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HomeMy WebLinkAbout2024-06-17 Planning and Development Committee Post-MeetingAgenda Date:June 17, 2024 Time:5:00 p.m. Location:Council Chambers or Electronic Participation 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 Turcotte, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at lturcotte@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio/Video Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public by on the Municipality’s website, www.clarington.net/calendar Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to an item will appear with a * beside them. Pages 1.Call to Order 2.Land Acknowledgment Statement 3.Declaration of Interest 4.Announcements 5.Presentations/Delegations 5.1 Delegation by Marilyn Morawetz, Chair, Jury Lands Foundation, and Jeremy Freiburger, Lead Consultant, Cobalt Connects, Regarding Jury Lands Cafeteria Update 4 5.2 Delegation by William Roka, Regarding Report PDS-027-24 Revised Applications by Tribute (Courtice) Limited for Zoning By-law Amendment for 309 Residential Units in Courtice 20 *5.3 Delegation by Scott Waterhouse, GHD, Regarding Report PDS-027-24 Revised Applications by Tribute (Courtice) Limited for Zoning By-law Amendment for 309 Residential Units in Courtice 22 *5.4 Delegation by Scott Waterhouse, GHD, Regarding Report PDS-028-24 Revised Application by Riley Park Developments Inc. (Tribute) for a Zoning By-law Amendment for 75 Residential Units in Courtice 24 *5.5 Delegation by Michael Fry, D.G. Biddle and Associates, Regarding Report PDS-028-24 Revised Application by Riley Park Developments Inc. (Tribute) for a Zoning By-law Amendment for 75 Residential Units in Courtice 26 *5.6 Delegation by Karine Kirchner and Paul Dillon, Regarding Report PDS- 030-24 Rezoning and Draft Plan of Subdivision for a Total of 59 Residential Units in Courtice 28 *5.7 Delegation by Brendan Graham, Project Manager, LANDx Developments, Regarding Report PDS-030-24 Rezoning and Draft Plan of Subdivision for a Total of 59 Residential Units in Courtice 31 6.Consent Agenda 6.1 PDS-027-24 - Revised Applications by Tribute (Courtice) Limited for Zoning By-law Amendment for 309 Residential Units in Courtice 33 Planning and Development Committee Agenda June 17, 2024 Page 2 6.2 PDS-028-24 - Revised Application by Riley Park Developments Inc. (Tribute) for a Zoning By-law Amendment for 75 Residential Units in Courtice 55 6.3 PDS-030-24 - Rezoning and Draft Plan of Subdivision for a Total of 59 Residential Units in Courtice 75 7.Items for Separate Discussion 8.Unfinished Business 9.New Business 10.Public Meetings (6:30 p.m.) 10.1 Public Meeting for a Municipal Initiated Official Plan Amendment and Zoning By-law Amendments 106 Planner: Jacob Circo, Planner II 10.1.1 PDS-031-24 - Public Meeting and Recommendation Report – Municipal – Initiated Official Plan Amendments and Zoning By- law Amendments 109 10.2 Public Meeting for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision 134 Location: 0 Prince William Boulevard; 1800 and 1850 Bowmanville Avenue, Bowmanville Applicant: Weston Consulting Planner: Nicole Zambri, Senior Planner 10.2.1 PDS-032-24 - Applications to Permit a Mixed-use Intensification Proposal Consisting of Nine High-rise Buildings Between 30 and 40 Storeys 136 11.Confidential Items *11.1 Verbal Update from Rob Maciver, Deputy CAO/Solicitor, Regarding Potential Property Acquisition 12.Adjournment Planning and Development Committee Agenda June 17, 2024 Page 3 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Morawetz, Freiburger Date:Thursday, June 6, 2024 9:50:39 AM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject Jury Lands Cafeteria Update to Council Action requested of Council Support for requests Date of meeting 6/17/2024 Summarize your delegation Update on work of fundraising, engagement, and recommendations regarding ongoing work Have you been in contact with staff or a member of Council regarding your matter of interest? Yes Name of the staff member or Councillor. Carlos Salazar, Brendan Grigg, Sylvia Jennings, Councilor Traill and Councilor Woo Will you be attending this meeting in person or online? In person First name: 1. Marilyn 2. Jeremy Single/Last name 1. Morawetz 2. Freiburger Page 4 How to pronounce your name: 1. Marilyn Mor-a-wets 2. Jeremy Fry-burger Firm/Organization (if applicable) 1. Jury Lands Foundation 2. Cobalt Connects Job title (if applicable) 1. Chairperson of the Board 2. Lead Consultant Address 1. 2. Town/Hamlet 1. Hampton 2. Hamilton Postal code 1. 2. Email address: Phone number Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e. Page 5 PowerPoint)? If yes, the file must be submitted to the Municipal Clerk’s Department by 2 p.m. on the Friday prior to the meeting date. Yes I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 6 J U R Y LANDS FOUNDATION PROJECT UPDATE JUNE 17, 2024 PLANNING & DEVELOPMENT COMMITTEE MUNICIPALITY OF CLARINGTON Page 7 J U RY LANDS FOUNDATION PROJECT CONTEXT Cafeteria Building 2 acres of land Frontage onto Lambs Road !!!! ! ! !!!!!!!!!!!!!! !! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! !!!!!!!!!!!!!!!! !!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!! !!!!!! !!!!!!!!!!!!!!!! ! ! ! !! ! ! !!! !!!! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!! !!!! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(PM !(H !(H !(H !(H !(H !(H k k e b bLAMBS ROADCONCESSION STREET EAST CANADIAN PACIFIC RAILWAY SOPER CREEKSOPER CREEKe PARK DRI VEPARK DRIVEBLOCK MASTER PLAN SPECIAL POLICY AREA F SEPTEMBER 2021 FIGURE 1 LEGEND Block Master Plan Boundary Low Density Residential (Height 1-4 Storeys) Medium Density Residential - Local Corridor (Height 3-6 Storeys) Municipal Wide Park Environmental Protection Area Public Roads Pedestrian And Bicycle Routes Heritage Building Stormwater Facility !!!!!! ¬«MP µ Local Trail Accessb ¬«H k Medium Density Residential - Heritage (Height 2-4 Storeys) High Density Residential/Mixed Use Local Corridor (Height 5-6 Storeys) Prominent Intersection Exhibit 'A' to the Municipality Of Clarington Official Plan Amendment No. _____ , Block Master Plan Special Study Area F. Municipal Land Cafeteria 0 50 100 150 20025 Meters Page 8 J U R Y LANDS FOUNDATION COMMUNITY CONSULTATION SURVEY Online survey of local organizations in need of space 13 surveys completed, Multiple phone and email conversations Wide range of organizations including: 172 Clarington Air Cadets ACO Clarington Ontario County Kennel Club Durham-East 4H Lakeshore New Horizons Band Lucky’s Bunker and The Orbit Sessions PNK Productions Inc. Battle City Tactical Laser Tag Great Canadian Town Band Festival Newcastle’s Art Show Sunrise Development Support Services Horticultural Society Feed the Need Durham !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!(PM!(H !(H !(H!(H!(H !(Hk k eb bLAMBS ROADCONCESSION STREET EAST CANADIAN PACIFIC RAILWAYSOPER CREEKSOPER CREEKe PARK DRIVEPARK DRIVEBLOCK MASTER PLANSPECIAL POLICYAREA FSEPTEMBER 2021FIGURE 1LEGENDBlock Master Plan BoundaryLow Density Residential(Height 1-4 Storeys)Medium Density Residential - Local Corridor(Height 3-6 Storeys)Municipal Wide ParkEnvironmental Protection AreaPublic RoadsPedestrian And Bicycle RoutesHeritage BuildingStormwater Facility!!!!!!¬«MP µLocal Trail Accessb¬«Hk Medium Density Residential - Heritage(Height 2-4 Storeys)High Density Residential/Mixed Use Local Corridor(Height 5-6 Storeys)Prominent IntersectionExhibit 'A' to the Municipality Of Clarington Official Plan Amendment No. _____ ,Block Master Plan Special Study Area F. Municipal Land Cafeteria 0 50 100 150 20025Meters Page 9 J U R Y LANDS FOUNDATION COMMUNITY CONSULTATION IN-PERSON SESSIONS Two in-person sessions with survey respondents and general public. Explored site history and existing studies Established initial programming of interest and community partnerships Discussed community impact > led to Board exploration of Canadian Index of Wellbeing Growing body of volunteers eager to engage in site development and programming Page 10 J U RY LANDS FOUNDATION STRATEGIC PLANNING STRATEGIC PLANNING SESSION RESULTS Development of Capital Campaign elements Campaign budget in development Programming Plan developed and ready for partner engagement Creation of DRAFT Capital Facility Partnership Agreement Grant writing preparation for Ontario Trillium Foundation and Legacy Fund Page 11 J U RY LANDS FOUNDATION SITE ANIMATION PLAN SUMMER / FALL 2024 100TH ANNIVERSARY SET FOR OCTOBER 9TH, 2024 Historical Walking Tours Creation of raised garden plots to launch social enterprise Creation of viewing portals in select windows Prepare space for placement of rental washrooms for events Add shippping container onsite for storage and mural project Host large-scale Flea Market and Community Day in September WINTER 2025 2024 outreach and planning Establish relationship with Pineridge Training School Survivors and Mississauga's of Scugog Island Outreach to potential summer camp operators for Summer 2025 Seek sponsors and partners for 2025 programming Call for Artists for Shipping Container Mural Development of Interpreative Signage Content Page 12 SUMMER / FALL 2024100TH ANNIVERSARY SET FOR OCTOBER 9TH, 2024Historical Walking ToursCreation of raised garden plots to launch social enterprise Creation of viewing portals in select windowsPrepare space for placement of rental washrooms for eventsAdd shippping container onsite for storage and mural projectHost large-scale Flea Market and Community Day in SeptemberWINTER 20252024 outreach and planningEstablish relationship with Pineridge Training School Survivors and Mississauga's of Scugog IslandOutreach to potential summer camp operators for Summer 2025Seek sponsors and partners for 2025 programmingCall for Artists for Shipping Container MuralDevelopment of Interpreative Signage Content J U RY LANDS FOUNDATION SITE ANIMATION PLAN SPRING 2025 Historical Walking Tours Addition of Healing Garden in partnership with Indigenous and Survivor Community Major tree pruning and removal Interior Cafeteria remediation begins Shipping container mural is painted SUMMER 2025 Historical Walking Tours with addition of new didactic stations Programming ideas in development Summer Camps oered by other agencies Family Picnic with Library & Museum Medium-scale music concert fundraiser event Dog Show with Ontario County Kennel Club Movie Nights Page 13 SPRING 2025Historical Walking ToursAddition of Healing Garden in partnership with Indigenous and Survivor CommunityMajor tree pruning and removalInterior Cafeteria remediation beginsShipping container mural is paintedSUMMER 2025Historical Walking Tours with addition of new didactic stations Programming ideas in development Summer Camps oered by other agencies Family Picnic with Library & Museum Medium-scale music concert fundraiser event Dog Show with Ontario County Kennel Club Movie Nights J U R Y LANDS FOUNDATION SITE ANIMATION PLAN FALL 2025 Programming ideas in development 2nd Annual Flea Market Harvest Dinner + Concert Fundraiser Movie Nights Theatrical or Re-enactment project Page 14 Raised-bed Gardens Social Enterprise Viewing Portal Heritage Infographics Event Washroom Placement Interpretive Signage Waynding J U R Y LANDS FOUNDATION SITE PLAN DEVELPOMENT LAMBS ROAD Page 15 Viewing Portal Heritage Infographics Raised-bed Gardens Social Enterprise Interpretive Signage Waynding LAMBS ROADPage 16 Primary Open Programming Lawn Survivor Healing Garden On-site Shipping Container Storage Mural Project Interpretive Signage Waynding LAMBS ROADPage 17 J U RY LANDS FOUNDATION VITAL NEXT STEPS LEGACY FUND $500,000 matching funding Must apply by October 1, 2024 Detailed costing on hazardous materials removal, stabilization and Phase 1 renovations Capital Facilities Partnership Agreement SITE ANIMATION Site Risk Assessment Road Access Establish Onsite Parking Volunteer & Sponsor Recruitment CAPITAL CAMPAIGN Recruit Campaign Chair Class C Estimate completed on renovation Page 18 J U R Y LANDS FOUNDATION THANK YOU Page 19 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Roka Date:Tuesday, June 11, 2024 10:15:39 AM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject Tribute Development Action requested of Council To have council listen, and to be heard. Wanting to express concerns. Date of meeting 6/17/2024 Summarize your delegation Wanting to speak to the services, traffic/trulls road, the density of the housing. Until we see it, it's hard to know what it is. Have you been in contact with staff or a member of Council regarding your matter of interest? No Will you be attending this meeting in person or online? In person First name: William Single/Last name Roka How to pronounce your name: Ro-kah Address Town/Hamlet Page 20 Courtice Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? No Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to the Municipal Clerk’s Department by 2 p.m. on the Friday prior to the meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 21 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Waterhouse Date:Friday, June 14, 2024 2:11:17 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject ZBA-2021-0015, ZBA-2021-0016 Action requested of Council approval of applications Date of meeting 6/17/2024 Summarize your delegation support for staff recommendations Have you been in contact with staff or a member of Council regarding your matter of interest? Yes Name of the staff member or Councillor. Amanda Tapp Report number (if known) PDS-027-24 and PDS-028-24 Will you be attending this meeting in person or online? In person First name: Scott Single/Last name Waterhouse Firm/Organization (if applicable) GHD Page 22 Job title (if applicable) Planning Manager Address Town/Hamlet Whitby Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? No Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to the Municipal Clerk’s Department by 2 p.m. on the Friday prior to the meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 23 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Waterhouse Date:Friday, June 14, 2024 2:11:17 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject ZBA-2021-0015, ZBA-2021-0016 Action requested of Council approval of applications Date of meeting 6/17/2024 Summarize your delegation support for staff recommendations Have you been in contact with staff or a member of Council regarding your matter of interest? Yes Name of the staff member or Councillor. Amanda Tapp Report number (if known) PDS-027-24 and PDS-028-24 Will you be attending this meeting in person or online? In person First name: Scott Single/Last name Waterhouse Firm/Organization (if applicable) GHD Page 24 Job title (if applicable) Planning Manager Address Town/Hamlet Whitby Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? No Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to the Municipal Clerk’s Department by 2 p.m. on the Friday prior to the meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 25 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Fry Date:Wednesday, June 12, 2024 3:55:39 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject Objection to the Recommendation Report PDS-028-24 Action requested of Council To consider the facts provided for the decision to be made Date of meeting 6/17/2024 Summarize your delegation Delegation on behalf of the property owner to the north of the proposed zoning by-law amendment to express concern for the recommendation of approval Have you been in contact with staff or a member of Council regarding your matter of interest? No Report number (if known) Report PDS-028-24 Will you be attending this meeting in person or online? In person First name: Michael Single/Last name Fry Firm/Organization (if applicable) D.G. Biddle & Associates Page 26 Address Town/Hamlet Oshawa Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to the Municipal Clerk’s Department by 2 p.m. on the Friday prior to the meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 27 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Kirchner, Dillon Date:Friday, June 14, 2024 1:10:39 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject Proposed development 1440 Gord Vinson Ave, Courtice Action requested of Council Reconsider planned development recommendations Date of meeting 6/17/2024 Summarize your delegation Reconsideration request and explanation as to why single family homes are not being considered on the east side to conform with single family homes on Eastfield Cres. 2) Clarification request on updated tree preservation plan. (ex.which trees will be removed within the highlighted area on the east side?; etc..) 3) Fencing concerns regardless of tree preservation. 4) Other comments/concerns to be put forward during the meeting as we have had an insufficient amount of time to review the 31 page recommendation report.. Have you been in contact with staff or a member of Council regarding your matter of interest? Yes Name of the staff member or Councillor. Nicole Zambri Report number (if known) file S-C-2022-0011 & ZBA2022-0021-1440 Gord Vinson Ave, Courtice Will you be attending this meeting in person or online? Online First name: Page 28 1. Karine 2. Paul Single/Last name 1. Kirchner 2. Dillon How to pronounce your name: 1. "Kar" "in" 2. [Blank] Address Town/Hamlet 1. Courtice 2. Courtice Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? No Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to the Page 29 Municipal Clerk’s Department by 2 p.m. on the Friday prior to the meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 30 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Graham Date:Thursday, June 13, 2024 2:35:43 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject PDS-030-24 - Rezoning and Draft Plan of Subdivision for a total of 59 residential units in Courtice Action requested of Council Request support for recommendations within PDS-030-24 Date of meeting 6/17/2024 Summarize your delegation Attending Committee on behalf of the Applicant to voice support for recommendations within PDS-030-24, and be available for any questions from the Committee. Have you been in contact with staff or a member of Council regarding your matter of interest? Yes Name of the staff member or Councillor. Nicole Zambri Report number (if known) PDS-030-24 Will you be attending this meeting in person or online? Online First name: Brendan Single/Last name Graham Page 31 Firm/Organization (if applicable) LANDx Developments Job title (if applicable) Project Manager Address Town/Hamlet Burlington Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? No Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to the Municipal Clerk’s Department by 2 p.m. on the Friday prior to the meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 32 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: June 17, 2024 Report Number: PDS-027-24 Authored by: Amanda Tapp Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Reviewed By: Rob Maciver, Acting CAO By-law Number: Resolution Number: File Number: ZBA2021-0016 (Cross Reference S-C-2021-0006) Report Subject: Revised Applications by Tribute (Courtice) Limited for Zoning By-law Amendment for 309 residential units in Courtice. Recommendations: 1. That Report PDS-027-24 and any related delegations or communication items, be received; 2. That the Zoning By-law Amendment application submitted by Tribute (Courtice) Limited be approved as contained in Attachment 1 to Report PDS-027-24; 3. That once all conditions contained in the Zoning By-law with respect to the removal of the (H) Holding Symbol 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- 027-24 and Council’s decision; and; 5. That all interested parties listed in Report PDS-027-24 and any delegations be advised of Council’s decision. Page 33 Municipality of Clarington Page 2 Report PDS-027-24 Report Overview This is a recommendation report relating to the applications for a Zoning By-law Amendment by Tribute (Courtice) Limited to permit 139 single detached dwellings, 59 street townhouse dwellings and a regional corridor block. The Plan also contains a neighbourhood park block, a school block, an open space block, a stormwater management block, a walkway block, and roads to be dedicated to the Municipality. 1. Application Details 1.1 Owner/Applicant: Tribute (Courtice) Limited (also legally know as Ridgeworth Developments Inc. and Limerock Developments Inc.) 1.2 Proposal: Zoning By-law Amendment To rezone a portion of the lands from “Agricultural (A)” to an appropriate “Urban Residential (R3)” Zone that would permit single detached and townhouse dwellings with the proposed lot sizes and provisions and “Environmental Protection (EP)” Zone. 1.3 Area: 31.18 hectares (77.0 acres) 1.4 Location: 1588 Bloor Street, northwest of Bloor Street and Trulls Road, Courtice 1.5 Roll Numbers: 1817-010-060-06600 and 1817-010-060-07404 1.6 Within the Built Boundary: No Page 34 Municipality of Clarington Page 3 Report PDS-027-24 Figure 1 – Area Subject to Applications Page 35 Municipality of Clarington Page 4 Report PDS-027-24 2. Background 2.1 In November 2021, Tribute (Courtice) Limited submitted applications for a proposed Draft Plan of Subdivision and Zoning By-law Amendment for lands at 1588 Bloor Street, Courtice 2.2 A Statutory Public Meeting was held on January 16, 2023, to provide background information regarding the applications and to obtain public comments. The initial proposal consisted of 347 residential units, consisting of 136 single detached units, 32 semi-detached units, 68 freehold townhouses and 111 condominium townhouses. 2.3 Since the Public Meeting Report, the applicant has worked towards resolving staff, agency, and public comments. The latest Draft Plan of Subdivision has been revised as follows:  The unit count (for the freehold lots) was reduced from 336 units consisting of 136 single detached dwellings, 32 semi-detached dwellings and 68 townhouse dwellings to 198 units consisting of 139 single detached dwellings and 59 street townhouse dwellings;  The park block has been relocated adjacent to the school block and has an area of 1.5 hectares as required by Secondary Plan policy;  A former future development block adjacent to Trulls Road has been lotted out for single detached dwellings accessed by a public lane. 2.4 A summary of the public submissions from the Statutory Public Meeting is provided in Section 8 of this report. 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are located at the north-west corner of Bloor Street and Trulls Road within the Southeast Courtice Secondary Plan area. The subject lands are bounded by: Bloor Street to the south, a Type ‘A’ Arterial Road under the jurisdiction of the Region of Durham; Trulls Road to the east, a Type ‘B’ Arterial Road under the jurisdiction of the Municipality of Clarington and to the north, in part, by Meadowglade Road, a Type ‘C’ Arterial Road under the jurisdiction of the Municipality of Clarington. Page 36 Municipality of Clarington Page 5 Report PDS-027-24 3.2 The most prominent feature on the subject lands is the valley of Robinson Creek and the associated valley slopes. These occupy most of the western half of the proposed Draft Plan of Subdivision. The eastern half of the property is currently farmland which slopes gently in a northeast-to-southwest direction. 3.3 Figure 2 shows the location of the Riley Park Developments Inc. (Tribute Communities) applications adjacent to the subject lands to the north. The planning opinions, conclusions and recommendations are based on a comprehensive consideration of the two plans together. Figure 2 – Aerial Imagery of subject lands and surrounding lands Subject Lands Page 37 Municipality of Clarington Page 6 Report PDS-027-24 3.4 The neighbouring lands are currently used predominantly for agricultural purposes but are slated for future urban development. They are described as follows: North: Vacant cultivated lands subject to Draft Plan of Subdivision and Zoning By-law Amendment Applications (S-C 2021-0005, ZBA 2021-0015). West: Vacant, Robinson Creek and further west are stacked townhouse currently under construction. East: Trulls Road, one vacant and existing dwelling on large lots. South: Vacant lands subject to approved Draft Plan of Subdivision and Zoning By-law Amendment applications (S-C 2021-0007, ZBA 2021-0017). 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement 2020 (PPS) provides policy direction on land use planning and development for matters of provincial interest. This includes protecting Provincial resources, public health and safety, and the quality of the natural and built environment. These objectives are to be achieved through efficient land use planning. Through land use designations and policies, municipal official plans and secondary plans are the most important vehicle for implementing the PPS. 4.2 The Provincial Policy Statement focuses on growth and development within urban and rural settlement areas. Development within these areas must meet the full range of current and future needs of its population by employing efficient development patterns and avoiding significant or sensitive resources and areas which may pose a risk to public health and safety. Land use patterns should promote a mix of housing, including affordable housing, employment, recreation, parks and open spaces, and transportation choices that increase the use of active transportation and transit before other modes of travel. 4.3 The applications are consistent with the Provincial Policy Statement. Page 38 Municipality of Clarington Page 7 Report PDS-027-24 Provincial Growth Plan 4.4 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. 4.5 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. 4.6 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. 4.7 In order to promote intensification, the Growth Plan has mapped a Built Boundary that identifies the limits of existing development. Lands outside of the Built Boundary are designated as Greenfield Areas. The Growth Plan calls for new developments in Greenfield Areas to achieve a minimum density target of 50 residents and jobs combined per gross hectare. The subject lands are designated Greenfield Areas. 4.8 The Growth Plan requires the protection and management of important hydrologic and natural heritage features and areas in planning for future growth. Planning for large-scale development in designated Greenfield Areas within the Southeast Courtice Secondary Plan area is informed by the Robinson / Tooley Sub watershed Plan. 4.9 The applications conform with the policies and objectives of the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas and Regional Corridors along Bloor Street. Page 39 Municipality of Clarington Page 8 Report PDS-027-24 5.2 Lands designated Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes, and tenure to provide living accommodations and address various socio-economic factors. Development applications in Living Areas must consider having a compact built form, including providing intensive residential and mixed uses along arterial roads and transit routes. Consideration must also be given to urban design, pedestrian connections, a grid pattern of roads, and the availability of services and infrastructure. 5.3 The Region’s Official Plan establishes a framework for Regional Corridors. Corridors are considered the main arteries of the Region’s urban structure. Corridors will be developed to include, among other things, the promotion of pedestrian activity and public transit ridership through well-designed development, a mix of uses at higher densities, and sensitive urban design that orients development to the corridor, complemented by the consolidation of access points and preserving and enhancing cultural heritage resources. The built form should be a wide variety of building forms, generally mid-rise in height, with some higher buildings. 5.4 Region of Durham Official Plan policy supports the provision of affordable housing units throughout Clarington. The Region of Durham Official Plan also supports the provision of a range of residential unit types in order to support families, seniors, and special needs groups. 5.5 The applications conform with the policies and objectives of the of Durham Region Official Plan. Clarington Official Plan 5.6 The Clarington Official Plan seeks to create walkable neighbourhoods and to provide a variety of uses within each neighbourhood. New neighbourhoods will have a variety of housing densities, tenure and types for all incomes, ages, and lifestyles. Three key principles which provide direction for the policies of the Official Plan are: sustainable development, healthy communities, and growt h management. 5.7 The Clarington Official Plan designates the subject lands as Urban Residential, Regional Corridor and Environmental Protection Area. 5.8 The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure, and types. Neighbourhoods must be walkable, compact, connected and create a high-quality public realm. Page 40 Municipality of Clarington Page 9 Report PDS-027-24 5.9 Regional Corridors shall provide for intensification, mixed-use development and pedestrian and transit-supportive development. The development of Regional Corridors aims to improve the public realm and establish walkable, transit- supportive corridors through high-quality streetscaping and built form. 5.10 The lands associated with the headwaters and tributaries of Tooley Creek, and Robinson Creek are designated Environmental Protection Areas. 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. 5.11 The applications conform with the policies and objectives of the Clarington Official Plan. Southeast Courtice Secondary Plan 5.12 The Southeast Courtice Secondary Plan designates the subject lands as Medium Density Regional Corridor, Low Density Residential, Environmental Protection Area and Neighbourhood Park. There are also elementary school and stormwater management facility symbols shown on the lands. 5.13 The Secondary Plan establishes that development within the Medium Density Regional Corridor designation shall have an overall average density of 85 units per net hectare. In no case shall an individual development application have a density of less than 60 units per net hectare. Development on lands designated Low Density Residential shall have a minimum net density of 13 units per hectare and shall not exceed three storeys in height. 5.14 Within the Medium Density Regional Corridor designation, the predominant use of lands is a mix of housing types and tenures in mid-rise building forms. The highest and densest built form shall front on Bloor Street. Retail and service uses are to be provided at strategic locations to reinforce the community structure and provide access to local amenities within walking distance for residents of the surrounding areas. 5.15 The Secondary Plan identifies the intersection of Bloor Street and Trulls Road as a Prominent Intersection. Within Regional Corridors, the greatest heights and densities shall occur at Prominent Intersections and the nodes which surround them. The Prominent Intersection at Bloor Street and Trulls Road shall feature built form no less than four storeys in height and is encouraged to include retail and service uses that provide amenities to the surrounding neighbourhoods. 5.16 The Secondary Plan establishes policies to ensure that development contributes to an attractive and animated public realm, fine grain connectivity, an enhanced pedestrian environment, and appropriate transitions between areas of different development intensity and uses. Page 41 Municipality of Clarington Page 10 Report PDS-027-24 5.17 The applications conform with the policies and objectives of the Southeast Courtice Secondary Plan. Southeast Courtice Urban Design and Sustainability Guidelines 5.18 Southeast Courtice Urban Design and Sustainability Guidelines were approved to provide direction in the form of design guidance and strategies to implement the vision and objectives of the Southeast Courtice Secondary Plan. Guidance addresses community structure, street, and block patterns, built form, public realm (including roads), cultural and natural heritage, stormwater management, transitions between uses and implementation. 5.19 The applications conform with the policies and objectives of the Southeast Courtice Urban Design and Sustainability Guidelines. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands “Agricultural (A)”. 6.2 A Zoning By-law Amendment proposes to place the subject lands in an appropriate R3 Urban Residential zone subject to a Holding zone to implement the Draft Plan of Subdivision. Open space lands and their buffers would be placed in the Environmental Protection (EP) Zone. A draft Zoning By-law Amendment for the subject lands is provided as Attachment 3 to this report. 6.3 The Holding zone will remain on the lands until the necessary conditions of draft approval and development agreements are in place for the draft plan of subdivision. The development agreements will require the applicant to, among other matters:  address the recommendations of the background studies, including submission of additional information, plans, and reports; and  provide for municipal services and road works that will service the development. 6.4 The regional corridor block will remain zoned “Agricultural (A)” until such time as the necessary concept plans have been provided to staff for consideration . A subsequent report to the Planning and Development Committee to recommend a proposed zoning change for the regional corridor block will be scheduled at the appropriate time. Page 42 Municipality of Clarington Page 11 Report PDS-027-24 7. Summary of Background Studies Planning Justification Report, November 2021, revised January 2024 7.1 The Planning Report prepared and submitted in support of the proposal concludes that the applications represent good planning and are in the public interest. Functional Servicing Report, revised February 2024 7.2 The Functional Servicing Report submitted in support of the proposal concludes that subject to a trunk water and sewer extension in Baseline Road from Trulls Road to Courtice Road, water and sanitary services will be available to service the proposed plan of subdivision. An appropriate condition of draft approval will be imposed. Stormwater Management Report, revised February 2024 7.3 The Stormwater Management Report submitted in support of the proposal concludes that subject to the construction of storm sewer connections and related infrastructure within the road allowances and the construction of the proposed stormwater management facility on Block 156, stormwater management is available for this proposed plan of subdivision. Noise Impact Study, revised January 2024 7.4 The Noise Impact Study submitted in support of the proposal concludes that subject to noise mitigation measures (acoustic fencing, upgraded building materials, mandatory air conditioning) and warning clauses that the sound levels for future residents are acceptable. An appropriate condition of draft approval will be imposed. 7.5 An update to the Noise Impact Study will be required for Regional Corridor block 152 when subsequent planning applications are submitted detailing the proposed development for that block. Phase II Environmental Site Assessment, June 2023 7.6 The Phase II Environmental Site Assessment concludes that no risk assessment or remediation is required prior to a Record of Site Condition being submitted to the Ministry of the Environment, Conservation and Parks. An appropriate condition of draft approval will be imposed. Page 43 Municipality of Clarington Page 12 Report PDS-027-24 Environmental Impact Study, November 2021; update memo February 2024 7.7 The Environmental Impact Study submitted in support of the proposal concludes that, subject to appropriate buffers and grading, the proposal will not have a negative impact on the natural heritage system. Energy Efficiency and Sustainability Plan, November 2021, amended January 2024 7.8 The Energy Efficiency and Sustainability Plan submitted in support of the proposal concludes that the proposal meets the principles of Sustainable Development as outlined in the Municipality of Clarington Official Plan. Stage 1, 2 and 3 Archaeological Assessment, November 2018, and February 2020 7.9 The Stage 1 and 2 Archaeological Assessments submitted in support of the proposal determined that there is high cultural heritage value and interest potential for recovering significant archaeological resources within the boundaries of the current Study Area. However, upon completion of the Stage 3 Assessment it was determined that a Stage 4 Assessment is not warranted . It is recommended that development not proceed before receiving confirmation from the Ministry of Heritage, Sport, Tourism, and Culture Industries, (MHSTCI) that the report has been reviewed and entered into the Provincial Register of Reports, and all other government agencies have signed off. An appropriate condition of draft approval will be imposed. Transportation Impact Study, revised February 2024 7.10 The Transportation Impact Study submitted in support of the proposal concludes that:  Traffic anticipated to be generated by the proposed development can be accommodated by the study road network;  The proposed development should implement the TDM measures and incentives identified in the report to support active transportation and transit and to reduce the numbers of single-occupant-vehicle trips to and from the proposed development; and  The proposed development provides sufficient on-street parking. Page 44 Municipality of Clarington Page 13 Report PDS-027-24 8. Public Submissions 8.1 A Statutory Public Meeting was held on January 16, 2023. Notification was provided to all property owners within 120 metres of the subject lands. Signage was posted on the lands and notification was also posted to the Municipality’s website. 8.2 No member of the public spoke at the statutory public meeting. Staff received comments from a local councillor and enquiries from members of the public. The public enquiries were general in nature, requesting additional information on the files. 8.3 These comments are discussed in Section 10 of this report. 9. Department and Agency Comments 9.1 Various agencies and internal departments were circulated for comments on the application. Circulated departments and agencies did not provide objections to the proposed Zoning By-law Amendment. Comments received focused on the proposed Draft Plan of Subdivision S-C-2021-0006. Comment received pertaining to the Draft Plan of Subdivision will be addressed prior to issuance of Draft Approval by the Deputy CAO of Planning and Infrastructure Services. 10. Discussion 10.1 The proposed development of 139 single detached dwellings and 59 street townhouse dwellings helps to meet Provincial Growth Plan targets by adding dwellings within the existing urban area. 10.2 The proposed development includes a neighbourhood park and environmental protection lands being conveyed to the Municipality, which meets municipal objectives and helps protect the natural heritage system. 10.3 New roads and other services will be provided to service this development and planned future developments to the north, south and east. The road pattern allows for connectivity to the planned future developments to the north, south and east. More specifically, the proposed road network provides for proper road connectivity and integration with the future development lands to the north (Riley Park Developments, Tribute, SC-2021-0005). 10.4 The proposed development relies on a trunk sewer extension in Baseline Road from Trulls Road to Courtice Road. The applicant is aware of these servicing constraints and has agreed to the appropriate conditions of draft approval being included. 10.5 The circulated external agencies, authorities and internal departments have no objection to the Zoning By-law Amendment application subject to conditions that will be implemented through draft approval process. Page 45 Municipality of Clarington Page 14 Report PDS-027-24 10.6 The proposed development meets the intent of the Provincial Policy Statement, the Growth Plan, the Durham Region Official Plan, and the Clarington Official Plan. 10.7 The proposed development represents good planning. Addressing Comments from Residents 10.8 While no members of the public spoke at the January 2023 statutory public meeting, staff received comments from a local councillor and enquiries from various members of the public. The public enquiries were general in nature, requesting additional information on the files. 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 neighbourhood park, environmental protection lands, walkways and road infrastructure will be included in future operating budgets upon acceptance. Perfect Storm Report 11.3 On April 15, 2024, Council endorsed the CAO's ‘Perfect Storm” report which expressed significant concerns related to recent changes to Provincial legislation resulting in reduced parkland dedication for new neighborhoods. Council passed resolution April 15, 2024, on directing staff to conduct Fiscal Impact Assessments for any developments impacted by Bill 23, while continuing to process applications, to ensure that both Council and the community understand the full cost of these changes. 11.4 Staff met with Tribute representatives, and they agreed to provide the parkland requirements pre-bill 23 for their applications and at no cost to the municipality for any over-dedication. There are no parkland reductions from these applications compared to the approved Secondary Plan. Therefore, there is no need to undertake an update of the Fiscal Impact Assessment as there are no additional costs to the Municipality. 12. Concurrence 12.1 Not Applicable. Page 46 Municipality of Clarington Page 15 Report PDS-027-24 13. Conclusion 13.1 In consideration of all Agency, Staff and Public comments, it is respectfully recommended that the Zoning By-law Amendment as written in Attachment 1 as submitted by Tribute (Courtice) Limited, be supported and approved respectively. Staff Contact: Amanda Tapp, Manager, Development Review 905-623-3379 Ext 2427 or atapp@clarington.net. Attachments: Attachment 1 – Zoning By-law Amendment Interested Parties: List of Interested Parties available from Planning and Infrastructure Services Department. Page 47 Attachment 1 to PDS-027-24 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Corporation of the Municipality of Clarington By-law Number 2024 – ____ Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2021-0016 Now therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6. “Urban Residential Type Three (R3) Zone” is amended by introducing a new Subsection 14.6.75 as follows: “Section 14.6.75 “Urban Residential Type Three Exception (R3- 75) Zone” Notwithstanding Sections 3.16c, 3.16e (vi) and (vii), 3.28, Sections 12.1 a. and b., 12.2 a. i) and ii), b. i) and ii) and c. i) and ii), d. i), ii), iii) and iv), f. i) and ii), h., i., and Sections 14.1 a. and b. and 14.3 a. i) and ii), b. i) and ii), and c. i), ii), iii) and iv), e., f, g., and h.; no person shall use any land or erect or use any building or structure in an R3-75 zone for any purpose unless the provisions of this Section and the applicable provisions not amended by the R3-75 zone are satisfied: a. Permitted Uses i) Single-detached dwelling ii) Semi-detached dwelling; iii) Street townhouse dwelling iv) Elementary School b. Regulations for single detached and semi-detached dwellings i) Lot Area (Minimum) a. Single-detached dwelling 245 square metres Page 48 Attachment 1 to PDS-027-24 b. Semi-detached dwelling 450 square metres ii) Lot Frontage (Minimum) a. Single Detached dwelling i. Interior Lot 9.0 metres ii. Exterior Lot 12.0 metres b. Semi-detached dwelling i. Interior Lot 15.0 metres ii. Exterior Lot 18.0 metres iii) Yard Requirements (Minimum) a. For all through lots abutting a road on both sides or a road on one side and a laneway on the other side, the front lot line shall be the line that abuts the throughfare with the greater right-of-way. b. Exterior Side Yard i. Single detached Dwelling 3.0 metres ii. Semi-detached Dwelling 3.0 metres c. Interior Side Yard i. Single detached Dwelling 1.2 metres and 0.6 metres on the other side ii. Semi-detached Dwelling 1.2 metres on one side only d. Rear Yard i. Single detached Dwelling 7.5m, except where a private garage is accessed from a public lane or public street, the rear yard shall be a minimum of 0.6 meters. ii. Semi-detached Dwelling 7.5m, except where a private garage is accessed from a public lane or public street, the rear yard shall be a minimum of 0.6 meters. Page 49 Attachment 1 to PDS-027-24 iv) Lot Coverage (Maximum) i. Single detached Dwelling 50 percent for the dwelling, 55 percent for all buildings and structures ii. Semi-detached Dwelling 50 percent for the dwelling, 55 percent for all buildings and structures v) Building Height (Maximum) 12 metres vi) Parking Requirements (Minimum) a. Single detached Dwelling: 2 parking spaces per dwelling b. Semi-detached Dwelling: 2 parking spaces per dwelling vii) On a single-detached lot with an interior lot width of less than 11 meters or an exterior lot width of less than 13 meters, a maximum driveway width of 3.5 metres shall be permitted. viii) For a semi-detached dwelling unit, a maximum driveway width of 3.5 metres shall be permitted. ix) Provisions of Section 3.28 regarding Visibility Triangles shall not apply to the intersection of a public road and a public laneway or the intersection of a public laneway and a public laneway. x) Height of floor deck of unenclosed porch above finished grade (maximum) 1.5 metres xi) A covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: a. In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage; b. In the case of an exterior lot, an unenclosed porch/balcony up to a maximum 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. Page 50 Attachment 1 to PDS-027-24 xii) For garages accessed via the front yard, vehicle doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection. xiii) The minimum setback to a sight triangle shall be 1.0m metre. In addition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building; either above or below grade; may project into any required yard to a distance no closer than 0.5 metres to a sight triangle. xiv) Steps may project into the required front, rear, or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be less than 1.0 metre. c. Regulations for street townhouse dwellings i) Lot Area (Minimum) 150 square metres ii) Lot Frontage (Minimum) a. Interior Lot 6.0 metres b. Exterior Lot 9.0 metres iii) Yard Requirements (Minimum) a. For all through lots abutting a road on both sides or a road on one side and a laneway on the other side, the front lot line shall be the line that abuts the throughfare with the greater right-of-way. b. Interior Side yard 1.2 metres and nil where a building has a common wall with any building on an adjacent lot c. Exterior Side Yard 3.0 metres d. Rear yard 6.0 metres, except where a private garage is accessed from a public lane or public street, the rear yard shall be a minimum of 0.6 meters. xv) Lot Coverage (Maximum) 55 percent for the dwelling and 60 percent for all buildings and structures Page 51 Attachment 1 to PDS-027-24 xvi) Landscaped Open Space (Minimum) a. Lot 25 percent b. Front yard 40 percent soft landscaping in the front yard xvii) Building Height (Maximum) 12 metres xviii) A maximum driveway width of 3 metres shall be permitted. xix) Provisions of Section 3.28 regarding Visibility Triangles shall not apply to the intersection of a public road and a public laneway or the intersection of a public laneway and a public laneway. xx) Height of floor deck of unenclosed porch above finished grade (maximum) 1.5 metres xxi) A covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: a. In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage; b. In the case of an exterior lot, an unenclosed porch/balcony up to a maximum 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. xxii) For garages accessed via the front yard, vehicle doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection. xxiii) The minimum setback to a sight triangle shall be 1.0m metre. In addition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building; either above or below grade; may project into any required yard to a distance no closer than 0.5 metres to a sight triangle. xxiv) Steps may project into the required front, rear or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be less than 1.0 metre. Page 52 Attachment 1 to PDS-027-24 2. Schedule “4” to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Agricultural (A) Zone” to “Environmental Protection (EP) Zone” “Agricultural (A) Zone” to “Holding - Urban Residential Exception (R3-75) 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 Section 36 of the Planning Act. Passed in Open Council this _____ day of __________, 2024. __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Page 53 Attachment 1 to PDS-027-24 Page 54 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: June 17, 2024 Report Number: PDS-028-24 Authored by: Amanda Tapp Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Reviewed By: Rob Maciver, Acting CAO By-law Number: Resolution Number: File Number: ZBA2021-0015 (Cross Reference S-C-2021-0005) Report Subject: Revised Application by Riley Park Developments Inc. (Tribute) for a Zoning By-law Amendment for 75 residential units in Courtice. Recommendations: 1. That Report PDS-028-24 and any related delegations or communication items, be received; 2. That the Zoning By-law Amendment application submitted by Riley Park Developments Inc. (Tribute) be approved as contained in Attachment 1 to Report PDS-028-24; 3. That once all conditions contained in the Zoning By-law with respect to the removal of the (H) Holding Symbol 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- 028-24 and Council’s decision; and 5. That all interested parties listed in Report PDS-028-24 and any delegations be advised of Council’s decision. Page 55 Municipality of Clarington Page 2 Report PDS-028-24 Report Overview This is a recommendation report relating to the applicatio n for a Zoning By-law Amendment by Riley Park Developments Inc. (Tribute) to permit 63 single detached dwellings and 12 street townhouse dwellings in Courtice. The Plan also contains two open space blocks and roads to be dedicated to the Municipality. 1. Application Details 1.1 Owner/Applicant: Riley Park Developments Inc. (Tribute Communities) 1.2 Proposal: Zoning By-law Amendment To rezone a portion of the lands from “Agricultural (A)” to an appropriate “Urban Residential (R3)” Zone that would permit single detached and townhouse dwellings with the proposed lot sizes and provisions and “Environmental Protection (EP)” Zone. 1.3 Area: 4.81 hectares (11.9 acres) 1.4 Location: 2212 Trulls Road, Courtice 1.5 Roll Number: 1817-010-060-06325 1.6 Within Built Boundary No Page 56 Municipality of Clarington Page 3 Report PDS-028-24 Figure 1 – Area Subject to Application Page 57 Municipality of Clarington Page 4 Report PDS-028-24 2. Background 2.1 In November 2021, Riley Park Developments Inc. (Tribute Communities) submitted applications for a proposed Draft Plan of Subdivision and Zoning By-law Amendment for lands at 2212 Trulls Road, Courtice. 2.2 A Statutory Public Meeting was held on January 16, 2023, to provide background information regarding the applications and to obtain public comments. The initial proposal consisted of 89 residential units, consisting of 65 single detached units, 12 semi-detached units and 12 block townhouses. 2.3 Since the Public Meeting Report, the applicant has worked towards resolving staff, agency, and public comments. The latest Draft Plan of Subdivision has been revised as follows  The unit count (for the freehold lots) was reduced from 89 units consisting of 65 single detached dwellings, 12 semi-detached dwellings and 12 townhouse dwellings to 75 units consisting of 63 single detached dwellings and 12 street townhouse dwellings;  A parcel of land abutting the south side of Meadowglade Road (0.23 ha) has been added to the plan to provide for a direct collector road connection to Meadowglade Road.  A townhouse block adjacent to Trulls Road has been lotted out for freehold townhouses accessed by an additional public road. 2.4 A summary of the public submissions from the Statutory Public Meeting is provided in Section 8 of this report. 3. Land-Use Characteristics and Surrounding Uses 3.1 The subject lands are located north of the corner of Bloor Street and Trulls Road within the Southeast Courtice Secondary Plan area. The subject lands are bounded by: Trulls Road to the east, a Type ‘B’ Arterial Road under the jurisdiction of the Municipality of Clarington and to the north, in part, by Meadowglade Road, a Type ‘C’ Arterial Road under the jurisdiction of the Municipality of Clarington. They are bounded on the west by a stormwater management block owned by the Municipality of Clarington and on the south by vacant lands subject to Draft Plan of Subdivision and Zoning By-law Amendment applications (S-C-2021-0006, ZBA 2021- 0016). 3.2 A portion of the site is cultivated, the balance is covered with trees and shrubs. Page 58 Municipality of Clarington Page 5 Report PDS-028-24 3.3 Figure 2 shows the location of the Tribute (Courtice) Limited applications adjacent to the subject lands to the south. The planning opinions, conclusions and recommendations are based on the consideration of the two plans together. Figure 2 – Aerial Imagery of subject lands and surrounding lands Subject Lands Page 59 Municipality of Clarington Page 6 Report PDS-028-24 3.4 The neighbouring uses are described as follows: South: Vacant cultivated lands subject to Draft Plan of Subdivision and Zoning By-law Amendment Applications (S-C 2021-0006, ZBA 2021- 0016). West: Stormwater management block in public ownership East: Vacant and existing dwellings on large lots. North: Meadowglade Road in part and vegetated lands designated Environmental Protection in the South-east Courtice Secondary Plan. 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement 2020 (PPS) provides policy direction on land use planning and development for matters of provincial interest. This includes protecting Provincial resources, public health and safety, and the quality of the natural and built environment. These objectives are to be achieved through efficient land use planning. Through land use designations and policies, municipal official plans and secondary plans are the most important vehicle for implementing the PPS. 4.2 The Provincial Policy Statement focuses on growth and development within urban and rural settlement areas. Development within these areas must meet the full range of current and future needs of its population by employing efficient development patterns and avoiding significant or sensitive resources and areas which may pose a risk to public health and safety. Land use patterns should promote a mix of housing, including affordable housing, employment, recreation, parks and open spaces, and transportation choices that increase the use of active transportation and transit bef ore other modes of travel. 4.3 The applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.4 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 Page 60 Municipality of Clarington Page 7 Report PDS-028-24 4.5 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. 4.6 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. 4.7 In order to promote intensification, the Growth Plan has mapped a Built Boundary that identifies the limits of existing development. Lands outside of the Built Boundary are designated as Greenfield Areas. The Growth Plan calls for new developments in Greenfield Areas to achieve a minimum density target of 50 residents and jobs combined per gross hectare. The subject lands are designated Greenfield Areas. 4.8 The Growth Plan requires the protection and management of important hydrologic and natural heritage features and areas in planning for future growth. Planning for large- scale development in designated Greenfield Areas within the Southeast Courtice Secondary Plan area is informed by the Robinson / Tooley Sub watershed Plan. 4.9 The applications conform with the policies and objectives of the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas. 5.2 Lands designated Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes, and tenure to provide living accommodations and address various socio-economic factors. Development applications in Living Areas must consider having a compact built form, including providing intensive residential and mixed uses along arterial roads and transit routes. Consideration must also be given to urban design, pedestrian connections, a grid pattern of roads, and the availability of services and infrastructure. 5.3 Region of Durham Official Plan policy supports the provision of affordable housing units throughout Clarington. The Region of Durham Official Plan also supports the provision of a range of residential unit types in order to support families, seniors, and special needs groups. Page 61 Municipality of Clarington Page 8 Report PDS-028-24 5.4 The applications conform with the policies and objectives of the of Durham Region Official Plan. Clarington Official Plan 5.5 The Clarington Official Plan seeks to create walkable neighbourhoods and to provide a variety of uses within each neighbourhood. New neighbourhoods will have a variety of housing densities, tenure and types for all incomes, ages, and lifestyles. Three key principles which provide direction for the policies of the Official Plan are: sustainable development, healthy communities, and growth management. 5.6 The Clarington Official Plan designates the subject lands as Urban Residential and Environmental Protection Area. 5.7 The Urban Residential designation shall predominantly be used for housing purposes, providing for a variety of densities, tenure, and types. Neighbourhoods must be walkable, compact, connected and create a high-quality public realm. 5.8 Environmental Protection Areas are recognized as the most significant co mponents of the Municipality’s natural environment, and their ecological functions are to be conserved and protected. 5.9 The applications conform with the policies and objectives of the Clarington Official Plan. Southeast Courtice Secondary Plan 5.10 The Southeast Courtice Secondary Plan designates the subject lands as Low Density Residential and Environmental Protection Area. 5.11 The Secondary Plan establishes that development on lands designated Low Density Residential shall have a minimum net density of 13 units per hectare and shall not exceed three storeys in height. 5.12 The Secondary Plan establishes policies to ensure that development contributes to an attractive and animated public realm, fine grain connectivity, an enhanced pedestrian environment, and appropriate transitions between areas of different development intensity and uses. 5.13 The applications conform with the policies and objectives of the Southeast Courtice Secondary Plan. Page 62 Municipality of Clarington Page 9 Report PDS-028-24 Southeast Courtice Secondary Plan 5.14 Southeast Courtice Urban Design and Sustainability Guidelines were approved to provide direction in the form of design guidance and strategies to implement the vision and objectives of the Southeast Courtice Secondary Plan. Guidance addresses community structure, street, and block patterns, built form, public realm (including roads), cultural and natural heritage, stormwater management, transitions between uses and implementation. 5.15 The applications conform with the policies and objectives of the Southeast Courtice Urban Design and Sustainability Guidelines. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands “Agricultural (A)”. 6.2 A Zoning By-law Amendment proposes to place the subject lands in an appropriate R3 Urban Residential zone subject to a Holding zone to implement the Draft Plan of Subdivision. Open space lands and their buffers would be placed in the Environmental Protection (EP) Zone. A draft Zoning By-law Amendment for the subject lands is provided as Attachment 3 to this report. 6.3 The Holding zone will remain on the lands until the necessary conditions of draft approval and development agreements are in place for the draft plan of subdivision. The development agreements will require the applicant to, among other matters:  Address the recommendations of the background studies, including submission of additional information, plans, and reports; and  Provide for Municipal services and road works that will service the development. 7. Summary of Background Studies Planning Justification Report, November 2021, revised January 2024 7.1 The Planning Report prepared and submitted in support of the proposal concludes that the applications represent good planning and are in the public interest. Page 63 Municipality of Clarington Page 10 Report PDS-028-24 Functional Servicing Report, November 2021, revised February 2024 7.2 The Functional Servicing Report submitted in support of the proposal concludes that subject to a trunk water and sewer extension in Baseline Road from Trulls Road to Courtice Road, water and sanitary services will be available to service the proposed plan of subdivision through the proposed plan of subdivision to the south (SC-2021- 0006). An appropriate condition of draft approval will be imposed. Stormwater Management Report, November 2021, revised February 2024 7.3 The Stormwater Management Report submitted in support of the proposal concludes that subject to the construction of storm sewer connections and related infrastructure within the road allowances and the construction of the proposed stormwater management facility on lands to the south (SC-2021-0006), stormwater management is available for this proposed plan of subdivision. Noise Impact Study, November 2021, revised January 2024 7.4 The Noise Impact Study submitted in support of the proposal concludes that subject to noise mitigation measures (acoustic fencing, upgraded building materials, mandatory air conditioning) and warning clauses that the sound levels for future residents are acceptable. An appropriate condition of draft approval will be imposed. Phase 2 Environmental Site Assessment, May 2024 7.5 The Phase 2 Environmental Site Assessment concludes that no risk assessment or remediation is required prior to a Record of Site Condition being submitted to the Ministry of the Environment, Conservation and Parks. An appropriate condition of draft approval will be imposed. Environmental Impact Study, November 2021; update memo February 2024 7.6 The Environmental Impact Study and update memos submitted in support of the proposal concludes that the most significant feature on the property is a linkage identified in the Robinson-Tooley Sub watershed Study along the north limit property. The EIS notes that the Draft Plan will maintain a natural linkage across the northern limit of the property. This will also preserve a majority of the significant woodland on the property. For the significant woodland and wetland that will be removed, the EIS is proposing the relocation of an equivalent number of environmental features (0.43 ha) on the lands south of Bloor Street owned by Tribute Communities (Tribute (King Street) Limited). This location is in a targeted Enhancement Restoration Area identified in the Sub watershed Study within the Robinson Creek Valley. Page 64 Municipality of Clarington Page 11 Report PDS-028-24 7.7 Appropriate conditions of draft approval will be imposed to preserve the linkage and implement the compensation. Energy Efficiency and Sustainability Plan, November 2021, revised January 2024 7.8 The Energy Efficiency and Sustainability Plan submitted in support of the proposal concludes that the proposal meets the principles of Sustainable Development as outlined in the Municipality of Clarington Official Plan. Stage 1 and 2 Archaeological Assessment, November 2018 7.9 The Stage 1 and 2 Archaeological Assessments submitted in support of the proposal determined that no archaeological resources with cultural heritage value were identified. No further assessment is required. It is recommended that development not proceed before receiving confirmation from the Ministry of Heritage, Sport, Tourism, and Culture Industries, (MHSTCI) that the report has been reviewed and entered into the Provincial Register of Reports, and all other government agencies have signed off. An appropriate condition of draft approval will be imposed. Transportation Impact Study, revised February 2024 7.10 The Transportation Impact Study submitted in support of the proposal concludes that:  Traffic anticipated to be generated by the proposed development can be accommodated by the study road network;  The proposed development should implement the TDM measures and incentives identified in the report to support active transportation and transit and to reduce the numbers of single-occupant-vehicle trips to and from the proposed development; and  The proposed development provides sufficient on-street parking. 8. Public Submissions 8.1 A Statutory Public Meeting was held on January 16, 2023. Notification was provided to all property owners within 120 metres of the subject lands. Signage was posted on the lands and notification was also posted to the Municipality’s website. 8.2 Representatives on behalf of Halminen Homes spoke at the statutory public meeting expressing concerns with the layout of the plan of subdivision and that it will create a remnant parcel on the client’s property. The delegation requested that the design of the draft plan of subdivision should consider the remnant parcel . 8.3 These comments are discussed in Section 10 of this report. Page 65 Municipality of Clarington Page 12 Report PDS-028-24 9. Agency and Department Comments 9.1 Various agencies and internal departments were circulated for comments on the application. Circulated departments and agencies did not provide objections to the proposed Zoning By-law Amendment. Comments received focused on the proposed Draft Plan of Subdivision S-C-2021-0005. Comment received pertaining to the Draft Plan of Subdivision will be addressed prior to issuance of Draft Approval by the Deputy CAO of Planning and Infrastructure Services. 10. Discussion 10.1 The proposed development of 63 single detached dwellings and 12 street townhouse dwellings helps to meet Provincial Growth Plan targets by adding dwellings within the existing urban area. 10.2 The proposed development includes environmental protection lands being conveyed to the Municipality, which meets municipal objectives and helps protect the natural heritage system. 10.3 New roads and other services will be provided to service this development and planned future developments to the south and east. More specifically, the proposed road network provides for proper road connectivity and integration with the future development lands to the south (Tribute Courtice SC-2021-0006). 10.4 The proposed development relies on a trunk sewer extension in Baseline Road from Trulls Road to Courtice Road. The applicant is aware of these servicing constraints and has agreed to the appropriate conditions of draft approval being included. 10.5 The circulated external agencies, authorities and internal departments have no objection to the Zoning By-law Amendment application subject to conditions that will be implemented through draft approval process. 10.6 The proposed development meets the intent of the Provincial Policy Statement, the Growth Plan, the Durham Region Official Plan, and the Clarington Official Plan. Page 66 Municipality of Clarington Page 13 Report PDS-028-24 10.7 The proposed development represents good planning. Addressing Public Submissions 10.8 Representatives on behalf of Halminen Homes spoke at the statutory public meeting expressing concerns with the layout of the plan of subdivision and that it will create a remnant parcel on the client’s property. The delegation requested that the design of the draft plan of subdivision should consider the remnant parcel. The creation of the remnant parcel will be the result of the future extension of Meadowglade Road and is not the result of the proposed plan of subdivision design . It is also noted that the noted future remnant parcel is, in part, designated Environmental Protection in the Southeast Courtice Secondary Plan. 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 neighbourhood park, environmental protection lands, walkways and road infrastructure will be included in future operating budgets upon acceptance. Perfect Storm Report 11.3 On April 15, 2024, Council endorsed the CAO's ‘Perfect Storm” report which expressed significant concerns related to recent changes to Provincial legislation resulting in reduced parkland dedication for new neighborhoods. Council passed resolution April 15, 2024, on directing staff to conduct Fiscal Impact Assessments for any developments impacted by Bill 23, while continuing to process applications, to ensure that both Council and the community understand the full cost of these changes. 11.4 Staff met with Tribute representatives, and they agreed to provide the parkland requirements pre-bill 23 for their applications and at no cost to the mun icipality for any over-dedication. There are no parkland reductions from these applications compared to the approved Secondary Plan. Therefore, there is no need to undertake an update of the Fiscal Impact Assessment as there are no additional costs to the Municipality. Page 67 Municipality of Clarington Page 14 Report PDS-028-24 12. Concurrence 12.1 Not Applicable. 13. Conclusion 13.1 In consideration of all agencies, staff, and public comments, it is respectfully recommended that the Zoning By-law Amendment as written in Attachment 1 and as submitted by Riley Park Developments Inc. (Tribute), be supported, and approved respectively. Staff Contact: Amanda Tapp, Manager, Development Review 905-623-3379 Ext 2427 or atapp@clarington.net Attachments: Attachment 1 – Zoning By-law Amendment Interested Parties: List of Interested Parties available from Planning and Infrastructure Services Department. Page 68 Attachment 1 to PDS-028-24 Corporation of the Municipality of Clarington By-law Number 2024 – ____ Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2021-0015; 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” is amended by introducing a new Subsection 14.6.76 as follows: “Section 14.6.76 “Urban Residential Type Three Exception (R3- 76) Zone” Notwithstanding Sections 3.16c, 3.16e (vi) and (vii), Sections 12.1 a. and b., 12.2 a. i) and ii), b. i) and ii) and c. i) and ii), d. ii) and iii), f. i) and ii), h., i., and Sections 14.1 a. and b. and 14.3 a. i) and ii), b. i) and ii), and c. ii), iii) and iv), e., f., g., and h.; no person shall use any land or erect or use any building or structure in an R3 -76 zone for any purpose unless the provisions of this Section and the applicable provisions not amended by the R3-76 zone are satisfied: a. Permitted Uses i) Single-detached dwelling ii) Semi-detached dwelling; iii) Street townhouse dwelling i) Regulations for single detached and semi-detached dwellings i) Lot Area (Minimum) a. Single-detached dwelling 245 square metres b. Semi-detached dwelling 450 square metres Page 69 Attachment 1 to PDS-028-24 ii) Lot Frontage (Minimum) a. Single Detached dwelling i. Interior Lot 9.0 metres ii. Exterior Lot 12.0 metres b. Semi-detached dwelling i. Interior Lot 15.0 metres ii. Exterior Lot 18.0 metres iii) Yard Requirements (Minimum) a. Exterior Side Yard i. Single detached Dwelling 3.0 metres ii. Semi-detached Dwelling 3.0 metres b. Interior Side Yard i. Single detached Dwelling 1.2 metres and 0.6 metres on the other side ii. Semi-detached Dwelling 1.2 metres on one side only iv) Lot Coverage (Maximum) i. Single detached Dwelling 50 percent for the dwelling, 55 percent for all buildings and structures ii. Semi-detached Dwelling 50 percent for the dwelling, 55 percent for all buildings and structures v) Building Height (Maximum) 12 metres vi) Parking Requirements (Minimum) a. Single detached Dwelling: 2 parking spaces per dwelling Page 70 Attachment 1 to PDS-028-24 b. Semi-detached Dwelling: 2 parking spaces per dwelling vii) On a single-detached lot with an interior lot width of less than 11 meters or an exterior lot width of less than 13 meters, a maximum driveway width of 3.5 metres shall be permitted. viii) For a semi-detached dwelling unit, a maximum driveway width of 3.5 metres shall be permitted. ix) Height of floor deck of unenclosed porch above finished grade (maximum) 1.5 metres x) A covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: a. In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage; b. In the case of an exterior lot, an unenclosed porch/balcony up to a maximum 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. xi) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection. xii) The minimum setback to a sight triangle shall be 1.0m metre. In addition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building; either above or below grade; may project into any required yard to a distance no closer than 0.5 metres to a sight triangle. xiii) Steps may project into the required front, rear or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be less than 1.0 metre. Page 71 Attachment 1 to PDS-028-24 ii) Regulations for street townhouse dwellings i) Lot Area (Minimum) 150 square metres ii) Lot Frontage (Minimum) a. Interior Lot 6.0 metres b. Exterior Lot 9.0 metres iii) Yard Requirements (Minimum) a. Interior Side yard 1.2 metres and nil where a building has a common wall with any building on an adjacent lot b. Exterior Side Yard 3.0 metres c. Rear yard 6.0 metres iv) Lot Coverage (Maximum) 55 percent for the dwelling and 60 percent for all buildings and structures v) Landscaped Open Space (Minimum) a. Lot 25 percent b. Front yard 40 percent soft landscaping in the front yard. vi) Building Height (Maximum) 12 metres vii) A maximum driveway width of 3 metres shall be permitted. viii) Height of floor deck of unenclosed porch above finished grade (maximum) 1.5 metres ix) A covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: a. In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage; Page 72 Attachment 1 to PDS-028-24 b. In the case of an exterior lot, an unenclosed porch/balcony up to a maximum 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. x) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection. xi) The minimum setback to a sight triangle shall be 1.0m metre. In addition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building; either above or below grade; may project into any required yard to a distance no closer than 0.5 metres to a sight triangle. xii) Steps may project into the required front, rear or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be less than 1.0 metre. 2. Schedule “4” to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Agricultural (A) Zone” to “Environmental Protection (EP) Zone” “Agricultural (A) Zone” to “Holding - Urban Residential Type Three Exception (R3-79) 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 Section 36 of the Planning Act. Passed in Open Council this _____ day of __________, 2024. __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Page 73 Attachment 1 to PDS-028-24 Page 74 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: June 17, 2024 Report Number: PDS-030-24 Authored by: Nicole Zambri Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Numbers: ZBA2022-0021 (Cross Reference S-C-2022-0011) Report Subject: Rezoning and Draft Plan of Subdivision for a total of 59 residential units in Courtice Recommendations: 1. That Report PDS-030-24 and any related delegations or communication items, be received; 2. That the Zoning By-law Amendment application submitted by Holland Homes be approved and the By-law contained in Attachment 1 to Report PDS-030-24 be approved; 3. That the application for Draft Plan of Subdivision S-C-2022-0004 submitted by Holland Homes be supported, subject to the conditions approved by the Deputy CAO of Planning and Infrastructure Services; 4. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol and conditions of draft approval of subdivision are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 5. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 030-24 and Council’s decision; and 6. That all interested parties listed in Report PDS-030-24 and any delegations be advised of Council’s decision. Click or tap here to enter text. Page 75 Municipality of Clarington Page 2 Report PDS-030-24 Report Overview This report is recommending approval of the Zoning By-law Amendment submitted by Plan Developments Inc. and to support the further processing of the draft plan of subdivision applications to permit the development of 14 single detached units, 44 townhouse units, and one retained heritage lot, for a total of 59 units. The new residential lots are proposed to be accessed off a new public street and off Gord Vinson Ave. in Courtice. 1. Application Details 1.1 Owner: Plan Developments Inc. (Holland Homes) 1.2 Applicant: Landx Developments 1.3 Proposal: Draft Plan of Subdivision The proposed Draft Plan of Subdivision for to permit a total of 59 units consisting of 14 single detached dwellings, 44 townhouses, with the existing heritage home to remain. Zoning By-law Amendment To rezone the subject lands from “(Holding – Urban Residential Type R1)” and “Agricultural (A)” to appropriate urban residential zones that would permit single detached and townhouse dwelling units with the proposed lot sizes and provisions. 1.4 Area: 2.40 hectares (5.93 acres) 1.5 Location: 1440 Gord Vinson Drive, Courtice (see Figure 1) 1.6 Roll Number: 1817-010-070-16100 1.7 Within the Built Boundary: Yes Page 76 Municipality of Clarington Page 3 Report PDS-030-24 Figure 1 –Proposed Draft Plan of subdivision and Surrounding Context Page 77 Municipality of Clarington Page 4 Report PDS-030-24 2. Background 2.1 On July 22, 2022, Plan Developments Inc. (Holland Homes) submitted applications for a Draft Plan of Subdivision and Zoning By-law Amendment with supporting documentation for a total of 63 residential units consisting of 15 single detached dwellings and 48 townhouses. A Public Meeting was held on March 6, 2023 , and a number of comments were received by residents. A resubmission was subsequently received about a year later which revised the draft plan and proposed zoning by-law to create wider lot frontages for a portion of the lots. This resulted in the reduction of four townhouse units, making the total unit count 59 (this includes the existing dwelling). 2.2 The property is listed on the Municipal Register under s. 27 of the Ontario Heritage Act. The draft plan incorporates the heritage house by retaining it on a larger lot within the draft plan of subdivision. The original home will remain, however the additions to the dwelling and the barns are proposed to be demolished. 2.3 The subject lands were part of a larger parcel of land that was created through a consent application approved in 2022. The north portion that was severed off from the subject lands fronts onto Bloor Street, which is a Regional Corridor. Mixed use and higher densities are contemplated for the Regional Corridor. A formal application for the lands fronting onto Bloor Street has not been provided at this time. 2.4 The applicant has submitted the following studies in support of the applications which have been circulated to departments and agencies for review. They are available upon request and are summarised in Section 9 of this report.  Planning Justification Report  Energy Efficiency and Sustainability Report  Phase 1 & 2 Environmental Site Assessment  Geotechnical Investigation Report  Hydrogeological Assessment  Stormwater Management and Functional Servicing Report  Traffic Impact Study  Noise Impact Report  Cultural Heritage Impact Assessment  Stage 1 & 2 Archaeological Assessment  Stage 3 Archaeological Assessment  Stage 4 Archeological Assessment Page 78 Municipality of Clarington Page 5 Report PDS-030-24 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located east of Townline Road, between Gord Vinson Avenue and Bloor Street. The site is approximately 2.40 hectares and contains an existing heritage house, various outbuildings, and agricultural fields. The current site grades are non-uniform with a grade change of approximately 8 metres from the north to south. The topography of the site generally slopes down to the southwest and southeast of the property, with the lowest point at the southeast corner. The site has historically been used for agricultural purposes. See Figure 2. 3.2 The surrounding uses are as follows: North – Vacant land and residential detached dwellings beyond. To the northwest, newly constructed commercial development, which also includes an approved high -rise apartment building, yet to be constructed. West- Stacked townhouse units in a Common Elements condominium South - Predominantly residential detached dwellings. East - Predominantly residential detached dwellings Figure 2: Lands subject to the proposed draft plan of subdivision and zoning by-law amendment applications. Page 79 Municipality of Clarington Page 6 Report PDS-030-24 Figure 3: Subject Lands Existing Conditions - looking northeast 4. Provincial Policy Provincial Policy Statement (PPS) 4.1 The Provincial Policy encourages planning authorities to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. 4.2 Settlement Areas shall encourage opportunities for infill where it can be accommodated, taking into consideration the character of the neighbourhood and the existing or planned infrastructure. The proposal for single detached dwellings and townhouses is a form of infill development that offers a variety of housing forms and would be appropriate for the neighbourhood. 4.3 The proposal is consistent with the Provincial Policy Statement. Page 80 Municipality of Clarington Page 7 Report PDS-030-24 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 and more specifically to the designated built-up areas. Municipalities are encouraged to create complete communities by promoting a diverse mix of land uses and housing types. 4.5 The subject lands are within the defined “Built-up Area” of the Growth Plan. The proposal would facilitate intensification within the existing built-up area of Courtice and has the potential to contribute to the municipality’s annual intensification targets. The proposal would make use of existing municipal services and provides a mix of single detached and townhouse residential units in proximity to public transit along Gord Vinson Ave. 4.6 The applications satisfy the objectives of the Growth Plan. 5. Official Plans Durham Region Official Plan (ROP) 5.1 The Durham Region Official Plan designates the subject lands as Living Area. Living Areas permit the development of communities incorporating the widest possible variety of housing types, sizes, and tenure to provide living accommodations that addre ss various socio-economic factors. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. The site is also near Bloor Street which is a Type A arterial road. 5.2 The proposed development will provide 59 residential units and will intensify and redevelop an existing area adjacent and in proximity to public transit and an arterial road. It will also contribute to the allocation of units for intensification as outlined in Schedule E – Table ‘E9” of the ROP. 5.3 As such, the proposed development conforms to the policies of the ROP. Envision Durham 5.4 The subject site is designated “Community Area” in the recent “Envision Durham” Official Plan. The ROP was adopted by Regional Council on May 17, 2023. Community Areas are to be planned for a variety of housing types, sizes, and tenures, including singles and townhouse dwellings. 5.5 Envision Durham policies also encourage development proposals to provide stormwater management planning, practices and retrofits including low impact development measures in the design and construction of development to reduce floo d risk and strain on stormwater infrastructure. CLOCA indicated that most of their previous concerns have been addressed and that their remaining requirements regarding an updated hydrogeological assessment and in-situ infiltration rate testing can be provided during the detailed design stage of the application approval process. Page 81 Municipality of Clarington Page 8 Report PDS-030-24 5.6 The proposal conforms to the recently adopted Regional Official Plan. Clarington Official Plan 5.7 The Clarington Official Plan designates the subject lands Urban Residential. The Urban Residential designation is predominantly intended for residential purposes. A variety of densities, tenure and housing types are encouraged. The property is internal to the neighbourhood and adjacent to the Regional Corridor designation. The minimum density is 13 units per net hectare and the maximum height is 3 storeys. Limited townhouses are permitted. Detached and semi-detached dwellings are permitted. 5.8 The proposal has a gross density of 24 units per hectare and net density of 34 units per hectare. It is also adjacent to a Durham Region Transit bus route along Gord Vinson Ave. and therefore has access to public transit. Commercial retail and service uses are also within a 5-minute walk to the site. 5.9 The Planning Rationale report indicates that the propo sed units may be up to 3 storeys to provide appropriate transition from the adjacent three storey stacked townhouses to the west and the higher densities planned within the Regional Corridor to the north. It also indicates that a greater rear yard setback is proposed for the lots which abut the existing low-rise developments to the east in order to provide additional separation and privacy. 5.10 The proposal for 14 single detached units and 44 townhouse units would contribute towards the Municipality’s Residential Intensification Target and utilize existing public services and infrastructure. Intensification within the Built-up Areas is encouraged and is to be given priority. 5.11 Consideration should also be given to the existing neighbourhood character. Section 5.4.1 of the Clarington Official Plan gives considerations when developing an infill site in an existing neighbourhood. One of the considerations is lot size and patterns to ensure development is compatible with the surrounding context. The proposed development respects and reinforces the abutting-built forms by providing a mix of townhouses with smaller lot frontages on the west side (adjacent to the medium density-built forms) and wider lot frontages on the east side (adjacent to the low-rise built forms). The proposal also respects and proposes to retain the existing heritage dwelling on a larger lot. 5.12 As part of the conditions of approval for the subdivision, the applicant will be required to either retain an architect to prepare architectural design guidelines for the proposed subdivision or use Clarington’s retained control architect to review the design of the residential units to ensure adherence to all relevant Clarington Architectural and Urban Design Guidelines. This will ensure high-quality architectural design and sustainable building materials are incorporated into the design. 5.13 The proposal generally conforms to the Clarington Official Plan. Page 82 Municipality of Clarington Page 9 Report PDS-030-24 Southwest Courtice Secondary Plan (Bayview Neighbourhood) 5.14 The subject lands are designated low density residential. Single detached and townhouse dwelling units are permitted up to three storeys. Detached and semi - detached dwelling units shall account for a minimum of 80 percent of the total number of units in the Low-Density Residential designation. Townhouses shall account for no more than 20 percent of the total number of units in the Low-Density Residential designation. 5.15 Although the proposal contains 75% townhouses in the low-density residential designation, the policy is intended to be an overall target for the Low-density Residential designation and not to a specific site. Recognizing the competing land uses surrounding the subject lands with planned high-rise development to the north, existing mid-rise development to the west, and low-rise development to the east and south, a higher percentage of townhouses is appropriate in this location to transition to the higher density-built forms adjacent to the lands. There are also other areas within the Low- Density Residential designation which can accommodate a percentage that is more in line with the 80%/20% ratio. Furthermore, private streets and private lanes are not permitted within the Low-Density Residential designation which prevents denser condo blocks from occurring on the subject lands. 5.16 The Clarington Official Plan Land Use Map shows Fenning Drive extending through the site and connecting to Bloor Street. However, the Secondary Plan Land Use Map shows Fenning Drive terminating at Gord Vinson. The Region indicated that they will not support the public road connection to Bloor Street in order to limit new intersections along the Regional Corridor and improve the flow of traffic. As a result, vehicle access onto Bloor Street for the north portion of 1440 Gord Vinson Ave., which is within the Regional Corridor, has been secured for on the adjacent property to the west through a shared easement. 5.17 The proposal generally conforms to the Southwest Courtice Secondary Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject site “Holding – Urban Residential Type One ((H) R1) and “Agricultural (A) Zone”. The Hold symbol limits the use of the lands to the existing land uses. A Zoning By-law Amendment is required to permit the proposed development which consists of detached dwellings and townhouses. The proposed zoning by-law amendment is included as Attachment 1. 6.2 The proposed zoning by-law amendment includes a Holding (H) Symbol. The Holding would remain on the lands until the necessary conditions of draft approval and development agreements are in place for the Draft Plan of Subdivision. Page 83 Municipality of Clarington Page 10 Report PDS-030-24 7. Public Notice and Submissions 7.1 Public Notice was mailed to approximately 300 landowners within 120 metres of the subject lands on February 10, 2023. A sign was also posted on the property, along Gord Vinson Ave., advising of the complete application received by the Municipality and details of the public meeting. The Public Meeting was held on March 6, 2023. 7.2 A total of six inquiries or comments were received, and two residents were present at the Public Meeting who were opposed to the proposed development. The following comments or inquiries are summarized below:  To obtain further information;  Concerns with the volume and speed of traffic that would be generated from this development, specifically at the intersection of Fenning Drive and Gord Vinson Ave;  Concerns regrading access to their property during construction;  Concerns with the overall public infrastructure required to service the development, including, water and wastewater, new schools, hospitals, libraries, and other public facilities;  Concerns with air quality during construction;  Increase of development in the area and lack of greenspace;  Destruction of wildlife and habitat, tree removal and the overall impacts of the development;  Would like to see pedestrian connections to the commercial uses located northwest of the subject lands;  Would like to see a greater mix of singles than townhouses;  Concern with proposed heights for the townhouses which abut the existing residential units to the east;  Comments on the Noise Study completed by the applicant; and  Concerns with potential impacts on property values. 7.3 These comments and concerns will be discussed in Section 10 (Discussion Section) of this report. 8. Department and Agency Comments 8.1 A list and summary of agency and internal department comments received can be found in Attachment 3. 9. Summary of Background Studies 9.1 The applicant has submitted several studies in support of the development applications which have been circulated to various agencies and departments for review and comment. Staff will ensure the recommendations in the reports will be implemented through the subdivision conditions of approval. Page 84 Municipality of Clarington Page 11 Report PDS-030-24 Planning Justification Report, originally prepared by D.G. Biddle & Associates Limited, new report prepared by LANDx Developments Ltd., dated March 2024 9.2 A Planning Justification Report was originally submitted by D.G. Biddle and Associates Ltd. and upon the resubmission of application materials, a Planning Brief was prepared by Landx Developments Ltd. to address Staff comments. The proposed development has responded to Staff comments by increasing the lot frontages of the townhouses on the east side of the property to 7 metres and by increasing the lot frontages for the single detached lots to 10 metres. As a result of this change, the total unit count has been reduced by 4 units. This results in greater separation of driveways along the street to facilitate additional on-street parking and will increase the amount of landscaped open space in the front yard. The proposal now shows a total of 59 residential units, consisting of 14 single detached lots, one single detached lot which contains the heritage home, and 44 street related townhouses. 9.3 The report indicates that the existing one and a half storey 19th century cut stone Ontario Cottage heritage residence will be retained and significant efforts have been made to accommodate the home, such as arrangement of road network, site grading, and servicing. 9.4 The report concludes that the proposal is in conformity with the upper -level policies, the Clarington Official Plan, and the Southwest Courtice Secondary Plan, and represents good planning. Energy Efficiency and Sustainability Plan, originally prepared by Holland Homes Inc., new report prepared by LANDx Developments Ltd., dated March 2024 9.5 A Sustainability Report was prepared to demonstrate how the development will achieve the Municipality’s main environmental sustainability objectives. It includes a checklist from the Municipality’s Priority Green Development Framework and Implementation Plan. The report indicates that it meets the aspirational targets for intensification and density and the enhanced targets for connectivity. All other checklist items are meeting the basic mandatory requirements. 9.6 The report indicates that it will explore the feasibility to design each dwelling unit to accommodate a future electric vehicle supply equipment within the private garage, which was a request by Staff, however the applicant has not made any commitments. The report also indicates that Low Impact Development (LID) measures have been considered to provide a treatment train approach. Proposed LID control elements include stormwater infiltration trenches, which will capture roof drainage and infiltrate the water into the ground water regime. Page 85 Municipality of Clarington Page 12 Report PDS-030-24 Phase One and Two Environmental Site Assessment, Cambium Inc., May 2020, and June 2021 9.7 A Phase One ESA was submitted to determine if there were any potential conta minants located on the subject lands which are proposed to be redeveloped for residential uses. The ESA indicated that a Phase Two is recommended in order to assess the identified on- site historical use of the site for agricultural purposes and large-scale application of pesticides as a source of environmental concern. 9.8 The Phase One ESA also suggested that due to the age of the existing buildings on site and their potential to contain asbestos, lead, etc., a designated substance survey should be completed prior to renovation or demolition of the site buildings. 9.9 The results of the Phase Two ESA concluded that no contaminants of potential concern are present at concentrations greater than the applicable standards and that no further investigation was recommended. Geotechnical Investigation Report, Cambium Inc., June 2021 9.10 The findings of the Geotechnical Investigation (which included the lands to the north that were originally part of the site when the investigation was initiated) indicated that the subsurface condition of the site generally consists of topsoil or fill overlaying a sand and silt to sandy silt till material. Ground water was found at depths between 1 metre to 4.2 metres below the ground surface. Overall, the site grades are non-uniform, and the report anticipates that cut and fill operations would be required to establish appropriate uniform subgrade levels throughout the site. Hydrogeological Assessment, Cambium, June 2022 9.11 The Hydrogeological Assessment (which included the lands to the north that were originally part of the site when the investigation was initiated) identified a shallow, unconfined, aquifer at the site. Ground water flow was determined to be towards the southeast. It recommends that the dewatering estimates should be updated once more detailed development plans are available for review. It also recommends that water levels from the on-site monitoring wells should be measured on a monthly basis for a period of one year to determine high water conditions at the site. Stormwater Management and Functional Servicing Report, D.G. Biddle & Associates Limited, March 2024 9.12 The Functional Servicing and Stormwater Management report identifies how the site would be serviced and how the stormwater will be managed post developmen t. The report indicates that the units will be serviced with a 150mm PVC watermain which will be connected to the existing 200 mm watermain on Gord Vinson Ave. A looped water system will be used which has two connection points to the existing watermain. The five lots fronting onto Gord Vinson Ave. will connect directly to the existing 200 mm watermain along Gord Vinson Ave. The existing heritage lot is already connected to water services and will be replaced if required. Page 86 Municipality of Clarington Page 13 Report PDS-030-24 9.13 There is an existing 450mm concrete sanitary sewer traversing the east side of the property, flowing south, via an existing sanitary sewer easement. The sewer discharges to the sanitary sewer along Gord Vinson, which flows west, and then south into Fenning Drive. The sewer has been sized to accommodate a population of 4,097 for an overall drainage area of 55.89 ha. The proposed sanitary sewer is proposed within Street A. The proposed sanitary sewer will connect into the existing sewer within the easement as well as the existing trunk sewer in Gord Vinson Ave. via the existing stub. Similarly to water services, the five proposed lots along Gord Vinson will connect directly to the sanitary sewer along Gord Vinson and the heritage lot already has an existing connection. 9.14 The subject development falls within the catchment area of the stormwater management and conveyance systems for the Huntington residential subdivision and the Robinson Ridge residential subdivision which were both designed by G.M. Sernas and Associates Ltd. The stormwater management designs for the foregoing subdivisions have been reviewed in the stormwater management design of this development as they govern the storm drainage criteria for the subject development. Post-development flows from the subject site were previously accommodated for in the SWM pond located south of the subject lands, and east of the Fenning Drive and Cousins Street junction. The storm sewers and overland flow routes on Gord Vinson Avenue and Fenning Drive also accounted for the anticipated post-development flows from the subject site. The proposed development is to be drained using a conventional storm drainage system. Traffic Impact Study, Tranplan Associates Inc., April 2022 9.15 A Transportation Impact Study was prepared to analyze existing and future traffic conditions in relation to the proposed development. The report was based on the original proposal for 60 residential units, as opposed to the revised 59 units. The report concludes that the site is expected to generate 50 to 56 trips during the weekday peak hours and will have minimal impacts on the surrounding road network. The amount of traffic generated by the proposed development does not warrant any road improvements or i ntersection improvements. Noise Impact Study, D.G. Biddle & Associates Limited, March 2024 9.16 A Noise Impact Study was prepared to examine the noise levels from road traffic from Bloor Street. The study concluded that indoor noise levels are within the Ministry of the Environment, Conservation and Parks’ Guidelines for all units in the proposed development. Thus, the implementation of noise abatement measures such as acoustic fences, mandatory air conditioning installation, and enhanced building construction materials are not required for this development. Cultural Heritage Impact Assessment, Letourneau Heritage Consulting Inc., July 21, 2020 9.17 The Property is listed under Section 27, Part IV of the Ontario Heritage Act on the Municipality of Clarington’s Municipal Heritage Register, and as such, a Cultural Heritage Impact Assessment was prepared to review the cultural heritage value or interest (CHVI) of the property and to provide recommendations, with respect to potential impacts on the Property’s CHVI. Page 87 Municipality of Clarington Page 14 Report PDS-030-24 9.18 The key resource which exhibits cultural heritage value or interest is the one -and-a-half- storey 19th century cut stone Ontario Cottage residence with later additions. In addition to the residence, there are five other structures: a detached garage; three outbuildings; and a barn, which are proposed to be removed. As a stone building, the house is at minimum representative, if not a rare example, of stone buildings in Clarington. The Property has historical or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. The property was used for farming and has potential to yield historical information concerning farming practices of the community and construction methods of the Ontario Cottage and barn. 9.19 Based on the result of the evaluation, retention of the residential structure as a residence, or with an appropriate new use, is the preferred option. The report indicates that once the design has progressed sufficiently, an update to the report would be undertaken as part of the heritage permit application process, which will include a review of potential project- related impacts and would provide appropriate alternatives and mitigation measures. Figure 4: One-and-a-half-storey 19th century cut stone Ontario Cottage residence located on the subject lands Page 88 Municipality of Clarington Page 15 Report PDS-030-24 Stage 1 & 2 Archaeological Assessment, Earthworks Archaeological Services Inc., September 17, 2021 9.20 A Stage 1 and 2 Archeological Assessment was completed for the subject lands to determine whether there were archaeological resources present within the subject property. The Stage 1 assessment indicated that a Stage 2 assessment is recommended given the evidence of archeological potential found within the study area or in proximity. The study found a registered Pre-Contact archaeological site within 300 metres, which indicates the potential for locating Pre-Contact Indigenous archaeological material. The study also indicated that given the location of the site, there is potential for locating historic Euro-Canadian archaeological material. The site is next to the edge of Gord Vinson Avenue, which is a historically mapped transportation route and there is also a structure shown within the study area on historical mapping. 9.21 The Stage 2 archaeological assessment of the study area was conducted on June 29, 2021. A historic Euro-Canadian artifact was identified during the pedestrian survey. An examination of recovered artifacts determined that the archaeological site met the criteria for further cultural heritage value or interest, and no further test pit strategies were implemented. The report indicated that a Stage 3 archaeological assessment is recommended. Stage 3 Archaeological Assessment, Earthworks Archaeological Services Inc., March 16, 2021 9.22 The Stage 3 archaeological assessment of Everson Site (AlGq-198) was conducted between November 19 and November 20, 2021. Preliminary analysis of the recovered artifacts clearly indicated that the level of cultural heritage value or interest of the site would result in a recommendation to proceed to Stage 4 mitigation. 9.23 The preferred method of Stage 4 mitigation is through avoidance and protection. Through discussions with the proponent, it has been determined that the Everson Site (AlGq-198) is situated within a portion of the study area that is integral to development and cannot be easily avoided. If an archaeological site cannot be avoided, the Ministry of Heritage, Sport, Tourism and Culture Industries through the Standards and Guidelines for Consultant Archaeologists permits for the mitigation of an archaeological site through the full excavation, documentation, and removal of all archaeological material prior to the start of development. Stage 4 Archeological Assessment, AS&G Archaeological Consulting, May 22, 2023 9.24 AS&G Archaeological Consulting was contracted to conduct a Stage 4 Archaeological Excavation of the Everson Site (AlGq-198). The study area consists of a farmstead containing a house and associated outbuildings surrounded by a ploughed agricultural field. The Stage 3 report recommended that the Everson Site (AlGq-198) be subject to Stage 4 mitigation as it could not be protected. Page 89 Municipality of Clarington Page 16 Report PDS-030-24 9.25 The recovered artifact assemblage includes ceramic, glass, faunal bone, and metal artifacts. A review of the artifacts indicates that the assemblage is very similar to that recovered during the Stage 3 investigation of the site. The Everson Site (AlGq-198) has been fully excavated and documented. The report recommends that the site has no further cultural heritage value or interest and no further archaeological assessment of the property is required. 10. Discussion 10.1 The site is situated in the Southwest Courtice Secondary Plan Area and is a form of infill development within the Courtice Built Boundary. The proposed units would contribute towards the Municipality’s intensification targets. The adjacent site to the north of the subject lands is anticipated for development of high density-built form given that it is within the Regional Corridor and a Priority Intensification Area. Coordination between the two developments would be essential to support pedestrian connectivity between the two sites and access to Bloor Street. If approved, Staff will encourage the applicant to continue to work with the adjacent landowner throughout the subdivision process. 10.2 The site is designated Urban Residential in the Clarington Official Plan, which permits single detached houses and townhouses. It is also located in close proximity to the Bloor Street Regional Corridor. The Secondary Plan designates the site low density residential. Single detached and townhouse dwelling units are permitted up to three storeys. 10.3 The site is proposed to contain 59 residential units consisting of 14 single detached lots and 44 street townhouse lots, retaining a single detached lot for the heritage dwelling. Each lot will be serviced with municipal water and sanitary sewer and will have vehicle access off an internal local road which will connect to Gord Vinson Avenue, except for Lots 1-5, which will be accessed directly off Gord Vinson Ave. (See Figure 1). 10.4 The proposal has also been revised to accommodate slightly larger lot frontages, which resulted in the loss of 4 residential units. This was a request by Staff to ensure adequate on-street parking can be accommodated as well as an increase in the soft landscaped open space in the front yards. The proposal has also been revised to show a sidewalk along the north side of Street A, which may facilitate a shared pedestrian connection with the adjacent lands to the north. 10.5 A rezoning is required to rezone the lands from “Holding – Urban Residential Type One ((H) R1) and “Agricultural (A) Zone” to “Holding- Urban Residential Type Three ((H)R3)”, “Holding- Urban Residential Exception ((H)R3-77)”, “Holding- Urban Residential Exception ((H)R3-59)”, “Holding- Urban Residential Exception ((H)R2-17)”, and “Holding- Urban Residential Exception ((H)R2-41)” in order to facilitate the proposed development. 10.6 A hold symbol is proposed for the subject lands and will be removed once the Applicant provides satisfactory evidence which addresses all concerns listed in this report and fulfills conditions of the subdivision with the Municipality of Clarington. The draft conditions of the subdivision application will be prepared at a later date, provided Council supports the recommendations in this report. Page 90 Municipality of Clarington Page 17 Report PDS-030-24 Proposed Height and Privacy Concerns 10.7 The proposed draft zoning by-law amendment prepared by the applicant was revised to reduce the permitted height from 12 metres to 10.5 metres to be consistent with the existing built forms surrounding the development. A three-storey dwelling can potentially be accommodated within the 10.5 metre height provisions, which could allow for a walk out basement and support additional dwelling units. The applicants have indicated that the final building typologies (two storey versus three storey) have not been determined and that the 10.5 metre height provisions, which is standard for the R3 and R2 residential zones, would allow for that flexibility in the design. Allowing for three storeys also provides a better transition to the existing three storey stacked townhouse condominium development to the west and the high-density block to the north. Figure 5: Existing Stacked Townhouse Block to the west of the subject lands 10.8 In addition to this, the applicant has proposed to increase the minimum rear yard setbacks of the lots on the east side from the standard 7.5 metres to 9 metres to allow for more privacy in the rear yards and to minimize the overlook from the upper floors. It will provide additional separation between the existing bungalows and two storey residential units on the east side. This would address some of the privacy concerns raised by the residents and provide a transition to the lower built forms. Page 91 Municipality of Clarington Page 18 Report PDS-030-24 Figure 6: Existing single detached dwelling units on Eastfield Crescent 10.9 The single detached dwellings proposed adjacent to the one and a half storey bungalow heritage home should also provide for an appropriate transition in height to be respectful of the existing built form and the heritage attributes, similar to the design of the condominium townhouses to the west. This can be achieved by using gable style roofs with dormers. Through the subdivision application process, Staff will continue to work with the appl icant on an architectural style for the model homes that is appropriate for the context of the neighbourhood. Architectural Control is a standard requirement for all plans of subdivisions within Clarington to ensure the Municipality’s established Guidelines are adhered to. Tree Removal and Fencing 10.10 Staff and residents have raised concerns with the number of mature trees being removed on the subject lands. A revised tree preservation plan was submitted which shows a total of two trees to be preserved out of the 48 trees identified on the subject site. The two trees proposed to be preserved are located in the front yard of the proposed heritage lot. The trees along the west side of the heritage lot are proposed to be removed, as well as the trees which currently add privacy for the lots along Eastfield Crescent. The applicant has indicated that due to the grading on site, these trees cannot be retained. 10.11 There is also one tree located at the northeast corner, on an adjacent lot, which is proposed to be preserved. 10.12 Greater effort is required to preserve the existing trees on the east side of the site to maintain the privacy for the existing residents. These trees are located along the periphery and should be preserved, especially given the extra 1.5 metre rear yard setback that is proposed for the lots which would allow for greater flexibility in the grading and the protection of the trees. Page 92 Municipality of Clarington Page 19 Report PDS-030-24 10.13 The trees on the heritage lot should also be maintained given that the trees are not impeding the proposed road network or development on the west side . They will be located on the heritage lot and will reinforce the heritage attributes of the building. Further discussion is needed with applicant about the grades and retaining some of the existing trees which will be through the subdivision application process. The applicant may also be subject to providing a deposit for the trees identified for protection in order to ensure damage does not occur during construction. Figure 7: Tree preservation Plan - Indicating further preservation considerations for the trees shown within the green box 10.14 There is an existing board privacy fence along the west side of the property which was constructed when the condominium site was developed. This will be maintained with the construction of the subject site. On the east side of the subject lands there is a combination of fencing from the farm and private fences that have been constructed by individual landowners. If the trees will be maintained on the east side, this may negate the need of a privacy fence between adjacent property owners. There is no requirement for a fence between adjacent residential property owners. Owners would have to coordinate among themselves if there is a desire to erect a privacy or chain link fence in the rear yards. On the north side of the subject lands, there are no plans to erect any fences in order to ensure pedestrian connections to Bloor Street can be provided. Page 93 Municipality of Clarington Page 20 Report PDS-030-24 Vehicle Access and Traffic 10.15 The site is proposed to have vehicle access via a new proposed crescent (Street A) which connects to Gord Vinson Ave. There are also five residential lots which would have direct access from Gord Vinson Ave. The west leg of the crescent has been skewed slightly to the right in order to align with Fenning Drive to the south. Fenning Drive was originally supposed to connect north through the site to Bloor Street, however the Region of Du rham has indicated that the connection is not warranted given the close proximity to the intersection of Bloor and Townline, as well as Bloor and Bruntsfield Street intersection. 10.16 Concerns were raised from the public regarding the increased traffic that would be generated from the development and the impacts on the intersection of Fenning Drive and Gord Vinson Ave. Clarington Staff have reviewed the Traffic Impact Study and have no concerns. In response to the speed of traffic, Staff have also indicated th at there is already an unwarranted all-way stop at this intersection, which was installed as a result of the condominium site to the west. The speeds monitored are acceptable and are not outside any typical ranges. Gord Vinson Ave. serves as a collector road but has a smaller width which can assist in keeping the speeds low. The Bloor St. and Townline Rd. intersection issues are the responsibility of the Region of Durham. A summary of comments provided by the Region of Durham and Clarington Engineering are provided in Attachment 3. Figure 8: Streetview showing all way stop at Gord Vinson Ave. and Fenning Dr. Parkland Dedication and Pedestrian Connections 10.17 The original plan for the subject site contemplated a parkette at the northwest corner. However, given the amount of land required to be dedicated would only result in approximately 0.12 hectares of parkland, it was decided that this did not result in a sufficient area for park purposes. Land dedication for a park was deemed unnecessary and a payment in lieu of parkland dedication would be required as an alternative. Page 94 Municipality of Clarington Page 21 Report PDS-030-24 10.18 Fenning Drive is no longer being proposed to extend to Bloor Street, therefore the proposed development will still have to provide pedestrian connectivity to the property to the north, and ultimately to Bloor Street. The Municipality requires the proposed north - south sidewalk on the east leg of Street A to be extended northerly to the limit of p roposed development. The sidewalk will provide the opportunity for future connectivity to the future development and Bloor Street East. 10.19 Pedestrian connections to the commercial uses at the intersection of Bloor Street and Townline Road would be created through the use of sidewalks that would connect to the abutting lands to the north. The lands to the north are planned to be a condominium block which would mean that pedestrian connections would have to be secured through an easement over the privately owned lands. 10.20 The pedestrian connections to the commercial areas and to Bloor Street would be a condition of approval in a future site plan application for the abutting lands to the north. Through the subdivision and site plan application process, coordination between the two landowners shall occur for the east-west pedestrian connection which currently runs along the north side of Street A within the public right of way. Through future applications and depending on the timing of the application to the north, the sidewalk may be able to be moved onto the abutting property. 10.21 The remainder of the site would provide for sidewalks within the public right -of-way along the outer edge of Street A. There are already existing sidewalks along Gord Vinson Drive, which are proposed to be maintained. Page 95 Municipality of Clarington Page 22 Report PDS-030-24 Figure 9: Future Pedestrian Connections Page 96 Municipality of Clarington Page 23 Report PDS-030-24 Potential Wildlife Aggravation 10.22 There were concerns raised from residents regarding the displacement of wildlife which may occur on the subject lands once construction has commenced. The subject lands were historically used for agricultural purposes and much of the site has already been disturbed. No natural heritage features or hydrological features were identified on the site to warrant a study. There are some existing trees on the subject lands that are proposed to be removed. Any clearing of the site will have to be completed outside of the breeding bird season. Lot Frontages 10.23 The applicant has revised the lot frontages to show wider lots within, and to the east of the site to transition to the lower density-built forms. The percentage of townhouses now comprises 74% of the proposed units, as opposed to 76%, as a result of the wider lot frontages. This will allow for more on street parking as a result of the wider lot frontages given the distance between driveway entrances. It will also provide for greater landscaped open space in the front yard and would allow for two cars to be parked on the driveway side by side. 10.24 The plan proposes lot frontages of 6.5 metres and 7 metres for the street townhouses and 9.5 metres and 10 metres for the single detached lots. Council has indicated in a 1999 resolution, that street townhouses must be a minimum of 7 metres and singles a minimum of 10 metres in order to sufficiently accommodate on street parking. This has been the standard in Clarington, with the exception of streets that can accommodate more parking in a rear lane or on a window street. The proposal has a street which can accommodate a greater amount of on-street parking because there are no driveways proposed on the north side of Street A. This will allow for a percentage of the lots to have smaller lot frontages while still ensuring that on-street parking requirements can be met. The applicant has prepared an on -street parking plan to demonstrate that Clarington’s requirements can be met. Proposed Zoning By-law Amendment 10.25 A rezoning is required to rezone the lands from “Holding – Urban Residential Type One (H)R1)” and “Agricultural (A)“ to the appropriate urban residential zones that would permit the proposed lots. Based on the current provisions for detached dwelling units and townhouses in the R2 and R3 Zones, the implementing zoning by-law for this site would require additional site-specific exception zones for some of the lots in order to accommodate the reduced lot frontages, as well as the exterior side yard setbacks. The height of the proposed dwelling units will be maintained at the standard 10.5 metres. Page 97 Municipality of Clarington Page 24 Report PDS-030-24 Further considerations 10.26 The subject site is designated for residential uses in the Clarington Official Plan. The development of the site offers a transition from the existing neighbourhood and the future development of the Regional Corridor block to the north, with respect to housing form and street/pedestrian connections. The proposal provides an opportunity to meet the long-term vision for the neighbourhood, as well as contribute to Clarington’s housing pledge targets and intensification targets as set out by the Province and the Region, respectively. 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 neighbourhood park, environmental protection lands, walkways and road infrastructure will be included in future operating budgets upon acceptance. Perfect Storm Report 11.3 On April 15, 2024, Council endorsed the CAO's ‘Perfect Storm” report which expressed significant concerns related to recent changes to Provincial legislation resulting in reduced parkland dedication for new neighborhoods. Council passed resolution April 15, 2024, on directing staff to conduct Fiscal Impact Assessments for any developments impacted by Bill 23, while continuing to process applications, to ensure that both Council and the community understand the full cost of these changes. 11.4 There are no parkland reductions from these applications compared to the approved Secondary Plan. Therefore, there is no need to undertake an update of the Fiscal Impact Assessment as there are no additional costs to the Municipality. 12. Strategic Plan 12.1 The proposed development has been reviewed against the pillars of the Clarington Strategic Plan 2024-27. Clarington’s Strategic Plan prioritizes applications the creation of growing resilient, sustainable, and complete communities and connecting residents through the design of safe, diverse, inclusive, and vibrant communities. The proposal conforms with Clarington’s Strategic Plan. 13. Concurrence 13.1 Not Applicable. Page 98 Municipality of Clarington Page 25 Report PDS-030-24 14. Conclusion 14.1 In consideration of all comments, it is respectfully recommended that the applications by Holland Homes to amend Zoning By-law 84-63 for 59 residential lots within a draft pan of subdivision be approved, with a (H) Holding Symbol, and that the (H) Holding Symbol be removed once all the Conditions of Draft Approval have been satisfied. The conditions for the subdivision will be issued after Council makes a decision on the rezoning application. Staff Contact: Nicole Zambri, Senior Planner, (905)-623-3379 Ext. 2422 or nzambri@clarington.net . Attachments: Attachment 1 – Draft Zoning By-law Attachment 2 – Draft Plan of Subdivision Attachment 3 – Department and Agency Comments Interested Parties: List of Interested Parties available from Department. Page 99 Attachment 1 to PDS-030-24 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 2024-__ Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA-2022-0021 Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 14.6.77 as follows: 14.6.77 Urban Residential Exception (R3-77) Zone Notwithstanding Sections 14.1, 14.3 a. ii), b. i) and ii), c. iii), those lands zoned R3-77 shall only be used for street townhouse dwellings, subject to the following regulations and the applicable provisions not amended by the R3-77 zone: a. Lot Area (minimum) i) Exterior Lot 240 square metres b. Lot Frontage (minimum) i) Interior Lot 7 metres ii) Exterior Lot 9 metres c. Yard Requirements (minimum) i) Exterior Side Yard 2 metres 2. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the zone from: Page 100 Attachment 1 to PDS-030-24 “Agricultural (A) Zone” to “Holding - Urban Residential Exception ((H)R3-59) Zone” “Holding - Urban Residential Type One ((H)R1) Zone” to “Holding - Urban Residential Exception ((H)R2-17) Zone” “Holding - Urban Residential Type One ((H)R1) Zone” to “Holding - Urban Residential Exception ((H)R2-41) Zone” “Holding - Urban Residential Type One ((H)R1) Zone” to “Holding - Urban Residential Type Three ((H)R3) Zone” “Holding - Urban Residential Type One ((H)R1) Zone” to “Holding - Urban Residential Exception ((H)R3-77) 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. By-Law passed in open session this ___ day of June, 2024 __________________________ Adrian Foster, Mayor _________________________ June Gallagher, Municipal Clerk Page 101 Attachment 1 to PDS-030-24 Page 102    $WWDFKPHQWWR3'6 Page 103 Attachment 3 to PDS-030-24 Attachment 3 – Agency and Department Comments The following agencies and internal departments were circulated for comments on the applications. Below is a chart showing the list of circulated parties and whether or not we have received comments to date. Department/Agency Comments Received Summary of Comment Durham Region Planning Department ☒ The Region of Durham has indicated that the proposed development of 14 lots for single detached dwellings, one lot for an existing heritage dwelling and ten blocks for 44 townhouse dwellings conforms to the policies of the ROP and to the policies of Envision Durham. The Region of Durham has no objection to the draft approval of the plan of subdivision application. The Region requires the Archeological Assessments be forwarded to the Ministry of Citizenship and Multiculturalism for its review and clearance letter, a copy of which should be forwarded to the Region for our review and approval. This requirement has been included as a condition of approval of the Plan of Subdivision application. The revised noise impact study was reviewed and deemed acceptable to the Region. Durham Region Works Department ☒ The Regional Works Department has no objection to the further processing of the above noted applications. The conditions of approval of this department shall be complied with prior to its consent for registration of the plan of subdivision and the conditions shall form part of the Subdivision Agreement. Durham Region Transit ☒ The application was reviewed from a transit perspective, and Durham Region Transit has requested confirmation that the existing bus stop located westbound on Gord Vinson at Street “A” (Stop #94153) will be included as part of the detailed design. Central Lake Ontario Conservation Authority (CLCOA) ☒ CLCOA Staff have indicated that most of their previous concerns regarding matters relating to stormwater management have been addressed and that their remaining Page 104 Attachment 3 to PDS-030-24 requirements regarding an updated hydrogeological assessment and in-situ infiltration rate testing can be provided during the detailed design stage of the application approval process. Kawartha Pineridge District School Board ☒ KPRDSB has no objection to the proposal and provided a list of items to be included in the conditions of draft approval of the subdivision. Peterborough, Victoria, Northumberland, Clarington Catholic District School Board ☐ No Comments. French Public Board: Conseil Scolaire Viamonde ☐ No Comments. French Catholic Board: Conseil Scolaire Catholique Mon Avenir ☐ No Comments. Clarington Engineering Development Division ☒ Engineering has no objection to the proposal and offers comments as follows which can be addressed at the detailed design stage:  Revise Grading Plan to preserve trees along the eastern boundary  Locations of hydrants on Parking Plan to be consistent with servicing plan  Revise location of retaining wall shown on the lot with the existing dwelling  Comments related to in-situ infiltration testing for the proposed LID locations to deal with stormwater management Clarington Emergency Services ☒ No objection. Clarington Building Division ☒ No objection. Enbridge Gas ☒ No objection. Hydro One ☒ No objection. Bell ☒ No objection. Rogers Cable ☐ No comments. Canada Post ☒ No objection. Durham Region Police Services ☒ No objection. City of Oshawa ☐ No comments. Page 105 Notice of Public Meeting and Recommendation Report We want to hear from you! The Planning and Infrastructure Services Department invites you to attend a Statutory Public Meeting to discuss proposed Housekeeping Amendments to the Municipality’s Official Plan and Zoning By- laws. Purpose The purpose of the proposed Official Plan Amendments are to: • Amend the Implementation section of the Official Plan in order to provide alternative notice policies for amendments to the Official Plan in-keeping with s. 17(19.3) of the Planning Act, and Zoning By-law Amendments in-keeping with s. 34(14.3) of the Planning Act. This will provide policies to eliminate the requirement for public notices and public meetings for minor amendments previously delegated to the Deputy CAO of Planning and Infrastructure; and • Amend Additional Dwelling Unit (ADU) policies introduced previously by Official Plan Amendment 129. The purpose of the proposed Zoning By-law Amendments are to: • Introduce two new definitions (farm building and soft landscaping) and update an existing definition (landscaped open space) to provide clarity; • Provide a general update to Additional Dwelling Unit (ADU) zoning permissions; and • Provide clarification to home occupation permissions. Property The Housekeeping Amendment applies to the entire Municipality and therefore no map is provided. Find Out More A copy of the notice and related amendments and by-laws will be available at https://www.clarington.net/en/your-community/additional-dwelling-units.aspx A copy of the Staff Report will be available on the afternoon of Wednesday, June 12, 2024, and may be found at www.clarington.net/calendar. For more information about this matter, including information about appeal rights, contact Jacob Circo, Planner II, at the Municipality of Clarington Planning and Infrastructure Services Department at jcirco@clarington.net or (905) 623-3379 extension 2425. Public Meeting Information A Public Meeting has been scheduled for the proposed amendments. 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 the proposed amendments. Public Meeting Date: Monday June 17th, 2024 Time: 6:30 p.m. How to Attend the Meeting You may provide comments at the Statutory Public Meeting either in person, by Microsoft Teams, or by telephone. In Person: Council Chambers Municipal Administrative Centre 40 Temperance Street, Bowmanville, ON L1C 3A6 Page 106 Virtually: To participate electronically, please pre-register by completing the online form at http://www.clarington.net/delegations or contact the Clerk’s Division at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, June 14th, 2024, 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. We encourage you to submit your written comments prior to the date of the Public Meeting for Committee’s consideration to Jacob Circo via email jcirco@clarington.net or by mail or drop box to 40 Temperance Street, Bowmanville, ON L1C 3A6. A drop box is located at the Church Street entrance. File Numbers: COPA2024-0002 and ZBA2024-0004 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements Official Plan Amendment If a person or public body would otherwise have an ability to appeal the decision of Clarington Council to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed official plan amendment is adopted, the person or public body is not entitled to appeal the decision. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed official plan amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party. As per sections 17 (24.1), 17 (36.1), and 34 (19.1) of the Planning Act, appeals are not permitted from the adoption of additional residential unit policies in an Official Plan or the enactment of amendments to Zoning Bylaws to give effect to the Official Plan policies. Zoning By-law Amendment If a person or public body would otherwise have an ability to appeal the decision of Clarington Council to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to Clarington Council before the by-law is passed, the person or public body is not entitled to appeal the decision. If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Municipality of Clarington before the by-law is passed, the person or public body may not be added as a party to the 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 Deputy CAO, Planning and Infrastructure Services Page 107 Municipally Initiated Official Plan and Zoning By-law Amendments COPA2024-0002 & ZBA2024-0004 The purpose of the proposed Zoning By-law Amendments are to: •Introduce two new definitions, update an existing definition, provide a general update to Additional Dwelling Unit zoning permissions, and provide clarification to home occupation permissions. The purpose of the proposed Official Plan Amendments are to: •Provide policies to eliminate the requirement for public notices and meetings for minor amendments and •Amend Additional Dwelling Unit Policies. •Will simplify process and shorten approval process times; •Facilitate additional housing opportunities within the Municipality; and •Accomplish a balance between the protection of the health and safety of residents and community character with the need for a straight-forward process Benefits of Amendments: Page 108 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: June 17, 2024 Report Number: PDS-031-24 Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Reviewed By: Rob Maciver, Acting CAO Authored By: Jacob Circo, Planner II, Planning & Infrastructure Services Department File Number: COPA2024-0002 and ZBA2024-0004 Resolution#: Report Subject: Public Meeting and Recommendation Report – Municipal – Initiated Official Plan Amendments and Zoning By-law Amendments 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-031-24 and any related communication items, be received; 2. That provided there are no significant concerns with respect to the municipally initiated Official Plan and Zoning By-law Amendments during the Public Meeting, the Official Plan and Zoning By-law Amendments be adopted and the By-laws in Attachments 1-4 to Report PDS-031-24 be passed; 3. That the Deputy CAO, Planning, and Infrastructure Services be authorized to finalize the form and content of OPA 137 and 138 and the Zoning By-law Amendments resulting from Council's consideration, public participation, agency comments and technical considerations; and 4. That all interested parties listed in Report PDS-031-24 and any delegations be advised of Council’s decision. Page 109 Municipality of Clarington Page 2 Report PDS-031-24 Report Overview The Planning and Infrastructure Services Department invites you to attend a Statutory Public Meeting to discuss proposed Housekeeping Amendments to the Municipality’s Official Plan and Zoning By-laws. The purpose of the proposed Official Plan Amendments are to:  Amend the Implementation Section of the Official Plan in order to provide alternative notice policies for amendments to the Official Plan in-keeping with s. 17(19.3) of the Planning Act, and Zoning By-law Amendments in-keeping with s. 34(14.3) of the Planning Act. This will provide policies to eliminate the requirement for public notices and meetings for minor amendments.  Amend policies introduced by Amendment Number 129 and to amend zoning provisions introduced by By-law 2021-082. The purpose of the proposed Zoning By-law Amendments are to:  Introduce two new definitions, update an existing definition, provide a general update to Additional Dwelling Unit (ADU) zoning permissions, and provide clarification to home occupation permissions. The proposed policies of the Official Plan and standards of the Zoning By-laws will simplify process and shorten approval process times in an effort to facilitate additional housing opportunities within the Municipality. Additionally, the proposed Zoning By-laws updates have been designed to accomplish a balance between the protection of the health and safety of residents and community character with the need for a straight-forward process. 1. Background Public Participation for Delegated Functions 1.1 Bill 13, the Supporting People and Businesses Act, 2021, received royal assent December 2, 2021. The Bill made changes to the Planning Act, Municipal Act, 2001 and City of Toronto Act, 2006, that enabled Council to, by a by-law, delegate the authority to pass by-laws under section 34 of the Planning Act (Zoning By-laws) that are of a minor nature to a committee of Council, or an individual who is an officer, employee, or agent of the municipality. 1.2 In response, Council approved OPA 123 on February 27, 2023 through report PDS-008- 23 (resolution JC-12-23). This OPA is part of the toolbox for the Housing Pledge to implement 13,000 units by 2031 as required by the province. Page 110 Municipality of Clarington Page 3 Report PDS-031-24 Additional Dwelling Units (ADUs): 1.3 The proposed Amendments to the Clarington Official Plan and Zoning By-law 84-63 are intended to respond to recent amendments made to the Planning Act by Bill 23, More Homes Built Faster Act, 2022 (“Bill 23”). These amendments relate primarily to the regulations permitting additional dwelling units (ADU) on lots containing detached houses, semi-detached houses and rowhouses in urban serviced areas. The Planning Act now allows ADUs on lots containing these dwelling types in urban areas on full municipal water and sanitary sewers “as-of-right” regardless of municipal zoning regulations. Accordingly, it is appropriate that the Municipality implement policies and standards to regulate such uses under the new Provincial framework in the Clarington context. 1.4 The province also introduced Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 (“Bill 97”). Bill 97 introduced further amendments to the Planning Act to clarify parking provisions initially introduced under Bill 23 for ADUs in detached houses, semi- detached houses and rowhouses. The Planning Act changes contained in Bill 97 are considered among the amendments to Zoning By-law 84-63 recommended in this Report, and proposes reducing ADU parking requirements for townhouses, introduced by By-law 2021-082, to allow for the creation of more ADUs within our existing housing stock in urban residential settlement areas. 1.5 The proposed changes to ADU Official Plan policies and zoning provisions, introduced by Amendment 129 and By-law 2021-082, includes zoning issues observed by Staff over the past 2.5 years, and is a follow up to Staff Report PDS-055-21 (see Figure 1). The proposed changes not only implement Planning Act requirements for ADUs, but also introduces updates to existing ADU zoning provisions to prevent conflicts with applicable law outside of the zoning by-law that prohibit ADUs where there are safe access issues. The proposed ADU zoning provisions also provides clarification on the registration of ADUs, which is linked to the automatic registration of an ADU where a building permit grants building occupancy, and/or where ADUs constructed before 1994 requires a fire inspection to be completed to ensure compliance with the Ontario Fire Code. Page 111 Municipality of Clarington Page 4 Report PDS-031-24 Figure 1 shows where there is potential for one or two ADUs because of Amendment 129 and By-law 2021-082 currently in effect within the Municipality. Adding new definition to Zoning By-law 84-63: “Soft Landscaping” 1.6 By-law 2020-055 as amended in Zoning By-law 84-63, added a definition for Soft Landscaping, which is referenced in the regulations for landscape open space to the Neighbourhood Character Overlay, which are a subset of zoning provisions found within the “Urban Residential Type One (R1)” Zone that are specific to the Bowmanville Neighbourhood Character Study Area. It was created to ensure half of a front yard will be vegetated, and not be covered with impervious surfaces and hardscaping. Soft landscaping zoning requirements exist elsewhere in some urban residential exception zones, but there is not an overall requirement for this within Zoning By-law 84-63. Rather than restrict the hardscaping as part of the landscaped open space in the front yard or exterior side yard, the proposed regulation now references soft landscaping which is a term used by other municipalities and is clearly defined. Page 112 Municipality of Clarington Page 5 Report PDS-031-24 Updating Home Occupations provisions in Zoning By-law 84-63 1.7 There are many existing urban residential exception zones that have unintentionally resulted in eliminating home occupation permissions, where it was a permitted use within the parent zone, the way some exception zones are written prohibits the permission for a home occupation. The technical update to Section 3.11.c) of Zoning By-law 84-63 establishes where home occupations are permitted in urban residential and rural residential zones and distinguishes the parent zones that do not permit home occupations. Adding new definition to Zoning By-law 84-63 and Zoning By-law 2005-109: “Farm Building” 1.8 The term “farm building” is mentioned within Zoning By-law 84-63 and Zoning By-law 2005-109, however, there is no definition to distinctly define it and make it easier to contrast from an accessory building/structure. The Building Code and OMAFRA guidelines has a definition a “farm building”, and the purpose of adding a definition of “farm building” that is consistent with the Building Code and OMAFRA guidelines definition, will make it easier for the public to understand what the Municipality defines as a “farm building”. This will also make it easier for Planning Staff when responding to zoning inquiries from members of the public. 2. Proposed Amendments to Clarington’s Official Plan and Zoning By-laws Public Participation for Delegated Functions 2.1 At the time of approval of OPA 123, there was no consideration to amending the policies in relation to public participation for these processes. Therefore, at this time, staff are recommending the elimination of notice to the public and the need to hold public meetings for all delegated functions as approved through OPA 123 which include:  Temporary Use Zoning By-law Amendments; and  Housekeeping By-laws for the purposes of making clerical or other changes to assist in the interpretation of a Zoning By-law. 2.2 The Amendment will simplify the process for citizens and shorten approval process times and will also allow for certain housekeeping items to be updated quicker and more frequently to ensure the Zoning By-law is as up to date as possible (see Attachment 2). Proposed Clarington Official Plan Amendment 137 and Zoning By-law Amendment to incorporate legislative enactments brought on by Bill 23 2.3 The proposed Clarington Official Plan Amendment 137 and Zoning By-law Amendment incorporate the required Planning Act changes from Bill 23 that permit two ADUs within any legally permitted single detached, semi-detached or townhouse dwelling that is Page 113 Municipality of Clarington Page 6 Report PDS-031-24 located on a “Parcel of Urban Residential Land”, that are fully connected to municipal services, that being existing urban residential lots of records within Courtice, Bowmanville and Newcastle. The alternative option to have one ADU within a principal residential building and an accessory structure will remain for existing urban residential lots of records within Courtice, Bowmanville and Newcastle (see Attachments 1 and 4). Proposed Clarington Official Plan Amendment 137 and Zoning By-law Amendment that expand permissions to partially serviced lots 2.4 The proposed Amendments recommend that two ADUs can be permitted on single detached dwelling lots that are partially serviced by Municipal servicing (i.e., water), and private servicing (i.e., septic system) subject to the obtaining the applicable permits and permissions from the Regional Municipality of Durham. This applies to lots within the urban settlement boundaries of Courtice, Bowmanville, Newcastle and Orono, and the hamlet boundary of Newtonville. There is already the potential for two ADUs on lots within the mentioned urban settlement areas and hamlet. By permitting the option to have two ADUs within the principal residential building or the existing permission for one ADU in the principal residential building and one ADU in an accessory building, allows for gentle intensification to be condensed in on an existing lot of record, and supports the creation of multi-generational homes (see Attachments 1 and 4). 2.5 The Municipality of Clarington is identified as one of the fastest growing regions by the province, and the proposed Amendments is in-line with provincial direction to increase housing supply within existing urban settlement areas, that already has existing infrastructure in place to accommodate population growth. ADUs: Proposed Clarington Official Plan Amendment 137 Areas where ADUs may or may not be permitted 2.6 The Planning Act provides direction for municipal official plans and zoning by-laws to permit as-of-right, up to three residential units on a parcel of urban residential land which are fully connected to municipal services. This could be three units in a detached, semi-detached, or rowhouse, or up to two residential units in the principal residential building and up to one residential unit in an accessory building on the lot. There are also other Provincial policies and regulations, that provide protection of natural heritage features, particularly on lands within the ORM and the Greenbelt by restricting other types of land uses such as residential uses from occurring within these areas. There are also existing Official Plan policies that must be adhered to when passing any zoning by - law amendment. Hazardous Lands 2.7 Provincial documents and direction generally prohibit new development within floodplains and other hazard lands to avoid putting people at risk. Hazards Lands” and the “Regulatory Shoreline Area” is identified on Map F of the Clarington Official Plan. Page 114 Municipality of Clarington Page 7 Report PDS-031-24 The “Regulatory Shoreline Area” is the area along the Lake Ontario Waterfront which is subject to dynamic beaches, flooding and/or erosion hazards. The recommended Official Plan Amendment and Zoning By-law Amendment proposes to prohibit ADUs from being constructed in “Hazard Lands”, which include flood plains, areas subject to erosion, dynamic beach hazards, and/or where safe access to the ADUs would be rendered inaccessible to people and vehicles during times of flooding hazards (see Attachment 1). 2.8 Being more permissive in allowing ADUs is a tool the Province is using to deliver more dwelling units, faster, however, this also has to be balanced against other Provincial interests and directions. There are “Hazard Land” policies in the Clarington Official Plan that prohibit development in areas prone to hazards and ADUs would fall under the Clarington Official Plan’s definition of “development”. Hazardous Lands: Safe Access 2.9 Ensuring safe access is a fundamental aspect of Ontario's Provincial Policy Statement (PPS), a guiding document that shapes land use planning and development across the province. The PPS emphasizes the importance of facilitating safe and efficient access to land uses and development while prioritizing public safety. Safe access encompasses various aspects such as road connectivity, pedestrian infrastructure, and emergency service access. Limiting the placement of ADUs is influenced by this principle, as areas with inadequate access infrastructure or high-risk conditions, such as flood-prone zones, or where there are erosion hazards, and/or dynamic beach hazards, may be deemed unsuitable for residential development. Therefore, adherence to the PPS's directives on safe access informs decisions regarding where ADUs can be located, ensuring that development occurs in areas where there is safe access and can adequately support the needs of residents while mitigating safety risks. 2.10 Furthermore, Amendment 129 initially proposed to prohibit Accessory Dwelling Units (ADUs) in lands designated as "Environmental Protection Areas," as well as within the "Regulatory Shoreline Area" and "Hazard Lands," as outlined in the draft proposal presented to Council in November 2021. However, these proposed Official Plan policies were ultimately excluded from the final version of Amendment 129 upon its passage by Council. Planning Staff now recommend introducing a new section in the proposed Official Plan Amendment 137 to provide clarity to the public regarding areas where ADUs would not be permitted due to concerns over safe access during flooding events. This recommendation stems from inquiries received by the Planning & Infrastructure Staff regarding ADU permissions in the "Regulatory Shoreline Area." With information on safe access issues relating to flooding hazards coming from the Conservation Authority (who have the expertise on natural hazards), members of the public have been informed that they cannot have an ADU where there are safe access issues. Therefore, Staff propose the inclusion of a dedicated section in the draft Official Plan Amendment 137 to disseminate information to the public regarding the prohibition of residential uses, including ADUs, in areas prone to hazards such as compromised safe access from flooding hazards (see Attachment 1). Page 115 Municipality of Clarington Page 8 Report PDS-031-24 ADUs: Proposed Zoning By-law Amendment ADU Permissions in the Oak Ridges Moraine: Zoning By-law 2005-109 2.11 ADU permissions will remain the same when first introduced in By-law 2021-082 back in 2021. Hazardous Areas: Zoning By-law 84-63 2.12 The “Environmental Protection (EP)” zoning in Zoning By-law 84-63 only restricts development from floodplain areas, that are mapped by the Conservation Authority, as well as 30 metres form a watercourse where the floodplain mapping as not been defined. but the current Zoning By-law 84-63 within Clarington does not fully capture instances of safe access issues, erosion hazards and/or beach dynamic hazards which creates safety issues for permitting ADUs. The proposed Zoning By-law Amendment would direct ADUs away from hazardous areas where residential are to be avoided. 2.13 To be in conformity with the Planning Act and the Official Plan, the recommended Zoning By-law Amendment states that “Moreover, additional dwelling units shall not be permitted where residential uses are prohibited. This can include areas subject to hazards such as where safe access to the additional dwelling unit would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards, and/or dynamic beach hazards”. This proposed zoning provision ensures there is a mechanism in place to restrict ADUs from being situated in hazardous areas and would be determined through consultation with the Conservation Authority (see Attachment 4). ADU Permissions in the Greenbelt: Zoning By-law 84-63 2.14 The proposed Zoning By-law Amendment clarifies that ADUs are not permitted in farm buildings which are not built for human occupancy. ADU permissions will remain the same when first introduced in By-law 2021-082 back in 2021 (see Attachment 4). Reducing ADU parking requirements for townhomes: Zoning By-law 84-63 2.15 One of the proposed zoning amendments is reducing parking requirements for ADUs within townhouses. The reason for the proposed reduction is because townhouses are already designed with two off -street parking spaces, which is a requirement for the principal dwelling unit. The proposed zoning amendment would reduce requiring one additional parking space per ADU, to be one parking space per dwelling unit. This is so existing and new townhouses have the potential to have at least one ADU. If the property owner wants a second ADU within their townhouse, then the second ADU would require a third parking space. In general, townhouses are constructed with only two parking spaces as per Section 3.16.e) of Zoning By-law 84-63, and the existing parking requirement for ADUs would pose an issue for townhouses, as there is little opportunity most times, to add additional parking spaces on the lot because of the Page 116 Municipality of Clarington Page 9 Report PDS-031-24 reduced lot frontage and lot area dimensions used for townhouses, which are smaller than the lot dimensions that are applied for singles and semis (see Attachment 4). 2.16 Reduced parking requirements facilitates efficient land use through reducing land use consumption by impermeable paving, allowing increased soft landscaping to support drainage. The necessity to add an additional parking space (i.e., three total parking spaces) for townhouses does not provide the ability to maintain minimum Landscaped Open Space requirements, ultimately discouraging the provision of a mix of housing options to meet the needs of diverse families and income levels. Removing the requirement for ADU to be smaller than the Principal Dwelling Unit and/or Principal Residential Building: Zoning By-law 84-63 2.17 Another proposed change in the Zoning By-law Amendment, is removing the maximum size requirement for an ADU to be smaller than principal dwelling unit when in the principal residential building. The existing zoning provision to restrict an ADU in an accessory structure to be smaller than the principal residential building has also been removed (see Attachment 4). Updating the registration requirement for ADUs: Zoning By-law 84-63 & Zoning By-law 2005-109 2.18 Another proposed change in the zoning amendment, is the Municipality no longer requires a separate application to be made when someone wants to construct an ADU. If someone wants to construct an ADU, the zoning permission needs to be there first to permit, and they would require a building permit. The ADU will be automatically registered with a building permit that has been granted building occupancy if the ADU is constructed after 1994. Any existing additional dwelling units constructed before 1994 requires a fire inspection to be completed to ensure compliance with the Ontario Fire Code, to be registered as a legal additional dwelling unit (See Attachment 4). Other proposed Zoning By-law Amendments Addition of “Soft Landscaping” Definition: Zoning By-law 84-63 2.19 The implementation of soft landscaping requirements aligns to Clarington’s commitment to creating vibrant and sustainable urban places. Ensuring there is soft landscaping through native planting, trees, and permeable design adheres to the prioritization of sustainable design and environment-first principles. The restricted capacity for hardscaping and impervious materials through soft landscaping will contribute to a healthier ecosystem and reduce environmental impact by protecting biodiversity, allowing for adequate drainage, and mitigating flood risks. The proposed zoning amendment will require 40% soft landscaping in the front yard for i nterior lots, and the front yard and exterior side yard for exterior lots for urban and rural residential lots. This proposed Amendment, changes the current requirements of maintaining a minimum 30% landscaped open space in the front yard. The issue with the current requirement in Page 117 Municipality of Clarington Page 10 Report PDS-031-24 the zoning by-law, is the risk of laying down interlocking across the entirety of urban or rural residential lots since interlocking is currently permitted under landscaped open space. The proposed requirement of maintaining 40% soft landscaping in the front yard and exterior side yard will promote positive stormwater management practises in new and existing neighbourhoods and contribute to enhancing the health and safety of communities (see Attachment 3). Addition of “Farm Building” Definition: Zoning By-law 84-63 & Zoning By-law 2005-109 2.20 The proposed addition of a “Farm Building” definition to Section 2 of Zoning By-law 84- 63, will provide greater clarity to differentiate what a farm building is versus an accessory building that is secondary to the principal residential building. In addition to the proposed definition of a “Farm Building”, property owners are required to fill out a farm declaration form as part of building permit application to construct a farm building in zone the that permits that use, and on a viable farming operation that is above 2 hectares in lot size within the “Agricultural (A)” zone (see Attachment 3). 2.21 The proposed addition of a “Farm Building” definition to Section 3 of the Zoning By-law, will provide greater clarity to differentiate what a farm building is versus an accessory building that is secondary to the principal residential building. In addition to the proposed definition of a “Farm Building”, property owners are required to fill out a farm declarat ion form as part of building permit application to construct a farm building in zone the that permits that use, and on a viable farming operation that is above 2 hectares in lot size within the “Prime Agricultural (A)” zone (see Attachment 3). Update to Home Occupations: Zoning By-law 84-63 2.22 The proposed change to Section 3.11.c) of the Zoning By-law to includes a provision that says: “Home occupations are permitted within any legally permitted single detached, semi-detached or townhouse dwelling except in the Environmental Protection Zone, the Residential Mobile Home Park Zone, and the Residential Estate Zone ”. This proposed provision fixes some urban residential and rural residential exception zones that unintentionally restricted the permission for a home occupation (see Attachment 3). Same zoning definition for “landscaped open space” in Zoning By-law 84-63, and “landscape area” within Zoning By-law 2005-109 2.23 “Landscaped open space” is a definition that is found within Zoning By-law 84-63, and “Landscape Area” is a zoning definition found within Zoning By-law 2005-109. Zoning By-law 84-63 and Zoning By-law 2005-109 currently have different zoning definitions. The proposed Amendment is to have the same definition for both zoning by-laws. Planning Staff have conducted research of zoning definitions from five other municipalities (i.e., Markham, Caledon, Woolwich, Oshawa, and Peterborough) to compare and contrast their related definitions to “landscaped open space”, “soft landscaping” and “landscape area” in our zoning by-law (see Attachment 5). Page 118 Municipality of Clarington Page 11 Report PDS-031-24 2.24 From the research conducted, Planning Staff have pieced together a zoning definition that is more in-line with our Municipality’s context in relation to stormwater management, and in delivering on the priorities of the Municipality’s Strategic Plan, which includes “Design and implement Priority Green standards for all new development” and “be a leader in anticipating and addressing the impacts of climate change”. 3. Public Participation Public Meeting Notice 3.1 Bill 185 enables municipalities to provide notice of a public meeting on a municipal website, instead of in a newspaper (if there is no local print newspaper available). 3.2 In accordance with the Planning Act, the statutory Public Meeting was advertised at least 21 days prior to the date of the Public Meeting (May 24, 2024). The Public Meeting was advertised the Orono Times for three weeks, beginning on May 29, 2024. 3.3 On May 24, 2024, the website https://www.clarington.net/en/your-community/additional- dwelling-units.aspx was published. The website provides information on the project, municipally initiated work to update ADU permissions in 2021 which included Amendment 129 and By-law 2021-082 and hosts the Draft Official Plan and Zoning By- law Amendments that will be presented at the Public Meeting. The website also hosts the recommended Amendments (as found in the Attachments 1-4) as well as staff contact information for members of the public to submit comments and/or questions. 4. Department and Agency Comments 4.1 In accordance with the Planning Act, Notice of the Public Meeting was either mailed or emailed to the prescribed public bodies. Over 20 departments and/or agencies were requested to provide comments on the proposed Amendments to the Official Plan and Zoning By-laws. 5. Financial Considerations Not Applicable. 6. Concurrence Not Applicable. 7. Conclusion 7.1 The purpose of the Public Meeting report is to provide background information on the proposed Official Plan and Zoning By-law Amendments. Should there be no significant concerns from the public, it is recommended that Council approve the Page 119 Municipality of Clarington Page 12 Report PDS-031-24 recommended Official Plan and Zoning By-law Amendments as found in the Attachments 1 to 4 of this report. 7.2 As noted above, the Planning Act states that the adoption of ADU policies in an Official Plan or amendments to Zoning By-laws to give effect to the Official Plan policies are not appealable. Staff Contact: Jacob Circo, Planner II, 905-623-3379 ext.2425 or jcirco@clarington.net or Amanda Tapp, Manager, Development Review, (905) 623 -3379 x 2427 or atapp@clarington.net. Attachments: Attachment 1 – Draft Clarington Official Plan Amendment 137 Attachment 2 – Draft Clarington Official Plan Amendment 138 Attachment 3 – Draft Zoning By-law Amendment (Definitions, and Home Occupations) Attachment 4 – Draft ADU Zoning By-law Amendment Attachment 5 – Research from 5 different municipalities on landscaped open space and soft landscaping definitions Interested Parties: List of Interested Parties available from Department. Page 120 Amendment Number 137 To The Municipality of Clarington Official Plan Purpose:The purpose of this amendment is to add policies of the Clarington Official Plan to enact changes that have been made to the Planning Act from Bill 23 – More Homes Built Faster Act, 2022, regarding Additional Residential Units and ensure the Clarington Official Plan remains in conformity with Provincial goals. Location: The Official Plan Amendment affects all lands within the Municipality of Clarington. Basis:On November 28, 2022, Bill 23 – More Homes Built Faster Act, 2022 was introduced to make changes to a variety of statutes relating to Additional Residential Units in the Planning Act. The effect of this amendment to our Additional Dwelling Unit policies, is to implement the new changes introduced to Sections 17 (24.1), 17 (36.1) and 34 (19.1) of the Planning Act, from Bill 23 – More Homes Built Faster Act, 2022, and to ease some restrictions. Actual Amendment: The Clarington Official Plan is hereby amended as follows: 1. Section 6.3.5 is deleted in its entirety and replaced with the following: “6.3.5 One additional dwelling unit is permitted within any permitted single detached, semi-detached or townhouse dwelling, and one additional dwelling unit is permitted in an accessory building that is secondary to the principal residential building, for a maximum total of three dwelling units on a lot.” 2. Section 6.3.7 is amended as follows: “6.3.7 Notwithstanding section 6.3.5, within the Protected Countryside of the Greenbelt Plan, but outside of the Environmental Protection Area as identified in the Zoning Bylaw, one additional dwelling unit is only permitted within either a single detached dwelling or an accessory building that existed on (or building permits were issued prior to) July 1, 2017. Additional dwelling units are not permitted within farm buildings.” Attachment 1 to PDS-031-24 Page 121 3.Existing Section 6.3 is amended by adding new Sections 6.3.11 to 6.3.13 as follows and all subsequent existing sections are renumbered accordingly: “6.3.11 Notwithstanding section 6.3.5, within the urban settlement boundaries of Courtice, Bowmanville and Newcastle, two additional dwelling units are permitted within any legally permitted single detached, semi-detached, or townhouse dwelling, or one additional dwelling unit is permitted within any legally permitted single detached, semi- detached, or townhouse dwelling, and one additional dwelling unit is permitted in an accessory building on the same lot that is connected to full municipal services, for a maximum total of three dwelling units on a lot. 6.3.12 Notwithstanding 6.3.5 and 6.3.11, two additional dwelling units are permitted within any legally permitted single detached dwelling, or one additional dwelling unit is permitted within any legally permitted single detached dwelling and one additional dwelling unit is permitted within an accessory building on the same lot that is partially connected to municipal services within Courtice, Bowmanville, Newcastle, Orono or Newtonville settlement boundaries, for a maximum total of three dwelling units on a lot. This is subject to regulations in the Zoning By-law. 6.3.13 Notwithstanding 6.3.5, additional dwelling units are not permitted within Hazard Lands, the Regulatory Shoreline Area, or where safe access to the additional dwelling unit would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards, and/or dynamic beach hazards.” Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. File number: COPA2024-0002 Page 122 Amendment Number 138 To The Municipality of Clarington Official Plan Purpose:The purpose of this amendment is to add policies to the Clarington Official Plan to enact changes that have been made to the Planning Act resulting from Bill 13, Supporting People and Business Act, 2021. Location: The Official Plan Amendment affects all lands within the Municipality of Clarington. Basis: On October 7, 2021, Bill 13, Supporting People and Businesses Act, 2021, was introduced to make changes to a variety of statutes, including the Planning Act. Bill 13 enables Town Council to delegate authority to pass by-laws that are minor in nature under Section 34, Zoning By-laws, of the Planning Act to a committee of Council, or an individual who is an officer, employee or agent of the municipality, provided enabling Official Plan policy is in place. The effect of the proposed Official Plan Amendment would eliminate notice to the public and a public meeting for Zoning By- law amendments that have been delegated under Section 34 of the Planning Act Actual Amendment: The Clarington Official Plan is hereby amended as follows: 1.Existing Section 23 Implementation is amended by updating subsection 23.2 as follows: “23.2.7 Notwithstanding Section 23.2.1 public notice and a public meeting may not be required for Zoning By-law amendments that have been delegated under Section 34 of the Planning Act.” Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment File number: COPA2024-0002 Attachment 2 to PDS-031-24 Page 123 Attachment 3 to PDS-031-24 Corporation of the Municipality of Clarington By-law Number 2024-XXX being a By-law to amend By-law 84-63 and By-law 2005-109. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63 and By-law 2005-109; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By-law 84-63 is amended as set out in Sections 3 through 5 of this By-law. 2. By-law 2005-109 is amended as set out Sections 6 through 7 of this By-law. 3. By-law 84-63 is amended by deletion of the definition of “Landscaped Openspace” in Section 2 and replacing it with the following: “Landscaped Openspace An open unobstructed space from ground to sky on a lot which is used exclusively for landscaping and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may detrimentally affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be located at the finished grade of a lot. The term landscaped area includes any surfaced walks, surfaced patios, deck of not more than 0.2m above finished grade, storm water management pond, swimming pool, decorative pool or pond, or similar areas, but shall not include any driveway, ramp (whether surfaced or not), curb, parking lot, delivery space, loading space, or any space below, within or on top of a building or structure, or any lands zoned Environmental Protection (EP).” a) By-law 84-63 is amended by the addition of the following definition to Section 2: “Soft Landscaping” The portion of a lot comprised of any combination of flowers, grass, shrubs, sod, trees, or other horticultural elements and that is not covered by impervious surfaces. It must not include any buildings or structures, any hard surface areas Page 124 Zoning By-law Amendment PAGE 2 such as, but not limited to, driveways, parking lots, decorative stonework, walkways, patios, screening, or other landscape architectural elements .” b) By-law 84-63 is amended by the addition of the following definition to Section 2: “Farm Building” A building or part thereof which does not contain a residential occupancy or a habitable room for human occupancy, and which is associated with and located on land devoted to the practice of farming and used essentially for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds, or manure storage and anaerobic digester. These types of buildings include but limited too barns, silos, pole barn, drivesheds, manure storages, anaerobic digesters greenhouses, fruit, and vegetable storage buildings. A farm building is not the same as an accessory structure or building that is secondary to the principal residential building.” 4. By-law 84-63 is amended by deletion of Section 3.11.c) and replacing it with the following: "Home occupations are permitted within any legally permitted single detached, semi- detached or townhouse dwelling except in the Environmental Protection Zone, the Residential Mobile Home Park Zone, and the Residential Estate Zone. The following regulations apply to dwelling units wherein a home occupation is permitted”. 5. By-law 84-63 is amended by deletion of Section 3.16.c.iii) and replacing it with the following: "Parking spaces provided in the front yard for detached, semidetached and/or townhouse units must not reduce the minimum soft landscaping within the front yard or exterior side yard below 40 percent”. 6. By-law 2005-109 is amended by the deletion of the definition of “Landscaped Area” in Section 3 and replacing it with the following: “Landscaped Area An open unobstructed space from ground to sky on a lot which is used exclusively for landscaping and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may detrimentally affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be located at the finished grade of a lot. The term landscaped area includes any surfaced walks, surfaced patios, deck of not more than 0.2m above finished grade, storm water management pond, swimming pool, decorative pool or pond, or similar areas, but shall not include any driveway, ramp (whether surfaced or not), curb, parking lot, delivery space, loading space, or any space below, within or on top of a building or structure, or any lands zoned ‘EP- Environmental Protection.’” Page 125 Zoning By-law Amendment PAGE 3 a) By-law 2005-109 is amended by the addition of the following definition in Section 3: “Farm Building A building or part thereof which does not contain a residential occupancy or a habitable room for human occupancy, and which is associated with and located on land devoted to the practice of farming and used essentially for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds, or manure storage and anaerobic digester. These types of buildings include but limited too barns, silos, pole barn, drivesheds, manure storages, anaerobic digesters greenhouses, fruit, and vegetable storage buildings. A farm building is not the same as an accessory structure or building that is secondary to the principal residential building.” 7. By-law 2005-109 is amended by deletion of Section 4.7.1 a) and replacing it with the following: “Landscaped Area shall mean an open unobstructed space from ground to sky on a lot which is used exclusively for landscaping and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may detrimentall y affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be l ocated at the finished grade of a lot. The term landscaped area includes any surfaced walks, surfaced patios, deck of not more than 0.2m above finished grade, storm water management pond, swimming pool, decorative pool or pond, or similar areas, but shall not include any driveway, ramp (whether surfaced or not), curb, parking lot, delivery space, loading space, or any space below, within or on top of a building or structure, or any lands zoned ‘EP-Environmental Protection.’” 8. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By-Law passed in open session this day of , 20 Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 126 Attachment 4 to PDS-031-24 Corporation of the Municipality of Clarington By-law Number 2024-XXX being a By-law to amend By-law 84-63 and By-law 2005-109. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63 and By-law 2005-109 for ZBA2024-00XX. Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By-law 84-63 is amended as set out in Sections 3 through 4 of this By-law. 2. By-law 2005-109 is amended as set out in Section 5 of this By-law. 3. By deleting Section 3.2 and replacing it as follows: “3.2 Additional Dwelling Units a. One additional dwelling unit is permitted within any legally permitted single detached, semi-detached or townhouse dwelling, and one additional dwelling unit is permitted in an accessory building that is secondary to the principal residential building, for a maximum total of three dwelling units on a lot. b. Notwithstanding Section 3.2 a., two additional dwelling units is permitted within any legally permitted single detached, semi-detached or townhouse dwelling, or one additional dwelling unit is permitted within any legally permitted single detached, semi-detached or townhouse dwelling and one additional dwelling unit is permitted in an accessory building on the same lot, located within Urban Residential (R1, R2, R3) Zones or Mixed Use Zones inclusive of all exception zones that permits a principal residential building that is connected to full municipal services, for a maximum total of three dwelling units on a lot. c. Notwithstanding Section 3.2 a., two additional dwelling units is permitted within any legally permitted single detached dwellings, or one additional dwelling unit is permitted within any legally permitted single detached dwellings and one additional dwelling unit is permitted in an accessory Page 127 Zoning By-law Amendment Page 2 building on the same lot, located within Urban Residential (R1, R2) Zones, Residential Hamlet (RH) Zone, Agriculture (A) Zone, or Agricultural Exception (A-1) Zone that is partially connected to municipal services within Courtice, Bowmanville, Newcastle, Orono or Newtonville settlement boundaries, for a maximum total of three dwelling units on a lot. This is inclusive of all exception zones in the Urban Residential (R1, R2) Zones and Residential Hamlet (RH) Zone in the mentioned settlement boundaries that permit a single detached dwelling. This is subject to obtaining the applicable servicing permits and permissions from the Regional Municipality of Durham. d. Notwithstanding Section 3.2 a., additional dwelling units are not permitted within the Environmental Protection Zone. Moreover, additional dwelling units shall not be permitted where residential uses are prohibited, as determined by the Conservation Authority. This can include areas subject to hazards such as where safe access to the additional dwelling unit would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards, and/or dynamic beach hazards. e. Notwithstanding Section 3.2 a., additional dwelling units are only permitted within single detached dwellings or accessory buildings that existed on (or where building permits were issued prior to) July 1, 2017 for lands within the Protected Countryside within the Greenbelt Plan. Additional dwelling units is not permitted within farm buildings. f. Within Urban Residential Zones and Mixed Use Zones, entrances for an additional dwelling unit within the principal residential building may be through a common door in the front building façade. Additional, separate entrances for either the additional dwelling unit or the principal dwelling must be accessed via the rear or side yard. g. Where an additional dwelling unit is located within an accessory building: i) Notwithstanding Section 3.1 c., the accessory building must: a) Conform to the zone’s front yard and exterior side yard setback requirements for residential uses; b) Have a minimum rear yard and interior side yard setback of 1.8 metres; c) Not exceed, whichever is less: i) lot coverage of 10% for the additional dwelling unit, or ii) the zone regulation’s lot coverage maximum; and d) Have a maximum height of 6.5 metres within Agricultural and Rural Residential Zones, and 5.25 metres within Urban Residential Zones. h. Additional dwelling units constructed after 1994, is automatically registered with a building permit that has granted building occupancy. Any additional dwelling units constructed before 1994, requires a fire inspection to be Page 128 Zoning By-law Amendment Page 3 completed to ensure compliance with the Ontario Fire Code, and to be registered as a legal additional dwelling unit. i. A home occupation is permitted within an additional dwelling unit, subject to Section 3.11B. j. An accessory building containing an additional dwelling unit may not be severed from the lot accommodating the principal residential building. In no case shall an additional dwelling unit be considered a residence surplus to a farm operation.” 4. The Parking Space Requirement Table within Section 3.16 of By-law 84-63 is amended as follows: Parking Space Requirement Table Type or nature of use Minimum off street parking requirement (v) a) Additional dwelling unit or Garden Suite “1 parking space for each additional dwelling unit or garden suite. 1 parking space per dwelling unit for townhouse dwellings only” 5. By deleting Section 5.7.3 of By-law 2005-109 and replacing it as follows: “5.7 Additional Dwelling Units 5.7.3 Additional dwelling units constructed after 1994, is automatically registered with a building permit that has granted building occupancy. Any additional dwelling units constructed before 1994 requires a fire inspection to be completed to ensure compliance with the Ontario Fire Code, and to be registered as a legal additional dwelling unit.” 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 24.2 of the Planning Act. By-Law passed in open session this day of , 20 Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 129 Landscaped Openspace and Soft Landscaping Definition Research Clarington Landscaped Openspace Definition defined on Zoning By-law 84-63 and landscaped area in Zoning By-law 2005-109: Section 2 of Zoning By-law 84-63 defines landscaped openspace as: “Shall mean the open unobstructed space from ground to sky at finished grade on a lot which is used exclusively for landscaping, and includes any surfaced walk, patio, deck or similar area no more than 200 mm above finished grade, at its highest point, but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath or within any building or structure”. Section 2 of Zoning By-law 84-63 defines landscaping as: ‘Shall mean any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land”. Soft Landscaping is only defined within the Urban Residential Type One (NCO) zoning provisions of Zoning By-law 84-63: “Soft landscaping means the portion of a 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 any 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”. Section 4.7.1.a) of Zoning By-law 2005-109 defines a landscaped area as: “Landscaped Area shall mean an open area designed and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may detrimentally affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be located at the finished grade of a lot. The term landscaped area includes any surfaced walks, patios or similar areas, but shall not include any driveway, ramp, curb, parking area, or any space below, within or on top of a building or structure, or any lands zoned "EP - Environmental Protection". City/Town Landscaped Openspace Equivalent Definition Soft Landscaping Equivalent Definition Landscaping Equivalent Definition Markham means that space on a lot which is not covered by buildings or structures and is They don’t have a definition of soft landscaping, but do have many exception zones tied with a specific development that means trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, Attachment 5 to PDS-031-24 Page 130 used exclusively for landscaping require “soft landscaping shall be provided in the front or exterior side yard in which the driveway is located” screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and shall not include parking areas, driveways or ramps and shall not be used for the parking of motor vehicles and may include walkways, driveways and ramps that provide access onto the lot from the street. Peterborough means open unobstructed space at ground level on a lot used only for the cultivation and maintenance of grass, flowers and other growth and landscaping or as surfaced walk, patio, pool, or similar area and not for vehicular traffic or parking No definition No definition Oshawa means open space on a lot which is used for landscaping of any kind or land which is used for any accessory recreational purpose and, notwithstanding the generality of the foregoing, includes lawns, flower beds, shrubbery, trees No definition No definition Page 131 and other plantings, decorative pools, ponds and other natural water bodies, private walkways, patios, unenclosed porches, tennis courts, shuffleboard courts, playgrounds, swimming pools, pool areas, decks and similar recreational facilities, but does not include any parking space, aisle, driveway or loading space. Caledon No definition, but a lot of zones refer to definition of Landscaped Area shall mean vegetative materials such as trees, shrubs, grass, flowers, vegetables or any other plant material but shall not include any 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. means that portion of the lot area of a lot required for the growth and maintenance of grass, flowers, bushes, trees and other landscaping. This definition may include any surfaced walk, surfaced patio, storm water management pond, swimming pool, play facility, deck not more than 0.6 metres above grade or similar area but shall not include any driveway or ramp (whether surfaced or not) nor any curb, retaining wall, parking area, Page 132 delivery space, loading space, nor any open space within a building or structure Woolwich No definition, refers to landscaped areas No definition, refers to landscaped areas A landscaped area may include grass, flowers, shrubs, trees and landscape amenity features but shall not include impervious surfaces such as, but is not limited to, concrete, paving stones, turf stone, asphalt and/or gravel Page 133 Notice of Public Meeting A land use change has been proposed, we want to hear from you! The Municipality is seeking public comments before making a decision on an application for an Official Plan Amendment, Zoning By-law Amendment, and proposed plan of subdivision. Proposal Weston Consulting has submitted applications on behalf of Kaitlin Corp. for an official plan amendment, zoning by-law amendment and a plan of subdivision. The proposal will be developed in phases and consists of nine high-rise mixed-use buildings with heights ranging from 30 to 40 storeys. The proposal contains approximately 3,900 dwelling units and 2,700 sq uare metres of retail space. It also includes outdoor private amenity space, a linear park and one level of underground parking on each of the blocks. Block B also contains a podium for a 4 level above ground parking garage. The total site area is 4.8 hectares. Property 0 Prince William Boulevard ; 1850 Bowmanville Avenue ; 1800 Bowmanville Avenue, Bowmanville Future GO Station Site Page 134 Find Out More Information and materials submitted in support of this application are identified and/or available for viewing at the following website: https://www.clarington.net/BowmanvilleHighRise or at the Planning and Infrastructure Services desk located at 40 Temperance Street, Bowmanville ON L1C 3A6; between the hours of 8:30 a.m. – 4:30 p.m. during regular business days. For more information about this matter, including information about appeal rights, contact Nicole Zambri, Senior Planner, Development Review Division at 905-623-3379, extension, 2422 or by email at nzambri@clarington.net Public Meeting Information A Public Meeting has been scheduled for this application. Written comments are encouraged to be submitted prior to the Public Meeting. You can also request to be added to the interested party list to receive updates regarding this application. Public Meeting Date: Monday June 17th, 2024 Time: 6:30 p.m. How to Attend the Meeting You may provide comments at the Statutory Public Meeting either in person, by Microsoft Teams, or by telephone. In Person: Council Chambers Municipal Administrative Centre 40 Temperance Street, Bowmanville, ON L1C 3A6 Virtually: To participate electronically, please pre-register by completing the online form at http://www.clarington.net/delegations or contact the Clerk’s Division at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, June 14th, 2024, at 3:30 p.m. A link and telephone number will be provided to you once registered. This meeting will also be live streamed for public viewing at https://www.clarington.net/en/town-hall/council-meeting-calendar.aspx You do not need to pre-register as a delegate in order to speak in person. Please submit your written comments on the proposed application to Nicole Zambri at nzambri@clarington.net or by mail to 40 Temperance Street, Bowmanville, ON L1C 3A6 prior to the date of the public meeting. File Numbers: COPA2024-0001, ZBA2024-0002, S-C-2024-0001 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 Deputy CAO, Planning and Infrastructure Services Page 135 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: June 17, 2024 Report Number: PDS-032-24 Authored By: Nicole Zambri Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Reviewed By: Rob Maciver, Acting CAO File Number: COPA-2024-0001, ZBA-2024-0002, S-C-2024-0001 Resolution#: Report Subject: Applications for Clarington Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a mixed-use intensification proposal consisting of nine high-rise buildings between 30 and 40 storeys and containing a total of 3,900 units and 2,700 square metres of retail space in the proposed Bowmanville Transit Station Area 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-032-24 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 Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications submitted by Weston Consulting on behalf of Kaitlin Corp. and continue processing the applications including the preparation of a subsequent recommendation report; and 3. That all interested parties listed in Report PDS-032-24 and any delegations be advised of Council’s decision. Page 136 Municipality of Clarington Page 2 Report PDS-032-24 Report Overview The Municipality is seeking the public’s input on applications for a proposed Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a mixed-use intensification proposal consisting of nine high-rise buildings between 30 and 40 storeys and containing a total of 3,900 units and 2,700 square metres of retail space in the proposed Bowmanville Transit Station Area. The applicants are looking to advance their development proposal, ahead of the adoption or approval of the ongoing Bowmanville West Major Transit Station Area Secondary Plan. The current Secondary Plan is being updated to reflect the new policy and development framework of Major Transit Station Areas where the Bowmanville Go Strain Station is proposed. The subject lands are located at the southwest corner of Bowmanville Ave. and Highway 2, in Bowmanville adjacent to the Bowmanville Go Station. 1. Application Details 1.1 Owner: Kaitlin Corp 1.2 Agent: Weston Consulting 1.3 Proposal: Clarington Official Plan Amendment A site-specific amendment to the Clarington Official Plan to:  to increase the maximum building height within the Urban Centre from 12 storeys to 40 storeys;  to remove the minimum building height of 4 storeys; and  to allow for a linear park and strata parks. Secondary Plan Amendment A site-specific amendment to the Bowmanville West Town Centre Secondary Plan to:  to permit transit-supportive, high-rise mixed use development;  to delete policies related to the General Commercial, Office Commercial, Residential and Park designations and apply a new site -specific designation “High-Rise High Density Mixed Use”;  to permit mixed use buildings in conjunction with apartment buildings located on the same site;  to permit a range of retail and service commercial uses, office uses, hotel and convention facilities, as well as public and private type uses;  to allow a linear park on Map A, as opposed to a neighbourhood park;  to delete policies related to restrictions on retail thresholds for accessory use and maximum full-service banks and financial institutions; and Page 137 Municipality of Clarington Page 3 Report PDS-032-24  to delete policies related to the setbacks to the CP Rail corrido r and replace with setbacks and requirements to the satisfaction of the rail authority and Metrolinx. Zoning By-law Amendment To rezone the subject lands from “Agricultural (A) Zone”, “Holding – Office Commercial ((H)OC) Zone” and “Agricultural Exception (A-82) Zone” to an appropriate “Urban Centre Mixed Use Exception (MU3) Zone” for the high-rise mixed-use development in Zoning By-law 84-63. The rezoning also proposes to recognize a linear park through a hatched area of the draft zoning by-law. 1.4 Area: 4.8 Hectares 1.5 Location: 0 Prince William Boulevard; 1800 and 1850 Bowmanville Avenue, Bowmanville (see Figure 1) 1.6 Roll Numbers: 1817-010-020-16000, 1817-010-020-17290, 1817-010-020-17292 1.7 Within the Built Boundary? Yes Page 138 Municipality of Clarington Page 4 Report PDS-032-24 2. Background 2.1 On November 10, 2023, Weston Consulting, on behalf of Kaitlin Corporation submitted applications for an Official Plan Amendment, Zoning By-law Amendment and draft plan of subdivision to permit a high-density, mixed-use development adjacent to the future GO station in Bowmanville. 2.2 Prior to submitting the applications, Staff suggested that the applicants hold off on submitting the applications until the Bowmanville West Major Transit Station Area Secondary Plan was complete. However, the applicants decided to proceed with the applications in advance. 2.3 The site at 1850 Bowmanville Ave. (southwest corner) was previously subject to an application to amend the Official Plan and Zoning By-law to permit a drive-through restaurant, a restaurant, a bank with a drive-through and two office buildings, one with ground floor retail and restaurant uses (file numbers COPA -2013-0003 and ZBA-2013- 0029). The applications were approved in 2014, however a site plan applicatio n was never pursued by the developers. 2.4 The site at 1800 Bowmanville Ave. currently contains a home sales office which has been used for the sale of multiple developments since approximately 2008. 2.5 The proposal will be developed in four phases and consists of a total of nine high-rise mixed-use buildings with heights ranging from 30 to 40 storeys. The first phase proposes the construction of Street A which connects Highway 2 to Prince William Blvd. and will serve as the construction/emergency access until the rest of the phases are constructed. It also facilitates the easterly extension of Prince William Boulevard and connects to Bowmanville Ave. which will provide better transportation connections to the future Bowmanville GO station. The remaining three phases are shown as blocks on the draft plan of subdivision (see Figure 1). Page 139 Municipality of Clarington Page 5 Report PDS-032-24 Figure 1 – Proposed Conceptual Plan  Phase 2 - Block B (adjacent to the CP Rail) o 1.78 ha o 1,369 residential units o 2,100 square metres of non-residential floor space o Contains three apartment buildings up to 36 storeys, connected by an above ground four storey parking garage/podium and a six-storey podium fronting Prince William Boulevard, which contains retail and office uses on the ground floor and residential units above. o Amenity deck above four storey parking garage o One level of underground parking Page 140 Municipality of Clarington Page 6 Report PDS-032-24  Phase 3 - Block C (northeast corner of Pethick Street and Prince William Blvd.) o 1.4 ha o 985 residential units o 600 square metres of non-residential floor space o Contains two apartment buildings o The 34 storey building faces Pethick Street and contains all residential units o The 36-storey building faces the linear park and Prince Willima Blvd. and proposes ground floor retail and office uses and residential units above. o One level of underground parking o Linear Park and outdoor amenity space  Phase 4 - Block A (southwest corner of Bowmanville Ave. and Highway 2) o 1.6 ha o 1,611 residential units o Contains four apartment buildings (two 40 storey buildings, one 34 storey building, and one 30 storey building) o All buildings have a 6-storey podium for residential units o No commercial uses proposed for this block o One level of underground parking o Outdoor amenity area at grade 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are comprised of four separate parcels and located on the west side of Bowmanville Avenue and south of Regional Highway 2 in the Bowmanville Urban Area. The lands are predominantly vacant with shrubs and trees, with the exception of a home sales office at the southeast corner. The topography of the site has a high point at the intersection of Highway 2 and Bowmanville Ave. and along portions of Pethick Street. 3.2 The site currently has frontage on Bowmanville Ave., Highway 2, Pethick Street and the future extension of Prince William Boulevard. 3.3 The surrounding uses are as follows: North: Highway 2 and the Garnet B. Rickard Recreational Complex, as well as the Clarington fire station and multiple big box commercial retail stores. East: Bowmanville Ave., and beyond a vacant site with a draft approved site plan for 3 apartment buildings between 6 and 12 storeys containing a total of 425 units residential development, including underground and surface parking, and amenity space (project name YYZ). Page 141 Municipality of Clarington Page 7 Report PDS-032-24 South: CP Rail Line and vacant lands owned by Metrolinx for additional parking for the GO Train Station. At the corner of Aspen Springs and Bowmanville Ave., there is a proposed development application consisting of two 25 storey residential buildings and a nine-storey building. West: Immediately northwest of the subject lands is a church. To the west is a park- and-ride facility associated with the GO bus area and future GO Train Station, as well as retail commercial uses. Beyond the GO facility is a retirement home, a three-storey apartment condominium building, and a 12-storey apartment condominium building under construction. 4. Provincial Policy Provincial Policy Statement (PPS) 4.1 The PPS encourages planning authorities to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types, including affordable housing, and shall promote development patterns that efficiently use land and infrastructure. 4.2 The PPS policies direct growth to settlement areas and promote compact development forms. The subject lands are proposed within the Bowmanville Urban 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 Planning authorities should also establish and implement phasing policies to ensure the orderly progression of development within designated growth areas and the timely provision of the infrastructure and public service facilities required to meet current and projected needs. A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2019 (Growth Plan) 4.4 The Growth Plan provides guidance on where and how to grow within the Greate r Golden Horseshoe. This includes requiring Municipalities to maintain a three-year supply of serviced land for residential development. 4.5 The Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Bowmanville Urban Area and more specifically to the designated built-up areas and high frequency public transportation routes. Municipalities are encouraged to create complete communities by promoting a diverse mix of land uses and housing types. 4.6 The subject property is within the delineated existing “Built-Up Area” within Clarington and adjacent to a station connected to the committed GO transit rail extension. There is an existing park-and-ride for the existing GO bus connections, which is proposed to be the train station, once GO Transit Rail is extended to Bowmanville. Page 142 Municipality of Clarington Page 8 Report PDS-032-24 4.7 Development proposals shall prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability. In addition to this, developments shall support retail and office uses, with a range and mix of housing options to serve all sizes, incomes, and ages of households. 5. Official Plans Durham Region Official Plan (ROP) 5.1 The Durham Region Official Plan (ROP) provides a long-term policy framework that is used to manage Durham’s growth and development. The intent of the ROP is to manage resources, direct growth and establish a basis for providing Regional services in an efficient and effective manner. 5.2 The subject property is designated “Regional Centre” in the ROP and is adjacent to a future GO Station. Regional Centres are to be developed as the main concentration of commercial, residential, cultural and government functions in a well designed and intensive land use form. They are to be the focal point of culture, art, entertainment, and assembly through the use of facilities, parks, and other public facilities. A grid system and mix of uses that favours pedestrian and public transit are to be incorporated into t he design. 5.3 In the recently adopted Regional Official Plan – Envision Durham, yet to be approved by the Province, the subject site is designated “Protected Major Transit Station Area (PMTSA)”. These areas will act as focal points for higher density mixed use development and represent unparalleled opportunities to create Transit Oriented Communities, anchored by rapid transit stations, each containing a wide range of housing opportunities, including affordable housing, office uses, street-oriented commercial uses, institutional uses, a wide range of recreational uses and public amenities. The minimum overall density target is 150 people and jobs per gross hectare. The Region of Durham policies of the Official Plan remain in effect until Envision Durham is approved by the Ministry of Municipal Affairs and Housing. Clarington Official Plan (COP) 5.4 The Clarington Official Plan designates the site “Urban Centre”. It is also adjacent to the GO Transportation Hub. Urban Centres are considered one of the highest Prior ity Intensification Areas and shall be developed as the main concentrations of activity in each community. They shall provide an array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. 5.5 Urban Centres will function as the focal point of culture, art, entertainment and civic gathering, be places of symbolic and physical interest for residents, and foster a sense of local identity. Each Centre will have a distinct character. The Bowmanville Urban Centre will be planned and developed as a centre of regional significance providing the highest level of retail and service uses and shall be the primary focal point of cultural, community, recreational and institutional uses in Clarington, while maintaining and enhancing the historic character of the community. Page 143 Municipality of Clarington Page 9 Report PDS-032-24 5.6 Urban Centres shall be comprehensively developed in accordance with the Secondary Plan. They shall provide for residential and/or mixed -use developments in order to achieve higher densities, achieve transit-oriented development and reinforce the objective of achieving a diverse mix of land uses; 5.7 Within Urban Centres, permitted uses include mixed -use buildings and apartments and can be within a mid-rise (4-6 storeys) or high-rise (7-12 storeys) built form. The minimum net density is 120 units per net hectare. Proposal is for 820 units per hectare. 5.8 The COP identifies the intersection of Durham Highway 2 and Bowmanville Ave. as a Gateway and a Prominent Intersection which requires buildings to be designed to provide a community focal point. 5.9 Prominent intersections in the Municipality shall be designed to provide a community focal point by having:  Massing and height sufficient to emphasize the significance of the intersection;  High quality building materials and building articulation along street frontages;  Significant areas of transparent glass;  Special architectural elements such as the corner design, massing and height, awnings, and entrance door features;  The main public entrance located at the corner; and  Landscaping, street furniture and where appropriate, public art elements to complement the intersection and the building design. 5.10 The proposal shows a linear park (about 0.5 hectares in size) on Block C (corner of Pethick Street and Prince William Boulevard). It runs along Prince William Blvd. and has commercial uses adjacent to the park, which may include patios. The proposed strata park would be publicly accessible at grade and the private parking garage is proposed to be underneath. The applicant has indicated that the linear park is intended to provide linear connectivity through the site to the future GO Train Station. 5.11 The COP states that Public Squares are intended to enhance the public realm by providing defined spaces for social interaction and are generally incorporated within Priority Intensification Areas or other high traffic areas. They shall be up to 1 ha in size and can be used for cultural events, public art, farmer’s markets, and small-scale outdoor activities/games. They shall be highly visible from the dominant street frontage and shall be designed to support activity year -round. 5.12 Both the policies of the Official Plan and the Clarington Parkland and Opens Space By- law do not accept or recognize Privately Owned Publicly accessible spaces (POPs) as suitable lands for parkland dedication. 5.13 The Province also released Bill 23 which introduced changes to the Planning Act to recognize POPs or strata parks as some form of parkland contribution (although the in- effect date for this proposed legislative change has yet to be determined and it is not in force). Also, the prescribed criteria and requirements for municipal acceptance of POPs has not been established yet by the Province. Page 144 Municipality of Clarington Page 10 Report PDS-032-24 Bowmanville West Town Centre Secondary Plan (in effect) 5.14 The subject lands are located within the Bowmanville West Town Centre Secondary Plan and are designated ‘Office Commercial Area’, ‘Neighbourhood Park’, and ‘Mid- Rise High Density Residential’ on Land Use Schedule A. There is also a north -south public road shown which connects Highway 2 to Prince William Blvd., and the future extension of Prince William Blvd. to Bowmanville Ave. which intersects the development. Office Commercial Policies 5.15 The Office Commercial designation is located directly at the intersection of Highway 2 and Bowmanville Ave. The predominant use of lands within the Office Commercial designation shall be office employment opportunities in addition to residential and commercial uses at a highly visible location in the West Town Centre. This is the only site in Clarington which has this stand-alone designation. 5.16 It should also be noted that this site was amendment in 2014 to allow for a broader range of land uses, including an additional financial institution and retail space on the ground floor, provided there is at least 8,000 square metres of office space above and a minimum height of eight storeys. Neighbourhood Park Policies 5.17 The general intent of the neighbourhood park d esignation is to serve both the active and passive recreation needs of residents of the Municipality of Clarington, as well as future residents of the West Town Centre. Their exact locations shall be determined in the Zoning By-law in conjunction with the site plan and subdivision approval processes. Mid-Rise High Density Residential Policies 5.18 The Mid-Rise High Density Residential designation is shown along Pethick Street and adjacent to the rail corridor. Residential uses shall be a minimum of 50 and a maximum of 300 units per net hectare and may be up to 12 storeys in height. A minimum of 30% of the housing units shall be affordable and development will comply with the urban design and energy conservation polices. 5.19 Indoor and outdoor amenities shall be provided in accordance with the Municipality’s Amenity Guidelines for Medium and High-Density Residences. The policies also indicate that appropriate separation from the rail corridor is required. Proposed Bowmanville West Major Transit Station Area Secondary Plan 5.20 The site is within the proposed Bowmanville West Major Transit Station Area Secondary Plan. The draft Secondary Plan released to the public in January 2024 proposes to designate the lands Mixed-Use High-Density Transit Station, which would provide for mixed-use development, including residential, major office, and accessory commercial uses, as well as recreational and institutional uses. The designation provides for a height range between 12 and 18 storeys. Page 145 Municipality of Clarington Page 11 Report PDS-032-24 5.21 A portion of the lands, located at the northeast corner of Prince William Boulevard and Pethick Street is designated Neighbourhood Park. The Secondary Plan also includes policies related to Tall Building Guidance, and Sunlight and Shadows. The proposal for nine high-rise apartment buildings ranging between 30 and 40 storeys does not align with the current proposed draft. 5.22 It is also noted that the draft Secondary Plan contains policies that speak to phasing relative to the timing of the development of the GO Transit Station. Specifically, the draft policies state the Municipality may apply a holding symbol to planned intensification sites within the MTSA until greater certainty around the timing of the GO Transit rail services and the GO Transit Station is determined. 5.23 Further ongoing discussions would be required to demonstrate how the proposed development can align with the planned area around the future GO Station. It would be crucial to ensure that the proposed development does not undermine the ongoing work of the Secondary Plan update if it proceeds in advance of the adoption or approval of the Secondary Plan. 5.24 It also is important to note that the policies and regulations related to height and densities within a Protected Major Station Area are not appealable to the Ontario Land Tribunal. Further, once the policies in a PMTSA are adopted, no person or public body shall request an amendment in respect to any of the policies in that established area, unless council has declared by resolution, that a request is permitted 5.25 Additionally, if any lands are identified to be dedicated for commuter parking lots, transit stations and related infrastructure for the use of the general public, it may be acquired through a condition of the subdivision application. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands as “Agricultural (A)”, “Holding – Office Commercial ((H)OC)”, and “Agricultural Exception(A-82)”. A Zoning By-law Amendment is required to permit the proposed development. A draft zoning by-law was prepared by the applicant and is included in Attachment 2. 6.2 Finalization of appropriate zone categories will be determined after all public and agency comments have been received and will be brought forward at a future date with the recommendation report. A Hold symbol will be implemented as part of the rezoning to ensure the conditions of the draft plan of subdivision or site plan have been fulfilled. 6.3 Further, it is critical that all development applications within the MTSAs that precede in advance of the adoption of the MTSA Secondary Plans, and their implementing zoning by-laws, be subject to a Holding symbol to signal that payment of a transit station charge may be required. Page 146 Municipality of Clarington Page 12 Report PDS-032-24 6.4 The Holding Zone contained within the latest draft implementing zoning by-law for the Bowmanville MTSA Secondary Plan, which was developed with input from the Region, provides a good base for the requested Holding Zone. As such, in addition to Section 6.2 of this report, a future Holding Symbol will not be removed until the following condition has been met: a. Funding has been secured through the GO Transit Station Funding Act, 2023 or a third-party developer to deliver the GO Transit Station to the satisfaction of the Deputy CAO of Planning and Infrastructure, in collaboration with the Region of Durham. 7. Public Notice and Submissions 7.1 Public Notice was mailed to approximately 80 landowners within 120 metres of the subject lands on May 24, 2024, and three public meeting signs were installed on the subject lands along the Bowmanville Avenue, Highway 2, and Pethick Street frontages. Details of the proposed application were also posted on the Municipality’s website, in the Orono newspaper, and in the Clarington Connected e-newsletter. It was also posted on social media on May 24th and May 27th. 7.2 As of writing this report, staff have received 18 public submissions and a number of comments on social media regarding the applications. Out of the 18 submissions received, five were to acquire further information, and four were in support of the applications. The remaining submissions had concerns or comments as follows:  Concern with the scale of the development and it appears to be out of context with the Bowmanville small town feel;  Concern with capacity to service the number of residents in terms of soft services, police, doctors, schools, hospital capacity, jobs to support new residents, etc.;  Want affordability and housing choice but in a development form that is more suitable to the Bowmanville context;  Concerns regarding congestion and capacity to deal with increased traffic for this development;  Would like to see a multi use path to connect to Longworth Ave.  Should have childcare and office uses within the proposed buildings;  Should have a variety of bedroom units for every age and lifestyle (one-, two-, and three-bedroom units);  Concerns with the significant noise and construction for years to come and concerns on impacts on health and living conditions;  Concern with parking for the development overspilling into neighbourhood and onto the public streets;  Preference would be for multi-family townhomes, mid-rise buildings up to 12 or 15 storeys; Page 147 Municipality of Clarington Page 13 Report PDS-032-24 7.3 Staff will continue to process any public inquiries received. Comments received at the Statutory Public Meeting will also be considered and included in the recommendation report. 8. Departmental and Agency Comments 8.1 The applications were circulated to internal departments and external agencies for review and comments. At the time of writing this report, staff did not receive all of the agency and department comments. A list and summary of the agency and internal department comments received, as well as all public comments received, will be included in a subsequent recommendation report. 9. Summary of Background Studies 9.1 The applicant has submitted several supporting documents which have been circulated to departments and agencies for review and comment. The list of studies and drawings are on the development application webpage www.clarington.net/BowmanvilleHighRise and are also available upon request. A summary of the studies and reports will be provided in a future recommendation report. 10. Discussion 10.1 The site is located within the Bowmanville Urban Area and is within a Priority Intensification Area, given its location adjacent to the future GO Station. It is bounded by Bowmanville Ave, Highway 2, Pethick Street and the future extension of Prince William Blvd. 10.2 The applicant has proposed a total of approximately 3,900 units within nine towers, ranging in heights between 30 to 40 storeys. Blocks B and C both have non-residential uses on the ground floor and Block C has a linear park which is intended to provide a promenade to the station as you walk from the major intersection of Bowmanville Ave. and Highway 2. 10.3 Further discussion on the appropriateness of the lan d uses proposed and the built form, such as heights, densities and general site layout will be addressed through a subsequent recommendation report. Urban Design, Wind and Shadows 10.4 The COP and the Secondary Plan contain policies and guidelines for developments within the Urban Centre which will need to be considered when reviewing the applications, such as built forms, relationship of buildings to the street and impacts on the public realm, and the interface to existing or proposed uses. Careful attention and consideration of these policies would enhance the development while being respectful to the existing built form and the surrounding community. 10.5 A shadow and wind study were prepared by the applicant to identify impacts of the development on surrounding areas, as well as the site itself. The draft Secondary Plan also includes policies on Tall Building Guidance and Shadows. These policies will be considered through the review process. Page 148 Municipality of Clarington Page 14 Report PDS-032-24 Pedestrian Connections and Park 10.6 The proposal shows a linear park in substitution of the neighbourhood park originally shown in the Secondary Plan. The park runs along the north side of Prince William Blvd. and would provide an east-west linkage to the future GO Station. The linear park also proposes to connect to the outdoor amenity space at the intersection of Highway 2 and Bowmanville Ave. Sidewalks would be provided along Prince William Blvd. and Pethick Street. Future discussions will be needed regarding Street A and whether or not it is to be a public road (as per the Secondary Plan) or private road. Tree Preservation 10.7 In addition to the Landscape Analysis Report, HKLA prepared a Tree Preservation Plan, which identifies all the existing trees that are proposed to be retained and removed, as well as a tree protection to protect private and public trees from harm during construction of the proposed development. All trees on site are proposed to be removed, with the exception of those on the periphery. Figure 2 – Conceptual Elevations of Proposed Development Page 149 Municipality of Clarington Page 15 Report PDS-032-24 Affordable Units 10.8 The Official Plan and Secondary Plan require a minimum of 30% of the proposed units to be affordable. The Planning Act also requires the adequate provision of a full range of housing, including affordable housing as a matter of Provincial interest. The Planning Justification Report prepared by the applicant has indicated that the development does not specifically include any affordable housing units; and continues on to say that the community is composed of a compact built form offering a range of unit size and mix alternatives to the market, that is adaptive to changing demographics in the Municipality and Region and will support more affordable housing options. 10.9 The draft Secondary Plan proposes policies that would help to raise funds towards affordable housing developments in Clarington in accordance with the affordable housing directions of the Official Plan and Clarington’s Affordable Housing Toolkit. Policies have been included to direct applicants to contribute $2,500 per unit to the Municipality to be used for affordable housing initiatives. 10.10 The Region is also establishing a framework to define what qu alifies as “affordable” and the length of time the units are to remain affordable since this may set up the framework for incentives such as decreased development charges and decreased parkland dedication rates. 10.11 The Planning Act has also implemented Inclusionary Zoning legislation which can require residential developments within the PMTSA to include a certain percentage of new affordable housing units. These policies and regulations are also not appealable to the Ontario Land Tribunal once implemented by the approval authority. Parking 10.12 The Traffic Impact Study conducted an analysis of the parking proposed. Based on the current plan, a total of 3,088 parking spaces are provided to service the 3,938 units and the 2,700 square metres of retail space. 10.13 Given the proximity to public transit connections and the recent approval of Bill 185, parking requirements around Major Transit Station Areas have been eliminated. Bill 185 limits the ability of official plans and zoning by-laws to contain policies and provisions that require an owner to provide or maintain parking facilities within protected major transit station areas, major transit station areas, and other prescribed lands. 10.14 The Province anticipates that the removal of minimum parking requirements for specifi c developments will expedite the development of housing, particularly in areas with existing or planned higher-order transit stations. The challenge will be for areas, such as Clarington, where the level of transit service is not the same level of service as in other MTSAs throughout the Greater Toronto Area. Eliminating the minimum parking requirement in MTSAs with insufficient transit services may add significant pressure to on-street parking demand and burden the Municipality’s resources. Page 150 Municipality of Clarington Page 16 Report PDS-032-24 Vehicle Access 10.15 The development proposes six access points to the development: one right-in/right-out access on Highway 2, one full moves access on Pethick Street, and four full moves accesses on Prince William Boulevard. The Bowmanville Avenue and Prince William Boulevard intersection will be restricted to a right-in/right-out as a median is being constructed as part of the current Bowmanville Avenue and Highway 2 intersection reconstruction. Street A and Street C are proposed to be a private lane. Stormwater Management 10.16 The proposed development consists of the Prince Boulevard eastward extension and three high density residential Blocks A, B and C. The proposed stormwater management strategy is based on the criteria from the Municipality of Clarington, MOE SWM Planning and Design Manual (2003), and CLOCA (2020) standards and guidelines, and will help manage the runoff generated on the site through on -site conveyance and end of pipe measures. A summary of the findings as prepared by the applicant are as follows:  For each of the Blocks, post development stormwater flows will be controlled to predevelopment rates.  Stormwater quantity control will be provided via underground storge tanks in the  private development blocks. The sizing of the storage tanks includes a measure of overcontrol to account for: o areas within each Block that because of grading challenges, cannot drain to the tank; and o Prince William Blvd. which will be constructed with no stormwater quantity controls.  Stormwater quality control will be provided via oil-grit separators located within each of the Blocks. Further Considerations 10.17 The Ontario government recently passed legislation known as the GO Transit Station Funding Act (Bill 131) that would allow municipalities to collect a transit station charge to pay for costs related to the construction of a new GO transit station from new nearby developments in exchange for reduced parking rates/expedited approval. As more details on the GO Transit Station Funding Act are released, the Municipality will explore the use of this tool. 10.18 Currently, all levels of government are establishing tools, such as inclusionary zoning, reduction to parking requirements, affordable housing fee exceptions, etc. within the MTSAs to provide and make efficient use of significant public investment in public transit. Given the ongoing work, any decisions regarding the proposed applications may be premature and may have implications on the overall delivery of the transit service and the uses that surround it. Page 151 Municipality of Clarington Page 17 Report PDS-032-24 10.19 The impact of the proposal on schools, parks, emergency and fire services and other public services has not been determined given that this type of analysis is typically dealt with through a comprehensive Secondary Plan or Official Plan update where population, employment and residential unit forecasts are evaluated for impacts over the planning horizon of the plan. The applicants are proceeding ahead of this Secondary Plan update which will make it difficult to evaluate those impacts without having a comprehensive analysis of the proposed increase in population and commercial retail uses. 10.20 Staff will continue to review the submitted applications and work with the applicant to address all technical matters as well as concerns raised by the public. Agency and public comments will be addressed in a subsequent recommendation report to Committee and Council. Future applications for site plan approval and draft plan of condominium will also be required to facilitate the development. 11. Financial Considerations 11.1 As this is a public meeting report just to gather public input and the analysis of the proposal and the reports are being reviewed by the different agencies, a fiscal impact analysis of the proposal may be required once this analysis has taken place and prior to preparing a recommendation report. 12. Strategic Plan 12.1 The proposed development will be reviewed against the three pillars of the Clarington Strategic Plan 2024-27. Staff will give special attention to the priorities of growing resilient, sustainable and complete communities and connecting residents through the design of safe, diverse, inclusive and vibrant communities. An analysis of the proposed developments interaction with the specific priorities of the Strategic Plan will be included in the future recommendation report. 13. Concurrence 13.1 Not Applicable. 14. Conclusion 14.1 The purpose of this report is to provide background information and obtain comments on the Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision for approximately 3,900 residential units, and 2,700 square metres of retail floor space at the Statutory Public Meeting under the Planning Act. Staff will continue to review and process the application, including consideration of department, agency and public feedback and will prepare a subsequent recommendation report for Council’s consideration. Comments received at this public meeting will be considered and included in the final recommendation report. Staff Contact: Nicole Zambri, Senior Planner, (905) 623-3379 x 2422 or nzambri@clarington.net or Amanda Tapp, Manager, Development Review, (905) 623-3379 x 2427 or atapp@clarington.net. Page 152 Municipality of Clarington Page 18 Report PDS-032-24 Attachments: Attachment 1 – Draft Official Plan Amendment Attachment 2 - Draft Zoning By-law Amendment Attachment 3 – Draft Plan of Subdivision Interested Parties: List of Interested Parties available from Department. Page 153 The Corporation of the Municipality of Clarington Amendment Number XXX To the Municipality of Clarington Official Plan Purpose: To amend the Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan to permit transit-supportive, high-rise high-density mixed-use development, to re-designate the lands in the Bowmanville West Town Centre Secondary Plan to High-Rise High Density Residential and Neighbourhood Park, to increase the maximum permitted building height and density within the Urban Centre designations within the Clarington Official Plan and to establish height and density policies for lands within the Bowmanville West Town Centre Secondary Plan. Location: The amendment to the Official Plan applies to the property at the southwest corner of Durham Highway 2 (King Street West) and Regional Road 57 (Bowmanville Avenue), the properties with the following Assessment Roll Numbers: 181701002016000; 181701002017290; 181701002016005; and 181701002017292. Basis: This amendment is based on application by 668390 ONTARIO LTD. and 829426 ONTARIO INC, to permit a high-rise development, which will result in the creation of two blocks on a Plan of Subdivision and the construction of nine residential and mixed-use buildings, on the lands south of Durham Highway 2 (King Street West), west of Regional Road 57 (Bowmanville Avenue), and within the Bowmanville West Town Centre Secondary Plan area. Actual Amendment: The Clarington Official Plan is hereby amended by adding an exception to Section 23.19.1 “Residential Exceptions” as follows: i.Notwithstanding Table 4-3 “Summary of Urban Structure Typologies” in Section 4.3.9 of the Clarington Official Plan, the lands located at the southwest corner of Durham Highway 2 (King Street West) and Regional Road 57 (Bowmanville Avenue) and described by Assessment Roll Numbers: 181701002016000; 181701002017290; 181701002016005; and 181701002017292, shall be permitted to have a height ofDRAFTAttachment 1 to PDS-032-24 Page 154 up to 40 storeys and there shall be no minimum building height. ii. Parks within the subject lands may be permitted to be in strata form, and the subject lands shall include privately-owned publicly accessible open spaces within the lands described on Schedule A. iii. The Bowmanville West Town Centre Secondary Plan is hereby amended as follows and shall be subject to the site- specific policies below: a. The subject lands shall permit the following uses: i. Residential dwelling units ii. Retail Uses iii. Service Uses iv. Home Occupations v. Live-Work Units vi. Full-Services Banks and Financial Institutions vii. Accessory Retail and Service Commercial Uses viii. Recreational and Cultural Facilities ix. Office Uses x. Medical Offices, Business, Professional and/or Administrative Offices xi. Business or Training Schools xii. Day Care and Nursery Facilities xiii. Institutional Uses xiv. Hotel and Convention Facilities xv. Public Recreation Facilities xvi. Community Parks and Open Space Uses xvii. Community Facilities xviii. Public and Private Schools xix. Religious Institutions, Places of Worship and Assembly Halls xx. Hospitals and Homes xxi. Municipal and Government Facilities xxii. Private Streets xxiii. Private Lanes DRAFTPage 155 b. Notwithstanding Section 3.4.4, buildings shall be designed with consideration of the Urban Street Edge and shall provide building façade and appropriate landscape treatments adjacent to public right-of-ways with details to be prescribed in the zoning by-law. c. The subject lands shall provide retail and service floor space that will contribute to the retail and service limits established in Section 4.3. d. Sections 4.4, 4.5, 5, 7, 8 and 10, shall not apply to the subject lands. e. Notwithstanding Map A and the provisions of Sections 4, 7 and 8, the lands shall be re-designated High-Rise High Density Mixed Use and shall be subject to the policies within this section. f. Notwithstanding the policies of Section 10 concerning parks on Map A, the Neighourhood Park on the subject lands may be a linear park with the size and dimensions to be determined through Zoning by- law Amendment application or Plan of Subdivision Application process, in accordance with the Planning Act. g. Residential dwellings shall be the predominate use and may occur in mixed use buildings. h. The lands designated High Rise High Density Mixed Use shall be permitted to a maximum of 40 storeys and shall not be subject to a minimum height. i. Notwithstanding the definition of net density, the lands designated High Rise High Density Mixed Use shall be permitted to a maximum density of 820 units per hectare, based on 4.835 hectares. j. Notwithstanding the provisions of Sections 4 and 8, the term and definition under Section 24.2 of the Clarington Official Plan for “net density” shall DRAFTPage 156 replace the term “net residential” when referring to density in the Section 8.2 of the Bowmanville West Town Centre Secondary Plan. k. Notwithstanding the provisions of Section 8, Mixed Use Buildings are permitted in conjunction with Apartment buildings located on the same site. l. Section 8.2.5 shall not apply, and the proposed mix of dwelling types shall provide a range in size and affordable housing units are encouraged. m. Development adjacent to the CP Rail shall provide setback and safety requirements to the satisfaction rail authority and/or Metrolinx. n. Notwithstanding the provisions of 10.2.3, the exact location of the Neighbourhood Park on the lands will be established through the site-specific zoning by-law amendment, the plan of subdivision and the site plan applications for the lands. o. The subject lands shall have regard to the Urban Design Policies of Section 13, where applicable, and the urban design principles of the proposed development shall be supported by an Urban Design Brief and shall be reviewed through the planning application process. Implementation: The provisions set forth in the Municipality of Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan, regarding the implementation of the Plan, shall apply regarding this Amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan, regarding the interpretation of the Plan, shall apply regarding this Amendment. DRAFTPage 157 HWY 2 BOWMANVI LLE AVEPETHICK STCLARINGTO N BLVDCA N A D IAN PACIFIC RA ILWAY KING ST W N This is Schedule "A" to Official Plan Amendment 2023- , passed this day of , 2023 A.D. Lands Subject to Official Plan Amendment (OPA) PRINCE WILLIAM BLVD DRAFTPage 158 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 of the Corporation of the Municipality of Clarington for ZBA 2023-XXXX; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1.Section 2 “DEFINITIONS” Notwithstanding the definitions in Section 2, for the purpose of this amendment, the following definitions shall apply: “Front Yard” – shall mean Prince William Boulevard. “Park, Private” – Shall mean any open space or recreational area, owned, and operated or maintained in whole or in part by a private organization, and may include therein swimming pools, boating facilities, picnic are as, gardens, and other similar recreational activities. Parks may be permitted in strata form and can include privately -owned publicly accessible open spaces. “Privately Owned Publicly Accessible Spaces (POPS)” – POPS are a specific type of open space which the public are invited to use but remain privately owned and maintained. 2.Schedule “A” of By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Agricultural (A) Zone”, “Agricultural Exception (A -82) Zone”, and “Office Commercial Holding – (H)OC Zone” to “Mixed Use 3 (MU3) Zone as illustrated in the attached Schedule “A” hereto. 3.Notwithstanding Section 3.16 e) the following shall apply: •Minimum parking for a Mixed Use Building – 0.77 parking spaces per dwelling unit, inclusive of visitor parking spaces; •Minimum parking for Non-Residential Uses – 1 space per 67.5 square metres of Gross Floor Area;DRAFTAttachment 2 to PDS-032-24 Page 159 4. Notwithstanding the Permitted Uses under Table and Section 16A.2, those lands zone d MU3-XX, inclusive of the lands within the hatched area on Schedule A of this By-law shall also allow the following uses: i) Park (public and/or private) ii) Privately Owned Publicly Accessible Spaces iii) Parking Areas iv) Live-Work Units 5. Notwithstanding Section 16A.3.1, Mixed-Use Buildings can contain non-residential units on floors other than the first floor (ground floor), regardless of if the ground floor of the mixed- use building is fully occupied with non -residential uses. 6. Notwithstanding Section 16A.4 those lands zoned MU3-XX on Schedule A of this By-law, shall be subject to the following regulations : a. The maximum number of storeys shall be as per the zone suffix as shown on Schedule A, as shown on this By-law; b. The minimum number of storeys shall be one (1) storey; c. The following minimum Yard Requirements shall apply; i) Front yard maximum nil ii) Exterior side yard (for corner lots) maximum nil iii) Front Yard to Prince William Boulevard (Building B) 1.0 metres iv) Yard Requirements to underground parking (minimum) i. Front yard 0.0 metres ii. All other yards 0.0 metres d. Minimum gross floor area shall not apply; e. Minimum length of the street façade shall not apply; f. Notwithstanding the regulation concerning setbacks for buildings taller than six storeys, the tower of a building with a podium shall be setback 0.0 metres from the podium. g. Amount of transparent glazing within the business establishment street façade shall not apply; h. Notwithstanding the regulation concerning the l ocation of an entrance, a primary or secondary entrance shall be from a public street; i. Notwithstanding the provision of 16A.4, the minimum number of parking spaces based on the gross floor area of a bank, professional office, retail commercial establishments , DRAFTPage 160 personal service shops and any other non-residential use, shall be 1 space for every 67 square metres. 7. Section 16A.5 shall not apply. 8. Schedule ‘3’ to By-law 84-63, is amended by changing the zone designation from “Agricultural (A) Zone”, “Agricultural (A-82)” and “Office Commercial [(H)OC] Zone” to “Urban Centre Mixed Use Exception [MU3-XX (S:XX)] Zone”, as illustrated on the attached Schedule ‘A’ hereto. 9. Schedule ‘A’ attached hereto shall form part of this By-law. 10. 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. By-law passed is open session this ______ day of ______________, 2023. ___________________________ Adrian Foster, Mayor ___________________________ June Gallagher, Municipal Clerk DRAFTPage 161 HWY 2 BOWMANVI LLE AVEPETHICK STCLARINGTO N BLVDCA N A D IAN PACIFIC RA ILWAY KING ST W N This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D. Zoning Change from ‘A’, ‘A-81’ and ‘(H)OC’ to ‘MU3-XX (S:40)’ Bowmanville • ZBA 2023-XXXX • Schedule 3 P R INCE WILLIAM B LV D See Section 4 of this By-lawDRAFT Page 162 $WWDFKPHQWWR 3'6 Page 163 PUBLIC MEETING SOUTHWEST CORNER OF KING STREET WEST & BOWMANVILLE AVENUE OFFICIAL PLAN AMENDMENT (OPA), ZONING BY-LAW AMENDMENT (ZBA) & PLAN OF SUBDIVISION (SUB) PLANNING AND DEVELOPMENT COMMITTEE (PDC) JUNE 17TH, 2024 Page 164 2June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting PROJECT TEAM Page 165 3June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting SUBJECT PROPERTY • The subject lands are located at the southwest corner of King Street West (Highway 2) and Bowmanville Avenue (Regional Road 57) • Current Use: Vacant, Sales Office • Property Size: 4.835 Hectares (48,350 square metres) • Durham Regional Official Plan: PMTSA & Regional Centre • Municipality of Clarington Official Plan Designation: Urban Centre • Clarington Zoning By-law: A, A-82 & (H) OC • Bowmanville West Town Centre Secondary Plan (in effect): Office Commercial Area, Neighbourhood Park & Mid-Rise High Density Residential • Proposed Bowmanville West Major Transit Station Area Secondary Plan: Mixed-Use High- Density Transit Station • Regional Centre & Protected Major Transit Station Area (PMTSA) Air Photo - Prepared by Weston Consulting Page 166 4June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting SITE CONTEXT Context Map - Prepared by Weston Consulting VAUGHAN OFFICE | 201 Millway Avenue, Suite 19, Vaughan, Ontario, L4K 5K8 | T. 905.738.8080 westonconsulting.com TORONTO OFFICE | 268 Berkeley Street, Toronto, Ontario, M5A 2X5 | T. 416.640.9917 1.800.363.3558 F. 905.738.993782.2 SURROUNDING CONTEXT Existing General Built Environment, Land Uses, and Destinations: The subject property is located at a prominent intersection of Bowmanville near the Bowmanville GO Station area. Currently, there are a variety of land uses surrounding the subject property. The area on the west side of the subject property lying between Highway 2 to the north, Prince William Boulevard to the south, Green Street to the west, and Pethick Street to the east, includes major retail and commercial uses. Stand-alone and multi-unit retail and commercial buildings of varying sizes occupy this area. Surface parking mostly dominates the area. Similar retail and commercial areas are located north of Highway 2. There are several eateries, banks, pharmacies, grocery stores, general supplies, and a cinema theatre in these plazas. The Garnet B Richard Recreation Complex is located at the northwest corner of the intersection and can be accessed through the signalized pedestrian crossing. The Bowmanville Farmers Market takes place in the parking lot of the Garnet B Richard Recreation Complex, generally between May to October. Another church (Liberty Church) is located at the northeast of the intersection. Additionally, schools, parks, and green spaces within close walking distance (5 to 10 minutes) of the subject property will benefit future residents (Figure 3). In terms of residential use, generally, residential single-detached lots predominate the nearby residential areas. A senior’s retirement community is located west of the Bowmanville GO Station site. Several new townhouses have been recently constructed on the east side of Green Road between Prince William Boulevard and the rail corridor. Condo and laneway townhouses are located south of the railway corridor. Figure 3: Context Map Page 167 5June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting TRANSIT AND TRANSPORTATION PMTSA Overlay - Prepared by Weston Consulting Transit & Transportation Map - Prepared by John G. Williams 02 WEST BOWMANVILLE DEVELOPMENTS LTD. I BOWMANVILLE, MUNICIPALITY OF CLARINGTON Fig. 1.2a - Key Plan of Subject Lands 400M RA D I U S 800M RA D I U S 5 MIN. 1 MIN. 10 MIN. 2 MIN. SUBJECT LANDS BROOKHI L L KIN G S T R E E T HIGHWAY 2 BOULEVARD STEVENS CLAIRINGTON BLVD. ROAD PRINCE WILLIAM BLVD.B O S W E L L D R .BOSWELL DR.WAVERLY ROADBOWMANVILLE AVENUEWEST SIDE DR.ASPENSPRING DRIVE QU E E N S T R E E T CH U R C H S T R E E T CONCESSION ST.SCUGOG ST.CANADI A N P ACIFIC R AILI W AY BOWMANVILLE GO STATION LEGEND - Subject Lands - Transit Routes - Transit Stops - Bowmanville GO Station Major Transit Station Area Page 168 6June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting TRANSIT AND TRANSPORTATION 02 WEST BOWMANVILLE DEVELOPMENTS LTD. I BOWMANVILLE, MUNICIPALITY OF CLARINGTON Fig. 1.2a - Key Plan of Subject Lands 400M RA D I U S 800M RA D I U S 5 MIN. 1 MIN. 10 MIN. 2 MIN. SUBJECT LANDS BROOKHI L L KIN G S T R E E T HIGHWAY 2 BOULEVARD STEVENS CLAIRINGTON BLVD. ROAD PRINCE WILLIAM BLVD.B O S W E L L D R .BOSWELL DR.WAVERLY ROADBOWMANVILLE AVENUEWEST SIDE DR.ASPENSPRING DRIVE QU E E N S T R E E T CH U R C H S T R E E T CONCESSION ST.SCUGOG ST.CANADI A N P ACIFIC R AILI W AY BOWMANVILLE GO STATION LEGEND - Subject Lands - Transit Routes - Transit Stops - Bowmanville GO Station Major Transit Station Area Transit & Transportation Map - Prepared by John G. Williams • The subject lands have frontage on two Regional Roads: Durham Highway 2 (King Street West) and Regional Road 57 (Bowmanville Avenue). • The Clarington OP classifies Bowmanville Avenue as Type ‘A’ Arterial Road and King Street West as a Type ‘B’ Arterial Road. • Type ‘A’ Right-of-way width: 36-45 metres • Type ‘B’ Right-of-way width: 30-36 metres • The subject lands are located immediately north of the CPR corridor and the planned Bowmanville GO Station. • The proposed GO Station is currently served by a park-and-ride facility for GO Bus Route 88. Page 169 7June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting NEARBY DEVELOPMENTS Surrounding Developments Map - Prepared by Weston Consulting #Address Application Type and Status Summary 1 South side of Brookhill Boulevard between Green Road and Boswell Drive Type: Zoning, Site Plan, Draft Plan of Subdivision Status: Under Review • Residential Condominium development • 6-storey, 88 unit apartment building • 125 back-to-back and dual fronting townhouse units 2 2345 and 2349 Highway 2, Bowmanville Type: Zoning By-law Amendment, Site Plan Application Status: Under Review • Two 11-storey buildings • 228 residential units comprised of condominium apartments and townhouses 3 505 Lake Road, Bowmanville Type: Site Plan Application Status: Under Review • Two floors of office space at front • Manufacturing and equipment storage for remaining of building 4 10 Aspen Springs Drive Type: Zoning By-law Amendment, Site Plan Application Status: Under Review • One 9-storey mid-rise building, one 25-storey twin-tower mixed-use building • 607 residential units • 625 square metres of ground-floor commercial space 5 922 Green Road Type: Zoning By-law Amendment and Draft Plan of Subdivision Status: Under Review • 69 townhouse units • Open space lands, a park, and a stormwater management pond 6 2400 Green Road Type: Zoning By-law Amendment and Draft Plan of Subdivision Status: Under Review • 53 single-detached units, 36 townhouse • 194 residential units 7 2020 Lambs Road Type: Draft Plan of Subdivision Status: Under Review • 13 single-detached units and 9 medium and high-density residential development blocks • 1,202 residential units 8 West of Mearns Avenue between Ireland Street and Lyle Drive Type: Zoning By-law Amendment and Draft Plan of Subdivision Status: Under Review • Seven 2-storey single-detached dwellings 9 46 Stevens Road Type: Official Plan Amendment and Zoning By-law Amendment Status: Under Review • Seniors housing • 10-storey multi-unit building, 3 townhouse blocks with 11 units 10 1558 Green Road Type: Zoning By-law Amendment Status: Approved in December 2021 • 3 semi-detached residential building • 6 units, 2 units in each building Page 170 8June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting DEVELOPMENT PRINCIPLES • Provide a high quality public realm and private realm character through appropriate architectural and landscape design. • Provide a pedestrian-scaled, transit-supportive high-density mixed-use development. • Provide opportunities for housing, commercial and office opportunities that will help sustain local and regional transit. • Broaden the range of housing options and choices. • Encourage harmonious and attractive building designs through attention to building articulation, balconies, and openings. • Phased development over several years based on an overall vision and master plan. Page 171 9June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting 10 Aspen Springs Dr, Bowmanville, ON L1C 4W7 - Site Plan Overlay extracted from Aspen Springs Architectural Plans by Mataj Architects Inc. dated March 2022 25 25 9 10 Aspen Springs Dr, Bowmanville, ON L1C 4W7 - Site Plan Overlay Property Line Daylight Triangle MASTER BLOCK PLAN Master Block Plan - Prepared by Weston Consulting Page 172 10June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting CONCEPTUAL SITE PLAN Conceptual Site Plan - Prepared by John G. Williams Page 173 11June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting CONCEPTUAL SITE PLAN Conceptual Site Plan / Building Heights - Prepared by John G. Williams Page 174 12June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting ROAD NETWORK / SITE ACCESS PLAN Road Network / Site Access Plan (Ground Floor) - Prepared by West Bowmanville Developments LTD.Pedestrian Circulation Plan - Prepared by West Bowmanville Developments LTD. Page 175 13June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting AXONOMETRIC VIEWS MAIN STREET BOWMANVILLE AXONOMETRIC VIEW 1 MAIN STREET BOWMANVILLE AXONOMETRIC VIEW 2 Axonometric Plan 1 - Prepared by Cusimano Architects Axonometric Plan 2 - Prepared by Cusimano Architects Page 176 14June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting LIST OF TECHNICAL STUDIES 1. Planning Justification Report (PJR) 2. Draft Zoning By-law 3. Draft Official Plan Amendment 4. Draft Plan of Subdivision 5. Block Phasing Plan & Master Block Plan 6. Phase 1 Environmental Site Assessment 7. Stage 1 and 2 Archaeology Assessment 8. Architectural Drawing Set 9. Sun-Shadow Study 10. Urban Design Brief 11. Landscape Analysis Report 12. Tree Preservation Plan 13. Environmental Sustainability Report 14. Noise and Vibration Feasibility Study & Rail Safety Report 15. Traffic Impact Study 16. Hydrogeological Report 17. Functional Servicing and Stormwater Management Report 18. Preliminary Civil Engineering Drawing Set 19. Wind Study Page 177 15June 17, 2024Southwest Corner of King Street West & Bowmanville Avenue Public Meeting Comments & Questions? Thank You Ryan Guetter, BES, MCIP, RPP Executive Vice President 905-738-8080 (ext. 241) rguetter@westonconsulting.com 06 WEST BOWMANVILLE DEVELOPMENTS LTD. I BOWMANVILLE, MUNICIPALITY OF CLARINGTON 1.3 DESIGN VISIONThe design vision for the mixed-use development by West Bowmanville Developments Ltd. is to create a vibrant, transit-supportive development with a compact urban form that employs a high standard of built form and landscape design quality, contributes to an active pedestrian-oriented urban lifestyle, and becomes a vital component of Bowmanville’s West Urban Centre and Major Transit Station Area Secondary Plan. The intent is to intensify these underutilized lands at a prominent gateway location to create an efficient development that supports a healthy, liveable, sustainable, and safe community, and appropriately integrates into the existing / planned neighbourhood, while meeting the intent of the municipal urban design policies. Fig. 1.3a - Conceptual design vision images 06 WEST BOWMANVILLE DEVELOPMENTS LTD. I BOWMANVILLE, MUNICIPALITY OF CLARINGTON 1.3 DESIGN VISIONThe design vision for the mixed-use development by West Bowmanville Developments Ltd. is to create a vibrant, transit-supportive development with a compact urban form that employs a high standard of built form and landscape design quality, contributes to an active pedestrian-oriented urban lifestyle, and becomes a vital component of Bowmanville’s West Urban Centre and Major Transit Station Area Secondary Plan. The intent is to intensify these underutilized lands at a prominent gateway location to create an efficient development that supports a healthy, liveable, sustainable, and safe community, and appropriately integrates into the existing / planned neighbourhood, while meeting the intent of the municipal urban design policies. Fig. 1.3a - Conceptual design vision images 25 JOHN G. WILLIAMS LIMITED, ARCHITECT 3.2.5.10 Amenity Space and Open Space • Amenity areas provide central common green space which contribute to defining the character of the development. • These open spaces provide opportunities for active and passive recreation, children to play, and residents to socialize. The amenity areas provide opportunities for both active and passive recreation opportunities. • The following guidelines apply to the outdoor amenity areas: -The design of hard and soft landscape elements and features, including points of entry, should be consistent with and com- plementary to the overall development. -Landscape features located within the amenity area such as shade structures and trellis’ will reflect the workmanship and architectural styling of the surrounding buildings. -Pedestrian entrances should be highly visible and accessible from the sidewalks. -Planting shall be comprised of a combination of species toler- ant of urban conditions with an emphasis on drought tolerant species. -Individual or cluster groupings of trees contained within lawn areas provide shaded passive use areas. -Hard and soft landscape elements and features will be de- signed to identify areas of activity, circulation, entry points, seating and gathering areas. Fig. 3.2.5.10a - The West Bowmanville Developments Ltd. mixed-use development will contain a wide variety of amenity spaces 27 JOHN G. WILLIAMS LIMITED, ARCHITECT Amenity Deck • Within Block B, the covered parking podium will be used as an amenity deck. This space will be accessible from the three towers within Block B. • The amenity deck may contain the following elements: -Accessible children’s play area for all ages; -Pool; -Splash pad; -Tennis court; -Dog run; -Exercise/ yoga spaces; -Outdoor gym; -Outdoor kitchen; -Flexible open lawns (which serve as communal space for resi- dents); -Decorative paving; -Shade structures; -Seating area with benches; and, -Ornamental planting & large shade trees. Fig. 3.2.5.10d - Example images of an amenity deck located above parking podium Page 178