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Home My WebLink About01/11/2016Planning and Development Committee Agenda Date: January 11, 2016 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at mchambersCc�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 Record: The Municipality of Clarington makes an audio record of Planning and Development Committee meetings. If you make a delegation or presentation at a Planning and Development Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Copies of Reports are available at www.clarington.net Cl -.l Planning and Development Committee Agenda Date: January 11, 2016 Time: 7:00 PM Place: Council Chambers 1 Call to Order 2 New Business — Introduction 3 Adopt the Agenda 4 Disclosures of Pecuniary Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 Minutes of a Regular Meeting of December 7, 2015 6-1 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment 7-1 Applicant: Heather Holt Report PSD -001-16 7.2 Application for a Proposed Zoning By-law Amendment 7-3 Applicant: Lanarose Properties Report PSD -002-16 8 Delegations 8.1 Brenda Metcalf, Chair, Agricultural Advisory Committee of Clarington, Regarding an Annual Update 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications — Direction There are no Communications for direction. 11 Presentations No Presentations Page 1 ClarIB91011 Planning and Development Committee Agenda Date: January 11, 2016 Time: 7:00 PM Place: Council Chambers 12 Planning Services Department Reports 12.1 PSD -001-16 An Application by Heather Holt to Permit One Additional 12-1 Single Detached Dwelling by Reductions in Lot Frontage and Yard Setback Requirements 12.2 PSD -002-16 An Application by Lanarose Properties Ltd. (The Kaitlin 12-9 Group) to Permit Four Single Detached Dwellings and One Block for Five Townhouses in Bowmanville 12.3 PSD -003-16 Community Improvement Annual Report for 2015 12-18 12.4 PSD -004-16 Environmental Stewardship, 2015 Annual Report 12-27 12.5 PSD -005-16 Heritage Incentive Grant, 2015 Annual Report 12-32 12.6 PSD -006-16 Appeal to the Ontario Municipal Board of a Decision of the 12-35 Committee of Adjustment of November 5, 2015 12.7 PSD -007-16 Applications by South Bowmanville Ltd. for Proposed Draft 12-40 Plan of Subdivision and Rezoning to Permit 60 Single Detached dwellings 12.8 PSD -008-16 Clarington Transformer Station — Additional Professional 12-71 Services 12.9 PSD -009-16 Kawartha Pine Ridge School Board Surplus Property Sale — 12-88 Ontario Street School — 116 Ontario Street, Bowmanville 13 New Business — Consideration 14 Unfinished Business 14.1 COD -001-16 Courtice Main Street Community Improvement Plan 14-1 [Referred from the January 4, 2016 General Government Committee Meeting] Page 2 C1a1l1i9tOn Planning and Development Committee Agenda 15 Confidential Reports No Reports 16 Adjournment Date: January 11, 2016 Time: 7:00 PM Place: Council Chambers Page 3 clarbgfolffl Planning and Development. Committee Minutes December 7, 2015 Minutes of a meeting of the Planning and Development Committee held on Monday, December 7, 2015 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor W. Woo Regrets: Councillor C. Traill Staff Present: D. Crome, J. Gallagher, M. Chambers 1 Call to Order Councillor Woo called the meeting to order at 7:00 PM. 2 New Business — Introduction Councillor Neal added a new business item, regarding the water in the shallow wells near the Clarington Hydro One Transformer station, be added to the New Business — Consideration section of the Agenda. Councillor Partner added a new business item, regarding identifying the -names of the "lost" hamlets in the Municipality, be added to the New Business — Consideration section of the Agenda. 3 Adopt the Agenda Resolution #PD -069-15 Moved by Councillor Hooper, seconded by Councillor Neal That the Agenda for the Planning and Development Committee meeting December 7, 2015 be adopted with the following item being added to the "New Business — Consideration" section of the Agenda: i • Water in the shallow wells near the Clarington Hydro One Transformer station • Identifying the names of the "lost" hamlets in the Municipality Carried 4 Disclosures of Pecuniary Interest There were no disclosures of pecuniary interest stated at this meeting. 5 Announcements. Members of Council announced upcoming community events and matters of community interest. -1- iR Planning and Development Committee 9ton I Minutes • December 7, 2015 6 Adoption of Minutes,�of Previous Meeting Resolution #PD -070-15 Moved by Councillor Cooke, seconded by Councillor Partner That the minutes of the regular meeting of the Planning and Development Committee, held on November 16, 2015, be approved. Carried 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: H & H Building Corporation and LDB Holdings Ltd. Report: PSD -059-15 Brandon Weiler, Planner, made a verbal and electronic presentation to the. Committee regarding the application. Lynn Weatherbee, local resident, spoke in opposition to the application. Ms. Weatherbee explained that her property is located next to the service corridor. She continued by noting that there is currently a temporary fence and asked for a permanent fence to be built to prevent people from walking onto her property while using the service corridor. Heidi Stephenson, spoke on behalf of the builder. Ms. Stephenson addressed the question on fencing and explained that currently they are complying with all municipal fencing regulations. 8 Delegations 8.1 John Passalacqua, Regarding Addendum 2 to Report PSD -045-15, Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment Building at 50 Martin Road in Bowmanville John Passalacqua, Zemer Holdings, was present regarding Addendum 2.to Report PSD -045-15, Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment Building at 50 Martin Road in Bowmanville. He made a verbal presentation to accompany an electronic presentation. Mr. Passalacqua noted that, after a meeting with the Region of Durham, the Municipality and the developer, he feels comfortable with the report and that all parties involved are now on the same page. He continued by advising the Committee he is in agreement with recommendations of Addendum to Report PSD -045-15 with the exception of 4 b). Mr. Passalacqua asked for this condition to be reworded. He added that this project has been a "moving target" with new issues constantly developing. Mr. Passalacqua added the Environmental Assessment is underway and it is difficult to continue to use resources towards a constantly changing -2- M ° Planning and Development Committee 7 Y= Minutes December 7, 2015 project. He advised that they are looking to proceed immediately and in order to do this the zoning needs to be amended before the Site Plan Application. Mr. Passalacqua read a letter he received from the lender for the project who requested that the zoning to be approved first to accelerate the process. He concluded by stating that they are looking to proceed with the project with the changes to 4 b) and the remaining matters can be addressed at the site plan stage. 8.2 Michael Fry, DG Biddle & Associates & Nick Swerdfeger, N. Swerdfeger Architects Inc., Regarding Report PSD -061-15, An Application by 564069 Ontario Inc. to Construct a 5 -Storey, Mixed -Use Building on Beaver Street South, Newcastle Michael Fry, D.G. Biddle and Associates & Nick Swerdfeger, N. Swerdfeger Architects Inc. were present regarding Report PSD -061-15, An Application by 564069 Ontario Inc. to Construct a 5 -Storey, Mixed -Use Building on Beaver Street South, Newcastle. They made a verbal presentation to accompany an electronic presentation. Mr. Fry thanked staff for the report and provided an overview of the application.. He reviewed the location of property, surrounding area, and the size of the subject properties. Mr. Fry explained that the Official Plan Designation of the property is Village Centre and Urban Residential and the zoning is Convenience Commercial Zone A. He continued by highlighting the site proposal including a -map of an excerpt of the site plan. Mr. Fry explained that they have relocated the vehicular access and there is a proposed underground parking garage. He provided an overview of the planning context which included the Region of Durham's Official Plan, Municipality of Clarington's Official Plan, and the Former Town of Newcastle By-law 84-63. Mr. Fry concluded by summarizing the required approvals for the proposed development. Mr. Swerdfeger highlighted the planning and architectural justification for the project. He noted that, following the public meeting, a Justification Report was requested and this has been included in the Report PSD -061-15. Mr. Swerdfeger reviewed the proposed setback that they will be maintaining and added the sun shadow studies show that there are no impacts to the neighbouring properties at the prevalent times of day. He added that a proposed solution for the setbacks is to use a landscaping technique to assist with privacy. Mr. Swerdfeger continued by explaining that the privacy issues are addressed by not having external balconies and the roof amenity space will have further setbacks. He noted that they feel the upper floor setbacks on Beaver Street are not necessary and will cause further issues. Mr. Swerdfeger concluded by reviewing the symmetrical balance, materiality, and some photos of the proposed development's design. 8.3 Myno Van Dyke, Chair, Newcastle Village Community Improvement Plan Liaison Group, Regarding Report PSD -061-15, An Application by 564069 Ontario Inc. to Construct a 5 -Storey, Mixed -Use Building on Beaver Street South, Newcastle Myno Van Dyke, Chair, Newcastle Village Community Improvement Plan Liaison Group was present regarding Report PSD -061-15, An Application by 564069 Ontario Inc. to Construct a 5 -Storey, Mixed -Use Building on Beaver Street South, Newcastle. He made -3- 6-3 Planning and Development Committee Clad R-91-to-0Minutes December 7, 2015 a verbal presentation to accompany a handout. Mr. Van Dyke advised the Committee that the members of the Newcastle Village Community Improvement Plan Liaison Group support this project. He provided a history of the development of the properties in the area, which included "The Massey Plan". Mr. Van Dyke reviewed the Growth Plan for the Greater Golden Horseshoe that was released in 2006 and focused on revitalizing downtowns to become vibrant and convenient centres. He added that the Massey family had the same plan 165 years ago and believes that this type of project should be completed in the year 2015. Mr. Van Dyke concluded by noting that the Gyaltsan family have developed quality projects in Newcastle and are an active member of the community. He added that the Newcastle Village Community Improvement Plan fully supports this project. 8.4 Norm Gyaltsan, Gyaltsan Property Management Inc., Regarding Report PSD -061-15, An Application by 564069 Ontario Inc. to Construct a 5 -Storey, Mixed -Use Building on Beaver Street South, Newcastle Norm Gyaltsan, Gyaltsan Property Management, was present regarding Report PSD -061-15, An Application by 564069 Ontario Inc. to Construct a 5 -Storey, Mixed -Use Building on Beaver Street South, Newcastle. He made a verbal presentation to accompany a. handout. Mr. Gyaltsan thanked the Committee and reviewed the correspondence that was submitted prior to the meeting. He advised the Committee that they are satisfied with the recommendations in the Staff report, however they are concerned with items 6.16, 6.17, and Figure 2 (Step Back Diagram). He reviewed the reasons for objecting to these items which included: no direct benefit to the neighbour to the west, creation of the terrace will result in less privacy, destroying the architectural quality, and an increase in construction costs. Mr. Gyaltsan concluded by explaining that this project will assist with the viability of Newcastle and asked that the proposed three metre step back be deleted. 9 Communications - Receive for information. 9.1 Rooly Georgopoulos, Senior Project Manager, Stantec Consulting Inc. — Enbridge Gas Distribution Inc. — Proposed Pipelines to Serve the - Communities of Fenelon Falls and Bobcaygeon — Notice of Project Change and Information Sessions 9.2 Dolly Goyette, Director, Central Region, Ministry of the Environment and Climate Change — Response to Resolution #PD -031-15 Regarding Environmental Assessment Conditions and the Permit to Take Water for Hydro One's Clarington Transformer Station 9.3 Brad Bowness, Vice President, Construction Services, Hydro One — Follow Up to the Ministry of the Environment and Climate Change's Response, Dated November. 27, 2015, to the Municipality of Clarington's October 14, 2015, Resolution #PD -031-15 6-4 Planning and Development Committee cladfloon IVlinut December 7, 201515 Resolution #PD -071-15 Moved by Mayor Foster, seconded by Councillor Hooper That the Communication Items 9.1 to 9.3 be received for information, with the exception of Correspondence Item 9.3. Carried Resolution #PD -072-15 Moved by Mayor Neal, seconded by Councillor Cooke That the Communication Item 9.3 from Hydro One regarding a Follow Up to the Ministry of the Environment and Climate Change's Response, Dated November 27, 2015, to the Municipality of Clarington's October 14, 2015, Resolution #PD -031-15, be received for information. Carried Recess Resolution #PD -073-15 Moved by Mayor Foster, seconded by Councillor Partner That the Committee recess for 10 minutes. Carried The meeting reconvened at 8:27 PM. The foregoing Resolution #PD -072-15 was then put to a vote and carried. 10 Communications -- Direction 10.1 Kirk Kemp —Request for Street Naming Resolution #PD -074-15 Moved by Councillor Partner, seconded by Councillor Hooper That Communication Item *10. 1 from Kirk Kemp regarding a request for a'street naming, be referred to Staff and the two names be added to the municipal street log. Carried WE AM Planning and Development Committee ClarhMinutes December 7, 2015 10.2 Gyaltsan Property Management — Correspondence Regarding Report PSD -061-15, An Application by 564069 Ontario Inc. to Construct a 5 -Storey, Mixed -Use Building on Beaver Street South, Newcastle Resolution #PD -075-15 Moved by Councillor Neal, seconded by Mayor Foster That Communication Item 10.2 from Gyaltsan Property Management, regarding Report PSD -061-15, be referred to the consideration of Report PSD -061-15, An Application by 564069 Ontario Inc. to Construct a 5 -Storey, Mixed -Use Building on Beaver Street South, Newcastle. Carried 11 Presentations 11.1 Lorelei Jones, Principal, Macaulay Shiomi Howson Ltd. and Amy Burke, Senior Planner — Special Projects, Municipality of Clarington, Regarding Report PSD -060-15, Priority Green Clarington Green Development Framework and Implementation Plan Lorelei Jones, Principal, Macaulay Shiomi Howson Ltd. and Amy Burke, Senior Planner — Special Projects, Municipality of Clarington, were present regarding Report PSD -060-15, Priority Green Clarington Green Development Framework and Implementation Plan. They made a verbal presentation to accompany an electronic presentation. Ms. Burke provided an overview of the Priority Green Clarington Development Framework and Implementation Plan and reviewed the following: • Background and Drivers • The Vision for the Plan • The Approach and the Green Development Framework • Partners, Supporters and the Collaboration of Stakeholders • What Have We Heard and Key Messages Ms. Jones continued by providing an overview of the following: • Background • Lessons Learned • Regional Harmonization • Policy Framework • Criteria for the Plan • Expediting Approvals • Recommendations for Expediting Approvals • Other Incentives Reviewed • Other Potential Incentives for Further Review • Implementation -6- MW Planning and Development Committee li 4 TIL W1111 Minutes December 7, 2015 Ms. Burke concluded by summarizing the next steps for the implementation of the plan and advised that they are available to answer any questions from the Committee. 12 Planning Services Department Reports 12.1 PSD -059-15 Rezoning Applications to Permit 5 Single Detached Dwellings and 1 Linked Dwelling on Holyrod Drive in Courtice Resolution #PD -076-15 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD -059-15 be received; That the proposed applications. to amend Zoning By-law 84-63 by H & H Building Corporation (Valleymore Land Corp.) and LDB Holdings Ltd. continue to be processed including the preparation of a subsequent report, and That all interested parties listed in Report PSD -059-15 and any delegations be advised of Council's decision. Carried 12.2 PSD -060-15 An Application Priority Green Clarington Green Development Framework and Implementation Plan Resolution #PD -077-15 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD -060-15 be received; That Council endorse the green development framework described within the Priority Green Clarington: Green Development Framework and Implementation Plan (Attachment 1 to Report PSD -060-15); That Council authorize Staff to submit Attachment 1 and the related supporting studies to the Federation of Canadian Municipalities in accordance with the final report requirements of our Green Municipal Fund Grant Agreement; That Council authorize Staff to implement the 2016-2017 action plan contained in this report (Attachment 1., Section 7); That Council authorize Staff to apply for funding opportunities to support the action plan items, where identified; and That all interested parties listed in Report PSD -060-15 and any delegations be advised of Council's decision. Carried -7- 6-7 Clar-mogtoPlanning and Development Committee n Minutes 'December 7, 2015 12.3 PSD -061-15 An Application by 564069 Ontario Inc. to Construct a 5 - Storey, Mixed -Use Building on Beaver Street South, Newcastle Resolution #PD -078-15 Moved by Councillor Partner, seconded by Mayor Foster That Report PSD -061-15 be received; That Amendment 105 to the Clarington Official Plan, including amendments to the Newcastle Village Centre Secondary Plan, be approved to permit the development of a 5 -storey, mixed-use building, as contained in Attachment 1 to Report PSD -061-15, and the By-law adopting the Official Plan Amendment be passed; That the Zoning By-law Amendment application to permit the development of a 5 -storey mixed-use building, be approved as contained in Attachment 2 of Report PSD -061-15, with a revision to Table 16A.2 to delete the line on page 4 of the proposed by-law regarding the setback of the primary building fagade above the third storey; That the Newcastle Village Urban Design Guidelines be amended as applicable, including amendments to Maps 1 through 7, to include 49 and 63 Beaver Street South within the Historic Downtown District; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -061-15 and Council's decision; and That all interested parties listed in Report PSD -061-15 and any delegations be advised of Council's decision. Carried 13 New Business — Consideration 13.1 Clarington Hydro One Transformer Station Resolution #PD -079-15 Moved by Councillor Neal, seconded by Councillor Partner That Staff request a report from Steve Usher, SLR Consulting, to obtain his opinion for the reason for the contamination of the shallow wells near the Clarington Hydro One Transformer Station. Motion Referred (See following motion) M. ° Planning and Development Committee 5.Minutes vu December 7, 2015 Resolution #PD -080-15 Moved by Councillor Neal, seconded by Councillor Cooke That the above matter of a report regarding the contamination of shallow wells near the Clarington Hydro One Transformer Station be referred to Staff to provide a report on the estimated cost of a consultant's report regarding the general source of the contamination and cost of tritium testing/analysis. Carried 13.2 fumes of Lost Hamlets Resolution #PD -081-15 Moved by Councillor Partner, seconded by Mayor Foster That Staff be directed to prepare a report to have the Municipality be proactive in identifying the names of our lost hamlets and erecting appropriate signage to identify them and their history for all to see. Carried 14 Unfinished Business 14.1 Addendum 2 to Report PSD -45-15 Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment Building at 50 Martin Road in Bowmanville [Referred from the November 16, 2105 Planning and Development Committee Meeting] Resolution #PD -082-15 Moved by Councillor Hooper, seconded by Councillor Hooper That Report PSD -045-15 be received; That Addendum to Report PSD -045-15 be received; That Addendum 2 to Report PSD -045-15 be received; That the Zoning By-law Amendment application submitted by Zemer Holdings Ltd. be approved, as contained in Attachment 2 to Addendum Report PSD -045-15, with the following amendments: A. Delete subsection a. iii) (Maximum Yard Requirements) and renumber subsequent subsections accordingly Cldfigton- Planning and Development Committee _ Minutes December 7, 2015 B. Replace subsection 3 b) with the following: Construction and maintenance of a temporary sidewalk along the east side of Regional Road 57 from the subject site to Aspen Springs Drive if the development proceeds in advance of the signalization of Hartwell Avenue; That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, including a site plan agreement that provides for: a) A driveway location that aligns opposite to Hartwell Avenue, being the location of future traffic signals; b) Construction and maintenance of a temporary sidewalk along the east side of Regional Road 57 from the subject site to Aspen Springs Drive if the development proceeds in advance of the signalization of Hartwell Avenue; c) Dedication of lands east of the development area to allow for a future public pedestrian connection to Rhonda Park (approximately 0.6 hectares); d) Undertaking and implementing a scoped Environmental Impact Brief that addresses the proposed storm sewer connection and provides standard mitigation measures; and e) An appropriate design and provision of easements to facilitate shared access connection between the approved entrance and a minimum of four parcels to the north the By-law authorizing the removal of, the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Addendum 2 to Report PSD -045-15 and Council's decision; and That all interested parties listed in Addendum 2 to Report PSD -045-15 and any delegations be advised of Council's decision. Carried 15 Confidential Reports Where were no Confidential Reports scheduled under this _Section of the Agenda. -10- 1 Planning and Development Committee CA H B-1 Minutes 1 0®ecember 7, 201515 16 Adjournment Resolution #PD -083-15 Moved by Councillor. Partner, seconded by Councillor Neal That the meeting adjourn at. 10:14 PM. Chair Carried -11- Deputy Clerk 6-11 Public Meeting U - Report # PSD -001-1 6 (i: flaMunicipality of Clarington N0U,C'e- of u, bb d i paab"n A panel use change -has been proposed, have your say' The Municipality is seeking public comments before making a decision on an application to amend the Zoning. By-law. Heather Hoit has submitted a Compo ete Zoning By-iaw Amendment Appiication to rezone two existing pots'to permit the creation of an additionap detached dweiiincg pot with a 12 metro frontage and reduced front and side yard setbacks. Address 127 and 131 Elgin Street, Sowmraanvipie. The properties are on the east side of Eigin Street between 'Third & Fourth Streets. The proposed amendment, additional information and background studies are availabfe for review -at the Planning Services Department and on our website at clarington.net/developmentproposals 'Questoons? Please contact Bob Russell at 905-523-3378, eAtension 2421, or by email at r brussell(a_clarington.net. Speak at the Public Meeting: .Date: Monday, January 11, 2016 Time: 7:00 PM - Place: 40 Temperance Street, Bowmanville, ON i_1 C 3A6 Municipal ,administrative Centre Council Chambers Or write to the Planning Services Department to the attention of Bob Russell File number: ZBA2015-0024 (LD 055 & LD 056/20/5 Freedom of Wormat6®n 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. accesi,t6b6fltty if you have accessibility needs and require alternate formats of this document or other accommodations please contact the Clerk's Department at 905-623-3379, extension 2109. Appeal Requirements S �f 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, you will not be entitled to appeal the decision to the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to .do so. z7 David J. Crome, MCIP, RPP Director of Planning Services 4 December 2015 ,ufu1/� I I.JLu�1 Public Meeting Report # PSD -002-16 Municipality of Clarington No1oc 9. of IP ubH"C Ma -a flnq A hand use change. has been proposed, have -your says The Municipality is seeking public comments before making c decision: on an application � to amend the Zoning By-law, and for a proposed Plan of Subdivision. ILanarose Properties Ltd. is proposing four single detached dweiiungs on Bonaitlh®n Crescent and one Ibpock for fine townhouse units on a private lane which wiii front onto Green Road., The proposal will also allow the completion of Bonathon Crescent and permit the construction of nine single detached dwellings on Bonathon Crescent in addition to the proposed 4 lots and 5 townhouse units. The property is iocatedl on the west side of Green Road,•apoparo�dmateiy 200 metres south of Durham Highway 2 at 1554 Green Road in IBowmanviipe. The proposed zoning by-law ,amendment and draft plan -of subdivision are available for review at the "Manning Services Department. Questions? Please contact Cynthia Strike 905-523-3379, extension 2410, or by email at cstrikeCo)-clarinaton.net Speak at the Public Meeting: ®ate: Monday, January 11th, 2016 Time: 7:00 PM Mace: 40 Temperance Street, Bowmanville, ON 1-1 C 3A6 Municipal Administrative Centre Council Chambers Or write to the Planning Services Department to the attention of Cynthia Strike, Princioai Manner File Number: S -C 2015-0003 and ZBA 2015-0025 J I w Freedom of �nfdrm attion 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. Aci�cessibiDu y !f you have accessibility needs and require alternate formats of this document or other accommodations please contact the Clerk's Department at 905-623-3379, extension 2109. Appea0 Requirements if you do not speak at the pub .iic meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed, you will not be entitled to appeal the decision to the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before the Ontario Municipal Boprd unless, in the opinion of the Hoard, there are reasonable grounds to do to. David -J" C•ro, ne, MCiP, RPP Director of Planning Services November 20, 2015 *av*J p Planning Public Meeting Repoi If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: January 11, 2016 Report Number: PSD -001-16 Resolution Number: File Number: ZBA2015-0024 Dy -law Number: . Report Subject: An application by Heather Holt to permit one additional single detached dwelling by reductions in lot frontage and yard setback reauirements Recommendations: That Report PSD -001-16 be received; 2. That the proposed application for Rezoning ZBA2015-0024 continue to be processed including the preparation of a subsequent report; 3. That staff consider the public comments received in the further processing of the Zoning By-law Amendment application submitted by Heather Holt to permit one additional single detached dwelling by allowing reductions in lot frontage, and yard setbacks; and 4. That all interested parties listed in Report PSD -001-16 and any delegations be advised of Council's decision. 12-1 Municipality, of Clarington Report PSD -001-16 Page 2 Report Overview The Municipality is seeking public comments for an application it has received from Heather Holt. The applicant is proposing to amend the Zoning By-law to permit a reduction in lot frontage and yard setbacks to create one additional lot through Land Division Applications LD 055/2015 and LD 056/2015. 1. Application Details 1.1. Owner: Heather Holt 1.2. Applicant: Heather Holt 1.3. Proposal: to permit the creation of an additional lot through reductions in lot frontage and yard setbacks 1.4. Area: 1,692 square metres 1.5. Location: 127 & 131 Elgin Street, Bowmanville 1.6: Related Files: LD 055/2015 & LD 056/2015 1.7. Within Built Boundary: Yes 2. Background 2.1. On May 19, 2015, Planning Staff received two Land Division Applications to provide comments to the Regional Land Division Committee. LD 055/2015 proposed the severance of the north portion of 127 Elgin Street (south existing lot) and LD 056/2015 proposed the severance of the south portion of 131 Elgin Street (north existing lot). Melding the 2 severed parcels would create 1 additional single detached building lot. The comments from Planning Staff noted that the proposed lot frontages for the south lot and the new additional lot in the middle did not comply with the zone provisions. The land severances were not supported by staff and were considered premature. 2.2 On October 27, 2015, Planning staff received the current rezoning application and a Planning Justification Report, dated October 2015, prepared by D.G. Biddle & Associates. 12-2 Municipality of Clarington Report PSD -001-16 Figure 1; Plan of Proposed Severances Lord' Elgin Lord Elgrnn tre I Par for lndividual St dies } w MI C�w 711' ( CO Z C) 42.44 i5.85' n 6.36 1� 12.68 E: f i- • .� .ter I F- W LU C7 i 12-3 Municipality of Clarington Report PSD -001-16 3. Land Characteristics and Surrounding Uses 3.1 The subject properties and the surrounding properties are built out with low density housing. The Elgin Street lots between Third and Fourth Streets all have frontages of at least 13.3 metres with the exception of one 12.5 metre lot across the street from the subject properties. Figure 2: The two existing properties and vacant area between 4. Provincial Policy 4.1 Provincial Policy Statement The proposed realignment of property boundaries and the creation of one additional single detached building lot represent intensification within a settlement area and utilizing existing services. The proposal conforms to the Provincial Policy Statement. 4.2 Provincial Growth P 0 The creation of one additional single detached building lot is part of intensification within a settlement area and efficient use of land and existing services. The proposal conforms to the Growth Plan. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject properties Living Areas. The policies of the Plan generally promote infill and intensification. The ,proposed reduction of two existing lot frontages and subsequent creation of one additional single detached building lot conforms to the Durham Regional Official Plan. 12-4 Municipality of Clarington Report PSD -001 -16 building lot conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject properties Urban Residential — Low Density. The proposed realignment and subsequent creation of one additional single detached building lot conforms to the Clarington Official Plan. 6.1 Zoning By-law 84-63 zones the subject properties "Urban Residential Type One (R1)". The three lots to be created are as follows: e5 The proposed retained parcel on the north lot (131 Elgin Street) contains a semi- detached dwelling, which is paired with the lot to the north. It is a permitted use and complies with the required minimum lot frontage and lot area for a semi-detached lot. The south lot, (127 Elgin Street) would be severed to create a proposed retained parcel. It has a permitted use and the required minimum lot area. The 12.68 metre lot frontage is less than the required 15 metres. The frontage is at the low end of the range for the neighbourhood. The south lot has an interior side year setback of 4.33 metres which does not meet the minimum interior side yard setback of 4.5 metres. This will be part of the requested rezoning. The proposed middle or additional lot. is for a single dwelling, which is a permitted use and complies with the required minimum lot area. However, the 12.21 metre lot frontage is less than the required 15 metres. This frontage is at the low end of the range for the lots in the block. 6.2 There are 3 other deficiencies that legally exist already. The north lot and the south lot do not have a front yard setback that meets the required minimum of 4.5 metres to the dwelling given their setbacks are 4.34 metres and 3.98 metres, respectively. The south lot does not have on its south side the required minimum interior side yard setback of 1.2 metres, having only 0.78 metres. These legal non -conforming setbacks can be recognized through this rezoning but have no direct impact on the requested rezoning application. 7. Summary of Background Studies 7.1 Planning Justification Report The report notes the Proposal's conformity to Provincial Plans and the Durham and Clarington Official Plans. Regarding zoning, this report outlines that there are a number of lots on the west side of the street in the same block that do not achieve the minimum of 15 metres lot frontage. This lot frontage discussion does not go any further. The report states that the two existing and one proposed additional lot will be able to meet all of the other zoning regulations. It was further stated that the proposed lot frontages will not 12-5 Municipality of Clarington Report PSD -001-16 Page 6 create an adverse impact on the neighbouring properties and therefore, is appropriate from a planning perspective. 8. Public Notice and Submissions 8.1 Public notice will be mailed to each landowner within 120 metres of the subject property and a public meeting sign will be installed on the Elgin Street frontage in the area of the proposed additional lot. 8.2 One inquiry on the subject application was received at the time of writing this report. The individual phoned objecting to the above rezoning. He said the 2 subject properties were in poor condition and rentals. He believed increasing densities would cause traffic and parking problems. 9. Agency Comments 9.1 Veridian Connections provided eleven comments of a standard nature, appropriate to a single detached dwelling. 9.2 Comments have not been received from Regional Works, Regional Planning, the Public School Board, or the Separate School Board. 10. Departmental Comments 10.1 The Building Division requires a 1.2 metre minimum interior side yard setback for the two existing dwellings from any proposed property boundary. 10.2 The Engineering Services Department has no objection to the rezoning. For the related land divisions all concerns and conditions of the Department must be addressed prior to clearance letter issuance. 10.3 The Operations Department noted the normal parking requirements must be maintained for the additional residential lot. The availability of on -street parking and the ability of the Department to remove roadway snow must not be reduced. 11. Discussion 11.1 This is an older portion of Bowmanville constructed largely between 1910 and 1950. Most of the homes are bungalows or 1 Y2 storey homes. They are smaller homes on larger lots with depths between 39 and 45 metres. The homes were built prior to a Zoning By-law for Bowmanville and most homes do not meet zoning standards. 11.2 The Elgin Street lot frontages on both sides, between Third and Fourth Streets, are generally larger, particularly on the east side. Many of the lots on the west side have lot frontages comparable but slightly larger than the proposed lots but still non -conforming to the zoning lot frontage requirement of 15 metres. 12-6 Municipality of Clarington Report PS® -001-16 Page 7 11.3 The Provincial, Regional and Clarington Plans emphasize infill and intensification of urban and fully serviced areas such as this neighbourhood. This, however needs to be balanced with compatibility and structure. 12. Conclusion 12.1 The purpose of this report is to provide background information on the Proposal with its zoning regulation reductions, submitted by Heather Holt for the Public Meeting under the Planning Act, issues identified and comments received to date. Staff will continue processing the application including the preparation of a subsequent report upon receiving outstanding agency comments. 13.1 The recommendations contained in this report conform to the Strategic Plan. 12-7 Municipality of Clarington Resort PSD -001-16 Submitted by: Dav J. C me, MCIP, RPP Director of Planning Services Paqe 3 Reviewed bye: Franklin Wu, Chief Administrative Officer Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell ,clarington.net The following is a list of the interested parties to be notified of Council's decision: Heather Holt Michael Fry CP/BR/df/av It_ If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: January 11, 2016 Report Number: PSD -002-16 Resolution: File Number: IS -C 2015-0003, ZBA 2015-0025 By-law Number: Report Subject: An Application by Lanarose Properties Ltd. (The Kaitlin Group) to permit four single detached dwellings and one block for five townhouses in Bowmanville Recommendations: That Report PSD -002-16 be received; 2. That the applications for Draft Approved Plan of Subdivision and amendment to Zoning By-law 84-63, submitted by Lanarose Properties Ltd, to permit four single detached dwellings and one block for five townhouse units continue to be processed and that a subsequent report be prepared; and 3. . That all interested parties listed in Report PSD -002-16 and any delegations be advised of Council's decision. 12-9 Municipality of Clarington Report PSD -002-16 Page 2 Report Overview The Municipality is seeking public comments on the applications submitted by Lanarose Properties Ltd. proposing to permit four single detached units and one block for five townhouse units with a single access on Green Road. The subject site is approximately 200 metres south of the intersection of Durham Highway 2 and Green Road in Bowmanville. Development of these lands will also connect Bonathon Crescent and permit the development of an additional 9 single family dwellings on lots and blocks in two registered Plans of Subdivision. The proposal requires a Draft Plan of Subdivision and an amendment to the Zoning By-law 84-63. 1. Application Details 1.1 Owner: Terrance Kelsey and Phillis Dorene Kelsey 1.2 Applicant Lanarose Properties Ltd. 1.3 Proposal: Draft Plan of Subdivision four single detached dwellings and one block for five townhouse units with a single access. Zoning By-law Amendment: Change the current zoning on the lands from "Agricultural (A)" Zone to an appropriate zone to permit the proposed development. 1.4 Area: 0.4 hectares 1.5 Location: Approximately 200 metres .south of the intersection of Durham Highway 2 and Green Road, being 1654 Green Road, Part Lot 17, Concession 1, former Township of Darlington (see Photograph 1). 1.6 Within Built Boundary: Yes 12-10 Municipality of Clarington Report PSD -002-16 Figure 1: Subject site and surrounding use's ' W N(I 3 ORESI" a s% 7. Loblaws ,7 = Proposed Connection of Bonathon Crescent W J W LU y r.I N = ' Q _ D _- 4 fD a 7 A 9 Existing Lots for 9 Single Detached Dwellings i.- M a 2.. Background 2.1 On November 6, 2015, Lanarose Properties Ltd. (The Kaitlin Group) submitted applications for a Draft Plan of Subdivision and rezoning for four single detached dwellings and one block for five townhouse units with a single access onto Green Road. 2.2 The applicant was successful in purchasing the lands at 1654 Green Road. If approved, the draft plan will connect the northern and southern portions of Bonathon Crescent, and allow access to seven blocks in registered plan 40M-1907 and two lots in registered plan 40M-2140 in addition to the 4 lots in the new draft plan. The nine blocks in previously registered plans of subdivision are zoned to allow single detached dwellings. The townhouse block fronts onto Green Road and is similar to the townhouse units to the south, which consists of three blocks each with five townhouse units on a single private access road. 12-11 CONh'ORg C _ i; J, i j - -yr r'• I © ala F: � V ' l �o`� 'I'--, �. ®� Subject Site _ •_ Lot 1 s a . ,;j a 1 - Lit 2 5 Towchouse4 =' 2.. Background 2.1 On November 6, 2015, Lanarose Properties Ltd. (The Kaitlin Group) submitted applications for a Draft Plan of Subdivision and rezoning for four single detached dwellings and one block for five townhouse units with a single access onto Green Road. 2.2 The applicant was successful in purchasing the lands at 1654 Green Road. If approved, the draft plan will connect the northern and southern portions of Bonathon Crescent, and allow access to seven blocks in registered plan 40M-1907 and two lots in registered plan 40M-2140 in addition to the 4 lots in the new draft plan. The nine blocks in previously registered plans of subdivision are zoned to allow single detached dwellings. The townhouse block fronts onto Green Road and is similar to the townhouse units to the south, which consists of three blocks each with five townhouse units on a single private access road. 12-11 Municipality of Clarington Retort PS®=002=16 2.3 Studies Submitted The following studies have been submitted and currently under review. a Traffic Impact Brief; Phase One Environmental Site Assessment; a Noise Report; Site Servicing Report; Archeological Assessment, and Functional Servicing Plan 3e Land Characteristics and Surrounding Uses Page 4 3.1 The site gently slopes in a south-easterly direction. The one single detached dwelling and accessory building on situated on the property which will be demolished to accommodate the proposed development (see Figures 2 and 3). Figure 2: Southern portion of Bonathon Crescent facing north . - 12-12 Municipality of Clarington Report PSD -002-16 .Figure 3: Subject site - 1654 Green Road (Page 5 3.2 The surrounding uses are as follows:. North: 6 dwelling units currently under construction in registered plan -40M-2529 South: Townhouse units and two vacant lots in 40M-2125 East: Green Road and beyond that commercial West: Vacant blocks in registered plan 40M-1907, beyond that existing residential 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. New development shall occur adjacent to built up areas, taking advantage of existing and planned infrastructure, shall have compact form, and a mix of uses and densities.. 12-13 Municipality of clarirngton Report PSO-002-16 4.2 Provincial Growth Plan The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. Growth is to be accommodated in transit -supportive communities to reduce dependence on the automobile through the development of mixed use, pedestrian -friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. The proposed draft plan of subdivision is the logical completion Bonathon Crescent and infill on Green Road. The development allows for the efficient use of land, infrastructure and public services. The subject applications are consistent with the Provincial Policy Statement and the Growth Plan. i 411FM1,17 5.1 Durham Regional Official Plan The Durham Region Official Plan designates designates the subject lands as Living Area. Lands designated as_Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed development is permitted within the Living Area. 5.2 Clarington Official Plan 5.2.1 The Clarington Official Plan designates the subject lands are designated as Urban Residential., There is also a Medium Density Symbol in the vicinity of the proposed townhouse units. The lands are within the Darlington Green Neighbourhood, which has a population allocation of 3350 and a housing unit target of 1350 including 725 low density units, 375 medium density units, 125 high density units and 125 units for intensification. 5.2.2 The Low Density designation allows a density of 10 to 30 units per net hectare and the predominant form of housing is single and semi-detached units. Medium Density designation allows for 30 to 60 units per hectare and the predominant form of housing are townhouse, triplex/quadruplex and low rise apartments. 5.2.3 Green Road is a Type B Arterial. Type B Arterials are designed to move significant volumes of traffic at moderate speeds from one part of the municipality to another. Type B Arterial Roads shall have a right-of-way width ranging between 30 to 36 metres and have limited private accesses. One access to the five townhouse units will limit the number of access points. on Green Road. The extension of Bonathon Crescent, when complete will be a local road. 12-14 Muhicipalify of Clarington Report PSD -002-16 Page 7 6. Zoning By-law 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Agricultural (A)". A zoning by-law amendment will be required in order to implement the proposed Plan of Subdivision. 7. Public Notice and Submissions 7.1 A Notice of Public Meeting was given by mail to each landowner within 120 metres of the subject property and Public Meeting Notice signs were installed on the property in three locations including the north and south terminus of Bonathon Crescent and on Green Road. The signs were installed on December 7th, 2015. 7.2 As of the writing of this report, staff received one inquiry regarding the nature of the proposal. No concerns or objections were stated. Another inquiry was received from the landowner of the commercial lands to east offering no objection provided a warning clause is added to the Purchase and Sale Agreements,. advising of the possibility of future office/commercial development on the commercial parcel. 8. Agency Comments 8.1 Kawartha Pine Ridge District School Board has no objection to the proposal however requests sidewalks to link to existing sidewalks. 8.2 The Central Lake Ontario Conservation Authority are satisfied with the Functional Servicing and Stormwater Management Report and offered no objection to the proposal subject to the Conditions of Draft Approval. 8.3 Enbridge Gas has offered no objection. 8.4 Hydro One has offered no objection. 9. Departmental Comments 9.1 Engineering Services The Engineering Services Department has no objection to this proposal. However did offer the following comments. • The Lot Grading Plan to support the application is generally satisfactory. Further discussion will be required with respect to drainage from the rear yards and with respect to the platform for the future sidewalk. • The Functional Servicing and Stormwater Drainage Report satisfactorily provides for water, sanitary and storm sewer services on Bonathon Crescent (which all connect to.existing services to the north and to the south) and for the townhouses on Green 12-15 Municipality of Clarington Report PSD -002-16 Page 8 Road. The Engineering Services Department finds the report to be acceptable. The report demonstrates that this development is in compliance with the Westside Creek Master Drainage Plan in terms of drainage and stormwater quality and quantity. A Traffic Impact Brief assesses the impact of the development of the new lots on Bonathon Crescent on the surrounding road network as well as the impact of the development of the five townhouses on Green Road. The consultant concluded that "the increase in new traffic levels are still well within the"available capacity designed for Boswell Drive and Bonathon Crescent" and that the impact is "very minor". Further "the increase in new traffic levels on Green Road are still well within the available capacity designed for Green Road" and the impact of the townhouses on Green Road is "negligible". The On -Street Parking Plan is acceptable to Staff. A 5.00 metre road widening to be dedicated to the Municipality is required on Green Road. • The construction access for the subject development will be located on Green Road. Building permits will not be available for the townhouse block on Green Road until all construction on Bonathon Crescent is substantially complete. Any final decision regarding the timing for building permits shall be made solely at the discretion of the Director of Engineering Services. The applicant will be required to. provide an appropriate cash contribution in lieu of the normal parkland dedication. 10. Discussion 10.1 The proposed draft plan is a logical infill for this neighbourhood and will connect the road network and allow for development of blocks and lots in registered plans of subdivision in addition to the four new proposed single detached dwellings. All lots will have 12.0 metres of frontage which is consistent with the frontages on the southern portion of Bonathon Crescent. The townhouses units will be consistent with the townhouse development to the south. Each owner will have an easements to access each unit and for maintenance purposes. 10.2 In May 2013, draft plan of subdivision and rezoning for the lands immediately north of the subject site, now known as Connors Court were approved. Area residents were concerned with construction traffic on existing portions of Bonathon Crescent and Boswell Drive. During construction of Connors Court, staff made every effort to ensure there_ was minimal disruption to existing residents by routing construction traffic through Green Road. Only in certain circumstances, such as the installation of municipal services was construction traffic permitted to use Boswell Drive and existing portions of Bonathon Crescent. Should the proposal be approved, the same considerations will be made with respect to ensuring minimal disruption to existing residents during the construction process. 12-16 Municipality of Clarington Report PSD -00216 Page 9 11.1 The purpose of this report is to provide background information on the proposed draft plan of subdivision and rezoning submitted by Lanarose Properties Ltd. for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report. fib Not applicable. Submitted by: David . Crome, MCIP, RPP Director of Planning Services Reviewed b�, Y Franklin Wu, Chief Administrative Officer Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext: 2410 or cstri ke (c-), cl a ri n qto n . net The following is a list of the interested parties to be notified of Council's decision: Terrance Kelsey Phillis Dorene Kelsey Kelvin Whalen, Lanarose Properties Ltd. Michael Carswell, D.G. Biddle & Associates Robert Hann CS/CP/df 12-17 ReportPlanning Services If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of (meeting: January 11, 2016 Report Number: PSD -003-16 File Numbers: PLN 37.1.1, 37.2.1, 37.3.1, 37.4.1 Byelaw Number: NIA Report Subject: Community Improvement Annual Report for 2015 Recommendations: 1. That Report PSD -003-16 be received; 2. That Staff be authorized to commence a review of the Bowmanville, Newcastle and Orono Community Improvement programs with respect to their effectiveness, the area of coverage and potential improvements to effectively implement the overriding objective of ongoing revitalization .of historic downtown areas; and 3. That all interested parties listed in Report PSD -003-16 and any delegations be advised of Council's decision. 12-18 Municipality of Clarington Report PS® -003-16 Deport Overview The Bowmanville, Orono, and Newcastle grant programs under the Community Improvement Plan's continue to be an effective incentive for renewal of the downtowns. The Municipality has contributed $814,000 to community improvement grants and projects in the 4 urban area over the past 10 years ago. This year's grant funding for Newcastle was committed in the first half of the year. There is a growing concern amongst the Community Improvement Plan liaison groups regarding accessibility of older buildings and the costs of providing accessible services. 2 Council adopted Community Improvement Plans for Bowmanville and Orono in 2005, and Newcastle in 2008. The Courtice Community Improvement Study has been initiated; however, funding have been provided for the past 7 years for civic space (streetscape) improvements. The Community Improvement Plan's allow the Municipality to provide incentives to business and property owners within a specific geographical area and specific grant programs in each community according to its Plan. The business and property owners of the different Community Improvement Plan areas are notified via the municipal website, pre -consultations, counter inquiries and through word of mouth of the program. The three historic downtown Community Improvement Plans have liaison groups which meet on a quarterly basis. The liaison groups are apprised of any issues arising in the area and assist staff in spreading the word about the grant programs. The liaison groups provide feedback to staff on the effectiveness of the current grant programs and identify issues and concerns of business and property owners that have used or are looking to use the grant programs. 2. Community Improvement Initiatives 2.1. Grant Program There are general grant program rules applicable to all three Community Improvement Plan's. There are specific grants tailored to each downtown. The grant programs have been tailored to meet the specific opportunities and challenges of the different downtown areas. Grant funds are committed at the outset of a project and typically carry over to a subsequent year while the work is being completed. Grants are not released until the works are completed, inspected, the contractor paid and permits finalized. To be eligible, property owners must be current with their property tax payments. 12-19 Municipality of Clarington Report PSD -003-16 2.2. Community Improvement Updates (Attachment 1) Page 3 Orono — Three applications were received in 2015 and are underway and have or are nearing completion. Limited funds remain from previous years for Orono. Bowmanville — Two applications were received and work if being finalized on these grants. Funds are available for carry over. Newcastle — Two applications were received in 2015. 'All funding has. been earmarked for this and previous years, some grants have yet to be finalized and paid out. Courtice - The Community Improvement funds for Courtice are intended to improve the streetscape and the public realm. Banners and banner pole hardware installation occurred in 2015. 2.3. Community Improvement Funding To date the Municipality has provided funding of $758,000 for grants in the 3 downtowns. Community Improvement Plan grant monies are matched by the property owners or merchants on a 3:1 or 2:1 basis depending on the grant, some construction projects greatly exceed this ratio. Direct public benefit is realized from the increased municipal and private investments in the form of signage, building code upgrades (for example - accessibility) and fagade improvements for aging buildings in our central business areas. In many cases the grants are a very minor portion of the overall redevelopment and or reconstruction plan worth many thousands of dollars. It is conservatively estimated that the impact of providing grants has spurred well over $3 million in investment. In many cases, the Community Improvement Plan funds provide the necessary incentive to prompt an owner or merchant to invest in refreshing their store front and interior. 2.4. Accessibilitv An area of concern that the Community Improvement Plan liaison groups have identified to staff in the past two years is the issue of accessibility. There is a growing concern amongst business and property owners regarding accessibility requirements and the physical works required to make existing, buildings accessible. Many of the individual businesses have limited square footage in which they operate and are not currently accessible. With the implementation of accessibility legislation and a desire to allow all patrons to have entry into downtown businesses, merchants are looking for assistance. There is a concern that alterations are cost prohibitive or eliminate valuable floor space. Currently, these types of costs are considered under the Building Code grant; however the building code grant is not specifically targeted to accessibility projects and has had limited but highly successful uptake for accessibility. purposes. It is anticipated that there will be more demand for accessibility projects and related grants in all of the downtowns in the coming years. The liaison groups have expressed the need for additional funding for this type of project and suggested a grant specifically targeted to accessibility projects. In addition, merchants are interested in receiving assistance to determine how to make the necessary accommodations. 12-20 Municipality of Clarington Report PSD -003-16 Page 4 At the December 2nd meeting of the Accessibility Advisory Committee, the Committee having had a presentation regarding the improvements that have occurred to date for accessibility as part of the building code grants passed the following resolution: Whereas the Clarington Accessibility Advisory Committee recognizes the need to assist local businesses to make their establishments more accessible; Now therefore be it resolved that the Clarington Accessibility Advisory Committee recommend to Council that the Community Improvement Plans (CIPs) program be specifically targeted on accessibility related improvements; and That Council increase the budget for the CIPs to include these improvements. 2.5. Community Improvement Program Renewal 2015 was the tenth year of the Bowmanville and Orono. Community Improvement Plans, Newcastle is in its eighth year. While Clarington's Plans did not include sunset clauses as part of our best management practices review more recent plans include sunset clauses and provisions for review on 5 and 10 year anniversaries. It is appropriate, at this point in time, to review the plans and grant programs to determine if there are modifications that could be made to focus the improvements on specific elements, such as accessibility or ensuring the second story residential units are upgraded. for occupancy. Both of these items receive little attention but are integral to the usability and vibrancy of the downtowns. During 2016 staff will be reviewing our programs, looking to other municipalities and assisting the Clarington Board of Trade with the Business Retention and Expansion Study; plus preparing with our consultant the Courtice Community Improvement Plan. As a result of these tasks, modifications may be recommended for the existing Community Improvement Plans and grant programs with an anticipated completion in 2017. 3. Concurrence This report has been reviewed by the Accessibility Co-ordinator. 4, Conclusion There has been good response to the limited grant programs and Community Improvement Plan initiatives. There is ongoing demand for grants especially in Bowmanville and Newcastle, often funding is allocated in the first half of the year. Property and business owners are pleased with the grant programs and the services provided by the Municipality. There is a growing concern over changes that property owners or merchants will have to make in the coming years to make buildings more accessible. Staff will continue to monitor the effectiveness of the program and make recommendations for changes. A review of the three existing plans will be undertaken to,determine if modifications are necessary. 12-21 Municipality of Claming ton Report PSD -003-16 5. St � -�c• is PIS � A •� •�lic�tio � The recommendations contained in this report conform to the Strategic Plan's priority to "Facilitate the creation of jobs, attraction of new businesses and expansion of existing businesses". Submitted by: Reviewed vi . Crome, IVICIP, RPP Director of Planning Services o q� - by: Franklin Wu, Chief Administrative Officer Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler(@—clarington.net Attachment 1: Community Improvement Plan Summary Report 2015 The following is a list of the interested parties to be notified of Council's decision: Garth Gilpin, Coordinator, Bowmanville BIA Liaison groups for Bowmanville, Newcastle and Orono CIP's c/o Faye Langmaid Accessibility Advisory Committee c/o Jeanette Whynot BW/FL/sg/df 1-2-221 Attachment 1 to Municipality of Clarington Report PS® -003-16 Community Improvement Plan Summary Report 2015 Bowmanville: The non -capital funding provided to date for implementation of the Bowmanville Community Improvement Plan is $492,000. Just over $405,000 has been paid out in grants and 30,000 is committed and works are being finalized. There is funding of $57,000 available from prior years and a request in the 2016 budget for another $44,000. Twenty-five properties (many of them have multiple addresses) have received Community Improvement Plan grants. The grants have been for 32 facades, 13 building code, 13 building permits, 5 site plan fees and 6 reconstruction grants. 58 King Street West (Bowmanville Sports Shop) received a facade improvement grant in 2015 to replace the ground floor windows and to update the appearance of the facade to compliment upgrades done on 56 King Street West. The work was completed in the summer of 2015. 47-55 King Street West 47-55 King Street West received a facade improvement grant to undertake repairs to the accenting brickwork on the second floor of the building which was completed in the spring of 2015. 12-23 Newcastle: The non -capital funding provided to date for implementation of the Newcastle Community Improvement Plan is $174,000. Over $148,000 has been paid out in grants, with the remaining funds committed. The Newcastle CIP grants have been fully subscribed every year, Some projects are still pending completion such as the Walbridge House and Busters. The 2016 budget request is for $34,000. To date some 22 Properties have received Community Improvement Project grants in the form of 18 facade improvements, 9 signage grants, 7 building code grants (most related to accessibility), 3 site plan control fee and 1 building permit fee. Many properties have been the benefactors of more than one type of grant. 4 and 10 King Avenue East 4 and 10 King Street received a fapade grant for masonry repairs and for painting and lighting upgrades to the exterior of the building which were completed in the summer of 2015. 45 King Avenue West 45 King Avenue West (formerly Buster's) has been approved for a fagade improvement grant. The owner recently removed the siding and stucco that covered majority of the building revealing the original brick. Future plans will see the brick restored as part of the overall facade improvements. 12-24 Orono: The non -capital funding provided to date for implementation of the Orono Community Improvement Plan is $92,000. Over $65,000 has been paid out in grants. Currently, there is $10,000 earmarked for grants that are underway. In addition, funds were expended on the Orono 175th celebrations and the Orono Park 90th celebrations, brochures, hall rentals for meetings and refurbishment and replacement of the Sidney Rutherford Walk signs. There is approximately $2,000 remaining from prior years funds for potential 2016 grants and a request for $5,000 in the 2016 budget. To date some 21 properties have benefitted from the Community Improvement Project grants in the form of 13 facade improvements, 18 signage grants, 2 building code grants and an infill grant. Some properties have received more than one type of grant. 5310 Main Street 5310 Main Street 'received was approved for a .facade grant to undertake window and door replacements that were completed in the fall of 2015. 5331 Main Street 5331 Main Street received a signage grant for the new Orono General Store sign that was installed in the fall of 2015. 12-25 Courtice: The non -capital funding provided to date for Courtice is $56,000. The funding to date has been used for street trees along Highway 2 at Courtice Road, the Tooley Memorial, the lighting at the parkette at Trulls Road and Highway 2. The limited implementation of banners along Highway 2 from Centrefield to Townline Road. There is almost $20,000 remaining from prior years and 'a 2016 budget request of $5,000. Five proposals were received in response to the call for proposals for the Courtice Community Improvement Plan. The three highest scoring consulting teams were interviewed on December 14th and the Purchasing Division report on the results of the process was on the general Government Committee agenda of January 4, 2016 for award of the proposal call. 12-26' EY <- Phannin ervices Report If this information is required in' an alternate accessible format, please contact the Municipal Clerk.at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: January 11, 2016 Report Number: PSD -004-16 File Number: PLN 17.1.6 By-law Number: Report Subject: Environmental Stewardship, 2015 Annual Report Recommendation: 1. That Report PSD -004-16 be received for information. 12-27 Municipality or Clarington Report PSD -004-16 Report Overview Page 2 Council has provided annual funding for an. ongoing environmental stewardship program. The environmental stewardship program encourages private citizens and groups to carry out initiatives that improve municipal lands, such as valleylands and other natural areas. Since 2011, this program has expanded to restore tree -lined country roads. The benefits of the program go beyond the monetary value of the projects as they include increased tree canopy cover and wildlife habitat, climate change mitigation, community beautification, local history preservation, and community engagement through volunteerism. In 2015, 307 saplings were planted along. rural roads. In addition, the Municipality and Durham Region collaborated on a tree planting at Old Scugog Road adjacent to Regional Road 57. 1. Background Since 2002, Council has provided annual funding for an ongoing environmental stewardship program. When approving projects for funding, Staff review projects to ensure general public benefit, the municipal contribution is being matched by in-kind contributions (labour and/or materials), and that the project meets the long-term objectives of the Municipality. The purpose of this report is to inform Council of how the funds have been used in 2015. 1.1. Trees for Rural Roads In 2011, the Municipality of Clarington initiated the Trees for Rural Roads (TRR) program in partnership with Central Lake Ontario Region Conservation Authority and Ganaraska Region Conservation Authority. The goal of the program is to restore trees along country roads for the benefit of the environment, local communities and recreate the historical landscape or tree -lined roadways. Trees are offered free of charge to rural residents to be planted on private property adjacent to the roadways. Participants have their choice of native tree species including: sugar and red maples, white pine; white spruce, white birch, and red and white oak. Based on the initial success of the TRR program in 2012 it has offered annually. The TRR program is announced through articles in local newspapers, the Planning E -update and the municipal website. Applications were received by the March 31 deadline, and over 300 saplings were distributed and planted throughout Clarington (Attachment 1 — Map of the roadways planted to date). 12-28 Municipality of Clarington Rer)ort Ps® -004-16 Since 2013 the program has received funding from Maple Leaves Forever, a registered charity that advocates and supports the planting of native Canadian maples across the rural and urban landscape of southern Ontario. Native maples were subsidized at a rate of one third of the purchase price of the planting stock. KI During the summers, a feedback survey of TRR participants is undertaken. Feedback received helps improve the program for future years. Participants were very positive about the TRR and its goal. Overall survival rate this year appears to be in the 80% range on average with the silver maples being more susceptible to die off this year. All participants who responded indicated that they were pleased with the program, planting information and pickup location. Overall the response and satisfaction of rural residents with this program is very high. 1.2. Old Scuqoq and Regional Road 57 Late in 2013 we were contacted by residents on the cul-de-sac where Old Scugog runs parallel to Regional Road 57. Some street tree planting had occurred when the subdivision was built (circa 2000); however, the realignment and road work on Regional Road 57 plus the development of the Northglen subdivision provided impetus for the residents to request additional planting. The Region infilled with a number of spruce trees on their property and the Municipality provided funding for the installation of 6 maples on our road right of way. These plantings are in a location that when the road is shifted to the east they will not be impacted. 2. Concurrence Not applicable. 3. Conclusion There has been good response to the Environmental Stewardship Program in Clarington. Since 2002 over $70,000.00 has been invested in numerous projects; however, the value of the in-kind contributions is much more. The benefits of the program go well beyond the monetary value of the projects to include increased tree canopy cover and wildlife habitat, climate change mitigation, community beautification, local history preservation, and community engagement through volunteerism. 12-29 Municipality of Clarrington Report PSD -004-16 Paye 4 Clarington has "lead the way" with the TRR program which is being adopted by other local municipalities, such as Port Hope and Hamilton Township. Additional programs for the renewal of urban street trees is necessary to address the adverse effects of the Emerald Ash Borer, canopy damage from severe storms and climate change. In the 2016 budget a request for additional funds has been included as we are looking forward to the 150th anniversary of Canada in 2017. We would like to commemorate that milestone with a community initiative that would see the planting of a 150, maple trees as a grove on municipal lands. The recommendations contained in this report conform to the Strategic Plan to entrance our unique natural environment and promote resident engagement in our community. Submitted by: David "J'Crome, MCIP, RPP Director of Planning Services Reviewed by 111�tl- Franklin Wu, Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or. flangmaid@clarington.net Attachments: Attachment 1 — Trees for Rural Roads Map of Plantings for 2012 - 2015 List of interested parties to be notified of Council's decision is on file in the Planning Services Department. DJC/FL/sg 12-30 Ccntrul b •1 I i -'� '�'_ I I.' �{.��i�`1�.1` `.' -�ILI I ! fl�l `J Luke Omurio J III 1I Trees for Rura0 G®ads�,rl.°".r,�„r,,, 4 I I 1 J I 0' 15 ter” �' I 511 --� ,'ll �I - --`_".—}_•-f I 2012 - 2��On 9 I `I� I` t � t, r- 4 I � al^ --I � .: I I �'I I !� � �.! I 1 ' I 1 LlY'!"'�r.L• I- Q �.. -T —� __ I I f 11 r I ~��.^ I I ' vl �' LIS �d_ I �� I � % ,•V r\ -! • : I- r I- —^j, I n w .I �� J•.- Via.. ,� I - � � �.I_ _ � . LS T s✓ i J - j Fj 177 • 1 I r• I :4 - 1'I I y r '..� _ - -� _ 3�. ,Jt. III - - - I r-•I-�.. 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I f �_��Sr I �iw•t I- - 4' I I 3I-- I� y-� � '' I x _ Lake Ontario Kilometres I C9e h UO O T Z� ��1771 LIf9711 Planning Services Report If this information is required 'in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: January 11, 2016 Report Number: PSD -005-16 File Number: PLN 34.2.24.1 By-law Number: Report Subject: Heritage Incentive Grant, 2015 Annual Report Recommendations: 1. That Report PSD -005-16 be received for information. 12-32 Municipality of Clarington Report PSD -005-16 Report Overview e2 The intention of the Heritage Incentive Grant Program is to assist owners with properties designated under Part IV and V of the Ontario Heritage Act (2005) with financing the cost of repairs and restoration of a designated heritage property. The program has been in existence since 2013 and in 2015 three projects were funded. 1. Background The Heritage Incentive Grant Program was established to assist properties designated under the Ontario Heritage Act (2005), with financing the cost of repairs and restoration. Designated heritage resources generally contain older and uncommon features which can make them more costly to maintain and repair. The purpose of this report is to inform Council of how the funds for this program were spent in 2015. Any funds remaining in the Heritage Incentive Grant account accrue and are to be allocated in future years. 2. Grants Notification and application requests are sent to designated property owners early in the year with an application submission date of late May. Grants are determined based on the number of qualifying applications and how the work will enhance the designated heritage features. Grants may cover up to 50% of the costs of the eligible work per building to a maximum of $2000 for exterior work and/or $1000 for interior work, with a maximum of $3000 per property owner. The property must also not be currently in receipt of other grants or tax incentives from the Municipality and have no outstanding property taxes. 2.1. 2015 Grants Following notification of property owners, a number of inquiries were received and applications from three designated. properties were submitted for funding. Funding (in the range of 20-25% of the project value) was awarded to three designated properties. Works included: • stained glass window repair and protection, • roofing and dormer repair, and • replacement of deteriorating wood/reconstruction of balcony railings and spindles. Two of the projects, have been completed with one project still in progress. There are funds from 2015 to be carried over, there was discussion with a fourth property owner who did not proceed with works at this time. 3. Concurrence Not Applicable 12-33 Municipality of Clarington Report PSD -005-16 i - � e3 There has been good response to the Heritage Incentive Grant Program. Grants generate approximately four times their dollar value in improvements to designated heritage buildings in Clarington. To date the Municipality has provided $16,000 in grants and the value of the works carried out, to date have been in excess of $55,000. The grants provide an incentive to designated property owners to take on projects that help protect and maintain Clarington's built heritage. Response from designated heritage property owners has been extremely positive. The recommendations contained in this report conform_ to the Strategic Plan's priority to "Demonstrate good governance and value for the tax dollar". Submitted by: DaVid ,,Crome, MCIP, RPP Director of Planning Services Reviewed Franklin Wu, Chief Administrative Officer Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler(a-clarington.net List of interested parties to be notified of Council's decision is on file in the Planning Services Department. FL/BW/df 12-34 am_ Planning Services If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: January 11, 2016 Report Number: PSD -006-16 Resolution Number: File Number: A2015-0044 By-law Number: Report Subject: Appeal to the Ontario Municipal Board of a Decision of the Committee of Adjustment of November 5, 2015 Recommendations: 1. That Report PSD -006-16 be received; and 2. That Council concurs with the decision of the Committee of Adjustment made on November 5, 2015 for Application A2015-0044 and that staff be authorized to appear before the Ontario Municipal Board to defend the decision of the Committee of Adjustment. 12--35 Municipality of Clarington Report PSD -006-16 Page 2 Report Overview Staff are seeking Council's authorization to appear before a hearing of the Ontario Municipal Board to defend the Committee of Adjustment's decision to deny an application for a minor variance to Zoning By-law 2005-109. 1. Application Details 1.1. Owner: Mr. Terrence Timmins 1.2. Applicant: 1.3. Agent: 1.4. Proposal: 1.5. Area: 1.6. Location: 2. Background D.G. Biddle & Associates Ltd. Mr. Michael Fry To legalize an existing accessory building by allowing for: • human habitation; • an increased maximum permitted height from 5 metres to 7.54 metres; and • an increased maximum permitted total floor area from 120 square metres to 234.39 square metres. 57.87 hectares 7700 Brown Road Part Lot 35, Concession 7 Former Township of Clarke 2.1 On June 30, 2015, Mr. Michael Fry of D.G Biddle Ltd., on behalf of Mr. Terrence Timmins, submitted an application for a minor variance to Zoning By-law 2005-109 to legalize an existing accessory building at Mr. Timmins' property located at 7700 Brown Road in the Former Township of Clarke. The minor variance application sought relief from the By-law to permit human habitation in the accessory building, to increase the maximum permitted height from 5 metres to 7.54 metres and to increase the maximum permitted floor area in an accessory building from 120 square metres to 234.39 square metres. 2.2 The accessory building as proposed, is for a pool house, however, building plans submitted with the minor variance application shows that it is equipped with four washrooms, a separate fridge/freezer room, a theatre room, recreation room and two change rooms/reading rooms over 3 finished floors. A staff site visit revealed that the building also includes kitchen cabinets and counters. 2.3 The accessory building was constructed without a building permit. No application has been made for a building permit; only for the minor variance application. On June 3, 2015, the Chief Building Official issued an Order to Comply under the Ontario Building Code to cease further construction and to obtain a building permit. W-AMIN Municipality of Clarington Report PS® -006-16 Page 3 2.4 The application for Minor Variance was heard by the Committee of Adjustment at two separate meetings. At the first meeting held on July 16, 2015, Staff recommended denial of the variance based on the Zoning By-law provision requiring accessory buildings to be "incidental, subordinate and exclusively devoted to the principle building, structure or use located on the same lot". Additionally, the By-law provides that "an accessory building or structure shall not be used for human habitation". The size of the building is 234.39 square metres (2,523 square feet); this exceeds the Zoning By-law requirements by 114.39 square metres or 95 percent. It also exceeds the height requirements by 2.54 metres. The applicant had requested a tabling of the application to a future meeting in order to have an opportunity to speak to staff regarding alternatives. The Committee approved the request for tabling. Figure 1: View of existing accessory building from the side and rear Figure 2: Existing accessory building showing fire place and covered seating area 12-37 Municipality of Clarington Resort PSD -006-16 Figure 3: View of the main floor interior of the existing accessory building Page 4 2.5 Staff subsequently contacted the applicant on two occasions to encourage a meeting to discuss the proposal. The applicant did not make themselves available to meet with staff and eventually requested that the application be heard with no changes from the initial proposal. The Committee approved staff's recommendations at the November 5, 2015 meeting and the application was denied. 2.6 The applicant appealed the decision of the Committee of Adjustment to the Ontario Municipal Board on November 23, 2015. 2.7 In the first week of December 2015, the Chief Building Official charged the applicant, under the Ontario Building Code, for building a structure without a building permit. 3. Discussion 3.1 Staff recommended a denial of the Minor Variance application as it did not to fulfill the intent of the Official Plan and Zoning By-law and was not minor in nature. Given that the accessory building has facilities that could enable human habitation in addition to the substantial increase to the size of the building in floor area and height over what is permitted in the By=law, staff were of the opinion that it could reasonably function as a second dwelling on the lot and was not accessory to the principal use on the property. 3.2 The applicant appealed the Committee's decision on the basis that the applicant disagreed with staff's interpretation that the building would function as a habitable dwelling and that the proposal did in fact meet the intent of the Official Plan and -Zoning By-law and was minor in nature and desirable, largely because of the large rural lot on which it is situated. 12-38 Municipality of Clarington Report PSD -006-16 4. Purpose ®f Report Page 5 4.1 The purpose of this report is to seek Council's authorization to enable staff to attend a hearing of the Ontario Municipal Board to defend the Committee of Adjustment's decision to deny an application for a minor.variance. 5. Strategic Plan Application Not applicable. Submitted by: Dfvi. Crome, MCIP, RPP Director of Planning Services Reviewed by()C�—: Franklin Wu, Chief Administrative Officer Staff Contact: David Addington, Planner I, 905-623-3379 ext. 2419 or daddington(aD-clarin.gton.net DA/C P/S N/df The following is a list of the interested parties to be notified of Council's decision: Michael Fry Terrence Timmins Paul Allore, Chair of Committee of Adjustment 12-39 Planning Com;'C es" Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: January 11, 2016 Report Number: PSD -007-16 Resolution Number: File Number: S -C-2014-0001 and ZBA2014-0004 By-law Number: Report Subject: Applications by South Bowmanville ltd. for proposed Draft Plan of Subdivision and Rezoning to permit 60 single detached dwellings Recommendations: 1. That Report PSD -007-16 be received; 2. That the application for Draft Plan of Subdivision S -C-2014-0001 submitted by Weston Consulting on behalf of South Bowmanville Ltd. be supported subject to conditions as contained in Attachment 2 to Report PSD -007-16; 3. That the Zoning By-law Amendment application submitted by South Bowmanville Ltd. be approved as contained in Attachment 3 to Report PSD -007-16; 4. 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; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -007-16 and Council's decision; and 6. That all interested parties listed in Report PSD -007-16 and any delegations be advised of Council's decision. 12-40 Municipality of Clarington Report PSD -007-16 Page 2 Report Overview A 60 unit plan of subdivision is proposed on the west side of West Scugog Lane, near the intersection of Mill Lane, just south of the Durham Christian High School. The lands are currently designated for Urban Residential development in the Clarington Official Plan, the valleylands surrounding Bowmanville Creek are designated for Environmental Protection and are proposed to be dedicated to the Municipality. 1 e Application Details 1.1. Owner: South Bowmanville Ltd. 1.2. Applicant: Weston Consulting Group 1.3. Proposal: Proposed Draft Plan of Subdivision: The proposed plan of subdivision includes: • 60 lots for single detached dwellings • 2 blocks for 3.63 ha of valleyland open space • 1 block for servicing corridor / walkway. Rezoning: To rezone the lands from "Urban Residential Type One (R1)" and "Holding—Urban Residential Type One ((H) R1)" to appropriate zones to permit the uses presented in the proposed draft plan of subdivision. The Open Space blocks will remain within the existing and expanded "Environmental Protection (EP)" zone, the limits of which have been specified through the results of an Environmental Impact Study. 1.4. Area: 1.5. Location: 1.6 Within Built Boundary: 12-41 7.668 hectares The subject lands are located on the west side of West Scugog Lane near the intersection with Mill Lane, just south of the Durham Christian High School, and are described as being within Part of Lots 13 and 14, Concession 2, Bowmanville. No cD "D 0 0 cn m Municipality of Claringtkon Report PSD -007-16 Page 4 20 Background 2.1 On February 28, 2014 Staff received an application to amend Zoning By-law 84-63 along with an application requesting approval of a Draft Plan of Subdivision for the development of 65 single detached dwellings. The application was incomplete at the time as a Phase I Environmental Site Assessment had not been submitted. It was submitted on April 25, 2014, completing the application. 2.2 To address technical comments provided by Staff and the Central Lake Ontario Conservation Authority, the applicant prepared 4 additional submissions which resulted in a reduction in the number of single detached dwellings from 65 to 60. 2.3 The applicant has submitted the following studies and reports in support of their proposal which are described in Section 7: • Environmental Impact Study • Functional Servicing and Stormwater Management Report • Soil Investigation and Slope Stability Study • Noise Study • Planning Justification Report • Stage 1 and 2 Archaeological Assessment • Traffic Impact Brief • Tree Identification and Protection Plan • Environmental Sustainability Plan • Phase 1 Environmental Site Assessment • Phase 2 Environmental Site Assessment 2.4 Land Characteristics and Surrounding Uses The surrounding uses are as follows: North: Durham Christian High School South: Residential East: Residential West: Bowmanville Creek and associated valleylands 12-43 Municipality of Clarington' Report PSD -007-16 Page 5 Figure 2: Site Location ra+_,421Chnsha a a ( i. �i School t �� C Via, � '♦ .a1 I - t '� Durham C nsttan. may°;' y ' ra Htgh'School' Subject Site 3 � d �� St Stephens t. F Al'Secondary' ! x i School ' MILL E41 Z13A 2014.0004 7# � �� } :., '��• to 4 3. Provincial Policy 3.1. Provincial Policy Statement The Provincial Policy Statement encourages planning authorities to create healthy liveable and safe communities by accommodating an appropriate range and mix of residential, employment, recreation, park and open space; and other uses to meet long term needs. The most relevant policies relating to this application can be summarized as follows: • New development in settlement areas shall have a compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and, public services. • A full range and mix of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area.. • A full range of built and natural settings for recreation including parks, open space areas, trails and linkages are'to be provided. • Planning for infrastructure and public service facilities must be efficient and cost effective while considering climate change impacts • Development and site alteration shall not be permitted in significant valleylands and woodlands. Development adjacent to natural heritage features must demonstrate 12-44 Municipality of Clarington Report PSD -007-16 Page 6 that there will be no negative impacts on the natural features or their ecological functions. Development shall be directed to areas outside of hazardous lands adjacent to rivers which are impacted by flooding and erosion. The applicant has demonstrated consistency with the Provincial Policy Statement. 3.2. Provincial Growth Plan The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options,. high quality open space, and access to stores and services. Growth is to be accommodated in transit -supportive communities to reduce dependence on the automobile through the development of mixed use, pedestrian -friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. Municipalities should establish an urban open space system within built up areas. The subject lands are identified as Greenfield area, and outside of the Built-up area. In greenfield areas, growth is to make efficient use of services and infrastructure and be compact and transit -supportive. Reducing dependence on the automobile through the development of mixed use, pedestrian -friendly environments contributes to achieving complete communities.. The Growth Plan requires municipalities to achieve a minimum density target that is not less than 50 residents and jobs combined per hectare in the designated greenfield area and is measured across the Region of Durham. The proposal is consistent with the Growth Plan. 4. Official Plans 4.1. Durham Regional Official Plan The subject property is designated "Living Areas" and "Major Open Space Areas" in the Regional Official Plan. Lands located within the "Living Areas" designation are predominantly to be used for housing purposes. Lands designated "Major Open Space Areas" within urban areas are predominantly to be used for conservation purposes. Key Natural Heritage and Hydrologic Features on and adjacent to the site require the completion of'an Environmental Impact Study for development in proximity to features. 4.2. Clarington Official Plan . The Clarington Official Plan designates the subject lands as Urban Residential. The lands associated with the Bowmanville Creek are designated Environmental Protection Area. The lands -are within the Knox Neighbourhood, which has a population allocation of 5350 and a housing target of 1950, 1350 of which are for low density units. 12-45 Municipality of Clarington Resort PSD-OO7-16 The Environmental Protection Area designation reflects the location of the Bowmanville Creek and valleylands along the west side of the property. Significant woodlands are also present on the subject lands. An Environmental Impact Study was prepared giving consideration to both features. New development in established neighbourhoods is to be designed to respect and reinforce the physical character having regard to the pattern of lots, streets and blocks, the size and configuration of lots, building types of nearby properties, the height and scale of buildings and the setback of buildings from the street, rear and side yards. y Zoning By-law 84-63 zones the subject lands "Urban Residential Type One (R1)", "Holding Urban Residential Type One ((H) R1)" and "Environmental Protection (EP)". A Zoning By-law amendment is required to implement the proposed amendment to draft approval. 6. Summary of Background Studies 6.1 Planning Justification Report The Planning Justification Report and subsequent addendums indicates that the proposal will facilitate the development of the subject lands for residential and complimentary open space uses consistent with the applicable planning policies. The Growth Plan requires a minimum density target of not less than 50 residents and jobs combined per hectare within the designated Greenfield area across Durham Region. The proposed density of the proposal is 15.1 units per hectare and approximately 45 people and jobs per ha. The report recognized that there are other areas within Bowmanville, Clarington and the Region of Durham which are to achieve an overall density above 50 residents and jobs combined helping to achieve the balance of areas with lower densities. The proposed residential development on the subject property conforms to and does not conflict with the Growth Plan. The proposal'also conforms to applicable Provincial, Regional and Municipal policies. 6.2 Phase 1 and 2 Environmental Site Assessments The Phase 1 Environmental Site Assessment concluded that a Phase 2 Environmental Site Assessment is required to evaluate the risk of soil or groundwater impact from the historical use of the property as an orchard. The records relating to the former Jackman Road Dump (Anderson's Waste Disposal Site) were assessed since it is within 250 metres of the subject lands. It was determined that because the former Jackman Road Dump is down gradient from the proposed development it is not considered an area of potential environmental concern. The Phase 2 Environmental Site Assessment concluded that based on observations, information collected and the present land use, there is a low level of concern from an environmental perspective. The property is suitable for the proposal and no further assessment or investigation is warranted. 12-46 Municipality of Clarington Report PSD -007-16 Page 8 6.3 Functional Servicing and Stormwater Management Report Existing sanitary, watermain and stormwater systems can accommodate the proposed development. 6.4 Stage 1 and 2 Archaeological Assessment No archaeological material or sites were located during the course of the archaeological assessment of the property. No further archaeological assessment is required. 6.5 Traffic Impact Brief The proposed development traffic impacts are minimal and can be accommodated without triggering any physical road improvements to the adjacent road network. 6.6 Environmental Noise Assessment The Environmental Noise Assessment recommended the provision for adding air conditioning for the lots that flank West Scugog Lane. Warning clauses are also recommended for the 8 lots closest to West Scugog Lane to address traffic noise. 6.7 Soil Investigation and Slope Stability Study The slope stability study determined the Long Term Stable Top of Slope location which combined with the results of the Environmental Impact Study determined the development limits along the Bowmanville Creek Valley. The study informed the Functional Servicing and Stormwater Management Report to restrict surface sheet flow and concentrated flows from draining onto the valley slope, minimizing degradation of the slope due to surface water erosion. There are numerous geotechnical recommendations that will inform the detailed Engineering Design of the site. 6.8 Environmental Impact Study The Environmental Impact Study determined an appropriate buffer to the significant woodland which combined with the Long Term Stable Top of Slope determines the development limits for the proposal. The study concluded that there will be no significant impact on the Environmental Protection Area, significant woodland or the significant valleyland provided the mitigation measures and recommendations are implemented. Among other items, the study recommends installation of a chain link fence on the rear of the lots without gated access to the adjacent valleylands; production of a homeowners guide to educate future residents about the significance of the valley features; and the requirement for a planting plan consisting of native tree and shrub species within the open space block area in the vicinity of the proposed lots. 6.9 Tree Identification and Protection Plan The Tree Identification and Protection Plan prepared by Jody Steiger had been revised based on the advice of Urban Forest Innovations Inc. retained by the Municipality to Peer Review the original report. The plan recommends the removal of trees that are 12-47 Municipality of Clarington Resort PSD -007-16 either situated too close to proposed roads or development features, are in poor condition, or have been infested with the emerald ash borer beetle. The trees to be removed that are in good condition are proposed to be replaced at a ratio of 2:1 for a total of 58 new trees. 7. Public Submissions 7.1 A Public Meeting was held on January 4, 2015. Public Notice was given by mail to each landowner within 120 metres and a public meeting notice was installed on each street frontage of the subject property. 7.2 On September 30, 2015 a Public Information Centre was held to introduce the revised proposal to residents, and to gather additional input from the public. Approximately 20 residents attended, 4 of which provided detailed comments. 7.3 Through submissions, delegations at the January 12, 2015 Council Meeting, and comments collected at the Public Information Centre residents have expressed the following concerns: • Access to the valley prior to, and after development. • Loss of recreational use (well worn path to ravine, dog walking, tobogganing). • Loss/disruption of wildlife habitat. • Damage to and removal of trees, due to the installation of a silt fence which also disrupted phone, cable and alarm systems. • Tree protection hoarding installed on neighbouring property, grass was removed. • Removal of quality trees. • Trees damaged in previous storms located in proposed Open Space Block have fallen onto eaves trough and there are trees leaning over buildings on adjacent property. • The silt fence should be removed until construction begins to provide access to the valley. It is also viewed as an eyesore. • Encroachment of a shed at 306 West Scugog Lane. • New houses surrounding existing property on 3 sides not providing enough distance between homes. • Privacy and security of existing residential lots, cost of fencing. • Fencing between the lots and the Durham Christian High School. • View into existing yards. Proposed road adjacent to rear yard means that people will see down into yard and have access to yard. Increased traffic; pollution and noise immediately behind property with no buffer between the proposed road. • Traffic, parking, nuisance of lights exiting Street A shining into home on the opposite side of West Scugog Lane. • Parking spilling onto Mill Lane which is narrow and concern access would be blocked. • Concern the change in elevation and drainage will affect wells, septic systems and basements on Mill Lane. 12-48 Municipality of Clarington Report PSD -007-16 Page 10 • Fitting with the character on Mill Lane and the proposed widening of Mill.Lane which is a narrow Lane that would not accommodate additional traffic. or sidewalks. • Affect on property value. • Concern with overall growth and development in Bowmanville. These comments are addressed in section 10 — Discussion. 8. Agency Comments 8.1 Region of Durham Planning and Economic Development Department In previous comments, the Region encouraged municipal staff ensure that the overall density of the Neighbourhood Planning Area is being satisfied with respect to the minimum density requirements of the Regional Official Plan and the Provincial Growth Plan. The Region reviewed the revised Phase 1 and 2 Environmental Site Assessments. The Phase 1 Environmental Site Assessment identified areas of potential environmental concern and potentially contaminating activities on the site, as it was historically used as an orchard. Further environmental work was undertaken and the Phase 2 Environmental Site Assessment concluded that the site is suitable for residential development. The Region is also in receipt of a signed Reliance Letter and Certificate of Insurance which is acceptable to the Region. A Record of Site Condition is not required. The Region will require, as a condition of draft approval, that the appropriate excerpts of the Noise Report be included in the Municipality of Clarington's subdivision agreement. Subject to conditions provided, the Region has no objection to draft approval of the plan. 8.2 Central Lake Ontario Conservation Authority The Central Lake Ontario Conservation Authority has advised that all reports and drawings submitted present sufficient information with regards to the development constraints (hazard lands and natural heritage features), site grading & servicing and overland drainage in order for the Central Lake Ontario Conservation Authority to issue conditions of draft approval. Through detailed design, the Conservation Authority will require site specific information such as stormwater management, grading, drainage, servicing and erosion and sediment controls. Although there are items that will need to be addressed, it is staff's opinion that these items can be addressed through engineering submission to fulfil the conditions of draft approval. 8.3 Kawartha Pine Ridge District School Board The School Board indicated that pupils generated by the proposal will attend Charles Bowman Public School (K-8) and Bowmanville High School (9-12). 12-49 Municipality of Clarington Report PSD -007-16 8.4 Utilities and Canada Post 11 Bell Canada, Enbridge Gas, Veridian, Rogers Cable and Canada Post offered no objections and provided standard conditions for inclusion in the subdivision agreement. 9.1 Emergency and Fire Services No fire safety concerns were identified. 9.2 Operations Services The applicant will be required to have a certified arborist review the conditions on Block 61 Open Space and prune any branches or remove any trees that are diseased, in decline, or dead prior to dedication of the lands to the Municipality. Discussions with Engineering Services were held regarding the creation of a servicing block on the northern portion of lots 53 and 57 and it was agreed to the associated maintenance requirements of the walkway. 9.3 Engineerinq Services The Engineering Services department supports the approval of this proposal. The applicant will be required to revise the plan to include a servicing block for an overland flow route on the northern portion of lots 53 and 57. The block will also include water and sanitary services and a 1.5 metre walkway connecting Street `B" to Mill Lane. The Soil Investigation and Slope Stability Study has been reviewed and accepted. The findings and recommendations will need to be incorporated into the Detailed Design phase of the project. Aside from a minor edit which has been provided to the applicant, no concerns were raised with the Functional Servicing and Stormwater Management Report. The applicant provided an expanded analysis in their Traffic Impact Brief Addendum which is acceptable. 10. Discussion 10.1 Policy Conformity Through addendums to the Planning Justification Report, the applicant has demonstrated consistency with the 201.4 Provincial Policy Statement and conformity with the Growth Plan and regional and municipal policies. The Planning Justification Report reviewed the Land Use and Neighbourhood maps for the Bowmanville Urban Area in the Clarington Official Plan to enhance discussion on the housing mix that is 12-50 Municipality of Clarington Report PSD -007-16 Page 12 provided in the area surrounding the proposed development. Although the proposal consists of only single detached homes, there are locations identified for medium density within the Knox neighbourhood south of the proposal at Scugog Street and Longworth Avenues and north of the lands at Concession Road 3 and Regional Road 57. It was recognized that the proposal will not achieve 50 residents and jobs per hectare, however, as the target is measured across the entire designated Greenfield areas for the Region, there would be adequate areas designated to achieve densities above the target that balance areas with lower densities. The lower density proposal will provide for an appropriate transition of built form and uses to the existing low density development surrounding the site.. 10.2 Design and Layout The applicant has adjusted the configurations of the lots for a more regular pattern. For lots that have shallow depths, siting plans and lot area calculations were provided to demonstrate that a dwelling could be sited without the need for additional minor variances to the proposed zoning in the future. A minor edit to a provision to specify the maximum garage width of 4 metres applies to lots with frontages less than 11.3 metres is proposed (see Attachment 3). At the suggestion of the Engineering Services Department, the applicant eliminated a proposed cul-de-sac that was proposed on the east side of the plan in the area where Mill Lane intersects with West Scugog Lane. This provided for a better lot pattern and the reduction in roadway infrastructure, while maintaining the same number of lots. The lots that front onto Mill Lane were increased in size to provide frontages which are consistent with existing lots on Mill Lane. The proposed conditions of draft approval contained in Attachment 2 requires the servicing corridor (see Figure 1) to be conveyed as a block to the Municipality that will also include a 1.5 metre walkway connection between Mill Lane and the proposed Street that is parallel to Mill Lane. The revised layout has also resulted in a reduction of the number of lots that abut existing lots on West Scugog Lane and Mill Lane from 9 to 5. As is normally the case between neighbours, a fence can be constructed with costs being shared by neighbors to address privacy concerns. 10.3 Open Space Residents had expressed that they have been enjoying the applicant's property for informal recreational use and access to the Bowmanville Creek Valley over the years and are concerned that the access will be restricted by the development. The applicant had installed silt fence in the vicinity of the development limits during December 2014 which temporarily blocks access to the valley. The applicant has indicated that the silt fencing, which has been damaged and needs to be replaced, can be removed pending the timing of approvals and on-site works. The Open Space Blocks which are the white areas within the development limits (see Figure 1) will be transferred to the Municipality. These lands will be zoned Environmental Protection to recognize the environmental attributes identified by the Environmental Impact Study and Slope Stability Analysis. These lands will not be 12-51 Municipality of Clarington Report PSD -007-16 e13 formally programmed for parks purposes; however residents will not be restricted in accessing these areas for passive recreational use where they front on the proposed public streets. The proposed Official Plan and the proposed Clarington Transportation Master Plan, identifies a trail that will connect to the existing trail in the Bowmaville Creek Valley, installed as part of the Valley 2000 project. The trail will travel through the balance of the valley lands north of downtown Bowmanville through the area of the proposed subdivision and beyond the Bowmanville Urban Area. Both plans are subject to Council approval. This development will dedicate to the Municipality the lands for a future trail location. 10.4 Wildlife Habitat The Environmental Impact Study and subsequent addendums indicate that development of the property will not have a significant impact of the environmental protection area of the subject property and adjacent lands including the significant woodland or significant valley lands. The Open Space Block, portions of which had been farmed, will benefit from additional native plantings which will assist in the naturalization of the former agricultural field. 10.5 Drainage Residents noted a concern that the change in elevation and drainage will affect wells, septics and basements on Mill Lane. The Stormwater Management Report demonstrates that the post development drainage will match the pre -development drainage patterns. The existing storm drainage is conveyed overland to either Bowmanville Creek or towards existing West Scugog Lane. The proposed development will include a storm sewer to convey minor storm events via Scugog Street to the Jackman Storm Water Management Facility before discharging to the Bowmanville Creek. Major flows will be conveyed through the new road network, overland to West Scugog Lane to the intersection of Scugog Street and Longworth. This proposal will remove the overland flow, which currently drains into the rear yards of the lots on Mill Lane. Both the Engineering Services Department and Central Lake Ontario Conservation Authority are satisfied with the proposed grading and drainage plans. 10.6 Traffic and Parkinq The proposed development contemplates 60 lots, which will not have a significant impact on parking or traffic along adjacent streets. As stated in the Traffic Impact Brief, the proposed traffic volumes anticipated to be generated by the subject development can be accommodated by the existing road network with acceptable levels of service and minimal delays. A local road connection (Street A) will not create unacceptable levels of impact for the dwellings on West Scugog. A Parking Plan was provided that meets the Municipality's requirements for on -street parking. The applicant has also agreed to withdraw their request to reduce the number of outdoor parking spaces from 2 to 1. 12-52 Municipality of Clarington Report PSD -007-16 10.7 Tree Preservation 12-53 e14 The Tree Identification and Protection Plan recommended removing all trees that have been damaged and/or are a threat to damaging adjacent property and fences which should alleviate concern by one resident that indicated trees from the proposed Open Space Block had affected his eaves troughs and were leaning over other structures on his property. A condition requiring assessment of the trees in the Open Space Block is included in the Conditions of Draft Approval (Attachment 2). Trees that are damaged, in decline or are dead will require trimming or removal based on the advice of a certified Arborist. The Tree Identification and Protection Plan documented all trees that are required to be removed for construction and are dead or in poor condition. This plan was modified based on the advice of a Peer Review consultant retained by the Municipality. Of the 60 trees recommended for removal, 26 were identified as being in poor condition. There are 29 trees identified as being in good or fair condition proposed for removal. The Arborist has recommended that a compensation for the removal of good and fair trees be replaced at a ratio of 2:1, which results in 58 new trees. The conditions of approval will require the preparation of a planting plan that will detail where the compensation trees. will be planted. Another condition relating to the requirement for an Environmental Sustainability. Plan requires the inclusion of a shade tree or the provision for a voucher from a local nursery to allow the new home owner to acquire a shade tree. Staff has questioned the need to remove good and fair trees in the vicinity of Lot 58 that fronts onto Mill Lane. A proposed condition of draft approval has been included that requires the preparation of an enlarged preservation plan for the lot that will limit the driveway width to 6 metres, employ alternative construction techniques, and siting of the house to preserve as many of the boulevard trees as possible. In December 2014, the applicant installed a silt fence which involved trenching around the perimeter of the proposed development limits. Unfortunately the trench was in close proximity to the base of a number of trees on site and had severed roots. The applicant was asked to prepare a Tree Remediation Plan as it had not yet been determined which trees could be removed and which ones had to be preserved. Once the Tree Remediation Plan was reviewed and accepted by Planning, Engineering, the Central Lake Ontario Conservation Authority, and the Peer Review Consultant, the applicant was authorized to complete the recommended remediation works which involved: • Cleanly cutting exposed roots • Covering exposed roots with native soil • Applying mulch • Aerating soils damaged by machinery • Irrigation • Testing soils to determine if there are any nutrient deficiencies and fertilizing accordingly. Municipality of Clarington Report PSD -007-16 Page 15 These works were completed in the early fall of this year. Hoarding had been installed around a tree at the south east corner of 306 West Scugog Lane through this process the grass was also removed. The applicant was asked to reinstate the grass which is now complete. 10.8 In order to address the encroachment of a shed roof from 306 West Scugog Lane, the applicant has agreed to create a block that will be transferred to the property Owner through the registration of the plan of subdivision. This requirement is contained in the proposed Conditions of Draft Approval (Attachment 2). 10.9 The applicant has provided concurrence with the attached Conditions of Draft Approval. 10.10 Taxes payable to the Municipality of Clarington are currently up to date. 11. Concurrence Not Applicable 12. Conclusion In consideration of the findings of all supporting studies, comments received from circulated departments and agencies, submissions from area residents, and review of the proposal, staff recommends support of the Conditions of Draft Approval (Attachment 2) and approval of the Zoning By-law (Attachment 3). 13. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan Submitted by: Da id . Crome, MCIP, RPP Director of Planning Services e %a Reviewed by:"�� Franklin Wu, Chief Administrative Officer Staff Contact: Tracey Webster, Senior Planner, 905-623-3379 ext. 2415 or twebster .clarington.net Attachments: Attachment 1: Proposed Draft Plan of Subdivision Attachment 2: Conditions of Draft Approval Attachment 3: Zoning By-law Amendment The list of interested parties is available in the Planning Services Department. CP/TW/df 12-54 004rspar-- C) rp Space A - Pon Spare LtV i wm —w w -�,• `tF_ Sit DRAFT PLAN OF SUBDIVISION PARTOFLOTS I A.Mt4 —SSION2 4" R MUNICIPAUTY OP CiARINCTOX AEG 10114,U muml CIPAW TY 0p, DvRwal. -C WESTON CONSULTING & wtj 1:3 -Wall -1 0 h 0 ;v CD -0 > 0 -1. % liA ch os CD ort4 rl 0 L I I I I D8 -1 0 h 0 ;v CD -0 > 0 -1. % liA ch os CD ort4 rl 0 Attachment 2 to Municipality of Clarington Report PSD -007-16 CONDITIONS OF DRAFT APPROVAL FILE NO.: S -C-2014-0001 DATE: December 9, 2015 Part 1 - PLAN IDENTIFICATION The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C-2014-0001 prepared by Weston Consulting identified as file number 6040 (drawing D8), dated February 12, 2014, revised September 23, 2015, which illustrates 60 lots for single detached dwellings, 2 blocks for Open Space and blocks for road widenings. The redline revisions are: 1. The Municipality requires a servicing corridor for the overland flow route to be designated as a block. The block is to include the water, sanitary, storm and overland flow services; and a 1.5 metre sidewalk. The width of the block can be less than the entire width of the easement to account for adequate setbacks for lot 53. The design of the block is subject to the approval of the Municipality of Clarington and the Region of Durham. 2. The Owner is to provide a block to be dedicated to the owner of 306 West Scugog Lane to accommodate a shed encroachment. 3. Straighten the front lot line of Lot 32 and include a block.for a 0.3 metre reserve adjacent of the rear lot line of 46 Mill Lane. Part 2 — GENERAL 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at https://www clarington net/en/do-business/resources/application- forms/subdivision-agreement.pdf 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. 12-56 Architectural Control 2.4 (1) The Owner shall be 10q% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, dust control and road damage. After registration of a subdivision agreement, the provisions of the Municipality's Soil Management Plan contained in the standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3 - FINAL PLAN REQUIREMENTS 3.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Street `A' (b) Street `B'. 12-57 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings • A 3 metre road widening across the entire frontage of West Scugog Lane shown as Block 63 on the draft plan. • AA metre road widening across the entire frontage of Mill Lane shown as Block 64. (b) Servicing Corridor as described in redline revision 1.- (c) :(c) Easements • An easement over the Block subject to redline revision 1 on the draft plan. (e) Reserves • A 0.3 metre reserve shown as Blocks 65 and 66 on the draft plan. • A 0.3 metres reserve as described in redline revision 3. (f) Open Space Lands as shown in Blocks 61 and 62 on the draft plan. 3.3 The Owner shall transfer to the Owner of 306 West Scugog Lane, the block described in redline revision 2. PLANS AND REPORTS REQUIRED PRIOR TO SUBDIVISION' AGREEMENT/FINAL PLAN REGISTRATION 4.1 The Owner shall submit the following plans and report or revisions thereof: Tree Preservation Plan (1) The Owner shall submit an update to the Tree Identification and Protection Plan Prepared by Jody Steiger, dated October 11, 2015 based on the preliminary -lot grading plan to the satisfaction of the Director of Engineering Services and the Director of Planning Services. The plan must include an enlarged plan for lot 58 which must be sited to preserve as many of the good and fair trees along the Mill Lane boulevard as possible. The driveway for this lot is to be limited to 0 metres maximum width; the use of alternative construction techniques must be employed; and the house must be sited in a manner to save as many of the boulevard trees as possible. No trees shall be removed until the Director of Engineering Services issues an Authorization to Commence. Planting Plan (2) The Owner shall submit a planting plan for the Open Space Block 61 prepared by a qualified landscape architect to the satisfaction of the Director of Engineering Services, Director of Planning Services and the Central Lake Ontario Conservation Authority. The plan must include the replacement trees recommended by the revised Tree Identification and Protection Plan. The plan,shall use only native species of trees, shrubs 12-58 and herbaceous plants and be designed to include only species indigenous to the local area. The Open Space Block is to be treated in a manner that will require no/limited future maintenance. Phasing Plan (3) The Owner shall submit plans showing the proposed phasing to the Municipality and the Region for review and approval if this subdivision is tc be developed by more than one registration. The Phasing Plan must show how the roads and associated infrastructure within each phase are intended to connect to subsequent phases of development, including the provision of temporary or transitional works such as temporary turning circles, external easements for temporary turning circles, and associated frozen lots. The Phasing Plan must also show any impacts of the temporary or transitional works such as earth fill, earth cut, retaining walls, grading or other necessary works required to accommodate the temporary or transitional work. The Municipality shall require the preparation of a subdivision agreement for each phase of development. Noise Report (4) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region,. for review and approval, an updated noise report, based on the preliminary noise report entitled Environmental Noise Assessment prepared by YCA Engineering Limited, dated February 19, 2014 Project No. Y1335 and the addendum dated September 2015. Functional Servicing (5) The Owner shall submit an updated Functional Servicing and Stormwater Management Report satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation Authority. Appendix E must include all addendums to the "Soil Investigation and Slope Stability Study" prepared by Soil Engineers Ltd. Soil Investigation and Slope Stability Study (6) The Owner shall submit an update of the "Soil Investigation and Slope Stability Study" satisfactory to the Director of Engineering Services and the Central Lake Ontario Conservation Authority. The Engineer that prepared the Study must provide a letter confirming that the Functional Servicing and Stormwater Management Report, and the Soils Management Plan conform to the recommendations contained within the "Soil Investigation and Slope Stability Study" and subsequent addendums. Community Theme Plan (7) The Owner shall submit a "Community Theme Plan" to the Director of Planning services and Director of Engineering Services for approval. Such plan shall include design concepts for a community theme including gateway treatments, landscape treatments, lighting fixtures, fencing details 12-59 and related design issues for the overall design, location and configuration of trails and open space buffers. All Engineering Drawings shall conform with the approved Community Theme Plan. Environmental Sustainability Plan (8) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan, prepared by Cassidy & Co. Architectural Technologists Inc., dated October 15, 2015, to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non- toxic, environmentally sustainable materials and finishes. The plan shall include the location of a shade tree, or provision for a voucher from a local nursery to allow the purchaser to acquire a shade tree to provide passive solar gain during the various seasons. Soils Management Plan (9) Prior to final registration, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. The Owner shall comply with all aspects of the approved Soils Management Plan, The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Part 5 —SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT Environmental Impact Study 5.1 The Owner agrees to implement the following recommendations contained in the Final Environmental Impact Study prepared by Niblett Environmental Associates Inc., dated November 2014, and subsequent addendum dated February 17, 2015: 1) A heavy duty,silt and snow fence be installed *and maintained along the development limit (10 m setback from dripline and property line, prior to any site preparation activities. 2) The silt fence be regularly inspected and maintained as necessary until works are completed and the soil stabilized with vegetation. 3) Grading of the site and removal or addition of fill be restricted to the area outside the setback fencing and the 10 m woodland buffer. Functioning sediment control measures must be in place prior to and during the 12-60 construction phase, and remain in place until all bare or exposed soils have become stabilized (i.e. vegetated). 4) Prior to any land clearing, a sediment and erosion control plan shall be prepared for the site preparation, construction and post construction period to prevent negative impacts on the watershed. 5) No stockpiles, brush, stumps or other construction materials or vehicles are permitted outside the developable area. 6) Schedule grading to avoid times of high runoff volumes (spring and fall). 7) Obtain relevant permits from Central Lake Ontario Conservation and MNR. 8) No refueling of vehicles or storage tanks be located within the buffer zones. 9) Time clearing of vegetation outside of the May 1st -July 31st timing window for breeding birds as per Environment Canada guidelines. 10) A planting plan for the buffer should be prepared by a qualified landscape architect. The plan should use only native species of trees, shrubs and herbaceous plants and be designed to include only species indigenous to the local area. A native upland meadow seed mix be applied to the buffer area, where necessary as part of the landscape plan. 11) A permanent chain link fence be installed on the rear of the lots without gated access to the adjacent valleylands, as per municipal requirements and it is further recommended that a homeowner's environmental guide be prepared which discusses the significance of the valley feature. 12) Topsoil stockpile be located a minimum of 50 m from the top of bank and be surrounded by silt fencing. 13) To protect the fish community of Bowmanville Creek we recommend the adherence to the Environmental Protection Area designation outlined in Schedule 3 (Bowmanville) Zoning By -Law 84-63 Map 3G, (MoC, 2012). Parkland 5.2 The Owner shall pay the Municipality an amount in lieu of conveying .land for park or other public recreational purposes under section 5.1. of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents 5% of the lands included in the draft plan and shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision S -C-2014- 0001. 12-61 Noise Attenuation 5.3 (1) The Owner shall implement the noise attenuation measures recommended in the noise report entitled Environmental Noise Assessment prepared by YCA Engineering. Limited and dated February 19, 2014, the addendum 'dated September 29, 2015 (the "Noise Report"), and any updated as required in Section 4.1(4). (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic'engineer has certified that the plans for the building are in accordance with the Noise Report, Existing Structures 5.4 The Owner shall obtain demolition permit(s) to remove all existing buildings and structures from the Lands, unless such buildings or structures are to be preserved for heritage purposes. Sidewalks 5.5 (1) The Owner shall construct a platform to receive a future municipal sidewalk on the west side of West Scugog Lane across the frontage of this development to the satisfaction of the Director of Engineering. (2) The Owner shall construct a 1.5 metre sidewalk through the servicing corridor identified in redline revision 1. Open Space Block 5.6 The Owner shall retain a certified arborist to review the condition of Open Space Block 61 and prune any branches or remove any trees that are diseased or dead prior to the dedication of the Open Space Blocks to the Municipality of Clarington. Fencing 5.7 The Owner shall install along all residential lot lines that are common with the Durham Christian High School property, a 1.8 metre high with 50 mm wire mesh consisting of 6 gauge black vinyl over 9 gauge galvanized chain link fence that is situated 150 mm within the school site. The 1.8 metre high black vinyl coated galvanized chain link fence may be a lower height only if required to comply with the Municipality's Zoning By-law and Standard Drawing C-507. The chain link fence shall be installed by the Owner simultaneously with the topsoil and sodding of the abutting residential lots having the .common lot line with the Durham Christian High School property. 12-62 Part 6 — AGENCY CONDITIONS 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (4) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision.and installation of sanitary sewers, water supply, roads and other regional services. (5) The Owner shall carry out an Archaeological assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Tourism and Culture. No grading or other soil disturbance shall take place on the subject property prior to a clearance letter from the Ministry of Tourism and Culture. 6.2 Conservation Authority (1) Prior to any on-site grading or construction or final approval of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: (a) The intended means of controlling and conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines; (b) The intended means of providing water quality treatment for the site in accordance with provincial guidelines; (c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and -after construction, in accordance with the provincial guidelines. The report must outline all actions to be taken to 12-63 prevent an increase in the concentration of solids in any water body as a result of on-site or other related works; and (d) Details on the types and use of Low Impact Development (LID) measures to be implemented within the development to assist in reducing stormwater runoff and encouraging infiltration. (2) That, the Open Space Blocks 61 and 62 be designated with a protective zoning and be dedicated to the Municipality of Clarington. (3) That, the owner shall submit for review and approval to the Central Lake Ontario Conservation Authority and the Municipality of Clarington, a Landscape 1 Restoration Plan for the Open Space Block 61. The landscaping plan will be implemented as part of the development of the site and will consist of native non- invasive species. (4) That the owner shall install 1.5 m high 6 gauge black vinyl coated with 9 gauge galvanized chain link non -gated fencing to meet Standard Drawing C-507 along the boundary of the Open Space Block 61, where the boundary is adjacent to residential lots, to the satisfaction of'the Central Lake Ontario Conservation Authority and the Municipality of Clarington. (5) That, the Owner agrees to implement all recommendations contained within the `Environmental Impact Study' completed by Niblett Environmental Associates Inc., dated November 2014 and the Addendum documents dated February 17, 2015 and May 29, 2015 be incorporated into the design of the development. (6) That, the Owner agrees to implement all recommendations contained within the `Soil Investigation and Slope Stability Study' completed by Soil Engineers Ltd., dated January 2014 and the Addendum documents dated May 29, 2014, December 5, 2014, February 4, 2015 and June 24, 2015 . (7) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. (8) The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a. The Owner agrees to carry out the works referred to in Condition 6.2 (1), (2), (3),. (4), (5) and (6) to the satisfaction of the Central Lake Ontario Conservation Authority. b. The Owner agrees to maintain all stormwater and erosion and sediment control structures*and measures operating in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario, Conservation Authority. 12-64 c. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on-site works. 6.3 Canada Post Corporation (1) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision 'Lands and the provision of community mailbox locations, as follows: (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. (c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes, The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a.Community_ Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable):. i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 6.4 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed 12-65 easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative.. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Engineering Services. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7 — STANDARD NOTICES AND WARNINGS 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: Noise Report (1) The Owner shall include the'following notice in the Agreements of Purchase and Sale for. Lots 1-5, 57, 58 and 60: Purchasers are advised that sound levels due to increasing road traffic and adjacent schools may occasionally interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment's noise criteria. (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 1 and 60: . This dwelling unit has been fitted with a forced air heating system and the ducting etc. was sized to accommodate central air conditioning. Installation of central air conditioning. by the occupant will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. (Note; The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MOE publication NPC -216, Residential Air Conditioning -Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property). Schools Purchasers and tenants of lots 1 to 16 inclusive, are notified of the location of a school on adjacent lands and such school activity may give rise to noise and traffic. Chain Link Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 1 to 16: Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent school. This fencing is located on the school land and will be maintained by the school after the developer has been released from any further responsibility for the fence. Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision. Part 8 - CLEARANCE 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning Services shall be advised in writing by, (a) the Region how Conditions 1, 2.2, 4.1(3), 4.1(4), 5.3, 6.1' and 7.3 have been satisfied; and (b) the Central Lake Ontario Conservation Authority, how Condition 6.2 has been satisfied; Part 9 - NOTES TO DRAFT APPROVAL 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to .final approval. 9.3 If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to, be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. 12-67 Attachment 3 to Municipality of Clarington PS® -007-16 Corporation of the Municipality of Clarington By-law 2016-. being a By-law to amend By-law 84-63 Whereas the.Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, for ZBA 2014-0004; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: By-law 84-63 is amended as set out in Sections 2 through 4 of this By-law. 2. By adding the following to Section 12.4.71: "Special Yard Regulations h) . Bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 3.0 metre, but in no instance shall be interior side yard be reduced below 0.6 metres." 3. Section 13.4.57 g. ii) is replaced as .follows: "The outside width of the garage shall be.a maximum of 4 metres for lots with frontage less than 11.3 metres" 4. Schedule '3' to By-law 84-63, as amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R1-71) Zone"; "Urban Residential Type One (R1) Zone" and "Holding- Urban Residential Type One ((H)R1) Zone" to "Holding - Urban Residential Exception ((H)R2-54) Zone"; "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Urban Residential Exception ((H)R2-55) Zone"; "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding.- Urban Residential Exception ((H)R2-57) Zone"; and 12-68 "Holding Urban Residential Type One ((H)R1) Zone" to "Environmental Protection (EP) Zone"; as illustrated on the attached Schedule W. 4. This By-law shall come into effect on the date of its passage, subject to the provisions of Section 34 of the.Planning Act. By -Law passed in open session this day of , 2016 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 12-69 This is Schedule "A" to By-law 2016® , passed this day of , 2016 A.D. � 047 03 0 tie,9tie,0 0 4p 034 �O 33 'L 0 O F�Cr 0335 O 331 O 29 O 58 62 0 0 0 32 0 32 31 �� •"s L ry,.1"1 �;' :' ; �� 317 0 313 ;...••,� �, t, , 0 311 0 307 b.4tV. yU MI IN., t ` q'til ' Vl. tr1 IY4,��lir: `a��:Y�� 'guns. „y.�.0 V•A �, , N+' '•. �4y,, .v{v iv' �'tro ", �,';•LY. ,.5, �vn,4Nv,n" , 306 0 ryY' ivY u4.�Mt ,.l'ry u`�ry ,vW a r'vM�Yr. 'vt,N�.L,4 M'� v'Y. Y!Y.�•iv�'' "'v�•r� 1'v. Y1�•.i'V,vV' 4.'V of t;lLv '.Yi• 46 C O ,ea, f S, I aY . 40- t' t,�Y,.•r .v. •,. t•y "` lug O v4 f, att 141 , 'VY. n W ',a vk y'"^•'U.'N V yl'.r �' 36 �.y, 0 �.•.,Y}IY v,��'ry rill Y:V i� sM rM1yW ,�W"t 32 O v. •, a: ,v � . w aw,v - aYt'v 'vv ' '� —,,•vr Zoning Change From "R1" To "(H)R1-71" Zoning Change From "RI" And "(H)R1" To "(H)R2-54" ® Zoning Change From "(H)R1" To "(H)R2-55" ® Zoning Change From "(H)R1" To "(H)R2-57" Zoning Change From "(H)R1" To TP" • ZBA 2014-0004.• Schedule 3 C. Anne Greentree, Municipal Clerk Adrian Foster, Mayor C. Planning Services Report If this information is. required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Fleeting: January 11, 2016 Report Number: PSD -008-16 Resolution: File Number: PLN 26.14.1 By -lav Number: Report Subject: Clarington Transformer Station — Additional Professional Services Recommendations: 1. That Report PSD -008-16 be received; and 2. That all interested parties listed in Report PSD -008-16 and any delegations be advised of Council's decision. 12-71 Municipality of Clarington Report PSD -006-16 Page 2 Report Overview Council requested a costing estimate for additional work relating to private wells and tritium testing from the peer review hydrogeologist for the Surface and Groundwater monitoring program being carried out by Hydro One on the Clarington Transformer Site and surrounding area. 1.1 At the December 7th, 2015 Planning and Development Committee meeting, the following Resolution #PD -079-15 was referred to Staff to provide a report on the estimated costs of a consultant's report regarding the general source of the contamination and cost of tritium testing/analysis: That Staff request a report from Steve. Usher, SLR Consulting, to obtain his opinion for the reason for the contamination of the shallow wells near the Clarington Hydro One Transformer Station. 1.2 The Minister of Environment approved the Environmental Assessment for the Clarington Transformer project in January of 2014. To address ongoing concerns from community members and residents, Hydro One proposed to Clarington to fund a peer review of their Surface and Groundwater monitoring program. Council accepted and Mr. Steven Usher of SLR Consulting (Canada) Ltd. was retained as the peer review consultant. 2. Peer Review Findings in relation to Private Wells 2.1 In October 2015, Mr. Steven Usher of SLR Consulting (Canada) Ltd. provided his peer review on the information generated by Hydro One and their consultant Stantec in relation to the Surface and Ground Water Monitoring Program. The peer review included information from all parties, including Hydro One, Stantec, G360 Group, Enniskillen Environmental Association, the Conservation Authority, Clarington, the Ministry of Environment and Climate Change and the Oak Ridges Moraine Coalition YPDT-CAMC. 2.2 Drilling of the deep borehole in November 2014 confirmed the absence of a shallow sand lens at location MW5-14 at the western perimeter of the Hydro One Clarington Transformer Site. However, below the east half of the site, extending to the other side of the watershed divide and further downgradient east from the divide, a sand lens exists and hosts local private wells that are part of the monitoring program. SLR maintains that this sand lense is likely the Mackinaw layer; Hydro One maintain that it is not continuous. 2.3 The reason private wells in the Farewell Creek Watershed were included as part of the private well monitoring program is an evolution of the original program. At the first Clarington Community Liaison Committee (CLC) meeting on June 5, 2014, residents expressed an interest in having the private well monitoring program expanded from its initial scope, which targeted only well owners adjacent to the Clarington Transformer Station site. In recognition of the concerns raised by 12-72 Municipality of Clarington Report PSD -008-16 Page 3 private well owners located further afield, Hydro One accepted this request and extended the scope of the program to include interested residents within an approximate 1,200 metre radius from the property boundary of Hydro One lands where the Clarington Transformer Station is located. 2.4 As part of the peer review presented in October 2015, SLR concluded that the presence of a strong groundwater divide exists at surface and depth between the site and the closest Mackinaw wells in the Farewell Creek tributary near Langmaid Road. Further, it concluded the private wells are not at risk from the Transformer construction site, ongoing monitoring will continue. 2.5 Individual residents have allowed Hydro One/Stantec access to their properties for the private well monitoring program and the results are provided directly to the residents. We have been informed that some private wells experienced high levels of coliform and E -coli in the fall 2015 round of testing. The Municipality of Clarington, and hence our peer review consultant do not receive the results of the private well monitoring program because of privacy concerns under the Freedom of Information and Privacy Act. 2.6 According to the Durham Health Unit elevated coliform bacteria and E -coli readings is not uncommon in shallow private wells. The Health Unit has a number of resources on their website to assist private wells owners with common issues. Attachment 1 to this report is the information on Well Safety including bacteria and E -coli from their website. 2.7 Hydro One included bacterial analysis as part of the Private Well Monitoring Program to help provide additional information to residents about their well water, as it is used for drinking and household purposes. However, the scope of the approved Groundwater and Surface Water Monitoring Program does not include testing for bacteriological parameters for the monitoring wells located on-site as they are not used as a potable water source. 2.8 At the November 30, 2015 CLC meeting, Mr. Usher asked a number of questions on behalf of the residents with regard to contamination from the construction site being able to affect the private wells in 'the Farewell Creek watershed. Mr. Brant Gill of Stantec the consultant for Hydro One confirmed that no mechanism for contamination on the construction site existed for water at surface or below ground to affect the Farewell Creek private wells. (A recording of the meeting is available). In addition, Mr. Gill indicated that bacteria is present anywhere at surface, the private well testing is performed on the "raw" water from the well (prior to any internal treatment private residents may provide within their homes). 2.9 Council asked SLR for a proposal to on the estimated costs of a report regarding the general source of the contamination (Attachment 2). 3. Tritium Testing 3.1 In August 2015, members of the EEA conducted some well sampling at PW1, PW2 and PW10 for the purpose of tritium testing. Tritium is a rare isotope of 12-73 Municipality of Clarington Retort PSD -006-16 Page 4 hydrogen, with a half-life of about 12.3 years. (That is, for example, a concentration of 100 Tritium Units (TU) would be reduced to half (50 TU) in 12.3 years.) Tritium is present in rain water and has been elevated since the 1950's when atmospheric testing of nuclear devices drove up the natural values (a maximum value of about 3000 TU was recorded in 1964). A record has been kept of atmospheric tritium since 1953, and provides a unique tool for the age dating of water. Tritium is not a contaminant, but due to its known rate of decay makes an excellent tracer for dating water. Although tritium from this source has dropped dramatically since this atmospheric testing was stopped in the early 1960's, levels still have not returned to background (pre- nuclear testing) levels and are presently around 14 TU. In recent decades, nuclear plants, which use lake water for cooling, have low levels of tritium release. This second source means that background levels will remain above pre -nuclear testing levels. (Attachments 3 and 4 provide background information on Tritium from Durham Health Unit and the Canadian Nuclear Safety Commission). 3.2 The tritium sampling conducted by the EEA has provided useful information. A more complete picture of the site itself could be made if tritium sampling were conducted in the onsite monitors as well. 3.3 Dr. Cherry and Dr. Clark questioned the preliminary conclusions drawn by Mr. Usher in his Peer Review. Both submitted letters to Council calling for additional work to be carried out in relation to the Tritium sampling. Following Mr. Usher's Peer Review presentation he verbally recommended to Council that to confirm the preliminary results of the Tritium testing six additional shallow wells, six additional intermediate and six additional deep aquifer wells be tested, three in each horizon upgradient and downgradient. 3.4 Council in receiving the peer review report on October 13th, 2015 passed the following "Therefore be it resolved that the scientific representatives of Hydro One, the Municipality of Clarington, the EEA and the Central Lake Ontario Conservation Authority, including, but not limited to: Dr. Rick Gerber, Dr. Ian Clark, and Dr. John Cherry, be asked to meet to provide an analysis of the data on all 23 private wells, three blind samples, and ten site groundwater monitors for sampling and measurement of tritium and helium isotope concentrations; That Hydro One be asked to cover the cost of this one-time sampling and testing, in the spirit of working towards a solution; That the four parties prepare a joint scientific report interpreting the results, including dissenting opinions; That Clarington request that the Minister of the Environment and Climate Change amend the terms of the Environmental Assessment conditions to require that Hydro One submit an addendum to the Environmental Site Report to address the results of the recent studies showing elevated levels of tritium within the framework of a conceptual model that explicitly assesses 12-74 Municipality of Clarington Report PSD -006-16 Page 5 groundwater connectivity among shallow, intermediate and deep aquifers, and identify changes to the Permit to Take Water to require monitoring of tritium, and to be consistent with the addendum;" 3.5 The Ministry of Environment and Climate Change provided a letter on November 27, 2015 in response to this request indicating that "...the current program is satisfactory and does not consider the tritium levels found in local wells to be unexpected. The Ministry does not think it is likely that the underlying aquifer is being recharged directly through the till cap. The tritium concentrations indicated that the groundwater recharge, corresponding to the lower concentration of tritium found in the wells, is likely coming from up -gradient sources a number of kilometres to the north of the site. The shallow dug wells are typically recharged locally, and more recently; this is why their tritium concentrations are more elevated." Further, the Ministry letter indicated that they had no objections to Hydro One carrying out tritium testing; however, they did not view it as necessary. 3.6 Hydro One provided a subsequent letter, dated December 4, 2015 indicating that "tritium/helium-3 sampling would not provide additional information relevant to the objectives of the Monitoring Program and construction or operation of the Clarington Transformer Site. Hydro One will continue to implement its on-site Monitoring Program and the private well monitoring program and will continue to review any requests from the Municipality or other stakeholders." 3.7 Attachment 5 is the SLR proposal for the cost of tritium testing/analysis; including the methodology for carrying out this work. 4. Concurrence Not applicable. 5. Conclusion 5.1 The purpose of retaining a peer review consultant was to assist with understanding the technical information and to have an independent advisor monitor the practices and methodologies being employed during the construction of the Clarington Transformer Station. To date, the observations, recommendations and conclusions by Mr. Usher of SLR Consulting (Canada) Ltd. have required additional work by Hydro One and their consultants to demonstrate that the conclusions of the Environmental Assessment and Permit to Take Water are reasonable and conservative. 5.2 Council and residents were concerned for the safety of private residential wells in the vicinity of the transformer construction and Farewell Creek. To date Mr. Usher has advised that the transformer construction has had no adverse impact on _ residential wells and discharge to the creek as demonstrated by the recent monitoring report. 12-75 Municipality of Clarington Report PSD -006-16 6. Strategic Plan Application Not applicable. Submitted by: Reviewed by: aid J. Crome, MCIP, RPP Director of Planning Services 6 Franklin Wu, Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid(a)-clarington.net Attachments: Attachment 1 — Durham Health Unit information on bacteria and a -coli Attachment 2— SLR Proposal for opinion for the reason for the contamination of the shallow wells near the Clarington Hydro One Transformer Station Attachment 3 — Durham Health Unit information on Tritium Attachment 4 — Canadian Nuclear Safety Commission information on Tritium Attachment 5 — SLR Proposal for tritium/helium 3 testing The following is a list of the interested parties to be notified of Council's decision: Brad Bowness, Hydro One Clint Cole, Enniskillen Environmental Association Drs. John Cherry and Beth Parker, Group 360, University of Guelph Dr. Rick Gerber, YPDT-CAMC Chris Darling, CLOCA Steven Usher, SLR Consulting (Canada) Ltd. DJC/FL/df 12-76 Municipality of Clarin0ton Attachment 1 Report PS® -000-16 Well Water Safety Contamination of Well Water Pathways of Contamination In aquifers, contaminants and recharge waters can follow similar pathways and can contaminate the groundwater in the following ways: o spills on the ground (fuel and pesticide spills) o injection into the ground (septic leaching beds, poorly maintained wells, disposal of waste in wells) o improper handling of industrial solvents and chemicals (varsol and wood preservatives) a leakage from wastes (manure, wastewater, septic tanks and landfills) s leaking underground and aboveground fuel storage tanks Homestead Diesel Barn Shed VIM Storage septic Feild 1 -, Ground Water � clay (Aquitard) I e movement of groundwater between contaminated and clean aquifers • over -application of soil amendments such as manure, commercial fertilizers or pesticides. Bacteriological Contaminants What are Total coliforms? ` .Y . • Generalized group of bacteria found throughout the environment including soils, vegetation, and in human and animal feces., �t k, !+ _ ' s Their presence may indicate a problem with your water supply, possibly e ` through surface water contamination. _ � - What is E. coli? e A group of bacteria that live in the intestines of warm-blooded animals o Their presence indicates recent fecal contamination such as sewage, and that there is a problem with your water supply. http://www.durham.ca/health.asp?nr=/departments/health/health protection/wellWater/c_ ontamination. htm&setFooter=/includes/health/hea lth FooterWel 1. inc#bac 12-77 Attachment 2 tc Municipality of Clarington Report PSD -008-16 5 January2016 Ms. Faye Langmaid Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Proposal No..: 209.40541 Dear Ms.Langmaid: RE; North Clarington (In Proximity To The Clarington Transformer Station) - Bacterial Well Contamination Study In the autumn of 2015, sampling of private wells by Hydro One revealed bacteria levels in many shallow wells and some deep wells in the community. These wells are thought to be outside of the groundwater flow field associated with the Transformer Station construction, based on the Stantec reports. However, the municipality is not privy to actual well locations due to privacy reasons so is unable to assist residents in any way. Recently the Standing Committee passed Resolution #PD -079-15, which stated: That Staff request a report from Steve Usher, SLR Consulting, to obtain his opinion for the reason for the contamination of the shallow wells near the Clarington Hydro One Transformer Station. We have spoken with just one resident, and read in the Toronto Star of another resident's bacterial count. Like the Municipality, we too are not privy to the actual results. These results are listed in the recent Hydro One monitoring report prepared by Stantec Consulting but are not identified by location. The wells are on private property. Without access to the location specific data, and without access to the properties in question to examine their wellhead construction and operational conditions of the wells, we cannot reliably form an opinion on the reason for the bacterial contamination on an individual -well basis. Both Stantec Consulting, and the resident's themselves know which sampling results belong to which well. So it is a relatively simple process to obtain the information if permission is granted, but we have no control on whether permission would be given or not. You will recall that our annual report in late September concluded that wells are safe from the Transformer site. This was based on the physical flow system. Most of the wells sampled by Hydro One are in the Farewell watershed to the east. There are no shallow wells downgradient. from the site. Bacteria cannot travel up and over the hills to get to these wells, because the water flows the other way. The bacteria found in the sampling program are either Total Coliform, or a member of that group, called E -Coli. Total coliform is naturally occurring and does not have to come from animals. E -Coli is definitely from animals (including humans, dogs rodents, birds and cattle). Our Provinical Standards call for no E -Coli in treated water (not raw water, that is a common misapplication). In our experience, and well documented in the literature, raw water often contains coliform, particularly in shallow wells, and most prudent rural residents have some SLR Consulting (Canada) Ltd. 200 - 300 Town Centre Boulevard, Markham, ON L3R 5Z6 T: 905.415.7248 F: 905.415.1019 12-78, wmv.slrconsulting.com Municipality of Clarington Clarinaton North Well Contamination Concerns Proposal No. 209.40541 January 2016 form of treatment, including many of the residents near this site.' Under the new GUDI regulations being developed now by the province, Total Coliform will no longer be used as an indicator because it is ubiquitous in the natural environment. Coliform bacteria typically lives as long as 50 days outside of a warm host, and generally do not survive that long. Groundwater travel times are quite slow, in the order of less than 10 m a year. This means that bacteria would only travel less than two metres during the 50 day lifespan in such conditions. Therefore the presence of bacteria in a shallow well means that the source is only a few metres away on any given property, and the cause is usally domestic or wild animals or birds. Finally, the presence of bacteria in private rural wells is very common right across Ontario and elsewhere, as many studies have shown. To address the need for Council to have an opinon on bacterial contamination it would be best to use the actual sampling results, coupled with an examination of the property and well in question. Access to the information and property would have to be arranged for. In the absence of access to this information, a general opinon as expressed above can be prepared with existing knowledge of bacterial distribution patterns and characteristics, and a sense of the lay of the land and hydrogeologic properties, such as is contained in the existing reporting and other technical sources. The estimated cost to provide a general opinion would be in the order of $5,000 plus HST. If specific landowners were willing to participate, the general cost per well to review the data, examine the wellhead and operation, and provide a written opinion in the context of the physical setting and relationship to the Transformer Site would be about $1,500 per well plus HST. Assuming 10 wellowners with bacteria problems came forward, this would total $15,000 (plus HST). The estimated cost of do this work would therefore be about $20,00.0 plus HST, dependant upon the degree of participation. We trust this submission provides the information you were seeking. Yours sincerely, SLR Consulting (Canada) Ltd. r .. L) r 1 - Steven Usher, M.Sc.,P.Eng.,P.Geo.,FGC Seniro Hydrogeologist SJu/su .1 To be clear, Hydro One endeavours to sample the raw well water at each residence, which is normal practice. That is, the sample is taken from a tap prior to the water entering the homeowner's particular treatment system. In this way potential changes to the natural water quality can be properly assessed. SLR 2 12-79 Municipality of Clarington FAITS Attachment 3 Renort PS® -008-16 HEALTH DEPARTMENT Background Tritium is a radioactive form of hydrogen that is created naturally in the environment, and is also released in very small amounts by Canadian nuclear facilities as tritiated water. Since radioactivity poses a health risk, the Ontario government has placed limits on the allowable amount of tritium in drinking water. Tritium levels in drinking water obtained from Lake Ontario are very low and have never exceeded the Provincial limit. How does radiation affect my health? Exposure to any radiation source can result in an increased risk of cancer, genetic defects and reproductive effects. Since we are exposed to radiation from many natural (e.g., radon gas in soil) and human sources (e.g., medical x-rays), it is important to control our total radiation exposure, not just our exposure to one source. We can be exposed to tritium by eating and drinking contaminated food and water, and breathing contaminated air. Where does tritium come from? Tritium is produced naturally when cosmic radiation and gases in the atmosphere interact. Tritium also originates from human activities such as nuclear weapons testing which has slightly contaminated all surface water supplies around the world. Canadian designed nuclear reactors (e.g., CANDU) also produce tritium. An accidental release of "heavy water" used to cool the reactors can result in the release of tritium into the environment. Small amounts of tritium are also released into Lake Ontario during the normal operations of the nuclear generating facilities. How much tritium is in my drinking water? ----- In Canada, the average tritium concentration in drinking water ranges from 5 to 10 becquerels per litre. The Becquerel is an international measure of radioactivity. Water samples taken near Pickering and Darlington Nuclear Generating Facilities occasionally have a tritium concentration of approximately 20 becquerels per litre which is well below the interim Provincial limit for tritium of 7,000 becquerels per litre in drinking water. ivm.% What is being done to make sure tritium levels stay low? Ontario Power Generation in association with Provincial and Regional authorities has developed a comprehensive emergency response plan in the event of an accidental tritium release to protect the health of the residents of Durham Region. Daily samples of drinking water are obtained from all water treatment plants within 20 kilometres of the two nuclear generating stations on Lake Ontario. The Radiation Protection Branch of the Ontario Ministry of Labour tests these samples for tritium content. Ontario Power Generation (formerly Ontario Hydro) also tests water samples as part of its own monitoring program and the Health Department closely monitors the results. More information can be obtained from Durham Region Health Department, Environmental Help Line 905-723-3818 or 1-888-777-9613 http://Wm.durham.ca/health.asp?nr-/departments/health/facts_about/tritium.htm&setFooter=/includes/health/healt hFooter.inc 12-81 Attachment 4 tc Municipality of Clarington Report PSD -008-1E F4 act Sheet 2s� � GGA Tritium December 2012 Quick Facts Tritium is a radioactive form, or "isotope", of hydrogen. It has two Tritium is a radioactive form neutrons where regular hydrogen does not have any, which makes of hydrogen that occurs both tritium unstable and therefore radioactive. It is produced naturally naturally and as a by-product from interactions of cosmic rays with gases in the upper of the operation of nuclear atmosphere. It is also produced as a by-product of nuclear reactors. reactors. Like all radioactive isotopes, tritium decays. As it decays it gives0 One of the more common off, or emits, beta radiation. uses of tritium involves glow - in -the -dark lighting and One- of the more common uses of tritium involves glow -in -the -dark signs. lighting and signs. Tritium gas is combined with phosphor to create luminescence. The light source does not require electricity . Tritium exposure can pose a or electrical wiring, making it ideal for exit signs, emergency health risk if it is ingested lighting in commercial buildings and airplanes and for airport through drinking water or runway lights. food, inhaled or absorbed through the skin in large Tritium is also used as a tracer in biomedical and academic quantities. research.- Some countries use tritium as fuel for thermonuclear weapons, although Canada is committed to nuclear non- . The CNSC regulates releases proliferation. In the future, tritium may also be used to generate of tritium by nuclear reactors electricity in fusion reactors which are currently under and tritium processing development. facilities to ensure the health e and safety of workers and the The Canadian Nuclear Safety Commission (CNSC) regulates public, and the protection of releases of tritium by nuclear reactors and tritium processing the environment. facilities to ensure the health and safety of workers and the public, and the protection of the environment. ■'Canadian Nuclear Commission canadienne Cmadcl Safety Commission de surete nucleaire 12-82 Tritiunn Tritium in Drinking Water -- The most common form of tritium is tritiated water (HTO). This happens when a tritium atom replaces a hydrogen atom in water (H2O) to form HTO. HTO has the same chemical properties as water and is also odourless and colourless. ' The standard international unit for measuring radioactive decay or radioactivity is the becquerel (Bq). The amount of tritium in water is measured in becquerels per litre (Bq/1). Water with a tritium activity of 1 Bq/1, contains less than 1 tritium atom per 100,000 million million (1 in 1017) molecules. The highest average annual tritium level measured in the drinking water of Canadian communities neighbouring nuclear facilities is about 18 Bq/l. This is well below drinking water limits recommended by Health Canada of 7,000 Bq/1. Tritium in the Body Some of the tritium released into the environment will be naturally incorporated into nutrients such -as carbohydrates, fats, or proteins. This is called organically bound tritium (OBT). OBT can enter the body directly by eating tritiated food. OBT poses a slightly greater health risk because as an organic material, the body will retain it longer than tritiated water. This means that there is a greater likelihood that the tritium atom will decay _ while in the body and possibly cause damage. Generally speaking, OBT is at much smaller concentrations in the body than tritiated water. Health Effects Tritium is a relatively weak source of beta radiation. The beta particle itself does not have enough energy to penetrate the skin. However, it can pose. a health risk if taken directly into the body in extremely large quantities; for example, a person would need to take in billions of becquerels before seeing a health effect. Tritium molecules can enter the body by breathing air containing tritium, or by ingesting tritiated food and water. Tritiated water can be absorbed through the skin like regular water. Most tritium leaves the body as tritiated water in urine, breath moisture and perspiration. Most inhaled tritiated hydrogen gas is exhaled immediately. A radiation dose from tkitium is like a radiation dose from any other type of radiation, including natural background radiation and doses received during medical procedures. In Canada, members of the public receive annual doses of radiation from tritium of 0.0001 to 0.013 millisieverts (mSv), although very few, if any, members of the public receive doses in the upper end of this range. Near nuclear facilities, where tritium levels are slightly higher, the average annual dose to adults is about 0.0015 mSv. These doses are well below the public dose limit of 1 mSv as set in the Radiation Protection Regulations, and the average Canadian dose due to natural background radiation of 1.8 mSv. 2 Radiation Dose The effect of the radioactivity on the body is called a radiation dose and is expressed in sieverts (Sv), or more commonly, in millisieverts (mSv), which are one one - thousandth in size. Canadian Nuclear Safety Commission 12-83 Tritium Studies have not shown health effects at a chronic exposure below about 100 mSv. The regulatory public dose limit of 1 mSv is equivalent to I% of this amount. Regulating Tritium Small amounts of tritium are released to the environment mostly from reactor operation and maintenance and - during the manufacture of tritium light sources. The CNSC imposes Derived Release Limits (DRLs) that restrict the amount of radioactive material that may be released. Releases must also be "as low as reasonably achievable"—a concept known as ALARA— and as a result, actual releases of tritium from nuclear facilities have typically been less than 10% of the DRL. The CNSC requires all Canadian nuclear operators to provide quarterly reports on monitoring results for routine radioactive discharges, and annual reports on environmental monitoring programs. Licensees are also required to report any accidental or unmeasured releases of nuclear substances into the environment. Tritium Studies Project In 2007, the CNSC launched the Tritium Studies Project, a multi-year research project on tritium releases in Canada and an evaluation on the best practices of tritium processing facilities around the globe. The project has expanded the body of knowledge on tritium. Six studies have been published, as well as a synthesis report that rolls up the conclusions and makes recommendations for regulatory improvements. These include actions to make the regulation of tritium even safer, protect future drinking water resources and enhance environmental compliance monitoring. All of the studies are available on the CNSC Web site, in the Reading Room. To better regulate tritium releases in Canada, the CNSC continues to conduct research on tritium environmental behaviour and health effects in technical collaboration with several national and international partners. For more information: 1-800-668-5284 (in Canada) 613-995-5894 (outside Canada) info aacnsc-ccsn.gc.ca Canadian Nuclear Safety Commission 12-84 nuclearsafety.gc.ca 5 January 2016 Ms. Faye Langmaid Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Projposal No.: 209.40542 Dear Ms.Langmaid: Attachment 5 to Municipality of Clarington Report PSD -008-16 SLR' RE: North Clarington (in Proximity To The Clarington Transformer Station), - Tritium ,assessment In the summer of 2015, members of the Enniskillen Environmental Association sampled three water wells for analysis of the tritium content in the wells. The three samples provided snapshots of the tritium content in the shallow subsurface, in the Mackinaw horizon (at about 20 m depth) and in the Thnorncliffe aquifer. Tritium presence in the first two are explainable as the groundwater in these horizons have local recharge areas and represents recent water. The presence of tritium in the deep well, although at a lower concentration than the others, indicates post 1950's water, and there has been some debate as to its origin. The possibilities include: 1) Lateral subsurface flow from the Oak Ridges Moraine some 6 km to the north. Independently calculated groundwater velocities support this possibility, however it is was one point in distance and in time, and spatially offset samples are needed to assess this. 2) Poor well construction could cause a pathway from surface with the leakage of more tritium concentrated water from above, mixing with the natural water at depth. An assessment of the well casing and of other geochemical parameters to assess mixing are needed to assess this. 3) Leakeage through discreet fractures in the dense Newmarket Till aquitard. Water quality in the aquitard itself would be needed to assess this, and a calculation of the pathway characteristics to see if it is plausible should be undertaken with this. Based on the request from Council whereby Resolution #PD -079-15 was referred to staff to provide a report n the estimated cost for a consultant's report regarding the source of. contamination and cost of tritium sampling/analysis, SLR has been asked to provide a cost estimate to address the presence of tritium in the aquifer. (A separate cost for bacterial assessment is provided under separate cover.) We propose a staged exercise to address the most defineable items first which will in turn shed light on how to approach the more expensive and less easily defined issues. Prior to giving the reasoning and listing the tasks, we wish to ensure that the objective of this work be clearly understood. If the objective is to identify if there is a linkage with the Hydro One Transformer site, an analysis of tritium alone in the private wells may not be the way to assess this. This is because the work done by Hydro One in response to Clarington's and MOECC questions has established that there is little likelihood of a connection. This was reported by SLR to Clarington in our report of late September, 2015 based on solid hydrogeologic and physical evidence. Tritium was one minor line of evidence in that report that supported the SLR Consulting (Canada) Ltd. 200 - 300 Town Centre Boulevard, Markham, ON L3R 5Z6 T: 905.415.7248 F: 905.415.1019 IMA11. .g.Ccill 12-85 Attachment 5 to Municipality of Clarington Report PSD -008-16 Municipality of Clarington Proposal No. 209.40542 Clarington North Tritium Study January 2016 interpretation of well safety from the Transformer Station. Point 1) above was deemed by SLR to be the most likely possibility, although we did verbally recommend municipal support for the requested tritium study at that time to close some of the other questions off. If on the other hand, the objective is to provide insight as to well performance and to help assess the subtly different conceptual hydrogeologic models proposed by SLR and Stantec, then the following work is worthwhile. Workplan To reliably understand the tritium results to date, values must be reproducible and a spatial pattern developed. The current three results are single points in time and geometry. We propose first to do a "snapshot" of several strategically placed private wells in each aquifer layer. Wells that are,upgradient and wells that are downgradient in each layer should be sampled and analysed. In the case of the Mackinaw and Thorncliffe aquifers there are many private wells that qualify. The upgradient wells should be at least one half life away. At the estimated flow rate of 100 m/year in the Thorncliffe this would be just over 1200 m to the north. And downgradient it would be a similar distance. Some private wells not presently on the program may have to be solicited to accomplish this. In fact all well owners will have to be approached for their participation. We suggest doing this along three different north -south transects to provide reproducible results. In the mackinaw the flow paths are shorter and locally water travels at different rates and in different directions. In these cases wells upgradient of Concession Road 7, along Concession Road 7 and downgradient of Concession Road 7 should be selected. Again three separate flow lines should be sampled. In the case of the shallow dug wells, where the water source is at surface and near the well, six geographically diverse wells should be selected, and it would be reasonable to assume that their measured tritium values will be largely similar. This workplan does not include monitoring Wells from the site, as Hydro One has indicated they will not participate. The above program is suggested as a starting point. It would be advisable to convene a technical meeting of the parties (G360, CLOCA, Clarington, Hydro One, and MOECC) to refine this design and ensure as reasonable a program is conducted from day one as possible. Once the private well locations are selected and all are in agreement from.a technical perspective of what to expect, this sampling will then become the baseline from which to work. Once G360 has drilled their rotosonic boreholes and installed the multi-level monitors, further aquitard sampling can be done (not costed here) for comparison and all parties can share data. We also wish to point out that tritium is time sensitive, due to its half life. The logical future step would be to resample this suite in 6 and 12 years to determine the rate of tritium concentration decay which would provide insight into any mixing of water.. (Future samples are not costed here.) It would also be adviseable, as part of the baseline to capture and sample precipitation for tritium analysis at the site to provide a realistic value for recharge water for at least the shallow wells. Therefore a total of 19 samples plus two QA/QC samples (ond duplicate and one field blank), totalling 21 samples have been budgeted for. The estimated cost' to do this first phase would be $22,800 plus. HST. ' It is unknown if the four experts would charge to attend a scoping session, or would even agree to attend. We have assumed four outside experts at a nominal $1000 a day retainer, that is, $4,000. SLR 12-86 Attachment 5 to Municipality of Clarington Report PSD -008-16 Municipality of Clarington Proposal No. 209.40542 Clarington North Tritium Study January 2016 Once the basline data has been collected and collated, the advisory group would reconvene.to interpret the results and advise on supplementary testing. This second phase would include integrity testing of deep wells (assume four for costing purposes) with abnormally high tritium values, including geophysical logging, casing tests, video televiewer logs, and wellhead inspections: Consideration on the need to include the helium testing discussed previously would be given, however this has not been costed at this time. In addition, analytical scenarios of leakage rates needed to influence water quality would be performed on agreed to wells. This analytical assessment would also be applied to the more remote possibility of aquitard leakance through undetected fracture networks, as postulated by G360. The cost2 to do this second phase would be $26,000 plus HST.' (This includes a budget for $10,000 for geophysical testing.) Once these steps have been completed, the advisory group should be reconvened to determine if additional analytical scenarios would necessitate the use of a three dimensional groundwater flow model, such as the one currently operated by CLOCA staff as part of the Oak Ridges Moraine Coalition. Modelling is beyond the scope of this proposal. It is our understanding that this model has the capability of running contaminant scenarios for a variable source such as tritium. It should also be be able to assess longitudinal contaminant dispersion along any given flow path. Confirmation of this would be sought from Dr. Gerber. The use of a groundwater flow model allows one to explore differing scenarios, such as aquitard leakance, or the coefficient of dispersivity, or the soil hydraulic conductivity. Once these aspects have been considered, the results will be assembled in a comprehensive summary report. Review comments will be collected from the advisory group and appended to the document, including dissenting opinions. The cost2 to do this third phase would be $14,000 plus HST. It is anticipated that this work could be completed in 6 months. The total cost will depend upon participation by the various experts and their respective per diems and travel costs. We have budgeted for 18 well samples, however this costs can be lower if the advisory group determines a more streamlined program is possible, or they could be -higher if more are technically advisable. Therefore the total estimated cost of $62,800 is simply an estimate at this time to provide the municipality some guidance of potential cost. We trust this submission provides the information you were seeking. Yours sincerely, SLR Consulting (Canada) Ltd. }li - .. _. �i4a Via• Steven Usher Project Manager SJU/su 2 It is unknown if the four experts would charge to attend a scoping session, or would even agree to attend. We have assumed four outside experts at a nominal $1000 a day retainer, that is, $4,000. SLR 12-87 (Pul l��i Planning If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: January 11, 2016 Report dumber: PSD -009-16 Resolution dumber: File dumber: RE 6.14.28 By-law dumber: Report Subject: Kawartha Pine Ridge School Board Surplus Property Sale — Ontario Street School —116 Ontario Street. Bowmanville Recommendations: 1. That Report PSD -009-16 be received; 2. That the Kawartha Pine Ridge District School Board be advised that the Municipality has no interest in purchasing Ontario Street Public School; 3. That the Kawartha Pine Ridge District School Board be informed that the Municipality owns the Victoria Street unopened road allowance (0.2 ha) and is not willing to relinquish its ownership rights; and 4. That the Kawartha Pine Ridge District School Board and any delegations be advised of Council's decision. UNI -6-F-01 Municipality of Clarington Report PSD -009-16 Report Overview Paae 2 Ontario Street Public School was closed in fall of 2013. The Kawartha Pine Ridge District School Board has declared the property surplus to the needs of the Board and offered it to other public agencies in accordance with Ontario Regulation 444/98. The Municipality owns the Victoria Street unopened road allowance which traverses through the middle of the site. The Municipality wishes to- retain land for a neighbourhood play area and gathering place because of deficiencies in the neighbourhood. 1. Background 1.1. On October 22, 2015, the Kawartha Pine Ridge District School Board declared Ontario Street Public School at 116 Ontario Street, Bowmanville surplus to their needs. In accordance with Ontario Regulation 444/98. Under the Education Act, 1990 the Board has offered the subject land at fair market value to other public statutory agencies. 1.2 Ontario Street Public School was developed on a block of land that includes the Victoria Street unopened road allowance. The unopened road allowance while not developed as a road has not been declared surplus by the Municipality, and remains in Municipal ownership. Should the School Board proceed with disposal of the Ontario Street Public School to another public agency the requirement to allow public access to any playground area would be a requirement of the Purchase and Sale Agreement. Should the School Board proceed with disposal of the Ontario Street Public School to a non - statutory agency or private interest, the Municipality will have to determine if it wishes to stop -up and convey the unopened road allowance and how the loss of the playground area will be addressed for the neighbourhood. 2. Land Characteristics and Surrounding Uses 2.1 The surrounding uses are as follows: North, South, East and West- Single family residential. The Ontario Street Public School property is a 1.42 ha (3.52 acre) site that includes a school building of 16,173 sq. ft, a parking lot of 12,267 sq. ft. and playground area (the playground has been recently removed). The school board owns 1.2 ha of the school site. The remaining 0.2 ha is the Victoria Street right of way. The school was built in 1949 with additions in 1951 and 1962. The school has frontage on Ontario and Duke Streets. The School Board also owns a playfield of 0.2 ha (0.5 acres) at 52 Duke Street (between Duke and Hunt Streets). See Figure 1 (below). Municipality of Clarington Report PS® -009-16 Page 3 Figure 1: Ontario Street Public School Property 3. Comments 3.1 Staff have reviewed the Municipality's parkland requirements for the Memorial neighbourhood and while the area does not have typical neighbhourhood parks it has been well served by playground features in Memorial Park and school grounds. The neighbourhood is also served by community parks (Soper Creek Park) and the open space/trails of Bowmanville and Soper Creek valleys. The Ontario Street Public School play area provided a playground for the northern portion of the neighbourhood within the recommended 800 metre walking distance from residences, which is now addressed by Nelson Street parkette (developed in 2011-2). 3.2 The population target for the neighbourhood is 4000 persons which includes potential for intensification and redevelopment of sites such as the Ontario Street Public School, and Bowmanville Senior Public School plus the former' Goodyear site for residential uses. The Clarington Official Plan's standard for neighbourhood parks is to provide 0.8 ha per 1000 persons. 12-90 Municipality of Clarirngton Report PSD -009-16 Wage 4 3.3 Although the Official Plan provided a standard for neighbourhood park facilities, this is mainly targeted at the development of new neighbourhoods. There is currently no program to address deficiencies in older neighbourhoods. In many instances, there are few opportunities to address parkland deficiencies without extraordinary and costly actions. 3.4 The notice of the sale of school property was reviewed with other Departments for comments. Community Services Department advised that they do not have any immediate needs for the school building for indoor recreation programming. The Engineering Services Departments expressed an interest in retaining the Victoria Street unopened road allowance either as a road or equivalent land as an open space neighbourhood gathering spot depending on the reuse or redevelopment of the school. 3.5 Shortly after the school closed, Doug Mann, the Solicitor for the Kawartha Pine Ridge . District School Board was informed by both the Manager of Development Engineering and. Traffic and the Municipal Solicitor that the Victoria Street unopened road allowance remains in the ownership of the Municipality. 3.6 It is suggested that the Municipality could take ownership of either a portion of the former school yard on an equivalent square foot basis as the Victoria Street unopened road allowance, which is 0.2 ha. Further, if the sites are redeveloped, the redeveloper may required to dedicate parkland or pay cash -in -lieu of parkland as per the parkland dedication by-law. 4. Concurrence 4.1 This report has been reviewed by Ron Albright, Acting Director of Engineering Services and Andy Allison, Municipal Solicitor who concur with the recommendations. 5. Conclusion 5.1 The Kawartha Pine Ridge District School Board be informed that while the Municipality is not interested in acquiring the Ontario Street Public School, however, the Municipality owns 0.2 ha of the site, and wishes to retain land in a mutually agreed upon location to address the deficiency of parkland in this neighbourhood. 6. Strategic Plan Application 6.1 The recommendations contained in this report conform to the Strategic Plan; in particular 3.1 "Provide for walkable mixed-use neighbourhoods and encourage a "small town" feel in the Official Plan and neighbourhood plans. 12-91 Municipality of Clarington Report PSD -009-16 a,fP, Submitted by: 3 David.-J� Crome, MCIP, RPP Director of Planning Services Page 5 Reviewed by: Franklin Wu, Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid flclarington.net Attachments: Attachment 1 - Notification of Disposition of Surplus The following is a list of the interested parties to be notified of Council's decision: W. R. (Rusty) Hick, Director of Education FL/df 12-92 KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD Trustees; CathyAbrabam (Chaio,gon) Rose mtney (trice-cbairberson) Sarah Bobka W,yne Bonner Cyndi Dickson Gordon Gilchrist fain. Klmsen feninga Angela Lloyd Diane Lloyd Mary Lynch -Taylor Shirly Patterson Attachment 1 to :. Municipality of Clarington Report PSD -009-16 November 30, 20.15 To .OEMD DEC 0 7 2015 MUNICIPALITY OF CLARINGTON ADMINISTRATOR'S'OFFICF Conseil scolaire Viamonde; Peterborough Victoria Northumberland and Clarington Catholic District School Board; Conseil scolaire de district catholique Centre -Sud; Durham College; College'Boreal d'arts appliques et de technologie; University. of -Ontario Institute of Technology; -Infrastructure Ontario; tZ'Municipality of Clarington; Region of Durham; Public Works and Government Services. Canada RE:. Disposition of Surplus Real Property Ontario Street Public School 116 Ontario Street Bowmanville., ON By Board motion on October 22, 2015, Kawartha Pine Ridge District School Board (the Board) has resolved that the above noted property (shown on Schedule A, attached) is surplus to the needs.of the Board. Khad#ahfilmd Therefore, in accordance with Ontario Regulation 444198, under the (Student Trustee) Education Act, R.S.O. 1990, the Board is offering the subject land at fair market value to the statutory agenc-ies noted above. As your organization is one of these statutory agencies, you are asked to submit an,offer of purchase, prior to 4:30 pm on frebruary 29, 2016 W!R. (R Uy) Hick or return the attached form waiving your interest in the property. 'if no Director of Education response is received within the specific time period, the Board will proceed on .the- basis that you are not interested in acquiring this property. snucAr►ore c>~IvrRs All offers must comply with the applicable sections of the Regulation to ON Fisher Drive be valid. Acceptance of offers will not be made for a period of ninety Peterborough, Ontario (90) days following issuance of this proposal; only offers that comply x9f6X6 with the Regulation will be considered. In the event that several valid offers are received, the offer of the highest priority body, as outlined in the Regulation, will be considered to be the successful offer. (705) 742-9773 1 (877) 7414577 Fax., (705) 742-7801 %bsite, www.kprschoo1xxa 12-93 Disposition of Surplus Real Property 'Ontario Street Public School Noyeiiiber 30, 2015. Page 2 The successful offer will then be reviewed for up to thirty (30) days, to -ensure agreement that fair market value has been offered. If there is a need to arbitrate the fair market value contained in the offer, Section 10(3) of Ontario Regulation 444/98 will be followed. Submission of all offers are to be delivered to Christina Coulter, Planner, Kawartfis Pine Ridge District School Board, 1.994 Fisher Drive, Peterborough, ON -K9J 6X6. She may be contacted with any. inquiries on this matter at 705-742-9773, extension 2370, or christina coulter(nkprdsb.ca The outline of the Regulation referred to in this letter is not to be considered as the Regulation. Please refer directly to the full Regulation for interpretation of the referenced sections. The complete Ontario Regulation 444/98 can be found at hftp://www.ontario.ca/laws/regulation/980444 Sincerely, Director of Education and Secretary of the Board Attached: Schedule A Waiver of Interest r 12-94 UNFINISHED BUSINESS Corporate Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee Date of Meeting: January 4, 2016 Report Number: COD -001-16 Resolution: File Number: RFP2015-12 By-law Number: Report Subject: Courtice Main Street Community Improvement -Plan Recommendations: It is respectfully recommended that the General Government Committee recommend to Council the following: 1. That Report COD -001-16 be received; 2. That approval be granted for the Municipality to award Request for Proposal RFP2015-12 for the provision of Courtice Main Street Community Improvement Plan to Dillon Consulting Limited, being the highest ranked proposal meeting all terms, conditions and specifications of the aforementioned Request for Proposal; and 3. That the funds required in the amount of $59,245.38 (net HST Rebate) be drawn from the following account: Unclassified Administration — Professional Fees 100-21-211-00000-7161 $59,245.38 14-1 Municipality of Clarington Report COD -001-16 Report Overview To request authorization from Council to award the contract for the Courtice Main Street Community Improvement Plan. 1. Background Paae 2 Request for Proposal 2015-12 was issued for interested parties to submit proposals for the provision of Consulting Services for the Courtice Main Street Community Improvement Plan as per the terms of reference provided by the Municipality of Clarington's Planning Department. The Request for Proposal (RFP) was advertised electronically on the Municipality's website as well as on the Ontario Public Buyers Association's website. Fourteen (14) companies downloaded the RFP document. Five (5) submissions were received in response to the RFP. All five (5) submissions were deemed compliant and moved onto the next step of technical scoring. 2. Analysis As stipulated within the RFP document, proponents were evaluated based on the following criteria: • Type and history of firm • Experience in writing community improvement plans • Consultation process • Firm's knowledge of Clarington and Durham Region • Understanding of the RFP and Proposed Solution • Identification of Accessibility design, features and criteria • Compliance & completeness • Costing/Pricing In addition to the above evaluation criteria, the RFP documents stipulated that the vendor selection would be made on the basis of reference checks and a presentation if required. The submissions received were reviewed by the Municipality's evaluation team consisting of staff from the Planning Department, Finance Department, Engineering Services Department and the Purchasing Division. Compliant proposals, as listed on Attachment #1, were reviewed and scored by the evaluation committee in accordance with the established evaluation criteria. Upon completion of the technical scoring, four firms met the evaluation threshold and were shorttisted to move forward in the process. The bid prices have not been listed as the award is based on all of the evaluation criteria including price. 14-2 Municipality of Clarington Report COD -001-16 Page 3 A primary concern for the evaluation committee was that the firm understood the scope of work requirements and that the firm's principles align with those of the Municipality. Three of the highest ranked submissions were asked to provide a presentation to the Evaluation Committee to provide further clarification of their proposal. Each of these three firms' presentations were scored based on the established evaluation criteria and ranking. Upon completion of the evaluation of the proposals it was mutually agreed by the members of the Evaluation Committee that the highest ranked proponent, Dillon Consulting Limited be recommended for the award of contract RFP2015-12 for the Courtice Main Street Community Improvement Plan as required by the Municipality. It was mutually agreed that a reference check was not necessary as Dillon Consulting has worked with the Municipality in the past on several project and have provided satisfactory work. 3. Financial/Budget Funding That the funds required in the amount of $ 59,245.38 (net HST Rebate) be drawn from the following accounts: Unclassified Administration — Professional Fees 100-21-211-00000-7161 $59,245.38 4. Concurrence This report has been reviewed by David Crome, Director of Planning Services, Nancy Taylor, Director of Finance/Treasurer. and Tony Canella, Director of Engineering Services and they mutually concur with the recommendation. 5. Conclusion It is respectfully recommended that Dillon Consulting Limited being the highest scoring . proponent with a bid of $ 59,245.38 (net HST rebate) be awarded the contract for the Courtice Main Street Community Improvement Plan as per specifications and requirements noted within Request for Proposal # RFP2015-12. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 14-3 Municipality of Clarington Report COD -001-16 Submitted by: Paae 4 Reviewed -by�� Ma&W[61rano, H.B.Sc., C.M.O. v Franklin Wu, Director of Corporate Services Chief Administrative Officer Staff Contact: David Ferguson, Purchasing Manager, 905.623.3379 Ext 2209 or dferguson@clarington.net Attachments: Summary of Submissions Received MM/DF/ 14-4 Attachment 1 to Municipality of Clarington. Report.COD-001-16 RFP2015-12 Courtice Main Street Community Improvement Plan Proposals were received from the following Firms: Dillon Consulting Limited Meridian Planning MMM Group Planscape Sierra Planning and Management 14-5 Clarington Memo Clerk's Department If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. To: Mayor Foster and Members of Council From: June Gallagher, Deputy Clerk Date: January 8, 2016 Subject: Planning & Development Committee Meeting — January 11, 2016 — Update File: C05.Planning & Development Committee Please be advised of the following amendments to the Planning & Development Committee agenda for the meeting to be held on Monday, January 11, 2016: 8. Delegations See attached Final List (Attachment #1) 14. Unfinished Business — (Additional Information) Attachment #2 14.1 COD -001-16 Courtice Main Street Community Improvement Plan [Referred from the January 4, 2016 General Government Committee Meeting] Memorandum from David Crome, Director of Planning Services regarding Report COD -001-16, Courtice Main Street Community Improvement Plan. u"Gallag-her, Deputy Clerk JEG/mc Encl C. F. Wu, Chief Administrative Officer Department Heads ATTACHMENT #. TO UPDATE MEMO ciffboon Planning and Development Committee Agenda Date: January 11, 2016 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario % -_ Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at mchambers(@-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 Record: The Municipality of Clarington makes an audio record of Planning and Development Committee meetings. If you make a delegation or presentation at a Planning and Development Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Copies of Reports are available at www.clarington.net • C I 11 lal WM Planning and Development Committee Agenda Date: January 11, 2016 Time: 7:00 PM Place: Council Chambers 1 Call to Order 2 New Business — Introduction 3 Adopt the Agenda 4 Disclosures of Pecuniary Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 Minutes of a Regular Meeting of December 7, 2015 6-1 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment 7-1 Applicant: Heather Holt Report PSD -001-16 7.2 Application for a Proposed Zoning By-law Amendment 7-3 Applicant: Lanarose Properties Report PSD -002-16 8 Delegations 8.1 Brenda Metcalf, Chair, Agricultural Advisory Committee of Clarington, Regarding an Annual Update 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications — Direction There are no Communications for direction. 11 Presentations No Presentations Page 1 l/l • Planning and Development Committee Agenda Date: January 11, 2016 Time: 7:00 PM Place: Council Chambers 12 Planning Services Department Reports 12.1 PSD -001-16 An Application by Heather Holt to Permit One Additional 12-1 Single Detached Dwelling by Reductions in Lot Frontage and Yard Setback Requirements 12.2 PSD -002-16 An Application by Lanarose Properties Ltd. (The Kaitlin 12-9 Group) to Permit Four Single Detached Dwellings and One Block for Five Townhouses in Bowmanville 12.3 PSD -003-16 Community Improvement Annual Report for 2015 12-18 12.4 PSD -004-16 Environmental Stewardship, 2015 Annual Report 12-27 12.5 PSD -005-16, Heritage Incentive Grant, 2015 Annual Report 12-32 12.6 PSD -006-16 Appeal to the Ontario Municipal Board of a Decision of the 12-35 Committee of Adjustment of November 5, 2015 12.7 PSD -007-16 Applications by South Bowmanville Ltd. for Proposed Draft 12-40 Plan of Subdivision and Rezoning to Permit 60 Single Detached dwellings 12.8 PSD -008-16 Clarington Transformer Station —Additional Professional 12-71 Services 12.9 PSD -009-16 Kawartha Pine Ridge School Board Surplus Property Sale — 12-88 Ontario Street School — 116 Ontario Street, Bowmanville 13 New Business — Consideration 14 Unfinished Business 14.1 COD -001-16 Courtice Main Street Community Improvement Plan 14-1 [Referred from the January 4, 2016 General Government Committee Meeting] Page 2 • C 1 11 IaE POW Planning and Development Committee Agenda Date: January 11, 2016 Time: 7:00 PM Place: Council Chambers 15 Confidential Reports No Reports 16 Adjournment Page 3 ciffingon ATTACHMENT # a. TO UPDATE MEMO Memo Planning Services Department To: Mayor and Council Members From: David J. Crome, Director of Planning Services Date: January 8, 2016 Re: Courtice Community Improvement Plan and Tax Increment Financing File Number: PLN 37.4.1 Report COD -001-16, the award of the tender for consulting services for the Courtice Community Improvement Plan was referred from the January 4, 2016 General Government Meeting and appears as Unfinished Business on the Planning and Development Meeting agenda. In addition to the background information provided in my e-mail of January 4, 2016 which included Report PSD -044-15 in which Council approved the process and approach for the Courtice Community Improvement Plan. There have been questions as to what the major difference between the existing CIP programs and what is anticipated for Courtice. While Section 4 of PSD -044-15 briefly outlined tax increment financing there was no explanation of it. Tax Increment Equivalent Grants (TIEG) A Tax Increment Equivalent Grant (TIEG) or Tax Increment Financing (TIF's) could be described as financial assistance equal to all or a portion of the municipal property tax increase (increment) following the completion of a project which has resulted in an increase in the assessed value of a property. A Tax Increment Equivalent Grant can be considered in connection with section 28 of the Planning Act which states that municipalities may provide grants or loans within a designated community improvement project area. Tax Increment Equivalent Grants typically offset eligible remediation and redevelopment costs. They have been provided for a specified time period such as 10 years, or until the eligible remediation and redevelopment costs have been offset. Section 28 (7.1) of the Planning Act outlines eligible costs of a community improvement plan, but municipalities decide which of these specific costs are funded. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 4U I EMHERANGE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 Page 2 The incentive is determined by the incremental change in the property tax assessment that is created by new development or redevelopment of a property. Full tax continues to be paid on the pre- development assessment and any subsequent tax increases after the increment is determined. As such, a portion of the property tax on the newly assessed value is returned to the property owner as a grant on an annual basis while the balance of the new tax is retained, as shown below. Tax Increment Financing W f flue,,, -0 �,✓ 0 W A W Q Tax invement r dowing Property Value TIh1E Captured Value After Assessed Termination Value of TIF The type of program is based on the assumption that without the incentive, the property development would not occur or would occur at a much later date. Therefore, the grant phases in the full taxation impact of development benefitting both the land owner, who pays less tax and the Municipality. Tax increment equivalent grants can also have performance standards built into them. An example, would be 30% of the residential units have to be affordable housing. If this is not maintained over the 10 year period the grant to the owner is affected. Performance Standards can include a wide variety of items from number of jobs for industrial TIEG's to requirements for student housing such as the City of Oshawa implemented in the UGIT Community Improvement Plan. Attached to this memo is additional information on the rules resulting financial incentives (Attachment 1), and an example of tax increment equivalent grants in the City of Toronto (Attachment 2). Terms of Reference The Courtice Main Street Secondary Plan is a starting point for the consultant. They have not been asked to revisit the recommendations of the Secondary Plan but rather to Page 3 introduce the incentives necessary to have the vision articulated realized through a Community Improvement Plan. The Terms of Reference call for the consultant to also examine the incentives that are already provided in the Development Charges By-law of both the Municipality and Region and make recommendations on any additional incentives that will prompt the urban development articulated in the Courtice Main Street Secondary Plan. The consultant has been asked to ensure that the tax increment grants will dovetail with the Regional Revitalization Program. Clarington's existing CIP's do not have tax increment financing and would not qualify for the Regional program. Deliverables from the consultant will include: • Best practices review of CIP's • TIEG monitoring program and educational materials on how to administer the program • Promotional materials • Sample legal agreements for TIEG's with property owners • Sample business plans to meet the requirements of the Region Revitalization Program • Implementation plan and strategy for Black Creek trail • Servicing Analysis - Local Improvement Petition process review • Completed Courtice Community Improvement Plan. Transferability It is anticipated that one of the results of working with the consultant for the Courtice Community Improvement Plan will be to apply the "best practices review" to the other existing CIP's. Report PSD -003-16 (one the same Agenda) outlines in Section 2.5 that a review will be undertaken to determine if tax increment equivalent grants should apply to the other CIP's; this could be implemented through amendments to the existing plans. The Official Plan calls for the additional CIP's for areas such as the Technology Park or Energy Park where tax increment equivalent grants may also be a possible incentive. Trusting this assists in understanding the need and advantage to retaining a consultant to carry -out the Courtice Community Improvement Plan. David J. Crome Director of Planning Services FL/df Cc: CAO, Department Heads, David Ferguson; Laura Pinto, Ron Albright Attachments Attachment 1 Section 106 of the Municipal Act, 2001 and Section 82 of the City of Toronto Act, 2006 — Rule Against Bonusing The municipal practice of providing financial or other similar assistance to businesses is often called bonusing. Under the rule against bonusing, with certain exceptions, municipalities are prohibited from directly or indirectly assisting any manufacturing business or other industrial or commercial enterprises through the granting of certain financial incentives. Prohibited actions include: • giving or lending money, or municipal property • leasing or selling any municipal property at below fair market value • guaranteeing borrowing • giving a total or partial exemption from any levy, charge or fee. There are exceptions to the rule against bonusing. For example, to carry out a community improvement plan, municipalities, despite the general prohibition against bonusing, can consider assistance to businesses in the form of: • making improvements to buildings on municipal land and selling or leasing the land to businesses (see s. 28(6) of the Planning Act) • leasing or selling municipal land to businesses (also see s. 28(6) of the Planning Act) • making grants or loans to businesses (see ss. 28(7) to (7.3) of the Planning Act) What is a Tax Increment Equivalent Grant • providing property tax cancellations to (TIEG)? businesses (see s. 365.1 of the Municipal Act, 2001 and s. 333 of the City of Toronto A TIEG is a grant equal to the full amount, Act, 2006). or a portion of the amount of the estimated Tax increment equivalent financing is one example of a financial incentive now being utilized by municipalities based on the grants and loans provisions under s. 28 of the Planning Act. By calculating a grantor loan on the higher property tax that is generated from development (thetax increment), municipalities property tax increase after the property is redeveloped. The increase in taxes, or the tax increment may be, for example, calculated by subtracting the municipal portion of the property taxes prior to reassessment from the municipal portion of the property taxes after reassessment. may offer eligible developers financing incentives with the aim of putting lands and buildings, which might not otherwise be developed, back into productive use. Limits may apply to tax increment equivalent financing. For example, the amount of community improvement plan related grants and loans generally could not exceed the relevant rehabilitation costs for lands and buildings (see s. 28(7.3) of the Planning Act). ATTACHMENT 2 Background Information on TIEGs Tax Increment Equivalent Grants (TIEGs) are annual grants that are made to property owners where redevelopment, new construction or improvement to an eligible property has resulted in an increase in the assessed value of a property, and an associated increase in the property taxes payable by the property. The increase in annual property taxes payable is referred to as the "tax increment" (i.e., the difference between the property taxes payable on the pre - development parcel, and the higher property taxes payable on the parcel following the redevelopment, new construction or improvement). In general, TIEG programs use the increased property taxes arising from redevelopment or new construction to grant back a portion of the tax increment to the property owner for a specified period of time. TIEG grants are generally based on some proportion of the full tax increment, such that annual grant payments are based on a declining percentage of the full tax increment in each successive year of the TIEG program. As the amount of the grant payment decreases in each successive year, the proportion of the full property tax increment retained by the City increases. An example of the declining grant amounts paid in successive program years is illustrated for Toronto's Imagination Manufacturing Innovation Technology (IMIT) TIEG grant program in Figure 1 below. TIEG programs are used to provide financial incentives, in the form of annual grants, to encourage property development where development might not otherwise occur. TIEG programs are premised on the assumption that, but for the grant program, the property development would not have occurred, and that the development will yield incremental tax revenues that the City would not otherwise realize. As such, TIEG programs are usually targeted to specific property types, sectors or uses that are consistent with the City's development objectives, and may be limited to certain geographic areas. TIEG programs are generally of a limited duration, providing benefits in a specified amount and over a specified time period. Figure 1 Example of Annual Grant Amounts for Toronto's Imagination Manufacturing Innovation Technology (IMIT) TIEG grant program as is to LL t— d ' T Incre CL 0 a n V TIEG Grants to Achieve 60% Overall Incremental Tax Grant I Rehabilitation ! CVA Change 20% 29°% 38°% 100% Grant Amounts Paid 56°% 47% $ 0°% ax ment 64°% 62°% 71°% 73% 53°l° 82°% 44°% 91% 36°% 100% 27°% Incremental City Tax Revenue 18°% 9% Year 1 2 3 4 5 6 7 8 9 10 11 Base Level Taxes I Rehabilitation ! CVA Change Handouts/Circulations Planning & Development Committee Meeting Agriculture Advisory Committee of Clarington Accomplishments 2015 Governance: Committee continued to meet and provide advice during election. New appointments made such on a staggered basis to provide better continuity, mentorship and training for committee. Proposed Official Plan: Agriculture Committee provided details comments Neonicotinoiids and pollinators: Advised, educated staff and Council on issue Agriculture Committee provided comments on Environmental Bill of Rights (EBR) posting. Greenbelt Review: Attended public information meetings, provided comments and have followed up with discussions with media, politicians and provincial representatives. Minimum Distance Separation (MDS) Formula Review: Advised staff, who in turn provided comments on EBR posting. Weighting of Agricultural Issues during Environmental Assessment Process: Provided comments and resolution as a result of stance taken by Town of Caledon. Agri -tourism: At the request of Council reviewing the background information, definitions and questions provided to assist staff in determining agri-tourism and value-added secondary uses. GO Transit Resolution: Provided a resolution supporting the expansion of GO Transit to Clarington as a means by which to protect agricultural lands while curbing sprawl. ir.n vo � ve ir.n e ir..n � i ir.n Events, CBOT Agricultural Summit - March 17th focused on 3 distinct areas, agri-business, opportunities in agri-business and intergenerational transfer. 80 people attended. Farm Connections April 1, 2, 3 with much volunteer participation from Clarington. Orono Fair Display — educational panel and information display for fair. Agricultural Gala October 29th, 2015, Second annual. CBOT Familiarization Tour of OAVFC in Colborne, December 1St, 2015 THEE Parade of Lights — December 2nd a:nrds Sheila Hall and Laura Wood from Clarington Board of Trade Seeking input from members on what services and how more farms and agribusiness could be involved with Clarington Board of Trade. CBOT wants to provide programming to satisfy the needs of the agriculture community in Clarington and help promote agriculture. Kathy Macpherson, Sarah Petrevan and Dennis Yellowlees — Greenbelt 10 year review The Greenbelt 10 year review is principally to look at the effectiveness of the Greenbelt Plan and consider modifications to improve the effectiveness of it. The review is to be coordinated with the review of the Oak Ridges Moraine Conservation Plan, the Niagara Escarpment Plan and the Growth Plan. Chris Darling, Central Lake Ontario Conservation The Conservation Authorities Act, 1946, laid the groundwork for the implementation of watershed management in Ontario. The agriculture committee would like to be consulted and more involved when policy decisions that affect agriculture are being considered as there is no representation on the Board by agriculture. Lindsay Coolidge, Tracy James-Hockin UOIT Comprehensive university offering over 76 unique market-oriented programs 46 undergraduate, including 18 pathways programs, 30 graduate programs, both the Master's and PhD levels. This presentation to brief the Ag Committee members meeting with University Department Heads on research opportunities in the field of agriculture and hope they relate to the different programs offered by the University. Brian West, TransCanada Pipeline, East Mainline An overview of the project, TransCanada is seeking approval for a new pipeline corridor (mostly adjacent to the existing corridor) across Southern Ontario including 32 kilometres of Clarington. The pipeline enters Clarington north of the 7t" Concession and traverses the rural area exiting Clarington north of the Highway 2 at the eastern limit. Nicole Zambri, Faye Langmaid, Proposed Official Plan A detailed presentation on the Official Plan was provided, on the process to date and foundation of the Plan plus community input. The basis of the plan is the Natural Heritage System and then other land uses are laid over top. Faye reviewed in the change from the two tiers of Agriculture to the proposed Prime Agriculture and Rural. Paul Ruttan, Melvin Ramcharitar, Dave Keys — Blackbird Infrastructure Consortium and Dawnett Allen, Chris Brown — MTO Introduction of the Blackbird team, the Infrastructure group are the designers and the Construction group are constructors, the client is Infrastructure Ontario (with MTO). This Project will cost approximately $1.2 billion, which will include design, construction and Operations, Maintenance and Rehabilitation of Highway 407 and Highway 418 for 30 years after Phase 2A of the Project is open to traffic. This project is proceeding under Infrastructure Ontario's Design, Build Finance and Maintain model. Highway 407 and Highway 418 will be owned by the Government of Ontario. Laura Knox, CBOT and Basia Radmonski, Communications Promotion pieces on agriculture by Clarington Board of Trade and the Municipality of Clarington. Some pieces are created for a very specific audience, others are general. Opportunities to promote were identified for the calendar of events, tourism and how messaging can be promoted through social media such as twitter and Facebook. Betty Khattab, Management Development Centre, University of Ontario, Institute of Technology In response to the inquiries made by the Agriculture committee and the meetings earlier this year with some of the Deans at the University, the "Agricultural Leadership Certificate Program" has been designed to address the needs of young entrepreneurs involved in agriculture. First program will start in January of 2016. Evan Elford, Specialty Crops Specialist, Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) The presentation was specifically about the growing of hops, harvesting, and marketing. OMAFRA carry out trials and are resources for many speciality crops. Sara Munoz, Ontario Society for the Prevention of Cruelty to Animals (SPCA) Sara Munoz provided an overview on how a farm can be licensed by the SPCA, the process, costs and benefits of obtaining such a certification. Application By: Heather Holt Zoning By-law Amendment to permit the creation of an additional lot through reductions in lot frontage and yard setbacks Public Meeting: January 11, 2016 Clarington Planning Services Department Site Location Context 6M 11 bl 4,7 140 1 07 Lord L -14n 14� Ll 1 Centre for T Lord Indivi6al - 20 Elgin Studies, ti 4 4 701,18 01 -26 0 Park o 0 0 FOURTH STREET 141 Al VI IE SUMMERFIE-L BACKGROUND EXISTING LOT FRONTAGE • 127 Elgin St. —19.04 m • 131 Elgin St. —18.29 m PROPOSED LOT FRONTAGE • 127 Elgin St. —12.68 m •New lot -12.21m •131 Elgin St. -12.44m Lord, Elgin g Lord Elgin Centre y. Par for Individual Studies FOURTH STREET IV Y LU i~ k LU ,. W U) z = W No.131 One Storey Brick House Lands To 12.44 m Be Retained I� IMF 5.85 m Lan • s T • 6e Seuer d 6.36 m Lands T Be Severed Lands To 12.68 m Be Retain d _ Frame Garage zan Mso-:;�� No.127 One Storey Frame House - r °THIRD STREET ZBA 2015-0024 Comments One Resident Comments • two subject properties are in poor condition and rentals • Increasing the density here would cause traffic and parking problems Agency Comments • no objections Clarington Department Comments • no objections subject to conditions to be addressed through the consent application Application By: Lanarose Properties Ltd. Proposed Draft Plan of Subdivision and Zoning By-law Amendment to permit four single detached dwellings and one block for five townhouse units. Public Meeting: January 11, 2016 Clarington Planning Services Department /V j i y Z LLQ LU + 2 ►' ..... FPW • /VATHQ _ CREFS FLoblaws o ONNG r 1s Cr - Proposed Connection of Bonathon Crescents Uj �. Subject Site ❑ w �' S w Cl)r _ �. m �❑ = . m r °o Lot ' - r t 1 Lot 2 r 5 Townhouse Lot 3 Units Lot 4 9 Existing Lots for } t 9 Single Detached Dwellings = _, A *4Q z -�f 0 ZBA 2015-0025 CSC 2015-0003 Public Input and Agency Comments •Public Comment •Agency and Department Comments Comments • Completion of Bonathon Crescent • Permit development of a total of 13 single detached dwellings and 5 townhouses •Minimize disruption to existing residents /V j i y Z LLQ LU + 2 ►' ..... FPW • /VATHQ _ CREFS FLoblaws o ONNG r 1s Cr - Proposed Connection of Bonathon Crescents Uj �. Subject Site ❑ w �' S w Cl)r _ �. m �❑ = . m r °o Lot ' - r t 1 Lot 2 r 5 Townhouse Lot 3 Units Lot 4 9 Existing Lots for } t 9 Single Detached Dwellings = _, A *4Q z -�f 0 ZBA 2015-0025 CSC 2015-0003