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HomeMy WebLinkAbout12-5-2022 Agenda Planning and Development Committee Agenda Date:December 5, 2022 Time:6:30 p.m. Location:Council Members (in Chambers or MS Teams) | Members of the Public (MS Teams) Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Lindsey Patenaude, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at lpatenaude@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio/Video Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public 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 The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to an item will appear with a * beside them. Pages 1.Call to Order 2.Land Acknowledgment Statement 3.Declaration of Interest 4.Announcements 5.Public Meetings 5.1 Public Meeting to Seek Public Comments on a Request for Community Infrastructure and Housing Accelerator Order 4 Location: 200 Baseline Road West, Bowmanville Planner: Sarah Parish, Planner II 5.1.1 PDS-058-22 200 Baseline Road West – Request for Community Infrastructure and Housing Accelerator Order 6 5.2 Public Meeting for a Proposed Plan of Subdivision and Zoning By-law Amendment 19 Location: 2149 Courtice Road, Courtice Applicant: Minto Communities Inc. Planner: Tracey Webster, Principal Planner, Development Review 5.2.1 PDS-055-22 Draft Plan of Subdivision and Zoning By-law Amendment for 2149 Courtice Road, Courtice 21 5.3 Public Meeting for a Proposed Plan of Subdivision and Zoning By-law Amendment 36 Location: 4442 and 4430 Hill Street, Newtonville Applicant: D.G. Biddle and Associates Ltd. on Behalf of Whitepine Contractors Ltd. Planner: Nicole Zambri, Senior Planner, Development Review 5.3.1 PDS-056-22 Proposal for a 25-Unit Plan of Subdivision in Newtonville 38 Planning and Development Committee December 5, 2022 Page 2 5.4 Public Meeting for a Proposed Plan of Subdivision and Zoning By-law Amendment 54 Location: 922 Green Road, Bowmanville Applicant: D.G. Biddle and Associates on Behalf of 1494339 Ontario Ltd. Planner: Nicole Zambri, Senior Planner, Development Review 5.4.1 PDS-057-22 Draft Plan of Subdivision and Rezoning for 69 Residential Units in Bowmanville 56 6.Presentations/Delegations (10 minute time limit) 7.Reports/Correspondence Related to Presentations/Delegations 8.Communications 9.Staff Reports and Staff Memos 10.New Business - Consideration 11.Unfinished Business 12.Questions to Department Heads/Request for Staff Report(s) 13.Confidential Items 14.Adjournment Planning and Development Committee December 5, 2022 Page 3 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Request for Community Infrastructure and Housing Accelerator Order The Municipality, in partnership with Habitat for Humanity and Durham Region Non-Profit Housing Corporation, is seeking public comments on a request for a ministerial order from the Provincial Minister of Municipal Affairs and Housing to permit an 84-unit non-profit residential development that will bring affordable housing to our community. What is a Community Infrastructure and Housing Accelerator order? The Planning Act provides the Minister with the authority to expedite zoning upon the request of a Municipality under the “community infrastructure and housing accelerator”. The order can be used to regulate the use of land and the location, height, size and spacing of buildings and structures to permit this type of project. Proposed Development The Community Infrastructure and Housing Accelerator order would permit a three-storey apartment building with 52 units and 4 three-storey stacked townhouses with 32 units, for a total of 84 units. The subject site is at 200 Baseline Road West, which is located at the intersection of Baseline Road West and Spry Avenue in Bowmanville. 200 Baseline Road West, Bowmanville Page 4 Page 2 | 2 Public Meeting Information A non-statutory Public Meeting has been scheduled before Council decides whether or not to pass a resolution requesting the ministerial order. You may request to be added to the interested party list to receive updates regarding this project. Public Meeting Date: December 5, 2022 Time: 6:30 p.m. How to Attend the Meeting You may provide comments at the Public Meeting either in person, by Microsoft Teams, or by telephone. In Person: (no need to pre- register) Council Chambers Municipal Administrative Centre 40 Temperance Street. Bowmanville, ON L1C 3A6 Virtually: (need to pre-register) To participate electronically, please pre-register by completing the online form at http://www.clarington.net/delegations or contact the Clerk’s Division at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, December 2, 2022, at 3:30 p.m. A link and telephone number will be provided to you once registered. This meeting will also be live streamed for public viewing at https://www.clarington.net/en/town-hall/council-meeting-calendar.aspx You can also submit written comments on the proposed request to Sarah Parish at sparish@clarington.net or by mail to 40 Temperance Street, Bowmanville, ON L1C 3A6 prior to the date of the public meeting. File Number: 010-040-03910, S-C-2005-005, and ZBA2005-051 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Division at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats for this document or other accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Carlos Salazar, MCIP, RPP Director of Planning and Infrastructure Services Page 5 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 5, 2022 Report Number: PDS-058-22 Submitted By: Carlos Salazar, Director of Planning and Development Services Reviewed By: Mary-Anne Dempster, CAO File Number: PL 1817-020-040-03700 Resolution#: Report Subject: 200 Baseline Road West – Request for Community Infrastructure and Housing Accelerator order Recommendations: 1. That Report PDS-058-22 and any related communication items, be received for information only; 2. That Council support a request to the Province for a Community Infrastructure and Housing Accelerator (CIHA) order at 200 Baseline Road West in Bowmanville for the provision of non-profit housing; 3. That Council support a CIHA request for relief from the Zoning By-law (Attachment 1) for the purpose of expediting the development of non -profit housing; 4. That comments received at the public meeting be incorporated as part of the Site Plan review process as considered appropriate by the Director of Planning and Infrastructure Services. 5. That Council only consider requests for ministerial orders that support affordable and non-profit housing as well as job creation projects. 6. That Council add the Community Infrastructure and Housing Accelerator (CIHA) to the Municipality’s Affordable Housing toolkit for non-profit housing. 7. That the Durham Regional Planning and Economic Development Department and the Ministry of Municipal Affairs and Housing be forwarded a copy of Report PDS - 058-22 and Council’s decision; and 8. That all interested parties listed in Report PDS-058-22 and any delegations be advised of Council’s decision. Page 6 Municipality of Clarington Page 2 Report PDS-058-22 Report Overview The Municipality, in partnership with Habitat for Humanity and Durham Region Non-Profit Housing Corporation, are seeking a request for a ministerial order (Community Infrastructure and Housing Accelerator) from the Provincial Minister of Municipal Affairs and Housing to permit an 84-unit non-profit residential development at 200 Baseline Road West in Bowmanville to bring affordable non-profit housing to Clarington. 1. Context and History Behind Current Request Site History 1.1 The subject site, which is 1.34 hectares (3.31 acres) was originally purchased by the Municipality in 1989 to construct a new firehall (Figure 1). In 1997 the lands were declared as Municipal surplus lands. Then, in late 2004, Council authorized the Chief Administrative Officer to make an application for draft plan of subdivision and rezoning of the property. Figure 1: Subject Site Page 7 Municipality of Clarington Page 3 Report PDS-058-22 1.2 In 2005, the Municipality initiated both draft plan of subdivision and rezoning applications (S-C-2005-005, and ZBA2005-051) on the subject property. Draft approval was issued and has been extended on the property since 2008. The existing 19 lot Draft Plan of Subdivision layout is similar to the development to the west along John Scott Avenue, it also includes a cul-de-sac adjacent to Baseline Road. In the draft plan access to the site is from the extension of John Scott Avenue. 1.3 To facilitate the development of the lands, the Central Lake Ontario Conservation Authority (CLOCA) approved a permit for a cut and fill associated with the construction of a stormwater pond on the east side of Spry Avenue, and to bring the south-east portion of the subject lands out of the floodplain. Affordable Housing Priority 1.4 Clarington Council has prioritized housing affordability and embedded this as a key pillar in the 2019-2022 Strategic Plan. To help with this strategic priority, the Municipality formed the Clarington Task Force on Affordable Housing and developed an Affordable Housing Toolkit that provides a suite of incentives to not-for-profit developers looking to build new residential developments in our community (CAO-013-19). 1.5 In 2021, Council directed staff to list 200 Baseline Road West for sale on MLS, with the listing to include language that affordable housing would be encouraged. Council reviewed the offers and directed staff to enter negotiations with Habitat for Humanity and Durham Region Non-Profit Housing Corporation. Current Request 1.6 In November 2021, a pre-consultation meeting was held between municipal staff, Habitat for Humanity, and Durham Region Non-Profit Housing Corporation to discuss their proposed affordable housing development. 1.7 Habitat for Humanity and Durham Region Non-Profit Housing Corporation are proposing a three-storey apartment building with 52 units and 4 three -storey stacked townhouses with a total of 32 units for a total of 84 units (Figure 2). The proposal includes visitor parking areas and amenity space. The development will require the extension of John Scott Avenue to Spry Avenue and construction of a stormwater management pond on the east side of Spry Avenue, on Municipal property. Page 8 Municipality of Clarington Page 4 Report PDS-058-22 Figure 2: Proposal 1.8 An amendment to the original Draft Plan of Subdivision is required based on the new proposal and layout. A Zoning By-law Amendment is also required to permit the apartment and stacked townhouses and any additional exceptions to the Zoning By-Law that may be required. Site Plan Approval and a Plan of Condominium are also required. 1.9 To expedite development on these lands, the Municipality, in partnership with Habitat for Humanity and Durham Region Non-Profit Housing Corporation, are seeking a request for a ministerial order from the Provincial Minister of Municipal Affairs and Housing to Page 9 Municipality of Clarington Page 5 Report PDS-058-22 use the Community Infrastructure and Housing Accelerator tool to permit the proposed development. Clarington Housing Supply and Provincial Target 1.10 Currently, the Municipality has a supply of over 5,000 residential units based on approved applications over the last 10 years. Approved applications include units that are within a draft approved plan of subdivision, registered vacant lots within a subdivision, or site plan approved units. This does not include the supply of units that may have received development approvals prior to 2011, which is being calculated. 1.11 Close to 9,000 residential units have recently been approved in three of Clarington’s Secondary Plans (Brookhill, Southeast Courtice and Southwest Courtice) for which development applications are now being received. In addition, the Region has forecasted approximately 13,000 units for the Courtice MTSA and approximately 9,000 units for the Bowmanville MTSA. 1.12 However, although the housing targets allocated to Clarington can be met, none of these units provide affordable non-profit housing for the community. 2. Community Infrastructure and Housing Accelerator (CIHA) 2.1 On March 30, 2022, the Province took it’s first steps in implementing the recommendations of Ontario’s Housing Affordability Task Force (OHATF) by introducing the More Homes for Everyone Plan, and Bill 109 the More Homes for Everyone Act, 2022. It received Royal Assent on April 14, 2022 2.2 The More Homes for Everyone Act, 2022 created a new minister’s order authority referred to as the Community Infrastructure and Housing Accelerator (CIHA) order. This change authorizes the Minister of Municipal Affairs and Housing to make orders to respond to municipal requests for expedited zoning outside of the Greenbelt Area. Types of development that may be considered eligible for a CIHA order request include community infrastructure such as long-term care facilities, market-based housing, affordable housing, buildings that facilitate employment and economic development, and mixed-use developments. 2.3 A CIHA differs from a Minister’s Zoning Order (MZO). Only local municipalities can make a CIHA request to the Minister. The formal request must include a resolution passed by Council. A CIHA request also requires public and First Nation consultation. Conversely, an MZO request can be made by the Minister, without resolution from Council, and does not require any public consultation. 2.4 The Minister will consider making a CIHA order on the request of the Council of a lower or single tier municipality. A CIHA order can be used to regulate the use of land and the Page 10 Municipality of Clarington Page 6 Report PDS-058-22 location, height, size and spacing of buildings and structures to permit certain types of development. 2.5 It should be noted that the CIHA order does no t have to be consistent with the Provincial Policy Statement, Provincial Plans, or Official Plans. The Minister may impose conditions on the order, and the order is not subject to appeal. However, the request being made in this report does conform to all these Plans. Staff would not recommend a ministerial order that would have the effect of changing the Durham Region and/or the Clarington Official Plan. 2.6 As explained in section 1.10, Clarington has and is in the process of expanding the supply of market-based housing including mix used developments; as a result, requests for ministerial orders for these types of developments are not needed. 2.7 To avoid any public confusion about the request for any provincial orders, staff is recommending that any provincial order request by Clarington be limited to affordable and non-profit housing and job creation projects through economic development efforts. Requirements for CIHA Request 2.8 Should the Municipality seek to make a CIHA order request to the Minister, they must adhere to the Council resolution, notice and consultation requirements now prescribed for CIHA orders in the Planning Act, as well as the CIHA order guidelines issued by the Province on October 25th, 2022. 2.9 More specifically, as per section 34(1) of the Planning Act, CIHA order requests are required to include the following:  A copy of the Municipal Council’s resolution;  A description of the consultation undertaken;  A description of any licences, permits, approvals, permissions, or other matters that would be required before a use that would be permitted by the requested order could be established;  Any prescribed information and material; and  Any information or material that the Minister considers necessary. 2.10 The CIHA order guidelines issued by the Province on October 25th, 2022, requires that within 15 days of passing the Council resolution for the CIHA order, the Municipality provide the Minister with the following:  A copy of the Municipal Council’s resolution; Page 11 Municipality of Clarington Page 7 Report PDS-058-22  A description of the consultation undertaken including engagement with Indigenous communities;  A map showing the location of the lands to which the order would apply;  A description of any licenses, permits, approvals, permissions, or other matters that would be required before a use that would be permitted by the order could be established;  A copy of a draft zoning by-law amendment to facilitate provincial consideration of the request; and  Any prescribed information and material. 3. Policy Considerations Provincial Policy Statement 3.1 The PPS requires Planning authorities to provide an appropriate range and mix of housing options and densities to meet projected market -based and affordable housing needs of current and future residents. The proposed developmen t is consistent with the direction of the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe 3.2 The Growth Plan directs municipalities to support housing choice through the achievement of the minimum intensification targets to the plan by iden tifying a diverse range and mix of housing options and densities, including affordable housing to meet projected needs of current and future residents and by establishing targets for affordable ownership housing and rental housing. 3.3 The proposed development will help Clarington achieve its intensification, affordable and rental housing targets. As such, the proposal conforms to A Place to Grow. Durham Region Official Plan (ROP) 3.4 The subject site is designated "Living Areas” and adjacent to Baseline Road, a designated Type ‘A’ Arterial Road in the ROP. Living Areas are to be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads. Type 'A' Arterial Roads are designed to efficiently move large volumes of traffic and provide the highest level of service. 3.5 Communities shall be developed to incorporate the widest possible variety of housing types, sizes, and tenure to provide living accommodations that address various socio - economic factors. Regional Council shall require at least 25% of all new residential units Page 12 Municipality of Clarington Page 8 Report PDS-058-22 produced within each area municipality to be affordable to low- and moderate-income households. 3.6 The proposed development will contribute to the Region’s affordable housing t arget, as well as intensify and redevelop an existing area adjacent to an arterial road. The proposal conforms to the policies of the ROP. Clarington Official Plan 3.7 The lands are designated "Urban Residential" within the Clarington Official Plan. The "Urban Residential" designation allows residential development containing a variety of housing forms, size, and tenure. A minimum of 30% of all new housing is encouraged to be affordable in Urban Areas. 3.8 The property is currently partially located within the floo dplain of Westside Creek. A condition of the Draft Plan of Subdivision required a cut and fill of the property to bring the lands outside of the floodplain. 3.9 The proposed non-profit housing development conforms to all the Provincial Plans, the Regional Official Plan, and the Clarington Official Plan. Clarington Zoning By-law 3.10 Zoning By-law 84-63 zones the subject lands "(Holding) Urban Residential Exception (R2-30) Zone” and “(Holding) Urban Residential Exception (R2-52) Zone.” These two zones allow for single detached dwellings based on a 15-metre minimum lot frontage. The Holding provision is in place until cut and fill to bring the property outside the floodplain is complete. 3.11 The current zoning does not permit the proposed development. The ministerial orde r will speed up the process to bring the non-profit housing units to our community in more effective manner. 3.12 A draft Zoning by-law has been prepared by the applicant (Attachment 1) that specifies the requested relief from the Zoning By-law. The draft Zoning By-law is subject to refinement by staff, in co-ordination with the applicant and is required as part of the CIHA request. 4. Public Notice 4.1 Notice of this public meeting was mailed to all property owners within 120 meters of the subject site and was mailed out 14 days prior to the non-statutory public meeting. Advertisement was also placed in both the Clarington This Week and Orono Times a Page 13 Municipality of Clarington Page 9 Report PDS-058-22 week prior to the public meeting, on social media and on the Municipality’s website. Notice was also emailed to agencies and First Nations. 4.2 At the time of writing this report, staff have not received comments from agencies, First Nations or members of the public. It is anticipated that comments will be received after the report has been publicized and after the non-statutory public meeting occurs on December 5th, 2022. 5. Next Steps 5.1 As the ministerial order does not exempt the proponents from the site plan process, comments from the public, as appropriate, will be implemented through the site plan process. 5.2 Staff will continue communication with the Minister of Municipal Affairs and Housing to ensure requirements of the CHIA order are being met and the process is documented in the follow up report to Council. 5.3 The draft Zoning By-law (Attachment 1) to permit the development will be refined through the CIHA process by staff, in co-ordination with the applicants. 5.4 The CIHA order does not preclude the requirement for technical review of the site plan process. Technical review of the proposed development is required. The applicants wi ll be required to apply for Site Plan Approval. The required technical reports and studies, such as a Functional Servicing Report and Traffic Impact Study, will need to be submitted and reviewed. Further detail will be outlined in a follow up report to Council. 6. Financial Considerations 6.1 Staff resources to prioritize the CHIA order request for 200 Baseline Road West and prepare associated notice materials and staff report. 6.2 A 50% reduction in planning applications fees, for registered not -for-profit housing, in association with the development proposal. 6.3 Based on current rates, it is estimated that the Municipal Development Charge would be approximately $1,399,200. As a result of recent changes to legislation, the development would be exempt from development charges. As exempt charges must be made up by non-DC sources, this would require the Municipality to fund $1.4 million towards the project through grants, utilization of reserves, other fees, or the tax levy. Page 14 Municipality of Clarington Page 10 Report PDS-058-22 7. Concurrence This report has been reviewed by the Deputy CAO/Solicitor and the Deputy CAO/Treasurer who concur with the recommendations. 8. Conclusion 8.1 The Municipality, in partnership with Habitat for Humanity and Durham Region Non- Profit Housing Corporation, are proposing an 84-unit non-profit residential development at 200 Baseline Road West in Bowmanville to bring affordable , non-profit housing to Clarington. 8.2 It is respectfully recommended that Council support the request for a Minister’s Community Infrastructure and Housing Accelerator (CIHA) order at 200 Baseline Road West in Bowmanville. Staff Contact: Lisa Backus, Manager of Community Planning, 905-623-3379 ext. 2413 or lbackus@clarington.net or Justin MacLean, Manager of Strategy Intergovernmental Affairs and Transformation, 905-623-3379 ext. 2017 or jmaclean@clarington.net or Emily Schaefer, Senior Planner, 905-623-3379 ext. 2428 or eschaefer@clarington.net or Sarah Parish, Planner II, 905-623-3379 ext. 2432 or sparish@clarington.net Attachments: Attachment 1 – Draft Zoning By-law Interested Parties: List of Interested Parties available from Department. Page 15 Attachment 1 to Report PDS-058-22 ONTARIO REGULATION XXX/22 made under the PLANNING ACT Made: XXXXXX, 2022 Filed: XXXXXX, 2022 Published on e-Laws: XXXXXX, 2022 Printed in The Ontario Gazette: XXXXXXX, 2022 ZONING ORDER – MUNICIPALITY OF CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM Definition 1. In this Order, “Zoning By-Law” means Municipality of Clarington Zoning By-law 84-63, as amended. Application 2. This order applies to lands in the Municipality of Clarington, Regional Municipality of Durham, in the Province of Ontario, being the lands on a map numbered XXX filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street. Zoning By-law 3. That the Zoning By-law, as amended from time to time and in its entirety, applies to those lands being the lands on a map numbered XXX filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street. Lands North of Future John Scott Avenue 4. (1) This section applies to lands located north of Future John Scott Avenue as shown on the map referred to in section 2 of this Order. (2) The Zoning By-law is amended by rezoning the lands to R3-XX. (3) Every use of land and every erection, location or use of any building or structure is limited on the lands described in clause 4 (1) to the following, (a) a linked townhouse dwelling; (b) a back-to-back townhouse dwelling; (c) a stacked townhouse dwelling; and (d) a home occupation, in accordance with the provisions of Section 3.11 of the Zoning By-law. (4) Subject to the following, the zoning requirements for the uses permitted under clause 4 (3) are the zoning requirements for the R3 Zone set out in Section 14.4 of the Zoning By-law: (a) Density (maximum) 80 units per ha (b) Yard Requirements (minimum) (i) Front Yard 5.5 metres (ii) Side Yard 4.5 metres (iii) Rear Yard 7.5 metres Page 16 Attachment 1 to Report PDS-058-22 (c) Landscaped Open Space (minimum) 20 percent (d) Building Height (maximum) 12 metres (e) There is no minimum Dwelling Unit Area. (5) Despite Section 3.16 of the Zoning By-law, a minimum of 0.5 parking spaces shall be provided for each dwelling unit, plus an additional 0.2 spaces per unit for visitors. Lands at the Northwest Corner of Baseline Road West and Spry Avenue 5. (1) This section applies to lands located at the northwest Corner of Baseline Road West and Spry Avenue on the map referred to in section 2 of this Order. (2) The Zoning By-law is amended by rezoning the lands to R4-XX. (3) Every use of land and every erection, location or use of any building or structure is limited on the lands described in clause 5 (1) to the following, (a) a linked townhouse dwelling; (b) a back-to-back townhouse dwelling; (c) a stacked townhouse dwelling; (d) an apartment building; and (e) a home occupation, in accordance with the provisions of Section 3.11 of the Zoning By-law. (4) Subject to the following, the zoning requirements for the uses permitted under clause 5 (3) are the zoning requirements for the R4 Zone set out in Section 15.2 of the Zoning By-law: (a) Density (maximum) 100 units per ha (b) Yard Requirements (minimum) (i) South (Baseline Road W est) 6.0 metres (ii) North (Future John Scott Avenue) 5.0 metres (iii) East (Spry Avenue) 7.5 metres (iv) West 20 metres (c) Landscaped Open Space (minimum) 20 percent (d) Building Height (maximum) 15 metres (e) There is no minimum Dwelling Unit Area. (5) Despite Section 3.16 of the Zoning By-law, a minimum of 0.5 parking spaces shall be provided for each dwelling unit, plus an additional 0.2 spaces per unit for visitors. (6) The zoning requirements specified in clauses 5 (4) and 5 (5) apply collectively to the lands described in clause 5 (1), despite any future severance, partition or division of the lands. Page 17 Attachment 1 to Report PDS-058-22 Terms of use 6. (1) Every use of land and every erection, location and use of buildings or structures shall be in accordance with this Order. (2) Nothing in this Order prevents the use of any land, building or structure for any use prohibited by this Order if the land, building or structure is lawfully so used on the day this Order comes into force. (3) Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased and its original use is not altered. (4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure. Deemed By-law 7. This Order is deemed for all purposes, except the purposes of section 24 of the Act, to be and to always have been a by-law passed by the council of the Municipality of Clarington. Commencement 8. This Regulation comes into force on the day it is filed. Made by: STEVE CLARK Minister of Municipal Affairs and Housing Date made: XXXXXXXX, 2022 Page 18 Notice of Public Meeting A land use change has been proposed, we want to hear from you! The Municipality is seeking public comments before making a decision on an application for a proposed Plan of Subdivision and an application for a Zoning By-law Amendment. Proposal Minto Communities Inc. have submitted a subdivision and zoning by-law amendment application to permit 253-318 single detached dwellings, 52 townhouse dwellings, 331 medium density dwellings (townhouses stacked townhouses) and 377 high density units (mixed use). There is a park block, blocks for environmental protection, and a block for stormwater management. Property 2149 Courtice Road, Courtice Find Out More Information and materials submitted in support of this application are identified and/or available for viewing at the following website: www.clarington.net/CourticeRoad or at the Planning and Infrastructure Services desk located at 40 Temperance Street, Bowmanville ON L1C 3A6; 3rd Floor, between the hours of 8:30 a.m. – 4:30 p.m. during regular business days. For more information about this matter, including information about appeal rights, contact Tracey Webster Principal Planner, Development Review Branch at 905-623-3379, extension, 2415 or by email at twebster@clarington.net. Page 19 Public Meeting Information A Public Meeting has been scheduled for this application. Written comments are encouraged to be submitted prior to the Public Meeting. You can also request to be added to the interested party list to receive updates regarding this application. Public Meeting Date: December 5, 2022 Time: 6:30 p.m. How to Attend the Meeting You may provide comments at the Statutory Public Meeting either in person, by Microsoft Teams, or by telephone. In Person: Council Chambers Municipal Administrative Centre 40 Temperance Street, Bowmanville, ON L1C 3A6 Virtually: To participate electronically, please pre-register by completing the online form at http://www.clarington.net/delegations or contact the Clerk’s Division at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, December 2, 2022, at 3:30 p.m. A link and telephone number will be provided to you once registered. This meeting will also be live-streamed for public viewing at https://www.clarington.net/en/town-hall/council-meeting-calendar.aspx You do not need to pre-register as a delegate in order to speak in person. Please submit your written comments on the proposed application to Tracey Webster at twebster@clarington.net or by mail to 40 Temperance Street, Bowmanville, ON L1C 3A6 prior to the date of the public meeting. File Number(s): S-C-2022-0012 and ZBA2022-0022 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Ontario Land Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Carlos Salazar, MCIP, RPP Director of Planning and Infrastructure Services Page 20 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 5, 2022 Report Number: PDS-055-22 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO File Number: S-C-2022-0012 and ZBA2022-0022 Resolution#: Report Subject: Draft Plan of Subdivision and Zoning By-law Amendment for 2149 Courtice Road, Courtice Purpose of Report: The purpose of this report is to provide information and gather input from the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1. That Report PDS-055-22 and any related communication items, be received for information only; 2. That Staff receive and consider comments from the public and Council with respect to the Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by Minto Communities Inc. and continue processing the applications including preparation of a recommendation report; and 3. That all interested parties listed in Report PDS-055-22 and any delegations be advised of Council’s decision. Page 21 Municipality of Clarington Page 2 Report PDS-055-22 Report Overview The Municipality is seeking public’s input on applications for a proposed Draft Plan of Subdivision and Zoning By-law Amendment submitted by Minto Communities Inc. to permit 1,013 to 1,078 residential units consisting of single detached (253 -318 units), townhouses (383 units), and apartments (377 units) on low, medium, and high-density blocks. The proposal includes blocks for stormwater management, environmental protection area, and a 1.5 ha (3.7 acre) Neighbourhood Park. The subject lands are within the Southeast Courtice Secondary Plan. 1. Application Details 1.1 Owner: Minto Communities Inc. 1.2 Applicant: Giordano Labile, Minto Communities Inc. 1.3 Proposal: Draft Plan of Subdivision The proposed Draft Plan of Subdivision would permit 1,013 to 1,078 residential units, consisting of single detached (253-318 units), townhouses (383 units), and apartments (377 units). The proposal includes blocks for stormwater management, environmental protection areas, and a 1.5 ha (3.7 acre) Neighbourhood Park. Zoning By-law Amendment To rezone the subject lands from “Agricultural (A)” zones to appropriate zones that would permit the low, medium and high - density blocks. 1.4 Area: 39.85 hectares (98.48 acres) 1.5 Location: 2149 Courtice Road, Courtice (see Figure 1) 1.6 Within Built Boundary: No Page 22 Municipality of Clarington Page 3 Report PDS-055-22 Figure 1: Subject Lands and proposed land use Page 23 Municipality of Clarington Page 4 Report PDS-055-22 2. Background 2.1 The Southeast Courtice Secondary Plan was adopted by Council on December 7, 2020, and then approved by the Regional Municipality of Durham on March 2, 2022. The Secondary Plan area is anticipated to undergo significant growth and development, with a planned population of approximately 12,000 residents and 5,000 units. The purpose of the Secondary Plan is to establish goals and policies to guide development within Southeast Courtice, as it is implemented through subdivision, zoning and site plan control applications. 2.2 As the Secondary Plan is now in effect, we are now processing applications. In August 2022, Minto Communities Inc. submitted their applications for Zoning By-law Amendment and Draft Plan of Subdivision with supporting do cumentation. (See Figure 1). 2.3 The applicant has submitted the following studies in support of the applications which have been circulated to departments and agencies for review. They are available upon request and will be analyzed in the recommendation rep ort.  Arborist Report and Tree Management Plan  Archaeological Clearance Letter  Stage 1&2 Archaeological Assessment  Environmental Impact Study  Functional Servicing and Stormwater Management Report  Hydrogeological Investigation  Phase One and Phase Two Environmental Site Assessments  Planning Justification Report  Geotechnical Investigation Report  Transportation Impact Study  Urban Design Brief 3. Land Characteristics and Surrounding Uses 3.1 The subject land is municipally known as 2149 Courtice Road, located in the Courtice Urban Area in the Municipality of Clarington. The Property is legally described as Part of lots 27 and 28, Concession 2 in the Geographic Township of Darlington. Current land use is agriculture (see Figure 2). 3.2 The surrounding uses are as follows: North - Predominantly agricultural land uses South - Predominantly agricultural land uses and rural residential properties. East - Predominantly rural residential properties West - Predominantly agricultural land uses Page 24 Municipality of Clarington Page 5 Report PDS-055-22 Figure 2: Lands Subject to the proposed Draft Plan of Subdivision and Zoning By-law amendment applications Page 25 Municipality of Clarington Page 6 Report PDS-055-22 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy encourages planning authorities to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure. 4.2 Healthy and active communities should be promoted by planning public streets to be safe, and meet the needs of pedestrians, foster social interaction, and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. 4.3 Natural features shall be protected for the long term. Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Provincial Growth Plan 4.4 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Courtice Urban Area. Municipalities are encouraged to create complete communities by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open spaces and easy access to local stores and services. 4.5 The subject lands are within the designated greenfield area. The Growth Plan calls for new development in greenfield areas to achieve a minimum density target of 50 residents and jobs combined per hectare. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject lands as Regional Corridors and Living Area. Regional Corridors shall be planned and developed as higher density mixed- use areas, supporting higher order transit services and pedestrian orientated development. 5.2 Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. 5.3 The Durham Region Official Plan identifies Key Natural Heritage and Hydrologic Features on the subject lands. Development or site alteration is not permitted in Key Natural Page 26 Municipality of Clarington Page 7 Report PDS-055-22 Heritage and Hydrologic Features, including any associated vegetation protection zone, as determined through an Environmental Impact Study. 5.4 Courtice Road and Bloor Street are Type A Arterial Roads in the Region’s Official Plan. Clarington Official Plan 5.5 The Clarington Official Plan designates the subject lands as Regional Corridor, Urban Residential, and Environmental Protection Area. 5.6 The Urban Residential designation is predominantly intended for housing purposes, providing for a variety of densities, tenure and types. Neighbourhoods are to be walkable, compact, connected and create a high-quality public realm. 5.7 Regional Corridors shall provide for intensification, mixed-use development and pedestrian and transit supportive development. The development of Regional Corridors aims to improve the public realm and establish walkable, transit supportive corridors through high quality streetscaping and built form. 5.8 Natural Heritage Features are identified and mapped on the subject lands and are designated Environmental Protection Area. The natural heritage system is to be protected and enhanced for the long term to promote responsible stewardship and provide sustainable environmental, economic and social benefits. Studies will determine the appropriate development limits and vegetation protection zone in accordance with the Official Plan. Southeast Courtice Secondary Plan 5.9 The Southeast Courtice Secondary Plan designates the lands as Low Density Residential, Medium Density Residential Corridor, High Density/Mixed Use, Environmental Protection Area, Environmental Constraint and Neighbourhood Park. 5.10 The Secondary Plan establishes that development within the High Density/Mixed Use designation shall have a net density of 120 units per net hectare with heights between 7 and 12 storeys. Medium Density Regional Corridor designation shall have an overall average density of 85 units per net hectare. In no case shall an individual development application have a density less than 60 units per net hectare. Development on lands designated Low Density Residential shall have a minimum net density of 13 units per hectare and shall not exceed 3 storeys in height. 5.11 Within the Medium Density Regional Corridor designation, the predominant use of lands are a mix of housing types and tenures in mid-rise building forms. The highest and densest built form shall front on Bloor Street. Retail and service uses are to be provid ed at strategic locations to reinforce the community structure and provide access to local amenities within walking distance for residents of the surrounding areas. 5.12 Bloor Street, Courtice Road and Highway 2 and the lands adjacent to them are Regional Corridors. They are Priority Intensification Areas and the routes for future transit service. Page 27 Municipality of Clarington Page 8 Report PDS-055-22 Regional Corridors shall be the location of the highest densities, tallest buildings and greatest mixing of uses, in order to concentrate population in areas with good access to transit and amenities. Development along Regional Corridors shall achieve an overall density of 85 units per net hectare. 5.13 Commercial retail and service uses in Regional Corridors shall be concentrated to reinforce community focal points, while ensuring a good level of amenity within walking distance of all residential areas. Bloor Street and Courtice Road has been identified as a p rominent intersection. It will serve as community focal points, both visually in terms of building height, massing and orientation, architectural treatment and materials, and landscaping, and functionally in terms of destination uses and public spaces and amenities such as street furniture and public art. 5.14 Hancock Road and Bloor Street is a gateway that will feature landscaping that highlights the entry to the Courtice Urban Area. 5.15 Trails serve as a key form of off-street connectivity within the community of Southeast Courtice. They allow for recreation and active transportation, creating off-street linkages between destinations as well as providing safe and enjoyable access to the parks and natural heritage systems. 5.16 A variety of housing forms, sizes and tenures shall be provided in Southeast Courtice to meet the needs of a diverse population and households of various sizes, incomes and age compositions. This housing mix is encouraged to include purpose -built rental and seniors housing. 5.17 Affordable housing, including subsidized non-market housing units, is encouraged to be integrated within neighbourhoods and combined in developments that also provide market housing to provide opportunities for a range of housing tenures and prices that support diversity. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject site “Agricultural (A) Zone”. A Zoning By-law Amendment is required to permit the proposed low, medium, and high -density blocks. A draft zoning by-law is included as Attachment 1. 7. Public Notice and Submissions 7.1 Public Notice was mailed to each landowner within 120 metres of the all the subject lands and public meeting signs were installed fronting Courtice Road, Bloor Street and Hancock Road. 7.2 At the time of writing this report, no public comments were received. Comments received at this Public Meeting will be considered and included in the recommendation report. Page 28 Municipality of Clarington Page 9 Report PDS-055-22 8. Department and Agency Comments 8.1 The following departments and agencies were circulated for comment on the applications. Below is a chart showing the list of circulated parties and whether or not we have received comments. 1.1. Department/Agency 1.2. Comments Received 1.3. Summary of Comments 1.4. Development Engineering  1.5. Detailed comments covering stormwater management design, Arborist Report, Environmental Impact Study, road design/cross-sections, and the site servicing/function servicing report 1.6. Building Division 1.7. 1.8. Fire and Emergency Services  Comments regarding an emergency access route and locations/distance of the fire hydrants were provided.. 1.9. Heritage Committee 1.10. 1.11. Region of Durham (Planning, Works, & Transit) 1.12. 1.13. Durham Region Police Services 1.14. 1.15. Central Lake Ontario Conservation Authority 1.16. 1.17. School Boards 1.18. 1.19. Ministry of Transportation  1.20. No comments or concerns 1.21. Hydro One  1.22. No comments or concerns 1.23. Canada Post Corporation 1.24. 1.25. Bell Canada 1.26. Standard conditions requested for draft approval. 1.27. Rogers  1.28. Standard conditions requested for draft approval. 9. Financial Considerations 9.1 The recommendations of this report do not have any financial implications. Financial implications of this project will be included in subsequent reports as more information becomes available. Page 29 Municipality of Clarington Page 10 Report PDS-055-22 10.Discussion 10.1 Our policies require that the applicant demonstrate through various studies, including an Environmental Impact Study that the proposed uses will have no or minimal impact on the natural heritage system and hydrologic features on the site. 10.2 These studies have been submitted by the applicant and a re currently under review by municipal staff and outside agencies such as the Central Lake Ontario Conservation Authority. A full analysis of the existing features and the EIS will be provided by the conservation authority and staff in the recommendation report. 10.3 Trails serve as a key form of off-street connectivity within the community of Southeast Courtice. They allow for recreation and active transportation, creating off -street linkages between destinations as well as providing safe and enjoyable access to the parks and natural heritage systems. The applicant has been asked to provide a conceptual parks and trail plan that demonstrates connectivity through the proposed development. 10.4 Courtice Road and Bloor Street are encouraged to be developed as Multi-Ways as detailed in the Urban Design and Sustainability Guidelines. The design of the Multi -Ways will balance the functional requirements of a Type A arterial road and a local road. 10.5 Multi-Ways within the Secondary Plan Area shall be designed f ollowing the principles of complete streets provided in Policy 19.6.4 of the Clarington Official Plan and shall incorporate segregated bicycle infrastructure, provide public transit infrastructure , and integrate the principles of universal design to facilitate access for all abilities. 10.6 To facilitate the creation of a transit-supportive urban structure, the following measures shall be reflected in development proposals, including the subdivision of land: a. Transit-supportive densities provided on lands within the Regional Corridor in keeping with municipal density targets; b. An active transportation network that promotes direct pedestrian access to transit routes and stops; c. Transit stops located in close proximity to activity nodes and building entrances; d. Provision for transit stops and incorporation of bus-bays where appropriate into road design requirements; and e. Where feasible, the integration of transit waiting areas in buildings located adjacent to transit stops. 10.7 Setbacks, landscaping, noise impacts, and overlook should be evaluated when assessing the potential impacts to the existing low density residential properties. 11. Concurrence 11.1 Not applicable. Page 30 Municipality of Clarington Page 11 Report PDS-055-22 12. Conclusion 12.1 The purpose of this report is to provide background information on the Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by Minto Communities Inc. to permit a total of 1,013 to 1,078 residential units for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a recommendation report. Staff Contact: Tracey Webster, 905-623-3379 ext. 2415, twebster@clarington. Attachments: Attachment 1 – Draft Zoning By-law Interested Parties: List of Interested Parties available from Planning and Infrastructure Services Page 31 Attachment 1 to Report PDS-055-22 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 Number 20__-______ Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2022-0022 Now therefore the Council of the Municipality of Clarington enacts as follows: Schedule ‘4’ to By-law 84-63, as amended, is herby further amended by changing the zone designation from “Agricultural (A) Zone” to “Urban Residential Exception (R2-A) Zone””, " Residential Mixed-Use Exception (MU2-A) Zone", and "Urban Centre Mixed Use (MU3)”, “Environmental Protection (EP) Zone, and “Environmental Protection Exception (EP-1) Zone” as illustrated on the attached Schedule ‘A’ hereto. 1. Notwithstanding Sections 3.1 c). 3.16 c) ii), 13.2 b., c. i), iii), e., g., h., those lands zoned “R2-A” on the Schedules to this By-law shall be subject to the following: a. Regulations: i. Lot Area (minimum) – Single Detached 265 square metres ii. Lot Area (minimum) - Street Townhouse 165 square metres iii. Lot Frontage (minimum) – Single Detached a) Interior Lot 9.0 metres b) Exterior Lot 11.0 metres iv. Lot Frontage (minimum) – Street Townhouse a) Interior Lot 5.5 metres b) Exterior Lot 7.5 metres v. Yard Requirements (minimum) – Single Detached a) Rear Yard 3.0 metres for up to 45% of the building Page 32 width provided it is no more than one storey in height and 7.0 metres for no less than 55% of the building width and for any storey above the first storey vi. Yard Requirements (minimum) – Street Townhouse a) Rear Yard 3.0 metres for up to 45% of the building width provided it is no more than one storey in height and 7.0 metres for no less than 55% of the building width and or any storey above the first storey vii. Maximum lot coverage – Single Detached 50% viii. Maximum lot coverage – Street Townhouse 60% 2. Notwithstanding 3.16 i. i) and the respective provisions of Table 16.A.4, those lands zoned MU2-A on the Schedules to this By-law, shall be subject to the following: a. Permitted Uses i. Street Townhouse ii. Rear Lane Townhouse dwelling iii. Back-to-Back Townhouse dwelling b. Regulations i. Lot Area (minimum) – Street Townhouse 165 square metres ii. Lot Area (minimum) – Rear Lane Townhouse 110 square metres iii. Lot Area (minimum) – Back-to Back Townhouse 85 square metres iv. Lot Frontage (minimum) – Street Townhouse a) Interior Lot 5.5 metres b) Exterior Lot 7.5 metres v. Lot Frontage (minimum) – Rear Lane Townhouse a) Interior Lot 5.5 metres b) Exterior Lot7.5 metres vi. Lot Frontage (minimum) – Back-to-Back Townhouse a) Interior Lot 5.5 metres b) Exterior Lot 7.5 metres vii. Yard Requirements (minimum) – Street Townhouse a) Rear Yard 7.0 metres Page 33 viii. Maximum lot coverage – Street Townhouse 60% ix. Maximum lot coverage – Rear Lane Townhouse 60% x. Maximum lot coverage – Back-to-Back Townhouse 65% xi. Minimum setback requirements – Rear Lane Townhouse a. Front Yard 3.0 metres, 1.2 metres to unenclosed porch b. Exterior Side Yard 3.0 metres c. Interior Side Yard 1.5 metres; 0.0 metres where building has a common wall with any building on an adjacent lot d. Rear Yard 2.5 metres from Garage to private lane xii. Minimum setback requirements – Back-to-Back Townhouse a. Front Yard 3.0 metres, 1.2 metres to unenclosed porch b. Exterior Side Yard 3.0 metres c. Interior Side Yard 1.5 metres; 0.0 metres where building has a common wall with any building on an adjacent lot d. Rear Yard 0.0 metres 3. Additional Regulations: Street townhouse dwellings shall not be allowed to front onto Bloor Street or Courtice Road; they will be allowed to flank. 7. Schedule ‘A’ attached hereto shall form part of this By-law. 8. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-law passed in open session this _____ day of ____________, 20___ __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Page 34 Page 35 Notice of Public Meeting A land use change is being proposed, we want to hear from you! The Municipality is seeking public comments before making a decision on an application for a proposed Plan of Subdivision and an application for a Zoning By-law Amendment. Proposal D.G. Biddle and Associates Ltd., on behalf of Whitepine Contractors Ltd., has submitted a subdivision and zoning by-law amendment application to permit the development of 25 single detached dwellings. The proposal also introduces a new local road which connects off of Hill Street, a stormwater pond, and a future park. The site area is approximately 8.7 hectares (21.5 acres). Property 4442 and 4430 Hill Street, Newtonville Find Out More Information and materials submitted in support of this application are identified and/or available for viewing at the following website: www.clarington.net/HillStreet or at the Planning and Infrastructure Services desk located at 40 Temperance Street, Bowmanville ON L1C 3A6; 3rd Floor, between the hours of 8:30 a.m. – 4:30 p.m. during regular business days. For more information about this matter, including information about appeal rights, contact Nicole Zambri, Senior Planner, Development Review Branch at 905-623-3379, extension, 2422 or by email at nzambri@clarington.net Page 36 Public Meeting Information A Public Meeting has been scheduled for this application. Written comments are encouraged to be submitted prior to the Public Meeting. You can also request to be added to the interested party list to receive updates regarding this application. Public Meeting Date: December 5, 2022 Time: 6:30 p.m. How to Attend the Meeting You may provide comments at the Statutory Public Meeting either in person, by Microsoft Teams, or by telephone. In Person: Council Chambers Municipal Administrative Centre 40 Temperance Street, Bowmanville, ON L1C 3A6 Virtually: To participate electronically, please pre-register by completing the online form at http://www.clarington.net/delegations or contact the Clerk’s Division at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, December 2, 2022, at 3:30 p.m. A link and telephone number will be provided to you once registered. This meeting will also be live-streamed for public viewing at https://www.clarington.net/en/town-hall/council-meeting-calendar.aspx You do not need to pre-register as a delegate in order to speak in person. Please submit your written comments on the proposed application to Nicole Zambri at nzambri@clarington.net or by mail to 40 Temperance Street, Bowmanville, ON L1C 3A6 prior to the date of the public meeting. File Numbers: S-C-2022-0010 and ZBA2022-0020 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Ontario Land Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Carlos Salazar, MCIP, RPP Director of Planning and Infrastructure Services Page 37 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 5, 2022 Report Number: PDS-056-22 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO File Number: S-C-2022-0010 and ZBA-2022-0020 Resolution#: Report Subject: Proposal for a 25-unit Plan of Subdivision in Newtonville Purpose of Report: The purpose of this report is to provide information and to gather input from the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1. That Report PDS-056-22 and any related communication items, be received for information only; 2. That Staff receive and consider comments form the public and Council with respect to the Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by Whitepine Contractors Ltd. and continue processing the applications including preparation of a subsequent report; and 3. That all interested parties listed in Report PDS-056-22 and any delegations be advised of Council’s decision. Page 38 Municipality of Clarington Page 2 Report PDS-056-22 Report Overview The Municipality is seeking public input on applications for a proposed Draft Plan of Subdivision and Zoning By-law Amendment submitted by Whitepine Contractors Ltd. to permit a total of 25 detached dwellings at 4430 and 4442 Hill Street in Newtonville. The lots would have frontage on a new proposed local road which would connect to Hill Street. The proposal also includes park space and a stormwater management pond towards the southeast portion of the site. 1. Application Details 1.1 Owner: Whitepine Contractors Ltd. 1.2 Applicant: D.G. Biddle and Associates Limited 1.2 Proposal: Draft Plan of Subdivsion Proposed Draft Plan of Subdivision for 25 detached residential units, a park, and a stormwater management pond. Zoning By-law Amendment To rezone the subject lands from Agricultural Exception (A-1) zone and Residential Hamlet (RH) Zone to an appropriate Residential Hamlet Exception Zone to permit the development of 25 detached residential lots. 1.3 Area: 8.75 hectares (21.62 acres) 1.4 Location: 4430 and 4442 Hill Street, Newtonville (See Figure 2) 1.5 Within Built Boundary: No Page 39 Municipality of Clarington Page 3 Report PDS-056-22 Figure 1 – Proposed Draft Plan of Subdivision and Surrounding Context 2. Background 2.1 On July 15, 2022, D.G. Biddle and Associates Ltd. submitted applications for a Draft Plan of Subdivision and Zoning By-law Amendment with supporting documentation on the lands 4430 and 4442 Hill Street in Newtonville. 2.2 The proposal consists of 25 detached dwelling lots, a park and a stormwater management pond. The lots are proposed to be accessed from Hill Street via a local road, with the exception of Lots 1-6, which will all be accessed directly from Hill Street. Page 40 Municipality of Clarington Page 4 Report PDS-056-22 Additionally, each proposed lot will be serviced via connection to the existing municipal water system and private individual septic system. 2.3 The area subject to the application is approximately 8.75 hectares (21.62 acres) with 265.83 metres of frontage on Hill Street. There will be a 72.37 hectare (178.83 acre) parcel retained to the north of the subject lands (outside the settlement boundary) if the subdivision application is approved. It should also be noted that a related consent application (LD2021-0013) was also submitted to the Durham Region Land Division Committee to sever these lands from the subject site. The severance application has not been finalized by the Region of Durham at the time of writing this report. 2.4 The lots are generally proposed to be between 2,000 and 3,000 square metres (0.5 acres to 0.7 acres). The block proposed for parkland would be approximately 0.5 hectares (1.2 acres) and the stormwater block will be 0.63 hectares (1.5 acres). 2.5 The applicant has submitted the following supporting documents which have been circulated to departments and agencies for review. They are available upon request and will be analyzed in a future recommendation report.  Planning Justification Report  Urban Design Brief  Sustainability Report  Phase 1 Environmental Site Assessment (ESA)  Stage 1 and 2 Archaeological Report  Tree Inventory and Preservation Plan  Landscape Analysis Plan  Geotechnical Report  Hydrogeological Assessment  Functional Servicing Report  Stormwater Management Report  On-Street Parking Plan  Noise Impact Study  Operational Safety Review Report + Traffic Addendum 3. Land Characteristics and Surrounding Context 3.1 The subject lands are located at 4430 and 4442 Hill Street in Newtonville, north of Highway 2, approximately 0.3 kilometres east of Ovens Road cul-de-sac and north of Highway 401. The development will be approximately 300 metres from the intersection of Newtonville Road (Regional Road 18) and Highway 2, a major intersection within the hamlet of Newtonville. The site has some significant topographic land characteristics and is currently occupied by a single detached dwelling and ancillary agricultural structures. 3.2 The surrounding land uses are as follows: North – vacant land used for agricultural purposes. The lands directly to the north of the Draft Plan area are located outside of the settlement area. Page 41 Municipality of Clarington Page 5 Report PDS-056-22 East – low-density residential, consisting of single detached dwellings. South – low density residential uses, consisting of single detached dwellings, as well as a neighbourhood cemetery (Lakeview Cemetery) and Highway 2. West – low density residential uses, consisting of single detached dwellings, and agricultural uses. Figure 2 – Lands Subject to the proposed Draft Plan of Subdivision and Zoning By-law Amendment Applications Page 42 Municipality of Clarington Page 6 Report PDS-056-22 Figure 3 – View of subject lands looking northeast 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement (PPS) policies direct growth to settlement areas and promote compact development forms. The subject lands are proposed within the Newtonville Settlement boundary. Planning authorities are to facilitate a variety of housing forms and promote residential intensification to achieve efficient development patterns, especially along public transit and active transportation routes. Greenbelt Plan 4.2 The Greenbelt Plan identifies areas that should be protected from large scale development, including natural heritage features, hydrologic features, and agricultural lands. The Hamlet of Newtonville is considered a settlement area under the Greenbelt Plan. Policies are to support residential development which is compatible and complementary to the rural community. The proposed development is located in an existing residential area, where the lots are to be similar in size and density to other residential lots on Hill Street, and within the greater Hamlet of Newtonville. Page 43 Municipality of Clarington Page 7 Report PDS-056-22 4.3 Lands to the north, which are outside the settlement boundary, would be retained for agricultural uses, therefore ensuring the viability of the rural community outside of the Hamlet. 4.4 Notwithstanding the above, the Greenbelt Plan generally states that land uses within hamlets are to be governed by local Official Plans. 5. Official Plans Durham Region Official Plan 5.1 The subject lands are located in Newtonville, a designated hamlet in t he Durham Region Official Plan. Development within the Hamlet area should be predominantly in the form of low-density single-detached dwellings with “views and vistas of the countryside”. Development within the hamlets shall be individually serviced with private drilled wells (unless municipal services are available) and private sewage disposal systems where groundwater quantity and quality permits. 5.2 The Plan further states that development within the Hamlet area, unless it is considered limited infilling, shall proceed through Plan of Subdivision. Clarington Official Plan 5.3 The Clarington Official Plan designates the property “Hamlet”. New residential lots in any rural settlement area with or without a municipal water system shall: a) Have a minimum lot size of 0.4 hectares; b) Meet the requirements of the Durham region Health Services Department; c) Provide a primary reserve conventional tile field area; and d) Provide a technical report that demonstrates that there is no adverse impact on adjacent wells and septic systems and meets provincial guidelines for assessing water supply and risk of water quality impact. 5.4 Section 12.4.5 contains further policies for the Hamlet of Newtonville, which states: a) All development shall be serviced by municipal water supply; b) The minimum lot size may be reduced provided an engineering study demonstrates to the satisfaction of the approval authorities that the soil and groundwater conditions can support reduced lot sizes without contaminating soil or groundwater; c) No further development shall be permitted upon reaching the capacity of the municipal water system, regardless of whether designated lands remain vacant; and Page 44 Municipality of Clarington Page 8 Report PDS-056-22 d) No further development shall be permitted if there is evidence of soil and groundwater contamination which cannot be mitigated, until such time as the contamination is addressed to the satisfaction of the approval authorities. 5.5 New development within Newtonville will be required to connect to the existing municipal water supply, which the applicant is proposing to connect to. Each lot will be serviced via private individual septic system. 5.6 The minimum lot size of the proposed development is 0.21 hectares (0.52 acres); the maximum proposed lot size is 0.33 hectares (0.82 acres). Various studies have been undertaken and submitted for the above-noted development which support the reduced lot sizes. 5.7 Additional Dwelling Units (ADUs) are permitted within the hamlet areas. In keeping with the Province’s goals of increasing the housing supply, the creation of an ADU, either within the home or within an accessory building should be evaluated and considered when designing the floor plans and building locations on the lot. This will enable the units to be easily converted for an ADU in the future. 5.8 Hill Street is a local road within Newtonville. The transportation policies state that new development must provide adequate off-street parking and safe ingress/egress. The development proposal shows a new local road to be utilized by 19 of the 25 lots within the subdivision which connects to Hill Street. The new local road was planned as far east as possible to improve site lines for drivers when coming up over the hill fr om the east. 6. Zoning By-law 6.1 The subject property is zoned “Agricultural Exception-1 (A-1)” within the Municipality of Clarington Zoning By-law 84-63, which is a common zoning category for underdeveloped lots located within Newtonville. A zoning by-law amendment is required to permit the 25 lot plan of subdivision. A draft Zoning by-law is included as Attachment 1. The zoning by-law amendment would need to address the proposed lot area, setbacks, frontage, lot area, and landscape open spa ce. 6.2 The applicant has requested that the lands be rezoned to the Residential Hamlet Exception-17 (RH-17) Zone and a new Residential Hamlet Exception Zone. The RH-17 Zone has a minimum lot area of 2,000 square metres (0.2 hectares) with a minimum frontage of 27.0 metres. Finalization of an appropriate zone category will be determined after the minimum lot areas and frontages have been established and approved by all approval authorities. 7. Public Notice and Submissions 7.1 Public notice was mailed to approximately 90 residents within 120 metres of the subject lands on November 11, 2022. A sign was also posted on the property, along Hill Street, advising of the complete application received by the Municipality and details of the public meeting. Page 45 Municipality of Clarington Page 9 Report PDS-056-22 7.2 At the time of writing this report, no public comments were received. Comments received from the public at this Public Meeting will be considered and included in the recommendation report. 8. Department and Agency Comments 8.1 The following agencies and internal departments were circulated for comments on the applications. Below is a chart showing the list of circulated parties and whether or not comments have been received to date. Department/Agency Comments Received Summary of Comment Durham Region Planning Department and Public Works  Durham Region Health Department Ganaraska Region Conservation Authority (GRCA)  The Functional Servicing and Stormwater Management Report will need to be revised to address the revisions to the draft subdivision plan. Technical comments on reports will need to be addressed. Kawartha Pineridge District School Board  The Kawartha Pine Ridge District School Board advises that approximately 6 public elementary students and 2 public secondary students will be generated from this proposal development. The School Board has no objection and provided conditions of draft approval regarding sidewalks, access to public road for school bus transportation, and warning clauses advising potential purchasers, that accommodation within the assigned schools may not be available to students and they may need to attend “holding schools” or an alternate school outside the community. Clarington Engineering Development Division Clarington Emergency Services  Any public right away with a dead-end street entry into a multi residential section that exceeds 150 meters to the furthest point will require an emergency access route. Clarington Building Division Canada Post Corporation Bell Canada  No objection to the proposal Rogers  No objection to the proposal Page 46 Municipality of Clarington Page 10 Report PDS-056-22 Hydro One Network Inc.  Additional information requested. Enbridge Gas PVNC District Catholic School Board Conseil Scolaire de District Centre-Sud- Quest Conseil Scolaire de District Catholique Centre-Sud 9. Discussion 9.1 The site is located in a delineated rural settlement area, which is to be the location of limited, compatible residential growth. The Applicant has applied for a rezoning to establish a 25-lot plan of subdivision on the subject lands. Each lot will accommodate a single detached dwelling on municipal water and private septic . Each unit will have their own private driveway, and vehicle access off an internal local road which will connect to Hill Street, with the exception of Lots 1-6, which will be accessed via Hill Street (See Figure 1). 9.2 A rezoning is required to rezone the lands from “Agricultural Exception-1(A-1)” to an appropriate zone that would permit the proposed Plan of Subdivision. Based on the current provisions for single-detached dwelling units in the RH-17 Zone, which has been proposed by the applicant, the implementing zoning by-law for this site would require additional site-specific exceptions to reduce the lot frontage, and potentially additional setbacks. 9.3 In recent years, the Province of Ontario has updated the applicable Planning Legislation to include policies related to the establishment of additional dwelling units, accessory dwelling units, etc. in order to alleviate the current housing demand. For this reason, the inclusion of accessory/additional dwelling units within the proposed single detached units or accessory building where possible is encouraged. 9.4 Hill Street is considered a local road within the Municipality of Clarington. This section of Hill Street appears to be constructed at a lower standard (rural cross-section). Further discussion between Clarington Engineering and the applicants related to the potential upgrading and/or expansion of Hill Street to accommodate the proposed residential development may be required. 9.5 The Clarington Official Plan contains Hamlet development goals that would need to be considered when reviewing the application, such as lot size and impacts to surrounding uses. Careful attention and consideration of these policies will contribute to the overall success of the project and assist in creating a development that cohesively ties in with the surrounding Hamlet of Newtonville. Page 47 Municipality of Clarington Page 11 Report PDS-056-22 9.6 Staff will continue to review the submitted Plan of Subdivision and rezoning applications and work with the applicant to address all technical matters. Agency and public comments will be addressed in a subsequent recommendations report to Committee and Council. Figure 4 – Proposal for 25-lot Plan of Subdivision Page 48 Municipality of Clarington Page 12 Report PDS-056-22 Figure 5 – Proposed front elevations for the single-detached units 10. Financial Considerations 10.1 The recommendations of this report do not have any financial implications. 10.2 Financial implications of this project will be included in subsequent reports as more information becomes available. 11. Concurrence Not Applicable. Page 49 Municipality of Clarington Page 13 Report PDS-056-22 12. Conclusion 12.1 The purpose of this report is to provide background information and obtain comments on the proposal for 25-lot plan of subdivision at the Statutory Public Meeting under the Planning Act. Staff will continue to review and process the application, including consideration of department, agency and public feedback and will prepare a subsequent recommendation report for Council’s consideration. Comments received at this public meeting will be considered and included in the final recommendation report. Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext. 2422 or nzambri@clarington.net . Attachments: Attachment 1 – Draft Zoning By-law Interested Parties: List of Interested Parties available from Department. Page 50 Attachment 1 to Report PDS-056-22 \\netapp5\group\ALL\REPORTS TO CLERKS\3 - Agendas\2022-12-05 PDC\Attachment 1 to Report PDS-056-22.docx 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 Number 20__-______ Being a By-law under the provisions of Sections 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to amend By-law No. 84-63, as amended, the Municipality of Clarington Comprehensive Zoning By-law, with respect to certain lands located in Part of Lots 9 & 10, Concession 2, Geographic Township of Clarke, Municipality of Clarington, Regional Municipality of Durham. 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 ZBA ___________; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Schedule ‘16’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from the “Agricultural Exception-1 (A-1) Zone” and “Residential Hamlet (RH) Zone” to the “Residential Hamlet Exception-XX (RH-XX) Zone" as illustrated on the attached Schedule ‘A’ hereto. 2. Section 9.3 of By-law No. 84-63, as amended, entitled “Special Exceptions - Residential Hamlet (RH) Zone”, is hereby amended by deleting the subsection numbered 9.3.XX and replacing with the following: “9.3.XX Residential Hamlet Exception-XX (RH-XX) Zone Notwithstanding Sections 9.1 and 9.2 of this By-law to the contrary, on lands within the Residential Hamlet Exception-XX (RH-XX) Zone, the following provisions shall apply: a) Minimum Lot Area 0.21 hectares b) Minimum Lot Frontage 26.0 metres In all other respects the provisions of the Residential Hamlet (RH) Zone shall apply.” Page 51 3. Schedule ‘A’ attached hereto shall form 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 of the Planning Act, R.S.O. 1990, as amended. Passed in Open Council this _____ day of ____________, 20___ __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Page 52 Page 53 Notice of Public Meeting A land use change has been proposed, we want to hear from you! The Municipality is seeking public comments before making a decision on an application for a proposed Plan of Subdivision and an application for a Zoning By-law Amendment. Proposal D.G. Biddle & Associates, on behalf of 1494339 Ontario Ltd. (Woodland Homes) has submitted a Subdivision and Zoning By-law Amendment application to permit the development of 37 street related townhouse units and 32 common element townhouse units on a medium density block. A total of 69 townhouse units are proposed. The proposal also includes park space and a stormwater management pond. Property 922 Green Road, Bowmanville Find Out More Information and materials submitted in support of this application are identified and/or available for viewing at the following website: https://www.clarington.net/BaselineDevelopment/ or at the Planning and Infrastructure Services desk located at 40 Temperance Street, Bowmanville ON L1C 3A6; 3rd Floor, between the hours of 8:30 a.m. – 4:30 p.m. during regular business days. For more information about this matter, including information about appeal rights, contact Nicole Zambri, Senior Planner, Development Review Branch at 905-623-3379, extension, 2422 or by email at nzambri@clarington.net Page 54 Public Meeting Information A Public Meeting has been scheduled for this application. Written comments are encouraged to be submitted prior to the Public Meeting. You can also request to be added to the interested party list to receive updates regarding this application. Public Meeting Date: December 5, 2022 Time: 6:30 p.m. How to Attend the Meeting You may provide comments at the Statutory Public Meeting either in person, by Microsoft Teams, or by telephone. In Person: Council Chambers Municipal Administrative Centre 40 Temperance Street, Bowmanville, ON L1C 3A6 Virtually: To participate electronically, please pre-register by completing the online form at http://www.clarington.net/delegations or contact the Clerk’s Division at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, December 2, 2022, at 3:30 p.m. A link and telephone number will be provided to you once registered. This meeting will also be live-streamed for public viewing at https://www.clarington.net/en/town-hall/council-meeting-calendar.aspx You do not need to pre-register as a delegate in order to speak in person. Please submit your written comments on the proposed application to Nicole Zambri at nzambri@clarington.net or by mail to 40 Temperance Street, Bowmanville, ON L1C 3A6 prior to the date of the public meeting. File Numbers: S-C-2022-0001 and ZBA2022-0002 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Ontario Land Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Carlos Salazar, MCIP, RPP Director of Planning and Infrastructure Services Page 55 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 5, 2022 Report Number: PDS-057-22 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO File Number: S-C-2022-0001 and ZBA2022-0002 Resolution#: Report Subject: Draft Plan of Subdivision and Rezoning for 69 residential units in Bowmanville Purpose of Report: The purpose of this report is to provide information and to gather input from the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1. That Report PDS-057-22 and any related communication items, be received for information only; 2. That Staff receive and consider comments from the public and Council with respect to the Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by 1494339 Ontario Limited (Woodland Homes) and continue processing the applications including preparation of a subsequent report; and 3. That all interested parties listed in Report PDS-057-22 and any delegations be advised of Council’s decision. Page 56 Municipality of Clarington Page 2 Report PDS-057-22 Report Overview The Municipality is seeking the public’s input on applications for a proposed Draft Plan of Subdivision and Zoning By-law Amendment submitted by 1494339 Ontario Limited to permit a total of 69 residential units consisting of 37 townhouses on public streets and 32 townhouse units in a medium density common elements condominium block, a park, open space and a stormwater management pond. 1. Application Details Owner: 1494339 Ontario Limited Applicant: D.G. Biddle & Associates Proposal: Draft Plan of Subdivision Proposed Draft Plan of Subdivision for 69 residential units consisting of 37 townhouses on public streets and 32 townhouse units in a medium density common elements condominium, a park, open space, and a stormwater management pond. Zoning By-law Amendment To rezone the subject lands from “Agricultural (A)“ and “Environmental Protection (EP)” zones to appropriate zones to permit the street townhouses and the medium density block. Area: 8.81 hectares Location: 922 Green Road, Bowmanville (see Figure 2) Within the Built Boundary: No Page 57 Municipality of Clarington Page 3 Report PDS-057-22 Figure 1 – Proposed Draft Plan of Subdivision and Surrounding Context 2. Background 2.1 On February 22, 2022, 1494339 Ontario Limited (Woodland Homes) submitted applications for a Draft Plan of Subdivision and Zoning By-law Amendment with Page 58 Municipality of Clarington Page 4 Report PDS-057-22 supporting documentation for 69 residential units consisting of 37 townhouses on public streets and 32 townhouse units in a medium density common elements condominium, a park, open space, and a stormwater management pond. The applicant would retain residual lands for future uses. 2.2 The applicant has submitted the following studies in support of the applications which have been circulated to departments and agencies for review. They are available upon request and will be analyzed in a future recommendation report.  Environmental Impact Study  Planning Rationale and Landscape Analysis Report  Archaeological Assessment Clearance  Traffic Impact Study  Arborist Report  Hydrogeological Report  Stormwater Management and Functional Servicing Report  Noise Impact Report  Site Servicing  Street Parking Plan 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located south of Baseline Road, and west of the Green Road, north of Highway 401. The site has frontage on Baseline Road, and on Green Road. There are significant grade differences from north to south and west to east on the site, indicative of a drumlin landform. A portion of the site has been cultivated. The remaining lands are wooded. 3.2 The surrounding uses are as follows: North – one single family resident, existing residential dwellings with a subdivision and a proposed draft plan of subdivision at the north-west corner of Green Road and Baseline Road; South – vacant land and Highway 401; East – one single detached dwelling, Clarington Fields which includes indoor soccer facility, outdoor soccer pitches, baseball diamonds, parking and washrooms; and West – existing large residential lots and cultivated lands. Page 59 Municipality of Clarington Page 5 Report PDS-057-22 Figure 2 – Lands Subject to the proposed Draft Plan of Subdivision and Zoning By-law Amendment Applications Page 60 Municipality of Clarington Page 6 Report PDS-057-22 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement (PPS) encourages planning authorities to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. 4.2 Healthy and active communities should be promoted by planning public streets to be safe, and meet the needs of pedestrians, foster social interaction, and facilitate active transportation and community connectivity. Compact and diverse developmen ts promote active modes of transportation such as walking and cycling. 4.3 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. 4.4 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Provincial Growth Plan 4.5 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Bowmanville Urban Area. Municipalities are encouraged to create complete communities by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open spaces and easy access to local stores and services. 4.6 The subject site is located within a designated Greenfield Area requiring a minimum density target of not less than 50 residents and jobs combined per hectare. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject lands as Living Area. Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. Page 61 Municipality of Clarington Page 7 Report PDS-057-22 5.2 The Durham Region Official Plan identifies Key Natural Heritage and Hydrologic Features on the subject lands. Development or site alteration is not permitted in Key Natural Heritage and Hydrologic Features, including any associated vegetation protection zone, as determined through an Environmental Impact Study. 5.3 Baseline Road is a Type A Arterial Road in the Region’s Official Plan. Clarington Official Plan 5.4 The Clarington Official Plan designates the subject lands primarily Urban Residential mainly along Green Road, south of Baseline Road and the balance is designated Environmental Protection. The Urban Residential designation is predominantly intended for housing purposes. A variety of densities, tenure and housing types encouraged, generally up to 3 storeys in height. 5.5 Natural Heritage Features are identified and mapped on the subject lands. The natural heritage features are designated Environmental Protection Area. The natural heritage system is to be protected and enhanced for the long term to promote responsible stewardship and provide sustainable environmental, economic and social benefits. Studies will determine the appropriate development limits and vegetation protection zone in accordance with the Official Plan. 5.6 Baseline Road is a Type A Arterial Road in the Clarington Official Plan. 5.7 To encourage connectivity within a neighbourhood, the Official Plan discourages cul -de- sacs and window streets. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject site “Agricultural (A) Zone” and “Environmental Protection (EP) Zone”. A Zoning By-law Amendment is required to permit the proposed townhouses on a public street and the medium density block. A draft zoning by-law is included as Attachment 1. 7. Public Notice and Submissions 7.1 Public Notice was mailed to each landowner within 120 metres of the all the subject lands on November 11, 2022 and public meeting signs were installed fronting Baseline Road and Green Road. 7.2 Staff received the following comments and concerns from the public . These comments and concerns will be addressed in the recommendation report.  Speed, noise and increased traffic on Baseline Road and Green Road;  Both public and separate schools are overcapacity; Page 62 Municipality of Clarington Page 8 Report PDS-057-22  Unnecessary population growth;  Increasing vandalism and crime;  Removal of trees;  Will the stream be altered;  Impact on wildlife;  Well interference; and  The need for institutional, recreational and general services to support the community and to generate jobs. 8. Department and Agency Comments 8.1 The following agencies and internal departments were circulated for comments on the applications. Below is a chart showing the list of circulated parties and whether or not comments have been received to date. Department/Agency Comments Received Summary of Comment Durham Region Planning Department  The Region has no objection to the draft approval of the plan of subdivision application subject to including the Region’s conditions of approval in the conditions of draft approval issued by the municipality. Durham Region Public Works Department  The Region has no comment on the Traffic Impact Study. Municipal water is available off of Baseline Road and a new watermain is proposed off of Green Road. The proposed sanitary sewer alignment is too deep to service the proposal. The Region suggests an alternative alignment along lands owned by the Municipality of Clarington, being the Bowmanville Indoor Soccer Fields. Further discussions with the Municipality’s Community Services Department and the applicant will be required to explore this option. Page 63 Municipality of Clarington Page 9 Report PDS-057-22 Central Lake Ontario Conservation Authority (CLOCA)  The site is within the Darlington Creek watershed. The east branch of the Darlington Creek traverses the property, and a drumlin feature is located at the north-east corner of the site. The Darlington Creek is part of the Natural Heritage System. The creek is designated as a Key Hydrologic Feature and the wooded areas have been designated Key Natural Heritage Feature. The applicant has submitted an Environmental Impact Study. The site was staked in October 2021, with CLOCA Staff and Municipal Planning Staff in attendance. The Vegetative Protection Zone (VPZ) was applied in developing the concept however some of the proposed development is within this area. Further discussions and revisions would be required. Additional information is required for the design of the Stormwater Management Facility. Kawartha Pineridge District School Board  The Kawartha Pine Ridge District School Board advises that approximately 13 public elementary students and 6 public secondary students will be generated from this proposal development. The School Board has no objection and provided conditions of draft approval regarding sidewalks, access to public road for school bus transportation, and warning clauses advising potential purchasers, that accommodation within the assigned schools may not be available to students and they may need to attend “holding schools” or an alternate school outside the community. Clarington Engineering Development Division  Development Engineering has no objections to the proposal in principle. The Traffic Impact Study (TIS) must be revised to include traffic generation from the Bowmanville Indoor Soccer Facility when it reaches full build out in 2025. In addition, the TIS must analyze the proposed sight distances on Green Road to ensure it meets the minimum safe stopping distances as prescribed in the TAC Manual. Page 64 Municipality of Clarington Page 10 Report PDS-057-22 Given the grades in the proposed park block, it would be difficult to program. These lands should be dedicated as green space. As such, the applicant will be required to provide an appropriate cash contribution in lieu of the normal parkland dedication. A 3.0 metre service easement is required for the sanitary sewer service connection across Municipal property. Any easements required by the Municipality for this development must be granted free and clear of any encumbrances and in a form satisfactory to the Municipality’s Solicitor. Functional Servicing & Grading report will need to be revised to address rear yard catch basins and easements to convey stormwater. The external sanitary sewer is proposed through private property. Further clarification is required. The applicant will be required to construct a 1.5 metre concrete sidewalk along Baseline Road heading eastbound which will ultimately tie into the Green Road intersection. The applicant is responsible the costs associated with the urbanization of Green Road from Baseline Road to 50 metres beyond the new public street. This will include but may not be limited to sidewalks, utilities, signage, and pavement markings. The Municipality will not accept any on-street parking along Green Road as currently proposed on the On Street Parking Plan. Clarington Emergency Services  No objection to the proposal Clarington Building Division Ontario Power Generation  No objection to the proposal Page 65 Municipality of Clarington Page 11 Report PDS-057-22 Canada Post Corporation Bell Canada  No objection to the proposal Rogers Hydro One Network Inc.  No objection to the proposal Enbridge Gas  No objection to the proposal PVNC District Catholic School Board Conseil Scolaire de District Centre-Sud- Quest Conseil Scolaire de District Catholique Centre-Sud 9. Discussion 9.1 The applicant must demonstrate through various studies, including an Environmental Impact Study that the proposed uses, being the street townhouse and the townhouses on the medium density block, as well as the infrastructure to support the development, will have minimal or no impact on the natural heritage system and hydrologic features on the site. These studies have been submitted by the applicant and are currently under review by municipal staff and outside agencies such as the Central Lake On tario Conservation Authority. A full analysis of the existing features and the EIS will be provided by the conservation authority and staff in a future report. 10.2 The proposed park is situated on top of the drumlin and has significant grade difference. It does not appear to be usable park space. Further review and discussion is required with the applicant. 10.3 The Noise Impact Study will need to be revised to include a vibration analysis form the blasting that occurs at St. Marys Cement and any mitigation measures associated with the blasting. The noise study should also include impacts from the OPG evacuation siren. 10.4 The proposed medium density block is adjacent to Baseline Road, consistent with the Official Plan policies. Future applications will be required for the medium density block, including site plan, condominium and part lot control. Page 66 Municipality of Clarington Page 12 Report PDS-057-22 10.5 The street related townhouse blocks that front onto the interior road show lot frontages of 6 metres as opposed to 7 metres. Further review and discussions will be required in order to satisfy Council resolution in this regard. 10. Financial Considerations 10.1 The recommendations of this report do not have any financial implications. 10.2 Financial implications of this project will be included in subsequent reports as more information becomes available. 11. Concurrence This report has been reviewed by the Director of Planning and Infrastructure Services Department and the Deputy CAO/Treasurer. 12. Conclusion The purpose of the Public Meeting report is to provide background information on the Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by to permit a total of 69 residential units for the Public Meeting under the Planning Act. Staff will continue processing the applications including preparation of a subsequent report. Staff Contact: Nicole Zambri, Senior Planner, (905) 623 3379 x 2422 or nzambri@clarington.net Attachments: Attachment 1 – Draft Zoning By-law Interested Parties: List of Interested Parties available from Department. Page 67 Attachment 1 to Report PDS-057-22 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 Number 2022-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit the development of 69 residential units consisting of 37 street townhouse dwellings, and 32 townhouse units in a common element’s condominium on the subject lands (ZBA 2022-0002); Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Schedule “3” (Bowmanville)” to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: 2. Agricultural (A) Zone to Holding- Residential Exception (H)(R3) Zone; and 3. Agricultural (A) Zone to Holding- Residential Exception (H)(R3-Y) Zone Notwithstanding Section 14.3 b.i) those lands zoned R3 -Y on the Schedules to this by- law shall be subject to the following zone regulations: a. Interior Lot Frontage 7 metres as illustrated on the attached Schedule “A” hereto. 4. Schedule “A” attached hereto shall form part of the By-law. 5. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 36 of the Planning Act. Passed in Open Council this _____ day of _____________, 2022 ____________________________ Adrian Foster, Mayor ____________________________ June Gallagher, Municipal Clerk Page 68 Page 69