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HomeMy WebLinkAbout03-06-2023Clar*wn Planning and Development Committee Post-MeetingAgenda Date: March 6, 2023 Time: 6:30 p.m. Location: Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario 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 Iatenaude@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. AudioNideo Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public by on the Municipality's website, www.clarington.net/calendar Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive 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 for a Proposed Draft Plan of Subdivision and Zoning By- 4 law Amendment Location: George Burley Street, Newtonville Applicant: Clark Consulting Services Planner: Sarah Parish, Planner, Development Review Division 5.1.1 PDS-012-23 Rezoning and Draft Plan of Subdivision for 12 25 Residential Units in Newtonville 5.2 Public Meeting for a Proposed Plan of Subdivision and Zoning By-law 36 Amendment Location: 2350 Courtice Road, Courtice Applicant: Riley Park Developments Inc. (Tribute Communities) Planner: Tracey Webster, Principal Planner, Development Review Division 5.2.1 PDS-013-23 Rezoning and Draft Plan of Subdivision for 140 42 Residential Units in Courtice 5.3 Public Meeting for a Proposed Plan of Subdivision and Zoning By-law 57 Amendment Location: 208 Given Road, Newcastle Applicant: D.G. Biddle and Associates, on behalf of 2103386 Ontario Ltd. Planner: Nicole Zambri, Senior Planner, Development Review Division *5.3.1 PDS-014-23 Rezoning and Draft Plan of Subdivision for 7 66 Residential Units within the Foster Northwest Secondary Plan in Newcastle Page 2 5.4 Public Meeting for a Proposed Plan of Subdivision and Zoning By-law 85 Amendment Location: 1440 Gord Vinson Avenue, Courtice Applicant: Holland Homes Planner: Nicole Zambri, Senior Planner, Development Review Division 5.4.1 PDS-015-23 Rezoning and Draft Plan of Subdivision for a Total 98 of 63 Residential Units in Courtice 6. Presentations/Delegations (10 minute time limit) *6.1 Delegation by Michael Fry, D.G. Biddle and Associates Ltd., Regarding Report PDS-011-23 Rezoning for the Removal of a Holding (H) Symbol, An Application by Trinity Star Developments 7. Reports/Correspondence Related to Presentations/Delegations 7.1 PDS-011-23 Rezoning for the Removal of a Holding (H) Symbol, An 112 Application by Trinity Star Developments Inc. 8. Communications 9. Staff Reports and Staff Memos 9.1 PDS-010-23 Hancock Neighborhood Phase 1A and 1 B, Certificate of 119 Acceptance and Assumption By -Law, and Final and Other Related Works 9.2 Memo-006-23 Letter of Undertaking 2786 Maple Grove Road 126 9.3 Memo-007-23 Request of Bowmanville Hospital Foundation for Mobile 128 Sign Locations on Public Properties for the We Care, We Can Awareness Campaign 10. New Business - Consideration 11. Unfinished Business 12. Questions to Department Heads/Request for Staff Report(s) 13. Confidential Items 14. Adjournment Page 3 Clarington Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on applications for an application for Zoning By-law Amendment and a proposed Draft Plan of Subdivision. Clark Consulting Services on behalf of 1044960 Ontario Limited has submitted Draft Plan of Subdivision and Zoning By-law Amendment applications to permit the development of twelve single -detached dwellings and a new public road at the south end of George Burley Drive in Newtonville. The applications have been deemed comalete. George Burley Street in Newtonville 0LQS�� r pa�yyr ,� 9 Block A 0 Detached Dwellings = Street 0 Environmental Protection Area CO Subject Site 10 11 I 12 9 Information and materials submitted in support of this application are identified and/or available for viewing on Clarington's website at the following link: Proposed Subdivision Development on George Burley Street - Clarington or in the Planning and Infrastructure Services Department (40 Temperance Street, Bowmanville ON L1 C 3A6) between 8:30 a.m. — 4:30 p.m. during regular business days. For more information about this matter, including information about appeal rights, contact Sarah Parish, Planner, Development Review Division at 905-623-3379, extension, 2432 or by email at sparish CcDclarington.net. Page 4 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: March 6t", 2023 Time: 6:30 p.m. How to Attend the Meetina 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 L1 C 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, March 3rd, 2023 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 Sarah Parish at sparishCc�clarington.net or by mail to 40 Temperance Street, Bowmanville, ON L1 C 3A6 prior to the date of the public meeting. File Numbers: ZBA2022-0013 and S-C-2022-0004 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 Local Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Carlos Salazar, MCIP, RPP Director of Plannina and Infrastructure Services Page 5 1? j'ji t r # 4 oC z 7 W m SfREIY• WEW V� y W1, h" Black A Detached Dwellings = Street Environmental Protection Area [] Subject site Statutory Public Meeting - George Burley Subdivision, Newtonville ZBA2022-0013 and S-C-2022-0004 March 6, 2023 • Owner: 1044960 Ontario Limited • Applicant: Clark Consulting Services • Application Details: • 12 single detached dwelling lots. • A new public road at the south end of George Burley Street. • The surrounding uses to the north and west are primarily residential dwellings, to the south is Highway 401, and to the east is a wooded lot. • We received one public submission since the public meeting notice was circulated. claftwil Application for zoning By-law Amendment (file #ZBA2022-0013 and S- C-2022-004),, Phase 3 Newtonville Estates Ontario Limited 1044960 — Veltri and Son limited Page 7 CLARK CONSULTING SRRVICRS George Burley Street in Nowtonville Site Description • Part of Lot 7, Concession 11 in the Municipality of Clarington, in the Region of Durham • 11.69 ac (4.69 Ha) in size • The subject property is roughly square with future road frontage (George Burley Street) on the East side of the proposed development. • Fronts on maintained road -George Burley Street Newtonville, Ont. Clark Consulting Services History of Subject Lands —Previous Phases • The proposed phase 3 development follows a phase 1 and 2 development plan which saw the construction of residential dwellings that currently surround the proposed phase 3 development • The subject lands were required for nitrate dilution serving the septic systems of Phase 1 and 2. • A Supplemental Hydrogeological Investigation in 2019 concluded that the nitrate concentration at the boundary of the proposed developed lands would be acceptable Development Proposal -Phase 3 • Proposal to subdivide the subject lands into 12 Residential lots within a Plan of Subdivision. • Increase the present subdivision from 39 to 51 lots and add an new access cul-de-sac road that will connect the 12 lots with the future extension of George Burley Street, Newtonville FIGURE 2 - CONCEPT k Newtonville Phase 3 , Veltri Construction � 5 _ - dr 5Ir _ 11 12- � 5Ir tiIr+' 5 9 10 5Ir =, - -_ 51r -'.51r _ tiIr I. _- 51 _ ,Ir -Lie-- - Lie +F 5Ir L_51r 51r de5Ir _ - 5Ir 5Ir - 5Ir i - 5I1 tiIr - - 5U — 5Ir �� _ 5Ir _ 5I1 _ - - - -I • - 2 - ,� _ 5Ir 5Ir _ _ - 5Ir •:Ir ,,II-. 5Ir - - 5I1- _ - _- 5Ir _ 5Ir - 5Ir Ir - r+ IL I Page 12 CLARK Provincial Policy (PPS, Growth Plan, Greenbelt and Oak Ridges Moraine Conservation Plan) 5.1 Provincial Policy Statement • Section 3 of the planning Act requires that decisions affecting planning matters "shall be consistent with" policy statements issued under the Planning Act. • The Policy for development in Settlement Areas is outlined in Section 1.1.3. Settlement Areas are to be the focus of growth and development. Appropriate development standards are to be promoted. New development is to take place adjacent to existing built up areas and at densities that allow for the efficient use of land, infrastructure and public service facilities. • The lands are identified in the Region of Durham Official Plan Settlement Area and in the Municipality of Clarington Official Plan as a Settlement Area Clark Con. . ing Services Provincial Polio PPS, Growth Plan, Greenbelt and Oak Rides Moraine Conservation Plan • 5.2 Growth Plan for the Greater Golden Horseshoe • Guiding Principles include achievement of complete communities through smart growth. Growth is to be allocated to fully serviced areas, however limited growth is permitted in settlement areas such as the subject lands that are not serviced by existing or planned municipal wastewater systems. • Section 2.2.9 provides policy for Rural Areas and specifically permits new multiple lots or units for residential development in site - specific locations which were designated for development on June 16t" , 2006. • The subject lands were designated as a settlement area in the Municipality of Clarington Official Plan prior to June of 2006 Clark Consulting Services Provincial Polio PPS, Growth Plan, Greenbelt and Oak Rides Moraine Conservation Plan • The Greenbelt plan was prepared and approved under the Greenbelt Act and took effect on December 16t", 2004. The recent amendment to the Greenbelt Plan was effective July 1, 2017. • This development complies with the Greenbelt plan and specifically directives set out in: — Section 3.4.4 (Hamlet policies) — Section 3.1.5 (Agri -Food Network) — Section 3.2.3 (Water Resources) — Section 3.2.6 (external connections) — Section 3.3 (maintenance of parkways and trails) — Section 3.4.2 (General Settlement Policies) • It is our opinion that the proposed lot realignment is consistent with and can comply with the policies of the Greenbelt plan Clark Consulting Services Provincial Policy (PPS, Growth Plan, Greenbelt and Oak Rides Moraine Conservation Plan • The subject property is not within the Oak Ridges Moraine Conservation Plan area. Clark Consulting Services Durham Region Official Plan Designation: "Major Open Spaces Areas". The subject lands are within the Rural Hamlet Settlement Area and conforms to: -Section 913.1.13 (Hamlet location) -Section 913.2.6 (Servicing Requirements) -Section 9B.2.11 (plan of Subdivision requirements) -Section 962.12 (consideration of municipal services) -Section 14.3.3( direction to municipalities re: hamlets) -The proposed development conforms to the ROP and will be subject to the Subdivision criteria as outlined in Section 14.7.2 Clark Corsulting, Services Municipality of Clarington Official Plan Designation: Settlement Area. Development should be consistent with sections -Section 12.2.3 (settlement location) -Section 12.3.3 (compatibility with Municipal services) -the proposed development complies with the requirements of the Clarington Official Plan Clark Con Services Zoning Bylaw —Zone Compliance The eastern boundary is adjacent to George Burley Street. The southern most boundary is adjacent to an environmentally protected area The northern and western boundaries are adjacent to existing residential development. The subject land currently is classified "EP 7" . Our application would see it re zoned as "RH 17" With the completion of a Zoning By-law Amendment for the subject lands the requirements of Zoning By-law 84-63 can be met. Clark Con Services Proposed Plan of Subdivision • Each lot frontage will have a minimum frontage of 22.4 m. • A cul-de-sac road will be created to service the proposed subdivision and will allow access from George Burley Street. • An engineering report is on file that supports the reduced lots sizes Clark Corsulting Services Other considerations.... • Stormwater Management Report—.... le Hydrogeological Assessment- Golder and Associates, May 6th,2019 — A supplemental Hydrogeological Investigation on May 6th, 2019 was conducted and revealed the nitrate loading of soils within the Veltri existing subdivision would meet the Provincial guidelines both pre- and post -development for the proposed development. The development will be serviced by a municipal water system. The province directs nitrate loading levels to not exceed 10 mq/L. The proposed development will be an estimated 9.8 Clark Consulting Services Other Considerations..... • Sewage Disposal — The proposed development will utilize Class 4 septic systems for the handling of wastewater from each residence. The Class 4 systems are currently used for the existing residences in the subdivision. The Golder report referenced in the preceding slide calculations were based upon a Class 4 system. Clark Consulting Services Conclusion The Veltri Group approached Clark Consulting Services (CCS) to prepare the necessary applications for the approval of 12 residential lots known as Phase 3 Newtonville Estates. This subject lands are to be developed within the spirit and direction set out in the Provincial, Regional and Municipal plans for future growth in the area. Clark Con& Services We welcome your comments and questi Clark Corsulting Services Clarftwn Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: March 6, 2023 Report Number: PDS-012-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO File Number: ZBA2022-0013 and S-C-2022-0004 Resolution#: Report Subject: Rezoning and Draft Plan of Subdivision for 12 residential units in Newtonville Purpose of Report: The purpose of this report is to provide information to the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1. That Report PDS-012-23 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 Zoning By-law Amendment and Draft Plan of Subdivision applications submitted by 1044960 Ontario Limited (Veltri and Sons Limited) and continue processing the applications including preparation of a subsequent report; and 3. That all interested parties listed in Report PDS-012-23 and any delegations be advised of Council's decision. Page 25 Municipality of Clarington Report PDS-012-23 Report Overview Page 2 The Municipality is seeking the public's input on applications for a proposed Zoning By-law Amendment and Draft Plan of Subdivision submitted by 1044960 Ontario Limited (Veltri and Sons Limited) to permit a total of 12 single detached dwellings on a new public street, in the Hamlet of Newtonville. 1. Application Details 1.1. Owner: 1044960 Ontario Limited (Veltri and Sons Limited) 1.2. Applicant: Clark Consulting Services 1.3. Proposal: Draft Plan of Subdivision Proposed Draft Plan of Subdivision for 12 single detached dwellings. Zoning By-law Amendment To rezone the subject lands from "Environmental Protection Exception (EP-7)" to an appropriate zone to permit 12 single detached dwellings. 1.4. Area: 16.7 hectares, with approximately 4.2 hectares intended for development. 1.5. Location: West of George Burley Street, south of Jones Avenue, east of Charles Tilley Avenue and north of Highway 401, Newtonville (see Figure 1). Page 26 Municipality of Clarington Page 3 Report PDS-012-23 Figure 1 — Lands subject to the proposed Zoning By -Law Amendment and Draft Plan of Subdivision Applications Page 27 Municipality of Clarington Report PDS-012-23 2. Background Page 4 2.1 In 2005, Veltri and Sons Limited received draft plan approval for lots in the south - east quadrant of the hamlet. The lots on Jones Avenue were registered in 2007, the lots on Charles Tilley Avenue in 2011. 2.2 On March 25, 2022, 1044960 Ontario Limited (Veltri and Sons Limited) submitted applications for a Zoning By-law Amendment and Draft Plan of Subdivision with supporting documentation for 12 lots for single detached dwellings on a new public street in the Hamlet of Newtonville. The lands subject to the current draft plan and Block A on Figure 1, were retained by Veltri as nitrate dilution areas for previously registered lots. The nitrate dilution areas were a recommendation in a hydrogeological study, approved by the Region of Durham, to ensure there was no impact to groundwater as a result of private sewage systems. The applicant has now applied for 12 single detached lots, on a portion of lands previously identified for nitrate dilution. 2.3 The applicant has submitted the following studies in support of the applications which have been circulated to departments and agencies for review. • Planning Justification Report and Urban Design Brief • Environmental Impact Study (EIS) • Sustainability Report • Hydrogeological Report • Traffic Brief • Landscape Design Brief • Stormwater Management and Functional Servicing Report • Civil Engineering Plans Package 2.4 The studies are being reviewed by staff and agencies and will be summarized in a future report. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located West of George Burley Street, south of Jones Avenue, east of Charles Tilley Avenue and north of Highway 401 in Newtonville. The site is relatively flat and covered with shrubs and mature trees. 3.2 The following are the surrounding land uses: • North — Single detached dwellings • West — Single detached dwellings • South- Vacant wooded lands • East —Vacant wooded lands Page 28 Municipality of Clarington Report PDS-012-23 4. Provincial Policy Provincial Policy Statement (PPS) Page 5 4.1 The Provincial Policy provides policy direction for appropriate development while protecting resources of public interest, public health and safety, and the quality of the environment. The PPS states that in rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration is promoted. 4.2 The PPS permits growth and development which will provide intensification that is appropriate in scale for the Hamlet of Newtonville. 4.3 The proposal is consistent with the Provincial Policy Statement. Provincial Growth Plan 4.4 The subject site is in a rural settlement area. The Growth Plan incudes policies to direct and encourage development to settlement areas. The proposal is a minor infill development within a rural settlement areas. 4.5 The proposal is consistent with the Provincial Growth Plan. Greenbelt Plan 4.6 The subject lands are within a designated hamlet within the limits of the Greenbelt Plan. Limited growth is permitted through infill and intensification of hamlets subject to appropriate water and wastewater services. 4.7 The proposal is consistent with the Greenbelt Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject lands as Hamlet. Hamlets primarily consist of single detached dwellings. Limited growth can occur only in those hamlets that are determined to be suitable for further development. Hamlets shall be individually serviced with drilled wells and private sewage systems in compliance with Ministry of Environment, Conservation and Parks (MECP). 5.2 Schedule B to the Region's Official Plan shows Key Natural Heritage and Hydrogeologic Features adjacent to the subject site. An Environmental Impact study is required. 5.3 The proposal is consistent with the Regional Official Plan. Page 29 Municipality of Clarington Report PDS-012-23 Clarington Official Plan Page 6 5.4 The Clarington Official Plan designates the subject lands as Hamlet Residential. The Hamlet Residential designation is predominantly intended for housing purposes. Policy 12.4.5 in Clarington's Official Plan dictates that the following provisions apply to the Hamlet of Newtonville: i) All development shall be serviced by municipal water; ii) The minimum lots size of 0.4 hectares, which applies to all rural settlement areas, 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; iii) No further development shall be permitted upon reducing the capacity of the municipal water supply system, regardless of whether designated lands remain vacant; and iv) No further development shall be permitted if there is evidence of soil and groundwater contamination, which cannot be mitigated until the contamination is addressed to the satisfaction of the approval authorities. 5.5 The site is within proximity to lands designated Environmental Protection. An Environmental Impact Study (EIS) is required to determine the proximity of natural heritage features mainly to the south and east. An EIS has been submitted and is under review by the Conversation Authority and Municipal Staff. 5.6 The proposal is consistent with the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject site "Environmental Protection (EP)", and "Environmental Protection Exception (EP-7) Zone". A Zoning By-law Amendment is required to permit the proposed 12 lots for single detached dwellings. 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 subject lands within the hamlet boundary and 300 metres of the subject lands outside the hamlet boundary. Notice of the Public Meeting was installed on the property. 7.2 At the time of writing this report no public comments had been received. Page 30 Municipality of Clarington Report PDS-012-23 Page 7 7.3 On December 8t", 2022, Staff met with residents residing on Jones Avenue and Charles Tilley Crescent, within the first two phases of Veltri's development. The residents expressed concerns regarding the following: • Residents paid a premium for the lots because the backed onto open space; • Resident's use the subject lands and Block A for recreational enjoyment and walking trails will no longer be permitted; • Concern that the Municipality did not retain the subject lands and Block A with the original approvals; and • Questions regarding the next steps in the planning process. 8. Agency Comments Regional Municipality of Durham 8.1 The Region considers the proposed development premature until such time as the hydrogeological investigation has been peer reviewed to the Region's satisfaction. Ganaraska Region Conservation Authority (GRCA) 8.2 The subject property is located partially within a GRCA regulated area, as such a permit is required from the Authority for development within the GRCA regulated area. 9. Departmental Comments Development Engineering 9.1 Development Engineering has no objections to the proposal in principle. All comments will be addressed through the ongoing subdivision process. Emergency and Fire Services 9.2 Emergency and Fire Services have no objection to the proposal. Page 31 Municipality of Clarington Report PDS-012-23 10. Discussion Page 8 10.1 The proposed draft plan is consistent with the Provincial Policies, provided it can be demonstrated through the appropriate studies that development is appropriate for that particular area. 10.2 The current proposal has lots ranging from 2000 square metres to 5,500 square metres. The policies of the Clarington Official Plan allows for a reduction in lots sizes from the minimum 4000 square metres (0.4 hectares) for all rural settlement areas provided it can be demonstrated that there will be no impact to soil or groundwater. The original hydrogeological study was initially prepared in 1991 has been updated to demonstrate the current proposal can be supported. The Region of Durham Official Plan policies require this report to be peer reviewed by an independent consultant, under the direction of the Region. 10.3 The applicant has provided an Environmental Impact Study which is currently under review by the appropriate agencies and municipal staff. 10.4 The existing residents have asked why the Municipality did not require transfer of the subject lands and Block A, at the time the lots were approved. The reasons are three- fold: Firstly, the Region of Durham Health Department as a condition of approval, required the lands to remain with the subdivision and in the ownership of the developer. The developer would maintain the lands to ensure groundwater quality met the regional and provincial standard and remediate if required. 2. Secondly, the municipality would not accept lands with such an encumbrance. 3. Finally, the Municipality rarely requires the dedication of lands within rural areas or in the case of a hamlet, for a park. There is a park west of the subject site on the north side of Jones Avenue. The subject lands are not contiguous to other publicly owned open space where trails or other recreational uses that would be available for the general public. 10.5 The residents are concerned that they would lose the enjoyment of the subject site and Block A for their recreational enjoyment. As Veltri and Sons allowed the use of these lands for residents recreational use, and so then would have assumed the maintenance and liability. 11. Financial Considerations Financial implications of this project will be included in subsequent reports as more information becomes available. Page 32 Municipality of Clarington Report PDS-012-23 12. Concurrence Page 9 This report has been reviewed by the Director of Planning and Infrastructure Services Department and the Deputy CAO/Treasurer. 13. 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 12 lots for single detached dwellings for the Public Meeting under the Planning Act. Staff will continue processing the applications including preparation of a subsequent report. Given the changing land use legislation and provincial mandates that are impacting the municipality and the agencies involved in the development process, as well as the availability of local resources, the Municipality cannot commit to a specific date to bring a recommendation report forward. Staff is committed to expeditiously review and process applications, this timing is also impacted by the willingness of the applicant to meet Council policies and standards and provide the information in a timely manner. Staff Contact: Sarah Parish, Planner II, 905-623-3379 x 2432 or sparish _clarington.net Attachments: Attachment 1 — Draft Zoning By -Law Interested Parties: List of Interested Parties available from Department. Page 33 Attachment 1 to PDS-012-23 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 2023-XXXX 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 for ZBA 2022-0013; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "16" (Newtonville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Environmental Protection Exception (EP-7) Zone" to "Holding -Residential Hamlet (H)(RH-XX) Zone"; as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 36 of the Planning Act. Passed in Open Council this day of .2023 Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 34 This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D. I I I I o ,W I1 I I I I ma Zoning Change From 'EP-7' To'(H) PH-XX' N W E 5 Newtonville • S-C-2022-0004 and ZBA 2022-0013 Schedule 16 Page 35 Clarbgton 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 an application for a Zoning By-law Amendment and a proposed Plan of Subdivision. Riley Park Developments Inc. (Tribute Communities) have submitted a subdivision and zoning by-law amendment application to permit 50 single detached dwellings, 24 semi-detached dwellings and 66 townhouse dwellings. The plan includes future development adjacent to Courtice Road. The applications have been deemed complete. 2350 Courtice Road, Courtice Y Environmental Protection Area 4 S -��'' Walkway o o i n �. n �1 Y • 0 "j 0 Subject Site Future Development II Environmental Protection Townhouse Dwellings 9i Walkway Walkway ;X" 1 Road Widening 0 Semi -Detached Dwellings Roadways = Single Detached Dwellings N Information and materials submitted in support of this application are identified and/or available for viewing at the following website: https://www.clarington.net/2350CourticeRoad or at the Planning and Infrastructure Services desk located at 40 Temperance Street, Bowmanville ON L1C 3A6; 1 st 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 Division at 905-623-3379, extension, 2415 or by email at twebster(a)clarinaton.net. Page 36 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: March 6, 2023 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 L1 C 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, March 3, 2023, 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 twebsterCc)_clarington.net or by mail to 40 Temperance Street, Bowmanville, ON L1 C 3A6 prior to the date of the public meeting. File Number(s): ZBA2022-0006 and S-C-2022-0003 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 4 *+" J+. k y ti s y{� • yap- �x� � _� - { ; Enwironmenum mnecti" t Area P � wit 4F � �I ' -=2 , * Jag , -; 0 WMk-W !, T► 5 4N s 0 Sub)ed Sik- L --- � Future De r:aprnenL Seni-DetvJled Dm!�Bings PXM& :afs = Envirwvne Lel PmLeaim © Tarrnh w!ae DwOhN!, G Single Detadrxl Uwellirgs Statutory Public Meeting, ZBA2022-0021 and S-C-2022-0011 March 6, 2023 • Owner/Applicant: Riley Park Developments (Tribute Communities) • Application Details: • 50 single detached dwelling lots • 24 semi-detached units • 66 Street -related townhouses • A block for future medium density within the Regional Corridor • An Environmental Protection Area. • The surrounding uses include residential to the north, Holy Trinity Catholic Secondary School, Good Sheppard Catholic Elementary School and residential to the west, cultivated lands and existing residents on large lots to the east and cultivated and pasture lands to the south. Page 38 C]aFftMR Planning & Development Committee Statutory Public Meeting Application for Rezoning and Draft Plan of Subdivision Riley Park Developments Inc. 2350 Courtice Road MIA rr SUBJECT LAND a r L ik w%,WilkinsCr2SC_er[.. r . 'IF �• r, •. T Y� -- IF s� "I -Or -K lk AS j Proposed Subdivision j Tribute communities YEARS i STAGEMASrER CRESENT i NG Proposed Active Transportation Plan Tribute communities YEARS @ n \ J0 `rj f[ESID�N'!YA ENVIRONMENTAL PROTECTIONAREA e ►t ,r -""ems � �,� GOOD SHEPHERD ELEMENTARY .. SCHOOL 2 O - _. HOL Y TRINIrY SECONDARYSCHOOL - WEADO WGLADE ROAD x. FUTURE RESIDER ML EXISTING R,OENnAL LOTS 11 - �• I RESIDENTIAL LOTS i n 0 AEDIUM DENSITY DEVELOPMENT t n m a A O m G7 O _ z n r O n 6 MEDIUM DENSM DEVELOPMENT PROPERTY BOUNDARY FUTURE BICYCLE PATH (TWO WAY) -w FUTURE 3.5m WIDE MULTI -USE PATH PROPOSED 3.Om WIDE WALKWAY PROPOSED 1.5m WIDE SIDEWALK FUTURE SIDEWALK EXISTING SIDEWALK PROPOSED TRAIL (3m WIDTH) STREET'A' (LOCAL ROAD) Clarftwn Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: March 6, 2023 Report Number: PDS-013-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO File Number: S-C-2022-0003 and ZBA2022-0006 Resolution#: Report Subject: Rezoning and Draft Plan of Subdivision for 140 Residential Units in Courtice Purpose of Report: The purpose of this report is to provide information to the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1. That Report PDS-013-23 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 applications; and 3. That all interested parties listed in Report PDS-013-23 and any delegations be advised of Council's decision. Page 42 Municipality of Clarington Report PDS-013-23 Report Overview Page 2 The Municipality is seeking the public's input on applications for a proposed Draft Plan of Subdivision and Zoning By-law Amendment submitted by Riley Park Developments Inc. (Tribute Communities) to permit 50 single detached dwellings, 24 semi-detached units, 66 street townhouse units for a total of 140 residential units and blocks for Future Development within a Regional Corridor. The subject lands are partially within the Southeast Courtice Secondary Plan. 1. Application Details 1.1 Owner/Applicant Riley Park Developments (Tribute Communities) 1.2 Proposal: Draft Plan of Subdivision The proposed Draft Plan of Subdivision for 140 residential units consisting of 50 single detached units, 24 semi-detached units, 66 townhouse units and blocks for Future Development Block within the Regional Corridor, and Environmental Protection Area. Zoning By-law Amendment To rezone the subject lands from "Agricultural (A)"and "Holding - Urban Residential Type One (H) RV to an appropriate zone to permit the proposed residential uses. 1.3 Area: 9.1 hectares 1.4 Location: 2350 Courtice Road, Courtice (see Figure 1) 1.5 Within the Built Boundary no Page 43 Municipality of Clarington Report PDS-013-23 Page 3 ���� � � �-+ � � EnvlronmenWl arotecda�s 4 7' +�@ 1 4 _ f I4 F a "e EEp f� i d V r f rq 6L Yld�.nati' � 1 .6 4 I 0 SubpaSite Ll Fuhrre Dedopne'd ._' Se,W-oeiad, d D dings ■ Ruad a)S &T k, renlel P+aLnc',im T—m -- Owellirgs Sirgk OA—J+ed shushing, 3Rndnrq'am Ia N r ZBA2022-0006 and SC2022-0003 h i �g I 1. II .. # to)( 0 I ,r 4OF s lam• ------ ESIoaF Srees s r � v 1 ° r ldpr[d i j$EC$P dnr<Adry F1ign 0?nsnyA1ne4 U5a QElorpnm tal PIO*aon Area 'x, ' ,Fnumnn W r' 111 Ester .raz ^ Wy Arw- F. W— D-0 Ragrsul Co.rrticr Low baf V•F PA&de,I'31 waleroourno r � Elerne+naryr Schad {7Ri Nerrharrhoad PlA + P.orrrmenl InEerrcGrn t}gne"4 � �--r^x,-cr+�ararrorar.-�arlory{S�h'FY Figure 1: Aerial of the Draft Plan of Subdivision submitted by Figure 2: Detailed Draft Plan of Subdivision submitted by Tribute. Figure 3: Schedule A Southeast Courtice Secondary Plan Land Tribute. Use Page 44 Municipality of Clarington Report PDS-013-23 2. Background Page 4 2.1 On March 30, 2022, Riley Park Developments Inc. (Tribute Communities) submitted applications for a Draft Plan of Subdivision and Rezoning for 140 residential units consisting of 50 single detached units, 24 semi-detached units, 66 townhouse units and a Future Development Block within the Regional Corridor, and an Environmental Protection Area. 2.2 In April 2022, the applications were deemed incomplete since there was an appeal related to the medium density requirement for the Medium Density Regional Corridor designation of the Southeast Courtice Secondary Plan. Through discussions with Staff, it was determined that the application could proceed with the lands within the Medium Density Regional Corridor being identified as a Future Development Block. A future Zoning By-law Amendment application will be required for that block. 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 report. • Planning Justification Report • Traffic Impact Study • Stormwater Management • Functional Servicing Report • Noise Impact Report • Phase One Environmental Site Assessment • Environmental Impact Study • Landscape Analysis • Parling plan • Stage 1 & 2 Archeological Assessment • Hydrogeological and Geotechnical Reports • Tree Preservation and Arborists Reports • Environmental Sustainability Report 3. Land Characteristics and Surrounding Uses 3.1 The subject land is located west of Courtice Road, south of Durham Highway 2 and north of Bloor Street, in Courtice. The majority of the site is cultivated. There is a small woodlot in the north-west quadrant of the site. 3.2 The surrounding uses are as follows: North- woodlot, existing residential beyond Page 45 Municipality of Clarington Report PDS-013-23 Page 5 West — Holy Trinity Catholic Secondary School, Good Sheppard Catholic Elementary School and existing residential beyond East - cultivated lands and existing residents on large lots South - cultivated and pasture lands 4. Provincial Policy Provincial Policy Statement (PPS) 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, liveable, 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 Growth and development are focused within urban and rural settlement areas. Development within these areas must meet the full range of current and future needs of its population by employing efficient development patterns and avoiding significant or sensitive resources and areas which may pose a risk to public health and safety. 4.3 Land use patterns should promote a mix of housing, including affordable housing, employment, recreation, parks and open space, and transportation choices that increase the use of active transportation and transit before other modes of travel. 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 Growth Plan requires the protection and management of important hydrologic and natural heritage features and areas in planning for future growth. Planning for large scale development within the Southeast Courtice Secondary Plan area is informed by the Robinson / Tooley Subwatershed Plan. 4.6 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. Page 46 Municipality of Clarington Report PDS-013-23 5. Official Plans Durham Region Official Plan Page 6 5.1 The Durham Region Official Plan designates the subject lands as Regional Corridor and Living Area. Regional Corridors shall be planned and developed as higher density mixed -use areas, supporting higher order transit services and pedestrian oriented development. An overall, long-term density target of at least 60 residential units per gross hectare and a floor space index of 2.5 shall be supported. 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. Courtice Road is a Type `A' Arterial Road in the Region's Official Plan. 5.3 The proposal conforms to the Durham Region Official Plan. Clarington Official Plan 5.4 The Clarington Official Plan designates the subject lands as Urban Residential, Regional Corridor and Environmental Protection Area. 5.5 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. 5.6 Regional Corridors 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. 5.7 Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment and their ecological functions are to be conserved and protected. The presence and precise delineation of these features and the level of development acceptable shall be determined through an Environmental Impact Study. 5.8 Courtice Road is a Type A Arterial Road, under the jurisdiction of the Region of Durham. The entrance to Holy Trinity Secondary School from Courtice Road has long been contemplated as the future extension of Meadowglade Road. Background work for an Environmental Assessment for Meadowglade Road is currently underway. Meadowglade Road is proposed as a Type C Arterial Road under the Municipality's jurisdiction and will be extended from Trulls Road to Hancock Road. The proposed new road connecting Fieldcrest Avenue and Meadowglade Road will be a local road. Page 47 Municipality of Clarington Report PDS-013-23 Southeast Courtice Secondary Plan (SECSP) Page 7 5.9 The Southeast Courtice Secondary Plan designates a portion of the subject lands as Medium Density Regional Corridor along Courtice Road, see Figure 2. These lands will be subject to a future development approvals process. 5.10 The Secondary Plan establishes that development within the 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. Those lands are identified in Figure 2 as "Future 5.11 The Secondary Plan establishes policies to ensure that development contributes to an attractive and animated public realm, fine grain connectivity, an enhanced pedestrian environment, and appropriate transitions between areas of different development intensity and uses. 5.12 Southeast Courtice Urban Design and Sustainability Guidelines were approved to provide direction in the form of design guidance and strategies to implement the vision and objectives of the Southeast Courtice Secondary Plan. Guidance addresses community structure, street, and block patterns, built form, public realm (including roads), cultural and natural heritage, stormwater management, transitions between uses and implementation. 5.12 Southeast Courtice Urban Design and Sustainability Guidelines were approved to provide direction in the form of design guidance and strategies to implement the vision and objectives of the Southeast Courtice Secondary Plan. Guidance addresses community structure, street, and block patterns, built form, public realm (including roads), cultural and natural heritage, stormwater management, transitions between uses and implementation. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject site "Agricultural (A) Zone" and (Holding- Urban Residential Type One (H) R1) Zone. A Zoning By-law Amendment is required to permit the proposed the residential uses. A draft zoning by-law prepared by the applicant is included as Attachment 1. Text related to proposed zoning applied to the Future Medium Density Residential Block is shown in strikeouts since a future zoning by-law amendment application is required. 7. Public Notice and Submissions 7.1 Public Notice was mailed to each landowner within 120 metres of the subject lands and a public meeting sign was installed on Courtice Road and Pingle Drive. Municipality of Clarington Page 8 Report PDS-013-23 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. 8. Department and Agency Comments 8.1 The following departments and agencies were circulated for comment on the applications. Attachment 2 includes a chart showing the list of circulated parties and whether or not we have received comments. 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. 10. Discussion 10.1 The lands are designated Low Density Residential, Medium Density Regional Corridor and Environmental Protection Area. The draft plan is consistent with the housing type permit in the Low -Density designation, however the exact developable area must be confirmed through an Environmental Impact Study (EIS). The applicant has submitted the EIS and it is currently under review by municipal staff and the conservation authority. 10.2 Meadowglade Road is a Type C Arterial Road and will eventually extend to Hancock Road. Background work for phase 3 and 4 of the Environmental Assessment for the extension of Meadowglade Road. The EA will commence, and notice will be provided once the Ministry of Environment Conservation and Parks approves the Transportation Master Plan for the SECSP. Further discussion with the Separate School Board will also be required regarding the laneway and future servicing to the south. 10.3 Medium Density Regional Corridor is adjacent to Courtice Road. For development to proceed, site plan approval will be required. The rezoning of these lands will not occur until an application for site plan approval has been submitted and is acceptable to staff and the appropriate agencies. A further Public Meeting for the rezoning of these lands will be required at a future date. 10.4 Development cannot proceed until the Tooley/Robinson Creek Subwatershed Study has been completed. The Subwatershed Study identified locations for stormwater management ponds, one of which is located in the draft plan to the south for which there are no Planning Act applications. The actual development of the subject lands cannot occur until the stormwater management pond is in place and is functional. Page 49 Municipality of Clarington Page 9 Report PDS-013-23 11. Concurrence This report has been reviewed by 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 140 residential units for the Public Meeting under the Planning Act. Staff will continue processing the applications including preparation of a recommendation report. Given the changing land use legislation and provincial mandates that are impacting the municipality and the agencies involved in the development process, as well as the availability of local resources, the Municipality cannot commit to a specific date to bring a recommendation report forward. Staff is committed to expeditiously review and process applications, this timing is also impacted by the willingness of the applicant to meet Council policies and standards and provide the information in a timely manner. Staff Contact: Tracey Webster, Principal Planner, (905) 623 3379 x 2424 or twebster(aD_clarington.net Attachment 1 — Draft Zoning By-law prepared by Applicant Attachment 2 — Agency Comment Table Interested Parties: List of Interested Parties available from Planning and Infrastructure Services Page 50 Attachment 1 to Report PDS-013-23- The Corporation of the Municipality of Clarington By-law Number 2023-, 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 ZBA2023-XXXX; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "A — Agriculture Zone" and "(H)RI — Urban Residential Type One Zone" to "Urban Residential Type Three (R3) Exception (R3-XI) Zone", «Resi ential ne;.,ed Use Ex-Ge„tion inn► ►2_n F and "Environmental Protection (EP)" as illustrated on the attached Schedule 'A' hereto. 2. Notwithstanding Section 2 (Definition): "Storey" Shall mean the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it and portions that provide access to roof terraces. 3. 4. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is hereby amended by introducing a new Subsection 14.6.X1 as follows: "Exception X1: A. Notwithstanding Section 14.1(a), the following uses are permitted: a. Single Detached Dwelling b. Semi -Detached Dwelling c. Street Townhouse Dwelling d. Walkways e. Open Space f. Parks g. Roads & Road Widening Blocks B. Notwithstanding Sections 14.1(a) and 12.2, the following zone regulations shall apply: a. Lot Area (Minimum) i. Single -detached 240 square metres ii. Semi-detached 450 square metres iii. Street Townhouse 150 square metres b. Lot Frontage (Minimum) i. Single Detached a. Interior Lot 7.6 metres b. Exterior Lot 11.0 metres ii. Semi-detached a. Interior Lot 15.0 metres Page 51 b. Exterior Lot iii. Street Townhouse a. Interior Lot b. Exterior Lot c. Yard Requirements (Minimum) i. Single Detached a. Front Yard to the dwelling b. Exterior Side Yard c. Interior Side Yard other side d. Rear Yard ii. Semi-detached a. Front Yard to the dwelling b. Exterior Side Yard c. Interior Side Yard d. Rear Yard iii. Street Townhouse a. Front Yard to the dwelling b. Exterior Side Yard c. Interior Side Yard common walls) d. Rear Yard d. Dwelling Unit Area (minimum) e. Lot Coverage (Minimum) f. Landscaped Open Space (Minimum) g. Building Height (Maximum) 15.0 metres 6.0 metres 7.0 metres 6.0m to private garage and 4.5m 3.0 metres 1.2 metres and 0.6 metres on the 7.5 metres 6.0m to private garage and 4.5m 3.0 metres 1.2 metres 7.5 metres 6.0m to private garage and 3.Om 3.0 metres 1.2 metres and 0.0 metres (for 6.0 metres Not applicable Not applicable Not applicable 12 metres C. Notwithstanding any other provision of By-law 84-63 to the contrary, on lands zoned Urban Residential Type Three (R3) Exception (R3-XI) Zone the minimum setback to a sight triangle shall be 1.0 metre. In addition, unenclosed porches, steps, patios, ramps, attached or directly abutting the principle or main building; either above or below grade; may project into any required yard to a distance no closer than 0.5 metres to a sight triangle. B. Notwithstanding Sct'ens�2,the fellewing uses are nermitTc� a Opartment buildinns h Townhouses G. StaGked tOWRhel ices d. BaGk to batik tewnhouses e 0GGesser\/ buildings, Page 52 ► 1 � I ► IIIIINVA • 6. All other provisions of By-law 84-63 shall apply. 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 and 39 of the Planning Act. Passed in Open Council this day of , 2023. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 53 THIS IS SCHEDULE `A TO BY-LAW 2023- PASSED THIS DAY OF 2023 A.D. STAGEMASTER CRESCENT hf' PINGLE DRIVE R3-X1 a a O w U U O MEADOWGLADE ROAD Zoning Change from "A" and "(H)R1" to "MU2-A", R3-XV and EP N MAYOR Courtice Schedule 4 CLERK Page 54 Attachment 2 to PDS-013-23 Department/Agency Comments Summary of Comments Received Development Engineering Formal comments are being prepared. Informal comments indicate the application is premature since the proposed stormwater management facility is proposed on undeveloped lands to the south. The applicant will be required to construct Meadowglade Road along the frontage of the development. Background work for an Environmental Assessment (EA) for the alignment of Meadowglade Road is being done. Phase 1 and 2 were approved through work done on the Southeast Courtice Secondary Plan (SECSP). Phase 3 and 4 of the EA process will commence once the Ministry of Environment Conservation and Parks approves the Transportation Master Plan for the SECSP. The report will confirm the alignment of Meadowglade Road from just east of Trulls Road to Courtice Road to be incorporate with the detailed design of the development. The applicant is currently deficient on street parking which will require further discussion. Building Division Fire and Emergency ✓ No concerns provided Services Accessibility Committee ✓ No concerns provided. Region of Durham (Planning, Works, & Transit) Page 55 Attachment 2 to PDS-013-23 Durham Region Police Services Central Lake Ontario ✓ Comments on the Environmental Conservation Authority Impact Study, Functional Servicing Report and Geotechnical/Hydrogeological reports were provided requiring additional information/clarification. School Boards PVNCCDSB ✓ Advised that the laneway that services Holy Trinity Catholic Secondary School is owned by the school board. Board Staff recognizes that this has been planned as the future extension of Meadowglade Road. In addition, stormwater management and municipal service connections are planned for underneath the laneway. Further discussions with Board Staff will be required. The location of a walkway into Good Sheppard Elementary School and Holy Trinity Secondary School is not desirable and the Board requests it be removed. Hydro One ✓ No comments or concerns Enbridge ✓ No concerns provided Canada Post Corporation Bell Canada ✓ Standard conditions requested for draft approval. Rogers ✓ Standard conditions requested for draft approval. CMHC Page 56 Clarbgton 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 an application for a Zoning By-law Amendment and a proposed Plan of Subdivision. D.G. Biddle & Associates, on behalf of 2103386 Ontario Ltd has submitted a draft plan of subdivision and Zoning By-law Amendment application to facilitate the creation of 7 detached dwelling lots in Newcastle. The amendment also requests the rezoning of 6 detached dwelling lots within the adjacent draft approved subdivision to address the deficiencies in lot area and lot frontage which was the result of an administration error when the Zoning By-law was approved for the subdivision. The aaalications have been deemed complete. 208 Given Road, Newcastle SC 2022-0013 ZBA2022-0017 - - r _,Cr - I I Information and materials submitted in support of this application are available for viewing at the following website: www.clarington.net/GivenRoadDevelopment or at the Municipal Office 40 Temperance Street, Bowmanville ON L1 C 3A6, 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 Division at 905-623-3379, extension, 2422 or by email at nzambri(o)_clarington.net 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: Monday March 6, 2023 Time: 6:30 p.m. How to Attend the Meetina 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 L1 C 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, March 3, 2023, 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 L1 C 3A6 prior to the date of the public meeting. File Number: ZBA2022-0017 and S-C-2022-0013 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. �IC Carlos Salazar, MCIP, RPP Director of Planning and Infrastructure Services Page 58 Statutory Public Meeting, ZBA2022-0017 and S-C-2022-0013 March 6, 2023 • Owner: 2103386 Ontario Ltd. • Applicant: D.G. Biddle and Associates Ltd. • Application Details: • 7 single detached dwelling lots • 6 Lots within an existing plan of subdivision to be rezoned • The surrounding uses in all directions are primarily residential dwellings. To the south of 208 Given Road is a stormwater management pond. C]aFftMR i O.G. Biddle & Associates Limited consulting engineers and plarner�Page60 208 Given Road, Newcastle(slide 2) Site and Neighbourhood context: • The subject property is located on the north side of Given Road and flanks onto Rudell Road. • The property has a frontage of 66.5m (218ft. ), and an area of 4087.32m2 (1.01 acres) • Existing on the property are two detached dwellings. • The property is surrounded by new subdivision development to the north and west and existing detached dwellings to the south and east Page 61 208 Given Road, Newcastle (slide 3) Site and Neighbourhood context: • The surrounding lands of the property include one & two -storey detached dwellings. • On the east side is existing one & two - storey detached dwellings and the west side has recently started construction and will be a mix of single detached dwellings and block townhouses. • To the south of the property, is an existing Storm Water Management Pond. Page 62 208 Given Road, Newcas Proposed Development: • The proposal includes the creation of seven detached dwelling lots. • Three lots are proposed to front onto Flood Avenue with zone category R2- 71 to allow for 10m wide lots. • Four lots are proposed to front onto Rudell Road with zone category R2-72 to allow for 12.2m wide lots. • All lots have been pre -serviced. tie (slide 4) r_s 14.9 87 88 89 90 16.4 96 ! 97 FROM A-1 198 TO R2-72 NUE -------- or 7 NT 11.3 1'.3 -1..31'..3 d 103 1102101 100 99 1 Off w -- ._ BLOCK 33 FROM A 1 . . . . . . . . .... TO R- 1 Page 63 Foster Creek Northwest Plan of Subdivision ,as 1l,a Ii 4,7 184' oy FROM R2-54_as slide 5 _ r- ,_ —�Li 24539 �I+a , Required Approvals: \i!,\, >1 • Phase I of the Foster Creek West Subdivision is currently registered and construction in underway. • A change to the zone category of ten lots is required to meet the minimum lot frontages and areas. The requested zone category is R2-71. • Approximately one -quarter of the draft approved lots within the plan of subdivision area are already zoned R2- 71. Q5 4 OT VI 5 221 rao . 219 ~ 210 ! TO R2-7I _ ------ -GPADY - 3 rY+laK'! - 121 11] '13 11.3 '1.1 la i 1� 15.i la-2ILi 1" 424 i3j 1L2 %1.3 145 157 158 152 1l➢0 151 162 163 164 155 106 167 - 188 1 I i 19 18 t7 16 15 14 13 12 11 10 9 a Z FROM R2-54 154 153 152 151 150 142 148 14711451145 24 21 22 23 24 25 2a 27 28 29 3a 31 32 33 1 �y 7,{ TO R2—f I °:` tls I1.! 1� 1 3 1_ IL7 ; '44:7 „ ,.;- -a too- •±n t_o •a- +sa to-c •co loq00 D —.f ART— Q1- ii �--T—.—.—.---.—.—.—.—.--_•—•_•—•_•—•—_—_---.—._.- W_ 217 2100 x _ 218 t7 201 = 215 202 ry 214 " _ 213 203 — ]2A A 204 = 212 xs<o 133 d 134 135 136 137 138 K 139 14C 132� T31 130 129 12A 127 126 12". ,57 127 11.1 Ili r 113 211 205 I --- ----- -------------------- .----- .----- ----- t - 210 200 1z2 1 11� 1' t13 •, 1 113 13 1TJ 113 11I 207 s 7 +•-9 j 109 110 111 112 113 114 113 116 117 118 119 120 3114 3, 3 2N KV j rJ�l v I �. 2` n 1 iS Bt1f fl ELK e I ry 271 y�. - - 310 n 304 � j 12 707 270 13M 3W1=105 107 1061(a127 ox 2 I Af ,0.G11CA117011a3 r1' 241 124:4437k,4 23 I .I2 ,I- .:1) ." 'p11 'iA 100 •0-0 Ina Ica ' n •13 113 ,31 1{ f 47 A 46 4S 44 43 42 41 40 39 38 37 36 35 34 489 49 50 51 52 53 54 55 as 57 58 59 80 61 - ._n f ._.} ...p IA' •-A 19.4 In-0 ,pp '1.3 ,1.1 5, n w v ±0 10U 1R� ..7 1.3 'CO 1Aa +t ] 11 3 1. 1 11.3 11 3 ,35 t. 75 -1 73 72 71 70 69 6a 67 56 6a Bi a3 6 G 78 77 78 79 80 81 82 f� 83 04 85 88 87 88 ri 88 1s- 1 a •CA id — --a B1X j4 K 1 3Z FROM R2-54 4103 102 101 TO R2-71 a 208 Given Road, Newcastle (slide 6) Planning Context: Provincial Policy Statement (2020) Proposal will satisfy following policies of PPS: • The proposed development relies on existing infrastructure, public service facilities and transit facilities (section 1.4.3(d)) • The proposed development promotes Province's vision of Healthy, liveable and safe communities. Growth Plan for the Greater Golden Horseshoe (2019) Proposal will satisfy following policies of Growth Plan; • promote infill in the existing urban area, • encourages the residential land use mix including affordable housing, • promotes efficient utilization of the existing infrg��ggcture. Clarftwn Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: March 6, 2023 Report Number: PDS-014-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO File Number: S-C-2022-0013 and ZBA-2022-0017 Resolution#: Report Subject: Information on a Draft Plan of Subdivision and Rezoning for Lands within the Foster Northwest Secondary Plan Purpose of Report: The purpose of this report is to provide information and gather input from the public and Council, as well as recommend approval if there are no major concerns raised from the public. Recommendations: 1. That Report PDS-014-23 and any related communication items, be received; 2. That provided there are no significant concerns with the rezoning application during the Public Meeting, the rezoning application submitted by 2103386 Ontario Ltd., be approved and the By-law in Attachment 1 to Report PDS-014-23 be passed; 3. That the application for Draft Plan of Subdivision S-C-2022-0013 submitted by 2103386 Ontario Ltd., to permit the development of 7 detached dwelling lots, be supported subject to conditions approved by the Director of Planning and Infrastructure Services; 4. That any Council and/or Public concerns regarding the subdivision be addressed through the conditions of draft approval; 5. That once all requirements of the draft subdivision approval are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 6. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 014-23 and Council's decision; and 7. That all interested parties listed in Report PDS-014-23 and any delegations be advised of Council's decision. Page 66 Municipality of Clarington Report PDS-014-23 Report Overview Page 2 The Municipality is seeking public input on applications for a proposed Draft Plan of Subdivision and Zoning By-law Amendment submitted by 2103386 Ontario Ltd. to permit seven detached dwellings at 208 Given Road in Newcastle. There are also ten detached lots within the Foster Northwest plan of subdivision that require a rezoning to address an administration error. Should there be no significant concerns from the public, Staff recommend that the zoning by-law amendment be approved. 1. Application Details 1.1 Owner: 2103386 Ontario Ltd. 1.2 Applicant: D.G. Biddle and Associates Limited 1.2 Proposal: Draft Plan of Subdivision Proposed Draft Plan of Subdivision for 7 detached residential units. Zoning By-law Amendment To rezone four detached residential lots located at 208 Given Road from "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Type Two Exception (H(R2-72)) Zone". To rezone three detached residential lots located at 208 Given Road from "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Type Two Exception (H(R2-71)) Zone". To rezone three residential lots located at 159, 155, and 151 Flood Avenue (Blocks 198, 197, and 196 on registered plan 40M-2741) from "Urban Residential Type Two Exception (R2-54) Zone" to "Urban Residential Type Two Exception (R2-71) Zone". To rezone seven residential lots located at Block 185, and lots 217-222 on draft approved plan for SC-2017-0005 from "Holding - Urban Residential Type Two Exception (H(R2-54)) Zone" to "Holding - Urban Residential Type Two Exception (H(R2-71)) Zone". 1.4 Location: 280 Given Road, Newcastle 159, 155, and 151 Flood Avenue, Newcastle Block 185 and lots 217-222 on draft approved plan for SC2017-0005 1.5 Within Built Boundary: No Page 67 Municipality of Clarington Report PDS-014-23 2. Background Page 3 2.1 On June 30, 2022, D.G. Biddle and Associates Ltd. submitted an application for a Zoning By-law Amendment to facilitate the proposal of 7 detached dwellings a 208 Given Road in Newcastle, as well as to address a technical discrepancy with the lot areas and frontages for tendetached dwelling lots within an existing plan of subdivision (SC-2017-0005). 2.2 The applicant also submitted minor variance applications on July 20, 2022 for the deficient lots within the first phase of subdivision SC-2017-005 in order to be able to register the plan of subdivision in advance of the rezoning. The Minor variance applications were approved on August 25, 2022. The rezoning is still required to ensure the appropriate zone is applied to each of the lots to implement the other zone provisions that are typically applied to smaller detached lots, such as maximum lot coverage and garage width. 2.3 On June 22, 2022 the applicant also submitted land division applications to sever the lots at 208 Given Road (LD2022-083 to 86). Staff did not support the severances as the zoning did not permit the proposed development. Furthermore, the appropriate application to create the severed lots (total of 7 lots) would be a subdivision application. It was Staff's opinion that a subdivision application would be the appropriate application to ensure it is processed concurrently with the rezoning application. This would also allow for the subject property to be brought into the existing subdivision, including the applicable terms of the agreement. It would also provide for a more cohesive development since the north part of the subject property contains a portion of future Flood Avenue, which is required to connect to Rudell Road and complete vehicle access to the subdivision. 2.4 On October 6, 2022 the applicant submitted the subdivision application (SC-2022-0013) to subdivide the seven lots at 208 Given Road. The subject area is approximately 1 acre (0.40 ha). The lots are generally proposed to be between 407 square metres and 593 square metres and frontages between 10 metres and 20 metres. 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 are summarized in Section 9 of this report. • Phase 1 Environmental Site Assessment (ESA) Addendum • Stage 1 and 2 Archaeological Report • Functional Servicing and Stormwater Management Summary • Noise Impact Study • Traffic Impact Brief Municipality of Clarington Page 4 Report PDS-014-23 3. Land Characteristics and Surrounding Context 3.1 The subject lands (208 Given Road) are located north of King Avenue in Newcastle at the southwest corner of the future intersection of Flood Avenue ad Rudell Road. It is zoned Agricultural Exception (A-1) and contains a detached dwelling and accessory structures which are proposed to be demolished. Current access to the property is off Rudell Road. To the south is an existing stormwater management pond. The site is adjacent to an approved Plan of Subdivision (SC-2017-0005) in the Foster Northwest Secondary Plan Area. The other ten lots that are part of the subject rezoning application are within this plan of subdivision. 3.2 The surrounding land uses to the Northwest Foster Subdivision are as follows: North — Proposed Public School Block and Highway 35/115 East — Detached dwellings in an existing subdivision South — King Avenue West — Wilmot Creek and Highway 35/115 Figure 1 — Lands Subject to Subdivision Application Page 69 Municipality of Clarington Report PDS-014-23 EWERT AVENU Page 5 GRADY DRIVE El x i • • mn FLOOD�AVEN n Figure 2 — Lands Subject to Zoning By-law Amendment Application Page 70 Municipality of Clarington Page 6 Report PDS-014-23 Figure 3 — Northwest View of Subject Lands 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 Newcastle 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. 4.2 The PPS requires Planning authorities to identify appropriate locations and promote opportunities for intensification and redevelopment. It also requires Planning authorities to identify the availability of suitable existing or planned infrastructure and public service facilities required to accommodate these projected needs. Page 71 Municipality of Clarington Report PDS-014-23 Page 7 4.3 Settlement Areas shall encourage opportunities for infill where it can be accommodated, taking into consideration the character of the neighbourhood and the existing or planned infrastructure. The proposed seven detached dwelling lots is a form of infill development and would be appropriate for the neighbourhood. 4.4 The proposal is consistent with the Provincial Policy Statement. Growth Plan 4.5 The Growth Plan contains policies for municipalities within the Greater Golden Horseshoe to manage growth and to direct and encourage development to settlement areas. The subject lands are within the "Greenfield Area" of the Growth Plan. Proposed development in a designated Greenfield Area requires a contribution towards an overall density target of 50 residents and jobs per hectare. The density proposed is lower than the density target, however the target is an overall target for the municipality. Other considerations such as the surrounding context and appropriateness of the development shall also be considered. The higher density target can be achieved in other areas of Clarington's Urban Structure typologies. 4.6 The proposal conforms to the Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The property is designated "Living Areas" in the Regional Official Plan. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. The proposal will intensify and redevelop an existing area and conforms to the Region Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the property as "Urban Residential". The minimum density for this area is 13 units per hectare and the predominant built form includes detached dwellings up to three storeys high. 5.3 Rudell Road and the future Flood Avenue are not designated arterial roads, however they will be main collector roads that connect to arterial roads, as well as the future public school site. The proposal would facilitate the opportunity to develop the streetscape by providing sidewalk connections and houses that would line the street edge. 5.4 The proposal generally conforms to the Clarington Official Plan. Page 72 Municipality of Clarington Report PDS-014-23 Foster Northwest Secondary Plan Page 8 5.5 The subject lands are within the Foster Northwest Secondary Plan. The Secondary Plan sets out the policies to guide future development applications within this specific neighbourhood. The majority of the Foster Secondary Plan area is planned for low density residential dwellings that integrates with existing development within the Foster Neighbourhood Area. The Secondary Plan designates the subject lands "Low Density Residential". Permitted uses include detached dwellings. 5.6 The Urban Design policies of the Secondary Plan seeks to achieve a walkable community with a well-defined public realm. This includes highly interconnected pattern of lotting for development blocks, consistent built form, safety, accessibility, shade and comfort in the pedestrian environment and support for active modes of transportation. 5.7 The proposal is generally in conformity with the Foster Northwest Secondary Plan. 6. Zoning By-law 6.1 The subject property at 208 Given Road 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 Settlement Areas. A zoning by-law amendment is required to permit the seven detached dwellings in the proposed plan of subdivision. 6.2 For theten lots within the existing plan of subdivision (SC-2017-0005) a rezoning is also required to correct the zoning categories that were applied to the subdivision. The requested lot sizes and frontages are in keeping with the lot sizes within the subdivision and will not change the use of the property or the number of lots in the subdivision. It is consistent with the lotting pattern. 6.3 A hold symbol would be put in place for the lots within the second phase of the development. For the lots within the first phase, a hold symbol is not required. 6.4 The R2-71 Zone is a site -specific exception zone that permits detached residential dwellings on lots with a minimum frontage of 10 meters for an interior lot and 13 m for an exterior lot. The minimum lot area is 270 m2. 6.5 The R2-72 Zone is a site -specific exception zone that permits detached residential dwellings on lots with a minimum frontage of 12 meters for an interior lot and 15 m for an exterior lot. The minimum lot area is 300 m2. 6.6 Below is a table which shows the current and proposed zoning for the subject lots. A draft Zoning by-law is also included as Attachment 1. Page 73 Municipality of Clarington Report PDS-014-23 Table 1 — Proposed Zoning, lot areas, and frontages Page 9 Lot Lot Area Lot Frontage Current Zone Zone Category (m2) (m) Proposed Lots 1 — 3 (on 40M- 505 - 536 10 A-1 (H)R2-71 2741) Lots 4 — 7 (on 40M- 407 - 593 12 - 20 A-1 (H)R2-72 2741) 151, 155, 159 Flood 305 - 407 10 - 13 R2-54 R2-71 Ave (Block 196, 197 and 198 on 40M- 2741) Block 185 (draft 419 13 (H)R2-54 (H)R2-71 approved Plan for SC-2017-0005) Lots 217 to 222 320 - 492 10 (H)R2-54 (H)R2-71 (draft approved Plan for SC-2017-0005) 7. Public Notice and Submissions 7.1 Public notice was mailed to approximately 50 residents within 120 metres of the subject lands on February 9, 2023. Signage was also posted on the property, along Ruddell Road and King Avenue, advising of the complete application received by the Municipality and details of the public meeting. Details of the application were also posted on the Municipality's website. 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. Page 74 Municipality of Clarington Report PDS-014-23 8. Department and Agency Comments Page 10 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 we have received comments to date. Department/Agency Comments Summary of Comment Received Durham Region Planning Department and Public Works Durham Region Health Department Ganaraska Region ✓ GRCA does not have an objection to the Conservation Authority proposal, however consideration must be given to (GRCA) the existing stormwater management pond capacity. The existing pond is proposed (and approved) to be retrofitted to accept the additional storage from Foster West and the applicant will need to demonstrate that the pond can also accommodate the stormwater from the additional 7 lots. Kawartha Pineridge District School Board Clarington Engineering ✓ No objection to proposal. Privacy fencing is Development Division required for lots with an exterior side yard. For the proposed subdivision, an appropriate cash contribution in lieu of parkland dedication is required. Clarington Emergency ✓ Applicant to show distance of the fire hydrants to Services the furthest main entrance of the proposed buildings. Clarington Building ✓ No objection. Division Canada Post ✓ No objection. Corporation Ministry of ✓ No objection. Transportation Bell Canada Rogers Hydro One Network Inc. Page 75 Municipality of Clarington Report PDS-014-23 Page 11 Enbridge Gas PVNC District Catholic School Board Conseil Scolaire de District Centre-Sud- Quest Conseil Scolaire de District Catholique Centre-Sud 9. Summary of Background Studies Phase One Environmental Site Assessment (ESA), GHD, May 11, 2022 9.1 A Phase One Environmental Site Assessment (ESA) for the existing Foster Northwest Subdivision was updated to include the lands at 208 Given Road. The Property is a residential site that currently has a two -storey residential dwelling with a basement, standalone garage, two gravel access driveways, and a grassed yard. The Property is currently privately serviced with potable water and sanitary sewer. The surrounding area can be generally described as residential and agricultural. 9.2 The Phase One ESA assessed the potential presence of offsite and onsite contaminating activities (PCAs) that result in areas of potential environmental concern (APECs). Based upon observations made during the site reconnaissance including the surrounding land uses and review of the historical documentation, an on -site potentially contaminating activity (PCA) was identified for the Property. Based on the conclusions of the report, a phase two assessment is required to further investigate the presence of contamination that may be caused by the presence of two heating oil storage tanks located in the basement of the residential dwelling. 9.3 A stage 2 ESA will be required as a condition of approval for the subdivision and the proponent will also have to satisfy the Region's Site Contamination Protocol to address any site contamination matters. Stage One and Two Archaeological Assessment, Northeastern Archaeological Associates Ltd., June 30, 2022 9.4 A Stage One and Two Archaeological Assessment was completed for the subject lands. The assessment was carried out on May 25, 2022. The Stage One research indicated that the property is of high archaeological potential because of its proximity to water and registered archaeological sites. 9.5 This assessment did not result in the discovery of any material of cultural significance. If any archaeological resources should be discovered during the course of development, all excavation must stop immediately, and the Ministry of Tourism, Culture and Sport shall be contacted immediately. Page 76 Municipality of Clarington Report PDS-014-23 Page 12 Functional Servicing and Stormwater Management Summary Letter, D.G. Biddle & Associates Ltd. June 29, 2022 9.6 The Functional Servicing and Stormwater Management Summary Letter that was prepared in conjunction with the existing Foster Northwest Subdivision Functional Servicing and Stormwater Management Report finds that water and sanitary services are available to service the proposed plan of subdivision. The three lots that front onto Flood Avenue will be pre -stubbed with water, sanitary and storm connections with the road extension. Three of the four lots on Rudell Road have been previously pre -stubbed with water, sanitary and storm services with the construction of Rudell Road in 2006. One additional set of services connections will be required on Rudell Road for the fourth lot. 9.7 The existing stormwater facility to the south will be expanded to accommodate the stormwater for the 7 lots. This was planned as part of the documents prepared for the existing Northwest Subdivision, as the property was included in the post development impervious levels. An updated report to reflect the final design of the subdivision will be required as a condition of final approval for the second phase. Noise Impact Study, D.G. Biddle & Associates Ltd., June 2022 9.8 A Noise Assessment was completed for the subject lands at 208 Given Road to assess the noise impacts form vehicle traffic on King Avenue. All seven lots will require forced air heating system with ducting sized to accommodate a central air conditioner unit, in order to allow the homeowner the option of installing central air conditioning in the future. Appropriate warning clauses are also to be included in the purchase and sale agreement. 9.9 An updated Noise Study, based on the final grading and site design, will be required as a condition of final subdivision approval to ensure the development agreements include appropriate conditions to mitigate noise and warning clauses. Traffic Impact Breif, Tranplan Associates, June 10, 2022 9.10 A Traffic Brief was prepared to assess traffic impacts for the proposed plan of subdivision. The brief was an update to the existing Traffic Impact Study that was prepared in March 2017 for the entire Foster Northwest Subdivision. The conclusions indicated that the impacts on the road network for the seven proposed lots is expected to be minimal, therefore the conclusions of the 2017 study remain valid. 10. Discussion 10.1 The site is situated in the Foster Northwest Secondary Plan Area. There is a subdivision application adjacent to 208 Given Road which was comprehensively planned to accommodate this development and complete the road network. The first phase of the adjacent subdivision has already been registered as 40M-2741. There are 3 lots within the registered plan that will need to be rezoned to address an error in the zoning by-law Page 77 Municipality of Clarington Page 13 Report PDS-014-23 amendment that was passed to implement the subdivision in September 2018. There are also seven lots within the second phase of the Foster Northwest Subdivision that are required to be rezoned. It is intended that the property at 208 Given Road will be incorporated into the second phase if the rezoning is approved and the subdivision receives draft approval. 10.2 The subject lands are designated for low density residential development in the Foster Northwest Secondary Plan which would permit the proposed detached dwelling lots. The proposed subdivision will be an extension to the draft approved plan to the northwest and includes an important section of the road network required to complete Flood Avenue. Flood Avenue would then connect to Rudell Road and facilitate vehicle movements for the entire Foster Northwest subdivision. 10.3 The existing stormwater management pond is situated to the south of 208 Given Road and will be expanded to accommodate the proposed development. The stormwater pond was designed with the intent that these lands would eventually be developed. FUTURE SCHOOL HERIFEAAGE ••� _ AR n MK w U r•. rlwldLq acocmmmmm mmm�mm�mo0 __ ommmHIO a11ORION ammmomm�mm . m��emema�deve . , Saars ��I� �• ------ ------ Figure 4 — Foster Northwest Subdivision Plan LEGEND -single'Cetarhed pr.elurigs ®- Street T9wnhouse Dwallings - • Condominium Site 0 - Henlag0 Area 1 Aofss - Parks - - Open Space 7 VaHey Lands - • S1HM Facillus cW�N� Page 78 Municipality of Clarington Report PDS-014-23 Page 14 10.4 A rezoning is required to rezone the lands from "Agricultural Exception (A-1) Zone" to an Urban Residential Zone that will facilitate the proposed Plan of Subdivision. A Zoning By-law Amendment has been prepared which would zone the subject lands to the Urban Residential Type Two Exceptions (R2-71) and (R2-72) Zones. 10.5 A hold symbol is proposed for the lots at 208 Given Road, as well as the seven lots within the second phase of the adjacent Foster Northwest subdivision. The hold will be removed once the Applicant provides satisfactory evidence which addresses all concerns listed in this report, and those listed at the public meeting as well as fulfills conditions of the subdivsion agreement with the Municipality of Clarington to the satisfaction of the Director of Planning and Infrastructure Services. The proposed dwellings will be subject to architectural controls, consistent with design, finishes and massing with the existing adjacent homes. 10.6 The proposal is in conformity with the Clarington Official Plan and the Foster Northwest Secondary Plan. The proposed lots are appropriate for the lands and will complete this portion of the neighbourhood as well as important infrastructure components. The lots will continue to provide a range of lot sizes that are appropriate and consistent with the surrounding area. As such, staff are recommending the draft plan be supported, and the zoning by-law amendment be approved, subject to a (H) Holding Symbol. 10.7 The draft conditions of approval for the proposed subdivision will be prepared at a later date, provided Council supports the recommendations in this report, and will be subject to approval by the Director of Planning and Infrastructure Services. Page 79 Municipality of Clarington Report PDS-014-23 ALEx rVE LOT 1 DRNE LOT 86 REGISTERED PLAN � 40M-2575 FLOOD -- -- ¢ V�NVE - - - -- AW=I II BLOCK 7 Sry 0 � wn Page 15 PLAN OF SURVEY OF PART OF LOT 31 CONCESSION 2 (CE00—HIC TO-NSHIP OF CLARKE) dMUNICIPALITY OF CLARINGTON REGIONAL I.IU%ICIPALITY OF DURHAM a.C. —N ¢I,ITEJ METRIC 1_1mi5 up �CBe�'iaiep ip �i Br Oiwpu4 B� OS�Orv.O, NOTES LEGEND �n fervri lte ver. xe i� ¢f ma¢t-al of 1,01 - ry � -r¢vx lne a¢s_ xa lszsmo-tf) SURVEYOR'S CERTIFICATE J. D. BARNES Figure 5 — Proposal for 7-lot Plan of Subdivision 11. Financial Considerations 11.1 The recommendations of this report do not have any financial implications. 11.2 Financial implications of this project will be included in subsequent reports as more information becomes available. 12. Concurrence Not Applicable. Municipality of Clarington Report PDS-014-23 13. Conclusion Page 16 13.1 The purpose of this report is to provide background information and obtain comments on the proposal for a draft plan of subdivision and rezoning to facilitate the development of seven detached dwelling lots, as well as, to rezone ten lots in the existing draft plan of subdivision that were a result in an administration error when the Zoning By-law was approved for the subdivision. 13.2 Provided that there are no major concerns raised at the Public Meeting and in consideration of all agency and staff comments, it is respectfully recommended that the application for the Draft Plan of Subdivision be supported and the Zoning By-law Amendment be approved, with a holding symbol. The conditions for the draft plan of subdivision will be issued by the Director of Planning and Infrastructure Services Department after a decision is reached on the rezoning and subdivision applications. Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext. 2422 or nzambri(c�clarington.net . Attachments: Attachment 1 - Draft Zoning By-law Attachment 2 — Draft Plan of Subdivision Interested Parties: List of Interested Parties available from Department. Page 81 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 2023-XX 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 ZBA-2022-0017 Now therefore the Council of the Municipality of Clarington enacts as follows: Schedule `5' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type Two Exception (H)(R2-54) Zone" to "Holding - Urban Residential Type Two Exception (H)(R2-71) Zone" "Urban Residential Type Two Exception (R2-54) Zone" to "Urban Residential Type Two Exception (R2-71) Zone" "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Type Two Exception (H)(R2-71) Zone" "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Type Two Exception (H)(R2-72) Zone" as illustrated on the attached Schedule `A' hereto. Schedule `A' attached hereto shall form part of this By-law. 1. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. Passed in Open Council this day of March, Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 82 This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D. GRADY DRIVE M x ED EWERT AVENUE >; _7Z O c n v m LL n r m NORTHROP AVENUE'M' v a 0o v m FLOOD AVENUfl7 rn i 7d ZIBI WAY C 1r HIGHWAY 2 - Zoning Change From "(H)R2-54'To'(H)R2-71' ® Zoning Change From "R2-54'To'R2-71' - Zoning Change From'A-1'To'(H)R2-71' - Zoning Change From 'A-1'To'(H)R2-72' N Newcastle ZBA 2022-0017 Schedule 5 • • Page 83 Attachment 2 to Report PDS-014-23 FLOOD If 0 ALEX KNOTT DRi VE \ z \ \ HP \ \ OC \ \ 0C STOPPED PCQ ^' — g05.46_ \ 4N0 , V O gRNEgD Q O,SED , 4 SCP 00819701904 \ \ B y PART \ INTEGRATION DATA SPECIFIED CONTROL POINTS (SCPs): UTM ZONE 17, NAD83 (ORIGINAL). COORDINATES TO URBAN ACCURACY PER SECTION 14 (2) OF O.REG 216/10, POINT ID EASTING NORTHING SCP 00819701904 691 683.76 4 864 865.45 SCP 00819880892 693 859.34 4 864 755,33 COORDINATES CANNOT, IN THEMSELVES, BE USED TO RE-ESTABLISH CORNERS OR BOUNDARIES SHOWN ON THIS PLAN. THE RESULTANT TIE BETWEEN SCP 00819701904 AND SCP 00819880892 IS 2178.27m, N87°06'10"W, LOT 86 P658 (PI&MEAS R=120.0 A=IA 11 OC (Pl P SCHEDULE PART LOT CONCESSION 1 LOT 1 2 3 REGISTERED PLAN 4 PART OF LOT 31 2 40V-2575 5 6 7 BLOCK 7 0 SIB 4oR_X)(XXX SIB (P1&MEAS) 'XXY� (P1&MEAS) 00 Li J N a -En U L0 O Eli I� N I E�j IY O ' l y , \ \ 4S ss/& \ \ \ \ M/ 40R 3'354 ^\\\ Di? -0106 40R, P4o� 2, PLq \% 2600 26 N 6 006 X k X k X X k X O 3R SCP 00819880892 o z QQ 00 (/) O LLJ J 0 Z D W W (J� m Q w U zZ O 0 J Z J � Q 0 Q O PIN ALL OF PIN 26658-xxxx PLAN OF SURVEY OF PART OF LOT 31 CONCESSION 2 (GEOGRAPHIC TOWNSHIP OF CLARKE) NOW IN THE MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SCALE 1 300 5 0 5 10 20 metres THE INTENDED PLOT SIZE OF THIS PLAN IS 609mm IN WIDTH BY 457mm IN HEIGHT WHEN PLOTTED AT A SCALE OF 1:300 J.D. BARNES LIMITED METRIC �iIETRES AND"�,�NBE OCONVERTED TOOFEETOBYTDIVIDING BY 0.3ARE 048. NOTES BEARINGS ARE GRID, DERIVED FROM SPECIFIED CONTROL POINTS (SCPs) 00819701904 AND 00819880892, UTM ZONE 17, NAD83 (ORIGINAL). DISTANCES ARE GROUND AND CAN BE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 1,00004433. ALL MONUMENTS FOUND ARE J.D. BARNES LIMITED UNLESS NOTED OTHERWISE. ALL MONUMENTS SET ARE IRON BARS UNLESS NOTED OTHERWISE. LEGE D DENOTES SURVEY MONUMENT FOUND ❑ DENOTES SURVEY MONUMENT SET SIB DENOTES STANDARD IRON BAR SSIB DENOTES SHORT STANDARD IRON BAR IB DENOTES IRON BAR MEAS DENOTES MEASURED JDB DENOTES J.D. BARNES LIMITED P1 DENOTES PLAN 40R-XXXXX (JDB REF. No. 13-25-850-18-B) P2 DENOTES PLAN 40R-31632 P3 DENOTES PLAN 40R-31354 P4 DENOTES REGISTERED PLAN 40M-XXXX (JDB REF. No. 13-25-850-17) • HP DENOTES HYDRO POLE — OC— DENOTES OVERHEAD CABLE SURVEYOR'S CERTIFICATE I CERTIFY THAT: 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT, THE SURVEYORS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE UNDER THEM. 2. THE SURVEY WAS COMPLETED ON 2022. ----- ---------------------- DATE GABRIEL LAFRAMBOISE ONTARIO LAND SURVEYOR THIS PLAN OF SURVEY RELATES TO AOLS PLAN SUBMISSION FORM NUMBER XXXXXXX ■ • • L • BARNES SURVEYIt MAPPINGNG •• L I M I T E D GIs LAND INFORMATION SPECIALISTS 110 SCOTIA COURT, UNIT 38, WHITBY, ON LIN 8Y7 T: (905) 723-1212 IT: (905) 723-4234 www.jdbames.com DRAWN BY: CHECKED BY: REFERENCE NO.: R. B. G. C.L. 13-25-850-18-C FILE: G:\13-25-850\18\13-25-850-18-C.dgn DATED: JUNE 10, 2022 Page 84 PLOTTED: 6/10/2022 Clarbgton 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 an application for a Zoning By-law Amendment and a proposed Plan of Subdivision. Holland Homes submitted a subdivision and zoning by-law amendment application to permit the development of 48 street related townhouse units and 14 single detached dwellings. One lot is proposed to be retained for the existing heritage dwelling. A total of 63 lots are proposed. The applications have been deemed complete. 1440 Gord Vinson Avenue, Courtice BLOOR STREET lF i ' , N SC 2022-0011 17 &2411711 �.Ag' _W " V tA r I I� I t W �W 0 0 I6L. ; qw 11 r r W �11 P�.- ' M AND., GORD Vl SON AVENUE E � Building Ve 7 Single Detached Dwelling -? i Townhouses zLU �- F other Lot L FRANK WHEELER_ -AVENUE, vim„ New Street _ILL s x_ 1 a rn 7�7 Information and materials submitted in support of this application are available for viewing at the following website: https://www.clarington.net/GordVinson/ or at the Municipal Office 40 Temperance Street, Bowmanville ON L1 C 3A6, 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 Division at 905-623-3379, extension, 2422 or by email at nzambri(c)_clarington.net Page 85 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: Monday March 6, 2023 Time: 6:30 p.m. How to Attend the Meetina 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 L1 C 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, March 3, 2023, 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 L1 C 3A6 prior to the date of the public meeting. File Number: ZBA2022-0021 and S-C-2022-0011 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 Statutory Public Meeting, ZBA2022-0021 and S-C-2022-0011 March 6, 2023 • Owner/Applicant: Plan Developments Inc. (Holland Homes) • Application Details: • 14 single detached dwelling lots • 48 Street -related townhouses • 1 retained lot with existing heritage home • The surrounding uses in all directions are primarily residential dwellings, with exception to the northwest corner which is commercial. C]aFftMR 1440 Gord Vinson Avenue, Clarinciton Proposed Draft Plan of Subdivision and Zoning By -Law Amendment Statutory Public Meeting March 6th 2023 Presentation By: Brendan Graham — Project Manager, LANDx On Behalf Of: Holland Homes �� • 1440 Gord Vinson Avenue LA N O x • Clarington _ Ey ONO �. �+ � �~ J- �M - •�� _ �, t. ; .. fir .� _r,,. � - e+ 4/ +r r -,NMI Subjec Proper '�. • car! _ '. ! r ` , j �_ .• - • 1 1440 fiton ord Vinson Avenue Clarin AeF�g ��nage • Proposed Development Applications for Draft Plan of Subdivision and Zoning Bylaw Amendment • 48 Three Storey Street Townhouses • 14 Two Storey Single Detached Dwellings • 1 Retained Heritage Dwelling Zoning Change from "A" to "R3" Zoning Change from "(H)R1" to "R2-76" Zoning Change from "(H)R1" to "R3" • 1 1440 Gord Vinson Avenue LAND LOlClarington Purpose and IrItUnUbf Applications Slide 2 Durham Region Official Plan • Urban / Built Boundary • Living Areas =� • 1 1440 Gord Vinson Avenue LAND • Clarington SUBJECT PROPERTY s • Bloor-Street dP • � • � A 1 J Regional Corridor s Built Boundary Living Areas f • f Region of DuMaPA Official Plan Slide 3 Municipality of Clarington Official Plan • Urban Residential DRIVE GLENABBEY Urban Residential r r o Regional Corridor 0 � Subject Property c c �y o Bloor Street 1 Regional_Road.22 1 r t • 1 1440 Gord Vinson Avenue ClaringtoW901ficial Plan Slide 4 LA N O x Clarington Town of Newcastle Zoning By -Law No. 84-63 EXISTING Agricultural (A) Holding Urban Residential Type One ([H]R1) PROPOSED Singles - Urban Residential Type 2-76 (R2-76) Townhouses - Urban Residential Type 3 (R3) EXISTING PROPOSED AMENDMENT MU2-2 R1 (S6/9) (H)R1 U O J W R3-25 Cn V112SONAVE u .�3I Zoning Change from "A" to "RY QZoning Change from "(H)R1" to "R2-76" Zoning Change from "(H)RI" to "RY • 1 1440 Gord Vinson Avenue LAND L81Clarington Zoning BVJ3No. 84-63 Slide 5 Bayview (Southwest Courtice) Secondary Plan Low Density Residential LAND HOLLAND HOMES 1440 Gord Vinson Avenue Clarington BLOOR STREET Bayview !EFdUdhdary Plan 1 Subject � Property � 1 - YINSWDRIVE- • ee. HIGH DENSITY MIXED USE ',rot is EL, I W W r A+ N ' ~ Z WO 1 w- MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL [NOT OWNED BY APPLICANT] LOW DENSITY RESIDENTIAL [SUBJECT PROPERTY] I F • 1 1440 Gord Vinson Avenue LAND • Clarington LocdPC8fntext Slide 7 LEGEND 2 STOREY SINGLE DETACHED HOUSE 3 STOREY STREET TOWNHOUSE 2 STOREY HERITAGE DWELLING ASPHALT ROADWAY AND DRIVEWAY PEDESTRIAN ACCESS I El FENN/NG DRIVE -I- T -.I -.T.-.-.-.-.-.-.-.-.-.-.-I.-.-.-1 .0 • 1440 Gord Vinson Avenue NO • Clarington LAND Proposed 136%ftment Plan •- Questions? • 1 1440 Gord Vinson Avenue Page 97 LAND • Clarington Clarftwn Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: March 6, 2023 Report Number: PDS-015-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO File Number: ZBA2022-0021 and S-C2022-0004 Resolution#: Report Subject: Rezoning and Draft Plan of Subdivision for a total of 63 residential units in Courtice Purpose of Report: The purpose of this report is to provide information to the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1. That Report PDS-015-23 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 Plan Developments Inc. (Holland Homes) and continue processing the applications including preparation of a subsequent report; and 3. That all interested parties listed in Report PDS-015-23 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-015-23 Report Overview Page 2 The Municipality is seeking the public's input on applications for a proposed Draft Plan of Subdivision and Zoning By-law Amendment submitted by Plan Developments Inc. to permit a total of 63 units consisting of 14 single detached dwellings, 48 townhouses. The existing home will remain on the site. The homes will be on a new public street, in Courtice. 1. Application Details Owner: Plan Developments Inc. Applicant: Katrina Metzner, Holland Homes Proposal: Draft Plan of Subdivision The proposed Draft Plan of Subdivision for to permit a total of 63 units consisting of 14 single detached dwellings, 48 townhouses, with the existing home to remain. Zoning By-law Amendment To rezone the subject lands from "(Holding — Urban Residential Type R1)" and "Agricultural (A)"to an appropriate zone to permit the proposal. Area: 2.40 hectares Location: 1440 Gord Vinson Drive, Courtice (see Figure 1) Within the Built Boundary: Yes Page 99 Municipality of Clarington Report PDS-015-23 2. 2.1 2.2 BLOOR STREET - f Building Single Detached Dwelling Townhouses Other Lot New Street <c Page 3 z W V) W V - W LL Q .f y W GORD VINSON AVENUE LU Z l ,_ >�`. Z — .1 LL FRANK WHEELER NYE"AVE a Figure 1 —Proposed Draft Plan of subdivision and Surrounding Context Background On July 22, 2022, Plan Developments Inc. (Holland Homes) submitted applications for a Draft Plan of Subdivision and Zoning By-law Amendment with supporting documentation for of 63 units consisting of 15 single detached dwellings and 48 townhouses. The property is listed on the Municipal Register under s. 27 of the Ontario Heritage Act. The draft plan incorporates the heritage house, identified as "Other Lot" on Figure 1. Page100 Municipality of Clarington Report PDS-015-23 Page 4 The original home will remain, however the additions to the dwelling and the barns will be demolished. 2.3 The subject lands are referring to the south portion of 1440 Gord Vinson Avenue, which was created through a consent application approved earlier in 2022. The north portion of the lot fronts onto Bloor Street, which is a Regional Corridor. Mixed use and higher densities are contemplated for a Regional Corridor. A concept for the lands fronting on Bloor Street has not been provided. 2.4 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 summarized in a future recommendation report. • Planning Justification Report • Energy Efficiency and Sustainability Report • Stormwater Management and Functional Servicing Report • Hydrogeological Assessment • Geotechnical Investigation Report • Traffic Impact Study • Noise Impact Report • Cultural Heritage Impact Assessment • Stage 1 & 2 Archaeological Assessment • Stage 3 Archaeological Assessment • Phase 1 & 2 Environmental Site Assessment 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located east of Townline Road, between Gord Vinson Avenue and Bloor Street. The site is approximately 2.40 hectares and contains an existing heritage house, various outbuildings, and agricultural fields. The current site grades are non -uniform with a grade change of approximately 8 metres from the north to south. The topography of the site generally slopes down to the southwest and southeast of the property, with the lowest point at the southeast corner. The site has historically been used as pasture. See Figure 2. 3.2 The surrounding uses are as follows: • North — Vacant land and residential detached dwellings beyond. To the northwest, newly constructed commercial development, which also includes an approved high-rise apartment building, yet to be constructed. • West- Stacked townhouse units in a Common Elements condominium • South - Predominantly residential detached dwellings. • East - Predominantly residential detached dwellings Page 101 Municipality of Clarington Report PDS-015-23 6LOOR STREt1 Page 5 Figure 2 — Lands subject to the proposed draft plan of subdivision and zoning by-law amendment applications. 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. 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 developments promote active modes of transportation such as walking and cycling. Page102 Municipality of Clarington Report PDS-015-23 Provincial Growth Plan Page 6 4.3 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Courtice Urban Area and more specifically to the designated built-up areas. Municipalities are encouraged to create complete communities by promoting a diverse mix of land uses and housing types. 4.4 The subject lands are within a "Built-up Area" of the Growth Plan. The proposal would facilitate intensification within the existing built-up area of Courtice and has the potential to contribute to the municipality's annual intensification targets. The proposal would make use of existing municipal services. 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. Clarington Official Plan 5.2 The Clarington Official Plan designates the subject lands Urban Residential. The Urban Residential designation is predominantly intended for residential purposes. A variety of densities, tenure and housing types are encouraged. The property is internal to the neighbourhood but adjacent to the Regional Corridor designation. The minimum density is 13 units per net hectare and the maximum height is 3 storeys. Limited townhouses are permitted. Detached and semi-detached dwellings are permitted. 5.3 Consideration should be given to the neighbourhood character. Section 5.4.1 of the Clarington Official Plan gives considerations when developing an infill site in an existing neighbourhood. One of the considerations is lot size and patterns to ensure development is compatible with the surrounding context. Southwest Courtice Secondary Plan (Bayview Neighbourhood) 5.4 The subject lands are designated low density residential. Single detached and townhouse dwelling units are permitted up to three storeys. Townhouses are to account for 20% of the total number of units in the low -density residential designation. Private streets and private lanes are not permitted within the low -density designation. 5.5 The Clarington Official Plan Land Use Map shows Fenning Drive extending through the site and connecting to Bloor Street. However, the Secondary Plan Land Use Map shows Fenning Drive terminating at Gord Vinson. The Region indicated that they will not support the road connection to Bloor Street in order to limit new intersections along the Regional Corridor and improve the flow of traffic. As a result, vehicle access onto Bloor Street for the north portion of 1440 Gord Vinson Ave., which is within the Regional Page103 Municipality of Clarington Report PDS-015-23 Page 7 Corridor, has been secured for on the adjacent commercial property to the west through a shared easement. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject site "Holding — Urban Residential Type One ((H) R1) and "Agricultural (A) Zone". The Hold symbol limits the use of the lands to the existing land uses. A Zoning By-law Amendment is required to permit the proposed development which consists of detached dwellings and townhouses. A draft zoning by- law is included as Attachment 1. Finalization of an appropriate zone category will be determined after all public and agency comments have been received and will be brought forward at a future date with the recommendation report. 7. Public Notice and Submissions 7.1 Public Notice was mailed to approximately 300 landowners within 120 metres of the subject lands on February 10, 2023. A sign was also posted on the property, along Gord Vinson Ave., advising of the complete application received by the Municipality and details of the public meting. 7.2 As of writing this report, two public inquiries have been received from residents that live directly across form the development on Gord Vinson Avenue. One of the inquiries was to obtain further information and the other had concerns with the volume of traffic that would be generated from this development, specifically at the intersection of Fenning Drive and Gord Vinson Ave. There were also concerns regrading access to their property during construction as well as the overall planning for the area for new schools, hospitals, libraries, and other public facilities. 8. Department and Agency Comments 8.1 The following agency and internal departments were circulated for comments on the applications. Attachment 2 includes a chart showing the list of circulated parties and whether or not comments have been received to date. 9. Discussion 9.1 The site is located within the existing built-up area of Courtice and would be considered infill development. The Applicant has applied for a rezoning to establish 62 new lots consisting of 14 detached dwellings and 48 street related townhouse units. The heritage home will be retained on a separate lot. Each lot will be serviced with municipal water and sanitary sewer and will have vehicle access off an internal local road which will connect to Gord Vinson Avenue, except for Lots 1-5, which will be accessed directly off Gord Vinson Ave. (See Figure 1). The rezoning would facilitate the development of the lands and supports intensification within the existing built-up area of Courtice. Page104 Municipality of Clarington Report PDS-015-23 Figure 3 — Existing Heritage Home on Subject Lands Page 8 9.2 The subject lands are also within the Southwest Courtice Secondary Plan area. The Secondary Plan has recently been approved by the Region. The proposal provides an opportunity to meet the long-term vision for the neighbourhood. Further discussion on the appropriateness of the land uses proposed and the built form, such as heights, densities and general site layout will be addressed through a subsequent recommendation report. Parks and Pedestrian Connections 9.3 Fenning Drive is no longer being proposed to extend to Bloor Street, therefore the proposed development will still have to provide pedestrian connectivity to the property to the north, and ultimately to Bloor Street. The Municipality requires the proposed north - south sidewalk on the east leg of Street A to be extended northerly to the limit of proposed development. The sidewalk will provide the opportunity for future connectivity to the future development and Bloor Street East. 9.4 Further review and comments on the pedestrian connectivity will be dealt with through the planning application review process. Proposed Zoning By-law Amendment 9.5 The plan indicates the proposed townhouses will have 6 metre frontages. Council has indicated in the past, that townhouses must be a minimum of 7 metres. There have been some exceptions for dual frontage townhouses but the 7 metre frontages are to Page105 Municipality of Clarington Report PDS-015-23 Page 9 provide for more on -street parking spaces and greater landscaped open space in the front yards. 9.6 For the single detached dwellings, 9 metre frontages are proposed. The applicant must demonstrate that the lots can accommodate two outdoor parking spaces (as per zoning by-law) plus have enough room to meet the minimum landscape areas. Applicant must also demonstrate that on -street parking is feasible. 9.7 A rezoning is required to rezone the lands from "(Holding — Urban Residential Type R1)" and "Agricultural (A)"to an appropriate zone that would permit the proposed Plan of Subdivision. Based on the current provisions for detached dwelling units and townhouses in the R1 and R3 Zones, the implementing zoning by-law for this site would require additional site -specific exception zones to reduce the lot frontages. Further considerations 9.8 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 townhouses, where possible is encouraged. 9.9 The Clarington Official Plan contains infill development policies 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 Bayview Neighbourhood. 9.10 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. 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. Page106 Municipality of Clarington Report PDS-015-23 12. Conclusion Page 10 The purpose of this report is to provide background information and obtain comments on the proposal for 63 unit 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 reporter. Given the changing land use legislation and provincial mandates that are impacting the municipality and the agencies involved in the development process, as well as the availability of local resources, the Municipality cannot commit to a specific date to bring a recommendation report forward. Staff is committed to expeditiously review and process applications, this timing is also impacted by the willingness of the applicant to meet Council policies and standards and provide the information in a timely manner. Staff Contact: Nicole Zambri, Senior Planner, (905)-623-3379 Ext. 2422 or nzambri clarington.net . Attachments: Attachment 1 — Draft Zoning By-law Attachment 2 — Agency Comment Table Interested Parties: List of Interested Parties available from Department. Page107 Attachment 1 to Report PDS-015-23 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 2023-XX 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 ZBA-2022-0021 Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Holding - Urban Residential Type Three Exception (H)(R3-xx) Zone" "Holding - Urban Residential Type One (H)(R1) Zone" to "Holding - Urban Residential Type Three Exception (H)(R3-xx) Zone" "Holding - Urban Residential Type One (H)(R1) Zone" to "Holding - Urban Residential Type One Exception (H)(R1-xx) Zone" as illustrated on the attached Schedule `A' hereto. 2. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. Passed in Open Council this day of March, 2023 Adrian Foster, Mayor June Gallagher, Municipal Clerk Page108 This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D. H z TURNBERRY CRESCENT m ---------------------- BLOOR STREET _ O U 0 a aO 0 w ~ w z_ J z W GORD VINSON AVENUE w C� KILGANNON AVENUE Z FRANK WHEELER A 4 z w u_ a MONTAGUE AVEN co Zoning Change From 'A' to '(H)R3-x Zoning Change From '(H)R1' to '(H)R3-x W7 Zoning Change From '(H)R1' to '(H)R1-x N Courtice • ZBA 2022-0021 • Schedule 4 Page109 Attachment 2 to PDS-015-23 Department/Agency Comments Summary of Comment Received Durham Region Planning Department and Public Works Central Lake Ontario ✓ The subject site is located in the Robinson Conservation Authority Creek Watershed. The site is not subject to (CLCCA) Ontario Regulation 42/06, regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. A permit from CLOCA is not required. Kawartha Pineridge ✓ The Kawartha Pine Ridge District School District School Board 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 should accommodation within the assigned schools not be available students may need to attend "holding schools" or an alternate school outside the community. City of Oshawa Clarington Engineering ✓ Development Engineering has no objections Development Division to the proposal in principle. A north -south sidewalk on the east leg of Street A to be extended northerly to the limit of proposed development to provide for future connectivity through the future development on Bloor Street East. Further discussion on site servicing and stormwater management is required. A revised on -street parking plan will be required to take into account the location of hydrants. Clarington Emergency ✓ Applicant will need to show the Services locations/distance of the fire hydrants to the furthest main entrance of the proposed dwelling. Community Planning ✓ The Cultural Heritage Impact assessment and Heritage report reflected thorough research and Committee objective assessment. The Committee accepted the recommendations and Page110 Attachment 2 to PDS-015-23 conclusions made by the Report, and the Committee supports the retention of the residence building and that the residence building should be carefully integrated into the new development design to avoid any adverse impacts on the residence, such as considerations of shadows and vistas. Clarington Building Division Canada Post ✓ No objection to the proposal Corporation Bell Canada ✓ No objection to the proposal Rogers ✓ 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 Page111 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: March 6, 2023 Report Number: PDS-011-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: ZBA2023-0001 By-law Number: Report Subject: Rezoning for the Removal of a Holding (H) Symbol, An Application by Trinity Star Developments Inc. Recommendations: 1. That Report PSD-011-23 be received. 2. That the application submitted by Trinity Star Developments Inc. to remove the Holding (H) symbol be approved as contained in Attachment 1 to Report PSD-011-23; 3. That Council's decision and a copy of Report PSD-011-23 be forwarded to the applicant, the Region of Durham and the Municipal Property Assessment Corporation. Page112 Municipality of Clarington Page 2 Report PDS-011-23 Report Overview Staff are recommending approval of a rezoning application to remove the Holding (H) Symbol from the subject lands. The applicant has met the requirements in the Official Plan for the removal of Holding (H) Symbol. Once removed, building permits can be issued 1. Application Details 1.1 Owner 1.2 Applicant 1.3 Proposal 1.4 Area: 1.5 Location: 1.6 Within Build Boundary Trinity Star Developments Inc. D.G. Biddle and Associates Ltd. Removal of Holding (H) Symbol from : "Holding -Estate Residential (H) RE) Zone" to "Estate Residential (RE) Zone" 32 hectares Lots and Part Lots on Plan 40M 2661, being within Part Lot 1 & 2, Concession 1, former Township of Clarke No Page113 Municipality of Clarington Report PDS-011-23 TRINITYSTAR DEVELOPMENTS INC 7, 2, 5, 6, 70 & 74 Snowden Court and 7, 2, 5, 6, 9, 10, 73, 74, 77, 78, 27, 22 & 26 Openshaw Ploce Area Subject To Zoning By -Law Amendment Y ZBA 2023-0001 Page 3 I � I ti I � sonny as j Grore Bowmanrflle Newcastle .. Ilk 111 Lake JOn I of v Figure 1- Subject Property Page114 Municipality of Clarington Report PDS-011-23 2. Background Page 4 2.1 On December 22, 2022, an application was submitted requesting that the Holding (H) Symbol be removed from Plan 40M 2661, registered on December 19, 2019. 3. Staff Comments 3.1 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. These may include: a) servicing and municipal works including roads; b) Measures to protect of natural areas; c) Measures to mitigate the impact of development; d) The submission of required studies; and e) Execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 3.2 The subject property is zoned "Holding - Estate Residential (H)RE, "Agricultural (A) Zone", Environmental Protection (EP) Zone", and Environmental Protection Exception (EP-9) Zone". Only those lands zoned (H) RE are subject to this rezoning application. The natural areas and agricultural lands will be protected from future development. 3.3 The applicant has entered into a subdivision agreement with the Municipality and posted the necessary securities and have made the appropriate payments. The roads have been constructed and utilities installed. 3.4 The applicant has submitted building permits. The Holding Symbol must be lifted in order for building permits to be issued. Staff has no concerns with lifting the Holding (H) Symbol. 4. Concurrence This report has been reviewed by the Deputy CAO/Treasurer. 5. Financial Considerations There are no significant financial considerations for this report. The removal of the holding will allow the approved development to proceed. Page115 Municipality of Clarington Report PDS-011-23 6. Conclusion Page 5 6.1 In consideration of the comments noted above, approval of the removal of the Holding (H) Symbol for lots in 40M-2661, as shown on the attached By-law and schedule (Attachment 1) is recommended. Staff Contact: Amanda Tapp, Manager of Development Review 905-623-3379 ext. 2427 or email atapp(a),clarington.net Attachments: Attachment 1 - Zoning By-law Amendment to Remove `H' Symbol Michael Fry, DG Biddle & Associates Trinity Star Developments Page116 Attachment 1 to Report PDS-011-23 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 2023- 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 19 single detached dwellings on the subject lands. (ZBA 2023-0001); Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Schedule "2" (Clarke)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding — Residential Estate ((H)RE) Zone" to "Residential Estate (RE) Zone"; as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. Passed in Open Council this day of . 2023 Adrian Foster, Mayor June Gallagher, Municipal Clerk Page117 This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D. HjGyWAY Z MoCULL pU C'N ab Q� Q�L �O W a N O LU Z Z J Z ~ Ln QIq W O a I HIGHWAY 401 u Zoning Change From'(H)RE'To'RE' 0 Zoning To Remain A = Zoning To Remain EP ® Zoning To Remain EP-9 /V Clarke - ZBA 2023-0001 . Schedule 2 1 Page118 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: March 6, 2023 Report Number: PDS-010-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: 18T-94027 By-law Number: Report Subject: Hancock Neighborhood Phase 1A and 1 B, Certificate of Acceptance and Assumption By -Law, and Final and Other Related Works Recommendations: 1. That Report PDS-010-23 and any related delegations or communication items, be received; 2. That the Director of Planning and Infrastructure Services be authorized to issue a Certificate of Acceptance for the Final Works, which includes final stage roads and other related works constructed within Plan 40M-2364; 3. That the draft By-law Attachment 1, assuming certain streets and blocks within Plan 40M-2364 be approved; and 4. That all interested parties listed in Report PDS-010-23 and any delegations be advised of Council's decision. Page119 Municipality of Clarington Report PDS-010-23 Report Overview Page 2 This report concerns Hancock Neighborhood Phase 1A and 1B. It requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a bylaw to assume certain streets within Plan 40M-2364 as public highways. 1. Background The Subdivision Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement registered May 31, 2004, with Claret Investments Limited and 1361189 Ontario Ltd. to develop lands by plan of subdivision, located in Courtice and described as Plan 40M- 2364 (Attachment 1). The agreement required the developer to construct all roadworks, including hot -mix paving, sidewalks, curb and gutter, street trees, a storm drainage system, and streetlights, hereinafter referred to as the 'Works'. The Subdivision Agreement provides for: 1.2 Initial Works These works were issued a Certificate of Completion and subsequent and Certificate of Acceptance by the Director of Planning and Infrastructure Services. 1.3 Street Lighting System These works were issued a Certificate of Completion and subsequent Certificate of Acceptance by the Director of Planning and Infrastructure Services. 1.4 Storm Water Management System These works were issued a Certificate of Completion and subsequent Certificate of Acceptance by the Director of Planning and Infrastructure Services. 1.5 Final Works These works, which include all surface works such as curb and gutter, sidewalk hot mix paving, boulevard works and street trees, were issued a Certificate of Completion dated November 10, 2021. This initiated a one (1) year maintenance period, which expired on November 10, 2022. The Works were re -inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Planning and Infrastructure Services. Page120 Municipality of Clarington Report PDS-010-23 2. Proposal Page 3 2.1 It is now appropriate to issue a Certificate of Acceptance for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the Certificate of Acceptance for the Final Works. 2.2 Further to the issuance of a Certificate of Acceptance, a by-law is required to permit the Municipality to assume certain streets within Plan 40M-2364 as public highways (Attachment 1). 3. Financial Considerations 3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure assets. Once the assets are assumed by the Municipality, the repair, maintenance and replacement are the responsibility of the Municipality of Clarington. Specifically, the public highways identified in the attached by-law will be added to our asset register and included in asset management planning 3.2 The operational costs including winter control will be included in the Municipality's operating budgets. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that the Director of Planning and Infrastructure Services be authorized to issue a Certificate of Acceptance for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2364, and that Council approve the by-law attached to Report PDS-NNN-22 assuming certain streets within Plan 40M-2364 as public highways. Staff Contact: Karen Richardson, Manager, Development Engineering, 905-623-3379 ext. 2327 or krichardson@clarington.net. Attachments: Attachment 1 — Key Map and By -Law Interested Parties: The following interested parties will be notified of Council's decision: Page 121 Municipality of Clarington Report PDS-010-23 Bill Manson, Claret Investments Ltd. Lawson R. Gay, 1361189 Ontario Ltd. Page 4 Page122 Attachment to Report PDS-010-23 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 2023-XXX Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them. Now therefore the Council of the Municipality of Clarington enacts as follows: 1. That the blocks shown on Plan 40M-2364, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: Block 94 (0.3m Reserve) Block 95 (0.3m Reserve) Block 106 (0.3m Reserve) Block 110 (0.3m Reserve) Block 111 (0.3m Reserve) Block 112 (0.3m Reserve) Block 113 (0.3m Reserve) 2. That the streets and blocks shown on Plan 40M-2364, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Harry Gay Drive George Reynolds Drive Broome Avenue Tabb Avenue Wilbert Hoar Court Block 107 (Street Widening) Page123 Block 108 (Street Widening) Block 109 (Street Widening) Block 94 (0.3m Reserve) Block 95 (0.3m Reserve) Block 106 (0.3m Reserve) Block 110 (0.3m Reserve) Block 111 (0.3m Reserve) Block 112 (0.3m Reserve) Block 113 (0.3m Reserve) Passed in Open Council this day of , 2023. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 124 0 GEORGE REYNOLDS DR Q O Y U O U Z Q 2 Hancock Neighbourhood Subdivision Phase 1A > Plan 40M-2364 Q Q BR ME V w w U) J WIL3ERIHO CT TABBAV NASH ROAD ME]U) w qFF m .2r- George Reynolds 3 Dr. o v Y V O V C m Nash Rd. _ COURTICE 75 Pag 12REY MAP J:\Engineering\Attachments\Attachments Post ESRI Upgrade\40M-2364.mxd Clarington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council From: Amanda Tapp, Manager of Development Review Date: January 31, 2023 Memo #: Memo-006-23 File No.: Roll Number: 18-17-101-030-07900 Corresponding Building Permit Number: 21.0552 Re: Request To Extend the Use of Temporary Living Quarters at 2786 Maple Grove Road, Darlington Jeffery Rostek signed a letter of undertaking on January 25th, 2022, indicating his intent to continue to live in the existing single detached dwelling at 2786 Maple Grove Road while constructing a new single detached dwelling on the same property. The letter of undertaking was set to expire July 25th, 2022 (6 months, per Zoning By-law 84-63). Following this the existing original dwelling was to be demolished. On June 28th, 2022, Jeffery Rostek requested to extend the letter of undertaking an additional (6) months, to expire January 25th, 2023. Given this request was submitted during Council's summer recess period, the request was formally presented at the September 2022 meeting when Council resumed. On January 4th, 2023, Jeffery Rostek requested for an extension to the letter of undertaking for an additional (6) months to expire July 23rd, 2023. According to the Clarington Building Division, the last inspection completed on the new detached dwelling was for insulation and vapor barrier on March 4th, 2022. Prior to this inspection, the following inspections had been performed: Framing — February 11th, 2022 Plumbing rough -in - December 13th, 2021 Backfill — September 14th, 2021 Footings — September 8th, 2021 Mr. Rostek advised that progress through the COVID19 Pandemic was slow. Further, contractors experienced delays and material shortages which resulted in the work having The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page126 Page 2 to be completed during evenings. The family had experienced some personal setbacks having to deal with some family matters. These issues, along with contractor delays have resulted in a process taking much longer than originally expected. As of January 2023, Mr. Rostek has indicated to staff that the construction is nearing it completion. Finishing trim, closets, shelves, and closet doors. As result of inflation on material and trade costs, the remaining work is being performed by himself while balancing work and personal life. Section 3.25b of Zoning By-law 84-63, as amended, of the Municipality of Clarington, permits Council to extend the maximum six (6) months' time limitation for the use of temporary living quarters. @ If Council wishes to do this, it is recommended that the following resolution be passed: THAT Jeffery Rostek be granted a 6-month extension for the use of temporary living quarters at 2786 Maple Grove Road, subject to signing a further Letter of Undertaking. Thank you, Amanda Tapp cc: Carlos Salazar The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page127 Clarington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee From: Carlos Salazar, Director of Planning and Infrastructure Services Date: March 6, 2023 Memo #: Memo-007-23 File No.: PLN 8.4 Re: Communications Item XX, Request of Bowmanville Hospital Foundation for Mobile Sign Locations on Public Properties for the We Care, We Can Awareness Campaign Background: The Bowmanville Hospital Foundation approached the Municipality with regard to having signage for their We Care, We Can Awareness Month. Initially the Foundation was looking at roadside bag signs on wireframes for which the Municipality has a policy that is administered by Public Works. The bag signs will complement other signage for the campaign as requested in the letter to Council. The Foundation is requesting mobile signs (4' x 8') as part of the campaign. This type of signage is not allowed on Clarington's Road Rights of Way (ROW). Typically, the ROWs are not wide enough to allow for mobile signs. The Region may allow for mobile signs in select locations where they will not block sightlines. The Foundation has worked with the Region to obtain permission for the signs they wish to have placed on the Regional ROWs. For mobiles signs on private property Clarington's Sign By-law 2009-123 regulates the location, placement criteria, timeframe, and sign permit fees. The Foundations request is for mobile signs on public property. Public (Clarington) properties are regulated by Corporate Policy F108 (Attachment 1). Policy F108 was drafted and endorsed by Council at the same time as the Sign By-law came into effect. The purpose of the policy is stated as follows: "The purpose of this policy is to provide guidelines regarding the use of Municipal lands for the display of public notification signs by community groups and non- profit organizations and to guide Municipal staff in advising prospective applicants, reviewing sign permit applications, and enforcing the policy provisions." The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page128 Memo-007-23 Page 2 The policy has worked well for the various departments that manage the facilities and public lands. Planning and Development Services consult with the responsible departments when applications are received. In this case we have consulted with Community Services, Public Works and Fire and Emergency Services all of whom do not have concerns but requested that the provisions of Policy F108 with regard to placement of the signs be adhered to. The Bowmanville Hospital Foundation are also requesting a longer timeframe than the policy allows (17 weeks and 3 days rather than 2 weeks). In addition, they are wishing to locate on a number of sites concurrently. Attachment 2 is the signage request letter from the Bowmanville Hospital Foundation that provides the proposed locations within the urban areas of Courtice, Bowmanville and Newcastle to erect temporary mobile signs. Attachment 3 illustrates what the temporary mobile signage will look like for the Bowmanville Hospital Foundation's "We Care, We Can" campaign. Should Council wish to support the We Care, We Can Awareness Month, staff have provided a recommendation below. This is a one-time request and can be addressed by Council providing direction via the recommendation. Policy F108 has worked well for over a decade for non-profit and community groups and the public lands involved, staff do not recommend the policy be revised. Recommendation: 1) The request of the Bowmanville Hospital Foundation We Care, We Can Awareness Month Campaign to locate mobile signs on the following publicly owned lands be approved for the following locations: Bowmanville: Liberty & Baseline — at Tourism property King St between the CP Rail and Bowmanville Ave. Newcastle: King Avenue (north side) between Massey Drive and Given Road Newcastle Public Library (Joseph Atkinson Parkette) Fire Hall Property located at 3333 Highway 2 Courtice: Corner of Highway 2 and Trulls Rd. (north side) Trulls Road Parkette Community Services Facilities: Courtice Community Complex Garnet B. Rickard Recreation Centre Diane Hamre Complex South Courtice Arena The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page129 Memo-007-23 Page 3 2) That the approval be in accordance with the following provisions: • Mobile signs must maintain a minimum 1 metre setback from any road allowance and cannot be located within any portion of a visibility triangle. A visibility triangle is defined as the triangular space area of land abutting a road allowance or driveway that is required to be kept free of obstructions that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the street. The visibility triangle adjacent to the street shall be the area enclosed by each of the street lines measured to a point 7.5 metres back from the intersection of the street lines, and a diagonal line drawn between these two points. The visibility triangle for a driveway shall be the area enclosed by the line along the limits of the driveway measured to a point 3.0 metres back from the intersection of the street lines and the limits of the driveway, and a diagonal line drawn between these two points. • The maximum size of a mobile sign is 3.0 square metres. • Mobile signs are not allowed to have fluorescent lettering or backgrounds. 3) That the permits and fees be waived for this request, 4) That the approval be for the duration of four months (i.e., 17 weeks and 3 days), May 1 st to August 31 st, 2023, and 5) That the application and permit fee required under Sign By-law 2009-123 for the mobile sign to be placed on the lawn of the Bowmanville Hospital property (Liberty St. S between Prince St. and Queen St.) also be waived. Thank you, Carlos Salazar, The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page130 Attachment 1 to Memo-007-23 0 Irin Corporate Policy crtw I I ISL"n If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 POLICY TYPE: Operational SUBSECTION: Building/Grounds/Parking/Equipment — Access & Use POLICY TITLE: Exterior Signage on Municipal Property for Recognized Agencies and Groups POLICY #: F108 POLICY APPROVED BY: Council (PSD-032-10) EFFECTIVE DATE: March 1, 2010 REVISED: April 12, 2017 APPLICABLE TO: All Employees 1. Purpose The purpose of this policy is to provide guidelines regarding the use of Municipal lands for the display of public notification signs by community groups and non- profit organizations and to guide Municipal staff in advising prospective applicants, reviewing sign permit applications, and enforcing the policy provisions. The intent of this policy is to complement Sign By-law 2009-123, as amended, to address the demand for placing signage on Municipal property, and to protect the visual aesthetics of Municipal lands by minimizing the number of signs and by controlling their design, placement, and the length of time they are displayed. For the purpose of this policy, Municipal lands are defined as any lands, excluding road allowances, owned by the Municipality of Clarington. Such lands may or may not contain buildings or structures. 2. Policy Statement It is the policy of the Municipality of Clarington to permit signs on Municipal lands subject to the criteria contained within this Administrative and Corporate Policy. The procedures outlined below are to be read in conjunction with Sign By-law 2009-123, as amended, and do not override the Sign By-law. 3. Procedures All requests for the installation of exterior signage on Municipal lands shall be directed to the Planning Services Department. Any requests for announcements to be displayed on the LED displays located at the Municipal Administrative Centre and Tourism office shall be directed to the Manager of Communication and Tourism. F108 Exterior Signage of Municipal P ge 1t3y1 Page 1 of 5 0 Orin Corporate Policy cr, UBE loon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Any requests for announcements to be displayed on the LED displays located at the Municipality's Recreational Facilities shall be directed to the Facility Supervisor of the individual Recreational Facility. 4. Types of Signs Permitted and Prohibited Temporary mobile signs, poster signs, and banners are permitted. All other types of temporary signage are prohibited. Banner signs are only permitted at the Tourism Information Centre, 181 Liberty Street South, Bowmanville, upon approval of the Manager of Communications and Tourism. Mobile signs are defined as a temporary sign which is not permanently affixed to the ground or to any structure, and which is designed in such a manner so as to be able to be moved from place to place. Poster signs are defined as a printed notice conveying information intended to be displayed for a temporary period of time and includes but is not limited to a bill, handbill, leaflet, notice or placard. 5. Sign Placement, Size and Number Poster Signs Poster signs are only permitted on community bulletin boards. Community bulletin boards are defined as a bulletin board erected on municipal lands by the Municipality for the purpose of providing a display surface for posters. One poster per event is permitted per community bulletin board. The maximum size of a poster is 0.1 square metres. Mobile Signs Mobile signs are not permitted at the Municipal Administrative Centre, 40 Temperance Street, Bowmanville, or any of the Municipally owned cemeteries. One mobile sign is permitted per Municipal property, with the exception of the Garnet B. Rickard Recreation Complex, and Clarington Fields which is allowed two (2) mobile signs. If, in the opinion of the Director of Planning and affected Department Head or agency, it is determined that a sign is being requested at an inappropriate location, the request will be denied. F108 Exterior Signage of Municipal P ge 1t3y2 Page 2 of 5 0 Orin Corporate Policy cr, UBE loon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Mobile signs must maintain a minimum 1 metre setback from any road allowance and cannot be located within any portion of a visibility triangle. A visibility triangle is defined as the triangular space area of land abutting a road allowance or driveway that is required to be kept free of obstructions that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the street. The visibility triangle adjacent to the street shall be the area enclosed by each of the street lines measured to a point 7.5 metres back from the intersection of the street lines, and a diagonal line drawn between these two points. The visibility triangle for a driveway shall be the area enclosed by the line along the limits of the driveway measured to a point 3.0 metres back from the intersection of the street lines and the limits of the driveway, and a diagonal line drawn between these two points. The maximum size of a mobile sign is 3.0 square metres. Mobile signs are not allowed to have fluorescent lettering or backgrounds. 6. Permit and Fee A sign permit application is required for the installation of a mobile sign. The permit application must include a sketch showing the proposed location of the sign on the lot in relation to all buildings or structures, driveways and road allowances. The dimensions of the sign, the wording, background colors and lettering colours must be included, as well as the name of the sign company that owns the sign. A sign application fee will not be charged to community groups and not for profit groups, defined as follows: A community group, as recognized by the Municipality of Clarington, is a volunteer based organization which has a constitution and by-laws in place or at minimum a mission statement or a statement of purpose. They have a Board of Directors /Slate of Officers and they provide direct services, programs or events that benefit the residents of Clarington. They may or may not be incorporated provincially and/or federally. A non-profit/not-for-profit organization is similar to a community group with a constitution, by-laws and a Board of Directors. They are registered/incorporated as a not -for -profit organization and should be able to provide their not -for -profit number". A sign permit application is not required for posters or banners. 7. Timing of Placement and Removal of Signage F108 Exterior Signage of Municipal P ge 1t3y3 Page 3 of 5 0 Orin Corporate Policy cr, UBE loon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Mobile signs and posters may be installed 2 weeks in advance of the event being announced. All signs are to be removed within 24 hours of the conclusion of the event. The Planning Services Department is to be informed of the removal of the mobile sign by the applicant. If the mobile sign is not removed in compliance with this policy, the Municipality may remove the sign in accordance with the enforcement provisions of the Municipality's Sign By-law. Applications for the installation of signs will be dealt with on a first come, first serve basis. Sign locations cannot be reserved in advance. The Darlington Soccer Club is allowed the exclusive use of a mobile sign at Clarington Fields, 2375 Baseline Road West, Bowmanville, beginning two weeks prior to and inclusive of the registration period. This exemption will only apply until such time as a permanent electronic message sign has been installed for the Clarington Fields facility. 8. Authorization The sign permit application requires that the owner of a property provide authorization for the installation of a sign on their property. The Director of Planning Services will provide the owner's authorization on the Municipality's behalf. 9. Signage Advertising Mobile signs on Municipal property may only announce events that are of a community -oriented nature such as but not limited to the following: Municipal programs offered by the Municipality including the Clarington Public Library and the Tourism Office ■ Registration notification for athletic or cultural groups that use Municipal facilities ■ Mobile signs on Municipal property may only announce events that are of a community oriented nature such as but not limited to the following: Public notices advertised by the Region of Durham or other government agencies ■ Notification of fundraising events for not -for -profit agencies ■ Public notification of special events such as blood donor clinics, arts and cultural celebrations, and events hosted by the boards of Municipal facilities F108 Exterior Signage of Municipal P ge 1t3y4 Page 4 of 5 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 ■ Clarington Board of Trade notifications ■ Personal, business or corporate advertising on mobile signs is prohibited. ■ Poster signs on community bulletin boards may be used to advertise personal notices such as lost pets or garage sales. ■ Business or corporate advertising posters on community bulletin boards are prohibited. F108 Exterior Signage of Municipal P ge 1t3y5 Page 5 of 5 Attachment 2 to Memo-007-23 • 'Bowmanville iP2 HOSPITAL FOUNDATION February 2, 2023 Municipality of Clarington Council 40 Temperance St. Bowmanville, ON L1C 3A6 Re: Signage for Bowmanville Hospital Foundation Dear Council members; On behalf of the Bowmanville Hospital Foundation, I am asking Council for permission to locate signs on public properties as identified below, for We Care, We Can Awareness Initiative signage. This initiative will raise funds for the expansion and redevelopment of our community hospital. The areas we are requesting signage to be placed are outlined below. Bowmanville: Liberty & Baseline - at Tourism property King St between the CP Rail and Bowmanville Ave. Newcastle: King Avenue (north side between Massey Drive and Given Road) Newcastle Public Library, Joseph Atkinson Parkette Fire Hall Property Courtice: Corner of Highway 2 and Trulls Rd. (north side) Trulls Road Parkette *( ' Bowmanville \ /f HOSPITAL FOUNDATION 47 Liberty Street South I Bowmanville, ON I L1C 2N4 (905) 623-3331 X 18811 Fax: (905) 623-4001 1 www.bowHF.com Charitable Business No. 11924 4903 RR0001 Page 136 j [\��'`'JBowmanville/ ._- HOSPITAL FOUNDATION Local Facilities: Courtice Community Complex Garnet B. Rickard Recreation Complex Diane Hamre Complex South Courtice Arena Bowmanville Hospital Lawn (Liberty St. S between Prince St. and Queen St.) The sign types being requested are mobile signs 4'x 8' (sign area) and the requested amount of time the signs would be on site is from May 1st to August 31st 2023. Thank you very much for your consideration. Sincerely, Frank Cerisano Chief Executive Office Bowmanville Hospital Foundation •(�)Bowmanville HOSPITAL FOUNDATION 47 Liberty Street South I Bowmanville, ON I L1C 2N4 (905) 623-3331 X 18811 Fax: (905) 623-4001 1 www.bowHF.com Charitable Business No. 119244903 RR0001 Page137 E CARE, 1E CAN AWARENESS MONTH -t1-•r'�+'4 �'K. •J� ru 1 '•v }' Attachment 3 to Memo-007-23 A5 low. i Page138