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HomeMy WebLinkAbout03-27-2023Clar*wn Planning and Development Committee Post-MeetingAgenda Date: March 27, 2023 Time: 6:30 p.m. Location: Council Members (in Chambers or MS Teams) Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Lindsey Patenaude, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at 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. March 24, 2023 Planning and Development Committee Agenda Pages Call to Order 2. Land Acknowledgment Statement 3. Declaration of Interest 4. Announcements 5. Public Meetings 6. Presentations/Delegations (10 minute time limit) 6.1 Presentation by Simon Gill, Director, Economic Development and 6 Tourism, Region of Durham, Regarding Durham Region's Economic Development Strategy and Action Plan: Ready, Set, Future: Five Year Economic Development and Tourism Strategy and Action Plan 6.2 Presentation by Brian Bridgeman, Commissioner, Planning & Economic 31 Development, Colleen Goodchild, Manager, Policy Planning & Special Studies, & Gary Muller, Planning Director - Envision Durham - Comprehensive Review of the Durham Region's Official Plan *6.3 Libby Racansky regarding PDS-021-23 - Rezoning to Facilitate 21 46 Condominium Townhouses at the Northwest Corner of Trulls Road and Nash Road in Courtice *6.4 Rodger Miller, Miller Planning Services, regarding PDS-021-23 - 51 Rezoning to Facilitate 21 Condominium Townhouses at the Northwest Corner of Trulls Road and Nash Road in Courtice *6.5 Michael Kelly regarding PDS-021-23 - Rezoning to Facilitate 21 Condominium Townhouses at the Northwest Corner of Trulls Road and Nash Road in Courtice *6.6 Bryce Jordan, GHD and Lucy Stocco, Tribute Communities, regarding 58 PDS-017-23, Envision Durham: Draft New Regional Official Plan *6.7 Mark Jacobs, The Biglieri Group, regarding PDS-017-23, Envision 62 Durham: Draft New Regional Official Plan Page 2 March 24, 2023 Planning and Development Committee Agenda 7 0 *6.8 Rosemarie Humphries and Nicole Cappadocia, Humphries Planning Group Inc. regarding PDS-023-23, Rezoning Application to Permit 33 Residential Units Consisting of 7 Single Detached Units and 26 Townhouse Units in Bowmanville *6.9 Ronald Worboy, Ronald F. Worboy Law, regarding PDS-024-23 Robinson Creek and Tooley Creek Subwatershed Study Reports/Correspondence Related to Presentations/Delegations 7.1 PDS-021-23 Rezoning to Facilitate 21 Condominium Townhouses at the 77 Northwest Corner of Trulls Road and Nash Road in Courtice 7.2 PDS-017-23 Envision Durham: Draft New Regional Official Plan 96 *7.2.1 Correspondence from Ryan Guetter and Marc Mitanis, Weston 107 Consulting regarding PDS-017-23, Envision Durham: Draft New Regional Official Plan *7.2.2 Correspondence from Wendy Bracken regarding PDS-017-23, 119 Envision Durham: Draft New Regional Official Plan *7.2.3 Correspondence from Rodger Miller, Miller Planning Services, 123 regarding PDS-017-23, Envision Durham: Draft New Regional Official Plan 7.3 PDS-023-23 Rezoning Application to Permit 33 Residential Units 126 Consisting of 7 Single Detached Units and 26 Townhouse Units in Bowmanville (Attachment 1 has been revised to include the future development block) 7.4 PDS-024-23 Robinson Creek and Tooley Creek Subwatershed Study 144 *7.4.1 Correspondence from Ryan Guetter and Marc Mitanis, Weston 167 Consulting, regarding PDS-024-23, Robinson Creek and Tooley Creek Subwatershed Study Communications Staff Reports and Staff Memos 9.1 PDS-019-23 Port of Newcastle Phase 2, Stage 3, Certificate of 175 Acceptance and Assumption By -Law, and Final and Other Related Works Page 3 March 24, 2023 Planning and Development Committee Agenda 9.2 PDS-020-23 Rezoning to Permit 8 Single Detached Dwellings and 74 182 Condominium Townhouse Units at the Southwest Corner of Hancock Road and Nash Road in Courtice 10. New Business - Consideration 11. Unfinished Business 12. Questions to Department Heads/Request for Staff Report(s) 13. Confidential Items 14. Adjournment Page 4 Meeting No. Date 3/27/2023 Item No. 6.1 Planning and Development Committee Presentations/Delegations (10 minute time limit) 1. Subject: Presentation by Simon Gill, Director, Economic Development and Tourism, Region of Durham, Regarding Durham Region's Economic Development Strategy and Action Plan: Ready, Set, Future: Five Year Economic Development and Tourism Strategy and Action Plan 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: - 6.1 Simon Gill - Region Presentation - Ready Set Future - A Place Blueprint for Durham.pdf Page 5 0 - r 2023-2027 READY SET FUTURE A PLACE Blueprint for Durham Invest • Durham Economic Development and T:,,adsm Strategy and Action Plan ((++aa;te� ..-.. � y Wf, Vision: Durham's distinct cultural identity, and its vibrant and diverse downtowns will be magnets for talent and investment, and the region's innovation community will be known for solving global challenges. Aspiration' s: A 30-Year Visio ro People Durham is a leader in Ontario for workforce skill and education attainment. Location Intensification and renewal in Durham's urban cores, and vibrant and diverse downtowns. L- Acceleration Durham's innovators are solving global challenges. Creativity Durham has a distinct identity for arts, cultural and creative industries. Enablers Collaboration, a resourcing plan, and performance metrics will unlock the potential of this Page 9 strategy. Eight Economic Growth Principles PRINCIPLE 1 ©<-© Collaboration y©� The Region will achieve bold and transformational objectives by collaborating with area municipal economic development teams, the business and academic communities, the innovation community, and other agencies and levels of government. Inves Durham 51 rZ Durham Ontario, 4 Page 10 Eight Economic Growth Principles PRINCIPLE 2 Talent Supporting the growth of the region's skilled and educated workforce is an investment in the region's economic future. The world's most successful and innovative companies will locate new offices and investments in places that can reliably deliver a skilled and innovative workforce. F �t Eight Economic Growth Principles I / PRINCIPLE 3 O Distinct Identity Through Culture Durham Region should support and enable desirable amenities and experiences to attract a diverse range of residents, visitors, and investors. Rural experiences such as recreational cycling and agri-tourism will draw in families. The arts, cultural, and creative industries will create a distinctiveness that is desirable. Eight Economic Growth Principles p � I PRINCIPLE 4 -M , °° - Vibrant, Financially = o0 -- Attainable Downtowns r, A diverse mix of housing and business premises should be financially attainable to people and entrepreneurs at each stage of their life and career. A combination of urban intensification and renewal, good urban design, 4; cultural and creative industry investment, and supporting the right place -making elements, _ will help unlock the ability to attract new graduates and a skilled workforce. �ru l W O N Eight Economic Growth Principles PRINCIPLE 5 0 0 0 III Diversity, Equity and Inclusion Durham Region should support the creation of economic opportunities for people of diverse backgrounds, identities, abilities, lifestyles and life -stages. The Region should ensure it welcomes new residents and establishes strong links with Indigenous communities to ensure there are appropriate opportunities to address past injustices and ensure an inclusive and equitable future for everyone. Eight Economic Growth Principles PRINCIPLE 6 Climate Emergency Response Durham Region's actions should clearly contribute to the commitment to reach net -zero emissions and should work to reduce the harmful impact on the global environment by the community. Clean infrastructure, clean future energy, transit, electrified mobility, urban intensification, and innovation will all contribute Durham's ability to reduce environmental impacts, build resilience to the impacts of climate change, and capitalize on the global opportunity of being a climate leader. Page 15 OF 11 r is r A ,I, Eight Economic Growth Principles s �/ PRINCIPLE 7 Innovation , The region's businesses, institutions, students, and residents should be primed to use insights %rtiti(► and research to drive the commitment to adaptation and improved competitiveness in all facets of the economy. The rapid pace of global change is creating new challenges and opportunities that are still being defined. Competing will require the brightest minds a backed by ambitious investment and underpinned with supporting infrastructure. _ Page 1 '`,/ Eight Economic Growth Principles OPRINCIPLE 8 U Infrastructure and Investment Readiness Supportive infrastructure such as transit, the Port of Oshawa, the GO East Extension and associated opportunities for transit -oriented development, along with the servicing of employment lands, all contribute to the region's competitiveness for attracting new investment. This includes the continuing collaboration among the Region and area municipalities to deliver exceptional and seamless concierge services throughout the investment attraction process and includes maintaining and marketing a steady supply of market -ready employment lands for new industrial development. Page 17 0 C LkUlIS'�T�E�R�S Agri -Food Alk 666 Applied Digital Tech (CO) Future Energy Durham's Future Economy f Next Gen Mobility Arts, Culture and Creative L Page 18 � Y i AP fop y fi �� i Durham is a leader in Ontario for workforce skill and education attainment. *i ■ ■. ■%0 0 ■ �i 00 Goals: 1.1 Identify future talent requirements 1.2 Unlock Potential of Women in STEMT 1.3 Connect Businesses to Talent 1.4 Attract & Retain Talent �i Page 20 ■ A L_. ` t•_ Cisco L: VIM i� �; # t 1 � � L f�ll}ii}ii11StRR�- ���� � ..•4 - , a. Durham has strong intensification and renewal potential in the Urban Growth Centres, and vibrant and diverse downtowns. Goals: 2.1 Urbanize Urban Growth Centres *4 2.2 Facilitate Rural Resilience 2.3 Create Magnetic Downtowns I N Page 22 IN- r I CCELER� Durham's innovators are solving global challenges. MNN Ti -11 il) il M, Goals: 3.1 Strengthen Innovation Community 3.2 Grow Local Businesses 3.3 Build a Reputation 3.4 Attract Investment wwwwMW glass, e j p 61 b Ir I Durham has a distinct identity for arts, cultural and creative industries. Goals: 4.1 Build the Tourism Brand 4.2 Strengthen Quality of Place 4.3 Champion Inclusive Tourism 4.4 Drive Prosperity through Local Love Page 26 fP T%*" ISCOVER � ,��: ��x:. -ram ram. HOP-DINEO f. 5 4P' V . it 6 wlprwwv-wv ir F bA B �� R Collaboration and resourcing that enables the PLACE blueprint. ■ 3YAMYC PEOPLE Durham is a leader in Ontario for workforce skill and education attainment LOCATION Intensification and renewal in Durham's urban cores, and vibrant and diverse downtowns ACCELERATION Durham's innovators are solving global challenges CREATIVITY Durham has a distinct identity for arts, cultural and creative industries ENABLERS Collaboration, a resourcing plan, and performance metrics will unlock the potential of this strategy 1.1 Identify Future Talent Requirements o F o 1.2 Unlock Potential of Women in STEMT ©o© Collaboration © 7• 1.3 Connect Businesses to Talent BOA 1.4 Attract and Retain Talent Talent LL I Future Energy 2.1 Urbanize Urban Growth Centres 2.2 Facilitate Rural Resilience Distinct Cultural ins Identity 2.3 Create Magnetic Downtowns 0 Next Gen Mobility 00Vibrant, Financially 3.1 Strengthen Innovation Community _ 00 Attainable Downtowns 3.2 Grow Local Businesses 3.3 Build a Reputation 0 0 0 4b III ' 1 � Diversity, Equity 3.4 Attract Investment �I and Inclusion Arts, Culture and Creative 4.1 Build the Tourism Brand �06�� Climate Emergency(CID 4.2 Strengthen Quality of Place Response 4.3 Champion Inclusive Tourism 4.4 Drive Prosperity through Local Love Applied Digital Tech Innovation 1. Delineation of Economic Development Roles across the Region T� U 2. Resourcing Plan col j Infrastructure and VInvestment Readiness Agri -Food 3. Metrics and KPIs Page 28 IW P" Simon Gill Director, Economic Development and Tourism InvestDurham.ca 77770)) \ Invest DURHAM Durham REGION Meeting No. Date 3/27/2023 Item No. 6.2 Planning and Development Committee Presentations/Delegations (10 minute time limit) 1. Subject: Presentation by Brian Bridgeman, Commissioner, Planning & Economic Development, Colleen Goodchild, Manager, Policy Planning & Special Studies, & Gary Muller, Planning Director - Envision Durham - Comprehensive Review of the Durham Region's Official Plan 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: - 6.2 Envision Durham - Region of Durham OP.pdf Page 30 Envision Durham Draft Official Plan February 2023 _ - ----__... :'irk � '� _ _- �, _ _� _v _�,__ _��.,;�• 11`.!71 D N- j' ra e r-ial-I.Off F,11'a R 10 -Cia J � i2. r., fr «C., r �.�•LM 71.1i '' ywy^'��' . �r� 1r � ' .� sip .�. '�" , � �� � -'`"�' . - /.��. ,`'{• 15i= �'�r''ir��1,� - _ ,1.. •-1 �'►, Municipality of Clarin ton Council' 94 March 27, 2023 Road W z a m` Road W Rossland Road E • Provincial plan and policy conformity • Growth Plan • Greenbelt Plan • Oak Ridges Moraine Conservation Plan • 2020 PPS • Regional Council plans and recent directions Page 32 ProvinciaL PoLicy Statement, 2020 u�aE+u�aoMmsn« 6-'Vm�. IDURHAM TRANSPORTATION MASTER PLAN 2017 RESILIENCE s� CONNECTING COMMUNITIES 2 Prologue Municipality 2051 Population • i raaltlonai ierrltory ACKnowieagement • Regional Structure — planning for the necessary services and infrastructure to 2051 • Achieves the minimum 50% intensification rate Ajax Brock Clarington 199,110 20,930 221,020 2051 Employment 61,910 7,370 • DURHAM Our Region. Our Plan. Our Future. Oshawa Pickering Scugog 298,540 256,370 29,310 70,320 107,280 93,790 Page 33 12,350 Chapter 1 Regional Structure Uxbridge Whitby Durham 29,830 244,890 1,300,000 11,770 95,210 460,000 Chapter 2 A Prosperous Region Supports growth Regional Initiatives and economic Interrelationship between key infrastructure investment and development • Supporting and fostering innovation • Develop targeted strategies in furthering economic development 00,000000- �N 111 I I e"WT- ,p�. • ENV IsI0 • DURHAM Our Region. Our Plan. Our Future. Page 34 Chapter 3 Healthy Communities • Range and mix of diverse housing opportunities • Commitment to climate change adaptation and mitigation • Multi -modal transportation to support complete communities • Access to community health and services • Protection of built and cultural heritage • Importance of place -making —_iu.�_ - Iff =M17 a ENVISION • DURHAM Our Region. Our Plan. Our Future. Page 35 gym' Chapter 4 Supportive Infrastructure . Integrating& Services � p g g g planning and growth management with infrastructure and provision of services* p , • Infrastructure phasing and financial management • ENVISION • DURHAM Our Region. Our Plan. Our Future. Page 36 I �r Chapter 5 Vibrant Urban System ■ w • Strategic Growth Areas • Urban Growth Centres • P M TSAs • Regional Centres • Rapid Transit Corridors • Regional Corridors • Community Areas • Employment Areas 4p6r,, o;N Our Region. Our Plan. Our Future. Page 37 Official Plan of the Regional Municipality 70 of Durham Simcoe County Map 1. Regional Structure — Urban & Rural Systems anSy� -Sy— Lake Simcoe C—try—iaentia —didalcn ll ban Or— ree(UGC) Rural E. plo errt Areee Pranatsdeti n°ar a (aMiSA) Shoreline Reslnenoel - UGC IP TSA Ovenap PI., Pg ncultureI Press aReplanal Centre= B re Nears '��Exlsling Repltl irenStCorrltlor GO5l Mion � Fraposed OO Sialion Regional Corridor ExlIian GOR Regional Centres A. y l WalerPlaced 00 -I R —fiont .� Com munl�y Areas OO Existing Airport ��__ Em I MPrees peyme o FptpraAirp.n �,,ry Emp loiren� GorFtlor— yme k6t, Nuclear Genera[In951alion a—h o �prmer Haml 'spaaalsmay Regional Municipality -- - Ma,Js0­ spaaa Hasa Araaa - of -York- "° ' Brock wa--A,eas 0 sp peep v eas 1 o Os Rtlges More e — ndi�Iga°eas NerDRAFT Kilometres City of f Kawartha Lakes SRc � aa� mm� a�ow J-- -- -- ---- n sn F f �I��'frrlYilll�` A�L�II���III�III��N-11 I�J r 1►n�f11i1iYimF'f"',�pi r _r�w� .�lllIm7 2051 Population: 221, 000 (+110%) 2051 Employment: 70,300 (+135%) Municipality of Clarington Taunton Road z Chapter 6 Thriving Rural System • DURHAM • Sustainable, diversified and productive Agricultural System and economy • Healthy Rural Settlements • On -farm diversified uses and agricultural — related uses • Rural lot creation and severance policies • Protection of aggregate resources and modern aggregate rehabilitation policies Our Region. Our Plan. Our Future. Page 39 Chapter Protected Greenlands System ENVISION DURHAM • Regional Natural Heritage System overlay • Identifies Urban River Valleys from Greenbelt Plan • Watershed planning • Sourcewater protection • Lake Simcoe Protection Plan • Traditional Ecological Knowledge • Ecosystem compensation Our Region. Our Plan. Our Future. Page 40 Official Plan of the Regional Municipality of Durham Map 2a. Regional Natural Heritage System - Regional Nataral Hertaga Syct— Enhan—ent Oppwurrtyft— FutureAlrpon [] sponal 5tuay Areas u Jrban Are. 2051 Urhan F:p—i—Areas Kilometres City of Nawartha Lakes aa�ugas �N 4$we �a Lake Ontario ri Chapter 8 Connected l Transportation System • Transportation infrastructure to reduce GHGs and avoid natural environmental impacts • Complete Streets approach • Incorporates TOD strategies • Supports intercity passenger rail projects • Emphasizes active transportation, TDM and infrastructure • New Right -of -Way requirements schedule and mapping P t461, DURHAM Our Region. Our Plan. Our Future. Page 41 Slmcoe Comxy Lake Slmcoe .n Reglonal Munlclpaliry of Tork Bmck Uxdridge Official Plan of the Regional Municipality of Durham Map 3e. Regional Road Right -of -Way Requirements Speelfk Rlgh-f-MyWdrh Rl ghl-of.Wry Mldlh Raregev ge niavaap (In mmmr 2,23 20-22,226 26 ---- 2&30 23 2&32 30 ... 30-34.30-36, 32 3G 32. M.3e Ho -CZ 33 aags a7 ... r � 00 1 . 1 Ttefei la TadeB foi aedim xa[rpinnc e5 1.1 Boundary Regional road nu under Rurh am junadinion 0 Speofir Ru Jcrwn Hamlet n 206,V'w DRAFT ® Q5� man ArEa Eap�ns�on Areas 0 5 70 15 xlmwm City og KawarNa Lakes ,(J qn ) r !.] lot � � Scugag o 7 �'rx,9iitby �sh,7gN � , ,� I rFLO] .A . J o. n L , AJe% r Lake Q,Wio ng f m.mrer..m...m aareeoi.eromrec • Comments on draft new ROP due by April 3 • Committee & Council to consider the recommended new Regional Official Plan at a future meeting — late May • Following adoption, the new ROP will be submitted to the province for approval F, ENVISION DURHAM • ENVISION • DURHAM Our Region. Our Plan. Our Future. Page 42 12 Envision Durham Draft Official Plan February 2023 _ - ----__... :'irk � '� _ _- �, _ _� _v _�,__ _��.,;�• 11`.!71 D N- j' ra e r-ial-I.Off F,11'a R 10 -Cia J � i2. r., fr «C., r �.�•LM 71.1i '' ywy^'��' . �r� 1r � ' .� sip .�. '�" , � �� � -'`"�' . - /.��. ,`'{• 15i= �'�r''ir��1,� - _ ,1.. •-1 �'►, Municipality of Clarin ton Council' 94 March 27, 2023 Map Links •Map 1. Regional Structure - Urban & Rural Systems *Map 2. Greenlands System *Map 3. Transportation System •Map 4. Aggregate Resources 04F& DURHAM Our Region. Our Plan. Our Future. Page 44 Meeting No. Date 3/27/2023 Item No. 6.3 Planning and Development Committee Presentations/Delegations (10 minute time limit) 1. Subject: Libby Racansky regarding PDS-021-23 - Rezoning to Facilitate 21 Condominium Townhouses at the Northwest Corner of Trulls Road and Nash Road in Courtice 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: - Comments on PSD-021-23 (2).docx Page 45 Comments on already approved PSD-021-23 by Libby Racansky Public had chance to comment on this application once long time ago while developers had ample time for their, as they call it revision. Province and the Region claim that there is a need for considering natural features functions is still within theirs 2022 PPS and Envision. My concerns always were and still are about all applications located at the Lake Iroquois Shoreline within Courtice north and its unconfined aquifer that is underlain by CLAY as all previous reports stated and that it is vulnerable to contamination and water table lowering, flooding or pooling (as it is very visible now at Marlin Spring at Hancock Rd., Farewell Heights around Trulls/Peblestone and few other areas that were disturbed by development that could consider these impacts by protection of very important trees that keep the groundwater underground, as it should be. Council approved this application anyway. No funding that could improve these conditions little bit was requested, even though we should be eligible for federal gas tax money, as other municipalities were. Our staff are not magicians to rectify negative impacts. Can4. � OntNk. 2 m v CLOCA is not allowed to express themselves, which is the case of Condo proposal now. Condo site is located at this water basin — blue color. lust because the groundwater is located underground and is not visible to human eye, it doesn't mean that this site or others that are located at this COMMON aquifer, is not important. 1 Page 46 The groundwater is the best source of municipal water supply that is transported by Creeks into the Lake. It should be of concern of anybody to keep it clean. Here we go again, second time with condo application. This site is very similar to Harmony/Hwy 2 in Oshawa development that is located in the same watershed of Harmony/Farewell and Black Creeks. Oshawa listened to its people and instead of digging into ground they used clean fill for condo basement that didn't disturb the groundwater in any way. Before that, there was always pooling visible around storm sewer little bit down from this site that flooded Hwy 2 after every precipitation. Our Group of Friends of the Farewell on top of this replanted more Harmony Creek and Park close by the Hwy 2. Flooding stopped. Too bad that developers are in business to remove all trees rather than to save some for the good of people. This time, some trees will be saved north of the site in Courtice by using the dripline around these trees to protect their roots. I am sure that local and future residents will enjoy them and their functions. This was recommended for Marlin Spring in Courtice by their own study, but it was not used. 1 301 8 I= Zoning From 'R2- Tv 'EF- ® Zoning Change From 'R2' To '(">R3-71' Zoning Cf.an9� Frwra 'RZ' To '(H]i23�7' 2oneng Gtyange Fram 'Ed Tu '(Fi)R3-6T Do you see the blue triangle- these are the trees I was hoping to protect that could help the tributary flowing to Black Creek to be clean. Green color depicts protection of trees. 2 Page 47 These trees (quotes from Condo studies) 7.6 Recommendations by study were also made to minimize potential impacts during the site preparation, construction, and post -construction period. With fill, this could lessen these concerns. Also, Environmental Noise Report recommends provision for air conditioning for specified units and the inclusion of warning clauses in offers of purchase and sale. Trees that will be removed could help greatly to reduce noise coming from the busy intersection of Nash/Trulls and it could reduce the heat coming from burning sun to their apartments. Point 4. As per Provincial Policy Statement that states that healthy, livable, and safe communities - high quality public open space should be considered. Arborist Report and Tree Preservation Plan, prepared by Newleaf recommended compensation for removed trees somewhere else. Where? You can never replace hundred years old trees, their function or positioning. Here were seepage springs some years back. 11.5 Comments received from Departments and Agencies related to detailed design will be captured in the proposed conditions of draft approval for the plan of subdivision. The recommendations of a number of the background studies will be included in the conditions of draft approval. Where necessary report updates may be required. am hoping that our Council approve this section in hope that developer will change his mind to serve local people better. Here are si kWh hotos of Harmony/Hwy 2 that were submitted by me: 3 couldn't stop anywhere to take a better pic to see the fill because business of this intersection. Also, curvature of building could ease groundwater flow instead of straight Condo case that may hinder flow on Nash Road. ' == Once more, there were springs coming up at Condo site NW corner (now blue triangle) and trees were planted there by the first settlers. The other side of intersection was reed marsh — now plaza. We cannot go like this destroying everything important everywhere, especially at our groundwater recharge area. Young generations will be punished for our actions in many ways — health -wise, safety wise, paying high tax and especially by changing climate change for the worse. Here is the article about Climate change action- Star March 201 2023: The UN just released a landmark climate -change report. Here's the grim timeline by UN Secretary General Antonio Guterres: "In short, our world needs climate action on all fronts — everything, everywhere, all at once ". "Countries such as Canada must slash carbon emissions by almost half in the next seven years to prevent that same fifth -grader from living out her old age in a world with increased floods, fires, crop failures, forced migration and infectious disease outbreaks, and to zero by 2050", according to the Intergovernmental Panel on Climate Change Synthesis Report. "Protecting intact forests, older but healthy trees, wetlands and other natural ecosystems would have massive payoffs". Clarington OP and CLOCA -tributary depiction 4 Page 49 Meeting No. Date 3/27/2023 Item No. 6.4 Planning and Development Committee Presentations/Delegations (10 minute time limit) 1. Subject: Rodger Miller, Miller Planning Services, regarding PDS-021-23 - Rezoning to Facilitate 21 Condominium Townhouses at the Northwest Corner of Trulls Road and Nash Road in Courtice 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: - 6.4 - Rodger Miller.pdf Page 50 1640=1 644 Nash Road, MILLER PLANNING SERVICES LAND PLANNING & DEVELOPMENT CONSULTING Courtice Luxury Townhouses DEVELOPMENT s Page 51 ti f 1 . � n z F _ 52 I w -Ao A L 16, _. -4 . 1 �• MR-8-11—.P F - OL ;0- SITE PLAN 111 Am j I _I 1 0. 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Rr��. +_�t,_ '... `�. r I ,di,- ,rt yy 3. l,�.+.f F ± ', r�• r i": - Y, �"' , •br {1' �r' '-;� mod.+: .5 , ! h - ,� Al , r-' s,'r � �J1 .: '�+� _ �...a ++�f f � 't... Y .. � .. a.-; .._-F• r _ } ' •SS.,r' `4 r may' ' ' rrC• ,.}' r 4._ i'^+r�.jrr•�+1. .,ni jj,. �i `•r .#.. ,r4( .r ?Y y '-,+,'yY , • i.r{5{,�i: _'.i\r.' 'f S } r y �J` �5 ••l �/ } a 1 _ •,,�,�c'? L.' 1 r _ H']I�' k + •ref '}"aY + z { ti,.Sr ,R�'- y{• }` 'zy�, AMA Ar �f����,�jf��+-' �r � L+ � �'j r ' � ir:T •. * 4 Y tiR]�� .� S` .±�.ifd��'yy �G', f ' r.l. � - ' .� F i r'`.F Ted eL�4{`' '"4� � p - . oo �• r •F� r 1 � ' - ti 1p yi Ff. q l' iY ' � ��� � +,; •+!+'' ,,,• r.� - +, �f. a �+' R'r'; f...+ Lm �• *s ti 4k. Y ='' tla+I .:Pd t�X ! z;' ., ..1 .•4,.[ .t, A 77 1 Ilk,. L Questions and comments are now welcome... Page 55 Meeting No. Date 3/27/2023 Item No. 6.5 Planning and Development Committee Presentations/Delegations (10 minute time limit) 1. Subject: Michael Kelly regarding PDS-021-23 - Rezoning to Facilitate 21 Condominium Townhouses at the Northwest Corner of Trulls Road and Nash Road in Courtice 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: Page 56 Meeting No. Date 3/27/2023 Item No. 6.6 Planning and Development Committee Presentations/Delegations (10 minute time limit) 1. Subject: Bryce Jordan, GHD and Lucy Stocco, Tribute Communities, regarding PDS-017-23, Envision Durham: Draft New Regional Official Plan 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: - 6.6 Bryce Jordan.pdf Page 57 1 1 1 1 � :i1► 1 • ■� ■ "��■.■� MEN • CorridorProposed Settlement Area Boundary Oak Ridges Moraine Areas Expansion Areas Regional Centre / Regional .. BoundaryPrime Agricultural Areas Urban Area Employment.. Boundary EmploymentMajor Open Space Areas Selected Endorsed LivingAreas- (for context) Hamlet Proposed Major Transit Waterfront Areas Station Area Extension TRIBUTE Project No. 11219715 N HALMINEN [NEWCASTLE] Revision A Date MAR.2023 Subject Lands ENVISION DURHAM - SETTLEMENT AREA BOUNDARY EXPANSIONS - CLARINGTON[ATTACHMENT #4] Figure A Filename: G:16621112197151TechlPlanninglFIGURE5111219715-FIGURE B.dwg Pago 58 Plot Date: 02 March 20231:30 PM rown L�4do t r AD 3 CONCESSION ROAD 4 O W SUBJECT z LANDS >J O W Y CONCESSION ROAD 3 U 2 ~ Z SUBJECT O LANDS z 17 Of J Z 0 35 115 Q A C l 1 NEWCA STL E• t Proposed Cycle and Trail Network Cycle Lane Multi Use Path 'L Paved Shoulder Signed / Shared Lanes Proposed Trails Greenbelt Cycle Route Trail Network Existing Cycle Lane / Shared Route Clarington Initiative Waterfront Trail Potential Regional Trail Connections Existing Trail estination, Barriers and inks Pedestrain/Cyclist Barrier �—► Key Linkage Key Active Transportation Destination Future GO Station Other Features Freeway Arterial Road Collector Road Local Road ♦•♦ Municipal Boundary Watercourse Highway 407 Corridor Waterbody Urban Area Greenbelt TRIBUTE / HALMINEN (NEWCASTLE) ,lob Number 11219715 Revision A CLARINGTON ACTIVE Date MAR2023 TRANSPORTATION PLAN Figure B Pagen5greet, Whitby Ontario L1 N 8Y3 T 1 905 686 6402 F 1 905 432 7877 E ytomail@ghd.com W www.ghd.com Plot Date: 10 May 2021 -8:08 PM Plotted by'. Jo -Anne Theurer Cad File No: G \662\11219715\Digital_Design\ CAD 2017\Figures\Figures\11219715-FIGURE A.dwg CONCESSION ROAD 4 CONCESSION ROAD 4 M Y o CLARKE HIGH SCHOOL AND PINES SENIOR PUBLIC SHCOOL HALMINEN HOMES TRIBUTE h COMMUNITIES M Y 2 CD 2 l� CONCESSION ROAD 3 1 Ll CONCESSION ROAD 3 / W POSSIBLE lY i IMPROVEMENTS / TO INTERCHANGE o / o � J w �e m � z 0 0 o: NO TH VILLAGE o SEC NDARY PLAN 2 AREA 0 i 0 qI REALIGNMENT OF REGIONAL ROAD No. 17 AND POSSIBLE IMPROVEMENTS TO HIGHWAY 35 / 115 INTERCHANGE ARE AS PER ALTERNATIVE 3 FROM "REGIONAL ROAD 17 REALIGNMENT INTEGRATED CLASS EA STUDY'. LEGEND: HALMINEN HOMES Project No. 11219715 N TRIBUTE COMMUNITIES Revision A REQUESTED SABE EXISTING COMMERCIAL 0 100 200 300m ® SABE REQUEST Date MARCH. 2023 (82 ha - 203 ac) USES IN REQUESTED SABE --�4 EXISTING URBAN ROAD REALIGNMENT SCALE 1:10,000 AT ORIGINAL SIZE CONTEXT PLAN � BOUNDARY — — — — (30mRIGHT-OF-WAY) Figure C Filename: G16621112197151TechlPlanninglConcepg11219715-CP.dwg Plot Dale: 02 March 20231:28 PM Meeting No. Date 3/27/2023 Item No. 6.7 Planning and Development Committee Presentations/Delegations (10 minute time limit) 1. Subject: Mark Jacobs, The Biglieri Group, regarding PDS-017-23, Envision Durham: Draft New Regional Official Plan 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: - 21800_Letter Clarington_Comments on Draft Durham OP_Hampton_2023.03.24.pdf Page 61 BIGLIERIGROUP March 24, 2023 Municipality of Clarington Planning and Development Committee 40 Temperance Street Bowmanville, ON L1 C 3A6 Attention: Granville Anderson, Chair, Planning and Development Committee Dear Mr. Anderson, RE: Envision Durham: Draft New Regional Official Plan PDS-017-23 72 Ormiston Street, Hampton Municipality of Clarington TBG Project No. 21800 The Biglieri Group Ltd. ("TBG") is the planning consultant for Honey Harbour Estates Ltd. (Fourteen Estates), the owner of the lands legally known as Part of Lot 17, Concession 5, Darlington and municipally known as 72 Ormiston Street in Hampton, Municipality of Clarington ("Subject Site" or "Site"). The Subject Site is located north of Ormiston Street and east of Old Scugog Street (Figure 1). The Subject Site is located outside the Hampton Hamlet Boundary and is currently designated as Prime Agricultural Areas in the Durham Regional Official Plan (May 2020 Consolidation) (Figure 2). We are writing on behalf of the owner to request endorsement from the Municipality of Clarington that the Subject Site be included within the Hampton Hamlet in the Draft Durham Regional Official Plan ("Draft ROP"). BACKGROUND The original landholding consisted of the Subject Site and the lands immediately to the south fronting Ormiston Street. Consent applications were approved in 2012 and 2017 creating a total of eleven (11) new residential lots fronting on Ormiston Street. These lots are currently within the Hamlet boundary and zoned for rural residential uses. The Subject Site was designated as Hamlet as part of Municipality of Clarington Official Plan Amendment 107 as a minor rounding out of the Hampton Hamlet Boundary, adopted by Clarington Council on November 1, 2016, as shown on Exhibit 12" of Staff Report PSD-060-2016 (Figure 3). OPA 107 was approved by Durham Region on June 19, 2017, however, the minor rounding out of the Hamlet boundary was deferred subject to the completion of studies to support the rounding out. The minor rounding of a Hamlet in the Protected Countryside of the Greenbelt was permitted as per Policy 3.4.3.2 of the Greenbelt Plan, 2005, which was in force at the time of OPA 107 being approved by Durham Region. PLANNING I DEVELOPMENT I PROJECT MANAGEMENT I URBAN DESIGN 2472 Kingston Road, Toronto, Ontario, M1N 1V3 126 Catharine Street North, Hamilton, Ontario L8R 1J4 Office: (416) 693-9155 Fax: (416) 693-9133 tbg@thebiglierigroup.com Page 62 THE BIGLIERI GROUP LTD. In addition to the deferral, Modification 80 by Durham Region in the Notice of Decision was the addition of Policy 12.4.6 stating "Notwithstanding policy 3.4.3.2 of the Greenbelt Plan, minor rounding out of the hamlet boundaries of Newtonville, Leskard, Maple Grove, Kendal, Hampton and Solina may be permitted in accordance with the relevant policies of the Greenbelt Plan and the Durham Regional Official Plan, subject to the completion of appropriate studies to justify and establish the limits of such rounding -out". As noted above, the Subject Site was added to the Hampton Hamlet Boundary as part of Clarington's Official Plan Review that culminated in OPA 107. The Hamlet expansion was subsequently deferred by Durham Region subject to the completion of studies by the landowner. It is our understanding that Clarington agreed with the deferral on the basis that the Hamlet rounding out was preserved under the Greenbelt Plan that was in force at the time of OPA 107 being adopted by Clarington and approved by Durham Region (prior to July 1, 2017). A submission was made in October 2016 by CM Planning Inc. to the Province as part of the coordinated land use planning review for the Greenbelt Plan and Growth Plan (Attachment 1). It was requested that the policy permitting the minor rounding out of Hamlet boundaries be reinstated in the proposed Greenbelt Plan or proposed Growth Plan. This would allow for the rounding out of the Hampton Hamlet Boundary as considered by the Municipality of Clarington through OPA 107. The owners appealed the approval of OPA 107 by Durham Region to the Local Planning Appeal Tribunal (LPAT) with respect to the designation on the land use schedules showing the extent of the boundary of the minor rounding out, Minimum Vegetation Protection Zone -Table 3-1, Natural Heritage System policies, and Implementation policies. The appeal was subsequently withdrawn. DRAFT REGIONAL OFFICIAL PLAN DESIGNATION As part of Envision Durham, a Settlement Area Boundary Expansion request ("SABE") was submitted by the owners to expand the Hampton Hamlet Boundary to include the Subject Site. The SABE for the Subject Site is identified as BER-34 in Durham Region Staff Report #2021- INFO-84. As outlined in Attachment 1 to Staff Report #2021-INFO-84, it was requested by the owners "that the Deferrals to the Clarington Official Plan be resolved to include the subject lands within the Hamlet of Hampton, and to also include adjacent lands to the west within the Hamlet boundary, to permit the development of a 13 Lot Plan of Subdivision". On February 10, 2023, the Draft ROP was released to the public for review and comment. The Subject Site was not included in the Hampton Hamlet as requested and designated as Prime Agricultura Areas with the Hampton Hamlet boundary immediately to the south on Map 1 - Regional Structure in the Draft ROP (Figure 4). Further, the Subject Site is completely within the Regional Natural Heritage System overlay as shown on Map 2a - Regional Natural Heritage System (Figure 5). TBG COMMENTARY AND RECOMMENDATIONS TBG recommends that the Hamlet boundary be extended to include the Subject Site in the Draft ROP as it corresponds with the Municipality of Clarington's intention to designate the Site as Hamlet through OPA 107 and to be used for residential purposes. The designation of the Subject Page 63 THE BIGLIERI GROUP LTD. Site as Hamlet will allow for more housing to be built to meet the Province's goal of 1.5 million homes built over the next 10 years. The north and west portions of the Subject Site are constrained by woodland and wetland features while the lands to the south have been developed for residential uses. Factoring these limits leaves very little area for agricultural uses resulting in low production value and utility. Additionally, residential lots and a looping of Ormiston Street were contemplated when the lots to the south were severed from the Subject Site as demonstrated on the conceptual Draft Plan of Subdivision prepared by D.G. Biddle (Attachment 2). Future development of the Subject Site will preserve the existing natural heritage features and respective protection zones, which will be outlined in an Environmental Impact Study to be submitted with a future development application. Additionally, studies such as a Hydrogeological Report, Phase One Environmental Site Assessment and Minimum Distance Separation will also be submitted in support a future development application and minor rounding out of the Hamlet. With respect to the Regional Natural Heritage System, the entirety of the Subject Site was added to the draft Regional Natural Heritage System though a significant portion does not contain any natural heritage features. Constraints mapping was completed by Oakridge Environmental that delineates woodland and wetland features and their environmental setbacks (Attachment 3) we recommend that the mapping maintain the limits of the Key Natural Heritage and Hydraulic Features from Schedule 'B' — Map '131e' in the current Regional Official Plan (Figure 6) that is generally consistent with the Oakridge Environmental mapping. For the reasons explained above, we therefore request support for an expansion of the Hampton Hamlet boundary to include the Subject Site as was adopted by the Municipality of Clarington in 2016 through Official Plan Amendment 107. We trust you will find all in order, however if you have any questions or require additional information, please contact the undersigned at your earliest convenience. Respectfully, THE BIGLIERI GROUP LTD. Mark Jacobs, MCIP, RPP Senior Planner cc. Carlos Salazar, Director of Planning and Infrastructure Services Lisa Backus, Manager of Community Planning Rick Rondeau, Honey Harbour Estates Limited Page 64 THE BIGLIERI GROUP LTD. 4 Figure 1: Aerial View of Subject Site. (Source: Municipality of Clarington, 2022) ## PZ �k I • I 1HAMPTON 4 rTAUNTPN ROAD = SLINJECt Sir[ SUBJECT SITE LIVPNG ARMS = HAhdL ET PRIME AGMOATURAL_ AREAS MAPM QPEN SPACE AREAS � • a • a C+ fl7 Figure 2: Subject Site in Schedule 'A', Map 'A3', of the Durham Official Plan (2020) (Source: Durham Region, 2020) Page 65 THE BIGLIERI GROUP LTD. SUBJECT }{1G1-1V4iA*' 407 SITE It SUBJECT SITE HAMLET PRIME AGRICULTURAL AREA -€NYWNI IENTAL PROTECTION AREA - RURAL APPMEOTOOLT DEFERRED IRV DURHRM REGION Figure 3: Subject Site in Exhibit 12", OPA 107 to the Municipality of Clarington Official Plan, Map Al, Land Use, West Clarington North Rural Area (Source: PSD-060-2016, Municipality Of Clarington, October 2016) SUBJECT SrE SUBJECT HAMLET �TE PRI'ME AGRICULTURAL AREAS HIGHWAY 407 0 MAJOR cmFJ SF AREAS Figure 4 [Hampton TAIL NTO ROAD Draft Durham Regional Official Plan: Map 1 —Regional Structure (Source: Durham Region, February 10, 2023) Page 66 THE BIGLIERI GROUP LTD. L HIGHW Q7 SUBJECT WE URBAN AREAS REGIONAL NATURAL HERITAGE SYSTEMS FNHANCIMENT OPPORTUNfrY AREAS Figure 5: Draft Durham Regional Official Plan: Map 2a — Regional Natural Heritage System (Source: Durham Region, February 10, 2023) SUBJECT SITE KEY NATURAL HERITA-GE AND "YWOLCIGIC FEArLIRES F CMEENBFLT NATURAL HEWAGE SYSTEM Figure 6: Subject Site in Schedule 'B', Map 'B1 e', of the Durham Official Plan (2020) (Source: Durham Region, 2020) Page 67 THE BIGLIERI GROUP LTD. SUBJECT SITE REQUEST TO BE ADDED TO THE HAMLET AREA ABUTTING LANDS sUAU Figure 7: Proposed Modification to Hamlet Boundary (Basemap source: Township of Scugog, 2017) 52447556.1 ATTACHMENT 1 CM PLANNING INC. 11111100 DEVELOPMENT CONSULTING October 28, 2016 The Honourable Bill Mauro Land Use Planning Review Ministry of Municipal Affairs Ontario Growth Secretariat 777 Bay Street, Suite 425 (4th Floor) Toronto, ON MSG 2E5 Dear Minister Mauro Re: Co-ordinated Land Use Planning Review Hamlet of Hampton — Certain lands owned by 562503 Ontario Limited and Honey Harbour Heights Estates Ltd. Part of Lot 17, Concession 5, in the former Township of Darlington, Clarington CM Planning Inc. is the planning consultant for 562503 Ontario Limited and Honey Harbour Heights Estates Ltd. ('Fourteen Estates'), the owners of property (the 'Property') located north of Ormiston Street, adjacent to the Hamlet of Hampton, in the Municipality of Clarington. The Property is currently identified through Clarington's municipal official plan conformity exercise in the Clarington draft Official Plan as lands subject to a minor rounding out of the hamlet boundary. Please refer to Attachment 1 which shows the location of the Property and the extent of the proposed rounding out. At its Planning and Development Committee meeting on October 24, 2016, the Municipality of Clarington considered Official Plan Amendment No. 107 to implement the Clarington Official Plan Review to bring the Official Plan into conformity with the Growth Plan, the Greenbelt Plan and the Durham Official Plan. Clarington is proposing a minor rounding out of six hamlets including the Hamlet of Hampton. Proposed Greenbelt Plan and Growth Plan 2016 The removal of policy 3.4.3.2 of the Greenbelt Plan (allowing for the minor rounding out of hamlets) and the restriction of policy 2.2.8.2.m) in the proposed Growth Plan (limiting settlement area boundary expansions to Towns or Villages), results in the containment of all hamlets to their existing boundaries. This does not serve rural populations within municipalities whose options for rural housing type and location in the countryside are severely restricted. There is a vast difference between directing growth to urban centres and eliminating any option for accommodating any limited growth in hamlets. This one -size -fits -all policy framework for the entire Greater Golden Horseshoe may work for more urban centres but does not work for rural communities over the life of the Provincial plans. Policy 3.4.3.2 of the Greenbelt Plan 2005 allows for the minor rounding out of Hamlet boundaries at the time of municipal conformity. This policy has been acted on by various municipalities 3042 EBONY STREET, AJAR, ONTARIO, L1S 1B9 CMPLANNING@BELL.NET / 905-391-3697 Page 69 CM PLANNING INC. 11111100 DEVELOPMENT CONSULTING across the Greater Golden Horseshoe, including the Municipality of Clarington. In many instances the conformity process is either underway but not yet finalized or subject to deferrals. With the removal of policy 3.4.3.2 of the Greenbelt Plan 2005 and the restriction of policy 2.2.8.2.m) of the proposed Growth Plan, the status of the rounding out of hamlets in various stages of approval is now uncertain. Furthermore, transition provisions are required to protect municipalities who are midway through implementing policies of the Greenbelt Plan 2005 and property owners who have made investment decisions based on existing Provincial policy. As such, we request that the policy permitting the minor rounding out of hamlet boundaries be reinstated in the proposed Greenbelt Plan or proposed Growth Plan. Further, we request that the policy not be restricted to being permitted only at the time of municipal conformity, but at the time of a municipal comprehensive review. Alternatively, we request that transition provisions be added to allow for the continued consideration of the minor rounding out of hamlets where a municipality had initiated the consideration of a minor rounding out under the Greenbelt Plan 2005 prior to the date the proposed changes to the plans come into effect. Thank you for your consideration of this matter. Please contact us should further information be required. Yours truly CM PLANNING INC. Carolyn Molinari cc Rick Rondeau, Fourteen Estates 3042 EBONY STREET, AJAR, ONTARIO, L1S 1B9 CMPLANNCNG@BELL.NET / 905-391-3697 Page 70 CM PLANNING INC. DEVELOPMENT CONSULTING Attachment 1 ♦ � MINOR ROUNDING I.�� � .-/ OUT _._. HA PTON � Q I J oEd I r Location Map of Property — Subject to Proposed Hamlet Rounding Out Base map: Municipality of Clarington Official Plan Map Al with draft Official Plan 2016 Map Al overlay 3042 EBONY STREET, AJAR, ONTARIO, Ll S l B9 CMPLANNING@BELL.NET / 905-391-3697 Page 71 ATTACHMENT 2 /, \ \ / / V \. l000l /l000l to \ \ \ .�3 i I � I I wo" / I \ \ \ V \ / 00 o \ \. / I I I i3 I /� y / I I I I I o \ 0)0 r- N 3 cn 0 3 I I I D r / v LA N Y y I I Z I ozr I 4. 29 ' — z79m m I _ � I O I -� 00 I I 3 Q1. v w �� 0 \ O U7 / I I I m r � w I I I N & o 00 �I � � 3 D D I I 00 \� I\ m �� -� m r zr D I\ I Q O I DSO 1 O mr w 1 1 1 O O D P b N N O O 3 I ILA V Z CA Qom' o-, I 3 Do 3 ' AREA=0.075ha i I Q G ( �/ ' / M � _ _ _ _ _ _ _ _ 3 .40m �� G!�// 37.40m 50.42m 3�� / �� Q 49 ZCA o D . 47.4 CA 47 44m 4687m � � II O O cn O CD I �� Q I �� \ I > D > Dr O� ti r 0 0 O� N �V I I o \ I w —, -�P Do 00 CO f �j I I Q �I I N 00 W ° V Q Q zr � I o0 N3 0 3 j N70'26"35'E 95.83m N70026"35'E 150.00m N700589'25'E 148.07m 11.87m 9.14m N70026"35'E I I I N70026"359EI r j j I I I I j TI 0 0 0 cn m O N D D z m N Z z o m m W C7 N O E -u (D I o) 0 Z� 0 mz :3 0 M 00 0 0 ,+ (n - o Nm 0 a rn� (Dm 0 Q ND Lo a O :. a0 rn • (o �•0-1 0 0 3 XD 0 ,> a D 00 0 v Q CR :3 D 3 0 0 mz m�N Q `_, - � . 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(A q Z / L4 3 (A O a3 / / \ Z Ln \ N vo \ Z \ NCDLn \ 0 3 \ w CA C) ; � \ c„i 30 O , -rn \ 03 Z \ NCD \ Cn - N (0 \ \ 30 03 Z Z \ gn;� \ 3 0 0 °' 0) N / / ' O / 3 / / / / z U) doh Me 0 z C) m N LA 0 z Y:\JOB FILES\118000\118039 14 ESTATES ORMISTON NORTH HAMPTON\118039 DRAWINGS\118039 DRAWINGS CIVIL\118039 ENGINEERING DRAWINGS\118039-3D-DRAFT PLAN-3.DWG Page 72 0 O 00 r; 0 0 Co r; 00 0 0 00 O O 00 00 0 0 00 O 0 v r 00 0 o co iz 00 680500 680600 680700 680800 680900 681000 681100 681200 11 ' Vi . s; dd 4r i 1, Hampton EIS Update Proposed Subdivision Development Part of Lot 17, Concession 5, Municipality of Clarington, Durham Region Approximate Site Boundary Environmental Setback* Dripline Dripline Buffer (10 m) Wetland (Unevaluated) (LIO) Wetland (ORE) Wetland Buffer (30m) Butternut Category 1 (non -retainable) Scale: 1:4,000 0 45 90 180 m Notes: Base maps provided by Land Information Ontario and Natural Resources Canada (2022). Feature locations determined using mapping -grade differential Global Positioning System (dGPS +/- 0.8m) Imagery provided by ESRI (2023) 'Environmental setback includes 30 m setback from LIO wetland boundaries, 30 m setback from ORE wetland boundary and 10 m setback from the dripline of the trees. TITLE Constraints OC, ORE ❑akridge. Environmental I Liiwironmrutai mad Hydrugeolugival Su: •. PROJECT # FIGURE NO. 09-1311 DATE N/A March 2023 Meeting No. Date 3/27/2023 Item No. 6.8 Planning and Development Committee Presentations/Delegations (10 minute time limit) 1. Subject: Rosemarie Humphries and Nicole Cappadocia, Humphries Planning Group Inc. regarding PDS-023- 23, Rezoning Application to Permit 33 Residential Units Consisting of 7 Single Detached Units and 26 Townhouse Units in Bowmanville 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: Page 74 Meeting No. Date 3/27/2023 Item No. 6.9 Planning and Development Committee Presentations/Delegations (10 minute time limit) 1. Subject: Ronald Worboy, Ronald F. Worboy Law, regarding PDS-024-23 Robinson Creek and Tooley Creek Subwatershed Study 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: Page 75 Meeting No. Date 3/27/2023 Item No. 7.1 Planning and Development Committee Reports/Correspondence Related to Presentations/Delegations 1. Subject: PDS-021-23 Rezoning to Facilitate 21 Condominium Townhouses at the Northwest Corner of Trulls Road and Nash Road in Courtice 2. Initiated By: Development Review 3. Referred By: Tracey Webster, Cindy Strike, Cindy Hammer 4. Decision Required: 5. Documents attached: - Attachment 1 to PDS-021-23.docx - Attachment 2 PDS-021-23.docx Page 76 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 27, 2023 Report Number: PDS-021-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: File Number: Report Subject: Mary -Anne Dempster, CAO Resolution#: ZBA2020-0005 (x.ref S-C2021-0010) By-law Number: Rezoning to facilitate 21 condominium townhouses at the northwest corner of Trulls Road and Nash Road in Courtice. Recommendations: 1. That Report PDS-021-23 and any related delegations or communication items, be received; 2. That the Zoning By-law Amendment application submitted by Lifelong Investment Corporation be approved and the draft By-law in Attachment 1 to Report PDS-021-23 be passed; 3. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol and conditions of draft approval are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 4. That no further Public Meeting be required for the future Condominium; 5. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 021-23 and Council's decision; and 6. That all interested parties listed in Report PDS-021-23 and any delegations be advised of Council's decision. Page 77 Municipality of Clarington Report PDS-021-23 Report Overview Page 2 The purpose of this report is to recommend approval of the Zoning By-law Amendment submitted by Lifelong Investment Corporation to permit 21 condominium townhouse units. The proposal includes 16 dual frontage and 5 traditional units, a private lane, amenity space, and visitor parking spaces. This application is related to proposed draft Plan of Subdivision application S-C-2021-0010. Approvals of plans of subdivisions are delegated to the Director of Planning and Infrastructure Services. 1. 1. Application Details 1.1 Owner/Applicant: 1.2 Agent 1.3 1.4 Area: 1.5 Location: 1.6 Within Built Boundary: 2. Background Lifelong Investment Corporation Rodger Miller (Miller Planning Services) Zoning By-law Amendment To rezone the lands from "Urban Residential Type Two (R2) Zone" to a zone that would permit the townhouse dwelling units. 1.48 acres (0.60 ha) 1640, 1644, 1648 Nash Road, Courtice Yes 2.1 On March 25, 2020, Lifelong Investment Corporation applied for a Zoning By-law Amendment to permit a three -storey building containing 95 apartment units at the northwest corner of Nash Road and Trulls Road in Courtice. A public meeting was held on June 8, 2020. Staff received comments from several residents regarding concerns, described in Section 8 of this report. The original proposal also included 3010 Trulls Road which is no longer included as part of the lands subject to the revised applications. 2.2 Since 2020, staff have been working with the applicant and agencies to refine the plan through a series of discussions regarding several alternative designs. The revisions would need to consider concerns raised by residents and technical requirements from agencies to ensure the development would be designed and function appropriately for the subject lands. Page 78 Municipality of Clarington Page 3 Report PDS-021-23 2.3 Lifelong Investment Corporation further revised the proposal in December 2012, March 2022 and December 2022 to address public, department and agency comments. The revisions would permit a development block that would allow for a future common elements condominium containing 21 townhouse units, including 16 dual frontage units fronting onto both Nash Road and Trulls Road and 5 traditional units fronting onto a private lane. The development would also include a private lane, amenity space, water metre building and visitor parking spaces, see Figure 1 Figure 1: Applicant's revised development proposal 2.4 The revised proposal includes the following modifications to address previous comments: • Change in built form from an apartment building to townhouses; Page 79 Municipality of Clarington Report PDS-021-23 Page 4 • Reduction in density of the site resulting in reduced traffic generated from the site; and • Additional amenity space per residential unit for the development. 2.5 The applicants have submitted the following studies in support of the applications: • Planning and Urban Design Report • Functional Servicing Report and Stormwater Management Report • Hydrogeological Assessment • Geotechnical Investigation Report • Traffic Impact Study • Environmental Impact Study • Arborist Report and Tree Preservation Plan • Environmental Noise Report • Archaeological Assessment Stage 1 & 2 Report • Energy Efficiency & Sustainability Plan 3. Land Characteristics and Surrounding Uses 3.1 The subject lands consist of three properties located at the northwest corner of Nash and Trulls Road in Courtice, Figure 2. A portion of the lot at 1640 Nash Road wraps around the back of the adjacent residential dwellings to the west. All three of the lots currently have single detached dwellings and accessory buildings. '� Municipality of Clarington Report PDS-021-23 Subject Lands hims NA SN ROAD ~ NAZI{ RDAD 'R { Za I *c=$~ 1h14 Page 5 �vEG RA$i 4iATF A y1 yr hd SS 34G4 _T 64 dw Ms 47 F— #1 30fi1 J 4� o 1� 3053 'lic M Nut 3032~ K 3414 ,r M1 ifi5d � q- �z `— NASH ROAD Figure 2: Aerial photo of subject lands and surrounding area. 3.2 The surrounding uses are as follows: North: A wood lot and single detached dwellings on relatively larger lots. Further north is a residential subdivision where Abbeywood Crescent is terminated both to the west and north. East: A neighbourhood commercial plaza and Parkwood Village, which is a stacked townhouse condominium development ranging from two to three storeys. The units face internally to the site. The site also contains several amenities and uses. South: Single detached dwellings and the Black Creek tributary. West: Single detached dwellings. Page 81 Municipality of Clarington Report PDS-021-23 4. Provincial Policy Provincial Policy Statement (PPS) Page 6 4.1 The Provincial Policy Statement 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, 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. The proposal conforms with the PPS. Provincial Growth Plan 4.3 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 space and easy access to local stores and services. 4.4 The subject lands are within the defined Built Boundary and within the Urban Boundary of Courtice. Growth is to be accommodated by directing a significant portion of new growth to the built-up areas through intensification and efficient use of existing services and infrastructure. The proposal conforms with the Provincial Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject properties as "Living Areas". Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes, and tenure to provide living accommodations that address various socio-economic factors. 5.2 Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly adjacent to arterial roads. 5.3 Schedule B of the Durham Region Official Plan Identities Key Natural Heritage and Hydrologic Features (KNHHF) within and adjacent to the western portion of the subject site. The proposal conforms with the Durham Region Official Plan. Page 82 Municipality of Clarington Report PDS-021-23 Clarington Official Plan Page 7 5.4 The Clarington Official Plan designates the properties "Urban Residential" and is located within the Built -Up Area of the Municipality. The proposal would contribute towards the Municipality's Residential Intensification Target and utilize existing public services and infrastructure. Intensification within the Built-up Areas that respects existing neighbourhoods is encouraged. 5.5 The subject lands are located at the edge of a neighbourhood and are adjacent to two arterial roads. The edge of neighbourhoods and adjacent to arterial roads is one of the locations where growth and higher intensity -built forms are to be directed. Developments at the edge of neighbourhoods are required to meet a minimum net density of 19 units per hectare and permit a built form of 1 to 3 storeys ground related units including limited apartments, townhouses, semi-detached, or detached dwellings. 5.6 Nash Road is a Type C Arterial Road (turns into a Type B Arterial Road, heading east, after it crosses Trulls Road) and Trulls Road is a Type B Arterial Road. The proposal conforms with the Clarington Official Plan. 6. Zoning By-law 6.1 The subject properties are zoned "Urban Residential Type Two (R2)", which recognizes the current low density land uses consisting of detached dwellings. A Zoning By-law Amendment is required to permit the proposed townhouse dwelling units within the proposed development block. 6.2 The proposed Zoning By-law amendment will include a Holding Zone. The Holding zone will remain on the lands until a development agreement has been executed and final approval and clearing of conditions is complete related to a required site plan application. A draft Zoning By-law Amendment for the subject lands is provided (see Attachment 1). 7. Summary of Background Studies Planning and Urban Design Report, prepared by Miller Planning Services, February 2023 7.1 This Planning and Urban Design Report describes the proposal; the site context; evaluates the applicable planning policy within the Region of Durham Official Plan and the Clarington Official Plan; and describes the urban design response of the project. 7.2 It describes the massing of the proposed development as typical block townhouses with front doors that address the street. The three storey units will frame the street and is expected that the architectural elements of the development will align with the surrounding area and community. Page 83 Municipality of Clarington Report PDS-021-23 The report concludes that: Page 8 the proposal satisfies the policy intent and requirements of the Regional Official Plan, the Clarington Official Plan the Growth Plan for the Greater Golden House and the Provincial Policy Statement. The proposed Zoning By-law Amendment is appropriate in the context of provincial, regional and local planning policy. The proposal represents an appropriate use of lands. Energy Efficiency & Sustainability Plan, prepared by Miller Planning Services, February 2023 7.3 This Energy Efficiency & Sustainability Plan, in conjunction with the supporting consulting reports, plans and studies, demonstrates that the proposed development meets the key principles for Sustainable Development as per the Clarington Official Plan policies. 7.4 The Priority Green Initiatives checklists will be provided as a part of Site Plan Application process. Scoped Environmental Impact Study, prepared by GHD, March 24, 2021, and addendum prepared December 15, 2022 7.5 This Environmental Impact Study was prepared to address potential environmental issues associated with the proposal since it is located adjacent to a woodland that has been identified as part of the Regional Municipality of Durham's Key Natural Heritage & Hydrologic Features. 7.6 Based on the analysis, no significant impact to the woodland was identified. Several recommendations have been made to prevent loss of the woodland and its functions. Recommendations were also made to minimize potential impacts during the site preparation, construction, and post -construction period. Traffic Impact Study, prepared by Candevcon Limited, updated January 25, 2023 7.7 The Traffic Impact Study indicates that with the inclusion of site generated traffic from the proposal, the intersection of Nash Road and Trulls Road is anticipated to operate at acceptable levels of service during the A.M. and P.M. peak hours. Municipality of Clarington Report PDS-021-23 Page 9 Functional Servicing and Stormwater Management Report, prepared by Candevcon East Limited, November 2021 7.8 The report indicates that servicing and stormwater management for the proposal can be accomplished by capturing and conveying stormwater to the existing storm sewer on Trulls Road. Quality controls will be included in the design. Low Impact Development measures will be implemented in order to ensure that infiltration volumes are maintained on the site. Sediment and Erosion Control practices will be implemented during construction. 7.9 A sanitary sewer system for the proposed development will be constructed within the development's internal road. The flows from the development will be conveyed to the existing sewer along Nash Road. The water distribution network for the development will enter the meter room building and connect to the existing watermain along Nash Road. Hydrogeological Assessment, prepared by Cambium Inc, November 4, 2022 7.10 The assessment concluded that the proposed development is feasible. Local groundwater and surface water systems are not anticipated to be influenced from the development so long as the appropriate sediment and erosion control procedures are in place, and discharge water is treated as needed during dewatering operations. Geotechnical Investigation Report, prepared by Cambium Inc, March 31, 2022 7.11 The report examined the general subsoil and groundwater conditions on the site by means of a number of boreholes and based on the interpretation of the information to provide engineering guidelines related to geotechnical aspects of the proposal. Recommendations related to design and construction are provided. Environmental Noise Report, prepared by YCA Engineering Ltd., prepared March 2020, revised March 2022 7.12 The report determined that sound levels are acceptable and are expected to be achieved using abatement measures through the installation of air conditioning for specified units, provision for air conditioning for specified units and the inclusion of warning clauses in offers of purchase and sale. Arborist Report and Tree Preservation Plan, prepared by Newleaf Landscape Architecture Limited, revised March 31, 2022 7.13 The Environmental Impact Study recommended a tree preservation plan to protect trees in the planted fencerow along the north edge of the subject property. Trees were inventoried and identified for removals and protection. A dripline buffer is recommended, and onsite compensation plantings are proposed. Compensation plantings will be Page 85 Municipality of Clarington Page 10 Report PDS-021-23 addressed in landscape plans submitted in support of the subsequent Site Plan Application. Archaeological Assessment Stage 1 & 2 Report, prepared by Archaeological Assessments Limited., June 23, 2017 7.14 Assessments were prepared for each parcel subject to the application. No archaeological sites were encountered during the fieldwork portion of the study. No further concerns for impacts to archaeological resources were identified. 8. Public Notice and Submission 8.1 Public meetings were held on June 8, 2020 and June 13, 2022. Public notice was mailed to each landowner within 120 metres of the subject lands and signage was posted on the subject property. 8.2 A letter was sent to all interested parties advising them that the recommendation was scheduled with details as to how they could register as a delegation. 8.3 At the public meeting on June 8, 2020, residents identified concerns with the built form, density, and traffic that would be generated from the proposed apartment building and the size of the units proposed. 8.4 At the public meeting on June 13, 2022, a resident expressed concerns regarding flooding, pooling and wind gusts. They requested older trees to be saved and new ones planted since they lessen air pollution and noise. 8.5 A submission was received indicating that the revised proposal was much more reasonable than the original. 9. Department and Agency Comments 9.1 Comments received from departments and agencies are summarized in Attachment 2. The chart shows the list of circulated parties and whether we received comments. 10. Financial Considerations 10.1 The capital infrastructure required for this development will be built by the developer and consists of private roadways and amenity space. These assets will be the responsibility of the condominium to maintain, repair and replace. '� Municipality of Clarington Report PDS-021-23 11. Discussion Page 11 11.1 The applicants have revised the proposal from the original submission to address a number of comments from residents and staff. The revised proposal results in a change in the built form from an apartment building to townhouse dwellings and significantly reduces the density of the site in an attempt to better integrate the development with the surrounding neighbourhood. 11.2 The revised proposal introduces an alternative building form to the neighbourhood on two arterial roads, which have limited access opportunities. The Owner has designed the development to address the intersection appropriately with a built form that can integrate with the existing development in the surrounding neighbourhood. 11.3 The revised proposal will be required to provide visitor parking and private amenity space. The concept plan provided by the applicant appears to meet Clarington's parking requirements and amenity space guidelines. 11.4 There is a woodlot located to the north of the subject lands, which is identified in the Region of Durham Official Plan as a Key Natural Heritage Feature. There are no natural heritage features identified on the lands in the Official Plan mapping. The Official Plan does acknowledge that there are natural heritage features that are not mapped but are important to the natural heritage system. The applicant's have submitted a revised Environmental Impact Study that has been reviewed and accepted by Clarington and CLOCA staff. 11.5 Comments received from Departments and Agencies related to detailed design will be captured in the proposed conditions of draft approval for the plan of subdivision. The recommendations of a number of the background studies will be included in the conditions of draft approval. Where necessary report updates may be required. 11.6 A subsequent site plan application and draft plan of condominium application will be required. The applicant had a Stage 1 pre -consultation meeting for those applications in December 2022 and will be required to complete a Stage 2 pre -consultation. 12. Concurrence 12.1 This report has been reviewed by the Deputy CAO/Treasurer. Page 87 Municipality of Clarington Report PDS-021-23 13. Conclusion Page 12 13.1 In consideration of all agency, staff and public comments, it is respectfully recommended that the application for the Zoning By-law Amendment, as submitted by Lifelong Investment Corporation, be supported and approved subject to the Draft Zoning By-law Amendment contained in Attachment 1. Staff Contact: Tracey Webster, Principal Planner, (905)623-3379 x 2415 or twebster@clarington.net. Attachments: Attachment 1 — Draft Zoning By-law Amendment Attachment 2 — Agency Comment Table Interested Parties: List of Interested Parties available from Planning and Infrastructure Services Attachment 1 PDS-021-23 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 20_- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2020-0005; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.67 as follows: "14.6.67 Urban Residential Exception (R3-67) Zone Notwithstanding Sections 14.1, 14.4 b., c.,e., and g., those lands zoned R3-67 shall only be used for Link Townhouse dwellings. For the purpose of establishing regulations for each Link Townhouse Dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a. Lot Area (minimum) b. Lot Frontage (minimum) c. Yard Requirements (minimum) i) Front Yard ii) Interior Side Yard iii) Yard adjacent to sight triangle lot line iv) Rear Yard d. Lot Coverage 99 square metres 4.6 metres 3 metres to a dwelling 5.75 to a garage 2 metres to an unenclosed porch 1.5 metres to a dwelling 0.9 metres 4.8 metres 71 percent Attachment 1 PDS-021-23 2 e. Building Height (Maximum) f. Special Regulations 11.5 metres measured at the building fagade facing a public street and/or private street i) Steps may project into the required front yard, but in no instance shall the front yard be reduced below 1 metre ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1 metre g. Were a link townhouse dwelling has frontage on both a public street and a private lane, the lot line adjacent to the Public Street shall be the front lot line. h. No parking space or garage shall be located in yards adjacent to a public street. i. Private street width (minimum) 6.5 metres j. Outdoor Amenity Space (minimum) 4 square metres per dwelling unit k. Accessory buildings are prohibited with the exception of a water metre building. I. Unenclosed porches, decks or balconies may project up to a maximum of 2 metres into the required rear yard, provided it does not interfere with the required parking space. m. The provisions of Section 3.1 g. (iv) continue to apply, except where they are in conflict with the requirements in this zone." Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.71 as follows: "14.6.71 Urban Residential Exception (R3-67) Zone Notwithstanding Sections 14.1, those lands zoned R3-71 shall only be used for amenity area." Page 90 Attachment 1 PDS-021-23 3. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the one designation from: "Urban Residential Type Two (R2)" to "Holding - Urban Residential Exception ((H)R3-67) "Urban Residential Type Two (R2)" to "Holding - Urban Residential Exception ((H)R3-71) "Urban Residential Type Two (R2)" to "Environmental Protection (EP)" "Environmental Protection (EP)" to "Holding - Urban Residential Exception ((H)R3-67) As illustrated on the attached Schedule `A' hereto. 4. Schedule `A' attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. Passed in Open Council this day of 12023 Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 91 Schedule A PDS-021-23 This is Schedule "A" to By-law 2023- passed this day of 2023 AD. 1 +CO 50 4 CO 48 4 46 4 44 4 41 44 v 3032 01 CO JIM Zoning Change From 'R2' To 'EP' 0 Zoning Change From 'R2' To'(H)R3.71' Zoning Change From 'R2' To'(H)R3-67' ¢Y - Zoning Change From 'EP' To '(H)R3-67' Courfice - ZBA202MOOS Sohedule0& Page 92 PDS-021-23 Attachment 2 Department/Agency Comments Summary of Comments Received Development ✓ Development Engineering reviewed the proposal Engineering and have no objection subject to the applicant addressing comments in subsequent submissions. Building Division ✓ No concerns were identified. Fire and Emergency ✓ No concerns were identified. Comments provided Services will be addressed in a subsequent Site Plan Application. Accessibility ✓ No concerns were identified. Comments provided Committee will be addressed in a subsequent Site Plan Application. Region of Durham ✓ Comments were provided to support previous (Planning, Works, & concerns CLOCA had identified and have since Transit) been satisfied. There are comments related to waste management that will be addressed through a subsequent site plan application. They agreed with the conclusions of the Traffic Impact Study and Noise Assessment. Central Lake Ontario ✓ To move the application forward, CLOCA has Conservation Authority integrated the remaining technical comments into the Conditions of Draft Approval, which will be required to be met prior to permit issuance and CLOCA's clearance of the Plan of Subdivision for registration. CLOCA staff have no objection to the draft plan approval of Subdivision S-C-2021-0010 and the associated zoning by-law subject to the conditions provided. School Boards ✓ KPRDSB Planning staff anticipates the proposed development to yield 5 elementary students and 3 secondary students. Students generated from this development proposal would attend Courtice North Public School or Dr. G.J. MacGillivray Public School / Courtice Intermediate School (French Immersion) and Courtice Secondary School. Although these schools are experiencing accommodation pressures, we anticipate that the schools will have residual capacity to accept the students. KPRDSB Planning staff have no objections to the proposed applications and offered standard conditions for draft approval of the plan of subdivision. Page 93 PDS-021-23 Attachment 2 No responses were received from the Separate or French School Boards. Hydro One ✓ No concerns were identified. Enbridge ✓ No concerns were identified. Canada Post No concerns were identified. Standard conditions Corporation for draft approval of the plan of subdivision were provided. Bell Canada ✓ No concerns were identified. Standard conditions for draft approval of the plan of subdivision were provided. Rogers ✓ No concerns were identified. Standard conditions for draft approval of the plan of subdivision were provided. CMHC ✓ No response received. Page 94 Meeting No. Date 3/27/2023 Item No. 7.2 Planning and Development Committee Reports/Correspondence Related to Presentations/Delegations 1. Subject: PDS-017-23 Envision Durham: Draft New Regional Official Plan 2. Initiated By: PSD 3. Referred By: Sarah Allin, Lisa Backus, Carlos Salazar 4. Decision Required: 5. Documents attached: - PDS-017-23.docx - Attachment 1 to Report PDS-017-23.docx Page 95 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 27, 2023 Report Number: PDS-017-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: PLN 2.12 By-law Number: Report Subject: Envision Durham: Draft new Regional Official Plan Recommendations: 1. That Report PDS-017-23 and any related delegations or communication items, be received; 2. That the comments presented on the Draft new Regional Official Plan contained in Report PDS-017-23 be endorsed; 3. That a copy of Report PDS-017-23 and Council's decision be sent to the Region of Durham, other Durham Region area municipalities, and the Ministry of Municipal Affairs and Housing; and 4. That all interested parties listed in Report PDS-017-23 and any delegations be advised of Council's decision. Page 96 Municipality of Clarington Report PDS-017-23 Report Overview Page 2 Envision Durham is Durham Region's Municipal Comprehensive Review (MCR) of the Regional Official Plan. The MCR was initiated in 2019 to develop the vision for the Region to 2051, consists of multiple components, and will be completed upon the Province's approval of a new Regional Official Plan. Clarington staff has participated throughout the Envision Durham project and has presented a series of reports to Council, providing updates and comments on Envision Durham to date. A chronology of reports is included as Attachment 1. On February 10, 2023, the Draft new Regional Official Plan (ROP) was publicly released for review. Comments on the Draft ROP are being accepted by the Region until April 3, 2023. Staff generally supports the strategic directions and proposed policies contained in the Draft ROP. The purpose of this report is to present key comments on the Draft ROP. 1. Background Purpose 1.1 The purpose of this report is to present comments on the Draft new Regional Official Plan (ROP). Envision Durham - Municipal Comprehensive Review 1.2 Envision Durham is Durham Region's Municipal Comprehensive Review (MCR) of the Regional Official Plan. The MCR was initiated in 2019 to develop the vision for the Region to 2051, and looked at how and where the Region will grow, how its land and resources will be used, and the types of housing and job opportunities needed to create healthy and sustainable communities. 1.3 The Envision Durham project consisted of three stages (Discover, Discuss, and Direct) and multiple components including the agricultural and natural heritage systems, growth management, employment areas, and major transit station areas. Each stage has included consultation on the various components. 1.4 Throughout the project, staff participated on the intermunicipal working group and prepared 20 submissions and reports to Council to comment on background documents, discussion papers, policy directions and draft mapping related to the various components that make up the MCR process. A complete chronology is included as Attachment 1. Page 97 Municipality of Clarington Report PDS-017-23 Page 3 1.5 In accordance with Council's direction, Planning and Infrastructure staff directly mailed an information sheet to property owners whose lands fall within the Clarington Settlement Area Boundary Expansion (SABE) areas to ensure they are aware of the proposed changes and the opportunity to provide comments to the Region on the Draft Official Plan. To date, staff has received 4 inquiries in response to the notice. 1.6 On February 10, 2023, the Draft new Regional Official Plan was publicly released for review. The Region held a Public Open House on March 6 and a Public Meeting on March 7, and prepared Report #2023-P-6, which provides an overview of the Draft new Official Plan and consultation undertaken. Comments on the draft are being accepted until April 3, 2023. Regional staff has indicated they expect to bring the document back to Regional Council with a recommendation for adoption prior to the summer break, after which it will be forwarded to the Province for approval. 1.7 In response to Council's request, Regional Planning staff will be presenting the Draft new Regional Official Plan to Planning and Development Committee at the March 27 meeting. Overview of Draft new Regional Official Plan 1.8 The Draft ROP incorporates the work undertaken throughout the Envision Durham process and is intended to guide long-term growth and infrastructure investment will support the 2051 vision for the Region as a complete, healthy, sustainable, diverse, and welcoming community of communities. 1.9 The Draft ROP contains high-level strategic directions, informed by community engagement undertaken during the MCR process, and is organized around the following chapters: • A Prosperous Region; • Healthy Communities; • Supportive Infrastructure and Services; • A Vibrant Urban System; • A Thriving Rural System; • A Protected Greenlands System; and • A Connected Transportation System. 1.10 The following section presents staff's key comments on the Draft new Regional Official Plan. The comments speak to high-level policy directions, language, and structure to help ensure Clarington is able to achieve its long-term vision and objectives and enable us to conform to the ROP in a manner that is locally appropriate. The comments are in bold, with additional explanation for context. Municipality of Clarington Report PDS-017-23 2. Comments General Page 4 2.1 Staff generally supports the strategic directions and proposed policies contained in the Draft ROP, subject to the comments contained in this report. Additional technical comments on the document will be provided directly to Regional staff as Clarington staff continues the detailed review. Growth Allocations and Settlement Area Boundary Expansions 2.2 The Draft ROP establishes Clarington's 2051 population and jobs forecasts of 221,000 and 70,300, respectively, with a minimum intensification target of 40% and designated greenfield area density of 48 people and jobs per hectare. Up to 1,373 hectares of Clarington's white belt has been identified as possible `2051 Urban Expansion Area', including 845 hectares for residential (Community Area) and 528 hectares for Employment. 2.3 Planning staff does not object to the long-term growth allocations for Clarington to 2051. Staff is working with Hemson to complete Clarington's population and employment forecast work distributed by urban and rural areas. This work will also include an assessment of the implications of the Bill 23 and Greenbelt Plan changes to inform our upcoming Official Plan review. 2.4 Staff supports the phasing policy framework accompanying the `2051 Urban Expansion Areas' included in the Draft ROP. This policy framework will be critical to ensuring Clarington is able to manage its urban boundaries, and the lands within, in a manner that will (i) support growth and intensification in our built-up area (ii) create complete communities with transit supportive densities (iii) focus infrastructure investment, and (iv) continue the long-term protection of our vital agricultural land base and natural heritage system. Consideration of Boundary Expansion Requests 2.5 Planning and Infrastructure staff does not support additional boundary expansion requests beyond those included as apart of the 1,373 hectares presented in the Draft ROP. Staff reviewed boundary requests as part of the Settlement Area Boundary Expansion component of the MCR process and concurs with Regional staff's recommendations on such site -specific requests. This reflects Council's recent resolution confirming Clarington does not need urban boundary expansions to meet the housing pledge of 13,000 homes by 2031. Orono Urban Area Boundary Page 99 Municipality of Clarington Report PDS-017-23 Page 5 2.6 The proposed 10-hectare Settlement Area Boundary Expansion to the east side of the Orono Urban area is supported. 2.7 However, the boundary of the Orono urban area expansion proposed on Map 1 of the Draft ROP does not appear to align with the boundary delineated in the LPAT Order on this matter. Staff requests the Region to address this inconsistency. 2.8 As part of the upcoming Clarington comprehensive municipal review staff will explore opportunities to expand the Community Area on the west side of Orono, as was previously requested, and in keeping with the Orono Economic Development Strategy's direction to foster new residential development in support of the continued viability of the Orono downtown. Major Transit Station Areas — GO Train Extension to Bowmanville 2.9 There are two proposed Protected Major Transit Station Areas (PMTSA) in Courtice and Bowmanville to support the extension of the Lakeshore East GO Transit line. Regional Official Plan Amendment (ROPA) No. 186, adopted by Regional Council in December 2021, delineated the boundaries of the protected MTSAs and established the associated policy framework. ROPA 186 is currently before the Province, awaiting approval. 2.10 Staff notes the Province may approve ROPA No. 186 in advance of the balance of the Draft ROP. In accordance with the recent Bill 23 amendments to the Planning Act, staff will need to be prepared with the necessary resources to advance the local planning and zoning within one year of approval. Collaboration with the Region will be required as part of this process to ensure the necessary transportation and servicing infrastructure will be in place to support development within the MTSAs in a timely manner. Employment Areas and Economic Development 2.11 Policies in the Draft ROP that provide for the timely servicing of Clarington's employment areas are supported. Investment in the servicing of Clarington's employment areas is critical to implementing the priorities of our Economic Development Strategy, which includes expanding the inventory of serviced employment lands to cultivate an innovative land use framework to continue to build the economic capacity of the Municipality. Consultation and Engagement with Indigenous Communities 2.12 Staff supports the enhancement of policies on consultation with Indigenous communities that have been included in the Draft ROP. It would be beneficial to Page100 Municipality of Clarington Report PDS-017-23 Page 6 mention the Truth & Reconciliation Commission (TRC) of Canada: Calls to Action, as they are applicable to municipal government. Language and Consistency 2.13 The Draft ROP includes many sections that speak to requirements for zoning, development, and site design that include a level of detail more appropriate for area municipal official plans. Where policies primarily affect area municipal matters, staff recommends that they either be removed, or that the language be softened (e.g. `encourage' rather than `require'). This will help to ensure the ROP is practical and provides for locally appropriate implementation. This is particularly important in the case of policies that are prescriptive in nature and include specific numbers or targets that are not required to be established by the Region. 2.14 Ensure words and terms used throughout the ROP are used consistently and intentionally to provide the necessary clarity for implementation. This includes terms such as urban area, settlement area, commuter station, transit station, major transit station area vs. protected transit station area. Ensure the use of the terms in policy sections aligns with the definition of the term in the Glossary. Organization and Format 2.15 Staff generally supports the new format and organization of the Draft ROP, which has themed chapters for Urban, Rural, Greenlands, and Transportation Systems, and a consistent policy framework throughout. Staff recommends locating chapters that have overarching applicability (e.g. Greenlands System) towards the front of the document. 2.16 Notwithstanding the above, the retention of the Major Open Space approach results in confusion about how several policies will be implemented as the policies contemplate overlap between the Greenlands System and Rural System, whereas the mapping indicates the two Systems, and the designations within, are mutually exclusive. Staff had hoped to see the Draft ROP move away from the Major Open Space designation in favour of a more straightforward Greenlands System focused on natural heritage cores, linkages and corridors, and a separate Rural System of agricultural and rural lands providing for appropriate uses. 2.17 The Draft ROP is a much -expanded document from the current Regional Official Plan, incorporating a comprehensive suite of policies to align with contemporary planning principles. Staff recommends looking for opportunities to reduce duplication and streamline sections of the Draft ROP that speak to similar topics (e.g. neighbourhood, site design, nuisance attenuation, sustainability requirements) to improve clarity and ease of implementation, and reduce potential conflict between policies/sections. Page 101 Municipality of Clarington Report PDS-017-23 Sustainability and Climate Change Page 7 2.18 Staff supports the policies in the Draft ROP related to climate change adaptation and mitigation. The policies generally align with Clarington's Corporate Climate Action Plan and initiatives that are underway and planned towards achieving net -zero emissions by 2050, including (i) monitoring greenhouse gas emissions (ii) promoting the uptake of electric vehicles and installation of charging stations, and (iii) encouraging green development. 2.19 The policies in the Draft ROP will also help to inform the Municipality's implementation of sustainable design and green development standards through the site plan and subdivision processes, the importance of which was recently acknowledged by the Province through refinements to Bill 23 to retain such ability. Implications of Bill 23 2.20 As per the comments included in Bill 23 Report PDS-054-22, Regional Planning plays a valuable role and should be maintained for the purposes of aligning long-range planning with transportation and servicing infrastructure planning and capital investment. Regional level -coordination in this regard will better ensure infrastructure is available in a timely manner where it is needed to support the construction of the housing. 2.21 However, Bill 23 was passed with Durham Region identified as a regional municipality without planning responsibilities, and whose ROP would be assumed by the area municipalities to the extent that it is relevant. The opportunity to review the Draft ROP has been helpful and will support the implementation of the ROP as part of our Clarington Official Plan review and conformity exercise, as we prepare to comply with the changes introduced through Bill 23. Housing Pledge 2.22 On February 27, 2023, Council endorsed Clarington's Housing Pledge (Report PDS- 009-23) in response to the Province's assigned expectation that Clarington will take the necessary steps to facilitate the construction of 13,000 new homes by 2031. The Housing Pledge outlined specific actions to be undertaken to achieve the target, including initiating a review of the Clarington Official Plan. 2.23 The approval of the new ROP represents the first major milestone in the process to achieve the 2031 housing target. Upon the Province's approval of the ROP, staff will complete the Clarington Official Plan Review, which will implement the new ROP or amalgamate the two Official Plans into one comprehensive document. This will enable the remainder of the actions outlined in the Pledge that are required to facilitate the 13,000 homes, including infrastructure master planning and updated zoning. Page102 Municipality of Clarington Report PDS-017-23 Page 8 2.24 As put forward in Bill 23 Report PDS-054-22 and the Housing Pledge Report PDS-009- 23, Clarington has sufficient housing capacity in the form of approved and planned residential units to meet the assigned target of 13,000 homes by 2031 without any residential urban boundary expansions or Greenbelt lands. 3. Financial Considerations 3.1 There are no direct financial considerations at this time. However, there may be financial implications associated with the requirement to conform to the ROP as part of our upcoming review of the Clarington Official Plan. 4. Concurrence Not Applicable. 5. Conclusion 5.1 Regional staff should be commended for their significant efforts in bringing forward the proposed Draft new Regional Official Plan (ROP) as the culmination of the extensive work completed through the Envision Durham Municipal Comprehensive Review process. The opportunity to provide comments is appreciated, and staff looks forward to continuing to work together. 5.2 It is respectfully recommended that (i) the comments presented on the Draft new Regional Official Plan contained in Report PDS-017-23 be endorsed, and (ii) that a copy of Report PDS-017-23 and Council's decision be sent to the Region of Durham and the other Durham Region area municipalities. Staff Contact: Sarah Allin, Planner 905-623-3379 x 2419 sallin@clarington.net or Lisa Backus, Manager of Community Planning 905-623-3379 x 2413 or Ibackus@clarington.net. Attachments: Attachment 1: Envision Durham Project: Chronology of Clarington Reports and Comments Interested Parties: List of Interested Parties available from Department. Page103 Attachment 1 to PDS-017-23 Envision Durham Project — Clarington Reports and Comments No. Region Document/Report Release Date Clarington Report/Comments Themed Discussion Papers 1 Agriculture and Rural Mar. 5, 2019 Staff comments June 10, System 2019 2 Climate Change and May 7, 2019 Staff comments Aug. 1, 2019 Sustainability 3 The Urban System June 4, 2019 Staff comments Sept. 3, 2019 4 Environment and Sept. 3, 2019 Participated in mapping Greenlands System exercise with Local and Regional Staff 5 Transportation System Oct. 1, 2019 Staff comments Dec. 20, 2019 6 Housing Policy Planning Dec. 3, 2019 Staff comments Mar. 3, 2020 Major Transit Station Area Regional Official Plan Amendment (No. 186) 7 Proposed Policy Dec. 1, 2020 Staff comments Mar. 5, 2021 Directions, MTSA ROPA 8 Proposed ROPA for Sept. 7, 2021 Staff comments Sept. 24, PMTSAs (Statutory Public 2021 Meetin Employment Land Conversions 9 Employment Land June 2, 2020 Report PDS-009-21 Feb. 1, Conversion Criteria 2021 Proposed Policy Directions 10 Proposed Policy Directions Mar. 2, 2021 Staff comments June 30, 2021 Report PDS-038-21 LNA Technical Reports 11 Region -Wide Growth July 2, 2021 Staff comments Aug. 9, 2021 Anal 12 Housing Intensification Sept. 3, 2021 Comments provided after Study* release of land needs scenarios (Report PDS-021- 22; Apr. 25, 2022). 13 Employment Strategy Sept. 24, 2021 Staff comments Nov. 5, 2021 14 Community Area Urban Oct. 1, 2021 Comments provided after Land Needs Analysis release of land needs scenarios (Report PDS-021- 22; Apr. 25, 2022). Alternative Land Needs Scenarios — Growth Management Study Phase 1 15 Information Report and Feb. 11, 2022 Report PDS-021-22 Apr. 25, 2022 Page 104 Attachment 1 to PDS-017-23 Regional Staff Recommendation on Land Needs Scenarios Environmental Systems 16 Proposed Natural Heritage Mar. 1, 2022 Resolution # C-398-21 passed by Clarington Council on Jan. 24, 2022. Systems (NHS) Update Report 17 Regional Agricultural Systems June 7, 2022 Staff comments Oct. 12, 2022 Growth Allocations and Settlement Area Boundary Expansions 18 Growth Management Study Nov. 10, 2022 rt PDS-005-23 Jan. 16, F22 — Phase 2 Information Report Related Reports 19 Bill 23 — More Homes, Built Oct. 24, 2022 Report PDS-054-23 Dec. 5, 2022 Faster Act 20 Housing Pledge Oct. 24, 2022 Report PDS-009-23 Feb., 2023 Page 105 Meeting No. Date 3/27/2023 Item No. 7.2.1 Planning and Development Committee Reports/Correspondence Related to Presentations/Delegations 1. Subject: Correspondence from Ryan Guetter and Marc Mitanis, Weston Consulting regarding PDS-017-23, Envision Durham: Draft New Regional Official Plan 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: - 2023.03.24 - Planning and Development Committee - PDS-017-23 Draft Durham Official Plan - Rundle Road.pdf Page106 WESTON The Municipality of Clarington Planning and Development Services Department 40 Temperance Street Bowmanville, ON L1C 3A6 Attn: Members of the Planning and Development Committee Re: Draft Region of Durham Official Plan — 2051 Urban Expansion Areas Lot 22, Rundle Road Municipality of Clarington, Ontario March 27, 2023 File 9930 Weston Consulting is the planning consultant and authorized agent for Rundle Road Land Corp., the registered owner of Lot 22 located along Rundle Road (the "Subject Property") in the Municipality of Clarington. The Subject Property is legally described as "PT LT 22 CON BROKEN FRONT DARLINGTON AS IN N51173 (SECONDLY) EXCEPT PT 2 N88193 & PTS 1 & 2, 10R1429; CLARINGTON" and "PT LT 22 CON BROKEN FRONT DARLINGTON PT 1, 10R1429; CLARINGTON." This correspondence is being submitted in response to Report PDS-017-23, which recommends that the comments provided by Municipal Staff on the Draft Regional Official Plan be endorsed. It is our client's objective that the Settlement Boundary Area be expanded to include the Subject Property as Employment Area within the Urban System, pursuant to Settlement Area Boundary Request ID BER-3 which was submitted in October 2021 as part of Durham Region's Municipal Comprehensive Review. The Settlement Area Boundary Expansion areas recommended by Regional Staff are identified as '2051 Urban Expansion Areas' in Map 1: Regional Structure of the draft Regional Official Plan (ROP). The Subject Property is currently excluded from the proposed 2051 Urban Expansion Areas. We acknowledge Section 2.5 of Report PDS-017-23 which states that Planning and Infrastructure Staff do not support additional boundary expansion requests beyond those included as apart of the 1,373 hectares presented in the Draft Regional Official Plan. For the reasons contained in the previous attached correspondence to the Region, we respectfully disagree with the Region's exclusion of the Subject Property from the 2051 Urban Expansion Areas. We maintain that the inclusion of the Subject Property within the 2051 Urban Expansion Area is appropriate, is consistent with provincial, regional and municipal planning policies, and should be supported by the Municipality and by the Region. We request that the Municipality of Clarington consider supporting the inclusion of the Subject Property within the 2051 Urban Expansion Areas. We appreciate the opportunity to provide comments in relation to this matter and encourage you to contact the undersigned at ext. 241 or Marc Mitanis at ext. 350 should you have any questions or comments regarding this correspondence. 107 VAUGHAN OFFICE 1 201 Millway Avenue, Suite 19, Vaughan, Ontario, L4K 5K8 I .905.136.dudu TORONTO OFFICF 1 968 Berkelev Street Toronto Ontario MSA 2X5 I T 416 W 9917 westonconsuRing.com Page 1 of 3 1 800 363 35.58 F 905 738 9937 CONSOU TING fO Yours truly, n Consulting Per: Ryan Gbetter, BEA,VCIP, RPP Vice President C. Sarah Allin, Municipality of Clarington Carlos Salazar, Municipality of Clarington Mary -Anne Dempster, Municipality of Clarington Lisa Backus, Municipality of Clarington 1725596 Ontario Limited Enclosed: Appendix 9: Response to Region of Durham Draft Settlement Area Boundary Expansions VAUGHAN OFFICE 1 201 Millway Avenue, Suite 19, Vaughan, Ontario, L4K 5Ra 9d501a.8o6o westonconsutting.com Page 2 of 3 TORONTO OFFICE 1 268 Rerkelev Street Toronto. Ontario. M5A 2X5 I T 416.640.9917 1 800 363 3558 F. 905 738 9937 WESTON GOivSuLi ING Appendix 1: Response to Region of Durham Draft Settlement Area Boundary Expansions VAUGHAN OFFICE 201 Mi I lway Avenue, Suite 19, Vaughan, Ontario, L4K 5 8 gg90 . 3 .8080 westonconsulting.com Page 3 of 3 TORONTO OFFICE 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 WESTON GOP961JU ING The Regional Municipality of Durham December 22, 2022 Planning and Economic Development Department File 9930 605 Rossland Road East Whitby, ON L 1 N 6A3 Attn: Brian Bridgeman, MCIP, RPP Commissioner of Planning & Economic Development Region of Durham Re: Report #2022-INFO-91: Envision Durham Growth Management Study, Phase 2 - Draft Settlement Area Boundary Expansions PT LT 22 CON BROKEN FRONT DARLINGTON AS IN N51173 (SECONDLY) EXCEPT PT 2 N88193 & PTS 1 & 2, 10R1429; CLARINGTON, PT LT 22 CON BROKEN FRONT DARLINGTON PT 1, 10R1429; CLARINGTON Weston Consulting is the planning consultant and authorized agent for Rundle Road Land Corp., the registered Owner of Lot 22 located along Rundle Road (the "Subject Property") in the Municipality of Clarington. The Subject Property is legally described as "PT LT 22 CON BROKEN FRONT DARLINGTON AS IN N51173 (SECONDLY) EXCEPT PT 2 N88193 & PTS 1 & 2, 10R1429; CLARINGTON" and "PT LT 22 CON BROKEN FRONT DARLINGTON PT 1, 10R1429; CLARINGTON." It is our client's objective that the Settlement Boundary Area be expanded to include the Subject Property as Employment Area within the Urban System, pursuant to applicable policies within the Provincial Policy Statement ("PPS"), Growth Plan for the Greater Golden Horseshoe (the "Growth Plan") and the Durham Region Official Plan (DROP). These policies are relevant to the current Settlement Area Boundary Request ID BER-3, which was submitted in October 2021 as part of Durham Region's Municipal Comprehensive Review. Expansion of the existing settlement area boundary to include the Subject Property is being pursued to enable the future redevelopment of the lands for prestige employment uses, including a manufacturing facility for prefabricated building components. Inclusion of the Subject Property within the expanded settlement area boundary would assist the Region in achieving its forecasted employment growth target of 460,000 jobs by 2051. As part of the second phase of Durham Region's Growth Management Study (GMS) for its Municipal Comprehensive Review (MCR) known as Envision Durham, Regional Staff are identifying, assessing, and consulting on proposed area municipal growth allocations and proposed geographic locations for Settlement Area Boundary Expansions (SABEs). Information Report #2022-INFO-91 was prepared by the Commissioner of Planning and Economic Development and released on November 10, 2022. Report #2022-INFO-91 contains draft maps showing the extent and location of SABEs that are required to accommodate Durham's forecasted population and employment growth of 1,300,000 people and 460,000 jobs by the year 2051. This Letter provides a response to Report #2022-INFO-91, which does not recommend the Subject Property for inclusion within the proposed draft SABE. VAUGHAN OFFICE 201 Mi I lway Avenue, Suite 19, Vaughan, Ontario, L4K 5 89q% . 3 .8080 westonconsulting.com Page 1 TORONTO OFFICE 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 WESTON CONSULTING IM Previous Feedback Weston Consulting has submitted letters on behalf of the Subject Property owner to provide comments on the following: • Urban Boundary Expansion Planning Letter — Response Letter submitted in April 2021; • Special Study Area 2 Policy Deletion — Response Letter submitted in April 2021; • Request for Consideration — Inclusion in Future Employment Area — Response Letter submitted in October 2021; and • Envision Durham Land Need Scenarios — Response Letter submitted in April 2022 Please refer to our comments provided in this correspondence as they pertain to other regional policy considerations. Also please note that the relocation of an existing auto wrecking yard as referenced in previous letters is no longer being pursued. Description of the Subject Property The Subject Property is comprised of two irregularly shaped parcels maintaining a frontage of approximately 196.64 metres onto Rundle Road and a total land area of approximately 10.64 hectares (26.29 acres). The Subject Property is located within an agricultural area accessible from Rundle Road. The immediate context consists of predominantly agricultural and employment uses. To the north of the Subject Property and Baseline Road West exists a CPR corridor. Highway 401 is located to the south. To the east is a large farm property currently used for agricultural purposes. To the west are employment uses, and the existing Highway 418. The Subject Property is designated as Major Open Space Areas within the Greenlands System of the Durham Region Official Plan and is currently designated as Rural within the Municipality of Clarington's Official Plan (COP) and zoned as Agricultural under Zoning By-law 84-63. The Subject Property currently accommodates cultivated agricultural cropland. Figure 1: Aerial Photo of the Subject Property VAUGHAN OFFICE 1 201 Millway Avenue, Suite 19, Vaughan, Ontario, L4K 5 8 q``'r% . 3 .8080 westonconsulting.com Page 2 of 8 TORONTO OFFICE 1 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 WESTON GOP961JU ING Area Municipal Land Need for Settlement Area Boundary Expansion According to the Report titled `Durham Region Growth Management Study Phase 2: Area Municipal Growth Allocations and Land Needs, 2051' dated October 7, 2022, and prepared by Watson and Associates (the `Watson Report'), the Municipality of Clarington is expected to accommodate an additional population of 115,700 people and an additional 40,400 jobs by the year 2051. According to the Watson Report, population growth within Clarington is anticipated to increase at an annual rate of 2.5%, which represents the second - highest forecast population growth rate in the Region after the City of Pickering. Similarly, employment within the Municipality is forecast to grow by 40,400 jobs between 2021 and 2051, representing an annual growth rate of 2.9%, which is higher than the growth rate of 2.2% observed historically between 2006 and 2021. According to page 4-1 of the Watson Report, Clarington is expected to experience some of the strongest levels of Employment Area job growth across the Region. Pickering and Clarington are forecast to contain the largest Employment Area land expansions across the Region, with 233 and 486 hectares respectively. Page 4-3 of the Watson Report states that these expansions are partly driven by diminishing land supplies across Ajax, Oshawa, and Whitby, which is expected to create greater development pressures on municipalities with available lands for development. The SABEs proposed by Regional Staff comprise 845 hectares of Community Area land and 528 hectares of Employment Area land, totaling 41 % of available whitebelt lands. Appendix 5 to Report #2022-INFO-91 notes that, "given the large amount of whitebelt land in Clarington, there is greater flexibility in which SABEs may be provided." In consideration of the development pressures facing other municipalities in the Region, it is our opinion that the Municipality of Clarington has capacity to accommodate additional Employment Area land in strategic locations within the whitebelt, particularly along major transportation corridors, including Highway 401. In December 2021, Durham Regional Council endorsed Employment Area conversion requests for properties across the Region. A number of guiding principles were created to evaluate requests for Employment Area conversions, including: a. Protect Employment Areas in proximity to major transportation corridors and goods movement infrastructure to ensure businesses have access to a transportation network that safely and efficiently moves goods and services; b. Maintain the configuration, location and contiguous nature of Employment Areas in order to prevent fragmentation and provide business supportive environments. c. Provide a variety of Employment Area lands in order to improve market supply potential and Regional attractiveness to a variety of employment sectors and business sizes; and d. The municipality will maintain sufficient employment lands to accommodate forecasted employment growth to the horizon of the Growth Plan. The inclusion of the Subject Property as an EmploymentArea within the Urban System would provide a natural extension of the contiguous existing Employment Area located to the west while providing new Employment Areas within close proximity and direct exposure to the Highway 401 and Highway 418 corridors. VAUGHAN OFFICE 201 Mi I lway Avenue, Suite 19, Vaughan, Ontario, L4K 5 89``'r% . .8080 westonconsulting.com Page 3 of 8 TORONTO OFFICE 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 WESTON CONSULTING Draft Settlement Area Boundary Expansions and Urban Separator Policies Attachment 9 to Report #2022-INFO-91 contains the current requests for SABEs and Regional Staff's recommendation for inclusion within the future Settlement Area Boundary. In the assessment of Boundary Expansion Request BER-3 in association to the Subject Property, Staff recommend against inclusion within the SABE, describing the lands as "isolated from larger, more contiguous proposed SABE areas and within the urban separator between Courtice and Bowmanville, which is intended to be preserved primarily for agricultural uses." Municipality of Clarington �;gnWav qp1 Attachment #4 Taunton Road Ic i m� 401 Settlement Area Boundary Expansions - Clarington l Fl Proposed Settlement Area Boundary Expansion Areas Expansion Regional Centre I Regional Corridor Oak Ridges Moraine Areas i; Greenbelt Boundary Prime Agricultural Areas Q urban Area Boundary 0 1 2 3 4 Employment Areas Municipal Boundary Kilometres Major Open Space Areas ® Selected Endorsed Living Areas community Areas Employment Conversions (for context) a gac�i o Hamlet Proposed Major Transit ae- , Reponen mom - watertront Areas Station Area Extension t� m�oa mre T+yM+paWTM�'u�oxe aiTy�are��R Amy a�e9ra��r.�.°fwren, Figure 2: Draft Settlement Area Boundary Expansions — Municipality of Clarington The proposed SABEs and associated land use allocations for Clarington are illustrated on Attachment 4 of Report #2022-INFO-91 and on Figure 2 above. The proposed new Employment Areas have been distributed along the 400-series highways along both sides of Highway 418 east of the existing Courtice urban boundary, and along Highway 401 where it meets Highway 35/115 between Bowmanville and Newcastle. It is our opinion that inclusion of the Subject Property within the Urban System would represent a logical continuation of the existing Employment Areas located immediately to the west, and would additionally be consistent with provincial and regional planning principles which encourage the development of employment lands adjacent to key transportation and goods movement corridors, a planning principle that in our opinion would not undermine good land use principles. VAUGHAN OFFICE 201 Millway Avenue, Suite 19, Vaughan, Ontario, i 5 89g90 . 3 .8080 westonconsulting.com Page 4 of 8 TORONTO OFFICE 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 WESTON GOP96ULi ING According to Appendix 5 to Report #2022-INFO-91, the proposed SABEs would continue to maintain urban separators "to the extent possible" between Clarington's Urban Areas, while also providing future growth for Courtice, Bowmanville, and Newcastle as logical and continuous extensions to the existing urban boundaries. The proposed SABEs illustrated in Attachment 4 show an Employment Area SABE on lands designated as Major Open Space Areas under the Greenlands System of the Durham Regional Official Plan, and as Rural areas under the Municipality of Clarington Official Plan. These designations are identical to those applicable to the Subject Property. In recognition of the land use designations currently applicable to these properties, it is our opinion that inclusion of the Subject Property within the Greenlands System and the urban separator should not preclude the Subject Property's designation within the Urban System. In our opinion, the proposed SABE request is appropriate, has planning merit, and does not negatively impact the integrity of the continuous Greenlands System described in section 7.2.1 c) of the Durham Regional Official Plan: 7.2.1 The structure of the Region shall be composed of the following components: c) a continuous Greenlands System that is integrated with both the Urban and Rural Systems, to protect and connect the Oak Ridges Moraine, key natural heritage and hydrologic features, waterfronts, and to provide urban separators and recreational opportunities in accordance with Section 10; It is our opinion that the proposed SABE would enable reasonable employment growth of an underutilized property with no key natural heritage and hydrologic features present. Additionally, the Subject Property benefits from close access and direct exposure to major goods movement corridors, where employment uses are encouraged by provincial and regional planning policies. Planning Analysis The following planning rationale outlines the basis upon which a SABE is proposed to include the Subject Property, along with its designation as Employment Areas within the Urban System of the Durham Regional Official Plan. The Provincial Policy Statement (2020) The current version of the Provincial Policy Statement (PPS) came into effect on May 1, 2020, and provides policy direction on matters of provincial interests related to land use planning and development. The PPS aims to permit appropriate development, while ensuring that matters of provincial interest, public health and safety, and the quality of the natural environment are protected. All planning decisions in Ontario must be consistent with the PPS. Section 1.1.3 of the PPS entitled "Settlement Areas" provides direction on the growth of urban areas and rural settlement areas, and states that land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land and resources, are appropriate for and efficiently use the infrastructure and public service facilities which are planned or available, and are freight -supportive. The adjacency of the Subject Property to Highway 401 and a Canadian Pacific Railway corridor ensures that any future employment development would be supported by existing transportation corridors, and would thereby represent value added for future employment uses. VAUGHAN OFFICE 201 Mi I lway Avenue, Suite 19, Vaughan, Ontario, L4K 5 89``'r% . 3 .8080 westonconsulting.com Page 5 of 8 TORONTO OFFICE 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 WESTON GOP96ULi ING Growth Plan for the Greater Golden Horseshoe, 2020 The SABE request for the Subject Property has regard for the policies of the 2020 Growth Plan, particularly policy 2.2.8.3, which includes criteria to assess the most appropriate location for proposed boundary expansions: "2.2.8.3. Where the need for a settlement area boundary expansion has been justified in accordance with policy 2.2.8.2, the feasibility of the proposed expansion will be determined and the most appropriate location for the proposed expansion will be identified based on the comprehensive application of all of the policies in this Plan, including the following: a) there is sufficient capacity in existing or planned infrastructure and public service facilities; b) the infrastructure and public service facilities needed would be financially viable over the full life cycle of these assets; e) key hydrologic areas and the Natural Heritage System for the Growth Plan should be avoided where possible; and 0 prime agricultural areas should be avoided where possible." In our opinion, the proximity of the Subject Property to Highway 401 and Highway 418, and the CPR corridor to the north, supports its inclusion within the settlement area boundary and its designation as an Employment Area. The adjacency of the Subject Property to Highway 401 demonstrates consistency with policies 2.2.8.3 (a) and (b), which direct SABE to areas where there is sufficient capacity of existing or planned infrastructure. The Subject Property is not located within a Prime Agricultural Area, a Natural Heritage System, or the Greenbelt. Additionally, no portions of the Subject Property are proposed to be identified as an Environmental Protection Zone by the proposed new Zoning By-law focused on rural Clarington, which is being advanced under the Zone Clarington initiative. A SABE to include the Subject Property and enable prestige employment uses would additionally be consistent with Growth Plan policies which direct employment uses to major goods movement corridors, particularly policy 2.2.5.5: "2.2.5.5. Municipalities should designate and preserve lands within settlement areas located adjacent to or near major goods movement facilities and corridors, including major highway interchanges, as areas for manufacturing, warehousing and logistics, and appropriate associated uses and ancillary facilities." Future employment uses on the Subject Property would optimize existing transportation infrastructure and offer a contiguous addition to employment areas within the existing settlement area boundary. VAUGHAN OFFICE 201 Mi I lway Avenue, Suite 19, Vaughan, Ontario, L4K 5 89q% . 3 .8080 westonconsulting.com Page 6 of 8 TORONTO OFFICE 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 WESTON CONSULTING fO Durham Region Official Plan, (2017) The Durham Region Official Plan (DROP) was approved by the Minister of Municipal Affairs & Housing on November 24, 1993. The latest office consolidation of the Official Plan occurred on May 26, 2020. The DROP provides policy direction on matters of interest related to land use planning and development within the Region of Durham. Section 8C.2.11 of the DROP states, "The Region recognizes the long-term economic importance of designated Employment Areas and associated highway infrastructure for employment uses. Subject to Policy 7.3.11 and a comprehensive review of this Plan, lands in the vicinity of associated highway infrastructure should be designated for employment purposes that rely on this infrastructure once they are deemed to be within the Urban Area." The above policy recognizes the relationship between transportation infrastructure and employment uses. The Subject Property's location adjacent to an existing Employment Area and accessible from major highways and roads makes it an ideal candidate for inclusion within the Settlement Area Boundary. Redevelopment of the Subject Property for employment uses would be consistent with adjacent development patterns and the symbiotic relationship between industrial development and access to major transportation corridors. • • LEGEND ILMAN IYSIEM O TRANSAOR IATNN SYSrEN .1 �•� uxenx.3R�aouxunxr •����9EE ScrvEouLELF00. o[sl�nnan I uAa_- I I TAOY[� I —.— uxaaN nAFn euurvwm oEFExREo ELV FOREnEECFixlFnvxElnnoN � """'I aPoieRrtoE9aruAnoMsauLt , • aEeiow3i eErv]RE O' nat Pa Pen eEaeni IOT 119T ILOT a In in 1 .ResN0—CENIRE �ePx e P� w,n ee�n<xl x;� _ :01. s.b,•� a wN�IPa�sER41LE , ,.�..,.�FnP,exP � �sT.noH P B %]4C10�0 WNICIP.L SERNCE6 FULLmaniuL F3F£ENL1 N039Y9IEM gpE 1AREAS GEM[MTNG STATIO.4 ¢v¢i¢w15e vRlvniE wn¢T¢q¢RosAL ar¢i¢ w`v4 x3.x..s xo�xE.ns i_ z _'saeci.L s,vor.Ru LA JsPeoric Poucv xnen ELt6 xA]EVrI�STE �YUJaPRL �FiAInSR ��iMnnelr,LxnrtE l�PaaELLEU Io o.M.e. �I eR�IvCES 66nLSY3TEx6e _ ., ,anrerorwxervcsm ,M�,M,, Wa' POYCY ].3,11p1 a auC "M Pv t.D TO n. Figure 3: Extract from Durham Region Official Plan — Map A5' Regional Structure It is our planning opinion that the Subject Property should be reconsidered for inclusion within an expanded Settlement Area and within a future Employment Area, which would: • address the Region's identified employment land needs; • provide compatibility with adjacent employment uses immediately west; • offer a contiguous extension of the existing settlement area boundary and existing Employment Areas; • optimize existing transportation infrastructure in accordance with provincial and regional policies; • avoid settlement area expansion into lands within the Natural Heritage System; and • capitalize on lands that are located along major goods move corridors and are therefore ideally situated for Employment Areas. VAUGHAN OFFICE 1 201 MillwayAvenue, Suite 19, Vaughan, Ontario, L4K X ggq0 . 3 .8080 westonconsulting.com Page 7 of 8 TORONTO OFFICE 1 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 WESTON GOP961JU ING Conclusion In summary, we are of the opinion that the Subject Property meets the requirements of the PPS, Growth Plan, and DROP that would support their inclusion within a Settlement Area Boundary Expansion and future designation as Employment Areas as part of the Region's continued Municipal Comprehensive Review process. We appreciate the opportunity to provide comments in relation to Report #2022-INFO-91 and would appreciate reconsideration of the Subject Property within an expanded Settlement Area Boundary. We also kindly request that we be notified in relation to the Envision Durham process, including the release of draft policies and future technical reports. Please contact the undersigned at ext. 241 or ext. 350 if you have any further questions or comments regarding this response letter. Yours truly, Weston Consulting Per: Ryan Guetter, BES, MCIP, RPP Executive Vice President C. Gary Muller, Region of Durham Lori Riviere-Doersam, Region of Durham Lino Trombino, Region of Durham Carlos Salazar, Municipality of Clarington Lisa Backus, Municipality of Clarington 1725596 Ontario Limited Marc Mitanis, BURPI Planner VAUGHAN OFFICE 201 Millway Avenue, Suite 19, Vaughan, Ontario, L4K 5 89q% . 3 .8080 westonconsulting.com Page 8 of 8 TORONTO OFFICE 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 Meeting No. Date 3/27/2023 Item No. 7.2.2 Planning and Development Committee Reports/Correspondence Related to Presentations/Delegations 1. Subject: Correspondence from Wendy Bracken regarding PDS-017-23, Envision Durham: Draft New Regional Official Plan 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: - Wendy Bracken.docx Page118 -----Original Message ----- From: wendy-ron wendy-ron <wendy-ron sympatico.ca> Sent: Monday, March 27, 2023 10:40 AM To: ClerksExternal Email <clerks clarington.net>; Mayor Shared Mailbox <mayor(a-).clarington.net>; Anderson, Granville <GAnderson(a)-clarington.net>; Elhajjeh, Sami <SElham meh clarington.net>; Rang, Lloyd <LRang(a clarington.net>; Traill, Corinna <CTraiI16c clarington.net>; Woo, Willie <WWoo(o)-clari ngton. net>; Zwart, Margaret <MZwart clarington.net> Cc: csalazeO( clarington.net; Allin, Sarah <SAllin(a)-clarington.net>; Backus, Lisa <Ibackus clarington.net> Subject: Correspondence For Planning and Development Committee March 27th Re: Clarington Report PDS-017-23 (Durham Draft Official Plan) EXTERNAL Dear Clarington Planning and Development Committee Members, I am writing to you about Staff Report PDS-017-23 regarding Durham's Draft new Regional Official Plan. I strongly object to the amount of land unnecessarily and irresponsibly being allocated for development by Durham Region and urge Clarington Council to not support that position. First, we had Durham Regional Council support a devastating 9,000+ acres more (most land likely to be designated in Clarington and Pickering) of Durham's precious lands for development than the commenting public wanted (the public overwhelmingly wanted no additional community lands approved, as per Land Needs Scenario 5) and also more than Durham Regional staff recommended. (Durham staff had recommended Scenario 4, but, Durham Regional Council members, including Mayor Foster, on May 25th, 2022 went with industry's BILD Scenario 2A instead). Next came Ontario Bill 23 and the appalling assault on the Greenbelt with an additional 5,000 acres of precious irreplaceable lands — lands that were supposed to be protected in perpetuity — taken out of the Greenbelt. So, we have a whopping total of 14,000 acres of land in Durham Region that may be slated, unnecessarily, for development. What makes this all so egregious is that allocating this land for development is completely unnecessary and at a time when our planet is under existential risk due to climate change and environmental degradation. Premier Ford's own Housing Task Force found that there was enough land in the white belt to accommodate future growth and no new land was needed to be approved for development. Page119 Warning lights are flashing red but the response in Durham and Clarington is to add fuel to the fire. Many experts and the public are calling for smart urban growth within existing urban boundaries — liveable, vibrant, walkable communities with transit instead of more sprawl and the costs — both financial and environmental — of servicing those lands. Evidence of the devastating impacts of climate change is already here, and we know that this land development will negatively impact our climate and environment. A week ago the UN released their landmark report on climate change with the UN Secretary General Antonio Guterres warning of the urgency to act stating "Our world needs climate action on all fronts — everything, everywhere, all at once." A Toronto Star article on the UN report stated: "While Guterres referenced a science fiction movie in his remarks, the solutions to this crisis are both well understood, already in use and, in some cases, almost embarrassingly simple. Protecting intact forests, wetlands and other natural ecosystems would have massive payoffs." https://can0l .safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.thestar.com %2Fnews%2Fcanada%2F2023%2F03%2F20%2Fthe-un-0ust-released-a-landmark- climate-change-report-heres-the-timeline-it-gives- us.html%3Fsource%3Dnewsletter%26utm source%3Dts nl%26utm medium%3Demail %26utm email%3D6E7640A9A2409877EEE51 E5D08C44AE8%26utm campaign%3D bn 172348&data=05%7C01 %7Cclerks%40clarington.net%7Cdcde55b7253341364df40 8d b2ed 13498%7C2c663e0f310e40c2a 196f341569885a9%7C0%7C0%7C6381552483 01421111%7CUnknown%7CTWFpbGZsb3d8eyJWInoiMC4wLjAwMDAiLCJQIjoiV21uMz IiLCJBTil6lk1 haWwiLCJXVC16Mn0%3D%7C3000%7C%7C%7C&sdata=Tniuxtvv6DtJR NVHgzhkl5a26bLhmGsBomA6h7HnxRl%3D&reserved=0 The embarrassingly simple solution here in Clarington and Durham is to do just that — preserve and protect the intact farmlands, forests, wetlands, and other natural ecosystems and stand up and say no to approving these additional lands for development. These natural systems are the carbon sinks we desperately need. Once it's gone, it's gone. Development means the destruction of these essential natural systems. Some of the best farmland in Durham is south of the Moraine. At a time of food insecurity, it makes no sense to subtract from our precious farmlands and pave over them. I am sickened to see the unnecessary loss of prime agricultural land and green spaces in Clarington to urban development, including the erosion/destruction of the beautiful separation between Bowmanville and Newcastle — precious farmland on both sides of Highway 2 and green spaces around Wilmot Creek will be a memory, lost for future Page120 generations if this goes ahead. The loss of habitat and wildlife corridors is heartbreaking and depressing. We CAN build within our current urban boundaries and intensify in built up areas where appropriate. I urge you to be the leaders our world needs today, to act bravely and refuse this further expansion of urban boundaries in Clarington. Do not endorse this new Clarington Report. Stand up for OUR well-being, not for developers who will always want more. Do this especially for our youth and future generations who will be most impacted. At the very least, you must delay the vote on it and do your due diligence to inform Clarington residents of what's on the table Durham Region has set for us. Most Claringtonians have no idea of what is coming our way nor do we know how we could afford to pay to service these lands. As your staff put forward in Staff Recommendation No. 2 in their previous Report PDS- 005-23, we need a public information session here in Clarington as we, together with Pickering, are most impacted. Thank you for your anticipated consideration of my correspondence. Sincerely, Wendy Bracken Newcastle Page 121 Meeting No. Date 3/27/2023 Item No. 7.2.3 Planning and Development Committee Reports/Correspondence Related to Presentations/Delegations 1. Subject: Correspondence from Rodger Miller, Miller Planning Services, regarding PDS-017-23, Envision Durham: Draft New Regional Official Plan 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: - Envision Durham March 27 2023 Letter to Clarington Committee Richview Courtice.pdf Page122 MDSMILLER PLANNING SERVICES Municipality of Clarington Clerks Department 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mayor Foster and Members of Planning & Development Committee Re: Envision Durham — Draft New Official Plan Clarington Planning Report PDS-017-23 Richview Properties Inc., 1261 Holt Road Clarington. Dear Mayor Foster and Members of Committee: March 27, 2023 We are writing on behalf of our clients, Richview Properties Inc., owners of the captioned lands. These lands are strategically located at intersection of Base Line Road and Holt Road immediately north of the Highway 401/ Holt Road Interchange. We were retained a few months ago by our clients to review and comment on the Regions Municipal Comprehensive Review process and the Draft New Official Plan as it relates to their lands. We have also reviewed the captioned report prepared by your Planning Department. The proposed Draft New Official Plan and its recommended Settlement Area Boundary Expansions for Clarington recommend that these lands remain in their current Major Open Space Area designation. We note that there have according to the Regions earlier reports many requests for Settlement Area Boundary Expansions for lands predominately north and east of our client's lands were received. We also note that the Regions response was to reject many of these requests on the basis of the desire to maintain an "urban separator" between the Courtice and Bowmanville areas. When looking at the various urban separators in other areas of the Region some of the urban separators extend from Lake Ontario to Oak Ridges Moraine whereas others do not. In this location the urban separator does not extend to the Lake given the location of the Darlington Nuclear Generating Station. The Draft New Official Plan has recommended the rounding out the Courtice and Bowmanville Urban Areas into the urban separator in some cases. The recommendations include expanding the Employment Land designations to the east in the vicinity of the Highway 418 corridor while also expanding the Living Area designation on the west side of Bowmanville. The Employment Land expansions have been identified as opportunities to take advantage of the high quality transportation infrastructure and visibility of these lands for employment purposes. We would acknowledge that these urban expansion employment land recommendations have merit. In similar fashion we submit to you that the Municipality of Clarington and the Region of Durham should support the designation of an area of lands between the current employment land designations in Courtice and Bowmanville areas along the Highway 401 and Base Line Road corridors. The designation Suite 404 701 Rossland Rd. E. Whitby, ON. L1N 91<3 T: 416.605.0741 r.miller@millerplan.ca millerplan.ca Page 123 MDSMILLER PLANNING SERVICES of this area as Employment would be similar to the proposed recommendations to designate lands along the 401 Corridor in Clarington (the proposed Employment Lands between Bowmanville and Newcastle) and allow the Region to take advantage of the high quality transportation infrastructure and highway exposure for employment land at the Holt Road Interchange. We believe that there is an opportunity to create a successful employment lands area along the north side of Highway 401 at Holt Road while still maintaining an urban separator to the north. We would like to request that Clarington Planning & Development Committee and Council recommend the additional designation of these lands as a part of their comments back to the Region prior to the Regions consideration of their new Official Plan. We thank you for the opportunity to comment on these matters. We would also like to request that we be advised of any further meetings and reports regarding this same. Sincerely, lz/Mj�e�- Rodger Miller, Principal Suite 404 701 Rossland Rd. E. Whitby, ON. L1N 91<3 T: 416.605.0741 r.miller@millerplan.ca millerplan.ca Page 124 Meeting No. Date 3/27/2023 Item No. 7.3 Planning and Development Committee Reports/Correspondence Related to Presentations/Delegations 1. Subject: PDS-023-23 Rezoning Application to Permit 33 Residential Units Consisting of 7 Single Detached Units and 26 Townhouse Units in Bowmanville 2. Initiated By: Development Review 3. Referred By: Nicole Zambri, Cindy Strike, Amanda Tapp 4. Decision Required: (Attachment 1 has been revised to include the future development block) 5. Documents attached: - PDS-023-23.docx - Attachment 1 to Report PDS-023-23.docx - Attachment 2 to Report PDS-023-23.docx Page125 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 27, 2023 Report Number: PDS-023-23 Submitted By: Reviewed By: File Number: Report Subject: Carlos Salazar, Director of Planning and Infrastructure Services Mary -Anne Dempster, CAO Resolution#: ZBA2021-0007 (x.ref S-C-2021-0001) By-law Number: Rezoning application to permit 33 residential units consisting of 7 single detached units and 26 townhouse units in Bowmanville. Recommendations: 1. That Report PDS-023-23 and any related delegations or communication items, be received; 2. That the Zoning By-law Amendment application submitted by Fairhaven Investments Inc. be approved and the draft By-law in Attachment 1 to Report PDS-023-23 be passed; 3. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol and conditions of draft approval are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 4. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 023-23 and Council's decision; and 5. That all interested parties listed in Report PDS-023-23 and any delegations be advised of Council's decision. Page126 Municipality of Clarington Report PDS-023-23 Report Overview Page 2 This report is recommending approval of a Zoning By-law amendment and Draft Plan of Subdivision submitted by Fairhaven Investments Inc. to permit the development of 33 residential units consisting of 7 single detached units, 26 townhouse units, and a Future Development Block on a new public road, in Bowmanville. 1. Application Details 1.1 Owner/Applicant 1.2 Agent: 1.3 Proposal: 1.4 Area: Fairhaven Investments Inc. Humphries Planning Group Inc. Draft Plan of Subdivision The proposed Draft Plan of Subdivision would permit 33 residential units consisting of 7 single detached units, 26 townhouse units and a Future Development Block. The subdivision would extend Nelson Street north and create a new public road internal to the site. Zoning By-law Amendment To rezone the lands from "Holding — Urban Residential Type Two ((H)R2)", "Holding — Urban Residential Exception ((H)R2-33)", and "General Industrial Exception (M2-1)" to appropriate zones that would permit single detached and townhouse dwelling units with the proposed lot sizes and provisions. 1.63 Hectares (4.03 acres) 1.5 Location: Blocks 112 and 113 on Plan 40M-2294, north of Albert Street, south of the former Goodyear lands in Bowmanville. See Figure 1. 1.6 Roll Number: 181702010018048 and 181702010018098 1.7 Within Built Boundary: Yes Page127 Municipality of Clarington Report PDS-023-23 2. Background fT22 27 E 29' Subject Lands BLOCK 11�3 !� 424' 212 BLOCK 112 PL6 9 59 48 67 63 �43 44 756 _ .' 1 28 z� 39� Page 3 Figure 1: Subject lands shown as Blocks 112 and 113 in Plan 40M-2294. 2.1 The subject lands are two blocks remaining from the previous subdivision approvals, Plan 40M-2294, which included the lands to the south, along Nelson Street, Albert Street and Alfred Shrub Lane. 2.2 The original subdivision was draft approved in 1995 with amendments to draft approval in 2002 and 2004. The original application and two amendments included significantly different proposals with different building forms including single detached, semi- detached and townhouse dwellings. The 2004 approval had the least number of total units consisting of 106 single detached lots on 12 metre frontages. Page128 Municipality of Clarington Report PDS-023-23 Page 4 Figure 2: Aerial of subject lands, surrounding land uses including the previous subdivision approval, former industrial lands and Special Study Area 3. 2.3 When the subdivision was approved the industrial lands to the north were still in operation, with licences to operate from the provincial government. To ensure compliance with provincial licences, Block 113 was not able to develop for residential purposes as the required setback from the industrial use to the north, specifically the reclaimed rubber plant, could not be met. Block 112 was intended for residential uses in the future should the industrial uses to the north cease to exist. 2.4 The industrial use is no longer in operation and the environmental compliance permits with the Ministry of the Environment, Conservation and Parks were revoked in 2017. The Official Plan designates the former industrial lands and some surrounding residential lands as Special Study Area 3. Special Study Area 3 envisions the area to be redeveloped as a mixed -use residential area, taking advantage of its location to Page129 Municipality of Clarington Report PDS-023-23 Page 5 downtown Bowmanville and the Bowmanville Creek valley. See Figure 2. Prior to any redevelopment, a comprehensive plan shall be prepared and adopted as an amendment to the Bowmanville East Town Centre Secondary Plan. The Secondary Plan review process is currently underway. 2.5 The subject lands are not included in Special Study Area 3; however, they are adjacent to the Special Study Area and provide flexibility and the ability to integrate with the future mixed -use residential development. 2.6 On April 28, 2021 Fairhaven Investments Inc. submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to permit 34 residential units consisting of 8 single detached units, and 26 townhouse units. See Figure 3. The draft plan was subsequently changed to remove one single detached dwelling and replacing it with a Future Development Block. This provides flexibility for future development and road patterns to the north. Figure 3: Proposed Draft Plan of Subdivision 2.7 The applicant has submitted the following studies in support of the applications and will be summarized in Section 8 of this report. Page130 Municipality of Clarington Report PDS-023-23 • Environmental Impact Study; • Land use Compatibility Study; • Phase One and Two Environmental Site Assessment; and • Functional Servicing and Stormwater Management Report; and • Traffic Brief 3. Land Characteristics and Surrounding Uses Page 6 3.1 The subject lands are located at the north end of Nelson Street, west of Duke Street and east of Bowmanville Creek. The site is currently vacant with a significant mound in the middle of the site which appears to be left over fill from the previous development to the south. See Figure 4. The site currently slopes to towards Bowmanville Creek to the west. Figure 4: Subject lands looking east from Nelson Street. 3.2 The surrounding uses are as follows: North - Unoccupied industrial lands, formerly Goodyear South - Single detached dwellings East - Single detached dwellings West - Bowmanville Creek, in municipal ownership Page 131 Municipality of Clarington Page 7 Report PDS-023-23 4. Provincial Policy Provincial Policy Statement (PPS) 4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. The proposal conforms with the policies of the PPS. Provincial Growth Plan 4.2 The subject lands are within the defined Built Boundary and within the Urban Boundary of Bowmanville. 4.3 Growth is to be accommodated by directing a significant portion of new growth to the built-up areas through intensification and efficient use of existing services and infrastructure. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built-up area. 4.4 The development of complete communities is encouraged by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. The proposal conforms with the policies of the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject lands Living Areas. Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. 5.2 Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. The proposal conforms with he policies 5.3 The Region of Durham Official Plan identifies Key Natural Heritage and Hydrologic Features to the west of the subject lands. Development or site alteration is not permitted in Key Natural Heritage and Hydrologic Features, including any associated vegetation protection zone, as determined through an Environmental Impact Study. Clarington Official Plan 5.4 The Clarington Official Plan designates the lands Urban Residential and Environmental Protection. The Urban Residential designation is predominately intended for housing purposes, primarily single detached, semi-detached and townhouse dwellings. A variety Page132 Municipality of Clarington Report PDS-023-23 Page 8 of densities, tenure and housing types are encouraged, generally up to 3 storeys in height. 5.5 Natural Heritage Features are also identified and mapped on the west side of the subject lands and adjacent to the subject lands. This area is designated Environmental Protection Area. The natural heritage system is to be protected and enhanced for the long term to promote responsible stewardship and provide sustainable environmental, economic and social benefits. Studies will determine the appropriate development limit and buffers in accordance with the Official Plan. The policies require an Environmental Impact Study to be submitted in support of development, to determine the extent of the feature and appropriate buffer limits, with a minimum of 15 metres to waterways and valleylands. 5.6 The lands directly to the north of the subject lands are former industrial lands that are now subject to Special Study Area 3 within the Official Plan. The outcomes of Special Study Area 3 will determine how the lands to the north of the proposed subdivision will develop and integrate with the proposed subdivision. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Holding — Urban Residential Type Two ((H)R2)", "Holding — Urban Residential Exception ((H)R2-33)", and "General Industrial Exception (M2-1)". A Zoning By-law Amendment is required to permit the proposed single detached and townhouse dwelling units with the proposed lot sizes and provisions. 6.3 The proposed Zoning By-law amendment includes a Holding Zone. The Holding zone will remain on the lands until the necessary conditions of draft approval anddevelopment agreements are in place for the draft plan of subdivision. 6.4 The development agreements will require the applicant to, among other matters: • address the recommendations of the background studies, including submissions of additional information, plans and reports; • provide for municipal services and road works that will service the development; and • provide contributions towards parkland. 7. Public Notice and Submissions 7.1 The Public Meeting was held June 28, 2021. Page133 Municipality of Clarington Page 9 Report PDS-023-23 Staff have received inquiries and questions from residents, as follows: • Timing regarding the proposed development, should it be approved; • Requesting information regarding studies submitted, specifically the Environmental Site Assessment and potential impact from the former industrial lands to the north; • Requesting information on the future development of the former industrial lands north of the subject lands, Special Study Area 3; • Requesting information on previous plans for the Blocks when the subdivision to the south was developed and setbacks from the industrial use; • Safety as a result of traffic on Albert Street and Nelson Street ; • Concern with the architectural design of the buildings; • How is drainage at the rear of the existing homes be handled; • How will construction traffic be handled; and • Townhouses do not fit into the character of the neighbourhood. 7.2 These comments and concerns will be discussed in Section 10 of this report. 8. Summary of Background Studies Environmental Impact Study — GHD April 2021 8.1 The subject site is within 120 metre of natural heritage features associated with the Bowmanville Creek valley. No area sensitive bird species, rare plants, or habitat of threatened or endangered species was found. The report concluded that the proposed development will not result in impacts on the natural heritage features or functions. The report makes recommendations to mitigate any potential impacts during the site preparation, construction, and post construction periods. The Conditions of Draft Approval for the subdivision will include conditions that the developer will be required to implement the recommendations in the Environmental Impact Study. Land Use Compatibility Study — Humphries Planning Group Inc. 8.2 The Land Use Compatibility Study concluded that the proposed development is consistent with the Provincial Policy Statement, conforms to Growth Plan, the Durham Regional Official Plan and the Clarington Official Plan. Phase 1 and 2 Environmental Site Assessment — Pinchin November 2021 8.3 The Phase 1 Environmental Site Assessment (ESA) recommended that a Phase 2 ESA be undertaken. The Phase 2 assessed the soil and groundwater quality in relation to Page134 Municipality of Clarington Report PDS-023-23 Page 10 three areas of potential concern. Samples were collected from three bore holes, at 4.6 metres in depth below the ground surface and submitted for laboratory analysis. The samples met the applicable regulatory standards for a Phase 2. No further investigation was required. Functional Servicing and Storm Drainage Report — D.G Biddle & Associates November 2021 8.4 The site will be serviced with extension of storm sewers, sanitary sewers, water infrastructure situated at the current terminus of Nelson Street. A stormwater management pond was constructed with the first phase of development. This facility will also handle stormwater from this subsequent phase. Transportation Brief - GHD — June 2022 8.5 The proposed development will be accessed primarily from Liberty Street and Baseline Road via Hunt Street and Nelson Street. 8.6 The proposed development is expected to introduce a total of 19 new two-way trips to the adjacent road network during the a.m. peak hour consisting of 4 inbound and 15 outbound trips. During the p.m. peak hour, a total of 24 new two-way trips are introduced to the adjacent road network consisting of 14 inbound and 10 outbound trips. 8.7 The site traffic will increase on Albert Street, Nelson Street and Hunt Street with a maximum of one new vehicle trip introduced every 5 minutes during the weekday peak hours to the adjacent roads. 8.8 The expected increase in traffic volumes adjacent to the subject site is nominal and within the typical daily variation on local roads. The existing stop -controlled intersections are expecting to continue with no noticeable increases in delays or queuing during peak periods. 9. Department and Agency Comments 9.1 Department and Agency Comments are summarized in Attachment 2. 10. Discussion 10.1 The Bowmanville East Town Centre Secondary Plan is currently under review, which includes Special Study Area 3, to the north of the subject lands. The development of these lands is not dependant on the study being completed but the proposed draft plan does allow for integration options and flexibility with Special Study Area 3 and privately owned lands to the east. Page135 Municipality of Clarington Page 11 Report PDS-023-23 10.2 The draft plan shows two temporary cul-de-sacs, one at the terminus of Nelson Street and the other at end of the new public road. Nelson Street can be extended into Special Study Area 3, as a public road. The extension of Hunt Street north of Albert Street is not possible, as the lands are in various private ownerships. However, there is opportunity to eliminate the second cul-de-sac should a new public road be extended to the north, and to Durham Street. The developer will be required to make a contribution to a future walkway between Albert Street and Special Study Area 3 for a pedestrian connection, should the private lands be developed in the future. Residents Concerns 10.3 The proposed subdivision is an extension of the existing subdivision to the south which was built in 2004. The homes were subject to architectural design guidelines. The homes in the proposed development will also be subject to architectural design guidelines. 10.4 Transportation Brief demonstrated that the trips generated from the increase of 33 units will be nominal to the existing road infrastructure. The development in Special Study Area 3, will provide opportunities for road and pedestrian connections to the north and into downtown Bowmanville. 10.5 The Phase I and II Environmental Site Assessments demonstrated that the soil samples met the applicable regulatory standards for a Phase 2. No further investigation was required. The long term heavy industrial use of the Goodyear lands will require cleanup or mitigation of any contamination prior to redevelopment. Site remediation must comply with provincial standards appropriate to the types of uses proposed. 10.6 Prior to the redevelopment of the former Goodyear lands, a comprehensive redevelopment plan must be prepared and adopted by amendment to the Bowmanville East Town Centre Secondary Plan. Among other things, the redevelopment plan will consider the existing street grid network, a mix of residential, commercial, and park uses and high and mid -rise residential areas. The townhouses in the proposed draft plan will provide a transition between the existing neighbourhood and the proposed lands uses for the former Goodyear site. 10.7 The prior to development, the developer will be required to enter into a Subdivision Agreement with the municipality. This includes, among other things, submitting detail engineering drawings and reports. Issues such as grading, and drainage and construction traffic will be considered during the detailed review of the engineering submission. 10.8 The subject lands include natural heritage features identified in the Clarington Official Plan associated with the Bowmanville Creek Valley. The applicant has submitted an EIS and additional information to the Conservation Authority to demonstrate that there will be marginal impact to the natural heritage features and Bowmanville Creek. This Page136 Municipality of Clarington Report PDS-023-23 Page 12 has resulted in reduced lot depths along the west side of the site. The balance of the lands will be dedicated to the municipality as open space. 10.9 The subject site is designated for residential use in the Clarington Official Plan. The development of the site offers a transition from the existing neighbourhood and the future development of the former Goodyear lands, with respect to housing form and street/pedestrian connections. 11. Financial Considerations 11.1 The capital infrastructure required for this development will be built by the developer and assumed by the Municipality upon acceptance. The Municipality will include the new capital assets in its asset management plans and be responsible for the major repair, rehabilitation and replacement in the future. 11.2 Maintenance and minor repairs of the road infrastructure will be included in future operating budgets. 12. Concurrence 12.1 The report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. 13. Conclusion 13.1 Staff recommend that the zoning by-law amendment on Attachment 1, be passed with a (H) Holding Symbol, and that the (H) Holding Symbol be removed once all the Conditions of Draft Approval have been satisfied. Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext.2422 or nzambri clarington.net. Attachments: Attachment 1 — Zoning By-law Amendment Attachment 2 - Department and Agency Comments Interested Parties: List of Interested Parties available from Department. Page137 Attachment 1 PDS-023-23 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- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2021-0007. Now Therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" of By- law 84-63, as amended, is amended by adding Special Exception Zone 14.6.70 as follows: Notwithstanding 14.3 c.ii, c.iii, c.iv, e, the lands zoned R3- 70 on the schedules to this By-law shall only be used for a Street Townhouse Dwelling and Dual Frontage Street Townhouse Dwelling accordance with the following definition and zone regulations: a. Definition Dual Frontage Townhouse shall mean: A Street Townhouse Dwelling with frontage on two Public Streets. The lot line adjacent to a public street accessed by a driveway shall be deemed the front lot line. b. Yard Requirements (minimum) Interior Side Yard 1.2 metres ii. Exterior Side Yard 3.0 metres to the dwelling, 1.5 metres to an unenclosed porch. iii. Rear Yard 6.0 metres C. Lot Coverage (maximum) 52 percent Page138 Attachment 1 PDS-023-23 2. Schedule `3E' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "General Industrial Exception (M2-1)" to "Holding- Urban Residential Exception ((H) R2-33) Zone" "Holding — Urban Residential Type Two ((H)R2)" to "Holding - Urban Residential Exception ((H) R2-33) Zone"; "Holding — Urban Residential Type Two ((H)R2)" to " Holding -Urban Residential Exception ((H) R3-70) Zone"; "General Industrial Exception (M2-1)" to "Holding - Urban Residential Exception ((H) R3-70) Zone As illustrated on the attached Schedule `A' hereto. 3 Schedule `A' attached hereto shall form part of this By-law. 4 This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. Passed in Open Council this day of 2023 Adrian Foster, Mayor June Gallagher, Municipal Clerk Page139 Attachment 1 PDS-023-23 This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D. O� Cg) 187 o C-o coo � LO LO 2 183 ASP 119 59 171 167 1 g3 160 Aa p�3 _ Zoning Change From 'M2-1' To '(H)R3-70' _ _ Zoning Change From'M2-1' To'(H)R2-33' Zoning Change From '(H)R2' To'(H)R2-33' N W 0 Zoning Change From '(H)R2' To'(H)R3-70' E S Bowmanville • S-C-2021-0001 Schedule 03 Page140 Attachment 2 to Report PDS-023-23 Department/Agency Comments Summary of Comments Received Development ✓ Development Engineering Division has no objections, Engineering in principle, to the applications. The two proposed temporary cul-de-sacs meet the requirements for waste trucks and snowplows. The revised on -street parking plan is satisfactory. The applicant has addressed preliminary stormwater drainage and grading. Cash -in-lieu of parkland is required Building Division ✓ No comments were provided. Fire and Emergency ✓ No concerns were identified. Services Region of Durham ✓ The comments indicate that the proposed plan of (Planning, Works, & subdivision conforms to the policies of the Durham Transit, Police) Region Official Plan. The Phase I ESA report states that the scope of the investigation is tailored after the Canadian Standards Association's Phase 1 Standard Z768-01 and Ontario Regulation 153/04. The Region of Durham requires Phase One ESA reports to be Record of Site Condition (RSC) compliant using the more rigorous O. Reg. 153/04 standard. As a condition of approval of the Draft Plan of Subdivision, the proponent will be required to provide an RSC compliant Phase One ESA report. This requirement is in accordance with the Region's Site Contamination Protocol and Ontario Regulation 154/03, as amended. The site can be serviced with municipal water and sanitary sewer. Standard conditions of Draft Approval were provided. No immediate obstruction issue for the Region's NextGen radio system and associated microwave links were identified. Central Lake Ontario ✓ Comments indicated Environmental Impact Study and Conservation Authority Meander Belt Assessment were deemed satisfactory. Page 141 Attachment 2 to Report PDS-023-23 Conditions of Draft Approval were provided. School Boards ✓ Kawartha Pine Ridge District School Board had no objection. Standard Conditions of Approval were provided. The Conseil scolaire Viamonde had no comment Elexicon No concerns were identified Enbridge ✓ No concerns were identified. Canada Post Corporation Canada Post has no objections for the proposed development. Standard Conditions of approval were provided. Bell Canada ✓ No concerns were identified. Standard conditions of approval were provided. Page142 Meeting No. Date 3/27/2023 Item No. 7.4 Planning and Development Committee Reports/Correspondence Related to Presentations/Delegations 1. Subject: PDS-024-23 Robinson Creek and Tooley Creek Subwatershed Study 2. Initiated By: PSD 3. Referred By: Amy Burke, Emily Corsi, Jane Wang, Lisa Backus 4. Decision Required: 5. Documents attached: - PDS-024-23.docx - Attachment 1 to PDS-024-23.docx - Attachment 2 to PDS-024-23 Comment Response Summary.docx Page143 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 27, 2023 Report Number: PDS-024-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO By-law Number: File Number: PLN17.27.1 Resolution#: Report Subject: Robinson Creek and Tooley Creek Subwatershed Study Recommendation: 1. That Report PDS-024-23 and any related delegations or communication items be received for information; 2. That the recommendations in the Robinson Creek and Tooley Creek Subwatershed Study be adopted in principle; 3. That staff implement the recommendations of the Robinson Creek and Tooley Creek Subwatershed Study in the Courtice Transit Oriented Community Secondary Plan and the Courtice Waterfront and Energy Park Secondary Plan; 4. That staff implement the recommendations of the Robinson Creek and Tooley Creek Subwatershed Study through any subsequent development approvals; and 5. That all interested parties listed in Report PDS-024-23 and any delegations be advised of Council's decisions. Page144 Municipality of Clarington Page 2 Report PDS-024-23 Report Overview Staff has prepared this report to inform Council on the completion of the Robinson Creek and Tooley Creek Subwatershed Study and to report on the key inputs to the municipal policies supporting future growth and development in Secondary Plans for the Courtice area. This report provides a summary of watershed planning and its important relationship to Secondary Plans. The Subwatershed Study has successfully defined key environmental characteristics, current and future conditions and challenges, and strategies to protect the natural environment and manage development within the Robinson Creek and Tooley Creek Subwatersheds. The findings and recommendations will be included in Secondary Plan policy with respect to the requirements that must be considered as development within the Secondary Plan areas proceed. This report recommends that the Robinson Creek and Tooley Creek Subwatershed Study be implemented in the relevant Courtice area Secondary Plans and any subsequent development approvals. 1. Purpose of the Report 1.1 The purpose of this staff report is to inform Council of the completion of the Robinson Creek and Tooley Creek Subwatershed Study (SWS). It will also present the findings of the report as its recommendations will guide future municipal policies and development approvals through implementation in several Secondary Plans within Courtice. 1.2 This report includes a summary of watershed planning and its relationship to Secondary Plans, the Subwatershed Study process, key findings, and recommendations of the SWS. It also outlines public involvement in the process and responds to final comments received on the final report. The study area for the SWS is shown in Figure 1. 1.3 This is one of two Subwatershed Studies underway in the Municipality. The Soper Creek Subwatershed Study, also prepared with the assistance of the Central Lake Ontario Conservation Authority (CLOCA), is ongoing. 2. Background Watershed and Subwatershed Planning 2.1 Watershed planning is recognized as one of the most effective mechanisms for the protection, management, and enhancement of the natural environment. It uses a holistic approach to manage all aspects of a watershed including the natural heritage system (woodlots, wildlife habitat), hydrologic resources (groundwater, streams, wetlands), and the inter -relationships that exist between these resources. Page145 Municipality of Clarington Report PDS-024-23 Page 3 IE ROADry E I BLOOR;STREET �! 407 Highway 0 Watershed Study Area = l` Urban Area Boundary I= Watershed Boundary Lake Ontario Figure 1 — Watershed Boundaries and Subwatershed Study Area Boundary Page146 Municipality of Clarington Report PDS-024-23 Page 4 2.2 Watershed Plans are typically prepared for the entire watershed of a watercourse. Watershed Plans exist for many of Clarington's watersheds already. GRCA has prepared the Wilmot Creek Watershed Plan, the Graham Creek Watershed Plan, and the Lovekin Creek, Bouchette Point Creek and Port Granby Creek Watershed Plan. CLOCA has prepared watershed plans for Black/Farewell/Harmony Creeks Watersheds and the Bowmanville/Soper Creek. 2.3 Watershed management in its simplest terms means managing wisely upstream so that downstream remains natural and healthy. This is described pictorially in Figure 2. 2.4 Watershed Planning and the requirement for preparing them in support of sustainable development that respects the natural environment is included in all levels of land use planning policy including: Provincial Policy Statement, 2020 Section 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water by: a) using the watershed as the ecologically meaningful scale for integrated and long-term planning, which can be a foundation for considering cumulative impacts of development;... A Place to Grow: Growth plan for the Greater Golden Horseshoe, 2020 Section 4.1 Recognizing that watersheds are the most important scale for protecting the quality and quantity of water, municipalities are required to undertake watershed planning to inform the protection of water resource systems and decisions related to planning for growth. Envision Durham Draft Official Plan, February 2023 Development, Secondary Plans & Phasing It is the policy of Council to: 5.4.9 Require development within Community Areas on lands that are greater than approximately 20 hectares to proceed through secondary planning exercises that include the following elements: a) a mix of diverse and compatible land uses and a full range of housing options, including additional residential units and affordable housing, to support complete communities, vibrant neighbourhoods and active transportation and transit use; b) the implementation of the applicable watershed plan policies, in accordance with Section 7.3. For areas where a watershed plan has not been developed, Policy 7.3.2 shall apply;... Page147 Municipality of Clarington Report PDS-024-23 SURFACE RUNOFF (Contamination can be carried by surface runoff directly to surface and groundwater sources) GROUNDWATER DISCHARGE POND & WETLAND (Stores excess water preventing flooding and naturally filters drinking water sources) SEPTIC SYSTEM (Can cause direct contamination to surface and groundwater sources if improperly maintained) WATER WELL (Taps directly into groundwater sources) LANDFILL AREA URBAN RUNOFF (Carries contamination after rain storms and snow melt directly to surface and groundwater sources) Figure 2 — Watershed Management Page 5 PRECIPITATION & CONDENSATION (Part of the natural water cycle that recycles our fresh water supplies) BUFFER STRIP (Prevents erosion as well as absorbing and filtering runoff contamination) INFILTRATION & GROUNDWATER RECHARGE GROUNDWATER FLOW (moves very slowly) WATER TREATMENT PLANT WASTEWATER DISCHARGE Page148 Municipality of Clarington Report PDS-024-23 Page 6 2.5 In order to protect the integrity of ecological and hydrological functions of planned development areas and ensure that the cumulative impacts of development are considered, the Clarington Official Plan also supports the preparation of watershed and subwatershed studies (Section 3.5.2). 3.5.2 It is the intent of the Plan that watershed and subwatershed plans will be prepared and/or updated on a priority basis recognizing development pressures, environmental concerns and fiscal constraints. In this regard, the Municipality will work in partnership with the Province, the Region of Durham, Conservation Authorities and other agencies in the preparation of watershed and subwatershed plans. 2.6 The Clarington Official Plan (Section 23.3.10) also requires that watershed and subwatershed studies be prepared and/or updated as part of the Secondary Planning process. 23.3.10 The following background studies and analyses are generally required in support of new Secondary Plans: a) A Subwatershed study including natural heritage, fisheries, hydrogeology, and hazard lands;... 2.7 A Subwatershed Study, similar to a watershed study, provides information about environmental features, such as streams, woodlots and wetlands, and provides recommendations for the protection and enhancement of these features. However, the focus is on a smaller geographic area. A Subwatershed Study is tailored to subwatershed needs and addresses local issues and is triggered either by a particular land use issue, or specific policy requirements. Secondary Plans and Subwatershed Studies 2.8 Secondary Plans form part of the Official Plan. They provide neighbourhood -scale planning for a more detailed analysis of land use and transportation issues, and specific ways to achieve the objectives of the Clarington Official Plan, including meeting density and infill targets. The relationship of a Secondary Plan to the Official Plan is analogous to that of a Subwatershed Study and a Watershed Study, more detailed for a specific geographical area. 2.9 To inform the preparation of a Secondary Plan, supporting studies are required to provide background knowledge and technical recommendations that will influence the developable area of the Secondary Plan, the mix and location for the various land uses, and the design and development parameters. 2.10 Key supporting studies include subwatershed studies, which establish the base environmental parameters for neighbourhood planning. Subwatershed studies focus on Page149 Municipality of Clarington Report PDS-024-23 Page 7 a tributary or area of a watershed. Their findings and recommendations contribute to formulating Official Plan and Secondary Plan policy and provide direction with respect to the requirements that must be considered for approval in the planning process. Subwatershed studies also provide a basis for the design guidance for development. Robinson Creek and Tooley Creek Watershed Areas 2.11 The Robinson Creek and Tooley Creek watersheds are two of the smallest watersheds within the Municipality. They are especially vulnerable to the effects of changing land use and the impact of development as they are situated almost completely within the Courtice Urban Area. 2.12 Four Secondary Plan areas are located within the Robinson Creek and Tooley Creek watersheds (Figure 3). These include: • Southeast Courtice Secondary Plan (complete) • Southwest Courtice Secondary Plan (complete — subject to site -specific appeal) • Courtice Transit Oriented Community Secondary Plan (in progress) • Courtice Waterfront and Energy Park Secondary Plan (in progress) Study Initiation and Scope 2.13 In 2017, the Robinson Creek and Tooley Creek Subwatershed Study (SWS) was initiated. The SWS, similar to Secondary Plans, has a Steering Committee made of Municipal, Region of Durham and CLOCA staff, a Landowner Group Representative, and two landowners. Aquafor Beech Limited was retained to conduct the SWS (COD- 018-17). The Municipality (50%) and the landowners groups in the study area (50%) have financed the SWS study. 2.14 The starting point for this SWS was to complete the project using an environment -first approach. It was conducted in the spirit of a Municipal Class Environmental Assessment and was completed in two stages: Phase 1: Subwatershed Characterization Phase 2/3: Subwatershed Management Strategies and Implementation and Monitoring Plan 2.15 The Robinson Creek and Tooley Creek Subwatershed Study Phase 1 Report (Aquafor Beech Limited, November 2019) inventoried the natural resources which could be potentially impacted by future development and identified preliminary constraints and opportunities to be considered as Secondary Plans within the study area are developed. Page150 Municipality of Clarington Report PDS-024-23 Page 8 aA Robinson and Tooley Subwatershed Study Southeast Courtice Secondary Plan © Southwest Courtice Secondary Plan Courtice Transit Oriented Community Secondary Plan Courtice Waterfront and Energy Park Secondary Plan sf� R�a� �3 Lh r Caurtice Alain Slreei Secondary Plan [Completed] 0. �f r I j r f I+ i r#, I 1 �6orurSkreei � { � � f alr ' i to U3 % PC Darlingl4n Pro4inoiall}ark L 7 L &6 V.Park dadinglon M ueleaa - Generatiq Station Figure 3 — Secondary Plans within the Subwatershed Study Area Page 151 Municipality of Clarington Report PDS-024-23 Page 9 2.16 The Robinson Creek and Tooley Creek Subwatershed StudV Phase 213 Report (Aquafor Beech Limited, March 2023) evaluates various management options based on environmental, social, and economic criteria and presents a recommended subwatershed strategy. 2.17 Attachment 1 to this staff report presents the Sequence of Events regarding the Robinson Creek and Tooley Creek SWS. 3. Public Participation 3.1 Public engagement and consultation were integrated throughout the SWS. All public notices, communications and review periods have been implemented to ensure conformity with the requirements of both the Planning Act and the Municipal Class Environmental Assessment process. 3.2 To facilitate public participation and to provide information, a project webpage (www.clarington.net/RTSubwatershed) was created. All information associated with the project including meeting notices, presentation materials, and staff and consultant's reports are housed on this web page. 3.3 A Steering Committee comprised of Clarington Planning and Infrastructure Services, Region of Durham Planning and Works, and CLOCA staff, a Landowner Group Representative (Delta Urban Inc.), and two study area landowners was formed at the outset of the SWS. Four Steering Committee meetings have taken place throughout the process to gather input on the SWS scope and outcomes, address questions, and discuss concerns. 3.4 Two Public Information Centres (PIC) were held to provide information on the technical study reports and their findings and to collect feedback. PIC #1 was held in person on November 13, 2019. Over 5,000 people were invited to the PIC. This included landowners within the study area, people interested in the project, Council members, and Steering Committee members. Notice of the meeting was also advertised in the Clarington This Week newspaper and on the Municipal website for the two weeks preceding the meeting. Information about the project, the process, and watershed conditions findings was presented. Over 30 people attended the session. Information was well received, and the protection of the natural environment in these two watersheds was supported. 3.5 PIC#2 was held virtually on February 7, 2023. Notice of the PIC was given in the same manner as PIC #1. An additional advertisement was added to the Orono Times newspaper. Approximately 45 people attended this virtual public information centre. Key findings and recommendations from the Phase 2/3 Report were presented in the session, including impacts of land use changes, preferred traditional stormwater Page152 Municipality of Clarington Report PDS-024-23 Page 10 management and low impact development approaches, and recommended studies required in future. PIC#2 also provided the opportunity for the public to discuss questions with the project team. Public feedback on the report was gathered during and following the meeting. 4. Overview of the Subwatershed Study 4.1 The SWS was undertaken in two stages. The objectives of this SWS are summarized below, according to the project phases. 4.2 The Robinson Creek and Tooley Creek Subwatershed Study Phase 1 Report (Aquafor Beech Limited, November 2019) (Phase 1 Report) has investigated and inventoried the existing natural resources that could potentially be impacted by future urban development. It has: • Identified and evaluated the location, extent, significance, and sensitivity of the existing natural features of the study area, together with their potential interrelationship with other natural features; • Identified sensitive areas and natural hazard lands, and recommended buffers and selected preliminary management practices for these lands; and Developed preliminary constraints and opportunities mapping to identify developable and non -developable lands for inclusion in the Secondary Plans within the study area. 4.3 The second phase of the project developed a Management Strategy and is provided in Chapter 7 of the Robinson Creek and Tooley Creek Subwatershed Study Phase 213 Report (Aquafor Beech Limited, March 2023) (Phase 2/3 Report). The Management Strategy considered existing conditions (Phase 1 Report), the proposed land uses, and alternative stormwater strategies, and selected a preferred management approach. The recommended measures include actions to address stormwater management requirements, erosion, protection of the natural heritage system and associated ecological features together with groundwater resources. 4.4 Phase 3 Implementation, Chapter 8 in the Phase 2/3 Report, presents directions to ensure that the SWS findings and recommendations are integrated into the ongoing Secondary Plans. 4.5 The Phase 2/3 Report makes stormwater management recommendations to mitigate the impact of urbanization in the form of source, conveyance and end -of -pipe facilities. It informs the location and design of stormwater facilities contributing to flooding control. Issues to be addressed include water quality, erosion control, groundwater balance and thermal mitigation. Various low -impact development (LID) measures are identified to be Page153 Municipality of Clarington Report PDS-024-23 Page 11 suitable for different land uses to reduce runoff volume and flow rates, ensure the infiltration rates, and decrease the risks of water quality pollution and erosion. 4.6 The SWS also lays the groundwork for future studies that will be required to be completed as part of future Secondary Plans and the development approvals process including: • Environmental Impact Studies (EIS) — EISs are site -level studies to refine or expand upon the SWS findings including field -staking and surveying feature boundaries. They provide detailed information that assists approving agencies in their decision -making. Headwater Drainage Feature (HDF) Assessment — HDFs are typically shallow, seasonal/ephemeral drainage features that are important in maintaining primary and secondary inputs to surface water, groundwater, and/or fish habitat, as applicable. HDF assessments will be required where the study team did not have access to the property during the course of the SWS. It is required as part of the development process. Flood Mitigation Study - The findings of the SWS predicted that future development in the Secondary Plan areas will increase peak flow rates in Tooley Creek during the Regulatory storm event. In addition, there exists two unevaluated spill areas that require further analysis. It was determined that a flood mitigation study was necessary to better define and mitigate future flood impacts on Tooley and Robinson Creeks. TY Lin International Canada Inc. has been retained to undertake the Flood Mitigation Study. The hydrologic and hydraulic modelling updates, including a spills analysis, are nearly complete. A draft report summarizing the results of the modelling updates is anticipated to be completed in the end of the first quarter of 2023. Following the review of the draft modelling and report by CLOCA and Clarington staff, TY Lin will evaluate flood mitigation alternatives and propose a final flood mitigation strategy and provide the final deliverables by the end of the second quarter of 2023. Stormwater and Groundwater Management - While the SWS provides significant information and guidance, additional studies of varying scope and scale (Master Environmental Servicing Plan, Functional Servicing Reports, Stormwater Management Briefs) will be required. 4.7 The relationship between the SWS and its implementation through the Secondary Plans and any subsequent development applications is shown in Figure 4- Page 154 Municipality of Clarington Report PDS-024-23 Official • Subwatershed Study Plan Secondary • Flood Mitigation Study Plan • Master Drainage Plan • HDF Development • EIS Application • Functional Servicing Report Figure 4 - Policy and SWS relationship and process Page 12 4.8 The SWS has been prepared in alignment with the Clarington Official Plan, 2018, CLOCA's Technical Guidelines for Stormwater Management Submissions (2020), and the (Draft) Low Impact Development Stormwater Management Guidance Manual, 2022 (Province of Ontario, ERO Posting 019-4971, which is the update to the Stormwater Management Planning and Design Manual (Province of Ontario, 2003). 5. Comments Received 5.1 Staff received comments from agencies, landowners, and the public throughout the SWS. A summary of comments received on the final draft Phase 2/3 Report is provided in Attachment 2. The comment table provides a summary of comment/request received and a response is provided. 5.2 Aquafor Beech Limited and staff, in consultation with CLOCA, have reviewed the various submissions received and determined that a number of the requested modifications to the Phase 2/3 Report were appropriate as they provided clarity. In these cases, the response outlines how/where the modification was made in the Phase 2/3 Report. Regarding the site -specific requests for modifications to the mapping, no modifications were made as the Phase 2/3 Report has clearly identified that site -specific studies may be completed to refine/update the SWS findings as part of the development approvals process. 5.3 Staff note that not all requests for modifications were deemed necessary. In these cases, explanations were provided as to why. As explained previously, the Phase 2/3 Page155 Municipality of Clarington Page 13 Report PDS-024-23 Report has identified that site -specific studies may be completed to further refine the SWS findings. 5.4 Staff also received comments in response to the Phase 2/3 Report that will be addressed through other means, such as direct correspondence, or referred to the area Secondary Plan to be addressed. 6. The Subwatershed Study and Secondary Plans 6.1 The land use plans for the four Secondary Plans located within the study area (approved and being developed) used the Phase 1 Report constraint mapping as a base to delineate the Environmental Protection Areas. 6.2 The SWS policy recommendations focusing on sustainability, linkages, LIDs, headwater drainage and stormwater management have already been incorporated in both the Southeast Courtice and Southwest Courtice Secondary Plans. The Secondary Plan policies make reference to the SWS and advise that the recommendations will need to be addressed as part of any site -specific studies. Both of these Secondary Plans have been adopted by Council, approved by the Region, and endorsed by their respective landowner groups. 6.3 An example policy excerpt from the Southeast Courtice Secondary Plan: 6.2.2 In addition to policy 6.2.1, the Robinson Creek and Tooley Creek Subwatershed Study (Subwatershed Study) shall form the basis for any study undertaken regarding the natural heritage system. More detailed studies may refine on a site -by -site basis the recommendations from the Subwatershed Study however the study must address the matters raised by the Subwatershed Study including linkages. 6.4 As provided for in the SWS and the Secondary Plan policy, the development approvals process will provide additional opportunities for the implementation of the SWS recommendations including site -specific studies. 6.5 For the Clarington Transit Oriented Community (CTOC) Secondary Plan, in conformity with recommendations of the SWS, a Master Environmental Servicing Plan/Master Drainage Plan (MESP/MDP) will be prepared. The MESP/MDP is an appropriate recommendation as the SWS did not have the detailed land uses (they are still under development) for this area and therefore could not be modelled as comprehensively as the other Secondary Plans. 7. Financial Considerations 7.1 Not Applicable Page156 Municipality of Clarington Report PDS-024-23 8. Conclusion and Next Step Page 14 8.1 The purpose of this report is to advise Council on the completion of the Robinson Creek and Tooley Creek SWS. Subwatershed management is intended to augment the land use planning process and provide for sound management of environmental conditions and natural resources. The information and recommendations of the SWS will continue to inform Secondary Plan policy and future development approvals. 8.2 It is respectfully recommended that Council receive the staff report and that the Robinson Creek and Tooley Creek SWS (Phase 1 and Phase 2/3) continue to inform the preparation of Secondary Plans and guide subsequent development approvals. Staff Contact: Lisa Backus, Manager, Community Planning, 905-623-3379 ext 2413 or Ibackus(o)_clarington.net; Karen Richardson, Manager, Development Engineering, 905-623- 3379 ext 2327 or krichardsonCa)..clarington.net. Attachments: Attachment 1 — Sequence of Events Attachment 2 — Summary of Comments and Responses Interested Parties: List of Interested Parties available from Department. Page157 Attachment 1 to Report PDS-024-23 Sequence of Events Summary Date Event October 2017 Council authorization to initiate November 2017 Award the contract to Aquafor Beech Limited December 2017 Execution of agreements February 2018 Project Kick-off Meeting April 2018 Steering Committee Meeting #1 February 2018 Circulation of requests to access private property September 2018 Steering Committee Meeting #2 December 2018 Phase 1 (Existing Conditions) Report — early draft to staff January 2019 Phase 1 Report (Draft) released to Steering Committee July 2019 Revised Phase 1 Report (Draft) released to Steering Committee October 2019 Steering Committee Meeting #3 November 2019 Phase 1 Report (Draft) — public release November 2019 Public Information Centre #1 June 2020 Southeast and Southwest Courtice Secondary Plans — Statutory Public Meetings November 2020 Phase 2/3 Report (Draft) — early draft to staff December 2020 Southeast Courtice Secondary Plan - Council Adoption May 2021 Southwest Courtice Secondary Plan - Council Adoption May 2021 Phase 2/3 Report (Draft) released to Steering Committee 2021-2022 SWS Computer Modelling — Consultant, CLOCA and staff November 2022 Revised Phase 2/3 Report released to Steering Committee Fall 2022 Initiation of Flood Mitigation Study SWS Computer Modelling released to Steering Committee January 2023 Steering Committee Meeting #4 Phase 2/3 Report (Draft) — public release February 2023 Public Information Centre #2 March 2023 Final Phase 2/3 Report Final SWS Staff Report to Planning & Development Committee Page158 Attachment 2 to Report PDS-024-23 Robinson Creek and Tooley Creek Subwatershed Study Phase 2 and 3 Report (Aquafor Beech Limited, November 2022) Summary of Comments and Responses March 15, 2023 Submission Details of Submission Aquafor Beech Limited (Aquafor) Response Agency: Region of Section 1.1.3 — Request to remove reference to This sentence was previously removed. Durham (Heather historical Courtice Urban Area boundary expansion Finlay), Jan. 15, request, which is no longer applicable. 2023 Concern that the Courtice Transit Oriented As discussed in Section 4.1.2, Aquafor used the land Community (CTOC) Secondary Plan was not taken use that was available in 2020, acknowledging that in into account. subsequent years, there have been changes to the approved land use in the CTOC Secondary Plan. In recognition of these land use changes, Section 8.4 requires updates to the model based on these updated land uses. The report has been updated to clarify that this bullet point applies to all future studies. Figure 4.3 concern — Section 4.1.2 identifies the date See response above. Cross-reference to Section 8.4 of the map which is different from the approved added in Section 4.1.2 to address future revisions to land use map for the Southwest Courtice and the land use mapping. Southeast Courtice Secondary Plans. Figure 6.3 - Request for clarification on whether the The land uses presented in Figure 4.3 were used to analysis for the updated flood lines took into develop the future conditions floodlines. Existing consideration the 'full build out' shown on Figure conditions floodlines were developed using the 2018 4.3. land uses. Per Section 8.4.2, modeling and mapping Page 159 Attachment 2 to Report PDS-024-23 Submission Details of Submission Aquafor Beech Limited (Aquafor) Response will need to be updated to account for changes in the proposed land use since 2020. Agency: Durham Provided information regarding the Region's The Subwatershed Study (SWS) doesn't provide Region Police NextGen radio system, associated microwave links, guidance for building height. No revisions required. Services (Renny and first response in -building radio coverage, and Recommend the Municipality refer the submission to Boodoo), Jan. 26, the potential for obstructions where buildings in the the various Courtice Area Secondary Plan projects. 2023 vicinity of this network exceeds 3 storeys. Agency: Central Reiterated several past comments that are to be These comments were previously provided. As they Lake Ontario addressed through the separate Flood Mitigation relate to the specific scope of the Flood Mitigation Conservation Study or through future development applications. Study and for future development applications, no Authority (Doris revisions made. Cheng), Jan. 31, 2023 Section 7.1.1— Request revision to provide flexibility To avoid accumulation of effects from upstream in the comparison of pre- to post- stormwater flows developments, post- to pre- flows should be at key nodes. compared at key flow nodes. No revisions made. Public: Jonathan Concern raised regarding a discrepancy between the These comments relate to the base flood plain Bagg, Feb. 17, 2023 proposed Robinson Creek 100 year, no storage, mapping for the Study, prepared by Central Lake flood plain map in Figure 6.7 and the 100 year, no Ontario Conservation Authority (CLOCA). Aquafor storge, flood level on the north side of the CPR recommends the comments be referred to CLOCA railway in Figure 6.5 and that the flood plain has and addressed as part of the separate Flood Control been over -estimated. Study. In addition, it has always been the intention (as stated in the SWS) that site -specific studies will need to be completed, which may refine or update the SWS findings. Page160 Attachment 2 to Report PDS-024-23 Submission Details of Submission Aquafor Beech Limited (Aquafor) Response Landowner: Bill Objection to the study on the basis that site -specific It has always been the intention (as stated in the and Lesli-Anne Environmental Impact Study completed by the SWS) that site -specific studies will need to be Bagg, Feb. 17, 2023 landowner has not been incorporated. completed, which may refine or update the SWS findings.No revisions made. Landowner: Concern raised that the natural heritage limits The top of bank line for the definition of valleylands GeoProcess (Devin outlined in the SWS for the property are not provided by CLOCA. Review and approval of the Hock on behalf of accurate. Adjustment of the Natural Heritage proposed, refined version based on site -specific the property owner System limit requested based on site -specific study review is at the discretion of CLOCA. Any revised of 1421 work completed by the landowner. natural heritage line would need to take into account Prestonvale Road), any other natural heritage or hazard features that are Feb. 17, 2023 present on the property, to the satisfaction of the Municipality and CLOCA. Aquafor's natural heritage system mapping and constraints for the SWS were established in Phase 1 (2019), and it was always the intention for site - specific studies to be completed to refine/update the SWS findings. No revisions made. Landowner: Provided comments on the review of the SWS in the The SWS sets out the requirements to be followed for Weston Consulting context of the subject property as it relates to water quality, quantity, erosion control, and water (Marc Mitantis on stormwater management strategies, flood control balance. These requirements will need to be followed behalf of the considerations, and natural heritage features and for future applications. property owner of development constraints. Outlined how the SWS Note that some modifications were made to the 113 Down Road), will inform a future development approval process Secondary Plan land uses and boundaries after the Feb. 17, 2023 for the lands and requested confirmations regarding Visual OTTHYMO model was developed. When the how site -specific study (completed to date and model is used for future studies (subwatershed-level future) relates to the outcomes of the SWS. Page 161 Attachment 2 to Report PDS-024-23 Submission Details of Submission Aquafor Beech Limited (Aquafor) Response Figure 6.3 — Concern that depiction of the entirety or site -specific level) it should therefore be updated of the subject lands as a flooded property is to account for these changes. inaccurate and could be misconstrued as a Aquafor agrees that the entirety of the properties determination of site -specific flood hazard, which aren't impacted by the floodplain, however, this would be defined as part of the future Flood Control figure does provide a useful guide to identify whether Study and future detailed site -specific study. a certain parcel will need to consider issues of Figure 6.3 and 6.4 — Request revision to include a flooding. Figure 6.3 and 6.4 updated to include note notation that the regulatory future uncontrolled "Future floodlines are subject to future study". Figure floodlines are subject to further study in accordance 6.4 updated legend to clarify that yellow hatching with Section 8.4 — Future Studies of the represents "Parcel Intersecting Floodline." Subwatershed Study. The feature in question is shown as a watercourse in Comments provided on existing natural conditions existing mapping layers. On -site natural heritage based on site -specific study completed by the assessment was not completed for the SWS at this landowners in 2019 and 2020. Requested an area location due to a lack of property access permission, of the subject lands (depression west of Tooley and analysis for the natural heritage system was Creek) be revised from a "high constraint" to a "low therefore based on background information. or moderate constraint" based on the results of this Regarding comments from GHD: On -site natural site -specific study work. heritage assessment was not completed for the SWS The submission also included comments from other at this location due to a lack of property access consultants retained by the landowner, as follows: permission, and analysis for the NHS was therefore GHD (Katherine Ryan), Feb. 17, 2023: Identifies based on background information. Aquafor is unable discrepancies between the findings of the Robinson to comment directly on any potential discrepancies Creek and Tooley Creek Subwatershed Study and between the background data and GHD's findings. It the Natural Environment Existing Conditions Report was always the intention for site -specific studies to completed by GHD in December 2020. The main be completed to refine/update the SWS findings. No items include lack of unevaluated wetland pockets, revisions made. Page162 Attachment 2 to Report PDS-024-23 Submission Details of Submission Aquafor Beech Limited (Aquafor) Response the classification of woodlands as crop areas and the omission of the central eastern Swale (HZ05). D.G. Biddle & Associates (Robbie Larocque), Feb. 17, 2023: provided comments in relation to the Functional Servicing and Stormwater Management Report completed in October 2020 for the Subject Lands, noting additional components in the SWS that were not addressed in the 2020 study work. Landowner: Disagree with the drainage area identified at the Please refer to text in Section 4 which refers to the Tribute northeast corner of Bloor St. and Trulls Rd., citing drainage area delineation. Communities site -specific study work and work by CLOCA which Note added to Figure 6.1: "Subwatershed boundary (Louise Foster), demonstrate a different drainage pattern. Request delineation and diversions to be confirmed Jan. 25, 2023 that the SWS be revised to reflect the existing MESP/MDP or Functional Servicing Report and must drainage patterns demonstrated through the be approved by CLOCA. additional study work. Request clarification in relation to flood control, During the Regulatory storm, it must be assumed questioning why uncontrolled post -development that all stormwater management (SWM) facilities are flow is being considered when developments are non-functional. For this reason, Aquafor had to assess putting in LIDS and ponds specifically to control uncontrolled flows. This is a risk -mitigation measure storm flows. to minimize risks associated with extreme flooding events, and is standard practice throughout Ontario. SWM facilities can only be assumed to function during the Regulatory event if they are designed to comply with the Lakes and Rivers Improvement Act (LRIA) standards for small dams. Request clarification that development will be not Culvert sizing is being investigated as part of the delayed considering the downstream infrastructure Flood Control Study. The Municipality of Clarington Page163 Attachment 2 to Report PDS-024-23 Submission Details of Submission Aquafor Beech Limited (Aquafor) Response upgrades contemplated in Section 6.2.1.3 of the and CLOCA should provide direction regarding SWS Phase 2/3 Report. whether development can proceed. Section 6.8.1.2 (pg. 66) — Requested clarification A sensitivity analysis could include running an regarding the reference to a sensitivity analysis additional model scenario (using the climate change recommended during the design of stormwater IDF) in the design of a SWM facility to determine infrastructure — what is required and how is it what the downstream impacts could be in a climate implemented? Request that this requirement be change situation. removed due to a likely lack of data / technical Report revised to indicate that "This sensitivity expertise. analysis is recommended, but not required, by the SWS. This recommendation may be implemented at the Municipality's discretion." Section 7.1.5 — Request revision to acknowledge The SWS sets out the stormwater management that there may be circumstances where dry ponds approach for all new developments within Robinson are not required and indicate that there are no Creek and Tooley Creek subwatersheds. obligations on owners to implement dry ponds. Development applications will need to comply with the approach outlined in the SWS. Water quality treatment, erosion control, water balance, and thermal mitigation will all be provided by LID features throughout the catchment, while flood control will be provided by dry ponds. Only if it is deemed technically infeasible by constraints outside of the control of the landowner, will wet ponds be allowed instead of dry ponds. Technical constraints can include: shallow groundwater, shallow bedrock, expanding clays, etc. Technical constraints do not include factors which can be mitigated by changing the site design. Page164 Attachment 2 to Report PDS-024-23 Submission Details of Submission Aquafor Beech Limited (Aquafor) Response No changes made. Section 7.2.2 — Request removal of the The recommendation for increased VPZ around part recommended 30 metre vegetation protection zone of the woodlot located east of Trulls Rd. and south of (VPZ) for the lands east of Trulls Rd. and south of Bloor St. was made due to the presence of amphibian Bloor St. on the basis that the lands will have a breeding habitat/vernal pools; this rationale was detailed Environmental Impact Study completed discussed in the Phase 1 SWS report. The and will follow the Clarington Official Plan. Request Municipality of Clarington requested the SWS make clarification why this area was specifically identified. preliminary recommendations for VPZs in the study area, to be further assessed in a future EIS, so recommendations were thus provided. No changes made. Section 8.4.2 — Request confirmation that the Per previous Municipality direction, Aquafor has required future Master Environmental Servicing revised the MDP section to clarify that this study only Plan / Master Drainage Plan is only applicable to needs to be completed for CTOC/CEL. CTOC Secondary Plan area on the basis that this has already been completed for the Southeast Courtice and Southwest Courtice Secondary Plan areas. Proposed revised wording provided. Page165 Meeting No. Date 3/27/2023 Item No. 7.4.1 Planning and Development Committee Reports/Correspondence Related to Presentations/Delegations 1. Subject: Correspondence from Ryan Guetter and Marc Mitanis, Weston Consulting, regarding PDS-024-23, Robinson Creek and Tooley Creek Subwatershed Study 2. Initiated By: 3. Referred By: 4. Decision Required: 5. Documents attached: - Planning and Development Committee - PDS-024-23 Robinson Creek and Tooley Creek Subwatershed Study - Courtice Waterfront.pdf Page166 WESTON GOP961JU ING The Municipality of Clarington Planning and Development Services Department 40 Temperance Street Bowmanville, ON L 1 C 3A6 Attn: Members of the Planning and Development Committee Re: Robinson Creek and Tooley Creek Subwatershed Study 113 Down Road, "Courtice Waterfront" Municipality of Clarington, Ontario March 27, 2023 File 9365 Weston Consulting is the authorized planning consultant for 1725596 Ontario Limited, the registered owner of the lands municipally known as 113 Down Road and legally described as PT LT 31 CON BROKEN FRONT DARLINGTON PT 1 in the Municipality of Clarington ("MOC"), herein referred to as the "Subject Lands". This Letter is being submitted in response to the Report PDS-024-23, which recommends that the Robinson Creek and Tooley Creek Subwatershed Study be adopted in principle, and its recommendations be implemented through ongoing Secondary Plan processes and subsequent development approvals. The Subject Lands are located within the Robinson Creek and Tooley Creek Subwatershed Study Area, and are specifically located along the waterfront south of Highway 401, east of Darlington Provincial Park and west of the Clarington Energy Business Park. These lands also form a significant portion of the Courtice Waterfront Study Area ("CW Study Area"), which together with the Energy Park lands to the east, constitute the expanded Courtice Waterfront and Energy Park Secondary Plan Update Area. The Subject Lands are located south of the planned Courtice GO Station and future transit -oriented community, which is undergoing a separate secondary plan process known as the Courtice Transit Oriented Community Secondary Plan. Revisions to the Robinson Creek and Tooley Creek Subwatershed Study On February 17, 2023, Weston Consulting submitted a Letter in response to the release of Phases 2 and 3 of the Subwatershed Study as it relates to the Subject Lands. In consultation with the Central Lake Ontario Conservation Authority (CLOCA), the Municipality of Clarington and Aquafor Beech Limited amended the Subwatershed Study in response to various comments received from agencies, landowners, and the public throughout the process. A comment table provides a summary of the comments received and a response to each. We appreciate that Aquafor Beech Limited, the Municipality of Clarington, and CLOCA substantially addressed our comments and requested revisions. We would particularly like to acknowledge revisions to Figures 6.3 and Figure 6.4, which were both amended to include a note clarifying that the future floodlines depicted are subject to future study, including a Flood Control Study for Tooley Creek and site -specific technical studies which would recommend appropriate stormwater management strategies to minimize flooding risk. We also acknowledge the additional amendment to Figure 6.4, which revises the label for the yellow hatched areas from "Flooded Parcels" to "Parcel Intersecting Floodlines." We appreciate the clarification in the comment table which indicates that the yellow hatching identifies whether a certain parcel will need to consider issues of flooding, as we had expressed concern that the "Flooded Parcel" label could be misconstrued as a determination of site -specific flood hazard on the entirety of the property. VAUGHAN OFFICE 201 Mi I lway Avenue, Suite 19, Vaughan, Ontario, L4K 5 89``'r% . 3 .8080 westonconsulting.com Page 1 of 4 TORONTO OFFICE 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 WESTON GOP961JU ING Natural Heritage Features and Development Constraints In relation to the unnamed tributary on the Subject Lands, the Study identifies a feature meeting the criteria for inclusion within the Natural Heritage System and is identified as a `high' constraint to development in Figure 7.7. We understand that further site -specific technical studies are required to confirm the presence or absence of natural heritage features on the Subject Lands. In the comments table, Aquafor Beech Limited state that an on -site natural heritage assessment on the Subject Lands was not completed for the Study due to a lack of property access permission, and that the analysis for the natural heritage system was therefore based on background information. Despite Aquafor Beech's comment that no further revisions are to be made to the mapping, we wish to confirm our understanding that future studies will be relied upon to confirm the presence or absence of features and their boundaries, as may apply in this case. And furthermore, if detailed studies determine the unnamed tributary is not a feature or can be mitigated, it would not represent a development constraint. As stated in Section 8.4.3 of the Study, an Environmental Impact Study is an appropriate tool to identify and evaluate the function of natural heritage features, and to identify mitigating measures to address the potential adverse effects of development on identified natural heritage features: "As this SWS is a landscape -level study, it is appropriate to complete site -level studies moving forward to: refine or expand upon the current findings (e.g., by field -staking and surveying feature boundaries); address features which require additional assessment (such as those included in the Moderate constraint category, discussed in Section 7.3, or those present on properties for which site access permission was not granted for this SWS); and ensure that up-to-date information is available to assist approving agencies in their decision - making. " Based on Section 8.4.3 of the Subwatershed Study, the scope of an Environmental Impact Study would include confirmation/refinement of natural heritage feature boundaries and their presence or absence as part of further planning applications. Conclusion In summary, we appreciate the revisions to the Subwatershed Study which provide clarity with respect to future floodlines impacting the Subject Lands, and we understand that additional floodplain analysis is required within the Subwatershed and on a site -specific basis. We reiterate that as a landscape -level study, the Subwatershed Study in and of itself will not be a determinative factor in evaluating the functions of site -specific natural heritage features, but rather, informs the approach to further site - level studies to determine features. We appreciate the opportunity to provide comments in relation to the Subwatershed Study and encourage you to contact the undersigned at ext. 241 or Marc Mitanis at ext. 350 should you have any questions or comments regarding this Letter. VAUGHAN OFFICE 201 Mi I lway Avenue, Suite 19, Vaughan, Ontario, L4K 5 89qU. 3 .8080 westonconsulting.com Page 2 of 4 TORONTO OFFICE 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 WESTON GOP961JU ING Yours truly, Weston Consulting Per: cz; ; /- Ryan Guetter, BES, MCIP, RPP Executive Vice President C. Amy Burke, Municipality of Clarington Carlos Salazar, Municipality of Clarington Lisa Backus, Municipality of Clarington 1725596 Ontario Limited Enclosed: Appendix 1: Robinson Creek and Tooley Creek Subwatershed Study - Figures 6.3, 6.4 and 7.7 VAUGHAN OFFICE 201 Millway Avenue, Suite 19, Vaughan, Ontario, L4K 5 8 qqU. 3 .8080 westonconsulting.com Page 3 of 4 TORONTO OFFICE 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 WESTON GOivSuLi ING Appendix 1: Robinson Creek and Tooley Creek Subwatershed Study - Figures 6.3, 6.4 and 7.7 VAUGHAN OFFICE 201 Mi I lway Avenue, Suite 19, Vaughan, Ontario, L4K 5 8 qq% . 3 .8080 westonconsulting.com Page 4 of 4 TORONTO OFFICE 268 Berkeley Street, Toronto, Ontario, M5A 2X5 I T. 416.640.9917 1.800.363.3558 F. 905.738.9937 r Regional Highway ('� Re ;.... .. 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Legend River Reaches Robinson 100-yr Future Uncontrolled Floodline* - Tooley Regulatory Future Uncontrolled Floodline* CLCCA Existing Regulatory Floodline 0 Property Parcel Subcatchments Subwatershed I r '"Future floodlines are subject to future study Figure 6.3 M Existing CLQCA Floodplain and Future Uncontrolled - Regulatory Floodlines in Robinson and Tooley Creeks Energy Dr z. 0 0.5 1 N Kilometers Projection: UTM_Zone-17N Datum: NAD_83 / CGVD28 r Date: March 2023 Source: Municipality of Clarington Aquafor Beech Maxar timiled Regional Highwa_ Y; :. I Flaghw ay x� l N :ol :5trathailan Dr CO e U13 Sarrdringfiani pr U8 sus L e U12 U 1 SEC-P2 .U6 - d SEC-P4 U7 U7 li r "row U9;� SEC-P3 I b{ � I GlernadU10 �6,,w9lad`e,Rd US e1� SEC-P9 SEC- 1 Bl xr sr E F SEC=P5 U4,.. — 4 -• Bloor St — 6 SEC -PS SEC -PI W4 Grandview N U3 SEC -PS F- Ufi -- m SEC P7 Safielid Ave Q U2i CEL-P2r CEL-P5 s CO W2 U1 — —i CEL P5 — T SWC o W3 `W 1. SWC-P2 L5 CEL-P4 ;= W 2 Na, us SWC-P CEL-P1� T L4 11 SWC- 407 _ a �. I � CEL-P3 Baseline Rd L-2 U4 HWY 401 U3 \ 'u2 # W1 Energy Dr z Li _ L2 _1 Page 172 Legend River Reaches Robinson 104-yr Future Uncontrolled Floodline* Tooley Regulatory Future Uncontrolled Floodline* CLOCA Existing Regulatory Floodline 7pl� — "�— 0 Property Parcel Subcatchments Subwatershed SWM F Parcel Intersecting Floodlines �- *Future floodlines are subject to future study Figure 6.4 Properties Intersecting Future Floodplain �Energy_pr z. 0 0.5 1 N Kilometers Projection: UTM-Zone_17N Datum: NAD_83 / CGVD28 r Date: March 2023 Source: Municipality of Clarington Aquafor Beech Maxar Limited Ir Til t I 1 Iji NO IN x i•• : • .: a �. a •1` 1 � � ` � 9. �� 1 f_ {Tt F �� _ _ a; 5 I.N._ rr 11. t �;:_ ti :'% lei Apr, r9 9IN Im IN % r .41 1' r V ti v'� IN - R.. •,}' �'v{_: r � � r • f yr' � • •Y ' IN -� -ter - • s •-- 1 - - IN I yl YIN Y +1 . N. A — } NNN IN 16 1 I _ we 1 + V.. - - -IN. % '•".vU __ 4 _ _ p ' Darlington i ••� ti v IN. ProvincialIN { • _ _ �p :a Q6 J •_IN- - % ' 1 Planning and Development Committee Staff Reports and Staff Memos 1. Subject: Meeting No. Date 3/27/2023 Item No. 9.1 PDS-019-23 Port of Newcastle Phase 2, Stage 3, Certificate of Acceptance and Assumption By -Law, and Final and Other Related Works 2. Initiated By: Development 3. Referred By: Tony Ricciardi, Jarrod Finlay, Carlos Salazar, Karen Richardson, Annette Van Dyk 4. Decision Required: 5. Documents attached: E,9Z•ailILei rare rem. - Attachment 1 to Report PDS-019-23.pdf Page174 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 27, 2023 Report Number: PDS-019-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: 18T-96013 By-law Number: Report Subject: Port of Newcastle Phase 2, Stage 3, Certificate of Acceptance and Assumption By -Law, and Final and Other Related Works Recommendations: 1. That Report PDS-019-23 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-2373; 3. That the draft By-law (Attachment 1), assuming certain streets ad block within Plan 40M-2373 (Attachment 1), be approved; and 4. That all interested parties listed in Report PDS-019-23 and any delegations be advised of Council's decision. Page175 Municipality of Clarington Report PDS-019-23 Report Overview Page 2 This report concerns Port of Newcastle Phase 2, Stage 3. It requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by- law to assume certain streets within Plan 40M-2373 as public highways. 1. Background The Subdivision Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement registered October 10, 2007, with 1138337 Ontario Inc., CCCC Durham West Ltd., and Port of Newcastle Harbourview Ltd., to develop lands by land of subdivision, located in Courtice and described as Plan 40M-2373 (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 a subsequent 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 September 1, 2017. This initiated a one (1) year maintenance period, which expired on September 1, 2018. The Works were re -inspected at that time, and although the developer experienced delays in completing repairs, all deficiencies have now been rectified to the satisfaction of the Director of Planning and Infrastructure Services. Page176 Municipality of Clarington Report PDS-019-23 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-2373 as public highways (Attachment 2). 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, Shipway Avenue, Milligan Street, Keating Drive, Donaldson Drive, Lakebreeze Drive, and Toronto Street will be added to our asset register and included in asset management planning. 3.2 The operation costs including winter control will be included in the Municipality's operating budget. 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 finals stage roads and other related Works constructed within Plan 40M-2373, and that Council approve the by-law attached to Report PDS-NNN-23 assuming certain streets within Plan 40M-2373 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 Report Interested Parties: Page177 Municipality of Clarington Report PDS-019-23 The following interested parties will be notified of Council's decision: William Daniel, 1138837 Ontario Inc. William Daniel, CCCC Durham West Ltd. William Daniel, Port of Newcastle Harbourview Ltd. Page 4 Page178 Attachment 1 to Report PDS-NNN-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-2373, 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: 2. That the streets and blocks shown on Plan 40M-2373, 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: Shipway Avenue Milligan Street Keating Drive Donaldson Drive Lakebreeze Drive Toronto Street Block 77 Passed in Open Council this XX day of MMMM, 2023. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page179 Block 77 Port of Newcastle Subdivision Phase I2, Stage 3 Plan 40M-2373 Cn 0 c 0 L 0 C.N.R. Milligan St. Cn Cn 2 syi„ Lake Ontario NEWCASTLE 1 84CEY MAP J:\Engineerina\Attachm Planning and Development Committee Staff Reports and Staff Memos 1. Subject: Meeting No. Date 3/27/2023 Item No. 9.2 PDS-020-23 Rezoning to Permit 8 Single Detached Dwellings and 74 Condominium Townhouse Units at the Southwest Corner of Hancock Road and Nash Road in Courtice 2. Initiated By: Development Review 3. Referred By: Tracey Webster, Cindy Strike, Cindy Hammer 4. Decision Required: 5. Documents attached: - PDS-020-23.docx - Attachment 1 to Report PDS-020-23.docx - Attachment 2 to Report PDS-020-23.docx - Attachment 3 to Report PDS-020-23.docx - Attachment 4 to Report PDS-020-23.docx - Attachment 5 to Report PDS-020-23.docx - Attachment 6 to Report PDS-020-23.docx Page 181 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 27, 2023 Report Number: PDS-020-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: ZBA2018-0024 (x.ref S-C-2018-0004) By-law Number: Report Subject: Rezoning to permit 8 single detached dwellings and 74 condominium townhouse units at the southwest corner of Hancock Road and Nash Road in Courtice. Recommendations: 1. That Report PDS-020-23 and any related delegations or communication items, be received; 2. That the Zoning By-law Amendment application submitted by Nash Developments Limited (Marlin Spring) be approved and the draft By-law in Attachment 1 to Report PDS-020-23 be passed; 3. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol and conditions of draft approval are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 4. That no further Public Meeting be required for the future Condominium. 5. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 020-23 and Council's decision; and 6. That all interested parties listed in Report PDS-020-23 and any delegations be advised of Council's decision Page182 Municipality of Clarington Report PDS-020-23 Report Overview Page 2 The purpose of this report is to recommend approval of the Zoning By-law Amendment submitted by Nash Developments Limited (Marlin Spring) to permit 8 single detached dwellings and 74 condominium townhouse units. The condominium includes amenity space (park), and visitor parking spaces. This application is related to proposed draft Plan of Subdivision application S-C-2018-0004. Approvals of plans of subdivisions are delegated to the Director of Planning and Infrastructure Services. 1. Application Details 1.1 Owner/Applicant: 1.2 1.3 Area: 1.4 Location: 1.5 Within the Built Boundary 2. Background Nash Developments Limited (Marling Spring) Zoning By-law Amendment To rezone the subject lands from "Holding — Urban Residential Type One ((H)R1) Zone" to an appropriate zone that would permit the proposed single detached dwellings and townhouse dwelling units. 2 Hectares Yes 2.1 In September 2018 BV Courtice Partners LP (Trolleybus Urban Development Inc.) submitted Draft Plan of Subdivision and Zoning By-law Amendment applications. Staff identified several concerns with the application upon submission which was revised in April 2020 to propose 78 townhouse units: 33 townhouse units were dual frontage and 45 were standard townhouse units. A public meeting was held on June 29, 2020. 2.2 In January 2022, the subject lands and responsibility for the applications were transferred to Nash Developments Limited (Marlin Springs). 2.3 Since 2020, staff have been working with the former and current applicants, departments, and agencies to refine the proposal through additional submissions. The revised plan shown in Figure 1 would permit 8 single detached dwellings fronting Hancock Road and a block for 74 condominium townhouses. Page183 Municipality of Clarington Page 3 Report PDS-020-23 Figure 1: Subdivision Layout for S-C-2018-0004 2.4 The subject lands are located within the Hancock Neighbourhood Design Plan. It was originally approved by Council in September 1998. The neighbourhood plan was amended in April 2013 (see Attachment 2). Within the vicinity of the proposal, the Page184 Municipality of Clarington Page 4 Report PDS-020-23 amendment relocated a Separate School site to Nash Road and replaced single detached lots with a medium density block at the southwest corner of Nash Road and Hancock Road. 2.5 Since the Hancock Neighbourhood Design Plan was updated in 2013, there have been four developments approved in the Hancock Neighbourhood, and another development application submitted on surrounding lands (see Attachment 3). The approvals and submitted plans have met the intent of the 2013 Council approved neighbourhood design plan. 2.6 As part of the application requirements staff requested the applicants provide a concept plan for how the remainder of the neighbourhood could develop in conjunction with their proposal. The applicants have submitted a concept plan that is discussed further in Section 11 of this report (see Attachment 4). 2.7 On January 23, 2023, Council approved application ZBA2022-0024 on the subject property to permit a mobile temporary sales office for 3 years. Incorporating this recent approval is discussed in Section 6. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands consist of two parcels at the south-west corner of Hancock Road and Nash Road. Both parcels were occupied by single detached dwellings and accessory buildings that were recently demolished. Both properties include groupings of mature trees. 3.2 The surrounding uses are as follows: North: Single detached dwellings. Some of the lands are subject to Draft Approved Plan of Subdivision S-C-2018-0003 approved in December 2022. South: Single detached dwelling and the Black Creek. East: Single detached dwellings, Highway 418, and agricultural uses on the north side of Nash Road. West: Agricultural field and single detached dwellings. Page185 Municipality of Clarington Report PDS-020-23 4. Provincial Policy Provincial Policy Statement (PPS) Page 5 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure. 4.2 Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction, and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. 4.3 The proposal conforms with the PPS. 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 space and easy access to local stores and services. 4.5 The subject lands are within the defined Built Boundary and within the Urban Boundary of Courtice. Growth is to be accommodated by directing a significant portion of new growth to the built-up areas through intensification and efficient use of existing services and infrastructure. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built-up area. 4.6 The proposal conforms with the Provincial Growth Plan. 5. Official Plans Durham Regional Official Plan Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject lands as Living Areas. Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes, and tenure to provide living accommodations that address various socio-economic factors. Living Areas shall provide a full range of housing options at higher densities by intensifying and redeveloping existing areas, particularly adjacent to arterial roads. 5.2 Nash Road is a Type B Arterial Road in the Region's Official Plan. Page186 Municipality of Clarington Page 6 Report PDS-020-23 5.3 The proposal conforms with the Region of Durham Official Plan. Clarington Official Plan 5.4 The Clarington Official Plan designates the subject lands Urban Residential. The Urban Residential designation is predominately intended for housing purposes. A variety of densities, tenure and housing types are encouraged, generally up to 3 stories in height. 5.5 Nash Road is a Type B Arterial Road. Both Hancock Road and Moyse Drive are collector roads within the Clarington Official Plan. 5.7 The subject lands are within the Lake Iroquois Beach. In addition, there are natural heritage features associated with the Black Creek to the south of the subject lands. The natural heritage features are designated Environmental Protection Area. 5.8 An Environmental Impact Study was required to assess the natural heritage features associated with the Black Creek, to the south of the subject lands. The Environmental Impact Study determines the appropriate development limits of the subject lands and lands to the south, informing potential impacts on the future extension of Moyse Drive and the development potential of the lands to the south should they be proposed for development in the future. 5.8 The proposal conforms with the Clarington Official Plan and the Hancock Neighbourhood Design Plan. Hancock Neighbourhood Design Plan 5.7 Within the Hancock Neighbourhood Design Plan the subject lands are identified mainly as medium density with a portion of a school block, a new north -south public road, the extension of Moyse Drive and some 10m single detached dwellings south of the school block. Black Creek is located south of the subject lands adjacent to the extension of Moyse Drive (See Attachment 2). 5.8 The Separate School Board have advised staff that they do not plan to use the identified lands for a future school. Staff worked with the applicant to provide a concept plan for how the remainder of the school block can be developed in the future to integrate with the existing Hancock Neighbourhood Plan (see Attachment 4). 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Holding — Urban Residential Type One ((H)R1)". The Urban Residential Type One zone does not permit townhouse dwellings. A Zoning By-law Amendment is required to permit the proposed townhouse condominium Page187 Municipality of Clarington Report PDS-020-23 Page 7 on the lands and provide regulations for the single detached dwelling lots that meet the proposed lot frontages and areas. 6.2 Council approved By-law 2023-005 on January 23, 2023, which applies the Urban Residential Type One Exception (R1-103) Zone to a portion of the subject lands. This exception zone permits a mobile temporary sales office until January 16, 2026. The draft Zoning By-law Amendment contained in Attachment 1 incorporates this zone as a compound zone. 6.3 The proposed Zoning By-law amendment includes a Holding Zone. The Holding zone will remain on the lands until the necessary conditions of draft approval, development agreements are in place for the draft plan of subdivision and subsequent site plan application for the condominium townhouse block. 6.4 The development agreements will require the applicant to, among other matters: • address the recommendations of the background studies, including submissions of additional information, plans and reports; • provide for municipal services and road works that will service the development; and • provide contributions towards parkland. 7. Summary of Background Studies 7.1 The applicant has submitted the following studies in support of the proposal which are summarized in Attachment 6 of this report: • Planning Rationale Report • Urban Design Brief • Scoped Environmental Impact Study • Arborist Report • Landscape Analysis • Energy Efficiency and Sustainability Plan • Transportation Impact Study • Functional Servicing and Stormwater Management Report • Geotechnical Investigation Report • Noise Impact Study • Phase One Environmental Site Assessment Municipality of Clarington Report PDS-020-23 • Stage 1 Archaeological Assessment • Hydrogeological Investigation Page 8 7.2 The approval of the draft plan of subdivision will identify if revisions and updates are needed for applicable studies. Conditions of approval for the draft plan of subdivision and site plan application for the townhouse block will address the ultimate recommendations of the studies. 8. Public Notice and Submission 8.1 A public meeting was held on June 29, 2020. Public notice was mailed to each landowner within 120 metres of the subject lands and signage was posted on the subject property. 8.2 A letter was sent to all interested parties advising them that the recommendation was scheduled with details as to how they could register as a delegation. 8.3 A public meeting was held on June 29, 2020. Four residents spoke with concerns, five others submitted correspondence and a petition was submitted. Concerns are summarized in Section 11. 9. Department and Agency Comments 9.1 Comments received from departments and agencies are summarized in Attachment 5. The chart shows the list of circulated parties and whether we received comments. Comments that required additional clarification will be addressed through conditions of approval for the related Draft Plan of Subdivision application and subsequent site plan application. 10. Financial Considerations 10.1 The capital infrastructure required for this development will be built by the developer and assumed by the Municipality upon acceptance. The Municipality will include the new capital assets in its asset management plans and be responsible for the major repair, rehabilitation, and replacement in the future. 10.2 Maintenance and minor repairs of the road infrastructure and stormwater management pond will be included in future operating budgets. 11. Discussion 11.1 When the Hancock Neighbourhood Plan was updated in 2013 it was assumed that a portion of the lands would be used for a school block, a new north -south public road, and Page189 Municipality of Clarington Report PDS-020-23 Page 9 medium density development. Moyse Drive had been planned to extend to Hancock Road. 11.2 To address the redundancy of the school site, concept plans of how the adjacent lands could develop has been proposed by the applicant (Attachment 4). The proposed plan is important to inform residents of how the lands could be developed and how the applicant's proposal fits into the proposed neighbourhood. It should be noted that the applicant does not own the lands surrounding the proposal and, in the future, alternative concepts and proposals may be explored. 11.3 The Moyse Drive alignment has been shifted to be located adjacent to Black Creek outside of the limits of the proposal. The original concept had lots backing onto the creek. By shifting the alignment, better access to the valley by the public is achieved. A trail is identified to be provided along Black Creek on Map K of the Official Plan. The Environmental Impact Study has identified the development limits associated with Black Creek, associated valley and minimum vegetation protection zone. 11.4 A future development block is provided at the south end of the lots fronting Hancock Road. This block can be added to lands to the south, north of the Moyse Drive extension for the creation of an additional lot (see Figure 1). 11.5 The Official Plan encourages medium density blocks to: Have multiple vehicular accesses from a public street; Be compatible with the surrounding neighbourhood in terms of scale, massing, siting; and Generally not exceed 50 units. 11.6 The intention of this policy is to provide a break in building form and to address traffic concerns where limited entrances are proposed. While the proposal exceeds 50 units, it meets the intention of the policy. The inclusion amenity space on Nash Road and single detached dwellings along Hancock Road assists in providing a break in the building form and provides a transition to the adjacent areas. The traffic study identifies that the existing road network will accommodate the traffic generated by the proposal. When Moyse Drive is extended, additional access opportunities will be provided. 11.7 The applicant is proposing to drain the stormwater from the subject lands to an existing stormwater pond rather than develop a new pond as the neighbourhood plan envisioned. While staff can support the concept of not requiring an additional pond, the Engineering Services Department has identified the need to confirm that the proposed stormwater management plan can work not only for the subject lands but the other lands in the Page190 Municipality of Clarington Report PDS-020-23 Page 10 neighbourhood intended to be serviced by the second pond. The applicant will need to provide additional information regarding the functional servicing for all the lands south of Nash Road prior to approval of the related plan of subdivision. Addressing Comments and Concerns from Residents 11.9 Through the public meeting and submissions, residents identified the following concerns with the proposal: Density and integration with existing development 11.10 The applicant has revised the proposal to include single detached dwellings fronting Hancock Road. This addresses the concerns from residents about the interface with existing development, particularly with the east side of Hancock Road which is outside of the urban boundary. Extension of Moyse Drive 11.11 The Moyse Drive extension has been contemplated for the neighbourhood since it's original design. A grid street pattern for neighbourhoods is strived for, as it provides greater connectivity and reduces trip length for both vehicles and pedestrians alike. Increased traffic, lack of sidewalks, use of Hancock Road by heavy trucks 11.12 The applicant has provided a Traffic Impact Study that demonstrates the existing road network can accommodate the proposed development. The applicant will be required to update that study to explore an all -way stop on Nash Road and at a street to be built in the development to the north. That street will align with the entrance to the condominium block. An all -way stop will improve pedestrian connectivity. An intersection control study for Nash Road and Hancock Road is also required. Hancock Road will not be a permitted route for construction traffic and will not utilize the bridge. The bridge will be upgraded through works to improve Hancock Road. Lack of greenspace, parks and trails, preservation of trees 11.13 Both Harry Gay Park and Moyse Park are intended to serve the broader neighbourhood depicted in the Neighbourhood Design Plan (Attachment 2). The applicant is required to provide 4.0 m2 of outdoor amenity space in accordance with the Amenity Guidelines for Medium and High -Density Residences. The area shown at the northwest end of the proposal as `Park' exceeds that requirement. Page 191 Municipality of Clarington Report PDS-020-23 Page 11 11.14 The applicant indicated they are open to exploring providing access to the amenity area to the general public. If the amenity area is intended to serve the public, it will need to be made clear to the future residents of the condominium corporation and reflected in the overall design of the space. Staff and the applicant will continue to review this ideal through the review of the site plan application. 11.15 As depicted in Attachment 2, the amount of green space identified for protection in the Hancock Neighbourhood increased substantially between the 1998 and 2013 approvals. This proposal is not proposing to remove any of the approved green space lands and is consistent with the approved Hancock Neighbourhood Design Plan. The Black Creek and associated valley provide greenspaces in proximity to the proposal and will include a trail as identified on Map K of the Official Plan. 11.16 Boundary trees are proposed to be preserved. It is challenging to preserve additional trees within development limits. Only those deemed to meet the criteria of a significant woodland are required to be protected. The EIS did not identify that requirement. The applicant is willing to provide financial compensation for a stand of trees to offset that loss. Potential impact on wells 11.17 Staff will explore adding conditions necessary to address concerns related to impacts on wells. It is typical to require updates to the Hydrogeological report to include groundwater monitoring and contingency measures to mitigate adverse impacts. Concerns with drainage and stormwater management 11.18 Through the revisions to the stormwater management proposal the applicant will be required to manage stormwater in a way that will not result in flooding or impacts to the provincially significant wetlands nearby. The proposal will be reviewed and must be accepted by the Municipality and the Central Lake Ontario Conservation Authority. 11.19 Staff are proposing to include a definition for soft landscaping in the Draft Zoning By-law Amendment (Attachment 1) and a regulation that requires a percentage of the landscape open space to be soft landscaping. The current definition of landscaping includes hardscape. Since infiltration has been identified as a concern, a change in approach is warranted to control the number of impervious surfaces. 11.20 A subsequent site plan application and draft plan of condominium application will be required. The applicant will be required to have a Stage 1 and Stage 2 pre -consultation meeting for those applications. Page192 Municipality of Clarington Page 12 Report PDS-020-23 12. Concurrence 12.1 This report has been reviewed by the Deputy CAO/Treasurer. 13. Conclusion 13.1 In consideration of all agencies, staff and public comments, it is respectfully recommended that the application for the Zoning By-law Amendment, as submitted by Nash Developments Limited (Marlin Spring), be supported and approved subject to the Draft Zoning By-law Amendment contained in Attachment 1. Staff Contact: Tracey Webster, Principal Planner, (905)623-3379 ext. 2415 or twebster@clarington.net Attachments: Attachment 1 — Draft Zoning By-law Attachment 2 - 1998 and 2013 Hancock Neighbourhood Design Plan Attachment 3 — Neighbourhood Developments Attachment 4 — Concept plan on adjacent lands Attachment 5 - Agency Comment Table Attachment 6 — Summary of Studies Interested Parties: List of Interested Parties available from the Planning and Infrastructure Department. Page193 Attachment 1 to PDS-020-23 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 for ZBA2018-0024; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 13.4 "Special Exceptions — Urban Residential Type Two (R2) Zone" is amended by adding Special Exception Zone 13.4.93 as follows: "Section 13.4.93 Urban Residential Exception (R2-93) Zone Notwithstanding Sections 13.2 a., b., c. i), c.ii), c. iii), e., f., g. and h., those lands zoned R2-93 on the Schedules to this By-law shall be subject to the following regulations: a. For the purpose of Section 13.4.93, the term Soft Landscaping means the portion of the lot comprised of any combination of flowers, grass, shrubs, sod, trees or other horticultural elements that is not covered with impervious surfaces. It does not include buildings or structures, any hard surface areas such as, but not limited to, driveways, parking areas, decorative stonework, walkways, patios, screening, or other landscape architectural elements. b. Lot Area (minimum) 260 square metres C. Lot Frontage (minimum) i) Interior Lot 9 metres ii) Exterior Lot 12 metres Page 194 Attachment 1 to PDS-020-23 d. Yard Requirements (minimum) i) Front Yard 6 metres to private garage or carport 4 metres to dwelling 2 metres to unenclosed porch ii) Exterior Side Yard iii) Interior Side Yard 6 metres to private garage or carport 4 metres to dwelling 2 metres to unenclosed porch 1.2 metres on one side, 0.6 on the other Without an attached garage or carport 3.0 metres on one side, 0.6 on the other e. Dwelling Unit Area (minimum) 85 square metres f. Lot Coverage (maximum) i) One Storey Dwelling a) Dwelling 50 percent b) Total of buildings and structures 55 percent ii) All other Residential Units a) Dwelling 40 percent b) Total of buildings and structures 45 percent g. Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following; i) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. ii) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. h. Landscape Open Space (minimum) Height (maximum) i) 1 Storey ii) All other residential units 30 percent, provided 25 percent is soft landscaping 8.5 metres 10.5 metres Page195 Attachment 1 to PDS-020-23 4 Driveway width (maximum) 4.6 metres k. Garage Requirements: i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall or covered porch projection. I. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre m. Special Yard Regulation: i) Bay Windows with foundation may project into any yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres but in no instance shall the interior side yard be reduced below 0.6 metres. ii) Steps may project into the required front or exterior side yards, but in no instance shall the front or exterior yard be reduced below 1.0 metre. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.68 as follows: "14.6.68 Urban Residential Exceptions (R3-68) Zone Notwithstanding Sections 14.1, 14.4 b., c., e., f., and g., those lands zoned R3-68 on the Schedules to this By-law shall only be used for link townhouse dwellings. For the purpose of establishing regulations for each Link Townhouse Dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a. Lot area (minimum) b. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot c. Yard Requirements (minimum) i) Front yard to an unenclosed porch 115 square metres 4.4 metres 8.5 meters 4 metres to a dwelling, 3 metres ii) To a private street 3 metres iii) To visitor parking space 1.5 metres iv) Interior Side Yard 1.2 metres, nil where building has a common wall with any adjacent building on an adjacent lot Page 196 Attachment 1 to PDS-020-23 M v) Rear yard carport vi) Water meter building to private street d. Lot coverage (maximum) e. Landscape open space (minimum) f. Outdoor amenity space (minimum) g. Building Height h. Number of storeys (maximum) 6 metres to private garage or 5 metres to dwelling 3 metres to unenclosed porch 4 metres to Nash Road, 3 metres 65 percent 20 percent 4 square metres per dwelling unit 11.5 metres 3 i. No garage shall be located in yards adjacent to a public street. j. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre k. Were a link townhouse dwelling has frontage on both a public street and a private lane, the lot line adjacent to the Public Street shall be the front lot line. I. Special Regulations i) Steps may project into the required front yard, but in no instance shall the front yard be reduced below 1 metre ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1 metre Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.69 as follows: "14.6.6 Urban Residential Exceptions (R3-69) Zone Notwithstanding Sections 14.1, 14.4 b., c., e., f., and g., those lands zoned R3-69 on the Schedules to this By-law shall only be used for link townhouse dwellings. For the purpose of establishing regulations for each Link Townhouse Dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a. Lot area (minimum) 125 square metres Page 197 Attachment 1 to PDS-020-23 M b. Lot Frontage (minimum) i) Interior Lot 5.5 metres ii) Exterior Lot 7.7 meters C. Yard Requirements (minimum) i) Front yard 6 metres to a private garage or carport, 5 metres to a dwelling, 1.5 metres to an unenclosed porch ii) To a private street 3 metres iii) To visitor parking space 1.5 metres iv) Interior Side Yard 1.2 metres, nil where building has a common wall with any adjacent building on an adjacent lot v) Rear yard 6 metres d. Lot coverage (maximum) i) Dwelling 55 percent ii) Total of buildings and structures 65 percent e. Landscape open space (minimum) 20 percent f. Outdoor amenity space 4 square metres per dwelling unit g. Building Height 11.5 metres h. Number of storeys (maximum) 3 No garage shall be located in yards adjacent to a public street. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre k. Special Regulations i) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1 metre ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1 metre Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: Page 198 Attachment 1 to PDS-020-23 "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R2-67)/Urban Residential Exception (R1-103)" "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R2-93)/Urban Residential Exception (R1-103)" "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R3-68)/Urban Residential Exception (R1-103)" "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R2-69) )/Urban Residential Exception (R1- 103)" As illustrated on the attached Schedule 'A' hereto 5. Schedule 'A' attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. Passed in Open Council this day of .20 Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 199 Schedule A to PDS-020-023 This is Schedule "A" to By-law 2023- Passed this day of , 2023 A.D_ 30321 y INLW U • - z --------------------NA H -ROAD------------------M 2894 Zoning Change From '(H)R 1' To '(H)R2-93' Zoning Change From '(H)R V Tv '(H)R3-68' - Zoning Change From '(H)RI' To'(H)R3-69' hf Zoning Change From '(H)R 1' To '(H)R2-67)RI-103' Zoning Change From '(H)R1'Ta'(H)R3-68}R1-103' _ Zoning change From'(H)RI'T0'(H)R3-69jR1-103' � Zoning Change From '(H)RV 7a'(H)R2-93jR1-103' fiaeurtice • IBA21DIMOM and $44HAAOM • Schedule 04 Page 200 PDS-020-23 Attachment 2 1111lis611ss11 �� ®� Iliilllll® �� ;o� i�6r�A11 II�elleeeAll� leiel '�►�rrirrrrrrrrrrrrrrurrrrrrrrr IN = � o ;: fl➢➢ o ®�' ©le6lf oletlalfi �_ IIIIIIG0o09� 119:1€. ® � IIIII �ElEltltltltltltltlR �� __ `��I011111 _ .= ®® iiinl�e�iellr�l'd�eier►� Subject Lands i o � ® a 2013 Hancock Neighbourhood Design Plan Page 201 PDS-020-23 Attachment 3 rdlM rr George Reynolds Drive 12 Single Detached Units v ,,, ,-.*i ,• 12 Single 6etaohed ±? .,:..+ K., ��� � Units Approved 2015 Approved 2018 ✓ , - h i - IL .•. OIL' . >DiI J � - 'i -Aveu _$rooms- .r Y ' 19 Single Detached a. Units Approved 2014 .: _ _ Rea ski'.,..■ T�b6�Avenue _ �'i I I 21-0 Rash.Road Single Detached Dwelling �� =y•'1r 0�0 Townhouse r ..`� Currentlmfion Medium Density Block SC 2018 - 0004 - -- - ZBA 2021 - 0024 PaNSW M Roads re, Neighbourhood Developments Page 202 PDS-020-23 Attachment 4 ._.- _�_ Nash Road — n a i s PPow L M l i II MWse Road � � (Fl1iLAE E.�'TF37514N] ` i f � . I i t=stimated Feature Limit LEGEND + " " 15m Bu[fer REAR LANE j TOWNHOUSES � I i TOWNHOUSES FREEHOLD SINGLES Concept Plan on Adjacent Lands Page 203 PDS-020-23 Attachment 5 Department/Agency Comments Summary of Comments Received Development ✓ No objections to the proposal were provided detailed Engineering comments are addressed. The applicant will be required to complete an Intersection Control Study for Nash Road and Hancock Road. Nash Road will require reconstruction and urbanization along the frontage of the proposal. The plans will need to coordinate with the design of those works. An updated Traffic Impact Study is required to evaluate an all way stop controlled intersection at Nash Road and the Future Street D on the north side. This will evaluate an opportunity for improved pedestrian connectivity. Detailed comments were provided that requires clarification and further submissions on the storm water management proposal. Building Division ✓ No comments were provided. Fire and Emergency ✓ No concerns were identified. Comments provided will be Services addressed through the subsequent site plan application. Accessibility ✓ No concerns were identified. Comments regarding barrier - Committee free parking spaces and the outdoor amenity area will be addressed through the subsequent site plan application. Region of Durham ✓ The comments indicate that the proposed plan of (Planning, Works, & subdivision does not conform to the policies of the ROP Transit, Police) until the applicant addresses issues identified by CLOCA in respect to draft approval of the plan of subdivision regarding an updated water balance assessment, a hydrograph supported analysis of ground response to precipitation, and proposed infiltration Low Impact Development (LID) approached that will conceptually demonstrate meeting the pre -development infiltration target. A follow up phone call on March 6 indicated no concerns with the Zoning By-law amendment proceeding. The Phase I ESA report states that the scope of the investigation is tailored after the Canadian Standards Association's Phase 1 Standard Z768-01 and Ontario Regulation 153/04. The Region of Durham requires Phase One ESA reports to be Record of Site Condition (RSC) compliant using the more rigorous O. Reg. 153/04 standard. As a condition of approval of the Draft Plan of Subdivision, the proponent will be required to provide an Page 204 PDS-020-23 Attachment 5 RSC compliant Phase One ESA report. This requirement is in accordance with the Region's Site Contamination Protocol and Ontario Regulation 154/03, as amended. No immediate obstruction issue for the Region's NextGen radio system and associated microwave links were identified. Central Lake Ontario ✓ Comments indicated a preference for cash in lieu for Conservation Authority ecological offsetting to be considered only when all other avenues for feature replacement have been exhausted. It is suggested that cash in lieu would only cover the cost of land securement and would not cover the full cost of feature replacement. The calculation provided for cash in lieu represents a portion of the feature on the subject lands while a portion remains on adjacent lands and will be left without function and will be highly susceptible to windthrow. It is suggested the calculations include the entirety of the 0.19 ha woodland. Detailed comments were provided that requires a response and further clarification on storm water management and hydrogeology. Ministry of Transportation School Boards ✓ PVNCCDSB indicated it does not have any interest in this site for future school development. The Conseil scolaire Viamonde had no comment Hydro One Enbridge ✓ No concerns were identified. Canada Post Canada Post has no objections for the proposed Corporation development. Standard Conditions of approval were provided. Bell Canada ✓ No concerns were identified. Standard conditions of approval were provided. Rogers CMHC Page 205 PDS-020-23 Attachment 6 Background Study Summary Planning Rationale The report concludes that the proposed development Report, and subsequent conforms to the Durham Regional Official Plan, the addendums (August 17, Growth Plan for the Greater Golden Horseshoe and the 2021 and September Provincial Policy Statement. The proposal was determined 30, 2022) and Urban to be appropriate and desirable and represents good Design Brief (August planning. 2022) The brief indicates that the proposal aligns with the Municipality of Clarington General Architectural Design Guidelines and the policies of the Official Plan. The design of the townhouses and single -detached dwellings will provide built form diversity, streetscape character and housing choices. The townhouses will front Nash Road with rear garages to provide upgraded facades along the public realm. The single detached dwellings will provide a transition to existing low -density dwellings on Hancock Road. Environmental Impact The subject lands do not contain any natural heritage Study (February 2020, features. The site is adjacent to Black Creek, so its limits revised July 2021) and associated setbacks were staked and surveyed with CLOCA, the applicant, the Municipality and the property owner to the south. This was done to determine mitigation measures necessary to protect the feature and to identify the limits to inform conceptual plans for potential future development of the surrounding lands and the location of Moyse Drive. A woodlot was identified straddling the subject property and the property to the south. It did not meet the criteria to be considered significant in accordance with the Clarington Official Plan and Region of Durham Official plan. No species at risk or concern were identified. The study recommends the following mitigation measures and suggests that when followed, the proposed development will result in no negative impacts on natural features or their ecological functions- 1 . Compensation for tree removals 2. Low impact development (LID) measures for storm water management 3. Wildlife impact mitigation plan 4. Erosion and Sediment Control Plan 5. Environmental Monitoring Plan Page 206 PDS-020-23 Attachment 6 6. Arborist Report 7. Landscape Analysis 8. Energy Efficiency and Sustainability Plan Arborist Report (April This report provides measures to protect trees identified 10, 2020) for preservation. This report will require an update when the detailed design is finalized. Landscape Analysis, The proposal intends to maintain the landform drainage (August 28, 2018) patterns. There are no significant site wall or grade alterations proposed Energy Efficiency and The report demonstrates how the development will ensure Sustainability Plan. energy efficiency, provide protection of air and water Prepared (September systems and the natural environment, manage solid waste 2018) during and after construction, and educate homeowners of these sustainable principles. The report states that the proposal meets the sustainable development principles of the Municipality of Clarington, and that it is both appropriate and desirable for the community. Transportation Impact The study indicates that the traffic volumes will be Study, (September 30, accommodated by the proposed access arrangement and 2022) surrounding road network. The site plan can accommodate vehicles and the proposed parking supply to satisfy Clarington's requirements. Functional Servicing This proposal directs stormwater to the existing and Stormwater MacCourtice stormwater management facility. It requires Management Report, upsizing of the storm sewers on Nash Road and their (September 2018, extension to Hancock Road. Modifications to the revised August 2021, MacCourtice SWM facility will be required. LID measures October 2022) are explored as an opportunity to provide on -site quality control through LID measures. A watermain distribution system is proposed to connect to an existing watermain on Nash Road. The external watermain distribution system will be extended to service the lots on Hancock Road. Geotechnical The report indicates that the site is generally suitable for Investigation Report construction with or without basements. The groundwater (July 9, 2018) conditions will require dewatering in the excavations. Recommendations for building design and construction were provided. Noise Impact Study, The study recommends acoustic fencing for the (July 27, 2021) townhouse unit and single detached dwelling that flanks Nash Road and one that is south of the park. Specified units will require warning clauses to inform purchases of potential noise issues. Provisions for forced air heating Page 207 PDS-020-23 Attachment 6 and central air condition will be required for units adjacent to Nash Road, Hancock Road, and 2 townhouse units south of the park. Phase One Based upon the findings of the report no further Environmental Site environmental investigation with respect to soil and Assessment (March 28, ground water quality is warranted. 2018) Stage 1 Archaeological The results of the Stage 1 assessments indicate that Assessment, 2910 the majority of the subject property has some Hancock Road (June 1, potential for both aboriginal and Euro-Canadian 2018) and 2936 archaeological resources. It recommends a Stage 2 Hancock Road (May archaeological assessment prior to the development 23, 2017) of the subject lands. No soil disturbance or development activities should take place on the subject property unit the Stage 2 archaeological assessment has been completed. Hydrogeological The report indicates that 16 supply water wells are within Investigation (October 500m of the subject property. The private wells are drilled 5, 2022) to deeper depths than the proposed development excavation depths, therefore, any groundwater extraction will not have an impact to the nearby groundwater users. Since the groundwater flow is parallel to Black Creek's flow direction, the likelihood of the groundwater table discharging into the creek is low. Dewatering rates were preliminary and must be re- evaluated once the construction schedule is finalized. Based on assumptions, it is expected that a permit to take water as per O.Reg 387/04 would be required. Page 208