of complete communities; while, Policy 2.2.1(2)(c) provides that, within settlement areas, growth will be focused in delineated built-up areas, strategic growth areas, and locations with existing or planned transit and areas with existing or planned public service facilities. Finally, Policy 2.2.1(2)(e) provides that development will be generally directed away from hazardous lands. Regarding the notion of complete communities, Policy 2.2.1(4) states that applying the policies of this Plan will support the achievement of complete communities that: a. feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b. improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c. provide a diverse range and mix of housing options, including second units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d. expand convenient access to: i. a range of transportation options, including optionsforsafe,comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e. provide for a more compact built form, and a vibrant public realm, including public open spaces; f. mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g. integrate green infrastructure and appropriate low impact development. With regard to the regional growth forecasts, Schedule 3tothe Growth Plan allocates population and employment forecasts of 1,300,000 people and 460,000 jobs to the Region of Durham for the horizon of this Plan (2051). Furthermore, Policy 2.2.1(3) directs upper -and single -tier municipalities to undertake integrated planning to manage forecasted growth to the horizon of this Plan, which will: Policy & Regulatory Context 23 Page 90 2020 Lambs Road, Bowmanville a. establishing a hierarchy of settlement areas, and areas within settlement areas; b. be supported by planning for infrastructure and public service facilities by considering full life cycle costs of these assets and developing options to pay for these costs over the long- term; c. provide direction for an urban form that will optimize infrastructure, particularly along transit and transportation corridors, to support the achievement of complete communities through a more compact built form; d. support the environment and agricultural protection and conservation objectives of this Plan; and e. be implemented through a municipal comprehensive review and, where applicable, include direction to lower tier municipalities. Policy 2.2.2(1)(a) provides that by the time the next municipal comprehensive review is approved and in effect, and for each year thereafter, the applicable minimum intensification target is as follows: a minimum of 50 percent of all residential development occurring annually within each of the Cities of Barrie, Brantford, Guelph, Hamilton, Orillia and Peterborough and the Regions of Durham, Halton, Niagara, Peel, Waterloo and York will be within the delineated built-up area. Policy 2.2.2(2) states that until the next municipal comprehensive review is approved and in effect, the annual minimum intensification target contained in the applicable upper- or single -tier official plan that is approved and in effect as of July 1, 2017 will continue to apply. Policy 2.2.2(3) requires municipalities to develop a strategy to achieve the minimum intensification target and intensification throughout delineated built-up areas, which will, among other things: a. identify strategic growth areas to support achievement of the intensification target and recognize them as a key focus for development; b. identify the appropriate type and scale of development and transition of built form to adjacent areas; c. encourage intensification generally throughout the delineated built-up area; d. ensure lands are zoned and development is designed in a manner that supports the achievement of complete communities; and e. be implemented through official plan policies and designation, updated zoning and other supporting documents. The subject site has characteristics of a "strategic growth area" pursuant to the Growth Plan (i.e. a focus for accommodating intensification and higher -density mixed uses in a more compact built form). Strategic growth areas include urban growth centres, major transit station areas, and other major opportunities that may include infill, redevelopment, brownfield sites, the expansion or conversion of existing buildings, or greyfields. Lands along major roads, arterials, or other areas with existing or planned frequent transit service or higher order transit corridors may also be identified as strategic growth areas. In this regard, the subject site represents an opportunity for major redevelopment along arterial roads (Lambs Road and Concession Street East). Section 2.2.6 discusses housing policies. Policy 2.2.6(1) requires municipalities todevelop housing choices that, among other matters, supports the achievement of the minimum intensification and density targets in the Growth Plan and identifies a diverse range and mix of housing options and densities to meet projected needs of current and future residents (a). The strategy is to be implemented through official plan policies and designations and zoning by-law amendments (e). Policy 2.2.6(2) states that notwithstanding policy 1.4.1 of the PPS, municipalities will support the achievement of complete communities by: planning to accommodate forecast growth to the horizon of this Plan; planning to achieve minimum intensification and density targets in this Plan; considering a range and mix of housing options and densities of the existing housing stock; and planning to diversify their overall housing stock across the municipality. With respect to stormwater management, Policy 3.2.7(2) provides that proposals for large-scale development proceeding by way of a secondary plan, plan of subdivision, vacant land plan of condominium or site plan will be supported by a stormwater management plan or equivalent, that: Planning & Urban Design Rationale 24 Bousfields Inc. Page 91 24 a. is informed by a subwatershed plan or v equivalent; b. incorporates an integrated treatment approach to minimize stormwater flows and reliance on stormwater ponds, which includes appropriate low impact development and green infrastructure; c. establishes planning, design, and construction practices to minimize vegetation removal, grading and soil compaction, sediment erosion, and impervious surfaces; and d. aligns with the stormwater master plan or equivalent for the settlement area, where applicable. Section 4 of the Growth Plan, entitled "Protecting What is Valuable", includes policies designed to protect valuable provincial resources (which include the Natural Heritage System, Key Hydrologic Features, Key Natural Heritage Features, Public Open Space, the Agricultural System and Mineral Aggregate Resources) and promote a culture of conservation. With respect to Natural Heritage Systems, Policy 4.2.2(3)(a) provides that new development or site alteration will demonstrate that: i. there are no negative impacts on key natural heritage features or key hydrologic features or their functions; ii. connectivity along the system and between key natural heritage features and key hydrologic features located within 240 metres of each other will be maintained or, where possible, enhanced for the movement of native plants and animals across the landscape; iii. the removal of other natural features not identified as key natural heritage features and key hydrologic features is avoided, where possible. Such features should be incorporated into the planning and design of the proposed use wherever possible; iv. except for uses described in and governed by the policies in subsection 4.2.8, the disturbed area, including any buildings and structures, will not exceed 25 per cent of the total developable area, and the impervious surface will not exceed 10 per cent of the total developable area; with respect to golf courses, the disturbed area will not exceed 40 per cent of the total developable area; and vi. at least 30 per cent of the total developable area will remain or be returned to natural self- sustaining vegetation, except where specified in accordance with the policies in subsection 4.2.8. Policy 4.2.7(1) directs that cultural heritage resources will be conserved in order to foster a sense of place and benefit communities, particularly in strategic growth areas, while Policy 4.2.7(2) provides that municipalities will work with stakeholders in developing and implementing official plan policies and strategies for the identification, wise use and management of cultural heritage resources. A cornerstone of Section 4 is the policies regarding climate change. Policy 4.2.10(1) requires that municipalities identify in their official plans actions that will reduce greenhouse gas emissions and address climate change adaption goals. These are to include supporting the achievement of complete communities as well as the minimum intensification and densification targets in the Growth Plan (a), and reducing dependence on the automobile and supporting existing and planned transit and active transportation systems (b). In planning to reduce greenhouse gas emissions and address the impacts of climate change Policy 4.2.10(2) encourages municipalities to develop strategies to reduce greenhouse gas emissions and improve resilience through the identification of vulnerabilities to climate change, land use planning, planning for infrastructure, including transit and energy. The timely implementation of the Growth Plan policies is seen as a key consideration in the Implementation Section (Section 5). In this respect, Policy 5.1, Context, provides that: "The timely implementation of this Plan relies on the strong leadership of upper - and single -tier municipalities to provide more specific planning direction for their respective jurisdictions through a municipal comprehensive review. While it may take some time before all official Policy & Regulatory Context 25 Page 92 2020 Lambs Road, Bowmanville plans have been amended to conform with this Plan, the Planning Act requires that all decisions in respect of planning matters will conform with this Plan as of its effective date (subject to any legislative or regulatory provisions providing otherwise) G..I It is therefore in the best interest of all municipalities to complete their work to conform with this Plan, including all official plans and zoning by-laws, as expeditiously as possible within required timeframes. This should include using relevant legislative and regulatory tools and other strategies to plan for a variety of heights, densities and other elements of site design within settlement areas to achieve the desired urban form and the minimum intensification and density targets in this Plan. Where a municipality must decide on a planning matter before its official plan has been amended to conform with this Plan, or before other applicable planning instruments have been updated accordingly, it must still consider the impact of the decision as it relates to the policies of this Plan which require comprehensive municipal implementation." Policy 5.2.1 assists in determining how the Growth Plan should be interpreted by providing that the Growth Plan set out an integrated policy framework (5.2.1(1)) and that a municipal comprehensive review undertaken in accordance with this Plan will be deemed to fulfill the municipal comprehensive review requirements of the PPS (5.2.1(2)). Policy 5.2.5(1) clearly states that the targets set out in the Growth Plan are minimum intensification and density targets and encourages municipalities to go beyond these minimum targets, where appropriate, except where doing so would conflict with any policy of this Plan, the PPS or any other provincial plan. Policy 5.2.5(3) identifies the area which should be delineated in official plans in order to implement the minimum targets, including major transit station areas and strategic growth areas. Within each delineated area the minimum density targets are to be implemented by such measures as outlined in Policy 5.2.5(5) including zoning all lands in a manner that would implement the official plan policies (c). For the reasons set out in Section 5 of this report, it is our opinion that the proposal conforms with the Growth Plan, specifically by implementing its policies promoting growth and intensification on lands that would be considered to be within settlement areas. 4.3 Durham Region Official Plan The Durham Regional Official Plan (DROP) was initially approved in 1993, however, ROPA 128 incorporates the growth targets and policy directions established by the Growth Plan for the Greater Golden Horseshoe. In 2019, the Region launched Envision Durham, their Municipal Comprehensive Review of the Official Plan. At this point in the process, staff have launched their public engagement process and have published a series of theme -based discussion papers, the Growth Management Study, and proposed policy directions for the Regional Official Plan Amendment. The Growth Management Discussion paper dated June 2019 projected that Clarington would be close to meeting their 2021 population projections. Policy 1.2.1 outlines the goals of the plan as follows: a. to manage growth so that it occurs in an orderly fashion; b. to live in harmony with the natural environment and heritage of the Region; c. to develop the Region to its economic potential and increase job opportunities for its residents; d. to establish a wide range of housing opportunities in Urban Areas commensurate with the social and economic needs of present and future residents; e. to create healthy and complete, sustainable communities within livable urban environments for the enjoyment of present and future residents; f. to provide opportunities for a variety of cultural, health and community services; and g. to manage the resources in the Region in an orderly, efficient and responsible manner. The subject site is located within the Urban Area Boundary designated as Living Areas and Major Open Space Areas on Schedule 'A' — Map A5 Regional Structure (see Figure 6). 26 Planning & Urban Design Rationale Bousfields Inc. Page 93 LEGEND URBAN SYSTEM • URBAN AREA BOUNDARY URBAN AREA BOUNDARY DEFERRED 31f URBAN GROWTH CENTRE • REGIONAL CENTRE OVING AREAS REGIONAL CORRIDOR AREAS DEVELOPABLE ON FULL/PARTIAL MUNICIPAL EMPLOYMENT AREAS SERVICES AREAS DEVELOPABLE ON AREAB DEVELOPABLE ON j/// MUNICIPAL WATER SYSTEMS & PRNATEWASTE DISPOSAL PRIVATE WELLS&MUNICIPAL SEWER SYSTEMS SYSTEMS AREAS DEVEL&PRI ON BUILT BOUNDARY III III AT PRNATE WELLSLS& WASTE DISPOSAL SYSTEMS S MUNICIPAL SERVICE RURAL SYSTEM = PRIMEAGRICULTURALAREAS RURAL SETTLEMENTS: HAMLET O COUNTRY RESIDENTIAL SUBDIVISION (SEE TABLE E2 FOR DESCRIPTION) ORURAL EMPLOYMENT AREA (SEE TABLEE3 SHORELINE RESIDENTIAL FOR DESCRIPTION) eREGIONALNODE (SEE SECTION 9C FOR DESCRIPTION) AGGREGATE RESOURCE EXTRACTION O AREA (SEE TABLE E1 FOR DESCRIPTION) Figure 6 - Regional OP - Schedule A I GREENLANDS SYSTEM _MAJOR OPEN OAKRIDGES SPACE AREAS MORAINEAREAS _ WATERFRONT AREAS OAK RIDGES MORAINE BOUNDARY yyyyyyy GREENBELT BOUNDARY - TO URIST ACTIVITY/ yygTERFRONT PLACE RECREATION ALNODE OPENSPACELINKAGE WATERFRONTLINKS TRANSPORTATION SYSTEM SEE SCHEDULE C FOR DESIGNATIONS THE FOLLOWING IS SHOWN SELECTIVELY, OF OTHER DESIGNATIONS ONLY. EXISTING FOR EASE OF INTERPRETATION FUTuaE ARTERIAL ROAD FREEWAY INTERCHANGE M 9 GO RAIL — — — - GO STATION SPECIAL AREAS I 2 -1 SPECIALSTUDVAREA LA SPECIFICPOLICIAREA D2 DEFERREDBY MINISTER APPEALEDTOO.M.B. OF MUNICIPAL AFFAIRS OLAND SAPPEALEDTOOMB, REFER TO POLICY 14.13.7 Policy & Regulatory Context Page 94 2020 Lambs Road, Bowmanville 27 Policy 7.3.3 provides the following population, household and employment forecasts for Clarington by 2031: • Urban Population: 124,685; • Households: 52,120; and • Employment: 38,420 jobs. Policy 8.2.1 provides that Urban Areas shall be planned and developed with regard for the principles of adaptability over time, sustainable development, harmony with nature and diversity and integration of structures and functions. In addition, the planning and development of Urban Areas shall be based on the following principles: h. a more compact urban form which promotes transit -supportive Urban Areas and accommodates the population and employment forecasts in Policy 7.3.3; i. a mixture of uses in appropriate locations, with particular consideration given to Centres and Corridors; j. intensification, with particular regard to Policies 4.3.2, 7.3.9 and 8B.2.4 d); k. good urban design principles; I. increased public transit usage; m. linkages for pedestrians and cyclists which link communities internally and externally and to the public transit system; n. a grid system of arterial roads, and collector roads, where necessary, to provide for a transit -supportive road pattern while recognizing environmental constraints; and o. a Greenlands System that complements and enhances the Urban System. The Living Areas designation supports development that is a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads (Policy 813.1.2). Policy 8B.2.3 provides that in the consideration of development applications in Living Areas, regard shall be had for the following: a. the intent of this Plan to achieve a compact urban form, including intensive residential, office, retail and service and mixed uses along arterial roads and in conjunction with present and potential transit facilities; b. the use of good urban design principles including, but not limited to, the following: i. the concentration of commercial uses into Centres and Corridors, with particular emphasis on common internal traffic circulation and restricted access to arterial roads by means of service or collector roads, wherever possible; ii. theattenuationofnoisethroughmeasures other than fences, such as innovative designs, berms and the orientation of higher density developments; and iii. the orientation and design of buildings to maximize the exposure to direct sunlight; c. the provision of convenient pedestrian access to public transit, educational facilities and parks; d. a grid pattern of roads; e. the provision and distribution of parks, trails, pathways and educational facilities; f. the types and capacities of the existing municipal services, infrastructure and the feasibility of expansion; and g. the balance between energy efficiency and cost. The portion of Lambs Road which runs north - south along the eastern boundary of the site, is identified as a Type B Arterial Road, and the portion of Concession Street East which runs east -west along the southern boundary of the site, is identified as a Type C Arterial Road, both on Schedule C - Map C1 Road Network. Schedule E (Table E7) provides Arterial Road Criteria. An excerpt of relevant provisions from Table E7 is provided below. 28 Planning & Urban Design Rationale Bousfields Inc. Page 95 Land Service/Access Permit private access generally located a minimum of 80 metres apart in Urban Areas Promote higher densities with shared or combined access Connectivity Transit Cycling and Pedestrian Provisions Right -of -Way Width Connects with freeways, arterials and collectors May serve as regional transit spines Cycling provisions to be determined subsequent to the completion of the Regional Cycling Plan Study Sidewalk on both sides for pedestrians 30-36 m**&*** right -of -away 36 m for ultimate 4-lane cross- section 4 lanes within the Urban Area and 2-4 lanes outside the Urban Area ** Reduced right-of-way widths will only be considered in locations identified as exceptions in the Area Municipal Official Plans in accordance with Regional Policy. *** Wider rights -of -way may be required to accommodate intersection improvements and other facilities such as transit, utilities, noise attenuation installation, bikeways and landscaping. For new streets, the immediate provision of wider rights -of -way may be considered to accommodate such facilities. Promote higher densities with shared or combined access, or limit to single detached dwelling unit frontage Connects with arterials, collectors and limited local road access May serve as local transit corridors and connectors to regional transit spines M Cycling provisions to be determined subsequent to the completion of the Regional Cycling Plan Study Sidewalks on both sides for pedestrians, however, may not be required in Employment Areas 26-30 m** right-of-way, dependent on transit facilities, on street parking and established development (i.e. downtown) 2-4 lane cross-section within the Urban Area Policy & Regulatory Context 29 Page 96 2020 Lambs Road, Bowmanville With respect to Corridors, Policy 8A.1.4 provides that Corridors form the key connections between centres and are considered the main arteries of the Region's urban structure. They provide for the movement of people and goods between the Centres to support their vitality. Policy 8A.1.5 further provides that Corridors shall be developed in accordance with the principles contained in Policy 8.2.1 and the following: a. promoting public transit ridership through well designed development, having a mix of uses at higher densities; b. sensitive urban design that orients development to the corridor, complemented by the consolidation of access points; c. maintaining and enhancing historical main streets by integrating new forms of developmentwith existing development; and d. preserving and enhancing cultural heritage resources. Lambs Road is identified as a Local Corridor by the Clarington Official Plan. Policy 8A.2.10 provides that Local Corridors shall be planned and developed in accordance with Policy 8A.1.5 as mixed -use areas, with appropriate densities to support frequent transit service. The Local Corridors shall provide efficient transportation links to the Urban Growth Centres and Regional Centres and/or Local Centres within Urban Areas. Portions of Local Corridors with an underlying Living Area designation, which are identified as appropriate for mixed -use development shall support an overall, long-term density target of at least 30 residential units per gross hectare and a floor space index of 2.0. The built form should be a wide variety of building forms with mid -rise predominating, as detailed in area municipal official plans (Policy 8A.2.10). With respect to Section 2 on Environment, Policy 2.2.10 provides that Urban Areas shall be developed to support a pedestrian -oriented urban environment which promotes social interaction and provides opportunities for free expression and the nourishment of culture and art. Policy 2.2.11 further supports the conservation, protection and/or enhancement of Durham's built and cultural heritage resources. Policy 2.3.5 provides that Regional Council shall: a. promote the enhancement of the visual amenities of the urban environment; b. encourage area municipalities to enact by- laws establishing environmental, aesthetic, urban design and controls on signs and outdoor lighting; c. undertake an inventory of the main access points of the Region to identify attractive vistas and views worth protecting, as well as unattractive views requiring screening, landscaping or upgrading; d. encourage the authorities having jurisdiction to plant native trees as visual barriers along Provincial freeways and highways; e. require the attenuation of excessive noise levels through design solutions when considering residential development applications abutting arterial roads; f. take into account comments from the appropriate authorities in approving developments in proximity to railways, airports, freeways and industries with respect to noise, vibration and possible hazards associated with such facilities; g. encourage the Provincial Government, to undertake an environmental audit of activities in the Region that discharge pollutants; and h. in conjunction with the Provincial Government and the area municipalities, examine the ways and means to maintain wildlife habitats. The lands along the western boundary of the site are identified as Key Natural Heritage and Hydrologic Features on Schedule 'B' — Map '131' Greenbelt and Natural Heritage System & Key Natural Heritage and Hydrologic Features, (see Figure 7). Policy 2.3.14 provides that the general location of key natural heritage and/or hydrologic features are shown on Schedule 'B' — Map '131'. The individual features and their associated vegetation protection zones are to be identified and shown in more detail in area municipal official plans and zoning by-laws. The location and extent of key natural heritage and/or hydrologic features may be further confirmed through appropriate studies such as a watershed plan or an environmental impact study in accordance with Policy 2.3.43. Planning & Urban Design Rationale 30 Bousfields Inc. Page 97 Figure 7 - Regional OP — Schedule B Policy 2.3.15 states that development or site alteration is not permitted in key natural heritage and/or hydrologic features, including any associated vegetation protection zone, with the exception of: a. forest, fish and wildlife management; b. conservation and flood or erosion control projects demonstrated to be necessary in the public interest and after all alternatives have been considered; c. infrastructure, subject to the policies of the Greenbelt Plan and this Plan; d. minor recreational uses such as trails, footbridges and picnic facilities, and existing uses; e. agriculture, in accordance with Policies 2.3.18 and 14.5.4; or f. aggregate extraction, in accordance with Policies 9D.2.9 and 9D.2.10. Policy 2.3.16 states that within Urban Areas and Rural Settlements, the vegetative protection zone shall be determined through an environmental impact study, in accordance with Policy 2.3.43. LEGEND _ HEY NATURAL HERTfAGE AND FYDROLOGlC FEATURES ,f OREENBELT NA.TURALtIERITAGE SYSTEM OAHRIDGES MORAINE CONSERVATION PLAN AREA BOUNDARY URBAN AREA LAN OS APPEALED TO OUR, REFER TO POLICY 14.13.7 LSPEC FIC POLICY AREA The scope of the environmental impact study for any development or site alteration shall be determined in accordance with the Council approved EIS Guideline. With respect to built and cultural heritage resources, Policy 2.3.49 provides that Regional Council shall encourage Councils of the area municipalities to utilize the Ontario Heritage Act to conserve, protect and enhance the built and cultural heritage resources of the municipality, to establish Municipal Heritage Committees to consult regarding matters relating to built and cultural heritage resources planning and, the designation of heritage conservation districts and properties as provided for in the Ontario Heritage Act. With respect to housing, the Plan seeks to provide a wide diversity of residential dwellings by type, size and tenure in Urban Areas to satisfy the social and economic needs of present and future residents of the Region (Policy 4.1.1). Policy 4.2.1 states that policies that will enable a wide variety of housing by type, size and tenure in Urban Areas shall be contained within area municipal official plans. Policy & Regulatory Context 31 Page 98 2020 Lambs Road, Bowmanville Policy 4.2.6 states that the Region shall maintain the ability to accommodate residential growth in Urban Areas Region -wide, for a minimum of 10 years through intensification, redevelopmentand if necessary, on lands designated and availablefor residential development, and a 3-year supply of residential units available through intensification and redevelopmentand land in draft approved and registered plans of subdivision/condominium. Policy 4.3.1 provides that in the consideration of development applications, Regional Council shall, in conjunction with the respective area municipality, ensure that a wide range of housing is provided in Urban Areas. Policy 4.3.2 further provides that Regional Council shall support opportunities to increase the supply of housing in Urban Areas through intensification, taking into account the adequacy of municipal services and the physical potential of the housing stock. Housing intensification shall include, but not be limited to, the following: a. the conversion of single detached dwellings into multiple residential units; b. the conversion of industrial or commercial buildings, or portions thereof, into residential units, in accordance with Policy 8C.2.16 and other objectives of this Plan; c. the creation of new residential units on vacant or underdeveloped lands through infilling in Urban Areas; and d. the creation of residential units above commercial uses, with preference being given to development located adjacent to arterial roads and/or in close proximity to transit routes. For the reasons set out in Section 5 of this report, it is our opinion that the proposal meets the intensification, revitalization, and density objectives of the Durham Regional Official Plan. 4.4 Clarington Official Plan The Clarington Official Plan (Amendment 107) was adopted by Council November 1, 2016. On June 19, 2017, the Commissioner of Planning and Economic Development for the Regional Municipality of Durham, approved Amendment 107. Growth Management With respect to growth management policies, one of the Municipality's objectives is to provide for phased and sequential development within clearly defined urban boundaries to protect the natural heritage system and agricultural lands, and to maintain the long-term fiscal health of the Municipality (Policy 4.2.1). Furthermore, Policy 4.2.3 supports the accommodation of increasing intensification within the Built-up Area while enhancing the built form and physical character of established residential neighbourhoods and protecting the integrity of historic downtowns. Table 4-1 projects an urban population of 124,685 by 2031. Table 4-2 identifies that per Durham Region Long Term Targets, Local Corridors will have a minimum gross density of 30 units per gross hectare and floor space index of 2.0. Furthermore Table 4-3 provides that Local Corridors shall have a minimum net density of 40 units per net hectare, a height range of 2 to 6 storeys and have a built form mix as follows: • Low Rise: 2-4 storeys (80%) • Mid Rise: 5-6 storeys (20%) The above mix includes mixed use buildings, apartments, and townhouses. Within Built-up Areas, Table 4-4 provides that Bowmanville has a minimum residential intensification target of3,120units between 2022- 2031. Policy 4.4.3 states that all new residential units within Built-up Areas will contribute to the Residential Intensification Target. Policy 4.3.5 provides that Priority Intensification Areas have been identified as the primary locations to accommodate growth and the greatest mix of uses, heights and densities. 32 Planning & Urban Design Rationale Bousfields Inc. Page 99 Priority Intensification Areas include Regional and Local Corridors. Lambs Road is identified as a Local Corridor on Map B — Urban Structure, of the Clarington Official Plan (see Figure 8). Corridors are defined in the Official Plan as a Regional or Local Corridor which provide connections between Centres and between residential and employment uses and are not a utility corridor or hydro corridor. Corridors are considered the main arteries of the municipal urban structure and support the movement of people and goods. Corridors are measured 100 metres from the edge of the street right -of way and are intended to function as complete streets, be pedestrian friendly and incorporate sidewalks, street trees, building entrances, and transit and bicycle routes. Policy 10.6.2 provides that corridors shall be comprehensively developed to provide for: Figure 8 - Clarington Official Plan a. Residential and/or mixed use developments with a wide array of uses in order to achieve higher densities, and transit oriented development; b. Other uses that are complementary to the intended function of the Corridor; and c. Site design that is sensitive to the existing neighbourhoods. Policy 10.6.3 states that density and built form within Corridors shall: a. Incorporate and be sensitive to existing local character and scale to create a compatible and attractive built form with a distinctive community image; b. Incorporate measures to protect and enhance the natural heritage system and sensitively integrate them with new development, streetscaping, and architectural detail; and c. Create a public realm that accommodates a range of higher density residential uses, complemented by compatible retail, service and institutional uses. PRIORITY INTENSIFICATION AREAS C&ENTRE M M REGIONAL CORRIDOR LOCAL CORRIDOR WATERFRONT PLACE ©O TRANSPORTATION HUB BUILT UP AREA GREENFIELD i BUILT BOUNDARY r_1 URBAN BOUNDARY Policy & Regulatory Context 33 Page 100 2020 Lambs Road, Bowmanville Policy 10.6.4 further provides that Corridors will a. Encouraging the Region to ensure adequate be designed to accommodate public transit and services, including transit, are made available a range of alternative transportation modes, to accommodate planned development in accommodating the pedestrian as a first priority. Priority Intensification Areas; Policy 10.6.5 states that Corridors are approximately 100 metres deep as measured from the extent of the ultimate road allowance. (Our emphasis) As it relates to the subject site, Policy 10.6.7 states that along Local Corridors, non-residential uses are only permitted within mixed use buildings. The total amount of non-residential space shall not exceed 1,500 square metres per site, and individual non-residential units shall not exceed 300 square metres. Where a Secondary Plan is in place, the more detailed policies of the Secondary Plan take precedence. Policy 4.4.5 states that the Municipality shall encourage development within the Built-up Areas and the Priority Intensification Areas by: Figure 9 - Clarington Official Plan b. Making strategic investments in the public realm, including active transportation networks; c. Considering financial incentives for intensification within Centres and the Corridors; d. Supporting intensification preparation and update Improvement Plans; and e. Phasing of development capital projects within the ahead of Greenfield Areas. Land Use through the of Community and prioritizing Built-up Areas Map A3 — Land Use Bowmanville Urban Area, identifies the subject site as Urban Residential and Environmental Protection Areas. Most of the subject site is also identified as Special Policy Area F (see Figure 9). REGIONAL CORRIDOR URBAN RESIDENTIAL - URBAN CENTRE ONEIGHBOURHOOD CENTRE -PRESTIGE EMPLOYMENTAREA LIGHT INDUSTRIAL AREA GENERAL INDUSTRIAL AREA BUSINESS PARK GATEWAY COMMERCIAL IMAGGREGATE EXTRACTION AREA UTILITY ENVIRONMENTAL PROTECTION AREA - GREEN SPACE WATERFRONT GREENWAY C® COMUNITY PARK • MUNICIPAL WIDE PARK I J WATERFRONT PLACE TOURISM NODE URBAN BOUNDARY •....... SPECIAL POLICY AREA ""......•• SPECIAL STUDY AREA r------ A107-: APPEALED TO THE OMB 34 Planning & Urban Design Rationale Bousfields Inc. Page 101 Policy 9.3.1 provides that the predominant use of lands designated Urban Residential shall be for housing purposes. Other uses may be permitted which by the nature of their activity, scale and design, and location are supportive of, and compatible with, residential uses. These include small scale service and neighbourhood retail commercial uses, home -based occupation uses, parks, schools, and community facilities. Parks, schools, and community facilities shall be permitted in accordance with Section 18 of the Plan. Policy 9.3.2 states that small scale service and retail commercial uses are intended to serve the population within the immediate area. A site - specific zoning bylaw amendment to permit such uses will be required subject to certain criteria. With respect to the land use designation of Environmental Protection Area, the following policies apply. Additional policy direction related to the Natural Environment is also provided in subsequent sections. Policy 14.4.1 provides that Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. Policy 14.4.2 further states that Environmental Protection Areas include the natural heritage features and hydrologically sensitive features that comprise the natural heritage system as well as those lands within the regulatory flood plain of a watercourse. Policy 14.4.5 states that no development shall be permitted on lands designated Environmental Protection Areas, except: • low -intensity recreation; • uses related to forest, fish and wildlife management; • erosion control and stormwater management; and • agriculture, agricultural related and on -farm diversified uses Policy 14.4.7 advises that the extent of the Environmental Protection Areas designated on Map A is approximate only. The precise limits shall be detailed through the appropriate studies as part of the review of development applications and/or in consultation with the Conservation Authority. Furthermore, Policy 14.4.8 provides that the setback for development and site alterationfromlands designated asEnvironmental Protection Area shall be determined based on the sensitivity of the specific natural heritage feature or hydrologically sensitive feature. In the case of new plans of subdivision or consents, lot lines shall not extend beyond the established setback. Livable Neighbourhoods In terms of neighbourhood policies, Section 9.2 provides that the Municipality's objectives are: • to provide for a variety of housing densities, tenures, and types in neighbourhoods for all incomes, ages, and lifestyles; • to create walkable neighbourhoods and to provide for a variety of uses within each neighbourhood; • to promote subdivision and site design that contributes to sustainability and climate change mitigation and adaptation; and • to incorporate the site's natural attributes and to restore ecosystem linkages in all stages of design, construction and use. Policy 9.4.5 provides that multi -unit residential will be developed on the basis of the locational criteria of Table 4-3 (as described above), the urban design policies of Chapter 5 and the following site development criteria: a. The site is suitable in terms of size and shape to accommodate the proposed density and building form; b. The proposed development is compatible with the surrounding neighbourhood in terms of scale, massing, height, siting, setbacks, shadowing, and the location of parking and amenity areas; c. The impact of traffic on local streets is minimized; d. Multiple vehicular accesses from a public street shall generally be provided for each townhouse block and each apartment block; Policy & Regulatory Context 35 Page 102 2020 Lambs Road, Bowmanville e. Each condominium corporation block shall have direct street frontage and direct vehicular access to a public street without reliance on easements through another condominium corporation block; f. In order to achieve a mixture of housing types, adjacent multiunit residential unit types shall not replicate the same built form; g. Multi -unit residential shall not be sited on opposite sides of the street unless adequate on -street parking can be provided to the satisfaction of the Municipality; h. Townhouses sited on blocks shall generally not exceed 50 units and apartment blocks shall not exceed 2 buildings; i. Street townhouses shall generally not comprise more than 6 attached units; and j. Where multiple mid -rise and high-rise residential developments are planned for a given area, a phasing plan shall be required to identify common amenity areas and shared pedestrian and/or vehicle access. Housing The Official Plan provides the following with respect to housing: • The Municipality, in co-operation with other levels of government, shall encourage the provision of a diverse housing stock in terms of type, size, tenure, and cost within the Municipalityto provide living accommodations that address various socio-economic factors and different lifestyle choices (Policy 6.3.1); and • Affordable housing is encouraged within Centres and Corridors to reduce travel needs and facilitate alternative modes of transportation such as public transit, cycling and walking (Policy 6.3.2). Natural Environment As it relates to the natural environment, the general location of the natural heritage system is shown on Map D. The lands along the western boundary of the subject site as well as two east - west segments bisecting the plan area are part of the natural heritage system. Policy 3.4.15 requires that an Environmental Impact Study, a Natural Heritage Evaluation and/ or Hydrological Evaluation shall be undertaken for any development or site alteration proposed within the minimum area of influence of any natural heritage feature and/or hydrological sensitive feature identified in Section 3.4.2, 3.4.3 or 3.4.11 but outside the feature itself and the related minimum vegetation protection zone identified in Table 3-1 of the Official Plan. Table 3-1 provides that the area of influence would be all land within 120 metres of any part of the natural heritage feature within an Urban Settlement Area, and the minimum Vegetation Protection Zone would be 30 metres for wetlands and 15 metres for watercourses, valleylands and significant woodlands. Chapter 14 of the Municipal Official Plan seeks to establish a continuous open space system throughoutthe Municipality from the Lake Ontario Waterfront to the Oak Ridges Moraine throughout Settlement Areas and the Countryside; and to protect, manage and enhance the Municipality's natural heritage system. The objectives of the Open Space System policies provided in Section 14.2 seek: • to protect natural heritage features, hydrologically sensitive features and their ecological functions from the effects of human activity; • to maintain, restore and create continuous green corridors along stream valleys and throughout the Oak Ridges Moraine, Lake Iroquois Beach and the Lake Ontario Waterfront; • to ensure low intensity recreational activities are compatible with the natural environment; • to maximize connectivity of open space to residential areas through efficient and safe street networks that promotes active transportation; and • to develop a Waterfront which is clean, green, connected, open, accessible, useable, diverse, and attractive. Policy 14.3.1 provides that the Open Space System consists of Environmental Protection Areas, Natural Core Areas, Natural Linkage Areas, the Waterfront Greenway and Green Space, as designated on Map A. Planning & Urban Design Rationale 36 Bousfields Inc. Page 103 Policy 14.3.2 provides that development within the designated Open Space System is generally discouraged. Policy 14.3.3 states that nothing in this Plan requires that private land in the Open Space System be made available for public use, nor that the Municipality will purchase these lands. Policy 14.3.4 states that small-scale structures accessory to low -intensity recreational uses, such as trails, boardwalks, foot bridges, fences, docks and picnic facilities, are permitted only if the applicant demonstrates that the adverse effects on the ecological integrity of the natural heritage system will be kept to a minimum by: • keeping disturbed areas to a minimum; and • avoiding the most sensitive portions of the site, such as steep slopes, organic soils and habitat of endangered species and threatened species. Cultural Heritage With respect to Cultural Heritage, Section 8.2 of the Official Plan outlines the following objectives: to encourage the conservation, protection enhancement and adaptive reuse of cultural heritage resources including: o structures, sites and streetscapes of cultural heritage value or interest; o significant archaeological and historic resources; o significant landscapes, vistas and ridge - lines; and o landmarks and focal points. to incorporate cultural heritage resources into community design and development; and to support community efforts and events that celebrate the culture and heritage of the Municipality. Policy 8.3.1 provides that in achieving its cultural heritage objectives, the Municipality shall: • promote public awareness and appreciation of cultural heritage resources; • encourage the private sector to support the conservation of cultural heritage resources; • support and promote the Clarington Museums and Archives; • restore, rehabilitate, enhance and maintain Municipally owned cultural heritage resources; • encourage the reuse of architectural features; • document the features of cultural heritage resources in the event that demolition is inevitable; • consider in co-operation with the development industry, the preservation of heritage buildings by incorporating the buildings into new developments; • enhance the streetscape components in cultural heritage resource areas, such as signage, street furniture, and lighting; and • consider the interests of Indigenous communities in conserving cultural heritage and archaeological resources. Policy 8.3.2 provides that the Municipality has identified the following cultural heritage landscapes of importance which have been or may be considered for heritage conservation districts, this includes Camp 30 - Boys Training School, Bowmanville. Policy 8.3.4 further provides that where a cultural heritage resource is designated underthe Ontario Heritage Act or is recognized on the cultural heritage resources list, the Municipality shall: a. allow alterations, renovations, additions or repairs provided the proposed changes are compatible and consistent with the building and the surrounding area in terms of building materials, colour, height, scale and design including windows, doors and roof lines; b. discourage the demolition or the inappropriate alteration of a cultural heritage resource; L M require redevelopment and infill buildings in existing built up areas to be compatible and consistent with the surrounding buildings and streetscape in terms of building materials, height, width, scale, colour, setback and design including windows, doors and roof lines; require new development in previously non built up areas to conserve and enhance the cultural heritage attributes of the resource by providing an appropriate transition with regard to the scale, massing and character; Policy & Regulatory Context 37 Page 104 2020 Lambs Road, Bowmanville e. prepare urban design guidelines governing the alteration, development or redevelopment of districts or neighbourhoods; and f. consider the conservation of cultural heritage resources in the placement or modification to infrastructure. The Official Plan defines Cultural Heritage Landscapes as a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community including an aboriginal community. The area may involve features such as structures, spaces, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act and villages, parks, gardens, battlefields, main streets and neighbourhoods, cemeteries, trailways, viewsheds, natural areas, and industrial complexes of heritage significance; and areas recognized byfederal or international designation authorities. Special Policy Area F Policy 16.7 provides Special Policy Area provisions with respect to Camp 30. Policy 16.7.2 provides that the Municipality will work with the owners of the site and adjacent lands, the Jury Lands Foundation, other levels of government and interested parties to: a. Develop a community vision and Urban Design Plan, for the long term use of the lands that includes the natural and built heritage resources, integrates future land uses in an appropriate manner and respects the nationally designated cultural landscape; b. Implement this community vision for the long term use of the lands by establishing different mechanisms including designation as a community improvement area and heritage designations under Part IV (individual) or Part V(district) of the Ontario Heritage Act; and c. Prepare architectural control guidelines to ensure that development applications within this Special Policy Area will be designed to implement this community vision and Urban Design Plan for the development of these lands. Policy 16.7.4 states that to facilitate the adaptive reuse of the National Historic Sites and Monuments Board designated area, the Municipality will work with the owners, the Jury Lands Foundation, other levels of government and interested parties to: a. AssisttheJuryLands Foundation indeveloping a strategic plan to implement the community vision; b. Facilitate the transfer of key lands and buildings to the Jury Lands Foundation and/or the Municipality; c. Encourage other levels of government to support the conservation of the heritage resources; and d. Promote public awareness and appreciation of the area's heritage. Policy 16.7.5 states that the residential portions of Special Policy Area F shall be developed as a historically-themed residential neighbourhood focused around a public park and the adaptive reuse of the buildings of primary historical significance in accordance with the community vision of the area. Planning & Urban Design Rationale 38 Bousfields Inc. Page 105 4.5 Draft Amendment No. 121 to the Clarington Official Plan At the October 28, 2019 Council Meeting the Community Vision for Jury Lands Urban Design Master Plan, Design Guidelines and draft Amendment No. 121 to the Clarington Official Plan were presented to Council although no decision was made and the above referenced documents were not adopted. After further consultation, an updated draft Amendment No. 121 was brought to Joint Committee meeting on September 13, 2021, and the report was referred to the October 4, 2021 Planning and Development Committee meeting. Staff's recommendation report brought to the Planning and Development Committee meeting outlined further refinements to draft Amendment No. 121 and articulated outstanding comments and issues identified by the owners and other stakeholders. Particularly noted was the concern with the Low Density Residential designation on Area 4 and the proposed policy to require a mix of freehold units having frontage along a public right of way in this designation. The most recent draft Amendment No. 121 sought to amend Section 16.7 of the Municipality's Official Plan with respect to Special Policy Area F — Camp 30 and implement the Block Master Plan and Urban Design Guidelines. The proposed policy amendment identified a Municipal Wide Park on the former campus lands and proposed to redesignate the developable lands as Urban Residential on Map A3 — Land Use Bowmanville Urban Area of the Official Plan. The draft amendment provided for mid -rise residential uses to be concentrated along Lambs Road and near the Concession Street East intersection. The draft Block Master Plan illustrates the proposed detailed land uses and public roads throughout the lands (see Figure 10: Draft Block Master Plan). Lastly, the draft amendment emphasized the recognition of the cultural heritage designations of the existing six buildings and ring road of the former campus. The draft Design Guidelines are discussed in greater detail in Section 4.8 below. Policy & Regulatory Context 39 Page 106 2020 Lambs Road, Bowmanville LEGEND Block Master Plan Boundary Low Density Residential (Height 14 Storeys) Medium Density Residential - Heritage (Height 24 Storeys) Medium Density Residential - Local Corridor (Height 3-6 Storeys) High Density Residential/Mixed Use Local Corridor (Height 5-6 Storeys) - Municipal Wide Park Environmental Protection Area Stormwater Facility Heritage Building • • •Pedestrian And Bicycle Routes Public Roads Local Trail Access /—\ � Prominent Intersection _ Figure 10 - Draft Block Master Plan 40 Planning & Urban Design Rationale Bousfields Inc. Page 107 4.6 Zoning By-law Zoning By -Law 84-63 zones the subject site as Urban Residential Type One (R1-10) and Environmental Protection (EP) (see Figure 11: Zoning By -Law 84-63 Schedule 3). The Urban Residential zone permits residential uses such as single detached dwelling; semi-detached dwelling; duplex; and home occupation use, save and except the retail sale of antiques, arts, crafts, or hobby items. Permitted non- residential uses includes places of worship. The Environmental Protection zone permits non- residential uses including greenbelt park, golf courses and driving ranges exclusive of buildings, conservation, forestry, bird sanctuaries, wildlife reserves or other similar uses which provide for the preservation of the natural environment; a farm exclusive of any buildings or structures associated therewith, flood and erosion control works and parking areas for which an approval has been issued by the Conservation Authority having jurisdiction. The maximum permitted building height is 10.5 metres. With respect to lot area, the zoning by-law requires a minimum area of 460 square metres for single detached dwellings, and 550 square metres for both semi-detached and duplex dwellings. With respect to lot frontage, the minimum interior lot for single detached dwellings is 15 metres and for semi-detached and duplex dwellings is 18 metres. For exterior lots the minimum lot frontage for single detached dwellings is 16 metres and for semi-detached and duplex dwellings is 20 metres. The minimum dwelling unit area for single detached dwelling is either 85 square metres for a 1 Storey or split level or 100 square metres for 1 1/2 or two storey; and 80 square metres for semi-detached dwelling or 50 square metres for a duplex. With respect to lot coverage the maximum for a single detached dwelling is 40 percent and 45 percent for a semi-detached and duplex dwelling. The minimum landscaped open space is 30 percent. Figure 11 - Zoning By -Law 84-63 Schedule 3 Policy & Regulatory Context 41 Page 108 2020 Lambs Road, Bowmanville The site is subject to Exception 10 in the R1 zone which permits a private school on the lands with a minimum lot area of 25,000 square metres, a maximum height of 10. 5 metres and a minimum lot frontage of 30 metres, amongst other things. The R1 zone does not permit townhouses, however, the Urban Residential Type Three (R3) zone provides the following provisions with respect to street townhouse dwellings and link townhouse. The provisions that apply to street townhouses require a minimum lot area of 170 square metres for interior lots and 280 square metres for exterior lots. A minimum dwelling unit area of 50 square metres is also required with a maximum lot coverage of 50 percent. The maximum building height is 10.5 metres. With respect to link townhouse dwellings, a maximum density of 40 units per hectare is provided. A minimum dwelling unit area of 80 square metres is provided with a maximum lot coverage of 40 percent. The maximum building height is 10.0 metres. With respect to apartment buildings, the R1 zone similarly does not permit apartment buildings. The Urban Residential Type Four (R4) zone permits an apartment building subject to a maximum density of 80 units per hectare is provided. A minimum dwelling unit area of 40 to 80 square metres is required depending on unit type. The a maximum lot coverage is 40 percent and the maximum building height is 12.0 metres. 4.7 General Architectural Design Guidelines (2011 Update) In May 2002 the Municipality adopted the General Architectural Design Guidelines and the requirement for an architectural design review process for all new housing within the Municipality. John G. Williams Limited Architect provided an update to the Guidelines to amongst other things, adjust the architectural design criteria, add more stringent architectural design criterial, modify the architectural design review process to ensure greater municipal input and to consult with the local development industry and municipal staff. The purpose of Architectural Design Guidelines is to encourage the design and construction of houses which harmonize with their surroundings and which demonstrate a high standard of quality. They are intended to establish a community design vision for new residential development throughout the Municipality of Clarington and to provide the guidance necessary to achieve that vision. The Guidelines provide that every plan of subdivision shall be required to have a Control Architect who will be responsible for the preparation of Supplementary Urban Design Documents; model review and approval; and monitoring for compliance. In addition to the design criteria contained in the Guidelines, each new development will be required to provide a site -specific supplementary guideline document in the form of an Urban Design Brief or Community Design Plan be prepared for review and approval by the Director of Planning Services. 42 Planning & Urban Design Rationale Bousfields Inc. Page 109 The relevant objectives of the Guidelines are as follows: • to encourage harmonious and attractive streetscapes through attention to the exterior architectural quality and appearance of new housing; • to encourage safe, pedestrian -friendly streetscapes; • to diminish the visual prominence of the garage within the streetscape • to encourage a variety of attractive, cost effective and innovative building designs; • to establish the appropriate siting of buildings having regard for dwelling type, size, architectural style and location within the community; and • to establish design requirements for buildings in highly visible locations. The Guidelines provide several design criteria with respect to single-, semi- and townhouse dwellings which is relevant to some aspects of the proposal and discussed in greater detail in Section 5.4 below. The Guidelines do not provide direction with respect to apartment built form. 4.8 Jury Lands, Bowmanville/Special Policy Area F Urban Design Master Plan + Design Guidelines The Draft Jury Lands, Bowmanville / Special Policy Area F Urban Design Master Plan + Design Guidelines dated April 12, 2019 were prepared by DTAH and presented to Council October 28, 2019, but subsequently no decision was made on their approval and as such, the Guidelines are not in effect. The draft guidelines provide an overall vision and conceptual design for the lands including residential blocks, open space along Soper Creek and a future Jury Lands Park. It also incorporates an adaptive reuse strategy for the six remaining heritage buildings. The guidelines provide a comprehensive history of the property's historical uses including previous planning applications that have been considered, which lead to the existing buildings being placed on the municipal heritage registry. The draft guidelines are intended to provide a framework for future development and are generally structured into Site Planning Strategies and Architectural Guidelines. The Site Planning Strategies provide guidelines on a range of aspects including but not limited to the Development Framework, Public Open Space, Land Use, and Built Form. The Development Framework section provide a conceptual street and block pattern for the lands defining developable land as well as open spaces. The Land Use section notes that the site will support multiple uses and densities in facilitating the creation of a vibrant complete community, while integrating the existing heritage resources. Whereas, the Built Form section provides direction on appropriate types of built forms within the site's development blocks including Single Family, Townhouse, Back- to-back Townhouse and Stacked Townhouse residential structures, as well the adaptive re- use of the existing heritage buildings. The draft guidelines do not provide direction with respect to Apartment design. The Architectural Guidelines of the document provides direction on finer detailed aspects such as of Neighbourhood Character, Street Character and Interface, Architectural Style, Building Component Design, as well as Materiality and Cladding. Policy & Regulatory Context 43 Page 110 2020 Lambs Road, Bowmanville Planning & Urban Design Analysis SA Intensification Intensification on the subject site is consistent with the policy directions articulated in the PPS, Growth Plan, the Regional Official Plan and the Municipal Official Plan, all of which support and encourage intensification in built up areas well served by planned or existing municipal infrastructure. In our opinion, the proposed development represents an appropriate level of intensification on the subject site. The Growth Plan establishes forecasts and distributes population and employment growth throughout the Greater Golden Horseshoe. According to Schedule 3 of the Growth Plan, the Region of Durham population is forecasted to grow to 1,300,000 by the year 2051. Although the Clarington Official Plan has not yet been updated to integrate the 2051 forecast from the Growth Plan, the in -force Municipality of Clarington Official Plan projects a minimum residential intensification target of 3,120 dwelling units for Bowmanville. This number will only increase once the Region and Municipality have updated their Official Plans to the 2051 horizon. In our opinion, the proposal for approximately 1,202 units will contribute to the overall population forecasts achievement of these minimum intensification targets, as well as the Region and Clarington's intensification targets. Given that the subject site is located within the urban boundary and within the built-up area of the Municipality, an area intended for growth and urbanization, the development of the subject lands presents an opportunity to urbanize the community while protecting the natural and cultural heritage features. With respect to the Regional Official Plan policies, they provide that Local Corridors are to be planned and developed with appropriate densities to support frequent transit services and should be a wide variety of building forms with mid -rise predominating as per Policy 8A.2.10. Further, the Municipality's Official Plan provides that Priority Intensification Areas have been identified as the primary locations to accommodate growth and the greatest mix of uses, heights and densities. Priority Intensification Areas include Regional and Local Corridors. The Municipality's Official Plan identifies the area of Lambs Road as a Local Corridor, and as such, intended for growth. The Local Corridor designation is intended to support and encourage a mixture of densities and reflects policies of the Province, Region and Municipality to direct compact and efficient land uses to corridors that are capable of supporting future growth. Local Corridor policies indicate that the highest densities should be located along the entire Lambs Road frontage. Local Corridors are approximately 100 metres deep as measured from the extent of the ultimate road allowance as per Municipality's Official Plan Policy 10.6.5. Given that the width of the Local Corridor is approximate, and that most of that 100 metres depth along the road is a part of the Natural Heritage System or the cultural features, the proposal seeks to capture some of the density internal to the development area, particularly in Area 4. As such, the proposal provides for intensification beyond the typical 100 metre depth of the Local Corridor. It is important to note that there are no limitations on intensification in areas outside of Corridors. Interpreting the Local Corridor policy as a strict maximum distance would mean that the overall density in the property as a whole is further limited, which in our opinion is not the intention of this policy. This is of particular importance with respect to the developable area in the north end of the plan (Area 4), where the lands would be identified as "internal to a neighbourhood" because they are outside the Local Corridor area. In this northern area, the entire frontage and 100 metres from the right-of-way along Lambs Road is identified as natural areas, with no potential for development in the Local Corridor area. With large areas of the lands that are within the Local Corridor area proposed for natural heritage protection, density that would have resulted from intensification across the entire length of the Local Corridor cannot be achieved. Given this fact, it is our opinion that increased density beyond the approximate Local Corridor depth is logical, specifically in Area 4, provided that an appropriate transition in density and built form can be maintained throughout the designations on the subject site. Designating these lands as Planning & Urban Design Analysis 45 Page 112 2020 Lambs Road, Bowmanville Medium Density Residential, as proposed, would maintain the intent of the Local Corridor policy due to the natural heritage constraints along the Lambs Road frontage which would have otherwise been developed as such. As stated, Provincial policies direct that decisions regarding development need to address the efficient use of resources and land, in part, resulting from intensification and more dense development. The PPS encourages development that gives appropriate consideration to intensification, compact urban form, infrastructure and the environment in order to create communities that are healthy, livable and safe. The proposed development will intensify in a manner that will efficiently use underutilized and vacant lands within the built up area. Further, the proposal supports the Growth Plan's policy framework that promotes development within strategic growth areas in the delineated built boundaries within access to municipal infrastructure. The site would be considered a strategic growth area given it is located along a Corridor and provides opportunities for major redevelopment along arterial roads (Lambs Road and Concession Street East). As such the proposal, in our opinion conforms to the intent of Provincial, Region and Clarington Official Plan policies by directing intensification to be located within the Built -Up Area and more specifically generally along Lambs Road per the Local Corridor policies, balanced with efforts to conserve natural and heritage features. Furthermore, it is our opinion that the level of intensification proposed is appropriate given the existing commercial and residential context to the west and intended intensification to the east in the Soper Hills Secondary Plan area currently under study. In summary, the subject site is located on an underutilized property within the built boundary. Through the proposed development, the subject site will support the Municipality in achieving the population forecasts set out by the Growth Plan. The compact built form proposed will make efficient use of land, existing infrastructure and public service facilities, and supports transit viability through intensification, while being sensitive to the existing natural and cultural heritage features. Based on the foregoing considerations, it is our opinion that intensification of the subject site is an appropriate and desirable use of an underutilized parcel of land within the Built -Up Area, in proximity to services and amenities, and will assist in making more efficient use of existing infrastructure. 5.2 Land Use Assetoutbelow, itisouropinionthattheproposed development for new residential and mixed uses set within the surrounding context of natural and cultural heritage features is appropriate and conforms to and is consistent with the PPS, the Growth Plan, the Region of Durham Official Plan and the intent of the Municipality of Clarington Official Plan. The site is located within the Built -Up Area in the Municipality's and Region's Official Plans and the Growth Plan. The subject site is designated as Living Area and Major Open Space Area in the Region's Official Plan and as Urban Residential and Environment Protection Areas in the Clarington Official Plan. The Municipality of Clarington Official Plan provides that the predominant use of lands designated Urban Residential shall be for housing purposes and to provide for a variety of housing densities, tenure, and types in neighbourhoods for all incomes, ages, and lifestyles. The proposed apartment, townhouse and detached dwelling units are permitted within the Urban Residential designation. The proposed development will provide a broad mix of housing types that support the development of complete communities as prescribed by Provincial policy. Given the subject site's location along a Corridor within an Urban Areas designation, a mixture of uses is supported. The proposed mix of uses and residential units including apartment, townhouse and single detached is appropriate in land use terms. 46 Planning & Urban Design Rationale Bousfields Inc. Page 113 As discussed, the development proposes several Low, Medium and High Density Residential blocks and one mixed -use block throughout the Draft Plan in order to develop the site with a diversified mix of housing. As such, the proposed development, in our opinion: • integrates residential and community uses with the surrounding open space areas; • provides a diverse range and mix of housing options; • adds to the range of housing options in an area that is predominately single detached dwellings, thereby providing more compact housing options and a broader range of choice and eventual price points; • provides the opportunity for mixed uses at the corner of a major intersection; • provides a compact built form with an enhanced public realm; and • promotes safe and convenient forms of active transportation internal to the site, connecting to the Soper Creek trail system. With respect to natural heritage areas, the proposal will designate 25.2 hectares of the subject site, which includes Soper Creek and its tributaries, as Open Space. As outlined in the Environmental Impact Study ("EIS") report prepared by Niblett Environmental Associates Inc., the proposal will protect the long-term ecological function and biodiversity of the natural heritage system. The report provides that there are no negative impacts on key natural heritage features, key hydrologic features or their functions on the site subject to the implementation of the EIS recommendations. In accordance with Regional and Municipal policies, no development of any kind will occur within the greatest natural feature buffer, as such a minimum 30-meter buffer will be implemented from the outer edge of unevaluated wetlands, and a minimum 15-meter setback will apply to valley lands as measured from the stable top -of -bank. In addition to the natural heritage system, the proposed parkland conveyance will provide linkages for pedestrians and cyclists through the site and to the community to the west. The Open Space and parkland areas will assist in creating a continuous open space system throughout the neighbourhood. With respect to cultural heritage land uses, five of the six existing will be conveyed to the Municipality, which are all within the ring road and in the area of the proposed park. As well, the proposal seeks to integrate these cultural heritage resources into community design and development. In our opinion, the proposed land uses are appropriate as the proposal integrates a mix of residential and retail uses, public parkland, heritage and the natural heritage system. 5.3 Built Form, Density, Height and Massing The proposed built form types are appropriate for the site. As a Local Corridor and within the Built - Up Area, the mix of built form types is appropriate. The proposed single detached and townhouse units are compatible with the adjacent existing residential area to the west. The design provides an attractive, comfortable and safe pedestrian environment and benefits from the site's natural and cultural heritage features. Soper Creek further provides physical separation from the existing low-rise neighbourhoods to allow an appropriate built form transition to the 4 and 6-storey apartment buildings along the edges of the subject site. With respect to density, the development of the Jury Lands is influenced by the uniqueness of the site. The lands are generally defined by the integration of natural landscape with varied topography and a series of tributaries, the presence of the campus style layout of the existing buildings and the clearly defined ring road. There are very few urban contexts in the Greater Golden Horseshoe where there is the intersection of a significant amount open space in a natural setting with a cluster of cultural heritage resources and where development is planned for the immediate surroundings. Given the above, the overall density of development on the subject site is relatively low due the large size of the subject site, with vast areas of landscape and open space between development blocks. As such, it is important to optimize density on the subject site within the developable areas. Planning & Urban Design Analysis 47 Page 114 2020 Lambs Road, Bowmanville Durham Region's density target for Local Corridors is a minimum gross density of 30 units per gross hectare and floor space index of 2.0. Furthermore, the Municipal Official Plan Table 4-3 provides that Local Corridors shall have a minimum net density of 40 units per net hectare and a height range of 2-6 storeys. As previously mentioned, a concept plan has been prepared to illustrate what type of built form is proposed and how it would be located within the development. Across the entire development site, less the 25.2 hectares of the natural heritage system, the concept plan contemplates a gross density of 69.6 units per hectare. This calculation is consistent with the Durham Region Official Plan's definition of Gross Density. As discussed above, because of the large areas reserved for natural heritage and the 4.6 hectares to be used for public parkland, development is focused in denser and more compact residential and mixed use blocks. Below is a conceptual breakdown of the net density proposed by land use type within the concept plan: • High Density Residential/Mixed Use Local Corridor lands: 210 units per net hectare • Medium Density Residential — Local Corridor lands: 150 units per net hectare • Medium Density Residential — Heritage lands: 120 units per net hectare • Medium Density Residential lands: 72 units per net hectare • Low Density Residential lands: 36 units per net hectare The proposed development meets the minimum density requirements as set out in the Regional and Municipal Official Plans for sites located along Local Corridors. Neither the Regional nor Municipal Official Plan establishes a maximum density applicable to Local Corridors. While the net densities within the Medium and High Density designations may not be common for development outside of the Bowmanville urban centre, it is important to note that from a perspective of gross density, the proposed development is generally consistent with what is envisioned in the Regional and Municipal Official Plans. The Camp 30lands area unique site because of the extensive cultural heritage protection and Natural Heritage System, as well as the 4.6 hectares planned to be developed as a Municipal Wide Park. While the Natural Heritage System is subtracted from the calculation of gross density, it continues to have implications on the shape of the developable area and therefore the form and orientation of development. The Camp 30 lands also differ from typical development in that the Proposal has been limited to small and irregular developable areas to accommodate the various uses. These land uses, either for protection or community use, skew the net density significantly higher than the gross density, which in this specific case, is more appropriate to place the basis of the evaluation of density. The range of net densities contemplated in the concept plan also provide transition in built form and land use consistent with what is envisioned by the Town. The concept places the higher density forms and uses along the Local Corridor designated lands and scales down in density, generally as the distance to the main roads increase. This land use structure is also consistent with the policies of the Regional Official Plan and the intent of the policy structure proposed in the Town's OPA 121. In our opinion, the heights and massing of the proposed buildings are a contextually appropriate location for a mix of low and mid - rise buildings along a Corridor. The proposed heights of 2 to 6-storeys are consistent with the Clarington Official Plan, including development along Local Corridors. The buildings with the tallest heights (6 storeys) are concentrated along the corridor edge, generally fronting Lambs Road and Concession Street East in Areas 1 and 3. Apartments 4 storeys in height are proposed in Area 2, adjacent to the ring road and the future Municipal Wide Park, to integrate appropriately near the existing heritage buildings. In Areas 1, 3 and 4, a variety of stacked townhouses (4 storeys) and/or back-to-back townhouses (3 storeys) are located internal to the development blocks, with 2-storey townhouses and/or single detached lots generally along the peripheries of the blocks in Area 1 and Area 4. As stated, the tallest heights have been located closest to the arterial roads, with heights generally decreasing from west to east towards the natural heritage system, proposed park, and 48 Planning & Urban Design Rationale Bousfields Inc. Page 115 cultural heritage resources. The development structure places the tallest heights furthest away from the existing residential areas to the west and provides transition towards the protected areas within the site. This structure, along with the width of the natural area associated with the Soper Creek tributary, provide a generous buffer from the existing residential lands to the west. The proposed site layout has been configured to provide adequate spacing between buildings and maintain view corridors. As a result, the coverage of development is generally low and the increase in height balances the density with the openness of the area. As discussed in more detail in the accompanying Architectural and Urban Design Guidelines, the buildings will be designed to fit harmoniously with the existing heritage buildings and surrounding context. Further, the proposal provides design elements that tie in the historic character of the subject site. Based on the foregoing considerations, it is our opinion that the built form, density, massing and heights proposed for the subject site are appropriate and desirable as they address the site's context and support the Region and Municipality's growth directions. SA Urban Design From an urban design perspective, the proposed development would be appropriate and desirable and would fit harmoniously with its existing and planned built form context in Clarington and the surrounding community of Bowmanville. In our opinion the proposal addresses the Municipality's Official Plan built form criteria for multi -unit dwellings as described in Policy 9.4.5, as follows: • The subject site is suitable in terms of size and shape to accommodate the proposed density and building form; • The proposed development is compatible with the surrounding neighbourhood in terms of scale, massing, height, siting given proposed single detached and townhouse dwellings which are comparable in height to surrounding development as well as and the physical separation by the Soper Creek of the higher density apartment buildings from the existing development to the west; • Amenity areas are interwoven into the plan and provide complimentary outdoor spaces in conjunction to the designated Open Space areas; • As new public and private streets are proposed, the impact of traffic on local streets is minimized; • Multiple vehicular accesses from a public street are generally provided for each townhouse block and each apartment block; and • A mix of built form types with varied designs are proposed. Further, John G. Williams Limited has prepared Architectural and Urban Design Guideline report in support of the proposed redevelopment of the subject site. The Guidelines seek to build upon the development vision and design principles provided in the draft Master Plan and Design Guidelines prepared by DTAH. The purpose of the Guidelines is to provide detailed design criteria for the appearance of new built form, streetscapes and public spaces within the subject site. The Guidelines are intended to provide for sufficient flexibility to foster design creativity and innovation. The Guidelines are currently being updated and will be included in the full application resubmission. 5.5 Heritage Letourneau Heritage Consulting Inc. prepared a Heritage Impact Assessment ("HIA") in support of the proposed application. Their report provides that the subject site is designated under Section 29, Part IV of the Ontario Heritage Act by the Municipality of Clarington (By -Law 2018-001); designated a National Historic Site under the Historic Site and Monuments Act by the Historic Sites and Monuments Board of Canada; and recognized by Canada's Historic Places. It is also identified as a Cultural Heritage Landscape by the Town of Clarington. The HIA provided a review of the proposed development, assessed the potential adverse impacts to the heritage attributes of the property, mitigation strategies and recommendations for cultural heritage conservation. Planning & Urban Design Analysis 49 Page 116 2020 Lambs Road, Bowmanville The HIA provided that the site historically had a greater density of structures, and through the approval process there is an opportunity to plan for redevelopment that will be sympathetic and secondary to the existing cultural heritage resources. The report further provides that the appropriate redevelopment of the property must consider and respond to all facets of the subject site's history and rely on additional, widespread consultation. The HIA is currently being updated and a revised version will be included with a full resubmission of the applications. S.6 Archeological Assessment This Land Archaeological Inc. has prepared a Stage 1 Archaeological Assessment for the subject site. The report concluded that the subject site retains potential for the recovery of archaeological resources with cultural heritage value and interest and as such, advised that a Stage 2 assessment is required. S.7 Natural Heritage Niblett Environmental Associates Inc. prepared an Environmental Impact Study ("EIS") in support of proposed development of the lands that was included in the May 2020 application submission. A revised EIS will be included in the full application resubmission. S.8 Servicing and Stormwater Management Cole Engineering Group Ltd. prepared a Functional Servicing and Stormwater Management Report for the May 2020 submission which provided a number of recommendations. Cole Engineering is updating the Functional Servicing and Stormwater Management Report to be included in the application resubmission. S.9 Transportation Cole Engineering Group Ltd. also prepared a Transportation Impact Study with respect to the proposed development which was included in the original submission in May 2020. The Transportation Impact Study is being revised and will be included in the application resubmission. Planning & Urban Design Rationale 50 Bousfields Inc. Page 117 Conclusion In our opinion, the proposed development of the subject site for the proposed land uses and development blocks is consistent with the Provincial Policy Statement (2020) and conforms to the policies of the Growth Plan for the Greater Golden Horseshoe (2019), the Regional Official Plan and the Municipality of Clarington Official Plan. From a land use perspective, the proposed redevelopment will support the achievement of numerous policy directions promoting intensification and redevelopment of underutilized sites within built-up urban areas. The mix of low, medium and high density residential and mixed use blocks will allow for a compact urban form that is contextually appropriate given the emphasis in the Growth Plan on optimizing the use of land in urban areas, and the need to provide a greater mix and range of housing in these areas. The housing mix contemplated includes a variety of traditional single detached and street townhouses as well as more compact townhouse forms and apartments, therefore providing a broader choice of housing options and eventual price points. The proposed development will introduce new public roads and several development blocks, which will integrate the subject site into the surrounding area. Future applications for site plan will further detail the locations of buildings and private roads. A trail network will enhance active transportation and recreational uses in the surrounding area. The proposed heights and densities on the subject site are in conformity with Provincial, Regional and the Municipality's policy directions, in particular with respect to intensification in built-up areas and along local corridors. From an urban design perspective, the proposal conforms to the built form and urban design policies of the Municipality's Official Plan and will be compatible with the existing development. The proposal provides for a broader range of housing types available within this area while providing appropriate transitions from the existing low- rise neighbourhoods and contextually sensitive to surrounding natural and cultural heritage features. In summary, it is our opinion that the proposal is an appropriate and desirable development of the site and represents good planning and urban design. rJZ Planning & Urban Design Rationale Bousfields Inc. Page 119 Page120 BOUSFIELDS INC. PLANNING I DESIGN I ENGAGEMENT Page 121 BOUSFIELDS INC. 2020 Lambs Road, B Lambs Road Developments Ltd. / Lambs Road School Property Ltd. r ` 5 f l I .7� 4Ck'i14'Ra4L+-�+� iiiYYYI W N. -CIA T� -m - �: .% •I �� •_0,e. C SION ST AST �NCES REEVE S ` U4 Yhly.11 •.4..,.ti,-1 .,...-.." y I - -. •$I�eeh.:. ,'a e SUBJECT SITE Subject Site Areas 1-4 Regional � s Official � . Plan 3 10. 16 T y LOT 23 i 1,17—II III k• L lIV IV ❑ 14 5 OT7 LO 5 4 # CONI — �?AN&NORTHERN 1 Q m V. Q ■ C; CONG�SSIOf Y 51 {41hlG ST 1 • ■ ■ I (p ]7 Q MUNICIPALWATESYSTEMS Page125 ACTIVITY/ LEGEND URBAN SYSTEM • � • URBAN AREA BOUNDARY r � r • URBAN AREA BOUNDARY DEFERRED :yy 9IE URBAN GROWTH CENTRE REGIONAL CENTRE LIVING AREAS � REGIONAL CORRIDOR AREAS DEVELOPA BLE ON EMPLOYMENT AREAS FULLIPARTIAL MUNICIPAL SERVICES AREAS DEVELOPABLE ON AREAS DEVELOPABLE ON ON/ &PRIVATE WASTE DISPOSAL PRIVATE WELLS &MUNICIPAL SYSTEMS SEWER SYSTEMS BUILT BOUNDARY III III AREAS DE VELOPABLE ON PRIVATE WELLS& PRIVATE -- WASTE DI SPOSAL SYSTEMS ^ 5 MUNICIPAL SERVICE RURAL SYSTEM PRIME AGRICULTURAL AREAS -_ RURAL SETTLEMENTS: HAMLET 12 COUNTRY RESIDENTIAL SUBDI VI SION (SEE TABLE Ez FOR oescRlF<rION) • ORURAL EMPLOYMENT AREA (SEE TABLE E3 SHORELINE RESIDENTIAL FOR DESCRIPTION) eREGIONAL NODE (SEE SECTION 9C FOR DESCRI PiION) • 12 AGGREGATE RESOURCE EXTRACTION _ AREA (SEE TABLE E1 FOR DESCRIPTION) GREENLANDS SYSTEM MAJOR OPEN OAK RIDGES SPACE AREAS MORAINE AREAS _ WATERFRONT AREAS OAK RIDGES MORAINE GREENBELT BOUNDARY BOUNDARY TOURIST - RECREATION AL NODE A WATERFRONT PLACE OPEN SPACE LINKAGE ■ � ■ WATERFRONT LINKS TRANSPORTATION SYSTEM ■ SEE scHEouLE c FOR DESIGNATIONS THE FOLLOWING IS SHOWN SELECTIVELY, FOR EASE OF INTERPRETATION OF OTHER DESIGNATIONS ONLY. * L EXISTING FUTURE ARTERIAL Rono ■ � FREEWAY IN 9 � k GO RAIL _ _ s GO STATION • SPECIAL AREAS � 2 I SPECIAL STUDY AREA LQ � SPECIFIC POLICY AREA D2 DEFERRED BY MINISTER � OF MUNICIPAL AFFAIRS APPEALED TO O.M.B. LANDS APPEALED TO OMB, REFER TO POLICY 14 13.7 Clarington Official Plan REGIONAL CORRIDOR URBAN RESIDENTIAL - URBAN CENTRE ONEIGHBOURHOOD CENTRE -PRESTIGE EMPLOYMENT AREA LIGHT INDUSTRIAL AREA GENERAL INDUSTRIAL AREA BUSINESS PARK GATEWAY COMMERCIAL b°aa o a 8 AGGREGATE EXTRACTION AREA UTILITY ENVIRONMENTAL PROTECTION AREA - GREEN SPACE WATERFRONT GREENWAY COMUNITY PARK • MUNICIPAL WIDE PARK I J WATERFRONT PLACE TOURISM NODE GO - TRANSPORTATION HUB SECONDARYSCHOOL URBAN BOUNDARY ■������■ SPECIAL POLICY AREA •"""""• SPECIAL STUDYAREA rA107 APPEALED TO THE OMB L_____: Municipality's Draft Official Plan Amendment No. 121 CgNgOjqR pAC�F�C wAY N � OA E,. MPnH A� v CONCESSI E T LEGEND Block Master Plan Boundary Low Density Residential (Height 1-4 Storeys) Medium Density Residential - Heritage (Height 2-4 Storeys) ®Medium Density Residential - Local Corridor (Height 3-6 Storeys) High Density Residential/Mixed Use Local Corridor (Height 5-6 Storeys) Municipal Wide Park Environmental Protection Area Stormwater Facility Heritage Building • • • •*Pedestrian And Bicycle Routes Public Roads *E Local Trail Access if Prominent Intersection Landowner's Proposed Concept Plan • 4.6 hectares to be designated as Municipal Wide Park. • 25.2 hectares to be preserved as part of the Natural Heritage System. • Range of built forms including single detached, traditional towns, back-to-back and stacked towns, and apartments. • Opportunity for commercial use at the Lambs Road -Concession Street corner. Concept Plan Stats 511(45%) 231 (19%) 272 (23%) 188 (16%) 1,202 5.0 (45%) 1.7 (15%) 1.7 (15%) 2.6 (24%) 11.0 102 136 160 72 109 Page128 f OPEN SPACE AREA 4 - AREA a OPEN SPACE .W. AREA 2 AREA 1 fmaw�g p rrrl�r � CONCESSION STREET • X a v Open space Park SWM Roads Single detached lots Street townhouses . Back to back townhouses `j Stacked townhouses Apartments Amenity area . Existing Buildings Density • The Concept Plan proposes a gross density of 69.6 units per hectare. • Higher densities are placed along the Corridor designated lands and scales down generally towards the west. • A generous buffer is provided by the Soper Creek to the existing residential lands further west. • Landowner Proposed Plan is consistent OPA 121 with respect to Areas 1, 2 and 3. Low Density 36 units per hectare Residential Medium Density Residential —Heritage Medium Density Residential —Local Corridor High Density Residential/Mixed Use Local Corridor 97 units per hectare 150 units per hectare 210 units per hectare Page129 N. Proposed Modification tc OPA 121 (Area • Over 40% of the Local Corridor length is not developable (Environmental Protection Area and Municipal Wide Park). • Corridor Intensification cannot be achieved along its full length. • Proposal seeks to capture some of that density internal to the development site, maintaining the intensification that otherwise would have be developed as such. LEGEND Block Master Plan Boundary Low Density Residential (Height 1-4 Storeys) Medium Density Residential - Heritage (Height 2-4 Storeys) ®Medium Density Residential - Local Corridor (Height 3-6 Storeys) High Density Residential/Mixed Use Local Corridor (Height 5-6 Storeys) Municipal Wide Park Environmental Protection Area Stormwater Facility Heritage Building ******Pedestrian And Bicycle Routes Public Roads Local Trail Access Prominent Intersection 9 Area 4 Comparison Dralft:110PA 121 Designation: Low Lo w Density Residential Landowner proposed Designation: Medium Density Residential - Heritage Page 131 Summary & Conclusions • Municipality's OPA and Proposed Concept Plan are generally consistent and the Landowners are supportive of OPA 121, with the exception of the Land Use Designation on Area 4. • The Camp 30 lands are within the Built Boundary and along a Local Corridor, where intensification is directed to occur, based on Provincial and Municipal planning policies. • Large areas of the lands that are within the Local Corridor area are proposed for natural heritage protection, and density that would have resulted from intensification across the entire length of the Local Corridor cannot be achieved. • Overall, the landowner's proposal (demonstrated through the Concept Plan) proposes a gross density of 69.6 units per hectare, consisting of single detached homes, a variety of townhomes, and apartments. • The Concept Plan illustrates an appropriate transition in density and built form, generally decreasing in density and height based on land use type, as per the intended policy structure of OPA 121. Page132 11 0A Summary & Conclusions - Modified Area 4 • The Owner's request to designate Area 4 as Medium Density Residential — Heritage is good planning and would conform to the Growth Plan, is consistent with the PPS and the Region's Official Plan and would maintain the intent of Clarington's Official Plan. • In particular, it maintains the intent of the Local Corridor policy, in an area where the natural heritage constraints prohibit development in the Local Corridor area. • In Area 4, the Concept Plan proposes a gross density of 54.2 units per hectare, consisting of street and stacked townhouses, which is lower than the average gross density across the site. • The proposal for Medium Density Residential— Heritage in Area 4 would not result in more units and people in the area than if the Local Corridor area was developable. • The impacts of medium density development on the surroundings are mitigated by the separation because of the Soper Creek and natural areas provide a generous buffer to the existing residential lands to the west and to the Municipal Wide Park with the heritage buildings to the south. Page133 12 0A BOUSFIELDS INC. Clarftwn 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: December 6, 2021 Report Number: PDS-064-21 Submitted By: Ryan Windle, Director of Planning and Development Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: ZBA2021-0002 By-law Number: Report Subject: An application by LARKIN + Land Use Planners to permit two 11 storey mixed -use buildings at the south-west corner of Green Road and Highway 2 in Bowmanville, a Recommendation Report for ZBA2021-0002. Recommendations: 1. That Report PDS-064-21 and any related correspondence be received; 2. That the application to amend the Zoning By-law by LARKIN+ Land Use Planners Inc. be approved and that the Zoning By-law contained in Attachment 1 be passed; 3. That once all requirements as identified in the Staff report PDS-064-21 are satisfied, the By-law authorizing the Removal of the (H) Holding Symbol be approved; 4. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-064-21 and Council's decision; and 5. That all interested parties listed in Report PDS-064-21 and any delegations be advised of Council's decision. Page135 Municipality of Clarington Report PDS-064-21 Report Overview Page 2 This report recommends the approval of an application to amend the Zoning By-law to permit a mixed -use development to be constructed in two phases. The proposal includes two 11-storey buildings with a total of 228 residential units comprised of condominium apartments and townhouses along with approximately 371 square metres of commercial space on the ground floor. The site is approximately 0.96 hectares, resulting in a housing density of 238 units per hectare. The site plan details and tenure will be addressed through the ongoing Site Plan application and a future Plan of Condominium application. The proposed development conforms with the Clarington Official Plan. This Zoning By-law amendment is subject to a Holding provision to meet the conditions of site plan details that would be addressed through the ongoing Site Plan application and a future plan of condominium. 1. Purpose of the Report 1.1 The purpose of this Staff Report is to recommend to Council the adoption of Zoning By- law Amendment (ZBA2021-0002) to Clarington Zoning By-law 84-63. The recommendation comes following a thorough public planning and consultation process. 1.2 2. 2.1 2.2 2.3 This report includes a summary of the process and comments received since the Statutory Public Meeting held on June 7, 2021. Application Details Owner: 1898578 Ontario Limited Applicant: LARKIN+ Land Use Planners Inc. Proposal: Zoning By-law 84-63 Amendment To rezone the lands from "Agricultural (A) Zone" and "Holding — Urban Residential Type 4 Exception ((H) R4-29) Zone" to a "Holding - Urban Centre Mixed Use Exception ((H) MU3-3) Zone" to permit the mixed -use development that includes two 11-storey buildings with a total of 228 residential units comprised of condominium apartments and townhouses with approximately 371 square metres of commercial space on the ground floor. The development is proposed to be constructed in two phases. Both phases of the development are proposed to be connected through an underground parking level. Page136 Municipality of Clarington Report PDS-064-21 Page 3 Phase one is proposed to front Highway 2 and would be comprised of 137 residential units and 192.9 square metres of commercial space on the ground floor. Phase two is proposed to front along Green Road and would be comprised of 91 residential units and 178.6 square metres of commercial space on the ground floor. 2.4 Area: 0.96 hectares 2.5 Location: 2345 and 2349 Regional Highway 2, Bowmanville 2.6 Within Built Boundary: Yes Page137 Municipality of Clarington Page 4 Report PDS-064-21 Figure 1: Site Location Map 3. Background 3.1 In September 2020, the applicant began initial conversations related to the proposal with Clarington Staff. 3.2 On January 28, 2021, LARKIN+ Land Use Planners Inc. submitted an application to amend the Zoning By-law and a corresponding Site Plan Application, to permit a multi - residential, mixed -use development to be constructed in two phases (See Figure 2). Phase one was proposed to front Highway 2 and be comprised of 137 residential units and 192.9 square metres of commercial space on the ground floor. Phase two was proposed to front along Green Road and be comprised of 91 residential units and 178.6 square metres of commercial space on the ground floor. Both phases of the development are proposed to be connected through an underground parking level. 3.3 Below is an up-to-date timeline related to the processing of the development applications for two mixed -use buildings: • Pre -consultation application received: July 21, 2020 • Pre -consultation meeting held September 3, 2020 • Final pre -consultation minutes sent to applicant: September 11, 2020 • Rezoning and Site Plan applications received: January 28, 2021 • Rezoning and Site Plan Applications deemed complete: February 10, 2021 • Applications circulated for comments: February 11, 2021 • Applicant held Open Houses: April 20 and 22, 2021 • Statutory Public Meeting held on June 7, 2021 • Status Letter sent to applicant: June 18, 2021 • Internal meeting with Applicant to discuss comment letter: June 30, 2021 • Second Submission received: September 21, 2021 • Second Submission circulated for comments: September 27, 2021 3.4 The applicant submitted a number of technical studies in support of the applications. Following the Statutory Public Meeting and comments from internal staff departments and external agencies, the applicant has provided revisions. A list of these technical studies and changes made will be reviewed in Section 9. Page138 Municipality of Clarington Report PDS-064-21 Page 5 Ar'+ CP HIGHWAY 77, . P•--� - prgKr urtLea. _� 1 1 t ll PHASE t [ 1 � TRASH fRRCN RRII iE •,� 'yin l _— � .r.Y: .. •_ ••� Figure 2: Proposed Site Layout 3.5 A statutory Public Meeting was held on June 7, 2021. Comments received from the public meeting are discussed in Section 8 of this report. 3.6 After the public meeting the applicant submitted a revised proposal that maintains the same number of units but addressed a number of concerns identified by internal departments, external agencies and members of the public. 3.7 The applicant has submitted the following studies in support of the applications which are reviewed in Section 9 of this report: • Planning Rationale Report • Urban Design Brief • Geotechnical Investigation • Phase 1 Environmental Site Assessment (ESA) • Phase 2 Environmental Site Assessment (ESA) • Transportation Impact and On -Site Circulation Study • Environmental Noise Assessment • Functional Servicing and Stormwater Management Report • Fill Management Plan • Landscape Analysis Plan • Arborist Report Page139 Municipality of Clarington Page 6 Report PDS-064-21 4. Land Characteristics and Surrounding Uses 4.1 The site is comprised of two separate properties (2345 and 2349 Highway 2) located at the southwest corner of Green Road and Regional Highway 2 in Bowmanville that are proposed to be consolidated upon approval. In total, there is approximately 91 metres of frontage along Regional Highway 2 and 79 metres of frontage along Green Road. 4.2 The surrounding uses are as follows: North: Regional Highway 2 and existing commercial plaza East: Green Road and Loblaws supermarket South: Existing single detached residential dwellings West: Existing single detached dwelling Residential lot 4.3 A corresponding Site Plan Application has been deemed complete and was circulated with the Rezoning application. The Site Plan review process is ongoing and is assisting Staff to determine whether the site is appropriate for the proposed use (See Figure 2). 5. Provincial and Regional Policy Conformity Provincial Policy Statement 5.1 The Provincial Policy Statement (PPS) policies direct growth to settlement areas and promote compact development forms. Planning authorities are to facilitate development of a variety of housing forms and promote residential intensification to achieve efficient development patterns, especially along public transit and active transportation routes. Recent changes to the PPS policies state that planning authorities shall also consider market demands and long-term economic prosperity when evaluating proposals. 5.2 The site is located within the Bowmanville urban area and located along a transportation corridor. The new development has compact form and promotes residential intensification. 5.3 The proposed mixed -use development conforms with the Provincial Policy Statement. Growth Plan for the Greater Golden Horseshoe (Growth Plan) 5.4 The 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. Page140 Municipality of Clarington Report PDS-064-21 Page 7 5.5 New transit -supportive and pedestrian -friendly developments will be concentrated along existing and future transit routes. The objective is to make efficient use of existing public infrastructure and encouraging compact development within the already built-up areas of the Municipality. 5.6 The Growth Plan also provides policies on Major Transit Station Areas (MTSAs). MTSAs are lands within an approximate 500-800 metre radius of a transit station. They are intended to be developed as high density, mixed -use, transit -supportive neighborhoods. A minimum of 150 residents and jobs combined per hectare is required within an MTSA. Areas that surround the proposed GO Station site need to be designed to incorporate multi -modal access and connection to transit (including active transportation infrastructure). Land uses within MTSAs should be planned for a mix of uses (residential, commercial, office). Lands within the MTSA areas are also appropriate for alternative development standards (e.g. reduced parking requirements). 5.7 The site is within a soon to be defined MTSA in Bowmanville, as delineated in PDS-008-21 as it is within 545 metres of a proposed GO Station site. 5.8 The proposed mixed -use development conforms with the Growth Plan. 6. Official Plans Durham Region Official Plan 6.1 The Durham Region Official Plan designates the subject lands as a Regional Centre. Regional Highway 2 is a Type B Arterial Road and functions as a transit spine. Regional Centres are targeted for a concentration of uses, including institutional, commercial, residential, cultural, entertainment, major office and major retail uses. 6.2 Regional Centres support an overall, long-term density target of at least 75 residential units per gross hectare and a floor -space index of 2.5 times (not applied on a site basis but rather across the entire area). This means the built form will need to be an appropriate mix of mid -rise and high-rise development (as determined by the area municipalities). 6.3 Urban areas across the Region shall be planned to accommodate a minimum 40 percent of all residential development occurring annually through intensification within built-up areas. The Durham Regional Official Plan requires a minimum intensification target of 32 percent for lands within the built boundary in Clarington. 6.4 Transit spines facilitate inter -regional and inter -municipal transit services along arterial roads (GO Transit) and intersect with local transit services (Durham Regional Transit). Development along transit spines shall provide for complimentary higher densities and mixed uses in accordance with the Regional Centre policies. Page 141 Municipality of Clarington Page 8 Report PDS-064-21 6.5 The proposed mixed -use development conforms with the Durham Region Official Plan. Clarington Official Plan 6.6 The subject lands are within an "Urban Centre" within which mixed -use and apartment buildings are to be the predominant housing form with a permitted height from 4 to 12 storeys, and a minimum net density of 120 units per hectare. 6.7 Urban Centres shall be developed as the main concentrations of activity in each community. In particular, the Bowmanville Urban Centres will be planned as a centre of regional significance providing the highest level of retail and service uses and shall be the primary focal point of cultural, community, recreational and institutional uses in Clarington. 6.8 Core objectives of the Official Plan are to encourage transit -supportive, mixed use and compact urban form in Priority Intensification Areas, which includes Urban Centres. 6.9 The proposed mixed -use development conforms with the Clarington Official Plan. Bowmanville West Urban Centre Secondary Plan 6.10 The subject site is located within the ongoing Bowmanville West Urban Centre Secondary Plan. This Secondary Plan is currently being updated to conform with the updated Clarington Official plan as well as to incorporate the Major Transit Station Area (MTSA) of the Bowmanville GO Station. 6.11 The review and update of the Bowmanville West Urban Centre Secondary Plan is currently in progress. The applicant has submitted a concept plan demonstrating that this proposal could be integrated into future development within the Bowmanville MTSA. There are no concerns that the current proposal will negatively impact the ongoing secondary plan process. 6.12 The proposed development conforms to the vision of the ongoing Bowmanville West Urban Centre Secondary Plan. 7. Zoning By-law 7.1 The western property, municipally known as 2345 Regional Highway 2 is zoned "Agricultural (A)" in Zoning By-law 84-63. The zoning permits one single detached dwelling. 7.2 The eastern property, municipally known as 2349 Regional Highway 2 is zoned "Holding — Urban Residential Exception ((H) R4-29)". This zoning permits apartment housing subject to the removal of the holding symbol. The current zoning regulations permit Page142 Municipality of Clarington Report PDS-064-21 Page 9 approximately 197 units within one or more buildings with a maximum height of 24 metres (equivalent to six stories). The current zoning was approved in April, 2007, in report PSD-035-07 and by By-law 2007-069. 7.3 The current zoning on these properties does not permit the proposed development, resulting in the need for the rezoning application. 7.4 The proposed Zoning By-law Amendment (Attachment 1) would allow for the development of the proposed multi -residential, mixed -use development which includes two 11-storey buildings with a total of 228 residential units comprised of condominium apartments and townhouses along with approximately 371 square metres of commercial space on the ground floor. A site -specific "Urban Centre Mixed Use Exception (MU3-3) Zone" is recommended for the entirety of the property. 7.5 This Zoning By-law amendment is subject to a Holding provision to meet the conditions of Site Plan details that will be addressed through the ongoing Site Plan application and a future Plan of Condominium. 8. Public Participation and Submissions Public Participation 8.1 The preparation of this Zoning By-law amendment has been supported by a thorough public engagement strategy, including a range of public consultation initiatives. These efforts have been in addition to all statutory meeting requirements. All landowners in the area received notice of the public information centres held and the statutory Public Meeting. Also, the landowners have been informed that this recommendation report is being presented to Council. 8.2 All public notices, communications and review periods have been designed to ensure conformity with the requirements of the Planning Act. 8.3 As detailed below, at the time of writing this report, Staff had been contacted by 12 residents regarding this proposal. Comments are detailed in Attachment 2. 8.4 In summary the following were the opportunities provided for public consultation: Applicant initiated Virtual Open Houses 8.5 Prior to notice being posted on the site, Staff received seven pieces of correspondence and several phone calls from neighbouring residents with concerns about the proposal. The concerns were all centered around the appropriateness of the scale of the proposal, relative to the existing, low -density homes to the south. There were concerns about the Page143 Municipality of Clarington Report PDS-064-21 Page 10 lack of transition proposed to the existing residential neighbourhood to the south and the loss of privacy. 8.6 In response to these concerns, Staff encouraged the Applicant to host a virtual Open House to provide more details of the proposed development and hear the neighbouring residents concerns. The Applicant held two virtual Open Houses on April 20 and April 22, 2021. Comments heard at these meetings generally related to concerns of the proposed height and shadow impact, loss of privacy, whether there has been any effort to create a mature landscape buffer to the adjacent properties and anticipated timing of construction. Planning and Development Committee Public Meeting — June 7, 2021 8.7 All landowners within 120 metres of the subject lands were invited to the Public Meeting before Council on June 7, 2021. The Public Meeting and associated Staff Report (PDS- 032-21) outlined the proposed planning process, application details, detailed the technical reports submitted in support of the application and provided an opportunity to hear all comments from the public related to the proposed development. 8.8 There was one delegation in opposition at the Statutory Public Meeting. Public Submissions in Support 8.9 Generally, the support from the public is as follows: Proposed building and site design Higher -density development neat future GO Station Need for active transportation linkages Public Submissions in Objection 8.10 Generally, the concerns from the public areas follows: • Loss of privacy to neighbouring properties • Height and Appropriate Transition • Tree and Landscaping Concerns • Light Pollution on neighbouring properties • Decreased Land Values • Construction disturbance for neighbouring residents Page144 Municipality of Clarington Report PDS-064-21 Page 11 8.11 The concerns listed above are generally related to the Site Plan approval process. Staff are working with the applicant directly through the ongoing Site Plan approval process to ensure the above -mentioned concerns are satisfied prior to receiving final approval. 9. Studies The following studies were submitted in support of the applications: Planning Justification Report, Larkin + Land Use Planner Inc. 9.1 This report provides the planning context of the subject lands and surrounding neighbourhood. The report identifies that the proposed development meets the requirements of the Planning Act, Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Durham Regional Official Plan and the Clarington Official Plan. The report also identifies how the development promotes the vision of the Bowmanville West Urban Centre Secondary Plan. 6il—INIZ1101 I■® ■11■1111■11■� I�1 1 I 1 11 MONSOON I■g All hail 111■1111■i INN on 1■■1 6 ■11■1111■1lot ■■ I■■I JW"1100 Im. M. 1a01 rinr Fir] Ili L«.r 111 1 1 11 1,l mll WH 101111;1 I'll �laid Ida ■■ ■o mini 111111 W.1■■ 1■■ no ■o Mimi IOU mmo goo i■ ■■ SEEN 101 I� Figure 3: South-east perspective of the proposed 11 storey buildings 9.2 The report concludes that, in this location, the proposed scale and intensity of the development are in conformity with the applicable planning documents and represents good land use planning. Urban Design Brief, Barry Bryan Associates (BBA) 9.3 BBA was retained by the Owners to prepare an Urban Design Brief in support of the development applications. The brief was revised to include further justification in support of the proposal following comments received by staff and the public with concern Page145 Municipality of Clarington Report PDS-064-21 Page 12 regarding Phase 2 building massing and transition to the low-rise residential neighbourhood to the south. The brief concludes that the proposed development is appropriate and aligns with the goals of the Clarington Official Plan and Bowmanville West Urban Centre and Secondary Plan as the Municipality continues to support new transit -oriented infrastructure. Geotechnical Investigation, Soil Engineers Ltd. 9.4 Soil Engineers Ltd. was retained by the Owners to carry out a geotechnical investigation for the subject properties. The purpose of the investigation was to reveal the subsurface conditions and to determine the engineering properties of the soils for the design and construction of the proposed project. The geotechnical findings which warrant special considerations are presented throughout the report and will be addressed throughout the Site Plan Approval and construction processes. Phase One Environmental Site Assessment (ESA), Soil Engineers Ltd. 9.5 Soil Engineers Ltd. was retained by the Owners to carry out a Phase One Environmental Site Assessment (ESA) for the subject properties. The Phase One ESA identifies three areas of potential environmental concern within the site. First, potential use of pesticide during the agricultural activities at the subject site. Secondly, the presence of fill materials of unknown quality at the subject site and lastly, the presence of spill and stain on the basement floor of the building at the site. A Phase Two ESA was recommended. Phase Two Environmental Site Assessment (ESA), Cambium Inc. 9.6 Cambium Inc. was retained by the Owners to carry out a Phase Two Environmental Site Assessment (ESA) for the subject properties. Based on the results of the Phase Two ESA, Cambium concluded no contaminants of potential concern are present at concentrations greater than the applicable standards. No further work is recommended. Transportation Impact and On -Site Circulation Study, NextTrans Consulting Engineers 9.7 NextTrans Consulting Engineers was retained by the Owners to carry out a Transportation Impact and On -Site Circulation Study in support of the proposal. The study was revised and re -submitted to provide justification to support a reduction in parking and to address comments related to traffic. The report concludes that the proposed amount of parking is sufficient for the proposal. Vehicular access is envisioned through a full movement entrance that would front Green Road to the east. The study concludes that the development proposal can adequately be accommodated by the existing transportation network with negligible traffic impact to the adjacent public roadways. Page146 Municipality of Clarington Page 13 Report PDS-064-21 Environmental Noise Assessment, YCA Engineering Limited 9.8 YCA Engineering Limited was retained by the Owners to prepare an Environmental Noise Assessment in support of the proposal. The assessment examined the noise generated by traffic on Regional Highway 2, Green Road and the Canadian Pacific Railway approximately 550 metres to the south. Mitigation measures such as stationary noise outdoor measures, ventilation requirements, warning clauses and upgraded building components are outlined in the noise assessment and will be addressed through the Site Plan Approval process. Functional Servicing and Stormwater Management Report, Candevcon East Limited 9.9 Candevcon East Limited was retained by the Owners to prepare a Functional Servicing and Stormwater Management Report in support of the proposal. This report investigated water supply, sanitary sewer and storm drainage for the site. The report provides a number of recommendations for successful servicing and stormwater management for the proposal. The recommendations will be implemented through the Site Plan Approval process. Fill Management Plan, Soil Engineers Ltd. 9.10 Soil Engineering's Ltd. was retained by the Owners to carry out a Fill Management Plan (FMP) in support of the proposal. The FMP demonstrates how the earthworks would be completed in accordance with the Ministry of the Environmental, Conservation and Parks (MECP) requirements as well as the Clarington Site Alteration By-law 2008-114. Landscape Analysis Plan, prepared by Gina Brouwer and Terence Radford 9.11 A Landscape Analysis Plan was prepared in support of the proposal. The Landscape Plan was revised and includes coniferous trees along the southern edge of the property following comment from residents to the south. The Plan is provided to assess, describe and interpret the existing context of the subject site. Arborist Report, NewLeaf Landscape Architecture Ltd. 9.12 NewLeaf Landscape Architecture Ltd was retained by the Owners to prepare a tree assessment on the subject lands. The report concluded that due to the extensive development, all the existing vegetation on site requires removal. Recommendations to ensure natural buffering to the southern neighbours have been identified throughout this report and would be implemented as necessary through the Site Plan Approval process. Page147 Municipality of Clarington Report PDS-064-21 10. Agency Comments Durham Region Page 14 10.1 Durham Region has no concerns or objections to the approval of the Zoning by-law amendment provided that the applicant submits documentation which addresses potential noise impacts, potential site contamination, the Traffic Impact Study and the Site Plan to the Region's satisfaction. The above requirement must be satisfied prior to the passing of the zoning by-law, or alternatively, be subject to an (`H') Holding Provision. The Holding Provision can be lifted once the applicant provides satisfactory evidence which addresses the above noted issues pertaining to the subject site. Central Lake Ontario Conservation Authority 10.2 The Central Lake Ontario Conservations Authority has no objections to the approval of the zoning by-law amendment. The applicant must, through the detailed design phase, ensure stormwater management measures are implemented to the conservation authorities' requirements and standards. Other Agencies 10.3 Metrolinx, Enbridge, Bell Canada, Canada Post and HydroOne indicated they had no objections to the proposed applications. 11. Departmental Comments 11.1 The applications were circulated to internal departments for review and comments. Comments were received from Public Works Department, Building Division, Fire and Emergency Services Department and the Accessibility Committee. Public Works Department 11.2 The Clarington Public Works Department has no objections to the proposed rezoning application. Any outstanding concerns would be addressed through the ongoing Site Plan application process. Building Division 11.3 The Clarington Building Division has no objection to the proposed rezoning application. Fire and Emergency Services 11.4 The Clarington Emergency and Fire Services Department have no objections to the proposed rezoning application. Page148 Municipality of Clarington Report PDS-064-21 Accessibility Committee Page 15 11.5 The Clarington Accessibility Committee has no objection to the proposed rezoning application. 12. Discussion 12.1 As detailed in Sections 5 and 6 of this report, the subject proposal conforms with all applicable Provincial and Regional Policy. The PPS, Growth Plan, Durham Regional Official Plan and the Clarington Official Plan all include policies that encourage transit - supportive, mixed use and compact urban form in Priority Intensification Areas (MTSA). Priorities for Development Applications in Secondary Plan Areas Affordable Housing 12.2 Council, through Official Plan policy, supports the provision of a variety of housing types, tenure and costs for people of all ages, abilities and income groups. From the recommended policies in Clarington's Affordable Housing Toolkit, Staff are implementing various strategies including the requirement that landowners provide either land or a contribution of funds to the Municipality for the development of affordable housing. The Owners have agreed to provide $400 per unit towards affordable housing. Excellence in Urban Design 12.3 The recommended by-law and the future Site Plan process will create an active streetscape by considering the urban design elements listed below: • Incorporating pedestrian design elements as required within Urban Centres, and more specifically within the Street -Related Commercial designation; • Creating an active streetscape, by locating retail businesses on the ground floor; • Buildings will be sited near the street with direct access to public sidewalks; and • Attractive and functional streets, with full height windows and canopies. Sustainability and Climate Change 12.4 The proposal addresses the criteria developed for lands within Secondary Plan Areas in Clarington Green Development program and is guided by the Priority Green Development Framework. Council added emphasis to this priority through the declaration of a Climate Change Emergency on March 23, 2020. 12.5 To ensure appropriate landscaped area on the property, the proposed Zoning By-law Amendment requires a minimum amount of grade -level outdoor amenity space based Page149 Municipality of Clarington Report PDS-064-21 Page 16 on lot size and a number of residential units being proposed. This would ensure the site is designed with appropriate outdoor amenity areas for the residents of the buildings. 12.6 Further, the proposed Site Plan includes the removal of a number of trees. In a higher density development, tree loss is inevitable. To address this, the proposed Site Plan includes significant landscaping. The conditions of Site Plan approval would also require a compensation requirement for tree loss which would include off -site compensation if it cannot be accommodated on site. Community Engagement 12.7 As detailed in Section 8 of this report, the preparation of this Zoning By-law amendment has been supported by a thorough public engagement strategy, including a range of public consultation initiatives. These efforts have been in addition to all statutory meetings requirements. Coordination of Initiatives Bowmanville West Urban Centre and MTSA Secondary Plan (BWUC) 12.8 The BWUC Secondary Plan is currently underway. The applicants have been engaged and have worked with staff to ensure the current application can integrate with and achieve the goals of the future secondary plan. Major Transit Station Area 12.9 As discussed in Section 5.6, the proposed development is located within the Bowmanville MTSA as it is within 545 metres of a proposed GO Station site. The Growth Plan for the Greater Golden Horseshoe includes a minimum density target of 150 residents and jobs combined per hectare for lands within an MTSA. 12.10 As discussed in Section 6.6, the proposed development is located within an Urban Centre. The Clarington Official Plan encourages intensification within Urban Centres with a minimum density of 120 jobs and residents per hectare. 12.11 MTSAs and Urban Centres are intended to be developed as high density, mixed -used, transit supportive neighbourhoods. The proposed development aligns with this intention and promotes good planning practice. 12.12 The proposal represents a form of development encouraged by Provincial, Regional, and Municipal policies. It will add nearly 400 square metres of commercial floor space in Bowmanville, increasing job opportunities for the community while promoting an active streetscape. Page150 Municipality of Clarington Report PDS-064-21 Page 17 12.13 The proposal would add 228 residential units in Bowmanville, increasing the housing supply for the projected population increase. These residential units are compact and high density, consistent with Provincial, Regional and Municipal policies for urban centres and transit corridors. Zoning Change 12.14 The proposed Zoning By-law would place the subject lands in a site -specific Urban Centre Mixed -Use Exception (MU3) Zone. The zoning change would allow for the proposed development, while also being open enough for the zone to potentially be used elsewhere in Clarington for other similar higher density mixed -use developments. 12.15 There are several changes to the typical regulations of the MU3 zone being proposed as part of this amendment. These changes are considered minor in nature and reflective of the proposal while also being open enough to allow future properties to potentially employ this zone when they apply through a rezoning process. The "MU3-3" zone proposes the following: Table 1: Proposed "MU3-3" Regulations "MU3" Zone "MU3-3" Zone Minimum Sight Triangle N/A 6 Metres Setback Maximum Height As shown on zoning Map 40 metres Schedule. Number of Storeys N/A Minimum: 6 storeys Maximum: 12 storeys Location of Residential Within a street fagade; or No Requirement Entrance(s) along the side of the building but no more than half the width of the building from a street fagade Page 151 Municipality of Clarington Report PDS-064-21 Page 18 "MU3" Zone "MU3-3" Zone Location of non-residential At least one public entrance Non-residential entrances Entrance(s) for each business located on may be located along the the first floor shall be located street fagade as well as the within a street fagade. side yards of the building. Minimum Planting Strip 3 metres 7.5 metres abutting an Urban Residential Zone Angular Plane N/A 7.5 Metres from the property line plus a 45-degree angular plane from a height of 10.5 metres above the 7.5 metre setback line Minimum Shared Outdoor N/A 3 square metres per dwelling Amenity Area, Located at unit Grade 12.16 The MU3-3 zone provides a specific setback requirement for the sight -triangle at the north-east corner of the property. In doing so, this ensures that no building will encroach into the plaza space, nor adversely affect visibility at the corner of Green Road and Highway 2. 12.17 In keeping with the core principles of the ongoing Bowmanville West Urban Centre and MTSA Secondary Plan as well as the policies of the Clarington Official Plan, the MU3-3 zone proposes a minimum of 6 storeys and a maximum of 12 storeys for the lands. The maximum height is offset by appropriate transition regulations built into the zone as described in sections 12.19 and 12.20 of this report. Staff acknowledges that storey heights can significantly vary depending on the nature of the proposal. Therefore, the MU3-3 zone is proposing a maximum height of 40 metres, in keeping with the average height of a 12-storey mixed -use development. 12.18 As described in Table 1, the MU3 zoning would restrict the location of both residential and non-residential entrances. Given the design of the proposed townhouses making up the majority of the podium, the residential buildings with entrances are located Page152 Municipality of Clarington Page 19 Report PDS-064-21 on the facade of the buildings and also the rear. Therefore, the proposed MU3-3 zone does not restrict the location of the residential entrances. The proposed zone would also permit non-residential entrances to be located along the side of the building as well. This would allow non-residential uses to front onto the commercial plaza at the north- east corner of the site. 12.19 The MU3-3 zone proposes a maximum 45-degree angular plane, measured 7.5 metres from the property line from a height of 10.5 metres above the 7.5 metre setback line. This is common practice in measuring angular planes in high density developments. 12.20 Finally, the proposed zone would ensure an appropriate transition, massing, as well as sufficient amenity area on the site. The introduction of a 7.5 metres planting strip abutting an urban residential zone and a minimum 3 square metres per dwelling unit would ensure that the property has sufficient landscaping, transition to the south and amenity space on the ground level for residents and patrons. 12.21 Staff are of the opinion that it is appropriate to proceed with recommending approval of the rezoning application, subject to a (`H') Holding Provision, as the proposed use is consistent and conforms with provincial and local policy. It is Staff's opinion that the proposed site -specific zone standards are appropriate and represent minor reductions from current zoning standards and therefore would result in minimum impacts on neighbouring properties. It should be noted that the proposed Holding Provision would only be lifted once the Applicant provides satisfactory evidence which addresses all concerns listed in this report, as well as enters into the appropriate development agreement (e.g. Site Plan) with the Municipality of Clarington to address the final technical details related to the proposal. 12.22 The applicant has been notified of comments from agencies and departments that would need to be addressed as part of the Site Plan process. Staff continue to work with the applicant through the Site Plan review process to address detailed urban and sustainable design, final site and building design, transition and landscaping. 13. Concurrence 13.1 Not Applicable. 14. Conclusion 14.1 In consideration of all agency, staff and public comments, it is respectfully recommended that the application to amend Zoning By-law 84-63 to permit this mixed - use development be approved. Page 153 Municipality of Clarington Report PDS-064-21 Page 20 14.2 It is respectfully recommended that in consideration of all agency, staff and resident comments that the application for Zoning By-law amendments to permit two 11 storey mixed -use buildings at the south-west corner of Green Road and Highway 2 in Bowmanville be approved as contained in Attachment 1 of this report. Staff Contact: Amanda Tapp, Principal atapp(a)-clarington.net or Carlos Salazar csalazar(a�clarington.net Attachments: Planner, 905-623-3379 ext. 2427 or , Manager, 905-623-3379 ext. 2409 or Attachment 1 — Zoning By-law Amendment Attachment 2 — Public Comments Summary Table (up to and including November 19, 2021) Interested Parties: List of Interested Parties available from Department. Page154 ■ Clarftwn MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Mayor and Members of Council From: Ryan Windle, Director of Planning and Development Services Department Date: December 3, 2021 File No.: ZBA 2021-0002 Re: PDS-064-21 - Update to Zoning By-law Amendment Further to releasing Staff Report PDS-064-21, Staff have had design meetings with the proponents which have resulted in minor changes to the original By-law attached to the report. These 5 changes are minor and are agreed upon by the proponent as well as staff, they are summarized below: Original By-law Updated By-law (Attachment 1) (Attachment 1) Angular Plane - A 45-degree Angular Plane 7.5 Metres from the property angular plane from a height line plus a 45-degree of 10.5 metres above the angular plane from a height property line of 10.5 metres above the 7.5 metre setback line Minimum Planting Strip 7.5 metres 6 metres Abutting an Urban Residential Zone From Parent "MU3" Zone 2.5 metres 1.85 metres Minimum distance between a parking space and a building where a walkway is located beside the building (metres) The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page155 (Insert Reference Number if applicable) Page 2 ■ Original By-law (Attachment 1) Updated By-law (Attachment 1) From Parent "MU3" Zone 3 metres 1.5 metres Buildings six storeys or taller shall setback all floors above the fourth storey that face a public street (metres) Added for Clarity The front yard and exterior - side yard setbacks only apply to the buildings, or portion of buildings, which are being counted towards compliance with the minimum length of the street fagade. Ryan Windle, MCIP, RPP, AICP Director Planning and Development Services The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page156 Attachment 1 to Municipality of Clarington Report PDS-064-21 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 for ZBA2021-0002; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Notwithstanding the respective provisions of Section 16A.4, those lands zoned MU3- 3 on the Schedules to this By-law, shall be subject to the following: 1. Regulations i. Angular Plane a) A 45-degree angular plane from a height of 10.5 metres above the property line ii. Sight Triangle Setback (minimum) a) 6 Metres iii. Height (maximum) a) 40 metres iv. Number of Storeys a) Minimum: 6 Storeys b) Maximum: 12 Storeys V. Location of residential entrance(s) No requirement vi. Non-residential entrance(s) may be located in the front or side yard of a building. vii. Minimum Planting Strip abutting an Urban Residential Zone Page 157 a) 6 metres viii. Shared Outdoor Amenity Area, Located at Grade (minimum) a) Minimum 3 square metres per dwelling unit ix. Minimum distance between a parking space and a building where a walkway is located beside the building (metres) a) 1.85 metres X. Buildings six storeys or taller shall setback all floors above the fourth storey that face a public street (metres) a) 1.5 metres xi. The front yard and exterior side yard setbacks only apply to the buildings, or portion of buildings, which are being counted towards compliance with the minimum length of the street fagade. 2. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" and "Holding — Urban Residential Exception ((H) R4-29" to "Holding — Urban Centre Mixed Use Exception (MU3-3)" Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule `A' attached hereto shall form a part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By -Law passed in open session this day of , 2021. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 158 This is Schedule "A" to By-law2021- , Passed this day of 2021 A,a- 7345 2149 a Y 2k ® 0 ❑� 36 ❑ � ® �# 74 12 0 � 0 F o }7 ® Zoning Change From 'A/(H)R4-29'to'(H) MU3-3' O[Nnriaiwllle - 26A M21 M2 Page159 Attachment 2 to PDS-064-21 ZBA2021-0002 - Public Comments to Date (November 19, 2021) # Name Comment Summary Date Format 1 Melissa Jones Inquired about what the development plans were. Concerned about the heights March 15, 2021 of the buildings overlooking the backyard. Unhappy with the height of 11 stories, Email thought this location could have no more than 3 stories and that it would be a retirement home. 2 Glen Cain Inquired about what the development plans were. Concerned with how it will March 8, 2021 impact the value of their property. Listed other concerns including loss of March 17, 2021 privacy, construction noise, dirt, light pollution, tenant noise, and snowplowing. May 13, 2021 Drastic change from previous proposals. Email Further e-mail received o May 13, 2021 where Mr. Cain requested to be removed from the list of Interested Parties on the project. 3 Ryan Fleming Disappointed that the structure is going to be so high. Stated that it is a drastic March 22, 2021 change from previous proposals. Concerned with privacy. Inquired about the Email role of planners and setbacks. 4 Ken Pasricha General questions related to the proposal. Requested to be added to the IP list. April 14, 2021 Phone Call 5 Christine Cox General questions related to the proposal. Requested to be added to the IP list. May 13, 2021 Email Page160 Attachment 2 to PDS-064-21 # Name Comment Summary Date Format 6 Richard Oldfield General support of the proposal and encourages the incorporation of Active May 19, 2021 Transportation infrastructure on and surrounding the site. Phone 7 Richard Domes General Questions related to the proposal. Requested to be added to the IP list. June 4, 2021 Email 8 Hillary Clifford Disappointed with the 11 storey height, finds 6 storeys more suitable to the town June 6, 2021 as the building is tall but not towering. Concerned with loss of privacy, light Email pollution, and loss of trees. 9 Ryan Boland Expressed his concerns regarding the height of the development. He stated that June 7, 2021 it directly impacts the neighboring backyards to the south and believes there Public Meeting Delegation could have been a better selected area. Mr. Bolan concluded by stating the development will affect the value of his home. 10 Josie Pascoe Surprised by the two 11 storey buildings considering the Bowmanville West June 17, 2021 Secondary Plan public meeting where 4-6 stories were discussed. Has concerns July 5, 2021 with the proposal. Feels that "big business rules and neighborhoods don't really Email matter". 11 Doug Waterhouse General questions related to the proposal. Requested to be added to the IP list. July 16, 2021 Email 12 Chris Rennie General questions related to the proposal. Did not request to be added to the IP August 26, 2021 list. Email Page 161 Clarftwn 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: December 6, 2021 Report Number: PDS-065-21 Submitted By: Ryan Windle, Director of Planning and Development Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: PLN 34.2.24 By-law Number: Report Subject: Heritage Incentive Grant Program Annual Report for 2021 Recommendations: 1. That Report PDS-065-21 be received; 2. That the Heritage Incentive Grant Program grants of up to 50% of the costs of eligible works be increased to a maximum of $4,000 for exterior projects and a maximum of $2,000 for interior works, for an increased total maximum of $6,000 per property; and 3. That all interested parties listed in Report PDS-065-21 and any delegations be advised of Council's decision. Page162 Municipality of Clarington Report PDS-065-21 Report Overview The purpose of this report is to provide an overview of Heritage Incentive Grant (HIG) Program and activity in 2021. Page 2 The intent of the HIG Program is to provide owners of properties designated under Parts IV and V of the Ontario Heritage Act with financial support to assist with the cost of repairs and restoration of their property's identified heritage features. 1. Background Ontario Heritage Act 1.1 The Ontario Heritage Act, 2005 (OHA) enables municipalities to designate properties of cultural heritage value or interest and identify specific features to be conserved. The OHA, in conjunction with the provisions of the Municipal Act, 2001 also provides municipalities the opportunity to implement heritage grant and/or tax relief programs, recognizing heritage properties can be more costly to restore and maintain than newer buildings. 1.2 Clarington's Property Standards By-law 2007-070 addresses property standards requirements specific to designated heritage properties, requiring identified heritage features to be maintained, conserved, and protected. 1.3 The Heritage Incentive Grant (HIG) Program was established in 2013 to assist the owners of properties designated under Parts IV and V of the OHA with financing the cost of repairs and restoration. The HIG Program is targeted towards maintaining and conserving those heritage attributes identified in each property's designation by-law. 2. Heritage Incentive Grant Program HIG Program Guidelines and Procedures 2.1. The HIG Program provides owners of designated heritage properties with grants of up to 50% of the costs of eligible works to a maximum of $2,000 for exterior projects, and up to $1,000 for interior work. 2.2. Eligible works generally relate to the maintenance, repair and conservation of heritage attributes identified in the property's designation by-law and may also include reconstruction of existing heritage features that are beyond repair, required structural works, and repair of mortar. Priority is given to applications for works that specifically address the repair and restoration of heritage features listed in the designation by-law. 2.3. In the spring of each year, a letter is sent to owners of designated heritage properties advising them of the HIG Program and inviting them to submit a HIG application. HIG applications are required to be submitted by the end of May of each year for processing. Page163 Municipality of Clarington Report PDS-065-21 Page 3 In most cases, a Heritage Permit application is required to be submitted in conjunction with the HIG application in accordance with the OHA requirements for a proposed alteration to a designated heritage property. 2.4. Applications are reviewed by the Planning and Development Services Department. In cases where a Heritage Permit is required under the OHA, the proposal is reviewed by the Clarington Heritage Committee and Council. If all eligibility criteria and HIG Program requirements are met, the Director of Planning and Development Services may approve the HIG subject to an approved heritage permit. 2.5. All proposed works are required to be undertaken in accordance with an associated Heritage Permit, the Ontario Building Code, and all applicable planning and zoning requirements. Grants are issued upon the completion of the works to the satisfaction of the Municipality and confirmation that property taxes are up to date. Properties that are currently in receipt of other grants or tax incentives from the Municipality are not eligible for the HIG Program. Consideration of Alternatives to Support Designated Heritage Properties 2.6. In September 2021, staff presented a Heritage Tax Incentive Report FSD-039-21 to Council providing information about financial support tools available under the Municipal Act and Ontario Heritage Act to assist owners of designated heritage properties. The report considered potential alternatives for the current HIG Program, both in its existing and an enhanced form, and the development of a heritage tax rebate program to either complement or replace the HIG Program. Details of each alternative are outlined in the Heritage Tax Incentive Report. 2.7. Council received Report FSD-039-21 and directed (Resolution C-295-21) that the status quo and the current Heritage Incentive Grant Program policies be maintained, with no consideration of heritage tax rebates in the 2022 budget. 2.8. The HIG Program has been in place since 2013 with little change over time. However, repair costs continue to rise. Had Council approved the alternate recommendation of the Complementary Heritage Property Tax Rebate as outlined in Report FSD-039-21 the amount allocated to assisting heritage property owners would have been $18,000 per year. 2.9. The HIG budget has been $6,500 per year since the Program's inception. Staff are recommending the maximum dollar values for exterior and interior repairs be increased to $4,000 and $2,000 respectively. Along with this increase, funds have been included in the B list of the 2022 budget to increase the budget allocation from $6,500 to $18,000. The increased funding for the HIG Program through budget deliberations for 2022 would recognize increasing costs associated with repair and maintenance of designated heritage properties. Additional Program funding would enable the provision of grants to support (i) a greater proportion (up to 50%) of the eligible project costs per property, and (ii) a larger number of designated properties each year. Page164 Municipality of Clarington Report PDS-065-21 3. 2021 HIG Program Activity Page 4 3.1. Two applications for HIGs were received in 2021 in response to the letter notifying designated property owners of the Program. 3.2. Funding ranging from 30% to 50% of the total eligible project costs was allocated to the two designated properties for works that included: • Repair and replacement of roofing and chimney (Tyrone Blacksmith Shop; 2752 Concession Road 7); and • Replacement of the front porch steps and railing (67 Ontario Street). Figure 1: Completed works at 2752 Concession Road 7 and 67 Ontario Street 3.3. At the time of writing, both 2021 HIG projects have been completed and associated grants have been issued. 3.4. The availability of contractors with expertise and experience in heritage construction is an ongoing issue for many designated property owners. As a result, there have been situations where planned projects have been delayed or postponed indefinitely. In order to ensure funding does not continue to be held for projects that are no longer being pursued, conditional grant approvals are issued for a period of six months. Property owners are requested to contact staff to advise if an extension is required to complete the approved works. 3.5. Staff typically reduce the percentage of contribution across all project applications to support as many as possible in any given year. It is anticipated that interest in the Program will rebound to the levels seen in prior years once the uncertainties associated with the COVID-19 pandemic begin to subside. Page165 Municipality of Clarington Page 5 Report PDS-065-21 4. Concurrence Not Applicable. 5. Conclusion 5.1. The intent of the HIG Program is to provide owners of properties designated under Parts IV and V of the OHA with financial support to assist with the cost of repairs and restoration of their property. 5.2. Uptake of the HIG Program has proven successful, as in most years the full budget allocation is committed. 5.3. 2021 HIG grants ranging from 30% to 50% of total eligible project costs were allocated to designated property owners in support of their contribution to conserving Clarington's built heritage fabric. To this end, 36 HIG applications have been approved and $36,650 of grant funding has been issued since the implementation of the HIG Program in 2013. 5.4. It is respectfully recommended that this report be received for information and that the value of the grants be increased as outlined in Section 2.9 of this Report. Staff Contact: Sarah Allin, Planner II, 905-623-3379 or sallin a().clarington.net. Attachments: None The following interested parties will be notified of Council's decision: Clarington Heritage Committee Page166 Clarftwn 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: December 6, 2021 Reviewed By: Andrew C. Allison, CAO File Number: Report Number: CAO-012-21 Resolution#: By-law Number: Report Subject: Clarington Board of Trade Contract (2022 — 2023) Recommendations: 1. That Report CAO-012-21 and any related communication items, be received; 2. That the Mayor and Clerk be authorized to sign a Purchase of Service Agreement with the Clarington Board of Trade (CBOT) substantially on the terms set out in Attachment 1 of Report CAO-012-21; and 3. That all interested parties listed in Report CAO-012-21 and any delegations be advised of Council's decision. Page167 Municipality of Clarington Report CAO-012-21 Report Overview Page 2 In the process of implementing the direction provided by Council, staff have been in discussions with both staff and Board members of the Clarington Board of Trade (CBOT) to draft the terms of a new agreement. The agreement will have CBOT continue to provide support to local businesses through a Business Retention and Expansion program, which will be managed by Planning and Development Services. The Attraction portion of the municipal economic development portfolio will be delivered in-house by an Economic Development Coordinator. Attached to this report is a draft contract that seeks to ensure that the Municipality and CBOT are best positioned to continue to provide high -quality support to the Clarington business community. 1. Background 1.1 Clarington has had a contract for the delivery of municipal economic development services with the CBOT since it was incorporated in 1999. Prior to 1999, the Municipality had an Economic Development Officer on staff who exclusively handled the portfolio. 1.2 After considering Report CAO-003-21, Council directed staff to, (a) negotiate a renewal contract with the Clarington Board of Trade (which will require Council approval); (b) retain a consultant to prepare an Economic Development Strategy at an estimated cost of $50,000 (up to 90% funded through development charges); and (c) hire a full-time employee to assist with the delivery of the attraction services with the cost to be covered through a reduction to the CBOT contract. 1.3 Based on this direction, staff went through a formal procurement process to retain MDB Insight ("MDB") to prepare the Economic Development Strategy. MDB has extensive experience in drafting economic development strategies and have done work across Ontario, including supporting municipalities with various models of economic development delivery. The expected delivery date for the Strategy is in early 2022. 1.4 It is important to note that the overall direction for the economic development function will be driven through the Economic Development Strategy, Official Plan, and Clarington Corporate Strategic Plan. CBOT will deliver the local Business Retention and Expansion component, while the Municipality will be responsible for the Attraction and Tourism functions. Page168 Municipality of Clarington Page 3 Report CAO-012-21 2. Purchase of Service Agreement Local BR+E Services 2.1 As part of its engagement, MDB met with CBOT (President, Executive Director and Manager, Business Development) as well as Municipal Staff (Manager of Customer Service and Tourism Coordinator). The purpose of these conversations was to (a) build the list of BR+E services; and (b) avoid unnecessary duplication of services contracted to CBOT and services currently offered / to be provided by the Municipality following implementation of the Economic Development Strategy. It is important that any potential overlap between CBOT, Economic Development Staff (Planning and Development) and Tourism (Community Services) be identified in advance so as not to duplicate resources. 2.2 MDB has also provided input into the Economic Development Coordinator job description to ensure the scope and responsibilities of that position fit appropriately within the new service delivery model. 2.3 Section 4 of the draft Purchase of Service Agreement (see Attachment 1) is based on a list of BR+E services prepared by MDB. Fees 2.4 Attachment 2 is a Review of Service Delivery Models prepared by MDB. It will eventually become an attachment to the Economic Development Strategy. It includes five case studies for illustrative purposes. The case summaries show how much each of the studied municipalities allocate to economic development services. They also provide many examples of key performance indicators. 2.5 The draft Purchase of Service Agreement (section 9) provides fees payable in the amount of $325,000 in 2022 and $300,000 in 2023. The base annual amount of $300,000 was based on an estimate of the cost to deliver the BR+E services identified by MDB using actual figures from CBOT's 2020 economic development operations. The total amount paid to CBOT for BR+E and attraction services in 2021 was $377,418. The fee included in the renewal contract for 2022 includes $25,000 to cover the cost of CBOT continuing to provide attraction services in the first three months of 2022 before the service migrates over to the Municipality. 2.6 The contract will be managed by the Planning and Development Services Department, through the current Community Planning branch. A key part of the contract and its management will be an agreed upon BR+E business plan that CBOT will submit to the Municipality before April 1, 2022. It will include a list of deliverables and Key Performance Indicators to drive desired outcomes, which will be set based upon the Page169 Municipality of Clarington Report CAO-012-21 Page 4 completion of the Clarington Economic Development Strategy. The business plan will be jointly prepared with Municipal staff. 2.7 The proposed salary (fully burdened) for a Municipal Economic Development Coordinator is $120,605.59 (Grade 6 on 2022 staffing grid). This position will be responsible for the attraction portion of the economic development portfolio, and the cost associated has been included in the 2022 budget for the Planning and Development Services Department. 2.8 When Report CAO-003-21 was prepared, it was the expectation of staff that the amount paid to CBOT under the renewal contract could be reduced by offering nominal rent in the Edna Thompson Building (Shaw House) once it was renovated. Unfortunately, due to the renovation quotes received, that project is on hold and therefore there is no opportunity at this time for CBOT to relocate to this building. Governance 2.9 Through Resolution #GG-427-21 on June 21, 2021, Council directed staff to request that the CBOT Board of Directors accept the two Regional Councillors onto their Board. This was to be considered in the context of the contract renewal. 2.10 The request was made to CBOT regarding the possibility of adjusting their board composition to allow for these potential seats to be added (either net new or designated amongst their current complement of Directors). They provided Council a written response which can be found in Attachment 3. 2.11 It is of course not unheard of in a municipal context to have an elected official on the board of an entity that they provide funds to. In the case of the Visual Arts Centre, Clarington's financial contribution accounts for a considerable portion of their budget and there is one Councillor appointed to their board (1 of 10 available seats). In the case of the Bowmanville Older Adults Association, no member of Council has a seat on the board. Further, those organizations are not operating as a contractor. In terms of the CBOT, they have long provided an ex-officio "liaison" seat to a municipal staff member, which MDB has suggested they continue to do. 2.12 Based on the above factors, and with a contract period of only two years (versus the usual five-year term), staff, in consultation with MDB Insight, have built the following communication and reporting regime into the draft contract (section 5): (a) The Municipality shall provide CBOT with a Municipal Advisor to their board, to support the ongoing efforts of staff and the Board of Directors. (b) The Executive Director of CBOT shall provide a quarterly update to Council through the Planning and Development Committee. Page170 Municipality of Clarington Report CAO-012-21 Page 5 (c) The Executive Director of CBOT shall meet regularly (at a minimum, quarterly) with the Director of Planning and Development, Director of Community Services and municipal staff leads to provide an update with respect to the services set out in this agreement. This will inform the quarterly update to Council through the Planning and Development Committee. (d) The Executive Director and President of CBOT shall meet independently with each member of Council (biannually) to discuss issues and initiatives relevant to their ward and the ongoing activities of CBOT including matters addressed in CBOT's business plans. 2.13 As noted, CBOT would be responsible to report regularly to Council on BR+E efforts, against the agreed upon business plan, as well as tracking against KPIs. This will be done through a report to the Planning and Development Committee but also through informal conversations with Councillors (biannually). To provide a more encompassing overview of economic development in Clarington, each quarterly CBOT update to the Planning and Development Committee will be accompanied by an update from Municipal staff responsible for the Attraction and Tourism portfolios. Overall, this mechanism of accountability will ensure that Council is aware of the pertinent economic development indicators on a regular basis. Other Implications 2.14 As outlined in Report CAO-003-21, the "Community Planning and Design" division will be renamed to "Community Planning and Economic Development". The Manager of the division will assume the additional title of Economic Development Officer. The Coordinator will report through the Manager, as well as have oversight over the contract and its deliverables. 2.15 It is anticipated that there may be some initial confusion to the public related to who is responsible for which components of the economic development functions. Determining how to best communicate the division will be flushed out through the remainder of the strategic planning process. It is also expected that our Communications Division will work with CBOT to provide direction and approval as it relates to BR+E work (advertising, marketing, etc.), including guidelines around the use of the Municipal logo and brand assets. 3. Concurrence Not Applicable. Page 171 Municipality of Clarington Report CAO-012-21 4. Conclusion Page 6 4.1 As the business community emerges from what has been a considerably uncertain and challenging time, it is vitally important that the appropriate local supports be in place to help them not only on their path to recovery but support them as they grow in the future. This adjustment of services would allow CBOT to hone their workplan to an area that will be critical in the post -pandemic world. Staff Contact: Carlos Salazar, Manager, Community Planning and Design, 905-632-3379 Ext. 2409 or csalazar(a)clarington.net; Justin MacLean, Advisor, Corporate Policy and Strategic Initiatives, 905-623-3379 Ext. 2017 or net. Attachments: Attachment 1 — Draft Contract Attachment 2 — Review of Service Delivery Models (MDB Insight) Attachment 3 —Letter from CBOT Board of Directors (Request for Two Board Seats) The following interested parties will be notified of Council's decision: Clarington Board of Trade - Board of Directors Page172 Attachment 1 to Report CAO-012-21 PURCHASE OF SERVICES AGREEMENT This Agreement is made as of the 1 st day of January 2022 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") -and- CLARINGTON BOARD OF TRADE ("CBOT') IN CONSIDERATION OF their respective covenants and agreements herein contained and subject to the terms and conditions herein set out, the Municipality and CBOT covenant and agree each with the other as follows: 1. Definitions. In this Agreement, "Agreement" means this Purchase of Services Agreement; "CBOT" means the Clarington Board of Trade; "Fee" means the fee paid to CBOT under section 9; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; and "Term" means the term of this Agreement as set out in section 2. 2. Duration of Agreement. The term of this Agreement commences on January 1, 2022 and continues until December 31, 2023. 3. Termination of Agreement. The agreement between the Municipality and CBOT dated January 1, 2017 expressed to be in force until December 31, 2021 is terminated upon this Agreement coming into effect. 4. Services Being Purchased and Provided. The Municipality agrees to purchase from CBOT and CBOT agrees to provide to the Municipality the following economic development services: (a) act on behalf of the Municipality in relation to the services provided by CBOT under this Agreement, mainly the development and implementation of the Business Retention and Expansion program; Page173 Attachment 1 to Report CAO-012-21 (b) identify target and key employers, and priority economic sectors, to be included in Business Retention and Expansion (BR+E) programming in cooperation with the Municipality; (c) assist local businesses with expansions and relocation within the Municipality, and retaining their existing operations within the Municipality; (d) establish monthly corporate calling targets on outreach/visits/engagement activities; (e) work with the Municipality to explore the possible deployment of a tracking tool to act as a client relationship management instrument to capture critical intelligence of the local economic base and relevant industry sectors; (f) undertake regular consultation with the public and business community on relevant economic development topics as requested by the Municipality as part of the services outlined in this agreement; (g) market and promote the Municipality to existing and potential new local ventures, taking into consideration the Municipality's Economic Development Strategy, Municipal Council's Strategic Plan, Clarington's Official Plan and the Municipality's communications and branding strategies; (h) facilitate interaction between the local business community and the municipality; (i) collaborate with the Municipality on funding opportunities with the Federal Government, the Provincial Government, and other sources for economic development purposes; Q) support the municipality in identifying, establishing and maintaining suitable partnerships/relationships throughout the community and wherever necessary to meet the economic development objectives of the Municipality; (k) provide guidance and leadership in the development of the local workforce based on input from the local business community; (1) inform, where able, the offices of the Mayor and the Municipality's Chief Administrative Officer/Director of Planning and Development in advance of public announcements or events involving CBOT and/or economic development matters; (m) collaborate with the Municipality and other relevant organizations in the implementation of the Municipality's Economic Development Strategy; (n) support the growth of Clarington's entrepreneurial ecosystem and small business economy through partnerships with like-minded agencies and Page174 Attachment 1 to Report CAO-012-21 organizations including the Business Advisory Centre Durham and the Spark Centre; and (o) prepare and submit on or before April 1, 2022 and January 1 st of every year thereafter, an annual business plan to the Municipality that reports on the progress associated with the services described in this Agreement and the workplan for the year. 5. Ongoing Liaison. To keep the Municipality informed on a timely basis of the success of the CBOT in providing the services set out in this Agreement and to maintain good working relationships, CBOT and the Municipality shall maintain ongoing liaison as follows: (a) The Municipality shall provide CBOT with a Municipal Advisor (staff) to their board, to support the ongoing efforts of staff and the Board of Directors. (b) The Executive Director of CBOT (or designate) shall provide a quarterly update to Council through the Planning and Development Committee. (c) The Executive Director of CBOT (or designate) shall meet regularly (at a minimum, quarterly) with the Director of Planning and Development, Director of Community Services and municipal staff leads to provide an update with respect to the services set out in this agreement. This will inform the quarterly update to Council through the Planning and Development Committee. (d) The Executive Director and President of CBOT shall meet independently with each member of Council (biannually) to discuss issues and initiatives relevant to their ward and the ongoing activities of CBOT including matters addressed in CBOT's business plans. 6. Performance Measurement. CBOT and the Municipality shall work together to develop a business plan for the length of the contract including key performance indicators for the services described in section 4 following completion of the Municipality's Economic Development Strategy in the first quarter of 2022. 7. Third Party Agreements. CBOT may enter into agreements with other parties which are consistent with the business plan(s) outlined in this contract. The Municipality may enter into agreements with other parties which are consistent with the Municipality's objective of strengthening and expanding the local economy. 8. Relationship. Nothing contained in this Agreement shall constitute CBOT as the agent, partner, employee, or joint venturer of the Municipality. CBOT shall not act to, (a) incur any expense, liability or obligation on behalf of or in the name of the Municipality; Page175 Attachment 1 to Report CAO-012-21 (b) enter into or engage in any negotiations on behalf of or in the name of the Municipality concerning a proposed acquisition or disposition of land by the Municipality; or (c) make any representation, inducement or enter into or engage in any negotiations on the basis that the Municipality would assist directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose by the Municipality giving or lending any property of the municipality, including money, guaranteeing borrowing, leasing or selling any property of the municipality at below fair market value, or giving a total or partial exemption from any levy, charge or fee contrary to section 106 of the Municipal Act, 2001. (d) The Board acknowledges that the responsibility for economic development services lies with Municipal Council. 9. Consideration. For the services provided under this Agreement, and once a business plan has been approved to the satisfaction of the Director of Planning and Development Services and provided CBOT is not in default, the Municipality shall pay CBOT a flat fee of $325,000 for the first year of the Term and a flat fee of $300,000 for second year of the Term. Each such payment shall be made as soon as possible after the Municipality has approved its annual budget. 10. CBOT's Human Resources. CBOT shall be the direct employer of its own human resources, with an organizational structure, staff complement, and salaries and benefits determined by CBOT. 11. CBOT's Corporate Services. CBOT shall be responsible for its own corporate services such as payroll and benefits administration, banking, accounting and financial management, legal, purchasing, printing, computers and office technology, human resource management, mail/courier, office space, furniture, fixtures and supplies. 12. Indemnification by CBOT. CBOT shall indemnify and save harmless the Municipality and its representatives from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted, in any manner arising from any willful or negligent act, or attributed to anything done or omitted to be done by CBOT, its directors, officers, employees or agents arising from or pertaining to the receipt, disposition or refunding of Fees, as the case may be. 13. Indemnification by Municipality. The Municipality shall indemnify and save harmless CBOT, its directors, officers, employees and agents, and their respective heirs, executors, administrators, successors and assigns from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner arising from any willful or negligent act, or attributable to anything done or omitted to be done Page176 Attachment 1 to Report CAO-012-21 by the Municipality, its officers, employees or agents, arising from or pertaining to the late payment or nonpayment of any installment of the Fee or other financial obligation of the Municipality to CBOT except where such late payment or nonpayment is permitted by this Agreement. 14. Provision of Information. Upon written request from the Municipality, CBOT shall provide the Municipality, without expense to it, any information, as it pertains to economic development activities, which is available to CBOT with respect to its business plan and which it is able to provide without breaching any applicable law. 15. Events of Default. The following constitute events of default under this Agreement: (a) CBOT becomes bankrupt or insolvent, goes into receivership, or takes the benefit of any statute from time to time being enforced relating to bankrupt or insolvent debtors; (b) An order is made or resolution passed for winding up or for the dissolution of CBOT or it is dissolved; (c) CBOT ceases actual bona fide operation for a period of thirty (30) days; (d) CBOT has knowingly submitted false or misleading information to the Municipality; or (e) CBOT is in breach of the performance of, or compliance with, any term, condition, or obligation on its part to be observed or performed under this Agreement. 16. Remedies on Default. If an event of default specified in subclause 15 (a), (b), (c) or (d) occurs or an event of default specified in subclause 15 (e) occurs and is not remedied within thirty (30) business days after receipt by CBOT of notice of default, or a plan satisfactory to the Municipality to remedy such an event of default is not implementedwithin such period and fully and diligently carried out thereafter, then the Municipality may, in addition to any other remedies otherwise available, terminate this Agreement and any obligation by the Municipality to pay the Fee including any unpaid installment outstanding prior to the date of such termination. 17. Waiver of Breaches. In the event of a breach of any provision of this Agreement by one party, no action or failure to act by the other party shall constitute a waiver of any right or duty afforded by that party under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any such breach, except as may be specifically agreed to in writing. 18. Further Documents. CBOT and the Municipality shall, from time to time, execute and deliver all further documents and instruments and do all acts and things as the other party may reasonably require to effectively carry out or better Page177 Attachment 1 to Report CAO-012-21 evidence or perfect the full intent and meaning of this Agreement. 19. Notice. Where in this Agreement any notice, request, direction or other communication is required to be given or made by either party, it shall be in writing and is effective if delivered in person or by recognized courier addressedto the other party for whom it is intended at the following addresses, and any notice shall be deemed to have been given on the date of such delivery. Any notices intended for the Municipality shall be delivered and addressed to: Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 Attention: Municipal Clerk Any notices intended for CBOT shall be delivered and addressed to: Clarington Board of Trade 54 King Street East, Suite 102 Bowmanville, ON L1 C 1 N3 Attention: President The address of either party may be changed by notice in the manner set out above. 20. Assignment. Neither party shall assign all or any portion of its rights or obligations under this Agreement to a third party without the other party's prior written consent. 21. Supplementary or Additional Agreements. If at any time during the continuance of this Agreement, the parties shall deem it necessary or advisable to make any alteration or addition to this Agreement, they may do so by means of a written agreement between them which shall be supplemental or additional hereto and form part hereof. 22. Severability of Provisions. If any of the provisions of this Agreement shall be illegal or invalid, such illegality or invalidity shall not render the whole Agreement illegal or invalid, but the Agreement shall be construed as if it did not contain the illegal or invalid provision or provisions, and the rights and obligations or the parties shall be construed and enforced accordingly. Page178 Attachment 1 to Report CAO-012-21 IN WITNESS WHEREOF the Municipality and CBOT have signed this Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Adrian Foster, Mayor Per: June Gallagher, Municipal Clerk CLARINGTON BOARD OF TRADE Per: Angelo Lyall, President Per: Sheila Hall, Executive Director Page179 1w. GOVVNE BOARD l fflN AC EMENT MISSION POLICIES VALUES 1(: ri INSIGHT Econom Development Strategy Appendix 1 Review of Service Delive Models Municipality of larin t n November 2021 ra Contents Economic Development Service Delivery Models................................................................... 1 InternalService Delivery.................................................................................................................... 2 Organizational Structure and Governance.........................................................................................................2 Advantages/Disadvantages of Internal Service Delivery....................................................................................2 External Service Delivery................................................................................................................... 3 Organizational Structure and Governance.........................................................................................................4 Advantages of External Service Delivery............................................................................................................4 Five Case Studies of Economic Development Corporations............................................................. 6 Town of Ajax - Economic Development Office...................................................................................................8 City of Kingston — Economic Development Corporation....................................................................................9 City of London — Economic Development Corporation....................................................................................11 City of Peterborough — Peterborough & the Kawarthas Economic Development...........................................13 City of Vaughan — Economic and Cultural Development Department.............................................................16 Review of Service Delivery Models (MDB Insight).docx Page 181 Page i ra Economic Development Service Delivery Models' A critical part of the service delivery review for the Municipality of Clarington and Clarington Board of Trade (CBOT) is understanding internal and external economic development functions. The following section breaks down each service delivery method, their advantages and disadvantages and impact on economic development goals and objectives. This is followed by an initial high-level review of select economic development corporations across Ontario. The analysis provides context for the considerations that informed the Proposed Service Delivery Terms for Municipality of Clarington and CBOT. Overview There are a variety of economic development structures in place across Canada and can be most easily understood as falling within three specific models that operate internal or external to the municipality. The municipal department or office model falls under internal service delivery and development corporations, and private/independent development organizations fall under external service delivery. Internal and external models exist to achieve the same general purpose, the provision of local economic development services. While neither model is superior, the characteristics of an individual municipality help guide it to the best model, given its circumstances. Most internal and external organizations in Ontario cover a similar suite of economic development services. However, internal economic development organizations in Ontario tend to also support tourism, while more external corporations operate a small business center. Although there can be substantial overlap in program areas, financials, and staffing resources between internal and external organizations, a comparison between experience in partnerships, governance, decision -making, and accountability indicates differences between the three models that fit under the two modes of service delivery. While, in theory, these three models and two modes of service delivery represent the typical structures of economic development in practice in Canada, several nuanced and hybrid structures exist across the country to meet the specific needs of a community or region. In some instances, municipalities contract out the role of economic development to a qualified person or corporation via a formal tendering process. This model, though rare, is used by municipalities that do not have the internal capacity to develop and/or implement economic development activities themselves. If this model is used, governance is ultimately the municipality's role and resembles any other contractual relationship between a client and agent. Accountability of operations is the meeting of specified deliverables according to the provisions of the contract 1 Informed by Blakely, Edward J., N. Green Leigh, Planning Local Economic Development: Theories and Practices, Sage Publications (2009); and Parker, P., & Donaher, E. (n.d.). Comparing economic development corporation and internal department models: Service delivery in Southern Ontario; and Thompson, S. (n.d.). Delivery models of local economic development: An analysis of internal and external models in Ontario. Review of Service Delivery Models (MDB Insight).docx Page 182 Page 1 ra Internal Service Delivery Internal service delivery is characterized by the direct involvement of the municipality in the operations of the economic development office. Municipal Department or Office Model The economic development office is housed within the formal municipality as either a standalone division or contained within an overarching departmental structure (e.g. Planning, Development Services etc.). In this model, economic development is funded through a line item or departmental budget, subject and accountable to municipal council through the annual budget process and review through the director or Chief Administrative Officer (CAO). Organizational Structure and Governance Depending on the size of the community, municipal statistics, historical context and other factors, internal structures can take on different forms. In smaller or more rural communities, a single person may manage the municipalities' economic development activities. There are also instances of less formal delivery mechanisms such as the use of voluntary committees, the services of a planning department or other related department and/or the use of a staff member with primary responsibilities other than economic development. In general, internal economic development departments report through a chain of command, often to the CAO or City Manager, and formally governed by the elected council and mayor. In some cases, there can be an economic development committee of council that meets with economic development practitioners more frequently than full council meetings. Staff members are accountable to council for the delivery of programming and services. Advisory committees made up of private sector representatives with council liaison members also exist in the governance of some municipal economic development departments. These committees do not have any formal financial or decision -making responsibility. Still, they play an important role in policy setting, advocacy, strategizing and providing connection to industry and advice on on -the -ground experience. Advantages/Disadvantages of Internal Service Delivery Some of the more commonly recognized advantages of an internal municipal department or office model include: ■ Full accountability of the economic development department or office through Council reporting, public meetings, annual and ongoing reviews, and the annual budgeting process. In this instance, the municipal department or office model could be argued to be the most democratic ■ Easier to tap into the network provided by well-connected councillors and the broader (regional or county -wide) understanding of economic development offered by the councillors. ■ Streamline administration through integration with council meetings, thereby eliminating board meetings and the associated administration ■ Incorporation of finances with city operations helps eliminate a separate set of audited books and administration. Review of Service Delivery Models (MDB Insight).docx Page 183 Page 2 ra ■ Increases the potential for collaboration between different municipal department and economic development staff. The department would also gain access to established municipal services, including human resources, finance, geographic information systems, Ex. Opportunity for greater involvement of communication and marketing coming out of the municipality. ■ Economic development strategies can be more aligned with other municipal strategic plans ■ The potential for a sustainable wage, benefits and pensions offered by municipal jobs can help attract highly -skilled economic development professionals Some of the more commonly recognized disadvantages of an internal municipal department or office model include: ■ Difficult to hire and leverage volunteerism, given it may cause problems with established employees and unions ■ Potentially weaker connection to industry relative to models that follow external service delivery ■ Public economic development departments are often much more limited in the scope of what they can undertake ■ Requirements for council approval for strategic partnerships or major investments can often slow down economic development through the council approval process. In this instance, and especially in highly competitive jurisdictions or industries, this longer lead time could be the difference, particularly in investment attraction efforts. External Service Delivery External service delivery is characterized by members of the private and public sectors coming together as directors of the board for a not -for -profit. A clear set of terms of reference defines roles and responsibilities in the decision -making process related to economic development. Most of the funding for external service delivery is generally from the municipality. Other funding can come from provincial or federal grants and fundraising through sponsorships, gala dinners, etc. There are four situations for which external service delivery may be considered appropriate: The service area is multi -jurisdictional (becoming more prevalent as the emphasis for regional cooperation and collaboration for economic development increases) 2. Scope of service delivery is intergovernmental 3. Flexibility in service delivery or organizational structure is required 4. Economic development functions benefit from arms' length delivery In Ontario, most external service delivery is completed by a development corporation or private/independent development organization Development Corporation Model The development corporation, also referred to as a municipal services corporation (MSC), is a "joint power" institution involving varying degrees of government, business and community representation and support within an incorporated body. Depending on the articles of incorporation, the economic Review of Service Delivery Models (MDB Insight).docx Page 184 Page 3 ra development corporation is usually represented by the mayor and council to ensure that the municipalities' interests are represented. Private/Independent Development Organization Model These organizations are sponsored by local/regional businesses and operate in economic development with permission or endorsement of local government (for example, through chambers of commerce, board of trade or other business associations). While some municipalities, particularly smaller communities, use the private development association model, it is generally regarded as rare in Ontario. Organizational Structure and Governance A board of directors often governs external organizations. Although, the composition of the board may differ depending on the community, members can include large or small business owners in various sectors, industry association representatives, and education, labour and municipal partners. Typically, staff members report to the corporation's board of directors through a general manager or CEO. The board of directors sets policy, and staff members are employees of the corporation. The number of staff in an external organization varies depending on the scope of services provided, which could overlap with tourism and running a visitor information center. Contract and seasonal employees can figure largely into some external organizations' overall staffing plan. An external organization is not under the direct control of the municipal council but is one step removed from the municipal administration. Advantages of External Service Delivery Some of the more commonly recognized advantages of the development corporation and private/independent development organization models include: ■ Service delivery can be more closely aligned with business and industry interests ■ Provides an opportunity for business leaders to become fully engaged and accountable through membership on the board or leading activities and initiatives ■ The board of directors allow for the presence of outside expertise (direct or with connections) and representation from a number of groups with diverse interests ■ Stakeholders in connection to the board of directors are more likely to get involved and assist. ■ The separation from municipal operations would likely indicate that the staff are focused on economic development activities and not balancing these priorities with other municipal priorities, which can occur in smaller internal municipal economic development departments. ■ Hours of work can be adjusted to match those of the private sector to improve access to information and resources ■ Speed and flexibility in the decision -making process Can operate with minimal bureaucracy, be more aggressive and take risks when it comes to business or marketing decisions. ■ Ability to apply for funding from sources that might not be available to a municipal department Advantages specifically for the development corporation model include: Review of Service Delivery Models (MDB Insight).docx Page 185 Page 4 ra ■ Shared ownership with the private and/or not -for -profit sector ■ The ability to engage in borrowing against a revenue stream (i.e. lease of land) ■ The ability of the corporation to engage in contracts with the private sector for development initiatives! Advantages specifically for the private/independent development organization model include: ■ This model involves the most involvement from the private sector from a funding perspective and could be the least costly for the municipal taxpayer as funding, could be privately generated. Some of the more commonly recognized disadvantages of the development corporation and private/independent development organization models include: lack of direct oversight by the council. This arms -length approach can sometimes be seen as undemocratic or unaccountable ■ Many of the typical regulations and transparency measures or policies that apply at the municipal level may not be in place for an external organization ■ Potential volatility of funding depending on its composition z Municipal Planning and Financial Tools for Economic Development - http://www.mah.gov.on.ca/AssetFactory.aspx?did=9175 Review of Service Delivery Models (MDB Insight).docx Page 186 Page 5 ra Five Case Studies of Economic Development Corporations' The following case study review provides a brief description of economic development organizations in five (5) communities across Ontario. The review aims to understand the role of the organization, governance structure, areas of strategic focus and economic development programming and services. The review also considers the budget requirements, sources of resources and report on financial partnerships. Also included are brief overviews of roles in investment readiness. The six comparable communities chosen for the review are: ■ Ajax ■ Kingston ■ London ■ Peterborough ■ Vaughan The case study communities share similar characteristics in terms of population growth, urban character, access to transportation infrastructure, current and targeted economic sectors, and the presence of post secondary (either local or regional). The following parameters were reviewed: Role of Business Model Programs and Services Governance Structure Performance Measurements Budget/Resource Requirements Source of Resources Innovation Ecosystem Presence of an MDC? (Y/N) Role in Investment Readiness The results of the high level review identified that the economic developments structures, both internal and external, have well-defined mandates, governance structures and programs and services. At a high- level, the five economic development structures overlap on seven economic development focus and strategy areas. The key areas are: Business Retention and Expansion — Similar to marketing, Business Retention and Expansion is a core focus area irrespective of internal and external organizations. While some communities focus on BR+E specifically for the target sectors, the mandate for others is overarching. London Economic Development Corporation (LEDC) has dedicated business retention staff resources who provide existing companies across industries with supply chain connections, assistance with exports and market diversification, assistance in accessing funding programs and regulatory assistance. Investment Attraction — External organizations engage in investment attraction as a core function of their economic development functions. This includes maintaining an inventory of Properties/Land, ensuring access to business parks and office/commercial spaces, providing site selection service and assisting in permits and approvals process. Internal organizations are also s Based on historical research conducted by MDB Insight with a high-level review of each community's economic development website on October 2021. This review provides general examples of internal and external service delivery and specific parameters may have changed. Review of Service Delivery Models (MDB Insight).docx Page 187 Page 6 ra involved in investment attraction to varying degrees. For example, Ajax Economic Development's investment attraction efforts are primarily as a facilitator rather than foreign direct investment activities. Durham Region, through Invest Durham, engages in lead generation, international trade missions and investment attraction efforts on behalf of the region and Ajax staff respond to site selection inquiries, convert investment leads and guide potential businesses through municipal and development processes. Branding, Marketing & Promotion — Both internal and external economic development corporations are invested in branding, marketing & promotion as part of their economic development functions. This includes the marketing of economic and community development opportunities and assets across the community to potential internal and external investors and traditional business retention and expansion or business/entrepreneurial support services. Support for Start-ups and Scale -up of Businesses — Almost all internal and external models have recognized the importance of growing the entrepreneurial economy and creating an enabling environment for start-ups and scale up of businesses. External and internal models have some form of small business support or advisory services. Workforce Development — Comparing external and internal models, workforce development appears a core function of external corporations (Kingston and London) while it is a facilitation role for internal models. Kingston's mandate includes developing workforce development portfolios to attract and retain people. It also focuses on youth entrepreneurship programs. City as a Land Developer — While all communities are involved in investment attraction to some degree including site selection and attracting FDI, municipalities each take a slightly different approach to land development. Ajax had historically developed business parks and are considering options to re-enter the development space in strategic areas of their downtown. The City of Vaughan has identified strategic lands for development in their hospital precinct and will be working with partners to see the lands developed and the targeting of complementary firms. The following matrix summarises Economic Development Focus and Strategy Areas of the five case study communities. Table 1: Matrix of Economic Development Focus and Strategy Areas Kingston London Peterborough Ajax Vaughan Investment Attraction ✓✓✓ ✓✓✓ ✓✓✓ ✓✓ ✓✓✓ Branding, Marketing & Promotion ✓✓✓ ✓✓✓ ✓✓✓ ✓✓✓ ✓✓✓ Business Retention and Expansion ✓✓✓ ✓✓✓ ✓✓✓ ✓✓✓ ✓✓✓ Review of Service Delivery Models (MDB Insight).docx Page 188 Page 7 ra Kingston London Peterborough Ajax Vaughan Support for Start-ups and scale up of businesses ✓✓✓ ✓ ✓✓✓ ✓✓ ✓✓✓ Innovation Ecosystem ✓✓ ✓ ✓✓ ✓✓✓ ✓✓ Workforce Development ✓✓✓ ✓✓✓ ✓✓ ✓✓ ✓✓ City as a Land Developer ✓✓ ✓✓ ✓✓ ✓✓ ✓✓ ✓✓✓= Core Function ✓✓=Facilitate ✓=Support Town of Ajax - Economic Development Office Role/Mandate Deliver economic development services on behalf of the Town. Work in partnership with Durham Region on initiatives of regional significance. Programs and Services Business Retention and Expansion (BRE) - Monitoring business trends and activities outside of the Town that could have an implication on Ajax's business community. The section is charged with the responsibility of connecting and promoting business expansion within Town and facilitating efforts to retain existing businesses. ■ Business Attraction - Business attraction is facilitated by Economic Development. The team is responsible for monitoring leads generated externally, and self -generating leads through target marketing of employment areas and available properties. ■ Marketing & Outreach- Marketing, promotion and outreach to create awareness of the Town's employment lands, business support services and tourism opportunities. The outreach responsibilities include connection to all levels of government, government associations and business support services on behalf of local businesses. ■ Corporate Real Estate Portfolio Management- Co-ordination and management of the Town's real estate portfolio. This includes the facilitation of all land transactions, including negotiations, and management of specific lease agreements, licensing, easement, encroachment and other real property matters Governance Structure ■ Internal municipal department under Planning and Development Department Performance ■ Non-residential permit value Measurements/Objectives ■ # of investment inquiries ■ # of jobs accommodated on employment lands ■ # of pre -consultation meetings ■ # of jobs created ■ Investment value ($) through priority development program Review of Service Delivery Models (MDB Insight).docx Page 189 Page 8 ra Parameters Description Budget/Resource ■ $528,100 (2020), 4 FTE Requirements Source of Resources ■ Tax supported operating budget Presence of an MDC? No (Y/N) Role in Investment The Town's real estate portfolio is under the jurisdiction of the EDO. EDO Readiness manages acquisitions and disposals but due to limited resources, acquisitions are primarily to accommodate public infrastructure works as opposed to land development/redevelopment and sale. Ajax relies on Durham Region for foreign direct investment lead generation and marketing but respond to site selection inquiries. Ajax Economic Development delivers the Priority Path program, an award winning initiative that provides expedited approvals to high value investments. City of Kingston — Economic Development Corporation Parameters Description Role/Mandate The Kingston Economic Development Corporation was established in 1998 as a not for profit agency. The Corporation was formed for more sustainable long- term economic growth. The goal of the corporations is: ■ Delivery of Business Support Services ■ Substantial and continuous investment in High Priority Growth Sectors that align with provincial and National economic priorities • Attraction of labour force meeting current and ongoing employment growth need and support next generation of entrepreneur led private companies Programs and Services The Corporation is responsible for the attraction of new business, the growth and retention of existing business and tourism opportunities. Programs funded by the City of Kingston include: ■ Workforce Development Portfolios — Attracting and retaking people to live work in Kingston ■ Attraction and Aftercare — maintain and strengthen existing and new relationships to position Kingston as a destination for foreign investment • Business and Growth & Retention — Support local business to become more competitive, grow revenue and stay within the community • Start-ups & Youth Entrepreneurship — Assisting with the development of future business leaders by providing programs and services for next generation Governance Structure The department is governed by a Board of Directors (14 members). The department has representation from the Business community and Municipal Council and senior staff. Review of Service Delivery Models (MDB Insight).docx Page 190 Page 9 ra Performance I Investment attraction and investment aftercare Measurements/Objectives Number of leads generated. ■ Number of leads resulting in new investment. ■ Number and value of new jobs created that can be attributed to direct EDO assistance with attraction, recruitment and / or retention. ■ Amount of new investment in the community through new build, lease, government grants; and ■ Total annual wages or salaries of new FTE jobs at client companies. Business retention and expansion and work with local businesses ■ Number of visitations to local businesses. ■ Level of business satisfaction with services provided (via annual survey); ■ Number of jobs created or retained through service; and ■ Total annual wages or salaries of retained FTE jobs at client companies. Support for small business and entrepreneurs ■ Number of inquiries received. ■ Number of consultations provided. ■ Number of new businesses started / registered, including youth entrepreneurship programming. ■ Number of new jobs created that can be attributed to direct EDO assistance. ■ Average salary of jobs created. ■ Number of business planning programs and seminars conducted and number of persons that attended; and ■ Funding opportunities leveraged. Support for workforce development, jobs, and skills -building ■ Number of businesses engaged for workforce planning consultations. • Workforce projections conducted and findings reported; and ■ Partnered events and activities. Support for knowledge industries, young workers, technology transfer from postsecondary institutions, and incubation/innovation enablement ■ Innovation ecosystem partnerships developed and maintained. ■ Youth entrepreneurship programming (e.g. Summer Company and Starter Company); and ■ Partnered events and activities. Budget/Resource The Kingston Economic Development Corporation received $1.46 million from the Requirements municipality in the 2021 annual budget' Source of Resources Three levels of government, the City of Kingston, provincial and federal investment and private sector suDDort/revenues. ' Kingston 2021Operating and Capital Budgets - https://www.cityofkingston.ca/docu ments/10180/38826078/Committee-of-the-Whole_Meeting-01-2021_Report- 21-049_2021-Operati ng-and-Capital-Budget. pdf/502964e0-b317-29d4-776a-1df6577c2238?t=1611847416693 Review of Service Delivery Models (MDB Insight).docx Page 191 Page 10 ra Parameters Description Innovation Ecosystem KEDCO has partnered with the Ontario MEDEI/MRI to create the KEDCO Small Business Development Centre (SBDC). The primary objective is to facilitate economic growth through the development and expansion of sustainable small businesses. Programs include Summer Company, Futurpreneur Canada, starter company and pilot business program for age 29+. The Centre is currently housed in Queen's University Innovation Park. ■ Launch Lab is a Regional Innovation Centre and member of the Ontario Network of Entrepreneurs, a provincially funded network of resources for entrepreneurs. The head office is in Kingston at Innovation Park. ■ Kingston's innovation ecosystem includes a): Queens Innovation Centre; partners include Innovation Kingston and Innovation Park (InnovationXL & GrindSpaceXL) b): Innovate Kingston; partners include the City of Kingston, Kingston Economic Development, Innovation Park at Queen's University and Launch Lab and c): Southeastern Ontario Angel Network (SOAN) Presence of an MDC? No (Y/N) Role in Investment Investment attraction and investment aftercare is one of the five focus areas of Readiness the EDO's economic development activities. Initiatives include strong brand and marketing program, up to date inventory and active promotion of available employment lands, targets for attracting new business and investment, liaison with Provincial and Federal government economic development agencies and ministries and provide or contract support and expertise for the attraction of new jobs and investment in high priority growth sectors. City of London — Economic Development Corporation Role/Mandate ■ Deliver economic development services on behalf of the City on a four-year purchase of services agreement. Programs and Services ■ Investment Attraction - Attracting new business and foreign direct investment to London ■ Business Retention and Expansion - Retaining existing business and assisting with local expansions ■ Advocacy - Advocating for improving the business environment in London ■ Workforce Development- Providing workforce development leadership to connect businesses with education institutes and employment sector agencies ■ Marketing - Marketing and promoting London for business opportunities in overseas markets ■ Economic Partnership - Establishing business support partnerships throughout the community ■ Advisory - Assisting the City of London in development of strategic plans such as industrial lands strategy and the Economic Road Map ■ The City of London also has a Small Business Centre which operates outside of LEDC but is a partner on a variety of initiatives and events Review of Service Delivery Models (MDB Insight).docx Page 192 Page 11 ra Governance Structure Municipal Agency governed by a 15 member board of directors including Mayor, City Manager, education and business leaders with LEDC President/CEO sitting as an ex-officio member. Performance The City's purchase of services agreement provides performance metrics for each Measurements/Objectives service: Investment Attraction ■ number of investment missions ■ number of regional investment promotion missions ■ number of attraction files ■ number of Foreign Direct Investment proposals ■ number of site selection tours Business Retention and Expansion ■ number of retention files ■ number of active retention and expansion files ■ number of jobs retained ■ number of active expansion files ■ number of companies worked with ■ number of referrals made ■ number of supports provided for start-ups and scale -ups ■ number of activities to support entrepreneurship growth d. Workforce Development ■ number of external job fairs ■ number of employer and job seeking consultations ■ number of workforce projects ■ number of seminars for SMEs • number of activities to support employers • number of employer meetings ■ number of agencies and institutions committed to developing a top quality workforce ■ number of activities to support connections of students to business ■ number of activities to support connections of employers to employment and other training agencies ■ number of activities to support connections of employers to newcomers Budget/Resource $2.3 million annually, 11 FTE Requirements Source of Resources Purchase of Service Agreement with the City of London Review of Service Delivery Models (MDB Insight).docx Page 193 Page 12 ra Description City of Peterborough — Peterborough & the Kawarthas Economic Development Parameters Description Role/Mandate Peterborough & the Kawarthas Economic Development (PKED) is the lead regional economic development agency for the City and County of Peterborough. The core economic development activities are focused on four key categories, namely, promote, start, grow and attract. Review of Service Delivery Models (MDB Insight).docx Page 194 Page 13 ra Parameters Description Programs and Services PIKED supports businesses through a variety of opportunities and challenges including expansion, relocation, start-ups, funding applications, and succession planning. ■ PIKED operates the Peterborough & the Kawarthas Business Advisory Centre, supporting local entrepreneurs as they start, grow, and attain businesses. ■ PIKED also operates the Peterborough & the Kawarthas Tourism, offering visitor services through the Visitor Centre and destination marketing services. ■ PIKED offers two entrepreneurship programs, namely, Starter Company Plus and Summer Company PIKED assists businesses with: ■ support in training and workforce development ■ identifying financing and funding opportunities ■ connecting to the local business support community and decision makers ■ navigating the planning process, zoning and regulatory environment ■ site selection and property identification ■ access to data and support in understanding local market research ■ advice on grant and application writing Governance Structure Governed by a Board of Directors made up of 12 key members of the region's business community, including the Chief Administrative Officers for both the City and County of Peterborough, as well as representatives from a variety of sectors including education, healthcare, manufacturing, tourism, innovation and agriculture. Review of Service Delivery Models (MDB Insight).docx Page 195 Page 14 ra Parameters Description Performance Promote Measurements/Objectives ■ Media results and analytics ■ # Stories for both PIKED and Clients (Earned) ■ Social Media Analytics ■ Creation of Marketing Plans for each Target Sector ■ Website Analytics Start ■ # Workshops Offered ■ # Attendees attending Workshops ■ # Hours consulting clients ■ # Businesses or Pre -businesses Assisted ■ # Businesses Started ■ #Jobs Created (Annually) ■ Business Survival Rate ■ Annual $ Value of funding obtained by entrepreneurs and start ups Grow ■ # Business visits completed ■ # Continuous Improvement & continuous learning workshops ■ # Attendees attending Workshops and Summits ■ # Local Ec Dev Committee meetings attended ■ # Businesses assisted ■ # Barriers to growth identified ■ # Referrals to other Business support agencies ■ # Referrals from other business support agencies ■ #Jobs Created (Annually) Attract • # Leads per sector generated ■ # Prospects identified ■ # Missions (inbound and outbound) ■ # Businesses landed ■ # New jobs created (Annually) • # Opportunities Lost • # New conferences and tournaments recruited • # Visitors Served (in person, mobile, on -line, live chat, phone) Budget/Resource 2019 budget $2.25 million. (The 2022 draft budgets includes $1.15 million coming Requirements from the municipality) PIKED Leadership Team (5), PIKED Business Development Team (5), Peterborough & the Kawarthas Tourism Team (3), Operations Team (2) and Marketing & Communications Team (2). Source of Resources Core funding (82% of 2019 provided by City of Peterborough and County of Peterborough). Other sources of funding include Federal, Provincial and Private sector. Core funding was 2% higher than 2018 funding. 5 2022 Budget for the Peterborough and the Kawarthas Economic Development - https://pub- peterborough.escribemeetings.com/filestream.ashx?Documentld=30199 Review of Service Delivery Models (MDB Insight).docx Page 196 Page 15 ra Parameters Description Innovation Ecosystem PKED operates Peterborough & the Kawarthas Business Advisory Centre, Peterborough & the Kawarthas Tourism and entrepreneurship programs, namely, Starter Company Plus and Summer Company. The innovation ecosystem also includes Innovation Cluster. Peterborough & the Kawarthas Economic Development is a community partner. The Innovation Cluster supports entrepreneurs in the formation and growth of their technology - driven companies. Key sectors are cleantech, Ag-tech, healthcare and digital. The Innovation Cluster operates The Cube, Peterborough's two full service business incubators located at Trent University and in downtown Peterborough. It also works with Fleming College's Centre for Advancement of Water and Wastewater Technologies (CAWT), and recently launched the Trent Makerspace located at Trent University, a world -class lab facility for clean -tech companies to produce, test and commercialize IP based biotechnology products. Services for entrepreneurs include: ■ Business Idea Validation ■ Intellectual Property Protection ■ Access to Funding ■ Business Planning ■ Marketing & Sales Strategies ■ Financial Management Cleantech Commons, a university -linked Research and Technology Park generates, attracts and retains science -based technology companies and talent that is aligned with our associated research institutions, including universities and public, private and federal research facilities. It enables the flow of ideas between innovation generators —such as universities, colleges, federal labs, and non-profit R&D institutions. Presence of an MDC? No (Y/N) Role in Investment PKED assists businesses in site selection service, property identification and Readiness navigating the planning process, zoning and regulatory environment. PKED works with partners including municipal governments, planners and real estate developers to assist businesses in site selection. In addition, PKED works with industry partners to help existing businesses access new markets by providing market insights and small business assistance including small business services, training and access to funding. City of Vaughan — Economic and Cultural Development Department Role/Mandate The department of Economic and Cultural Development strives to make Vaughan an inspired community through entrepreneurship, business and cultural development and strategic partnerships. The mandate is to: ■ facilitate entrepreneurship, employment and investment opportunities. ■ develop and promote creative art and cultural experiences that convey Vaughan's identity and economic vitality. • engage thought -leaders to generate insightful ideas, strategies and actions that drive economic, cultural and partnership investments. • deliver a valuable and relevant customer experience. Review of Service Delivery Models (MDB Insight).docx Page 197 Page 16 ra Parameters Description Programs and Services Business development: Assist businesses that are looking to achieve their growth and expansion goals. This area focuses on employment and investment outcomes to help businesses be a part of Vaughan and York Region's economies. • Small business and entrepreneurship guidance: Help budding entrepreneurs, small- and medium-sized enterprises and inventors grow and thrive in a global marketplace. • Creative and cultural development: Foster art and cultural experiences that are fun, memorable and enriching while helping to grow the creative economy, the community and the cultural spaces in Vaughan. Creative and cultural development aims to further promote Vaughan's identity as a City of Choice. • Partnerships and sponsorship: Enhance City programs, services and infrastructure by generating strategic non -tax revenue. This is achieved by leveraging City assets for sponsorship, advertising opportunities and grant funding. Governance Structure Under the leadership of Interim City Manager (previous Chief Corporate Initiatives and Intergovernmental Relations), in May 2018, a refreshed Economic and Cultural Development organizational structure, mission and mandate was approved. Over the past year, staff of the Economic and Cultural Development department have been building a future -ready foundation focused on talent (people), strategy, process and collaborative communication approaches and tools. Performance Enhancing the Entrepreneurial and Innovation Ecosystem Measurements/Objectives ■ Annual attendance at entrepreneurial related events and programs ■ The number of new start-up companies per capita ■ Annual number and dollar value of venture capital and angel investment deals Growing the Tourism and Creative Economy in Vaughan • Number and value of new placemaking and place branding projects over five years ■ Annual percentage growth of the population aged 25-34 ■ Tourism and creative industries' growth over five years Focusing International Business Development ■ The number of foreign -based business openings by industry sector, investment value • The number of inbound and outbound trade and investment missions and the number of Vaughan businesses participating in those missions • Number of employees of foreign- headquartered firms Supporting Commercial and Experiential Development in the Vaughan Metropolitan Centre ■ Annual growth of private capital investment in the VMC • The annual number of events taking place in the VMC • Number of new placemaking projects in the VMC over five years Budget/Resource Net Operating Budget $2 million in 2020. 14.7 FTE's in 2010. Increase from 12.7 Requirements FTE's in 2018. These roles are required to lead the completion and implementation of the Performing and Cultural Art Centre Feasibility Study, as well as address the growing demand for additional arts and cultural support and programming, including community -based heritage cultural events. Source of Resources Tax -Supported Operating Budget Review of Service Delivery Models (MDB Insight).docx Page 198 Page 17 ra Parameters Description Innovation Ecosystem The City of Vaughan's Economic and Cultural Development offers support for local businesses and entrepreneurs at all stages. Within the department, the Vaughan Business Enterprise Centre (VBEC) provides one -stop services for Vaughan's aspiring entrepreneurs and existing business owners. Programs offered by the Centre include Activate! Vaughan pitch competition, focused on solutions which advance a technology -enabled healthcare system, Vaughan Starter Company Plus program and Summer Company. Vaughan's innovation ecosystem includes: ■ Civic Centre Resource Library ■ HELIX program - Seneca College ■ Launch YU ■ NewMakeit ■ UBI Global ■ ventureLAB Presence of an MDC? No (Y/N) Role in Investment Vaughan has one of the largest supplies of greenfield employment lands in the Readiness GTA. The Vaughan Enterprise Zone (VEZ) is located in the western quadrant of the city encompasses an area of more than 1,120 hectares (2,767 acres). In addition, the City has acquired land located in the northwest quadrant of Major Mackenzie Drive and Jane Street to create an urban healthcare Precinct which will be overseen by the Economic and Cultural Development Department. Other investment readiness initiatives include on -site business visitation program, business expansion and location assistance, access to in -market research and intelligence and export development support. Review of Service Delivery Models (MDB Insight).docx Page 199 Page 18 Attachment 3 to Report CAO-012-21 Clarington Board of Trade and Office of Economic Development November 30, 2021 Angelo Lyall President Mayor Foster and Members of Council 40 Temperance St, Kirk Kemp Bowmanville, ON Vice -President Gord Wallace Re: In response to the request from Clarington Council to obtain two board seats on the Treasurer Clarington Board of Trade (CBOT), please consider the following our response: Kirsten Hutka Secretary Mayor Foster Ben Earle Thank you for communicating your desire to improve communication and governance of Director at Large Clarington's economic development contract and initiatives. The Clarington Board of Trade Brad Phillips shares your interest in pursuing efficient and impactful collaboration between our Director at Large organizations and we recognize the Municipality's position of accountability for economic development to your stakeholders, many of which we share. John Fledderus Director at Large CBOT has worked with Clarington Council since the inception of our organization over 20- years ago and have provided the municipality a variety of economic development services Lindsay Coolidge through a series of multi -year contracts. Director at Large Michael Chester We would like to clarify that much of the CBOT Board of Directors' work is focused on the Director at Large operations and organizational governance of the corporation. An additional advantage of industry insight to programming for both an Economic Development Attraction and Paul Halliday Business Retention lens is realized with a broad range of skills and business experience. The Director of Large duties of our directors must be carried out without conflict of interest so that we can maintain integrity and independence in our actions on behalf of Clarington's business community and our other stakeholder groups. Any change to add directors to our Board would require an adjustment to our By -Laws. This would need to be presented to, and ratified by our membership, at an all members meeting following due process for review and notice to the membership. We do share your goal of bringing the organizations together to achieve the best possible outcomes from our economic development initiatives. We want to be abundantly clear; we believe in capturing the input and voice of members of Council. We also know that a closer relationship can help to prevent duplication and other inefficiencies in the execution of work. Importantly, we absolutely do recognize and respect that the economic development contract is an agreement to perform important work as defined by the values and needs outlined by the Municipality. The Municipality is our collaborative partner and our customer, and we take that seriously. We believe in being accountable to the Municipality, and delivering the value as outlined in the economic development contract. It remains our goal to meet or exceed expectations and we are extremely well -positioned to do so. 54 King St. East, Unit 102, Bowmanville, ON 10�0(Jd905J 623-3106 •info@cbot.ca • www.cbot.ca JAClarington Board of Trade and Office of Economic Development We believe that the outcomes that lay at the root of the request for board representation can be achieved by implementing a joint Economic Development committee. This committee would be combined with those executing economic development within both organizations with each taking the lead on their respective hemispheres of work and supporting one another to ensure that businesses in Clarington get the most value. This will include a collaboratively developed annual BR+E business plan to be presented to Council for input and approval. There is also an increased cadence of reporting to council and KPIs that will be agreed to once the economic development strategy is finalized. The architecture of this committee and its membership would include invitation to Council in a way that is fair and confers no advantages or perceived advantages to one over the other. We recognize the importance of this factor for you and are happy to discuss ways to ensure it is adequately considered. The Clarington Board of Trade shares your urgency for improvement, accountability, and positive economic development outcomes. We know that with a joint economic development committee focused clarity of roles, efficiency in execution and strong communication, we can achieve the outcome you are looking for in your initial request for board seats. Again, we absolutely share your goal of delivering the most value under the Economic Development contract. Please accept this letter as our offer to grow closer and strengthen our efforts to work together through the use of a joint committee dedicated to economic development. This path forward would help ensure the voice of Council is heard and that both organizations maintain their independence to govern without violating any policies or bylaws. Thank you for expressing interest in collaborating more closely and striving for the best possible outcomes for the community. We look forward to continuing our longstanding and successful relationship. Please feel welcome to reach out with any questions and to begin taking steps to implementing a committee as described above. 54 King St. East, Unit 102, Bowmanville, ON L+% 32-0�905) 623-3106 • info@cbot.ca • www.cbot.ca Clarington Board of Trade and Office of Economic Development December 3, 2021 Angelo Lyall President Mayor Foster and Members of Council Kirk Kemp 40 Temperance St. Vice -President Bowmanville, ON Gord Wallace Treasurer On behalf of the Board of Directors of the Clarington Board of Trade, I am attaching this letter to Kirsten Hutka show our support for report CAO-12-21. Secretary Over the past 20 years the partnership between the Clarington Board of Trade and the Ben Earle Municipality of Clarington has been highly successful in attracting, on boarding and supporting Director at Large more businesses than ever before. With success comes the necessity to ensure that we have the Brad Phillips structure and resources in place to not only maintain but enhance the level of service for Director at Large economic development and existing business growth for years to come. John Fledderus We believe the recommendations in this report provide a strong start in exploring how the Director at Large Municipality can take a more active role in new business attraction, while the Board of Trade focuses more on new business on -boarding and existing business support. Lindsay Coolidge Director at Large The Clarington Board of Trade is excited about the opportunities this restructuring will bring, as Michael Chester it will enable Board of Trade staff to spend more time focusing and responding to the needs of Director at Large business taking place in our community. It will also enable us to explore new and innovative Paul Halliday ways to support our business community and help encourage new partnerships and Director at Large opportunities amongst our businesses locally and beyond. We are excited about the potential that this new chapter brings, especially as we begin to move beyond the pandemic. In the weeks and months ahead, the Clarington Board of Trade will work diligently to recognize opportunities, mobilize and help drive success in our business community. We look forward to moving to the next step in these discussions and working in collaboration with the Municipality to continue to build a strong business community and economy for Clarington. Sincerely, Angelo Lyall, President Clarington Board of Trade 54 King St. East, Unit 102, Bowmanville, ON LNd@I0905) 623-3106 •info@cbot.ca • www.cbot.ca If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2021-081 Being a By-law to license and regulate additional dwelling units in the Municipality of Clarington. WHEREAS Subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Act"), provides that the Municipality may pass by-laws for the health, safety and well-being of Persons; AND WHEREAS Subsection 8(3) of the Act authorizes the Municipality to enact a by- law that provides for a system of licences in respect of a matter; AND WHEREAS Section 151 of the Act provides that the Municipality may provide for a system of licences with respect to a business, or to any activity, matter or thing; AND WHEREAS the Council of The Corporation of the Municipality of Clarington has determined that it is appropriate and desirable to license Additional Dwelling Units for the purpose of ensuring the health, safety and well-being of Persons; NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: DEFINITIONS In this by-law, "Additional Dwelling Unit" means a self-contained dwelling unit located within a permitted residential dwelling or an accessory building secondary to the principal residential building on the same lot; "Director" means the Director of Planning and Development Services or his/her designate; "Enforcement Officer" means a Provincial Offences Officer as defined under the Provincial Offences Act, R.S.O. 1990, c. P.33; "Municipality" means The Corporation of the Municipality of Clarington, or its geographical area as the context requires; "Owner" means the registered owner of the property on which an Additional Dwelling Unit is situated; "Person" means an individual or a corporation, and "Persons" has a corresponding meaning; Page 203 "Registration" means a registration approved under this By-law; "Registrant" means an Owner in possession of a Registration approved in accordance with this By-law; APPLICATION OF BY-LAW 2. The provisions of this By-law apply to every Owner within the Municipality. PROHIBITIONS 3. Every Owner shall obtain a Registration for an Additional Dwelling Unit in accordance with this By-law. REGISTRATION 4. Every application for a Registration shall be completed and submitted in the form established by the Director and shall be accompanied by the application fee established by the Municipality. 5. The Director shall approve a Registration for an Owner provided that the Additional Dwelling Unit meets the following conditions: (a) compliance with the current zoning by-laws of the Municipality; (b) compliance with the Ontario Fire Code where applicable; and (c) compliance with the Ontario Building Code where applicable. 6. A Registration is valid from the date of issuance until cancelled or revoked. 7. The Director may cancel or revoke a Registration if it was issued in error, based on false information, if the Registrant fails to comply with any provision of this By- law, or if the Additional Dwelling Unit is no longer in existence. ENFORCEMENT 8. Where any Person contravenes any provision of this By-law, an Enforcement Officer may direct such Person to comply with this By-law. Every Person so directed shall comply with such direction without delay. Page 204 POWERS OF ENTRY 9. An Enforcement Officer, whether alone or accompanied by an individual possessing special or expert knowledge or skills, may enter on land that is occupied by a Person who requires a Registration under this By-law at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. 10. For the purposes of an inspection under this By-law, an Enforcement Officer may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 11. In addition to any other provision of this By-law, and subject to the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of the peace may issue an order authorizing the Municipality to enter on land, including a room or place actually being used as a dwelling, for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (d) this By-law; (e) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (f) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. Page 205 OBSTRUCTION 12. No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Enforcement Officer from lawfully carrying out a power, duty or direction under this By-law. OFFENCES 13. Every Person, other than a corporation who contravenes any provision of this By- law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $10,000 for a first offence; and not more than $25,000 for any subsequent conviction. 14. Every corporation which contravenes any provision of this By-law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $50,000 for a first offence, and not more than $100,000 for any subsequent conviction. 15. Without limiting any other section of this By-law, every Person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33. 16. If any Person is in contravention of any provision of this By-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected. 17. Where any Person contravenes any provision of this By-law, such Person shall be responsible for all costs incurred by the Municipality directly related to the contravention. SEVERABILITY 18. If any section or sections of this By-law, or parts thereof are found by any court of competent jurisdiction to be illegal or beyond the power of the Municipal Council to enact, such section or sections or parts thereof shall be deemed to be severable from this By-law and all remaining sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be properly enacted and to be of full force and effect. CONFLICT 19. In the event of a conflict between any provision of this By-law and any applicable Act or regulation, the provision that is the most restrictive prevails. Page 206 SCHEDULES 20. The following Schedules are attached to and form an integral part of this By-law: • Schedule "A" — Set Fines EFFECTIVE DATE 21. This By-law shall come into force and take effect on the date it is enacted. 22. By-law 97-77, as amended, is repealed on the date this By-law comes into force and effect. SHORT TITLE 23. This by-law may be referred to as the "Additional Dwelling Unit Registration By- law". Passed in Open Council this XX day of XXXX, 2021. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 207 Schedule "A" MUNICIPALITY OF CLARINGTON PART I Provincial Offences Act By-law #2021-OXX: Additional Dwelling Unit Registration By-law ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision creating Set Fine or defining offence 1 Fail to obtain Registration for Additional s. 3 $250.00 Dwelling Unit 2 Fail to comply with an order s. 8 $250.00 3 Hinder/obstruct or attempt to s. 12 $250.00 hinder/obstruct "NOTE: The penalty provision for the offences indicated above is section 15 of by-law no. 2021-OXX, a certified copy of which has been filed". Page 208 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2021-082 Being a By-law to amend By-law 84-63 and By-law 2005-109. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63 and By-law 2005-105 for ZBA2021-0011. Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows (*note: Bold text represents an addition to the text and text with a strike+hre ,nh represents deleted text): 1. By-law 84-63 is amended as set out in Sections 3 through 11 of this By-law. 2. By-law 2005-109 is amended as set out in Sections 12 through 16 of this By-law. 3. Section 2 — Definitions is amended, as follows: a) By deleting the definition "Apartment -In -House". b) By adding the following definition: "Additional Dwelling Unit A self-contained dwelling unit located within a permitted residential dwelling or an accessory building secondary to the principal residential building on the same lot." c) By deleting the definition "Garden Suite" and replacing it as follows: "Garden Suite A self-contained temporary dwelling unit designed to be portable and is clearly secondary to the principal residential dwelling unit on the same lot." 4. By deleting Section 3.2 and replacing it as follows: "3.2 Additional Dwelling Units a. Additional dwelling units are permitted within any legally permitted single detached, semi-detached or townhouse dwelling and within Page 209 an accessory building on the same lot, for a maximum total of three dwelling units on a lot. b. Notwithstanding 3.2 a., additional dwelling units are not permitted within the Environmental Protection Zone. c. Notwithstanding 3.2 a., additional dwelling units are only permitted within single detached dwellings or accessory buildings that existed on (or where building permits were issued prior to) July 1, 2017 for lands within the Protected Countryside within the Greenbelt Plan. d. Where an additional dwelling unit is located within a principal residential building, the floor area of the additional dwelling unit must be less than the floor area of the principal dwelling unit. e. Within Urban Residential Zones and Mixed Use Zones, entrances for an additional dwelling unit within the principal residential building may be through a common door in the front building fagade. Additional, separate entrances for either the additional dwelling unit or the principal dwelling must be accessed via the rear or side yard. f. Where an additional dwelling unit is located within an accessory building: i) The floor area of the additional dwelling unit must be less than the floor area of the principal residential building. ii) Notwithstanding Section 3.1 c., the accessory building must: a) Conform to the zone's front yard and exterior side yard setback requirements for residential uses; b) Have a minimum rear yard and interior side yard setback of 1.8 metres; c) Not exceed, whichever is less: i) lot coverage of 10% for the additional dwelling unit, or ii) the zone regulation's lot coverage maximum; and d) Have a maximum height of 6.5 metres within the Agricultural Zone and Rural Residential Zones, and 5.25 metres within Urban Residential Zones. g. Additional dwelling units must be registered with the Municipality. h. A home occupation is permitted within an additional dwelling unit, subject to Section 3.11 B." 5. The Parking Space Requirement Table within Section 3.16 is amended as follows: Parking Space Requirement Table Type or nature of use Minimum off street parking requirement (v) 1 parking space for each additional a) ApartmeRt on_house Additional dwelling unit or garden suite. dwelling unit or Garden Suite Page 210 b) Apartment_In_house Additional Nil dwelling unit in existence prior to November 16, 1995 6. Section 6.4.85 Agricultural Exception (A-85) Zone and Section 6.4.93 Agricultural Exception (A-93) Zone are deleted. 7. Section 12.2.1 f. iv) and Section 13.4.87 n. are deleted. 8. Section 16.5.37 a. ii) is deleted and replaced as follows: "One single detached residential dwelling provided that no additional dwelling unit is contained therein." 9. Schedule `1' is amended by changing the zone from "Agricultural Exception (A-85) Zone" to "Agricultural Exception (A-1) Zone" as illustrated on the attached Schedule `A-l' hereto. 10. Schedule `2' is amended, by changing the zone from "Agricultural Exception (A-93) Zone" to "Agricultural Exception (A-1) Zone" as illustrated on the attached Schedule `A-2' hereto. 11.Schedule `A' attached hereto shall form part of this By-law. 12.The Table of Contents is amended by deleting the term "In -House Apartment Dwellings" and replacing it with "Additional Dwelling Units". 13. Section 3 — Definitions is amended as follows: a) By deleting the definition "In -House Apartment Dwelling". b) By adding the following definition: "Additional Dwelling Unit A self-contained dwelling unit within a permitted single detached dwelling." c) By deleting the definition "Garden Suite" and replacing it as follows: "Garden Suite A temporary dwelling unit designed to be portable and accessory to a single detached dwelling on the same lot." 14. By replacing Section 5.6.5 as follows: "5.6.5 In the case of an additional dwellingg unit, apartment dwelling or a townhouse dwelling, a home occupation shall be restricted to a business or administrative office which does not require the delivery or pick-up of goods, does not have clients coming to the dwelling, and does not have employees who reside on a different lot." Page 211 15. By deleting Section 5.7 and replacing it as follows: "5.7 Additional Dwelling Units 5.7.1 One additional dwellingg unit is permitted on a lot in a single detached dwelling within the "Rural Settlement One (RS1)" and "Prime Agricultural (A)" zones. 5.7.2 The floor area of an additional dwelling unit must be less than the floor area of the principal dwelling unit. 5.7.3 Additional dwelling units must be registered with the Municipality. 5.7.4 One parking space shall be provided for each additional dwelling unit. A parking space is not required for an additional dwellin__q unit established prior to November 16, 1995." 16. Section 6.2.2 is amended as follows: TABLE 6-2 REGULATIONS — NUMBER OF PARKING SPACES Type of Use Number of Parking Spaces Residential ►n_House /1 no egep Additional dwelling unit Section 5.7 17. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 24.2 of the Planning Act. Passed in Open Council this 22nd day of November, 2021. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 212 This is Schedule "A-1" to By-law 2021- 082, passed this 22'dday of November 2021 A.D. a a �W �U, W ❑ 0, Q�a; o: m� a J CONCESSION ROAD 3 Zoning Change From 'A-85'To'A-1' N Darlington • ZBA 2021-0011 • Schedule A-1 Page 213 This is Schedule "A-2" to By-law 2021- 082, passed this 22n�Iay of Novembgr2021 A.D. CONCESSION ROADS CO to ° a a O Q J a W Z IY 0 W Zoning Change From 'A-93' To 'A-1' /V Clarke • ZBA2021-0011 • ScheduleA-2 Page 214 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2021-086 Being a By-law to adopt Amendment No. 129 to the Clarington Official Plan Whereas Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; And Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to increase permissions for Additional Dwelling Units throughout the Municipality of Clarington; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 129 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect on the date of the passing hereof. Passed in Open Council this 22nd day of November, 2021. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 215 Amendment Number 129 To The Municipality of Clarington Official Plan Purpose: The purpose of this amendment is to implement the changes to policies 16 (3) regarding Additional Residential Units in the Planning Act resulting from Bill 108 — the More Homes, More Choice Act, 2019, and ensure the Clarington Official Plan remains in conformity with Provincial goals. Basis: This amendment is based on Section 16 (3) regarding Additional Residential Units and Section 39.1 regarding Garden Suites in the Planning Act, and the standards outlined in Ontario Regulation 299/19 (Additional Residential Units), Ontario Regulation 384/94 (Apartments in Houses), Ontario Regulation 140/02 (Oak Ridges Moraine Conservation Plan), the Greenbelt Plan, and other Provincial policies and regulations. Actual Amendment: The Clarington Official Plan is hereby amended as follows: (*Note: Bold text represents an addition and text with a strikethrou h represents deleted text.) The subheading `Accessory Apartments' and policies 6.3.5 and 6.3.6 are deleted in their entirety and replaced with the following: "Additional Dwelling Units 6.3.5 One additional dwelling unit is permitted on a lot within a single detached, semi-detached, or townhouse dwelling. One additional dwelling unit is permitted within a detached accessory building on the same lot. 6.3.6 Notwithstanding 6.3.5, within the Oak Ridges Moraine, as shown on Map A of this Plan: a) Within the Natural Core Area and Natural Linkage Area designations, additional dwelling units are not permitted; and b) Within the Prime Agricultural Area, Rural, and Hamlet designations, a maximum of one additional dwelling unit is permitted on a lot and only within a single detached dwelling." 2. Existing section 6.3 is amended by adding new policies 6.3.7 to 6.3.10 as follows and all subsequent existing policies are renumbered accordingly: "6.3.7 Notwithstanding 6.3.5, within the Protected Page 216 Countryside of the Greenbelt Plan, one additional dwelling unit is only permitted within either a single detached dwelling or an accessory buildings that existed on (or building permits were issued prior to) July 1, 2017. 6.3.8 Additional dwelling units shall: a) be registered with the Municipality; and b) be compatible with adjacent uses. 6.3.9 Where an additional dwelling unit is within an accessory building, the accessory building must be secondary in size and scale to the principal residential building. 6.3.10 An accessory building containing an additional dwelling unit may not be severed from the lot accommodating the principal residential building. In no case shall an additional dwelling unit be considered a residence surplus to a farm operation." 3. The cross reference in renumbered policy 6.3.11 is renumbered to reference 6.3.12. 4. Renumbered policy 6.3.12 is amended as follows: "6.3.12 6.3.9 In applying for a temporary use by-law for a garden suite, the applicant shall demonstrate that: a) There is for the garden to provide ^� supervised aGGE)mmedation Or Gare for amelderly, of k er disabled nercen• e 4) a) The site is adequate for the garden suite with regard to lot size, setbacks, layout and private amenity areas; c) b) The proposal is compatible with adjacent uses considering such matters as privacy, noise and appearance; and d) There adequate eR site parkk2ig- e) There adequate .ater supply and sewage dispe. oT seniir+ 4 0 f) c) There is no Gc-e semi pa menf other accessory building on the lot containing an additional dwelling unit." 5. The remaining policies in section 6.3 are renumbered accordingly. 6. Policy 12.3.8 is deleted in its entirety. Page 217 7. Policy 23.19.1 i. is deleted in its entirety and all subsequent policies are renumbered accordingly. 8. Section 24.2 Definitions, policy 24.2.1 is amended by deleting the term "Accessory Apartment" and its definition. 9. Section 24.2 Definitions, policy 24.2.1 is amended as follows: "Additional Dwelling Unit: a self-contained dwelling unit located within a permitted residential dwelling or a permitted accessory building and secondary to the principal dwelling on the same lot." 10. Section 24.2 Definitions, policy 24.2.1 is amended as follows: "Garden Suite: a self-contained, portable temporary dwelling unit leGated in a side „r roar yard of aR exi StiRg residential property designed to be portable and is secondary to the principal dwelling unit on the same lot." Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. File number: COPA2021-0003 Page 218