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HomeMy WebLinkAboutPDS-041-24 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: October 21, 2024 Report Number: PDS-041-24 Authored by: Nicole Zambri, Senior Planner Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Number: S-C-2022-0001 and ZBA2022-0002 Report Subject: Draft Plan of Subdivision and Rezoning for 74 residential units at 922 Green Road, Bowmanville Recommendations: 1. That Report PDS-041-24 and any related delegations or communication items, be received; 2. That the Zoning By-law Amendment application submitted by 1494339 Ontario Limited be approved with minor modifications and the By-law contained in Attachment 1 to Report PDS-041-24 be passed; 3. That the application for Draft Plan of Subdivision S -C-2022-0001 submitted by 1494339 Ontario Limited be supported, subject to the conditions approved by the Deputy CAO of Planning and Infrastructure Services; 4. That once all conditions contained in the Clarington Official Plan and Zoning By-law 84- 63 with respect to the removal of the (H) Holding Symbol and the conditions of the Subdivision and Site Plan are satisfied, the By-law authorizing the removal of the (H) Hold Symbol be approved by the Deputy CAO of Planning and Infrastructure Services; 5. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-041- 24 and Council’s decision; and 6. That all interested parties and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-041-24 Report Overview This report is recommending approval of the Zoning By-law Amendment submitted by D.G. Biddle and Associates, on behalf of 1494339 Ontario Limited, and to support the further processing of the draft plan of subdivision application to permit the development of 36 link townhouse dwellings within a common element condominium block and 38 street townhouse dwellings, for a total of 74 dwelling units. The draft plan also contains open space lands and a stormwater management pond. The new residential lots are proposed to have access off Green Road and a new “Street A” which connects Green Road and Baseline Road in Bowmanville. There is also a remnant portion of the lot to the west that is not subject to the subdivision and rezoning applications but will be retained by the owner for future uses and may be subject to future development applications at that time. 1. Application Details 1.1 Owner: 1494339 Ontario Limited 1.2 Applicant: D.G. Biddle & Associates 1.3 Proposal: Draft Plan of Subdivision Proposed Draft Plan of Subdivision to permit 74 residential dwelling units consisting of 36 link townhouse units within a common element condominium and 38 street townhouse units, open space lands, and a stormwater management pond. Zoning By-law Amendment To rezone the subject lands from “Agricultural (A)“zone to “Holding - Urban Residential Exception ((H)R3-78) Zone” and “Environmental Protection (EP) Zone” to permit the street townhouses and the medium density block and reflect the extent of the natural heritage features and the associated minimum vegetation protection area. 1.4 Area: 8.81 hectares (7.07 hectares subject to applications) 1.5 Location: 922 Green Road, Bowmanville (see Figure 1) 1.6 Roll Number: 1817-010-020-07920 Municipality of Clarington Page 3 Report PDS-041-24 Figure 1 – Proposed Draft Plan of Subdivision and Surrounding Context Municipality of Clarington Page 4 Report PDS-041-24 2. Background 2.1 On February 22, 2022, 1494339 Ontario Limited (Woodland Homes) submitted applications for a Draft Plan of Subdivision and Zoning By-law Amendment with supporting documentation for 69 residential units consisting of 37 townhouses on public streets and 32 townhouse units in a medium density common element condominium, a park, open space, and a stormwater management pond. The applicant would retain residual lands for future uses. 2.2 A Public Meeting was held on December 5, 2022, and a number of comments were received. Several revisions were received from the applicant in an effort to address comments and resolve issues. This had an overall benefit which resulted in the increase of 5 dwelling units, bringing the total dwellings from 69 units to 74 units. 2.3 One of the main issues that delayed this proposal was finding a viable servicing solution for the site. The original plan was to extend the sanitary connections along Baseline Road to the intersection of Green Road from the east. This required an 8+ metre deep manhole which the Region did not support and was not feasibly practical. Given the timing of the redevelopment of the South Bowmanville Recreation Complex, there was a mutual benefit and opportunity to provide services through this site through a new local municipal road which will be included in the Development Charges Study and bring services down to through the Bowmanville Recreation site and connect to Green Road at the intersection of the proposed road in the subject plan of subdivision , which has resolved the issue. . 2.4 Another issue was related to parkland dedication. There is an existing drumlin located on the northeast portion of the subject lands which was originally proposed by the owner to be dedicated as park space. The Clarington Official Plan policies state that valleylands and lands susceptible to flooding or otherwise unsuitable for development will not be accepted as statutory parkland dedication. In this case, the drumlin is not considered valleylands or susceptible to flooding but it is unsuitable for development due to the steep grades. As a result, Staff’s position is that this area would not be suitable for park programing needs and would not be accepted as statutory parkland dedication. As an alternative, the owner has agreed that the drumlin would be dedicated to the Municipality as open space lands and as such, according to the Clarington’s Official Plan and Parkland Dedication By-law, would not be counted as the development portion of the site. 2.5 Also given that the total parkland dedication required based on the developable portions of the site does not result in a sufficient area for park development, payment-in-lieu of parkland would be owed as an alternative to land conveyance. The subject application would generate a land area conveyance of 0.17 hectares, which does not meet the minimum size criteria for a parkette, which is a minimum of 0.5 hectares as per the Clarington Official Plan. Further, the site is in close proximity to the South Bowmanville Recreation Complex which will provide park space in close proximity for future residents. Municipality of Clarington Page 5 Report PDS-041-24 2.6 The applicant has submitted the following studies in support of the applications which were circulated to departments and agencies for review. They are available upon request and are summarised in Section 9 of this report.  Environmental Impact Study  Planning Rationale and Landscape Analysis Report  Sustainability Report  Archaeological Assessment Clearance  Arborist Report  Phase One Environmental Site Assessment  Hydrogeological Report Geotechnical Investigation  Slope Stability Analysis  Erosion Hazard Limit Assessment  Stormwater Management and Functional Servicing Report  Traffic Impact Study  Noise and Vibration Impact Study 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located south of Baseline Road, and west of the Green Road, north of Highway 401. The site has frontage on Baseline Road, and on Green Road . There are significant grade differences from north to south and west to east on the site, indicative of a drumlin landform. A portion of the site has been cultivated. The remaining lands are wooded. 3.2 The surrounding uses are as follows: North – one single family resident, existing residential dwellings with a subdivision and a proposed draft plan of subdivision at the north-west corner of Green Road and Baseline Road; South – vacant land and Highway 401; East – one single detached dwelling, Clarington Fields which includes indoor soccer facility, outdoor soccer pitches, baseball diamonds, parking, and washrooms; and West – existing large residential lots and cultivated lands. Municipality of Clarington Page 6 Report PDS-041-24 Figure 2 – Lands Subject to the proposed Draft Plan of Subdivision and Zoning By-law Amendment Applications Municipality of Clarington Page 7 Report PDS-041-24 Figure 3 – Picture of Drumlin looking west from Green Road 4. Provincial Policy Provincial Policy Statement (2024) 4.1 The Provincial Policy Statement (PPS 2024) 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 The new PPS 2024 has been combined with the Growth Plan and now encourages a minimum density target of 50 residents and jobs per gross developable hectare in designated growth areas. The proposal would be achieving a gross density of approximately 67 people per hectare. 4.3 Healthy and active communities should be promoted by planning public streets to be safe, and meet the needs of pedestrians, foster social interaction, and facilitate a ctive transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. Municipality of Clarington Page 8 Report PDS-041-24 4.4 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 4.5 The proposal is consistent with the Provincial Policy Statement. 5. Official Plans Durham Region Official Plan (Envision Durham) 5.1 On September 3, 2024, the Minister of Municipal Affairs and Housing approved Envision Durham, which is the new Regional Official Plan, with modifications. The Durham Region Official Plan designates the subject lands as “Community Areas” and “Major Open Space Areas.” 5.2 Community Areas are to be planned for a variety of housing types, sizes, and tenures, including singles and townhouse dwellings. These areas can also include population - serving uses and shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. 5.3 Major Open Space Areas are a component of the Region’s Greenlands System that generally follow major permanent and/or intermittent stream and valleys and contain high concentrations of key natural heritage features and key hydrologic features. These lands are to be protected, enhanced, and conserved to ensure their ecological value is maintained. Development or site alteration is not permitted in Key Natural Heritage and Hydrologic Features, including any associated vegetation protection zone, as determined through an Environmental Impact Study. 5.4 The proposal conforms to the recently approved Regional Official Plan. Clarington Official Plan 5.5 The Clarington Official Plan designates the subject lands primarily Urban Residential mainly along Green Road, south of Baseline Road and the balance is desi gnated Environmental Protection. The Urban Residential designation is predominantly intended for housing purposes. A variety of densities, tenure and housing types encouraged, generally up to 3 storeys in height. Although no elevations were provided for th e proposed townhouses, the applicant has indicated that the townhouses will be 2 to 3 storeys, and some dwellings may have walk out-basements due to grades. 5.6 Baseline Road is a Type A Arterial Road in the Clarington Official Plan. Sites adjacent to arterial roads shall have a minimum density of 19 units per hectare. Proposal would provide a density of 25 units per hectare. Municipality of Clarington Page 9 Report PDS-041-24 5.7 The Clarington Official Plan contains criteria for multi-unit residential development. The policies state that development shall be suitable to accommodate the proposed density and built form and shall be compatible with the surrounding neighbourhood. The site is secluded from any major developed areas and is surrounded by open space areas. There are single detached dwellings to the north of Baseline Road. The development of townhouses is appropriate for the context, while also providing the appropriate density to achieve the Municipality’s density targets. 5.8 The policies also state that multi-residential developments shall not be sited on opposite sides of the street unless adequate on-street parking can be accommodated to the satisfaction of the Municipality and that townhouse units shall generally not comprise of 6 or more attached units. The proposal shows up to 6 atta ched townhouse units, however, also proposes townhouse blocks on opposite sides of the street. An On -Street Parking Plan was provided in support of the application, which demonstrates that on -street parking can be provided along Street A which has ample opportunity for on-street parking given that no driveways are proposed adjacent to the unique drumlin feature of the site. 5.9 Natural Heritage Features are identified and mapped on the subject lands. The natural heritage features are designated Environmental Protection Area. The natural heritage system is to be protected and enhanced for the long term to promote responsible stewardship and provide sustainable environmental, economic, and social benefits. An Environmental Impact Study was prepared to determine t he appropriate development limits and vegetation protection zone in accordance with the Official Plan. Staff supports the development limits proposed through the EIS and the proposal conforms to the requirements of the OP, with the slight exception to some refinements which are needed for the long-term stable top of bank and associated setbacks. However, this has been addressed through the attached Zoning By-law Amendment and is further discussed in Sections 9 and 10 of this report. 5.10 The proposal conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject site “Agricultural (A) Zone” and “Environmental Protection (EP) Zone”. A Zoning By-law Amendment is required to permit the proposed townhouses on a public street and the medium density block. A draft zoning by-law 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 and the Common Element Condominium townhouse block. 7. Public Notice and Submissions 7.1 Public Notice was mailed to approximately 132 landowners within 300 metres of the subject lands on November 11, 2022, and public meeting signs were installed on the property along Baseline Road and Green Road, advising of the complete application received by the Municipality and details of the public meeting. The Public Meeting was held on December 5th, 2022. Municipality of Clarington Page 10 Report PDS-041-24 7.2 A total of 9 inquiries or comments were received, and 2 were present at the Public Meeting who were opposed or had concerns with the proposed development. The following comments or inquiries are summarized below:  Concerns with the volume, noise and speed of traffic that would be generated from this development, specifically on Baseline Road and Green Road;  Questions regarding the Traffic Impact Report and the reliability of the data provided;  Blind spots for proposed Street A connection off of Baseline Road;  Concerns with homes being located too close to the floodplain;  Concerns with blasting/vibration from St. Marys having impacts on dwelling foundations;  Concerns with erosion and stability of slope;  Concerns with the overall public infrastructure required to service the development, including, water and wastewater, new schools, hospitals, libraries, and other public facilities;  Destruction of wildlife and habitat, tree removal and the overall impacts of the development; and  Concerned with well interference. 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 and through the site plan process for the common element condominium block. Environmental Impact Study, prepared by Palmer, November 28, 2023 9.2 An Environmental Impact Study was completed to determine the extent of the natural heritage features and evaluate the presence of any species at risk or significant wildlife habitat. In order to determine the extent of the features, CLOCA, Municipal Staff, and Palmer attend the site on October 1, 2021, to stake and survey the dripline/top of bank on the east side of the Darlington Creek. 9.3 An updated EIS was prepared to address Clarington Staff and the conservation authority comments. The main revisions included further discussions aroun d the butternut trees found on the subject lands and their preservation, as well as the general approach to the stormwater management pond and outlet. Staff and CLOCA are generally satisfied and have accepted the extent of the features and buffer areas sho wn on the figures within the EIS and on the draft plan of subdivision. Municipality of Clarington Page 11 Report PDS-041-24 9.4 Three out of the four butternut trees are identified as a non-retainable tree (Category 1) and can be injured or removed provided it is registered with the province. However, the proposal only requires one of the four trees to be removed. The butternut tree proposed for removal is located to the south of the site and adjacent to the creek where the storm water outfall and emergency overland flow outlet is being proposed. As a Category 1, there are no implications beyond registry as removal is permissible. The Ministry has acknowledged the removal of this tree. A 25-metre buffer is proposed around butternut tree 2 (BN2) to ensure the habitat for the butternut tree is protected. This required the public road to shift slightly to the east to avoid grading and development within this area. There is also a restoration and enhancement area being proposed around BN2 to offset the impacts of encroachment into the natural heritage features for the stormwater outfall and emergency overland outlet. The other two butternut trees (BN1 and BN4) will not be affected by the proposed development as they are located within the Darlington Creek Valley or the protection area. They would remain and would be enhanced by the dripline setback restoration activities. 9.5 The report indicates some removal of the features for the stormwater outfall and emergency overland outlet. The area proposed area to be removed is approximately 220 m2. This reduction is offset by a proposed increase in vegetation area of 1,020 m2 adjacent to the public road and enhancing the area around the butternut tree including “companion” trees that may improve their overall habitat. The Clarington Official Plan policies state that stormwater management facilities may be located in any land use designation, but generally shall not be permitted on lands within the natural heritage system, identified as flood plain or Regulatory Shoreline or designated as Environmental Protection Area. However, the exact location of stormwater management facilities shall be approved by th e Municipality in consultation with the Province and the Conservation Authority. The storm pond is located outside the features and minimum vegetation protection area; however, the outfall and emergency outlet are within the feature to allow for the proper function of these features. Clarington Staff, and the Conservation Authority have been satisfied with the revised proposal. Municipality of Clarington Page 12 Report PDS-041-24 Figure 4 – Proposed Encroachment Offsetting Proposed by Applicant Municipality of Clarington Page 13 Report PDS-041-24 Planning Justification Report and Landscape Analysis, prepared by D.G. Biddle & Associates Limited, dated February 2022, updated August 2024 9.6 A Planning Justification Report submitted by D.G. Biddle and Associates Ltd. and revised in August 2024 to address Staff comments. The proposed development has been revised in response to Staff comments by identifying the drumlin as open space lands, further describe the intentions of the future lands being retained by the applicant on the west side of the Darlington Creek and bringing them out of the subdivision application and correcting the land use areas to reflect the draft plan. The draft zoning by-law was also updated to reflect Staff comments. 9.7 Section 4 of the report indicates that the residential subdivision proposal is comprised of one medium-density block and 7 street townhouse blocks with access from a new public street running from Baseline Road to Green Road. The medium -density block is intended to be developed as a common element condominium of 36 link townhouse dwellings, all with access from a private lane. The seven street townhouse blocks will include 38 units, 12 of which will front onto Green Road and the remaining 26 will front onto the new public street. Included within the development lands is a stormwater pond block and two open space blocks consisting of the Darlington Creek valley lands and the drumlin natural feature to be dedicated to the Municipality. Common outdoor amenity space for the condo block is illustrated on the draft plan. 9.8 The report also indicates that there are several landform features located on the property, including a drumlin, a creek and associated valley, and table lands used for agricultural purposes. The east branch of Darlington Creek traverses the property. The valley drops from approximately 4 m deep at the north side of the development property to approximately 8 m dep at the south side. Located at the northeast corner of the property is a drumlin. The top of the drumlin is located on the adjacent property to the northeast and has a height of 124 m above sea level. The drumlin has a maximum slope of 27%, which prevents these lands from being used for agricultural purposes and are thus left as fallow. The report also indicates that it is very costly to remove the fill and develop this portion of the site. 9.9 Development is required to match existing grades at the property line. As such, the height and much of the drumlin volume will remain intact. Some grading of the lands can be accommodated along the Green Road and new public street frontage to allow for more reasonable development envelopes. Nevertheless, this grading will not significantly affect the volume nor height of the drumlin in this location. 9.10 The report concludes that the proposal is in conformity with the upper -level policies, the Clarington Official Plan and represents good planning. Municipality of Clarington Page 14 Report PDS-041-24 Energy Conservation and Sustainability Plan, prepared by D.G. Biddle & Associates Ltd., dated December 21, 2023 9.11 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 rough ins for electrical vehicle charging stations will be provided for the residential dwellings within the garage and that the condominium block (Block 1) will have two vehicle charging station parking spots out of the 16 visitor parking spots provided. 9.12 The report also indicates that there would be improved water quality due to the design of the stormwater management facilities. It also indicates that the natural heritage areas are being protected to the greatest extent possible while also proposing new tree plantings throughout the site to reduce the heat island effect. Archaeological Clearance Letter from Ministry of Heritage, Sport, Tourism, and Cultural Industries, dated January 10, 2022 9.13 A Stage 1 and 2 Archaeological Assessment of 922 Green Road was prepared in December 2021 by Northeastern Archeological Associates Ltd. The assessment concluded that the subject property would not require any further archeological investigation as the site did not possess any cultural heritage value or interest and was accepted by the Ministry. Phase One Environmental Site Assessment, prepared by Cambium Inc., dated October 2, 2023 9.14 The Phase One ESA was submitted to determine if there were any potential contaminants located on the subject lands which are proposed to be redeveloped for residential uses. The ESA identified four potentially contaminating activities within the Phase One Study Area (three on-site, and one off-site), which contributed to areas of potential environmental concern on the site. The related contaminants of potential concern may have been the result of potentially contaminated soil/fill material being brought to the site. The off -site potential contaminant is a historical orchard which would include the use of pesticides. The report recommended that a Phase Two ESA be required to be submitted. 9.15 As a condition of subdivision approval, the Region of Durham will require a Phase Two ESA report to be submitted. To rely on the environmental work performed, the Region will also require the completion of a Regional Reliance Letter and Certificate of Insurance forms. These conditions would also need to be completed before removal of the Hold symbol proposed in the Zoning By-law Amendment. Municipality of Clarington Page 15 Report PDS-041-24 Noise Impact Study, prepared by D.G. D.G. Biddle & Associates Ltd., dated February 2022 9.16 The subject site is located adjacent to Baseline Road, which is designated as a Type ‘A’ Arterial Road in the ROP and is a source of transportation noise. This study was prepared to assess the impacts of noise generated from the road and determine mitigation measures to reduce the noise impacts and the appropriate noise clauses to be added to the offer of purchase and sale agreements for future home buyers. The recommendations of the report indicate that noise levels in the outdoor amenity areas for the units which front onto Baseline Road exceed the Ministry of the Environment, Conservation and Parks criteria without any mitigation measures. It recommends a 1.8 m acoustic fence be installed along the rear yards to bring the noise levels at an acceptable level to meet the Ministry requirements, in addition to the recommended warning clauses. Noise and Vibration Impact Study, prepared by Sonair Environmental Inc., dated October 21, 2022, and revised November 21, 2023 9.17 A separate study was completed to evaluate the vibration impacts from blasting operations that occur at the nearby St Mary’s Cement plant as well as addressing potential nuisance noise generated from the Ontario Power Generation’s (OPG) evacuation sirens. At the request of the Region, the report was peer reviewed, by EXP Services Inc. 9.18 The peer review noted that the above noted study did not consider the worst -case scenario. In response to this, a revised Noise and Vibration Impact Study, prepared by Sonair Environmental Inc., dated November 21, 2023, was submitted to the Region. 9.19 A second peer review report, also prepared by EXP Services Inc., dated December 22, 2023, was submitted to the Region, and forwarded to the applicant. This peer review noted that the previous concerns had been addressed and that there were no further concerns with the study. 9.20 Potential noise generated from OPG evacuation sirens as a result of a nuclear emergency is exempt under Ontario regulations and applicable noise guidelines. However, an industry specific Warning Clause Type “E” is required to be registered on all titles, leases, and purchase and sale agreements for all units due to proximity of the proposed development to the sirens. 9.21 Vibration and Overpressure impact from St. Marys Cement blasting operations are predicted to meet the limits; therefore, the proposed development is expected to meet the requirement of guideline NPC-119 for blasting operations. However, an industry specific Warning Clause Type “E” is required to be registered on all titles, leases, and purchase and sale agreements for all units due to proximity of the proposed development to the facility. 9.22 As such, the Region requires that the recommendations detailed in Section 4.0 – Conclusion and Recommendations – of the Noise and Vibration Impact Study, prepared by Sonair Environmental Inc., dated November 21, 2023, be included in a Subdivision Agreement between the proponent and the Municipality of Clarington. Municipality of Clarington Page 16 Report PDS-041-24 Arborist Report and Vegetation Protection Plan, prepared by Palmer, dated May 2022 and revised July 25, 2024 9.23 The original arborist report was submitted in May 2022. Revisions to the report were required to address Municipal and CLOCA comments related to grading, and refinements for the SWM pond design, as well as the tree removal to accommodate a recreational trail system on the drumlin. The trail system is no longer part of the Site concept; however, the slopes must still be graded to achieve a maximum 2.5: 1 slope. Therefore, the trees in that area must still be removed. Below is an image from the report which indicates the trees proposed to be removed in red and trees proposed for protection in green. Figure 5 – Tree inventory and Preservation Plan Municipality of Clarington Page 17 Report PDS-041-24 Slope Stability Analysis, prepared by Cambium Inc., dated May 15, 2023 9.24 Cambium Inc. completed a Slope Stability Analysis to assess the existing slopes on the southeast corner of the site where portions of the site will be cut back during construction. Based on the findings of the report, it is anticipated that the proposed finished topography will be stable. Additional comments related to the construction methods and procedures were provided in the report and will be included in the conditions of subdivision approval. Erosion Hazard Limit Assessment, prepared by Cambium Inc., dated May 15, 2023 9.25 Cambium was retained to complete an erosion hazard limit assessment as a requirement by Central Lake Ontario Conservation Authority. The subject valley slope is located at the west portion of the site, adjacent to the Darlington Creek. The erosion hazard limit assessment involves Block 1 (condo block), Block 2 (street townhouses), and Block 11 (stormwater management pond). The report shows the long-term stable top of bank limits as a result of the analysis with a 6-metre erosion hazard limit. All development, including the stormwater management pond is proposed to be outside these limits. Geotechnical Investigation, prepared by Cambium Inc., dated August 13, 2021 9.26 The findings of the Geotechnical Investigation indicated that the subsurface condition of the site generally consists of a surficial layer of topsoil or fill overlying a sandy silt to silty sand which transitions into a stiff to hard native clayey silt to clay and silt material. A topsoil layer, approximately 600 mm thick, was encountered at all borehole locations, except for the southerly borehole. Bedrock was not encountered in the investigation. 9.27 The report recommends that all topsoil, organics, and deleterious material should be removed from the development areas prior to construction. For site grading, in areas of cut or minor fill where the proof roll and/or inspection has identified unsuitable subgrade conditions, whether too soft or too wet, material is to be removed and replaced with an approved material and compacted, under guidance of Cambium staff. It also recommended that in accordance with the Building Code, that Site Class D (stiff soil) be applied for structural design. These seismic design parameters should be reviewed in detail by the structural engineer and incorporated into the design as required. 9.28 Groundwater was monitored in July 2021 and found at depths between 2.0 metres to 4.9 metres below the ground surface. No excessive seepage is anticipated at this site, groundwater ingress into shallow excavations may be expected from perched water and surface drainage, any dewatering during construction that may be required should be controllable with filtered sumps and pumps. The report recommends that the perimeter subdrains around the footings should be installed where any floor is less than 150 mm above final grade and is required to be dry. Subsurface walls should be adequately da mp proofed above the water table and waterproofed below the groundwater table. Municipality of Clarington Page 18 Report PDS-041-24 Hydrogeological Report, prepared by Cambium Inc., dated October 3, 2022 9.29 The Hydrogeological Assessment identified 13 well records within 500 metres of the subject lands, 10 of which were drilled or dug wells. The site is within a Highly Vulnerable Aquifer and an unconfirmed aquifer exists within the shallow overburden. Additionally, a shallow bedrock aquifer has been identified in the area of the site as per the MECP water well record information. The connectivity of the shallow overburden aquifer and the deeper aquifer system is not known; however, it is likely that there is some degree of hydraulic connection between the shallow overburden aquifer and the underlying bedrock aquifer. 9.30 The proposed development will be provided water through public services and there will be no groundwater used for water supply. Any wells are to be decommissioned. The only water withdrawal at the site will be from construction dewatering activities, which is anticipated to be minimal. The report recommends cumulative daily construction dewatering rates should be monitored on a daily basis to confirm total water withdrawal rates across the site during construction. Further, the method of disposal of water removed from the construction excavation should be determined prior to the commencement of water withdrawal. A dewatering plan should be prepared as necessary which includes the sediment and erosion control measures. 9.31 The report concludes that due to the low hydraulic conductivity of the shallow overburden soils, dewatering during construction will be minimal. Local groundwater and surface water systems are not anticipated to be influenced from the development. Stormwater Management and Functional Servicing Report, prepared by D.G. Biddle & Associates Limited, dated August 7, 2024 9.32 The Functional Servicing and Stormwater Management report identifies how the site would be serviced and how the stormwater will be managed post development. Since the submission of this report, discussions with the Region and Municipal Staff have led to agreed sanitary servicing changes that are more appropriate and feasible for the development of these lands. 9.33 The proposed sanitary sewer system will be constructed within the local road proposed on the South Bowmanville Recreation lands which are immediately east of the subject lands. The developer will be responsible for the cost to bring services through this local road and connect into the subject lands. The actual construction of the road will be a Development Charge item. Services would then extend through the local Street A on the proposed plan and connect to a metre room for the condominium block. From the metre room services will be constructed within the private lane to service each individual unit. For the street townhouses, they would be serviced through the proposed local road or extensions through Green Road. 9.34 Municipal water may also be extended through the local municipal road within the South Bowmanville Recreation lands; however, it is currently proposed to extend along Baseline Road. Watermain design will be determined through further discussions with the Region and will be addressed through the conditions of subdivision approval. Providing services to the adjacent lands to the south should also be reviewed as part of the servicing strategy to ensure a coordinated approach. Municipality of Clarington Page 19 Report PDS-041-24 9.35 The report indicates that the site will be drained to the future stormwater pond located at the south portion of the site. The sewer would be sized to accommodate a 5-year return frequency post development event as per the Municipality’s design criteria. The pond will also provide Level 1 Enhanced quality control for the Darlington Creek. The detention of runoff will minimize further erosion of the upper reach of the Darlington Creek. The pond will also allow for all storm events, including the 100-year return frequency, to be attenuated to pre-development flows at the outfall to the Darlington Creek. Traffic Impact Study, prepared by GHD, dated April 14, 2023, and addendum August 2, 2024 9.36 A Transportation Impact Study was prepared to analyze existing and future traffic conditions in relation to the proposed development. The report concludes that the site is expected to generate 174 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 intersection improvements. 9.37 Sightline assessment along Green Road originally found that due to the slope, the proposed Main Site Entrance and the driveways off Green Road would have inadequate stopping sight distances. GHD recommended adding Hidden Entrance signage to warn drivers of the possible sightline issues. Since then, the addendum letter indicated that Green Road south of Baseline is assumed to be a 50km/hour design speed instead of a 70 km/hour design speed and as such, the available sight distance meets th e requirement for minimum stopping distance. 10. Discussion 10.1 The proposal includes a total of 74 residential dwelling units consisting of 36 link townhouses within a condominium block and 38 street townhouses with driveway access from local public roads. The applicant is also proposing a new Street A off of Green Road which will align with the new street proposed to the east on the South Bowmanville Recreation lands. The draft plan also shows two transit stops and shelters, one along Street A (north portion) and one on Green Road. Design of the bus stops will be coordinated with the Region of Durham Transit Service through the subdivision process. 10.2 The site is situated in the Bowmanville Urban Area adjacent to the westerly boundary. The proposed units may facilitate further development to the south and coordination between the two landowners would be imperative prior to finalizing the conditions of draft plan approval. If the rezoning is approved, Staff will encourage the applicant to enter into a cost sharing agreement with the adjacent landowner to facilitate and provide coordinated services through the subdivision process. Municipality of Clarington Page 20 Report PDS-041-24 10.3 The Clarington Official Plan designates the subject lands Urban Residential and Environmental Protection. It is also located at the edge of a neighbourhood and is adjacent to a Type A Arterial Road, Baseline Road, which allows for slightly higher densities in the Urban Structure typologies, when compared with lands internal to neighbourhoods. The proposal shows a medium de nsity block within this area to utilize higher order transit routes and to limit individual vehicle access on roads which have higher traffic volumes. The proposed medium density block is adjacent to Baseline Road, consistent with the Official Plan policies. Future applications will be required for the medium density block, including site plan, condominium, and part lot control. The approved policy framework not only approves, but encourages this type of development, and the technical limitations along arterial roads on limiting private driveways also support townhouse blocks. Environmental Protection Areas 10.4 The Environmental Protection designation can be refined through the various studies, including the Environmental Impact Study, and the findings of th e studies are to be reflected in the implementing site specific zoning by-law amendment. 10.5 The applicant has demonstrated through the Environmental Impact Study that the proposed uses, being the street townhouse and the townhouses on the medium density block, as well as the infrastructure to support the development, will have minimal or no impact on the natural heritage system and hydrologic features on the site. The stud y has addressed municipal staff, and outside agency concerns to ensure the natural features are protected in accordance with the policies of the Clarington Official Plan. 10.6 The applicant has also prepared an Erosions Hazard Limit Assessment in addition to the Environmental Impact Study. The erosion hazard limit (or the Long-Term Stable Top of Bank) presented in the report was not reflected on the draft plan of subdivision at the time of writing this report. The policies in the Clarington Official Plan require a minimum vegetation protection zone of 15 metres from the valley, which includes the s table top of bank and associated setback of 15 metres. 10.7 The Zoning By-law Amendment attached to this report has been revised to reflect the 15-metre offset from the long-term stable top of bank. This refinement only slightly encroaches into the development limits proposed in the draft plan of subdivision for Blocks 1 and 2. The stormwater management pond is within the 15-metre setback of the long-term stable top of bank but outside the erosion hazard limit and the 6-metre access allowance. The pond is proposed to be rezoned to Environmental Protection. The draft plan may have to be revised to adjust the location and size of the pond to be outside the 15-metre setback to the stable top of bank, however this issue can be rectified through the subdivision application process. Proposed Zoning By-law Amendment 10.8 A rezoning is required to facilitate the development and rezone the lands from “Agricultural (A)” to ““Urban Residential Exception (R3-78)”. It also proposes to rezone the open space areas, including the stormwater management pond and drumlin from Municipality of Clarington Page 21 Report PDS-041-24 “Agricultural (A)” to “Environmental Protection (EP)” to recognize and protect the environmental features and their associated buffers. The proposed zone would support the environmental policies of the Clarington Official Plan by protecting these features and functions. 10.9 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 and future site plan with the Municipality of Clarington. The draft conditions of the subdivision and site plan application will be prepared at a later date, provided Council supports the recommendations in this report . Density 10.10 The subject lands are required to meet a minimum net density of 19 units per hectare. The proposal is for approximately 25 units per net hectare. The built form shall be between 1 to 3 storeys and primarily used for ground related units including limited apartments, townhouses, semi-detached, or detached dwellings. The proposal is for linked and street townhouses with a height of 2 to 3 storeys. The density proposed is in conformity with the policy direction and vision of the Clarington Official Plan. Lot Frontages 10.11 The minimum width of townhouses units has been debated by Municipal Staff and Council for many years to ensure appropriate growth and density can be accommodated, while still meeting other demands, such as parking and landscaped open space. Typically, as a result of a Council Resolution from 1999, townhouses which have access from a public road are recommended to have a lot frontage of 7 metres, while townhouses which are accessed by a lane are recommended to have a minimum width of 6 metres. 10.12 In more recent years, Council has approved a reduction to the minimum widths for townhouses, specifically for townhouse blocks accessed by a private lane, since these types of developments are required to have visitor parking spaces internal to the site, as well as provide an outdoor amenity space. 10.13 The proposal shows 4.5-metre-wide townhouses on the condominium block and 6 metre frontages for the street towns along Street A. The townhouses that have driveway access from Green Road are proposed to have 7.0 metre lot frontages and are in accordance with the 1999 Council Resolution. Municipality of Clarington Page 22 Report PDS-041-24 10.14 The applicant has prepared an on -street parking plan to demonstrate that Clarington’s on-street parking requirements can be met. It shows a required 13 parking spaces and proposes 21 on-street parking spaces along proposed Street A. The applicant has demonstrated that there would be well over the minimum on-street parking available along Street A since there are no driveways proposed on the east side due to the drumlin feature. Staff have no concern with the street townhouse frontages being reduced to 6 metres where the driveway access is from 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. 10.15 For the condo block, the zoning by-law attached to this report proposes to increase the minimum required width of the townhouses from the 4.5 metres to 5 metres. This reflects the minimum width needed in order to accommodate the general provision in the Zoning By-law, which was passed in June of this year, and now requ ires a minimum of 40% of the front yard to have soft landscaping. Given that driveway widths are a maximum of 3 metres, on a 5-metre-wide lot, this would occupy 60% of the front yard, leaving the remaining 40% available for soft landscaping and would be able to meet the general provisions recently introduced in June. Anything below 5 metres starts to create challenges in terms of parking spaces, landscaping, utility coordination and overall aesthetics. The townhouse units are very narrow and cannot easily a ccommodate the everyday functions. 10.16 Given the more recent zoning by-law amendment approvals which have reduced lot frontages for townhouses, Staff are supportive of the reduction to 5 metres, in order to balance the need for more residential units with other important technical and aesthetic components which make the development a success. This creates a range of housing options on the site and creates different price points for the homebuyers to meet their individual needs. Vehicle Access and Traffic 10.17 The site proposes to have vehicle access via a new proposed local road, Street A. There are also 12 street townhouse units which would have direct access from Green Road. Street A has been slightly skewed to the east at the mid-section of Street A to accommodate the buffer area around the butternut tree. 10.18 Concerns were raised from the public regarding increased traffic and sight lines at the intersection of Street A and Baseline Road. The Transportation Impact Study determined that the site is expected to generate an additional 174 trips during the weekday peak hours and will have minimal impacts on the surrounding road network. The study indicated that the amount of traffic generated by the proposed development does not warrant any road improvements or intersect ion improvements. Clarington Staff have reviewed the Traffic Impact Study and have no further concerns. Municipality of Clarington Page 23 Report PDS-041-24 Parkland Dedication 10.19 The original plan for the subject site contemplated a parkette situated on top of the drumlin feature that would be accessed by a trail. However, due to the significant grade difference and steep slope, it was decided through discussions with Staff and the applicant, that the park space is not suitable for park purposes. Land dedication for a park was deemed unnecessary and payment in lieu of parkland dedication would be required as an alternative. The site is also adjacent to the South Bowmanville Recreation Centre which is currently undergoing extensive redevelopment and will contain park facilities in close proximity to the future residents. 10.20 The Municipality also requires a proposed north-south sidewalk within the public right- of-way along the western edge of Street A which will connect into the South Bowmanville Recreation lands. 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 environmental protection lands, walkways and road infrastructure will be included in future operating budgets upon acceptance. 11.3 For lands within a proposed private condominium development block, financial responsibility and maintenance is borne by the condominium corporation. Perfect Storm Report 11.4 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 f ull cost of these changes. 11.5 The application is not within an approved Secondary Plan Area and there are no parkland reductions from these applications further to what is permitted in the Clarington Parkland and Open Space Dedication By-law 2023-042. Therefore, there is no need to undertake a Fiscal Impact Assessment as there are no lost revenues to the Municipality as a result of Bill 23 changes. Municipality of Clarington Page 24 Report PDS-041-24 12. Strategic Plan 12.1 The proposed development has been reviewed against the pillars of the Claringt on 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 p roposal aligns with Clarington’s Strategic Plan. 13. Climate Change 13.1 Applicant has prepared a Sustainability report in accordance with Clarington’s Priority Green Standards for Subdivisions as explained in Section 9 of this report. This project considers climate risks by assessing the flood prone areas in the 100-year storm event, while also protecting the natural heritage features and keeping development outside their minimum vegetation protection zone. The proposal also shows areas adjacent to the valley to be vegetated which will offset any removal of vegetation required for the stormwater facilities. 14. Concurrence 14.1 Not applicable. 15. Conclusion 15.1 In consideration of all comments, it is respectfully recommended that the applications by 1494339 Ontario Limited for a draft plan of subdivision consisting of a townhouse block and street related townhouses, totalling 74 units be supported and that the zoning by- law amendment to facilitate the subdivision, be approved, with a (H) Holding Symbol. It is also recommended that the (H) Holding Symbol be removed once all the conditions of the subdivision and the anticipated site plan application are 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 x 2422 or nzambri@clarington.net Attachments: Attachment 1 – Draft Zoning By-law Amendment Attachment 2 – Draft Plan of Subdivision Attachment 3 – Department and Agency Comments Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PDS-041-24 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 2022-0002; Now Therefore Be It Resolved That, 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 hereby amended by adding thereto, the following new Special Exception Zone 14.6.78 as follows: 14.6.78 Urban Residential Exception (R3-78) Zone Notwithstanding Sections 3.16 c. iii), 14.3 and 14.4, those lands zoned R3-78 shall be subject to the following regulations and the applicable provisions not amended by the R3-78 zone: a. In the case of street townhouse dwellings, the following provisions apply: i) Lot Area (minimum) a) Interior Lot 190 square metres b) Exterior Lot 300 square meters ii) Lot Frontage (minimum) a) Interior Lot 6.0 metres b) Exterior Lot 9.0 metres iii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport and 3.0 metres to a dwelling b) Interior Side Yard 1.2 metres; nil where building has a common wall with any building on an adjacent lot c) Exterior Side Yard 3.0 metres d) Rear Yard 7.5 metres iv) Dwelling Unit Area (minimum) 85 square metres Attachment 1 to Report PDS-041-24 v) Lot Coverage (maximum) 55 percent for dwelling; 60 percent for all buildings and structures vi) Landscaped Open Space (minimum) a) Lot 30 percent b) Front Yard 40 percent soft landscaping vii) Building Height (maximum) 11 metres viii) A maximum driveway width of 3 metres shall be permitted . ix) 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. 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. b. In the case of link townhouse dwellings, the following provisions shall apply as if each dwelling is located on a lot for the purpose of establishing regulations for each link townhouse, unless stated otherwise: i) Density (for entire block) 35 to 45 units per hectare ii) Lot Frontage (minimum) 5 metres iii) Yard Requirements (minimum) a) Front Yard from Public Street or Private Lane 6.0 metres to private garage or carport and 3.0 metres to a dwelling b) Side Yard 1.5 metres; nil where building has a common wall with any building on an adjacent lot c) Rear yard 6.0 metres; nil where a building has frontage on both a private lane and public road iv) Utility Building Setbacks (minimum) a) From Public street 7.0 metres b) From Private Lane 3.0 metres c) From any other lot line, including link townhouse dwelling lot 2.0 metres Attachment 1 to Report PDS-041-24 v) Dwelling Unit Area (minimum) 85 square metres vi) Lot Coverage (maximum) 55 percent for dwelling; 60 percent for all buildings and structures vii) Landscaped Open Space (minimum) a) Dwelling Lot 30 percent b) Front Yard 40 percent soft landscaping; where building has frontage on both a private lane and public road the yard where the parking space is provided shall not reduce the soft landscaping below 40 percent viii) Minimum Outdoor Amenity Space (shared) 4.0 square metres per unit ix) Building Height (maximum) 12 metres x) A maximum driveway width of 3 metres shall be permitted. xi) All garage doors shall not be located any closer to the private lane than the dwellings first floor front wall or exterior side wall or covered porch projection. Where a building has frontage on both a private lane and public road, garage doors can project up to 3 metres from the second floor front wall, provided outdoor amenity space is provided above. Schedule ‘3’ (Bowmanville) to By-law 84-63, as amended, is hereby further amended by changing the zone from: “Agricultural (A) Zone” to “Holding - Urban Residential Exception ((H)R3-78) Zone” “Agricultural (A) Zone” to “Environmental Protection (EP) Zone” as illustrated on the attached Schedule ‘A’ hereto. 2. Schedule ‘A’ attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. Passed in Open Council this 28th day of October, 2024. ____________________________ Adrian Foster, Mayor ____________________________ June Gallagher, Municipal Clerk Attachment 1 to Report PDS-041-24 '5$)73/$1 081,&,3$/,7<2)&/$5,1*721  '3  Attachment 2 to Report PDS-041-24 Attachment 3 to PDS-041-24 Attachment 3 – Summary of 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 conforms to the policies of the Regional Official Plan (Envision Durham). The Region of Durham has no objection to the draft approval of the plan of subdivision application subject to the Region’s conditions of approval. Durham Region Works Department ☒ The Regional Works Department has no objection to the rezoning application. The conditions of approval for this department shall be complied with prior to the registration of the plan of subdivision and the conditions shall form part of the Subdivision Agreement. Central Lake Ontario Conservation Authority (CLCOA) ☒ The site is within the Darlington Creek watershed. The east branch of the Darlington Creek traverses the property, and a drumlin feature is located at the north-east corner of the site. The Darlington Creek is part of the Natural Heritage System. The creek is designated as a Key Hydrologic Feature and the wooded areas have been designated Key Natural Heritage Feature. CLOCA Staff have indicated that most of their previous concerns regarding matters relating to stormwater management have been addressed and that the remaining comments can be addressed during the detailed design stage of the application approval process. Kawartha Pine Ridge District School Board ☒ KPRDSB has no objection to the proposal and provided a list of conditions requested to be included in the approval of the draft plan of subdivision. Peterborough, Victoria, Northumberland, Clarington Catholic District School Board ☐ No Comments. Attachment 3 to PDS-041-24 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 various comments which can be addressed at the detailed design stage through the subdivision process. 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. Ontario Power Generation ☒ No objection.