Loading...
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 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. 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 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-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. 0 N m W BRIAR HILL VALLEYCREST DRIVE v GATE o}c H W W W V u p J W Li W W H Z W V HIGHWAY 2 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' N 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 ?C-,- 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 -- fir, NJ Ave poppyFIEL❑ DRIVE SC 2022-0009 ZBA 2022-0018 LL a' Lh,�� . kA T i� �•./fir _ -•.., WASHBURN PATH Stnie-Detached r r 9 Future Oewelopment 4 pLLJ - Open Space li I SWM Other Lands Owned By Applicant Road age TO 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 Q 4.1 OSubject Lands . a T• - URI E " w J A } 1 tA A r - SC 2022-0009 ZBA 2022-0018 ❑ y • k _1• .�: Am Page 6 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. Page 22 Municipality of Clarington Report PDS-050-23 Page 7 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. Page 23 Municipality of Clarington Report PDS-050-23 5. Official Plans Durham Region Official Plan Page 8 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. Page 24 Municipality of Clarington Report PDS-050-23 6. Zoning By-law 84-63 Page 9 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. Page 25 Municipality of Clarington Report PDS-050-23 8. Department and Agency Comments Page 10 8.1 The following agencies and internal departments were circulated for comments on the applications. Below is a chart showing the list of circulated parties and whether 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 Page 26 Municipality of Clarington Report PDS-050-23 Page 11 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. Page 27 Municipality of Clarington Report PDS-050-23 Page 12 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. Page 28 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 Page 29 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 , W EP ° W J 0 � o P P r W LL� Uj - 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 32 Page 30