HomeMy WebLinkAbout09-18-2023Clar*wn
Planning and Development Committee
Post-MeetingAgenda
Date: September 18, 2023
Time: 6:30 p.m.
Location: Council Chambers or Microsoft Teams
Municipal Administrative Centre
40 Temperance Street, 2nd Floor
Bowmanville, Ontario
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accessibility accommodations for persons attending, please contact: Lindsey Patenaude,
Committee Coordinator, at 905-623-3379, ext. 2106 or by email at Iatenaude@clarington.net.
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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.
September 18, 2023
Planning and Development Committee
Pages
1. Call to Order
2. Land Acknowledgment Statement
3. Declaration of Interest
4. Announcements
5. Presentations/Delegations
6. Consent Agenda
6.1 Communications
6.2 Staff Reports and Staff Memos
6.2.1 PDS-049-23 - Downing Street & JD Group Sales Pavilion 4
Extension to Lease Agreement
*7. Items for Separate Discussion
*7.1 Correspondence from Leslie Leonard, Director, Land and Housing, 11
Brookfield Residential and Paolo Sacilotto, Project Manager, DG Group
regarding the ongoing Durham Region Infrastructure Delays, Newcastle
Zone 1 Reservoir and Zone 2 Pumping Station
(Mayor Foster has issued Mayoral Decision MDE-2023-07)
8. Unfinished Business
9. New Business - Consideration
10. Public Meetings (6:30 p.m.)
10.1 Public Meeting for proposed zoning by-law amendment and proposed 14
plan of subdivision for 75 Single Detached dwellings in Courtice
Location: 3124, 3131, 3146, 3164, 3178, 3194, 3202, 3210 and severed
lands surrounding 3222 Tooley Road, Courtice
Applicant: Baseline Properties Ltd.
Planner: Tim Ryan, Principal Planner, Planning and Infrastructure
Page 2
September 18, 2023
Planning and Development Committee
10.1.1 PDS-050-23 - Public Meeting for a Zoning By-law Amendment 17
for 3124, 3131, 3146, 3164, 3178, 3194, 3202, 3210 and
severed lands surrounding 3222 Tooley Road, Courtice
11. Confidential Items
12. Adjournment
Page 3
Clarftwn
Staff Report
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Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: September 18, 2023 Report Number: PDS-049-23
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Robert Maciver, Deputy CAO/Solicitor Resolution#:
File Number: ZBA2023-0010 and SPA2017-0020 By-law Number:
Report Subject: Downing Street & JD Group Sales Pavilion Extension to Lease
Agreement
Recommendations:
1. That Report PDS-049-23, and any related delegations or communication items, be
received;
2. That Council approve the extension of the lease agreement for a sales pavilion on
municipal lands at 1485 Highway 2 in Courtice for a period of two (2) years from the
expiry date, being May 8t" 2025;
3. That the Director of Planning and Infrastructure Services be authorized to execute
the extension of the license agreement with Downing Street & JD Group, the new
owners of the adjacent lands, known as the Uplands site, on terms and conditions
satisfactory to the Deputy CAO/Solicitor;
4. That no further extensions be granted after this two (2) year period;
5. That the By-law attached to Report PDS-049-23, as attachment 2, be approved; and
6. That all interested parties listed in Report PDS-049-23, and any delegations be
advised of Council's decision.
Page 4
Municipality of Clarington
Report PDS-049-23
Report Overview
Page 2
This report provides background information and a status update on the expected
completion date for the Uplands site in Courtice. It also provides support for the extension of
the lease agreement to allow the use of the municipal parking lot for a period of two (2)
years.
1. Background
1.1 On May 8, 2019, land was acquired by the Municipality from High Street Courtice Inc, in
advance of development approvals for the Courtice Uplands development. At that time,
this was seen as a cooperative gesture by the developer to accelerate parkland
dedication to allow the land to be put to immediate use as a parking lot for visitors to
Tooley's Mill Park. The obligations of the developer to convey land for park purposes
would not ordinarily have arisen until the development approval. As of the date of this
report, the registration of the site plan agreement is still pending, and the applicant is
working on fulfilling the conditions of site plan approval.
1.2 On May 6, 2019, a licence agreement was agreed to and signed by the Municipality and
the previous owner of the Uplands site (High Street Courtice Inc.). The mutual
agreement was reached, in return for the early land dedication, to allow a sales pavilion
on the lands on a temporary basis. Further details of this early park dedication were
provided in Report PSD-059-17 and PSD-067-17.
1.3 The licence agreement expired on May 8, 2021, and was extended for another two
years, which expired on May 8th, 2023. At the end of 2022 the property was sold to
Downing Street & JD Group, who have requested a further extension to the license,
which is the purpose of this report. It should also be noted that the existing license
agreement was signed by the previous property owner, therefore it will need to be
assigned to the new owner.
2. Discussion
2.1 There was a Council resolution C-088-22 on April 7, 2022, which stated that any further
extensions to the licence agreement on the subject lands must be approved by Council.
2.2 If granted, this would be the second extension of the license for the sales pavilion. The
sales pavilion has been on this site for over 4 years. If extended for a further two years,
the municipal parking lot would be used for the sales pavilion for a total of 6 years. Given
that there are new property owners that are working on fulfilling the obligations of the site
plan, the request for an extension appears to be a reasonable timeframe in order finalize
the completion of site plan and register the site plan agreement.
Page 5
Municipality of Clarington
Report PDS-049-23
Page 3
2.3 Sales pavilions are permitted through a Temporary Use By-law and would typically be on
private lands. As per Section 23.4.5 of the Clarington Official Plan, the Municipality will
not permit the extension of any temporary use by-law beyond a period of 10 years. The
sales pavilion would only be used for up to six years, which is less than the 10-year
timeframe.
2.4 The subject lands were rezoned to the R1-99 exception zone to permit a Temporary
Sales Office, subject to the terms and conditions of a municipal lease agreement. By-law
2017-083 also specified an expiry date pursuant to the requirements of Section 39 of the
Planning Act. The expiry date for the sales office use was on December 31, 2019. Given
the firm sunset dates imposed on the sales office in the past, and that the use is on
Municipal lands, Staff recommend that this be the final and last extension granted for the
sales pavilion and no further extensions be granted after this two (2) year period. Also
given that the site plan process is in the final stages and these lands would have been
required to be dedicated at this time, there is no further reason or need to allow further
extensions beyond the next two years.
3. Financial Considerations
Not Applicable.
4. Concurrence
This report has been reviewed by the Deputy CAO/Treasurer and the Deputy
CAO/Solicitor who concur with the recommendations.
5. Conclusion
It is respectfully recommended that the extension of the Licence Agreement occur
expeditiously in order for the sale of the residential units on the adjacent site to proceed
this September and for the sales pavilion to be removed as efficiently as possible, prior
to the expiration date of May 8th, 2025.
Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext. 2422 or
nzambri(a_)clarington.net
Attachments:
Attachment 1 - Request from owner to extend the Licence Agreement
Attachment 2 - Temporary Use By-law Amendment
Attachment 3 — Zoning Schedule
Interested Parties: There are no interested parties to be notified of Council's decision.
Page 6
Attachment 1 to
PDS-049
LANE x
May 23rd, 2023
Robert Maciver
Municipal Solicitor
Municipality of Clarington
40 Temperance Street, Bowmanville ON
L 1 C 3A6
RE: 1475 Highway 2, Clarington
Licence Agreement, Parts 1, 2, 3 40R-30493
Dear Robert Maciver,
The following letter has been prepared on behalf of our clients, JD (Courtice Ph.1) Inc, regarding the
development of their property located at 1475 Highway 2 in the Municipality of Clarington. This property
was purchased from High Street Courtice Inc. in 2022.
There is currently a licence agreement in place with the Municipality over Parts 1, 2, 3, as described by
Plan 40R30493. This licence agreement facilitates the use of these lands for a temporary sales centre.
The terms and conditions of the agreement, as amended, have established an expiration date of May 8m
2023.
An extension to this lease agreement is required as new owners have assumed the project and are in the
midst of completing a rebranding and relaunching process, requiring continued use of the sales centre
building. Ownership is currently completing minor revisions to site design, servicing, and grading plans
which are anticipated to be submitted to the Municipality of Clarington's Planning and Infrastructure
Services Department for review and circulation later this summer (July 2023). These revisions have
accommodated recent changes in market conditions and introduced efficiencies with respect to site
servicing. Ownership currently anticipates relaunching the marketing program and re -opening of the sales
centre in September 2023.
As such, we hereby formally request an extension of the aforementioned lease agreement for a period of
two years, until May 8`h, 2025.
Please advise if there are any questions regarding the formal request as detailed above.
Prepared by,
Tim Collins
President
LANDx Developments Ltd.
Authorised Representative of JD (Courtice Ph.1) Inc.
293-1235 Fairview Street, Burlington, Ontario US 2K9
T. 906-329-0312 F. 905.357.0395 E. info _landxdevelopments.com
www.landxdevelopments.com
Page 7
Attachment 2 to
PDS2023-049
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 ZBA2023-OOXX;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Section 12.4 "Special Exceptions — Urban Residential Type One (R1) Zone" is
hereby amended by introducing a new subsection 12.4.99 as follows:
"12.4.99 Urban Residential Exception (R1-99) Zone
Notwithstanding 3.12 c., 12.1, 12.2, and 12.3, those lands zoned "R1-99"
on the Schedules to this By-law shall only be used for a public use and a
Temporary Sales Office, subject to terms and conditions of a municipal
lease agreement and subject to the following zone provisions:
a. Lot Area (minimum) 1500 square metres
b. Lot Frontage (minimum) 50 metres
c. Yard Requirements (minimum)
i) Front Yard Setback 15 metres
ii) Interior Side Yard Setback 2.5 metres
iii) Rear Yard Setback 4 metres
d. Building Height (maximum) 5 metres
e. Floor Area (maximum) 400 square metres
f. Parking Spaces (minimum) 20
g. Loading Spaces nil
Pursuant to the requirements of Section 39 of the Planning Act, 1990, as
amended, the temporary sales office use shall cease on May 8, 2025."
2. Schedule `4' to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
Attachment 2 to
PDS2023-049
"Urban Residential Exception (R4-7) Zone" to "Urban Residential Exception (R1-
99) Zone"
"Holding - Urban Residential Exception ((H) R4-7) Zone" to " Urban Residential
Exception (R1- 99) Zone" and,
"Holding — Urban Residential Exception ((H) R4-30) Zone" to "Urban Residential
Exception (R1-99) 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 Sections 34 and 39 of the Planning Act.
Passed in Open Council this day of 2023
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Page 9
Attachment 3 to
PDS2023-049
This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D.
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Zoning Change From '(H)R4-30' To'R1-99'
- Zoning Change From '(H)R4-7' To 'R1-99'
Zoning Change From 'R4-7' To'R1-99'
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Courtice • ZBA 2023-XXXX • Schedule 4
Brookfield
Residential
September 12, 2023
Carlos Salazar
Director of Planning and Infrastructure Services
Municipality of Clarington
40 Temperance Street
Bowmanville, ON 1-1 C 3A6
OGROU ,
Re: Ongoing Durham Region Infrastructure Delays
Newcastle Zone 1 Reservoir and Zone 2 Pumping Station
Formal Request for Municipal Support
Please accept this letter as our formal request for municipal support in advancing the Newcastle
Zone 1 Reservoir and Zone 2 Pumping Station design and construction by the North Village
Landowners Group, (the "Infrastructure Projects") in the Municipality of Clarington ("Clarington")
and Region of Durham (the "Region").
These Infrastructure Projects are critical to deliver housing for almost 1,000 units within the draft
approved developments of both Brookfield Residential (Brookfield) and DG Group's (DG)
subdivisions (S-C-2005-003, S-C-2005-004, and S-C-2017-0007), and a future 1,100 units in
the North Village Secondary Plan (the "Secondary Plan"). The Region's delays in delivering the
Infrastructure Projects continues to substantially delay the delivery of housing within the
Secondary Plan, thereby impacting Clarington's ability to achieve its housing pledge of 13,000
units by 2031.
Background
As you are aware, the draft approved subdivisions referred to above were filed in 2005,
appealed for lack of decision in 2008 and were ultimately approved by the then Ontario
Municipal Board in the fall of 2012. To support the approval of these plans, it was understood
that servicing this area would require the construction of new infrastructure to supply additional
water storage and operating pressures. At the time of approval, the Region of Durham
contemplated that the water reservoir and water pump station to service these developments
would be designed over 2014-2015, and ultimately constructed between 2015 — 2016.
Subsequently, the Class Environmental Assessment required to facilitate the Infrastructure
Projects was slated for completion by the Region in 2016, with design and construction to follow
in 2017 and 2018, respectively. In 2017, the Region reported that the Infrastructure Projects
forecasted timelines would contemplate design in 2019, and construction over 2021-2023. At
that time, Brookfield and DG expressed concern with the delay in the Region's timelines.
Despite numerous discussions with the Region, the timelines for completion have continued to
lag.
Page 11
Ultimately, the Schedule B Class Environmental Assessment for the Infrastructure Projects (the
"Class EA") was not completed until February 25, 2021. Upon completion of the Class EA, the
Region provided Brookfield and DG with the following schedule:
• Request for Proposal ("RFP") for design to be issued in Q2 2021;
• Assignment awarded and design work commencing in Q4 2021;
• Construction Tender issued Q4 2022; and
• Commissioning Q4 2024.
Updated Timelines
As of September 11, 2023, the Region has advised that the current project schedule is once
again delayed, and expected to be the following:
• RFP for design to be issued in Q4 2023;
• Assignment awarded and design work commencing in Q1 2024;
• Construction Tender issued Q4 2025; and
• Commissioning Q1 2028.
This results in a delay in the provision of the Infrastructure Projects of over ten years, since the
original approval of the plans of subdivision. Given that the Class EA has been complete for
over two years, and the Infrastructure Projects do not require any further approvals under the
Environmental Assessment Act, there is no basis for continuing to delay the project schedule,
and these projects must proceed immediately.
Impacts on Clarington's Housing Pledge
As you know, on October 25, 2022, the Minister of Municipal Affairs and Housing issued a
Minister's Order to 29 large and rapidly growing Ontario municipalities, including Clarington, to
sign a housing pledge in order to meet the Province's target of providing 1.5 million new homes
in the next decade. Clarington has been assigned 13,000 new units as a target. We understand
that this target was endorsed by Council on February 27, 2023.
Together, Brookfield and DG have pledged to deliver over 2,000 units within the North Village,
representing a significant portion of units needed to fulfill Clarington's housing pledge.
Notwithstanding the delays by the Region of Durham, Brookfield and DG together have
continued to advance the delivery of the housing in the North Village. In addition to
commencing the earthworks associated with the approved plans, the North Village Landowners
Group, at their sole cost and expense, have advanced an interim water booster system, to
enable a small tranche of the first phase of development to proceed. These units, represent a
small fraction of the approved plans, however continue to demonstrate the Landowners
commitment to advancing approved housing in Clarington.
While the Region has enabled this interim servicing solution, the Landowners Group will require
that building permits be issued in parallel with the construction of the booster station, so as not
to unduly delay the construction and delivery of this first phase of housing.
Page 12
The Region has advised that the remaining units cannot proceed to permit issuance until the
completion and commissioning of the Infrastructure Projects. With the newly updated timing
reported by the Region to 2028, Clarington cannot rely on the completion of the Brookfield and
DG units beyond the first phase contributing to the Municipality's housing pledge, until post
2031, well beyond the deadline for many units.
Without Municipal intervention, we are concerned that the ultimate delivery of the Infrastructure
Projects will continue to be delayed, unnecessarily, at the expense of the delivery of critical
housing. As time is of the essence for Brookfield, DG and Clarington, we are hopeful that
Clarington can assist in supporting the advancement of this critical Regional infrastructure by
the North Village Landowners Group, in the short term.
Yours truly,
Brookfield Residential
Leslie Leonard
Director, Land & Housing
i
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DG Group
Paolo Sacilotto
Project Manager, Planning
CC: Mayor Adrian Foster, Municipality of Clarington
CC: Aaron Christie, Project Engineer, Works Department, Regional Municipality of Durham
Page 13
Clarbgtoa
llotice of Public Meeting
A land use change has been proposed, we want to hear from you!
The Municipality is seeking public comments before making a decision on applications for a Zoning
By-law Amendment and a proposed Plan of Subdivision.
Baseline Properties Ltd. have submitted subdivision and zoning by-law amendment applications to
permit 75 single detached dwellings. The plan also includes blocks for open space, stormwater
management facilities and future development.
The applications have been deemed complete.
3124, 3131, 3146, 3164, 3178, 3194, 3202, 3210 and severed lands surrounding 3222 Tooley
oA
Information and materials submitted in support of these applications are identified and/or
available for viewing at the following website: clarington.net/developmentproposals or at the
Planning and Infrastructure Services desk located at 40 Temperance Street, Bowmanville ON L1 C
3A6; 1st floor, between the hours of 8:30 a.m. — 4:30 p.m. during regular business days.
For more information about this matter, including information about appeal rights,
contact Tim Ryan, Principal Planner, Development Review Division 905-623-3379, extension
2440, or by email at tryan clarington.net
A Public Meeting has been scheduled for these applications. Written comments are encouraged to
be submitted prior to the Public Meeting. You can also request to be added to the interested party
list to receive updates regarding these applications.
Public Meeting Date: September 18, 2023
Time: 6:30 pm Paqe 14
How to Attend the Meeting
You may provide comments at the Statutory Public Meeting either in person, by Microsoft Teams,
or by telephone.
In Person:
Council Chambers
Municipal Administrative Centre
40 Temperance Street,
Bowmanville, ON L1 C 3A6
Virtually:
To participate electronically, please pre -register by completing the online form at
http://www.clarington.net/delegations or contact the Clerk's Division at 905-623-3379 ext. 2109 or
clerks(aD_clarington.net by Friday, September 15, 2023, at 3:30 p.m. A link and telephone number
will be provided to you once registered. This meeting will also be live -streamed for public viewing
at https://www.clarington.net/en/town-hall/council-meeting-calendar.aspx
You do not need to pre -register as a delegate in order to speak in person.
Please submit your written comments on the proposed application to Tim Ryan at
tryan clarington.net or by mail to 40 Temperance Street, Bowmanville, ON L1 C 3A6 prior to the
date of the public meeting.
File Numbers: ZBA2022-0018 and S-C-2022-0009
Freedom of Information and Protection of Privacy Act
The personal information you submit will become part of the public record and may be released to the
public. Questions about the information we collect can be directed to the Clerk's Department at 905-
623-3379, extension 2102.
Accessibility
If you have accessibility needs and require alternate formats of this document or other
accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
Appeal Requirements
If you do not speak at the public meeting or send your comments or concerns to the Municipality of
Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the
Ontario Land Tribunal; and b) you will not be able to participate at a hearing of an appeal before the
Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
Carlos Salazar, MCIP, RPP
Director of Planning and Infrastructure Services
Page 15
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Statutory Public Meeting
ZBA2022-0018 and S-C-2022-0009
September 18, 2023
• Owner: Baseline Properties Ltd.
• Application Details:
• 75 single detached dwelling lots
• Open space block
• Stormwater management pond
block
• Future development blocks
• Extension of Poppyfield Drive to
Tooley Road
Clarftwo
Clarftwn
Public Meeting Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: September 18, 2023 Report Number: PDS-050-23
Submitted By: Carlos Salazar, Director of Planning and Development Services
Reviewed By: Robert Maciver, Deputy CAO/Solicitor
File Numbers: ZBA2022-0018
Report Subject: Public Meeting for a Zoning By-law Amendment for 3124, 3131, 3146,
3164, 3178, 3194, 3202, 3210 and severed lands surrounding 3222
Tooley Road, Courtice
Purpose of Report:
The purpose of this report is to provide information to the public and Council. It does not
constitute, imply or request any degree of approval.
Recommendations:
1. That Report PDS-050-23 and any related communication items, be received for
information only;
2. That Staff receive and consider comments from the public and Council with respect
to the Draft Plan of Subdivision and Zoning By-law Amendment applications
submitted by Baseline Properties Ltd. and continue processing the applications
including preparation of a subsequent report; and,
3. That all interested parties listed in Report PDS-050-23 and any delegations be
advised of Council's decision.
Page 17
Municipality of Clarington
Report PDS-050-23
Report Overview
Page 2
The Municipality is seeking the public's input on applications for a proposed Draft Plan of
Subdivision and Zoning By-law Amendment submitted by Baseline Properties Ltd. to permit
a total of 75 single detached dwelling lots, 4 blocks for future development, an open space
block and a stormwater management pond.
1. Application Details
1.1 Owner Baseline Properties Ltd.
1.2 Applicant: D.G. Biddle & Associates Limited
1.3 Proposal: Draft Plan of Subdivision
The proposed Draft Plan of Subdivision to permit a total of 75
single detached dwellings, 4 blocks for future development, an
open space block and a stormwater management pond.
Zoning By-law Amendment
To rezone the subject lands from "(H)R1" (Holding — Urban
Residential Type R1) and "R1-95" (Urban Residential Type
One Exception 95) to appropriate "R2" (Urban Residential
Type Two) Exception and "EP" (Environmental Protection)
Zones to implement the proposed site design.
1.4 Area: 5.55 hectares (13.71 ac.)
1.5 Location: 3124, 3131, 3146, 3164, 3178, 3194, 3202, 3210 and
severed lands surrounding 3222 Tooley Road (see Figure 1).
1.6 Within Built Boundary: Yes
Page 18
Municipality of Clarington
Report PDS-050-23
Figure 1 — Proposed Draft Plan of Subdivision and Surrounding Context
2. Background
Page 3
2.1 On August 22, 2022, D.G. Biddle & Associates Limited (the "Applicant") submitted
applications for a Draft Plan of Subdivision and Zoning By-law Amendment, with
additional supporting documentation submitted in July 2023, for lands municipally known
Page 19
Municipality of Clarington
Report PDS-050-23
Page 4
as 3124, 3131, 3146, 3164, 3178, 3194, 3202, 3210 and severed lands surrounding 3222
Tooley Road in Courtice (the "Subject Site").
2.2 The proposal consists of 75 single detached dwellings, 4 blocks for future development,
an open space block and a stormwater management pond. The lots are to be accessed
from Tooley Road via an extension of Poppyfield Drive and from new local roads.
Additionally, each proposed lot will be serviced via connection to the existing municipal
water and sanitary sewer systems.
2.3 The Subject Site is an assembly of several lots on the west side of Tooley Road, and one
property (3131 Tooley Road North) on the east side of Tooley Road where the proposed
stormwater management pond is located. The Subject Site is approximately 5.55 ha
(13.71 ac.) with 215.5m frontage along the west side of Tooley Road, and 135.6m
frontage along the east side of Tooley Road.
2.4 The block proposed for parkland/open space would be approximately 0.31 ha (0.77 ac.)
and the stormwater block will be 0.33 ha (0.82 ac.).
2.5 Four future development blocks are proposed surrounding a hold -out lot (3186 Tooley
Road) which will remain in -situ until such time as the hold -out lot can be acquired and
developed into the surrounding subdivision.
2.6 The Applicant has submitted the following supporting documents which have been
circulated to departments and agencies for review. They are available upon request and
will be analyzed in a future recommendation report.
• Planning Justification Report
• Draft Plan of Subdivision
• Servicing, Grading, Erosion Control Plans
• Tree Preservation Plan
• Functional Servicing and Stormwater Management Report
• Hydrogeological Assessment
• Geotechnical Investigation Report
• Traffic Impact Study
• Stage 1 & 2 Archaeological Assessment
• Environmental Impact Study
• Phase One ESA and Reliance Letter
• Environmental Sustainability Plan
• On -street Parking Plan
• Constraints Mapping
Page 20
Municipality of Clarington Page 5
Report PDS-050-23
3. Land Characteristics and Surrounding Context
3.1 The Subject Site is located at 3124, 3131, 3146, 3164, 3178, 3194, 3202, 3210 and
severed lands surrounding 3222 Tooley Road in Courtice, approximately 270m north of
the Nash Road and Tooley Road intersection. The lands on the east side of Tooley Road
are adjacent to Farewell Creek and a significant portion of the Subject Site is heavily
treed. The Subject Site is currently occupied by several single detached dwellings fronting
onto Tooley Road North that are proposed to be demolished.
3.2 The surrounding land uses are as follows:
North Large rural residential lots
East Tooley Road North, beyond which are several large rural residential lots and
Farewell Creek
South Townhouse condominium development
West Low density residential uses, consisting of single detached dwellings
Page 21
Municipality of Clarington
Report PDS-050-23
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Figure 2 — Lands subject to the proposed draft plan of subdivision and zoning by-law
amendment applications
Provincial Policy
Provincial Policy Statement, 2020
The Provincial Policy Statement (PPS) provides policy direction on land use planning and
development for matters of provincial interest. This includes the protection of provincial
resources, public health and safety, and the quality of the natural and built environment.
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Municipality of Clarington
Report PDS-050-23
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These objectives are to be achieved through efficient land use planning through land use
designations and policies, municipal official plans and secondary plans.
4.2 The PPS focuses on growth and development within urban and rural settlement areas.
The Subject Site is located within the Courtice settlement area. Planning authorities are to
facilitate a variety of housing forms and promote residential intensification to achieve
efficient development patterns, especially along public transit and active transportation
routes.
4.3 The diversity and connectivity of natural features in an area and the long-term ecological
function and biodiversity of natural heritage systems should be maintained, restored or,
where possible, improved, recognizing linkages between and among natural heritage
features and areas, surface water features and ground water features.
4.4 Development and site alteration shall not be permitted on adjacent lands to the natural
heritage features and areas unless the ecological function of the adjacent lands has been
evaluated and it has been demonstrated that there will be no negative impacts on the
natural features or on their ecological functions.
Provincial Growth Plan (Growth Plan)
4.5 The Growth Plan for the Greater Golden Horseshoe 2019 (Growth Plan) provides
guidance on where and how to grow within the Greater Golden Horseshoe (GGH). This
includes requiring Municipalities to maintain a three-year supply of serviced land for
residential development.
4.6 Building on the direction of the PPS, the Growth Plan supports the achievement of
complete communities, a thriving economy, a clean and healthy environment and social
equity. These goals will be achieved by promoting access to transit and active
transportation and increasing the amount and variety of housing that is provided.
4.7 Complete communities provide for the needs of all parts of society. This includes
providing retail and office uses at locations that support active transportation and have
existing or planned transit. To address the issue of housing affordability, the Growth Plan
provides direction for a range and mix of housing to be offered with a priority on access to
transit and amenities.
4.8 The Subject Site is within the Courtice Built -Up Area. The Growth Plan calls for 40% of all
residential development occurring annually in a Municipality to be within a built-up area.
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Municipality of Clarington
Report PDS-050-23
5. Official Plans
Durham Region Official Plan
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5.1 The Subject Site is located in Courtice, within the delineated Built Boundary and Urban
Area Boundary as shown on Schedule 'A' — Map A5 and designated as Living Areas.
Living Areas are intended predominantly for housing purposes and shall be developed in
accordance with the associated policies within the Official Plan.
5.2 Schedule `B' identifies Key Natural Heritage and Hydrologic Features within and adjacent
to the Subject Site. Development within or adjacent to these features shall be supported
through an Environmental Impact Study (EIS) to appropriately identify the features and
associated buffers, as well as demonstrate that development will not impact the
ecological function of these features. The proposal, including the EIS submitted with the
applications, will be reviewed during the processing of the applications.
Clarington Official Plan
5.3 The Clarington Official Plan designates the Subject Site Urban Residential and
Environmental Protection. The Urban Residential designation is predominantly intended
for housing purposes. A variety of densities, tenure and housing types encouraged,
generally up to 3 storeys in height.
5.4 Environmental Protection Areas are recognized as the most significant components of the
Municipality's natural environment, and their ecological functions are to be conserved and
protected.
5.5 Environmental Constraints include features such as a woodland and Farewell Creek that
are identified as parts of the Municipality's Natural Heritage System on Schedule "D1" —
Natural Environment of the Official Plan. These features have ecological and/or
hydrological value that requires a site -specific assessment prior to development. The
presence and precise delineation of these features and the level of development
acceptable shall be determined through an Environmental Impact Study.
5.6 Map "K" - Trails of the Official Plan shows an Urban Trail in the vicinity of Farewell Creek
east of the Subject Site. The proposal is not anticipated to affect the proposed trail
location however, staff will review the matter during the further processing of the
applications.
5.7 Tooley Road is a Collector Road on Schedule "J2" — Transportation Network Roads and
Transit of the Official Plan and under municipal jurisdiction.
5.8 The policies and provisions of the Official Plan will be considered during the further
processing of the subject applications.
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Municipality of Clarington
Report PDS-050-23
6. Zoning By-law 84-63
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6.1 The Subject Site is currently zoned "Urban Residential Type One Hold [(H)R1] Zone and
Urban Residential Type One Exception 95 (R1-95) Zone.
6.2 The R1 and R1-95 zones permit the proposed single detached dwelling built form subject
to compliance with regulations on such matters as minimum lot frontage, minimum
building setbacks and maximum lot coverage.
6.3 The Applicant has submitted an application to amend Zoning By-law 84-63 to rezone the
Subject Site from Urban Residential Type One Hold [(H)R1] Zone and Urban Residential
Type One Exception 95 (R1-95) Zone to the Urban Residential Type Two Exception 54
(R2-54) or Urban Residential Type Two Exception 72 (R2-72) Zone and Environmental
Protection (EP) Zone, in order to implement the proposed draft plan of subdivision. A draft
zoning by-law amendment provided by the Applicant is included as Attachment 1.
6.4 The subject application will be reviewed against the provisions of Zoning By-law 84-63,
including the appropriateness of the Applicant -suggested zone changes, during the
further processing of the application.
7. Public Notice and Submissions
7.1 Public notice was mailed to approximately 196 residents within 120 metres of the Subject
Site on August 25, 2023. A sign was also posted on the property facing Tooley Road
North, advising of the complete applications received by the Municipality and details of
the public meeting.
7.2 At the time of writing this report, no public comments were received. Comments received
from the public at this Public Meeting will be considered and included in the
recommendation report.
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Municipality of Clarington
Report PDS-050-23
8. Department and Agency Comments
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8.1 The following agencies and internal departments were circulated for comments on the
applications. Below is a chart showing the list of circulated parties and whether comments
have been received to date.
Department/Agency
Comments
Summary of Comments
Received
Durham Region
Planning Department
and Public Works
Central Lake Ontario
Conservation Authority
Clarington Engineering
Development Division
Clarington Emergency
✓
Locations and distances of the fire hydrants
Services
to the furthest main entrance to be shown.
Clarington Building
✓
No objection to the proposal
Division
Canada Post
✓
No objection to the proposal
Bell Canada
✓
No objection to the proposal
Rogers
Enbridge Gas
✓
No objection to the proposal
Kawartha Pineridge
District School Board
PVNC District Catholic
School Board
Conseil Scolaire de
District Centre-Sud-
Quest
Conseil Scolaire de
District Catholique
Centre-Sud
Ministry of
Transportation
9. Discussion
9.1 The Subject Site is located within the existing built-up area of Courtice and would be
considered infill development. The Applicant has applied for a rezoning and draft plan of
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Municipality of Clarington
Report PDS-050-23
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subdivision to establish 75 new single detached dwelling lots. Each lot will be serviced
with municipal water and sewer and will have vehicle access off an extension of
Poppyfield Drive and new internal local roads which will connect to Tooley Road (See
Figure 1). The applications would facilitate the development of the lands and support
intensification within the existing built-up area of Courtice.
Parks and Pedestrian Connections
9.2 The proposed development will include an extension of the existing Poppyfield Drive to
Tooley Road. The Municipality will require the existing sidewalk on the north side of
Poppyfield Drive to be extended to the limit of the proposed development. The sidewalk
will provide the opportunity for connectivity from the existing neighbourhood to the west to
Tooley Road, which does not currently exist.
Proposed Zoning By-law Amendment
9.3 For the single detached dwellings, a minimum of 11 m frontage and 354m2 lot area is
proposed. Council has approved zoning by-law amendments in the past for similar lot
sizes, therefore, it is not anticipated that any concerns will arise with the function of the
lots and the ability to meet other applicable zoning requirements.
Further considerations
9.4 In recent years, the Province of Ontario has updated the applicable Planning Legislation
to include policies related to the establishment of additional dwelling units, accessory
dwelling units, etc. in order to alleviate the current housing demand. For this reason, the
inclusion of accessory/additional dwelling units within the proposed single detached units
or townhouses, where possible, is encouraged.
9.5 The Clarington Official Plan contains infill development policies that would need to be
considered when reviewing the application, such as lot size and impacts to surrounding
uses. Careful attention and consideration of these policies will contribute to the overall
success of the project and assist in creating a development that cohesively ties in with the
surrounding neighbourhood.
9.6 Staff will continue to review the submitted Plan of Subdivision and rezoning applications
and work with the applicant to address all technical matters. Agency and public comments
will be addressed in a subsequent recommendations report to Committee and Council.
10. Financial Considerations
10.1 The recommendations of this report do not have any financial implications.
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Municipality of Clarington
Report PDS-050-23
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10.2 Financial implications of this project will be included in subsequent report(s) as more
information becomes available.
11. Concurrence
Not Applicable.
12. Conclusion
12.1 The purpose of this Public Meeting report is to provide background information and obtain
comments on the proposal at the Statutory Public Meeting under the Planning Act. Staff
will continue to review and process the applications, including consideration of
department, agency and public feedback and will prepare a subsequent recommendation
report for Council's consideration.
Staff Contact: Tim Ryan, Principal Planner, 905-623-3379 ext. 2440 or tryan@clarington.net.
Attachments:
Attachment 1 — Draft Zoning By-law
Interested Parties:
List of Interested Parties available from Department.
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Attachment 1 to PDS-050-23
The Corporation of the Municipality of Clarington
By-law 2023-XXX
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA2023-XXXX;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Urban Residential Type One Hold (H(R1)) Zone" to "Environmental
Protection (EP) Zone"
"Urban Residential Type One Hold (H(R1)) Zone" to "Urban Residential
Type Two Exception 54 (R2-54) Zone"
"Urban Residential Type One Hold (H(R1)) Zone" to "Urban Residential
Type Two Exception 72 (R2-72) Zone"
"Urban Residential Type One Exception 95 (R1-95) Zone" to "Urban
Residential Type Two Exception 54 (R2-54) Zone"
"Urban Residential Type One Exception 95 (R1-95) Zone" to "Urban
Residential Type Two Exception 72 (R2-72) Zone"
as illustrated on the attached Schedule `A' hereto.
2. Schedule `A' attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof,
subject to the provisions of Section 34 of the Planning Act.
Passed in Open Council this XX day of XXXX 2023
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
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PLANNING JUSTIFICATION REPORT — 3124 Tooley Road, CLARINGTON March 2020
This is Schedule "A"
2023 A.D.
to By-law 2022-XX, passed this day of ,
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Zoning Change From "(H)R1" To "EP"
-
Zoning Change From "(H)R1" To "R2-54"
Zoning Change From "(H)R1" To "R2-72"
-
Zoning Change From "R1-95" To "R2-54"
-
Zoning Change From "R1-95" To "R2-72"
Courtice — ZBA 2023-XXXX — Schedule 4
Adrian Foster, Mayor June Gallagher, Municipal Clerk
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