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Committee
Agenda
Date: February 1, 2016
Time: 7:00 PM
Place: Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
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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(cclarin ton.net.
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the Accessibility Coordinator, at 905-623-3379 ext. 2131.
Audio Record: The Municipality of Clarington makes an audio record of Planning and
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Copies of Reports are available at www.clarington.net
Planning and Development Committee Agenda
Date: February 1, 2016
Time: 7:00 PM
Place: Council Chambers
iIU. 67T'_Cm
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 January 11, 2016
7 Public Meetings
No Public Meetings
8 Delegations
6-1
8.1 Clifford Curtis, PSD -014-16, Regarding Amendment No. 104 to the Clarington Official
Plan to Delete an Elementary School Site in the Worden East Neighbourhood
Amendment to the Worden East Neighbourhood Design Plan Applications.Submitted
by H&H Properties Inc.
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
CkldflgOR
Planning and Development Committee Agenda
Date: February 1, 2016
Time: 7:00 PM
Place: Council Chambers
12 Planning Services Department Reports
12.1 PSD -010-16 Applications for Zoning By-law Amendments to Permit 5 12-1
Single Detached Dwelling and 1 Linked Dwelling Lots on
Holyrod Drive in Courtice
12.2 PSD -011-16 Blue Dot Movement
12-16
12.3 PSD -012-16 An Application by Heather Holt to Permit One Additional 12-36
Single Detached Dwelling by Reductions in Frontage and
Setback Requirements
12.4 PSD -013-16 Year End Planning Applications
12-47
12.5 PSD -014-16 Amendment No. 104 to the Clarington Official Plan to Delete 12-58
an Elementary School Site in the Worden East
Neighbourhood Amendment to the Worden East
Neighbourhood Design Plan Applications Submitted by H&H
Properties Inc.
12.6 PSD -015-16 Applications by H & H Properties Inc. to Develop 68 Low 12-73
Density Multi -Unit Residential Dwellings and 9 Single
Detached Units
13 New Business — Consideration
14 Unfinished Business
No Reports
15 Confidential Reports
No Reports
16 Adjournment
Page 2
Planning and Development Committee
ClaringtonMinutes
January 11, 2016
Minutes of a meeting of the Planning and Development Committee held on Monday,
January 11, 2016 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 C. Traill, Councillor W. Woo
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
There were no new business items added to the Agenda.
3 Adopt the Agenda
Resolution #PD -001-16
Moved by Councillor Cooke, seconded by Mayor Foster
That the Agenda for the Planning and Development Committee meeting of
January 11, 2016 be adopted as presented.
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.
6 Adoption of Minutes of Previous Meeting
Resolution #PD -002-16
Moved by Mayor Foster, seconded by Councillor Hooper
That the minutes of the regular meeting of the Planning and Development Committee,
held on December 7, 2015, be approved.
Carried
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Applicant: Heather Holt
Report: PSD -001-16
Robert Russell, Planner, made a verbal and electronic presentation to the Committee
regarding the application.
No one spoke in opposition to the application.
Dan Dissanayake, D.G. Biddle and Associates, spoke on behalf of the applicant. Mr.
Dissanayake thanked staff for processing the application. He explained that they have
submitted applications to the Region of Durham Land Division Committee, in addition to
applying for a Zoning By-law amendment. Mr. Dissanayake continued by explaining the
main issue has been the reduced lot sizes due to the proposed land severances. He
added that the retained portions of 131 Elgin Street on the north lot will have a 12.44
metre lot frontage which complies with the minimum requirement for semi-detached lots.
Mr. Dissanayake added that the proposed middle and south lots have a proposed
frontage of 12.21 and 12.68 metres, which is less than the 15 metre requirement. He
explained that these lots are noted as being in the low end of a range and represent a
marginal decrease. Mr. Dissanayake added that several of the surrounding lots do not
meet the 15 metre requirement. He e,'xplained that this application meets the
requirements of the four minor variance tests and meet the intent of the Zoning By-law
and the Official Plan. Mr. Dissanayake concluded by advising that this application is
considered minor in nature, compatible with the existing neighbourhood, and is
consistent with both Regional and Provincial policies.
7.2 Application for a Proposed Zoning By-law Amendment
Applicant: Lanarose Properties
Report: PSD -002-16
Cynthia, Strike, Principal Planner, made a verbal and electronic presentation to the
Committee regarding the application.
No one spoke in opposition to the application.
Beth Kelly, Valiant Rental Properties, spoke to the application. She explained that they
are the commercial property owners to the east of the -site. Ms. Kelly added they are
requesting that new homeowners be advised, prior to purchasing these homes, that
there could be future redevelopment of the property owned by Valiant Rental Properties.
Kelvin Whalen, Lanarose Properties, spoke to the application. Mr. Whalen advised the
Committee he was available to answer any additional questions regarding the
application.
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Planning and Development Committee
Clairington-,
Minutes
January 11, 2016
8 Delegations
6.1 Brenda Metcalf, Chair, Agricultural Advisory Committee of Clarington,
Regarding an Annual Update
Brenda Metcalf, Chair, Agricultural Advisory Committee of Clarington (AAC) was present
to provide an annual update of the Agricultural Advisory Committee of Clarington. She
made a verbal presentation to accompany a handout. Ms. Metcalf thanked the
Committee for the opportunity to speak and the municipal staff for their work with the
AAC. She reviewed the accomplishments of the AAC for 2015, which included
highlights, events, and presentations at their meetings. She explained the importance of
the farming industry and the very small portion of land that is available for farming with a
demonstration that included the use of props.
Resolution #PD -003-16
Moved by Councillor Cooke, seconded by Councillor Hooper
That the Rules of Procedure be suspended to allow the delegation of Brenda Metcalf to
be extended for an additional two minutes.
Carried
Ms. Metcalf concluded by thanking the Committee for their continued support and
sharing in their passion for agriculture.
Resolution #PD -004-16
Moved by Mayor Foster,. seconded by Councillor Partner
That the delegation of Brenda Metcalf, Chair, Agricultural Advisory Committee of
Clarington, regarding an annual update, be received with thanks; and ,
That the Agricultural Advisory Committee, Councillor Partner, and Staff be thanked for
their efforts working on agricultural matters.
Carried
9 Communications - Receive for Information
There are no Communications to be received for information.
10 Communications — Direction
There are no Communications to be received for direction.
11 Presentations
No Presentations
W11
6-3
PlCladyngtonanning and Development Committee
Minutes
January 11, 2016
12 Planning Services Department Reports
12.1 PSD -001-16 An Application by Heather Holt to Permit One Additional Single
Detached Dwelling by Reductions in Lot Frontage and Yard Setback
Requirements
Resolution #PD -005-16
Moved by Councillor Hooper, seconded by Councillor Neal
That Report PSD -001-16 be received;
That the proposed application for Rezoning ZBA2015-0024 continue to be processed
including the preparation of a subsequent report;
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
That all interested parties listed in Report PSD -001-16 and any delegations be advised
of Council's decision.
Carried
12.2 PSD -002-16 An Application by Lanarose Properties Ltd. (The Kaitlin Group)
to Permit Four Single Detached Dwellings and One Block for Five
Townhouses in Bowmanville
Resolution #PD -006-16
Moved by Councillor Neal, seconded by Councillor Hooper
That Report PSD -002-16 be received;
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
That all interested parties listed in Report PSD -002-16 and any delegations be advised
of Council's decision.
Carried
6-4
Planning and Development Committee
Clarington I Minutes
January 11, 2016
12.3 PSD -003-16 Community Improvement Annual Report for 2015
Resolution #PD -007-16
Moved by Mayor Foster, seconded by Councillor Partner
That Report PSD -003-16 be received;
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
That all interested parties listed in Report PSD -003-16 and any delegations be advised
of Council's decision.
Carried
12.4 PSD -004-16 Environmental Stewardship, 2015 Annual Report
Resolution #PD -008-16
Moved by Councillor Partner, seconded by Councillor Traill
That Report PSD -004-16 be received for information.
Carried
12.5 PSD -005-16 Heritage Incentive Grant, 2015 Annual Report
Resolution #PD -009-16
Moved by Councillor Hooper, seconded by Councillor Neal
That Report PSD -005-16 be received for information.
Carried
12.6 PSD -006-16 Appeal to the Ontario Municipal Board of a Decision of the
Committee of Adjustment of November 5, 2015
Resolution #PD -010-16
Moved by Mayor Foster, seconded by Councillor Hooper
That Report PSD -006-16 be received; and
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.
Carried
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6-5
Planning and Development Committee
ciariR--Minutes
January 11, 2016
12.7 PSD -007-16 Applications by South Bowmanville Ltd. for Proposed Draft
Plan of Subdivision and Rezoning to Permit 60 Single Detached Dwellings
Resolution #PD -011-16
Moved by Mayor Foster, seconded by Councillor Hooper
That Report PSD -007-16 be received;
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;
That the Zoning By-law Amendment application submitted by South Bowmanville Ltd. be
approved as contained in Attachment 3 to Report PSD -007-16;
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;
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
r
That all interested parties listed in Report PSD -007-16 and any delegations be advised
of Council's decision.
Carried
12.8 PSD -008-16 Clarington Transformer Station — Additional Professional
Services
Resolution #PD -012-16
Moved by Councillor Neal, seconded by Councillor Partner
That Staff be directed to engage SLR Consulting to do Phase 1 of the analysis of the
tritium in the wells in the vicinity of the Clarington Transformer Station, in accordance
with the SLR°s January 5, 2016 letter, with the funds to be paid from the Hydro One
Commitment to Clarington.
Motion Lost
Later in the meeting
(See following motions)
M
CM
Planning and Development Committee
Clad a g- tonMinutes
January 11, 2016
Recess
Resolution #PD -013-16
Moved by Councillor Hooper, seconded by Councillor Cooke
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 8:55 PM with Councillor Woo in the Chair.
Clarington Transformer Station — Additional Professional Services — Continued
Suspend the Rules
Resolution #PD -014-16
Moved by Councillor Hooper, seconded by Councillor Cooke
That the Rules of Procedure be suspended to allow Members of Committee to speak to
the matter of the foregoing Resolution #PD -012-16 a second time.
Carried
The foregoing Resolution #PD -012-16 was then put to a vote and lost.
Resolution #PD -015-16
Moved by Councillor Traill, seconded by Councillor.Partner
That Phase 1 of a Tritium Assessment, as outlined in correspondence from Steve Usher,
SLR Consulting, dated January 5, 2016, contained as Attachment 5 to Report
PSD -008-16, be approved;
That Phase 1 be funded from the Hydro One Commitment; and
That Phase 2 and 3 of a Tritium Assessment be given pre -budget approval from the
2016 Budget.
Carried
12.9 PSD -009-16 Kawartha Pine Ridge School Board Surplus Property Sale
Ontario Street School —116 Ontario Street. Bowmanville
Resolution #PD -016-16
Moved by Councillor Hooper, seconded by Mayor Foster
That Report PSD -009-16 be received;
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PlClarbsqo-aanning and Development Committee
Minutes
January 11, 2016
That the Kawartha Pine Ridge District School Board be advised that the Municipality has
no interest in purchasing Ontario Street Public School;
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
That the Kawartha Pine Ridge District School Board and any delegations be advised of
Council's decision.
Carried
13 New Business — Consideration
There were no New Business Item to be considered under this Section of the Agenda.
14 Unfinished Business
14.1 COD -001-16 Courtice Main Street Community Improvement Plan
[Referred from the January 4, 2106 General Government Committee
Meeting]
Resolution #PD -017-16
Moved by Councillor Neal, seconded by Councillor. Cooke
That Report COD -001-16 be received;
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
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
Carried
15 Confidential Reports
There were no Confidential Reports scheduled under this Section of the Agenda.
�:3
Planning and Development Committee
�■r
16 Adjournment
Resolution #PD -018-16
Moved by Councillor Partner, seconded by Councillor Neal
That the meeting adjourn at 9:27 PM.
Chair
Carried
M
Minutes
January 11, 2016
Deputy Clerk
{
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: February 1, 2016
Report Number: PSD -010-16 Resolution Number:
File Number: ZBA2015-0001 and ZBA2015-0017 By-law Number:
Report Subject: Applications for Zoning By-law Amendments to permit 5 single
detached dwelling and 1 linked dwelling lots on Holyrod Drive in
Courtice
Recommendations:
That Report PSD -010-16 be received;
2. That the Zoning By-law Amendment application submitted by H & H Building Corporation
(Valleymore Land Corp.) be approved as contained in Attachment 1 to Report PSD -010-
16;
3. That the Zoning By-law Amendment application submitted by LDB Holdings Ltd. be
approved as contained in Attachment 2 to Report PSD -010-16;
4. That a by-laws) be forwarded to Council to lift the 'Holding (H) Symbol' at such time as
the applicants enter into an agreement with the Municipality to the satisfaction of the
Director of Planning Services;
5. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD -010-16 and
Council's decision; and
6. That all interested parties listed in Report PSD -010-16 and any delegations be advised of
Council's decision.
12-1
Municipality of Clarington
Report PSD -010-16
Report Overview
e2
D.G. Biddle and Associates, on behalf of H & H Building Corporation (Valleymore Land Corp.)
and LDB Holdings Ltd., have submitted separate applications to amend Zoning By-law 84-63
to permit 5 single detached dwelling lots and 1 linked dwelling lot on Holyrod Drive in Courtice.
The proposed lots were identified generally in the Hancock Neighbourhood Secondary Plan
and the services installed when the Courtice North subdivision's services were constructed.
The Environmental Impact Study submitted by the applicants indicates no foreseen negative
impacts on the environmentally sensitive areas surrounding the proposed lots. Staff
recommends approval of the zoning by-law amendment applications.
1. Application Details
1.1. Owner/Applicant
Application ZBA2015-0001 — (Cross Reference: LD2015-107 to LD2015-110) H & H
Building Corporation (Valleymore Land Corp.).
Application ZBA2015-0017 — (Cross Reference: LD2015-10 and LD2015-111) LDB
Holdings Ltd.
1.2. A ent
D.G. Biddle & Associates Ltd. (both applications).
1.3. Proposal
ZBA2015-0001 proposes to rezone the western portion of 3359 Courtice Road to permit 3
single detached dwellings and 1 linked dwelling lot fronting onto Holyrod Drive. The
lands will be added to Block 81 of Plan 40M-2496 which fronts onto Holyrod Drive.
ZBA2015-0017 proposes to rezone a portion of 3325 Courtice Road to permit 2 single
detached dwelling lots fronting onto Holyrod Drive.
1.4. Area
ZBA2015-0001 (3359 Courtice Road) is 1.01 hectare (2.5 acres).
ZBA2015-0017 (3325 Courtice Road) is 1.23 hecatre (3.03 acres).
1.5. Location
3359 and 3325 Courtice Road, Part Lot 28, Concession 3, former Township of Darlington.
1.6. Within Built Boundary
Yes, the lands to be added to Block 81 are within the Built Boundary.
12-2
Municipality of Ciarington
Report PSD -010-16 Page 3
c1-1 1 � �� 01
The subject lands are within the Hancock Neighbourhood. The two phases of the
subdivision, known as Courtice North, which are north and. east of the subject lands were
approved in 2013 and 2014. The subject lands were not owned by the developer of the
subdivision when it was approved; however, the Hancock Neighbourhood Design Plan
that was revised and supported by Council in April 2013, indicated future lots on the
subject lands fronting onto the road, now known as Holyrod Drive (see Figure 2). Block
81 was created in Plan 40M-2496, which is a narrow strip on the west side of Holyrod
Drive in anticipation of creating the future lots.
When the services and the roads for Courtice North were being constructed the subject
lands had services installed in anticipation of the future severances and to prevent
Holyrod Drive from having to be dug up and reconstructed. During the design of the
subdivision an area was also identified for overland flow to ensure proper management of
stormwater for the subdivision. This overland flow area is identified between two of the
proposed lots. The first portion of this overland flow area was identified and conveyed to
the Municipality when Block 81 was created and the subdivision was registered. The
remainder of the overland flow lands will be required to be conveyed to the Municipality
after it is constructed by the applicants through the related severance process.
The subject lots are adjacent to environmentally sensitive lands, Special Policy Area 7 in
the Official Plan.
In the summer of 2015, the applicants submitted applications to Durham Region Land
Division Committee for the proposed severances. The applications were tabled until
complete zoning by-law amendment applications were received and the Environmental
Impact Study was reviewed by the Central Lake Ontario Conservation Authority and
municipal staff. Complete rezoning applications were received at the end of October
2015.
On November 16, 2015, the Durham Region Land Division Committee conditionally
approved the land severance applications associated with application ZBA2015-0001,
3359 Courtice Road. Staff indicated a number of conditions that would need to be met
prior to final approval of the land division applications, including approval of the rezoning
of the lands. The land severances for application ZBA2015-0017 are still tabled and
waiting to be brought back forward before the Land Division Committee.
A public meeting was held on December 7, 2015 to provide an opportunity for the public
to provide feedback on the applications. Four residents submitted written comments or
contacted staff by phone prior to the meeting and one resident spoke at the meeting.
3. Land Characteristics and Surrounding lyses
3.1 The subject lands are located on the west side of the southern end of Holyrod Drive in the
Courtice North subdivision. Holyrod Drive has been constructed and services installed
for the proposed lots on the subject lands when the services were installed within
registered subdivision plan 40M-2496, Phase 1 a of the Courtice North subdivision.
12-3
Municipality of Clarington
Report PSD -010-16
Page 4
The Courtice North subdivision is currently being developed with majority of the homes
being completed or under construction.
Figure 1: Aerial Photo of Subject Lands
3.2 The surrounding uses are as follow:
North: Urban Residential — single detached dwellings
South: Environmental Protection lands
West: Urban Residential — single detached dwellings and Environmental Protection
lands identified as Special Policy Area 7
East: Urban Residential — currently vacant
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement 2014 identifies "Settlement Areas" as the focus of
growth. Land use patterns shall be based on densities and a mix of land uses that
efficiently use land, resources and infrastructure. Furthermore, planning authorities shall
12-4
Municipality of Clarington
Report PSD -010-16
promote opportunities for intensification where this can be accommodated taking into
account the availability of suitable existing or planned infrastructure and public service
facilities required to accommodate projected needs.
The Provincial Policy Statement 2014 states that natural features and areas shall be
protected for the long term and the diversity and connectivity of natural features, and the
long-term ecological function and biodiversity of natural heritage systems, should be
maintained, restored or, where possible, improved, recognizing linkages between and
among natural heritage features and areas, surface water features and ground water
features. Development in and around these features is not permitted unless it has been
demonstrated that there will be no negative impacts on the natural features or their
ecological functions.
The application is consistent with the Provincial Policy Statements.
4.2 Provincial Growth Plan
The Growth Plan for the Greater Golden Horseshoe, 2006 contains guiding principles to
optimize the use of existing and new infrastructure to support growth in a compact,
efficient form. The Growth Plan also provides direction for the Municipality to manage
growth by directing development to settlement areas, preferably through the
intensification of existing lands, and that a minimum of 40% of all residential development
occurring annually within each upper -tier municipality be within the "Built-up Area".
The subject lands are located within the provincially defined "Built Boundary" where
intensification and efficient utilization of existing infrastructure is encouraged.
Natural heritage systems and natural features are to be identified by municipalities and
protected for the long term.
The application is consistent with the Provincial Growth Plan.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the lands as "Living Areas", which shall be
used predominately for housing purposes that will be developed in a cost-effective and
efficient manner and create a living environment that is safe and in harmony with nature.
The proposed application utilizes existing infrastructure efficiently.
This proposal conforms with the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands Urban Residential — Low
Density and Special Policy Area 7. The lands are located within the Hancock
Neighbourhood Design Plan.
12-5
Municipality of Clarington
Report PSD -010-16
HOLYROD DRIVE
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Study
a
Area 7
i U
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I
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LL
AMM -1-1111401.
Green Space
Future,Road
Proposed Lots
Page 6
Green Space
Servicing Corridor
(Pedestrian Trail)
GEORGE REYNOLDS DR
Figure 2: Proposed lots in Hancock Neighbourhood Plan
NOWNUMMUMMI
zea 2015-0001
ZBA2015-0017
Special Policy Area 7 is the location of a tributary to the Black Creek, known as the
Macourtice Tributary. This tributary is considered indirect fish habitat, lies adjacent to a
part of the Provincially Significant Wetland and forms part of the hydrological function of
the neighbourhood. The Official Plan indicates that the exact alignment of this tributary
may be the subject of further studies to identify natural features and appropriate buffers
from these features. Subject to additional study lands identified as "Environmental
Protection Area" within Special Study Area No. 7 may be developed fo.r residential uses
subject to the study defining feature limits and appropriate buffers.
The portion of the lands currently subject to the rezoning applications are consistent with
the lots shown in the Hancock. Neighbourhood Design Plan that was supported by
Council. The applicants have submitted an Environmental Impact Study identifying the
Macourtice tributary and the Provincially Significant Wetland in Special Policy Area 7.
This application conforms to the Clarington Official Plan.
12-6
Municipality of Clarington
Report PSD -010-16 Page 7
6. Zoning Bylaw
Zoning By-law 84-63 zones the subject lands as Agricultural (A) and Environmental
Protection (EP). The Agricultural zone permits rural development including single
detached dwellings on large lots. The Environmental Protection zone does not permit
development for residential purposes. Block 81 of Plan 40M-2496, which abuts Holyrod
Drive for 3 of the proposed single detached dwellings and the linked dwellings, is zoned
"Holding — Urban Residential Exception ((H)R2-78) which permits single detached
dwellings with a minimum 12 metre frontage. The holding symbol would be removed by
by-law once the applicants entered into an agreement with the Municipality.
The proposed Zoning By-law amendment would allow for 5 single detached dwellings
with a minimum lot frontage of 12 metres and 1 linked dwelling lot with a minimum lot
frontage of 18 metres, matching the majority of the lots in the subdivision surrounding the
subject lands.
7. Summary of Background Studies
Environmental Impact Stud
The applicants submitted an Environmental Impact Study that was scoped to look
specifically at the creation of lots with a depth of 43 metres on the west side of Holyrod
Drive. The scoped Environmental Impact Study was undertaken to provide a description
and evaluation of the existing natural environment conditions, to screen for species at risk
and rare species, identify potential environmental impacts and to recommend mitigation
measures to protect, restore and enhance the natural environment.
The study concluded the proposed lots maintain greater than 30 metre setback from the
Macourtice tributary and the Provincially Significant Wetland to the south of the proposed
development. Also, no wetland indicator species or features were observed in the area of
the proposed development.
Several plant species listed as rare or uncommon in Durham Region and the Greater
Toronto Area were observed on the subject lands. Several individual plants were
salvaged and re -planted in a suitable location not far from the subject lands.
After the field work for the study was completed the applicants indicated that they would
like to increase the proposed lot depths to 47 metres. The applicants have submitted an
addendum to the original report that indicates further plant salvage and replanting
occurred in the fall of 2015 for the areas of the proposed lots where transplanting did not
originally occur. The addendum indicated that the most recent transplants occurred onto
the property at 3325 Courtice Road and a management plan should be created to ensure
this area is managed properly. Creation of a management plan can be included as a
condition of the severances for the southern 2 lots, at 3325 Courtice Road, which are
currently tabled by the Land Division Committee.
12-7
Municipality of Clarington
Report PSD -010-16 Page 8
The study also indicate the applicants proposed the following mitigation measures:
® All roof leaders are to be directed towards grade to allow infiltration; and
® 300mm of topsoil is proposed to be placed in the rear yards to promote infiltration
before runoff is directed to the Macourtice tributary.
8. Public Submissions
At the public meeting on December 7, 2015, one resident addressed the Planning and
Development Committee indicating that they were informed by the former owner of their
house that a permanent fence would be installed as part of the subdivision development
at the rear of their property which fronts onto Hancock Road and extends to the service
corridor connecting Harry Gay Drive and George Reynolds Drive. The final subdivision
and service corridor plans do not indicated any permanent fencing along the service
corridor. Silt screen fencing which was installed during the construction of the service
corridor is used as a temporary sediment control measure but is not meant to be
permanent. In addition staff confirmed with the Central Lake Ontario Conservation
Authority that the area on both sides of the service corridor is a natural linkage area for
wildlife in the area and they would not want to see permanent chain link or board fencing
in this area. Staff has provided the information outlined above to the resident.
Prior to the public meeting staff received inquiries from area residents. The concerns
related to the proposed lot depth, compatibility of the proposed development with the
surrounding neighbourhood, increased traffic, protection of the environmentally sensitive
areas surrounding the proposed lots and the perception that Courtice was being over
developed.
The proposed development will be zoned the same as many of the lots in the surrounding
subdivision and will be similar in nature. The proposed lot depth was determined once
the setbacks for the environmentally sensitive areas were determined through the
Environmental Impact Study. The Environmental Impact Study indicates the proposed
lots can be a depth of 47m and have no foreseen negative impacts on the surrounding
environmentally significant features.
The proposed lots were planned as part of the development of this neighbourhood. Staff
does not expect the proposed development will increase traffic levels significantly in the
subdivision.
9. Agency Comments
9.1 Regional Municipality of Durham
The Region of Durham have no objection to the creation of the proposed lots under the
application.
fPAM:3
Municipality of Clarington
Report PSD -010-16 Page 9
9.2 Central Lake Ontario Conservation Authority
The Central Lake Conservation Authority provided comments indicating that they were
satisfied with the findings in the Environmental Impact Study and were satisfied with the
mitigation measures proposed for the plant salvage.
The comments also indicated concern regarding the grading of the most southerly lot
(part of LDB Holdings Ltd. application) and the maintenance of the overland flow area
(part of H&H Building Corp application).
The overland flow route maintenance was addressed by staff when providing comments
on H&H Building Corp. severance applications. The conditional approval issued by the
Region included a condition of a maintenance easement in favour of the Municipality.
The applicant has provided permission for grading on the property south of the proposed
lot. The Conservation Authority is now satisfied regarding these issues.
9.3 Kawartha Pine Ridge District School Board
The Kawartha Pine Ridge District School Board have no objections to the creation of the
proposed lots under the application. It was noted that any students generated by the
proposed dwellings would attend Courtice North Public School (JK -8) and Courtice
Secondary School (9-12).
10. Departmental Comments
10.1 Engineering Services
Engineering Services has reviewed the application and has no objections in principle.
Engineering Services has provided a number of conditions that must be met as part of
the Land Division applications.
10.2 Emergency and Fire Services
Emergency & Fire Services have reviewed the application and advised that they have no
objections or concerns with the application.
11. Discussion
The applicants are proposing to amend Zoning By-law 84-63 to permit the creation of 5
single detached dwelling lots and 1 linked dwelling lot by rezoning the subject lands from
Agricultural to an appropriate Urban Residential zone.
The proposed Zoning By-law Amendment conforms with all applicable Provincial policy
and the policies of both the Durham Region Official Plan and the Clarington Official Plan.
The proposed lots were generally identified when the Hancock Neighbourhood Design
Plan was updated and considered by Council in 2013. The services for the proposed lots
were installed in 2014 at the same time as the services for the subdivision to the north,
which is continuing to develop.
12-9
Municipality of Clarington
Report PSD -010-16 Page 10
The scoped Environmental Impact Study, reviewed by Central Lake Ontario Conservation
Authority staff and municipal staff, concluded that there would be no negative
environmental impacts as a result of the proposed development. An addendum report to
the original study indicated further plant salvage has been undertaken and that a
management plan for an area at 3325 Courtice Road, where the transplants occurred,
should be created. The recommendations for the study will be incorporated when issuing
conditions of the severance applications.
Staff recommends zoning a portion of the subject lands to the west and south of the
proposed lots Environmental Protection to match the Official Plan designation and
Hancock Neighbourhood Design Plan. The lands are designated Special Policy Area 7 in
the Official Plan which states that an Environmental Impact Study is required prior to any
development. Should the applicants submit future applications to rezone the western
portion of their lands, an Environmental Impact Study will be required to determine the
limits of the Environmental Protection area and any features and setbacks to them. This
may result in the Environmental Protection zone boundary being adjusted in the future
once a study determines the exact limits.
The lands located at 3359 Courtice Road would be required to be added to Block 81 in
Plan 40M-2496 to create the proposed lots fronting onto the west side of Holyrod Drive.
Once the land division conditions are met, including the rezoning, Block 81 would then
need to go through Part Lot Control to divide it into the appropriate widths for each lot.
The southern 2 lots on 3325 Courtice Road already have frontage onto the west side of
Holyrod Drive.
Staff recommends placing a holding symbol on the rezoning to ensure all conditions
required prior to development are met. The applicants will be required to enter into an
agreement with the Municipality dealing with issues normally set out in subdivision
agreements. Once the applicants enter into an agreement with the Municipality to the
satisfaction of the Director of Planning Services, staff will forward a by-law to Council to
remove the holding symbol.
The lots were generally identified in 2013 when the Hancock Neighbourhood Design Plan
was revised and considered by Council. The scoped Environmental Impact Study
submitted by the applicants provide more detail on the exact limits of the lots in relation to
the environmentally significant areas to the west and south. No departments or agencies
have any objection to the applications.
12. Concurrence
Not Applicable
13. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the applications to permit 5 single detached lots and 1 linked dwelling lot be
approved.
12-10
Municipality of Clarington
Report PSD -010-16
14. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan by managing
growth.
Submitted by: Reviewed by:9r
Dav rome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler@clarington.net
Attachments:
Attachment 1 — Proposed Zoning By-law Amendment for ZBA2015-0001 H & H Building
Corporation (Valleymore Land Corp.)
Attachment 2 - Proposed Zoning By-law Amendment for ZBA2015-0017 LDB Holdings Ltd.
The following is a list of the interested parties to be notified of Council's decision:
Michael Fry, D.G. Biddle & Associates
Hannu Halminen; H & H Building Corporation (Valleymore Land Corp
Derek Baird, LDB Holdings Ltd.
Christine Allenby
Ronald Olsen
James Finnigan
Laura Gallagher
Lynn Weatherbee
BW/FL/df
12-11
Attachment 1 to
Municipality of Clarington Report PSD -010-16
Corporation of the Municipality of Clarington
By-law Number 2016-,
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA
2015-0001; and
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
Schedule '4' to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from "Agricultural (A) Zone" to "Holding - Urban Residential Exception
((H)R2-78) Zone", from "Agricultural (A) Zone" to "Holding - Urban Residential Exception
((H)R1-90) Zone", from "Agricultural (A) Zone" to "Environmental Protection (EP) Zone",
and from "Holding- Urban Residential Exception ((H)R2-78) Zone" to "Holding - Urban
Residential Exception ((H)R1-90) Zone" as illustrated on the attached Schedule `A'
hereto.
2. Schedule 'A' attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
By -Law passed in open session this day of
12-12
, 2016
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2016- , passed this day of , 2016 A.D.
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Zoning Change From "A" To "EP"
Zoning To Remain "A"
Adrian Foster, Mayor Courtice - ZBA 2015-0001 - Schedule 4 C. Anne Greentree, Municipal Clerk
Attachment 2 to
Municipality of Clarington Report PSD -010-16
Corporation of the Municipality of Clarington
By-law 2016 -
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA
2015-0017; and
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from "Agricultural (A) Zone" to "Holding - Urban Residential Exception
((H)R2-78) Zone" and from "Agricultural (A) Zone" to "Environmental Protection (EP)
Zone" as illustrated on the attached Schedule `A' hereto.
2. Schedule `A' attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By -Law passed in open session this day of
12-14
, 2016
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
Planning i
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: February 1, 2016
Report Number:
File Number:
ort Subject:
PSD -011-16
PLN 17.22
Blue Dot Movement
Resolution Number:
By -lave Number:
1. That Report PSD -011-16 be received;
2. That Council adopt the recommended Municipality of Clarington Declaration for The Right
to a Healthy Environment (Attachment 3); and
3. That all interested parties listed in Report PSD -011-16 and any delegations be advised of
Council's decision.
UNMI.
Municipality of Clarington
Report PSD -011-16 Page 2
Report Overview
This report provides background information to Council on the Blue Dot Movement, a
community-based movement that aims to see the right to a healthy environment enshrined in
the Canadian Constitution. To date, nearly 110 municipalities across Canada have passed
municipal declarations in response to the Blue Dot Movement. In Ontario, municipal
declarations are being tailored to reflect municipal priorities for environmental protection and
local circumstances. Should Council wish to show the Municipality's support for the Blue Dot
Movement, this report recommends that Council adopt a locally adapted declaration for the
right to a healthy environment.
1. Introduction
1.1 At a meeting held on May 11, 2015, Council received correspondence from the Town of
Ajax regarding their resolution respecting the David Suzuki Foundation's Blue Dot
Movement. Council resolution #C-161-15 referred the matter to Staff.
1.2 The purpose of this report is to provide background information to Council on the Blue
Dot Movement. It also outlines the action that has been taken by other Ontario
Municipalities in response to the community based movement that aims to see the right
to a healthy environment, including the rights to fresh air, clean water and safe food,
enshrined in the Canadian Constitution.
2. Blue Dot Movement
2.1 The Blue Dot Movement is a national project of the David Suzuki Foundation. According
to the David Suzuki Foundation, more than half of the world's nations recognize their
citizens' right to a healthy environment through by-laws, declarations, legislation, charters
and constitutional provisions. This right includes:
- Breathing clean air, drinking clean water, consuming safe food;
- Accessing nature;
- Knowing about pollutants released into the local environment; and
- Participating in government decisions that will affect the environment.
2.2 Canada's Charter of Rights and Freedoms presently does not explicitly protect
environmental rights. The principle objective of the Blue Dot Movement is an
amendment to the Canadian Charter of Rights and Freedoms, enshrining every citizens'
right to a healthy environment alongside other human rights. As a Charter right it would
be binding on all levels of government.
2.3 The Blue Dot Movement represents a grassroots, community-based initiative. Individual
citizens and community groups are invited to join the movement by signing the Blue Dot
Petition, and to engage other community members to collectively take action. With
growing community support, citizens and community groups are encouraged to call upon
their local government to pass municipal declarations respecting people's right to live in a
12-17
Municipality of Clarington
Report PSD -011-16 Page 3
healthy environment. The Blue Dot Movement Model Municipal Declaration is provided
as Attachment 1.
2.4 On the basis of strong community and Municipal support, provincial and territorial
governments will be urged to pass environmental bill of rights. While Ontario is amongst
five Canadian provinces and territories that have environmental rights legislation
(Quebec, Ontario, Yukon, Northwest Territories and Nunavut), it is limited in scope. The
Blue Dot Movement is calling on the Ontario government to strengthen the provincial
environmental bill of rights legislation. Once seven out of ten provinces representing at
least 50 percent of the Canadian population have passed environmental bill of rights that
protect citizens' right to live in a healthy environment, the Blue Dot Movement will then
seek to engage the Federal Government and request that the Canadian Charter of
Rights and Freedoms be appropriately amended.
3. Adoption of Municipal Declarations
3.1 As of January 15, 2016, 106 municipalities across Canada have passed declarations
recognizing environmental rights. 23 Ontario municipalities, including Ajax, Oshawa,
Kawartha Lakes, Richmond Hill and Toronto, have adopted such a declaration. Ontario
jurisdictions have generally not adopted the original Model Declaration (Attachment 1) as
written. Based on considerations of legal jurisdiction and resource and financial capacity,
these municipalities have adopted modified declarations meeting local needs.
3.2 A jurisdictional scan completed by the City of Guelph in August 2015 is provided as
Attachment 2. It outlines modifications made to the Model Declaration by the 18 Ontario
municipalities who prior to this date had adopted a declaration for the right to a healthy
environment. Common modifications include:
• Adding acknowledgement of a commitment to protect the local environment in
municipal strategic plans;
Inclusion of a recognition of the municipalities' historical commitment to maintain a
healthy environment for citizens through municipal plans, policies, programs and
practices; and
Deletion or modification of sections 3, 4 and 5 regarding the application of the
precautionary principle,, the application of full cost accounting, and specification of
targets, timelines and actions for priority action areas, respectively.
3.3 Also as of January 15, 2016, 175 residents in the Municipality of Clarington have signed
on to support the Blue Dot Movement. To date, Council has not been approached by
local organizers requesting Council adopt a Blue Dot Movement municipal declaration.
3.4 Staff has reviewed the Blue Dot Model Declaration. Council's Strategic Plan and the
Municipality's plans, policies and actions in land use planning, transportation and
infrastructure, corporate energy management, natural heritage and open space
protection and enhancement, sustainability planning, and other areas generally align with
the principles of the Model Declaration. A declaration that more closely reflects our local
12-18
Municipality of Clarington
Report PSD -011-16 Page 4
vision, priorities, policies, programs and responsibilities is recommended for
consideration by Council (Attachment 3).
4. Financial Considerations
4.1 The recommended Municipality of Clarington Declaration (Attachment 3) does not have
any direct financial implications.
4.2 Proceeding with the Model Municipal Declaration would have resource implications
across Municipal Departments. For example, while the Municipality has and continues to
undertake numerous initiatives that align with the action areas listed in section 3 of the
Model Declaration, a corporate strategy addressing these specific priorities and including
objectives, targets, timelines and action plans, or modification to existing sustainability
strategies, would be necessary.
5. Concurrence
Not Applicable
6. Conclusion
6.1 The purpose of this report is to provide background information on the Blue Dot
Movement and the related action that has been taken by other municipalities in Ontario.
Since the initiation of the Blue Dot Movement in 2014, 175 Clarington residents have
signed the Blue Dot Petition for recognition of citizens' right to a healthy environment.
6.2 Should Council wish to show its support for the Blue Dot Movement by adopting its own
declaration recognizing the right to a healthy environment, a declaration reflecting
Municipal goals, priorities and initiatives, as well as legal jurisdiction and resource (both
physical and financial) capacity is recommended.
7. Strategic Plan Application
7.1 The right to a healthy environment aligns with the sustainability priority contained within
the Vision Statement for Council's Strategic Plan 2015-2018. Further, several priority
actions put forward by the Blue Dot Movement Model Declaration align with Council's
Strategic Priorities.
12-19
Municipality of Clarington
Report PSD -011-16 Page 5
Submitted by:
vi . Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
A-=�x
Franklin Wu,
Chief Administrative Officer
Staff Contact: Amy Burke, Senior Planner, 905-623-3379 ext. 2423 or aburke@clarington.net
Attachments:
Attachment 1 - Blue Dot Movement Model Municipal Declaration
Attachment 2 - Jurisdictional Scan (City of Guelph, August 2015)
Attachment 3 - Municipality of Clarington Declaration for The Right to a Healthy Environment
(Recommended)
The following is a list of the interested parties to be notified of Council's decision:
Jay Cuthbertson
Tom Shea
FL/AB/df
12-20
Attachment 1 t4
Municipality of Clarington Report PSD -011-11
Model Municipal Declaration
The Right To A Healthy Environment
Whereas the MUNICIPALITY understands that people are part of the environment, and that a healthy
environment is inextricably linked to the well-being of our community;
The MUNICIPALITY finds and declares that:
1. All people have the right to live in a healthy environment, including:
The right to breathe clean air
The right to drink clean water
The right to consume safe food
The right to access nature
The right to know about pollutants and contaminants released into the local environment
The right to participate in decision-making that will affect the environment
2. The. MUNICIPALITY has the responsibility, within its jurisdiction, to respect, protect, fulfill and
promote these rights.
The MUNICIPALITY shall apply the precautionary principle: where threats of serious or
irreversible damage to human health or the environment exist, the MUNICIPALITY shall take cost
effective measures to prevent the degradation of the environment and protect the health of its
citizens. Lack of full scientific certainty shall not be viewed as sufficient reason for the
MUNICIPALITY to postpone such measures
4. The MUNICIPALITY shall apply full cost accounting: when evaluating reasonably foreseeable costs
of proposed actions and alternatives, the MUNICIPALITY will consider costs to human health and
the environment.
5. By Dec 31st 2015, the MUNICIPALITY shall specify objectives, targets and timelines and actions
the MUNICIPALITY will take, within its jurisdiction, to fulfill residents' right to a healthy
environment, including priority actions to:
a. Ensure equitable distribution of environmental benefits and burdens within the
municipality, preventing the development of pollution "hot spots";
b. Ensure infrastructure and development projects protect the environment, including air
quality;
c. Address climate change by reducing greenhouse gas emissions and implementing
adaptation measures;
d. Responsibly increase density;
e. Prioritize walking, cycling and public transit as preferred modes of transportation;
12-21
f. Ensure adequate infrastructure for the provision of safe and accessible drinking water;
g. Promote the availability of safe foods;
h. Reduce solid waste and promote recycling and composting;
L Establish and maintain accessible green spaces in all residential neighbourhoods.
The MUNICIPALITY shall review the objectives, targets, timelines and actions every five (5)
years, and evaluate progress towards fulfilling this declaration.
The MUNICIPALITY shall consult with residents as part of this process.
6. The MUNICIPALITY shall send a letter to the provincial government and to the federal government
calling for the development of provincial and federal legislation that recognizes that all people have the
right to live in a healthy environment.
12-22
N
N _
�5+aft 'A- Tf4 C AC
Appendix 2
JURISDICTIONAL SCAN
Between February 2015 and August 2015, 16 Ontario municipalities have adopted Blue Dot Declarations. The following compares the
resolutions adopted against the original model declaration.
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- - -�eder2i�i)I .• �.
,�:.�' _?i:�° :=:iii _ ; �; _
:... :• u..._..
2015
by:
o Fostering education and
outreach
o Collaborating through
partnerships
o Supporting the
development of connected
communities
o Reporting progress
towards reaching goals
• footed council's approval of an
environmental strategy which
specified goals, objectives,
actions and timeframes to
support the commitment to a
Town: of Eris
. Support declared to promote the basic human
healthy environment
NA
NA
April 21, 2025
rights of citizens to drink clean water, breathe
fresh air and eat healthy food
• Declaration made to protect, and promote the
citizen's basic human right to a healthy
environment
Town of
• Modified Section 2:
• In order to advance the rights
Town staff be directed'to
Ajax
o In order to respect, protect, fulfill and
linked to providing a healthy
continue to engage. residents,
April 23, 2015
advance these rights within the Town's
environment that fall under the
local businesses and other
means and municipal responsibilities, the
responsibility of other levels of
stakeholders in the review of
Town shall continue to implement the
government, such as Durham
existing or development of new
principles, goals and polkles of its various
community and
Region or MinisV of the
Plans, Strategies and By-laws
corporate Plans, Strategies-
Environment an ,Climate
that support this Declaration,
and By-laws;
Change, the Town shall, where
and to report back to Council or
• Modified Section 4:
feasible and appropeiate,
a Committee of Council on the
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s•. - t:x,r,- r.?=.^.,:'u:F•;v;:-,...._.•_:law'—=.tro
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o The Tawn shaft take a precautionary
participate in undertakings by
r,�.,:,......:r-n:?:,:,o-;',,a..a'�a:^S!:'t�'1
actions taken by the Town to
approach, consider cost effective measures,
these other levels of
help achieve the objectives,
aim to prevent the degradation of the
government to help ensure
targets, and timelines In these
environment and aim to protect the health
their decisions protect the
Plans, Strategies and Sy -laws
of its citizens when making decisions that
health of the environment and
could impact human health or the
of all citizens.
environment.
Town calls upon the Federal
Modified Section 5: Targets not Identified and
Government to recognize that
language softened to read:
current and future generations
o The Town snail continue to implement its
of Canadians have the right to
community and corporate plans, strategies
live in a healthy environment
and 13y-Iaws to protect the local environment
by enshrining the tight to live
and support its citizens' right to a healthy
in a healthy environment in the
environment, which Includes:
Canadian Charter of Rights and
Endeavouring to have an equitable
Freedoms;
distribution of environmental benefits
Town encourages the FCM to
within the Town's municipal
call upon the Federal
boundary;
Government to enshrine the
Ensuring infrastructure and
right to a healthy environment
development projects protect the
in the Canadian Charter of
environment, including air and water
Rights and Freedoms;
quality;
. Given the Ontario
Addressing climate change by taking
Environmental Bfil of Rights
actions to reduce corporate
has not been reviewed or
greenhouse gas emissions and
amended -since it came into
implementing adaptation measures;
force in 1993, the Town calls
Encouraging the community to reduce
upon the Ontario Government
greenhouse gas emissions;
to review and amend the
Promoting appropriate and
Ontario Environmental Bill of
responsible intensification within the
Rights to include enforceable
Town's fixed Urban Area Boundary;
provisions that protect for and
itatCt eI
-'Ni F;Ytna,l N
Qk N.
VrOV
■ Promoting walking, cycling and public
guarant6e the right to live in a
transit as preferred modes of
healthy environment;
transportation;
Town encourages the AMO to
• Encouraging Durham Region to
call upon the Ontario
ensure adequate Infrastructurd for the
Government to review and
Provision of safe and accessible
amend the Ontario
drinking water;
Environmental Bill of Rights to
■ Promoting access to food that is
include enforceable provisions
regionally or locally sourced and
that protect for and guarantee
healthy;
the right to live in a healthy
Reducing solid waste and promoting
environment;
recycling and composting In corporate
Tdvin calls upon Durham
facilities; and,
Region and other Durham
Establishing and maintaining
Region Area Municipalities to
accessible green spaces,
adopt their own Declarations
recogritZrig their citizens' right
to a healthy environment;
Declaration be sent to PM,
Federal Environment Minister,
Ajax -Pickering MP, Premier,
Ajax-Plckering MPP, Durham
Region, City of Pickering, Town
of Whitby, City of Oshawa,
Municipality of Clarington,
Township of Uxbridge,
Township of Scug6g, Township
of Brock, AMO, FGM,
Environmental Commissioner
of Ontario, Town of Ajax
Environmental Advisory
F•, 1
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- - -
:-•.---•_._ _I. ,.. I.?,:.
:I2eCOYri 'en
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- :•F•.
o fi to It°t0-OGi •- a
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:•:.{.:
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-
i:; =>w�:
- - -
;•I. �P„rnvinciaC .-Fede ]f ,::?��-
::�;: ,:Iii. ,r_,:;_ ::
Environmental Advisory
Committee, Toronto and
Region Conservation Authority,
Central Lake Ontario
Conservation Authority,
Conservation Ontario and the
David Suzuki Foundation
Township of
O Appears to have adopted Section 1 — omitted
. NA
. NA
St. Joseph -
reference to right to participate in decision-making
June 1 2015
that will affect the environment
Township of
* :Modified Section 2 to respect, protect, fulFii and
• Participate in undertakings by
• Will consider and have regard for
Springwater
promote rights within the Township's municipal
other levels of government to
the environmental targets of the
June 1, 2015,
responsibilities and jurisdiction
help ensure that'decisions
Blue Dot when moving Forward
"Strive to apply and implement the principles, goals
protect the health of the
with its Official Plan review and
and polices of its various community and corporate
environment and of all citizens
2015-2018 Strategic Plan
plans, policies, strategies and by-laws
• Call upon federal government
e Did not include Section 3 and 4 (precautionary
to enshrine the right to a
provision and full cost accounting)
healthy environment into
• Modified Section 5 with less prescriptive phrasing —
Charter -
encouragiing, promoting etc., omitted mention of
• Call upon FCM to encourage
pollution hot spots, included water quality,
federal government to enshrine
eliminated "responsibly increase density'included
right to a healthy environment
appropriate and responsible Intensification within
into Charter-
harterthe
theTownship's settlement areas", included
. Cails Ontario government to
mention local foods and did not include a timeline
review Environmental Bill of
Called upon County of Simcoe and other
Rights
Munlclpalltles within County to adopt declarations
e Declaration to be sent to PM,
Federal Envtronmerit Minister,
Simcoe-Grey MP, Premier,
Simcoe-Grey MPP, FCM, AMO
and David Suzuki Foundation
N.
City of
Kitchener
June 1,.2015
V,
R. Ja
Identified target date as 2017•
Did not include Section 6 - Provision requiring
municipality to send a letter to provincial
government calling for a pUblic review of the
Ontario Environmental Bill of Rights 1,
Mayor, on behalf of City
Council, correspond with PM
and Premier calling for
development of federal And
provincial legislation
NA
Region of
Modified Subsection I to read: Region and its
Mayor, on behalf of.City-
Included four —introductory
Waterloo
constituent Area within Its jurisdictional mandate
Council, forward this resolution
paragraphs:
June 3, 2015
supports in principle the eight of all people to live
to PM and Premier with the
in a healthy environment— subsections a — f
request that the right of all
o Region/Township has for
Township of
supported
citizens to Hve In a healthy
many years striven within
Wellesley
Did not include Subsections 2-6 of original model
environment be enshrined in
its jurisdiction to maintain
July 13, 2015
applicable legislation — Ontario
a healthy environment for
Environmental Bill of Rights
all citizens through
Township of
and Charter
initiatives including but
North
• Copy of resolution be sent to
not limited toplans
D Uraf ries
all local MPs and Legislative
,
August 10,
Assembly of Ontario,FCM and
policies, programs and
2015
AMO
practices
o :Region/ ownshlp operates
under provincial and
federal statutory authority
and does not have
constitutional authority to
confer human rights, but
nonetheless endeavours
ta-respect and promote
the rights and quality of
life of its citizens and
pursues the public Iriterest.
in all Its actions
S•
.-
. �11rCnEY7E 2)1 -
P..
�,-_�....:.:.............
.. ... -- ...... ._
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_7,., ... r. ..._.
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"an• -'tip
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- - Sc�.+-........ -
,. :.:, . .��'•' - is>�ti'r
� I_•ur. A il�iC.1�[ :��4'E`�IA _
t
•:,t•,: _.'-`r'':— _'.:,
- -
� rZhf.�I1131OE1S;.�'.
'.:T: _.,+. rhi�.'.: .:il•i .� Fu: :'i�?t•;:���� _ •`. iL::.`:.y S.r..:.:;`1
o Reglon/Township
understands that people
are part of the
environment and that a
healthy environment is
linked to human health
and the social and
economic well-being of
the community
o Region have for many
years striven within their
jurisdiction to maintain a
healthy environment for
all citizens through
initiatives, including, but
not limited to, official pian
policies and by-laws
protecting agricultural
land and natural areas,
making efficient use of
urban land and
Infrastructure the
provision of clean and safe
drinking water,
sustainable use of water
and energy, air quallty
and climate action plans,
waste reduction
strategies, transit and
active transportation,
promoting food safety and
K -C
r
hi uutlo
-.,,:_-.+a:..--
-Ak "F -
.N... .,
-TN
providing outdoor
recreational opportunities
I
City of
. modified Subsection I to read. City within its
mayor, on behalf of city
15t three introductoryparagraphs
Waterloo
jurisdictional mandate supports in principle the
Council, forward this resolution
from Region of Waterloo
June 24, 2015
right of all people to live In a health environment -
to PM and Premier with the
subsections a - f supported
request that the right of all
. Did not include Subsections 2-6 of original model
citizens to live in a healthy
environment be enshrined in
applicable legislation - Ontario
Environmental Bill of Rights
and Charter
Copy of resolution be sent to
all local MPs and Legislative
Assembly of Ontario, FCM and
AMO
City of
Did not include Subsections 3 - 5 of original model
Mayor, on behalf of City
City of Burlington shall continue
Surllngton
Council, be directed to
to work with- community
July 13, 2015
correspond with the Right
members, partners and agencies
Honourable Stephen Harper,
to take action to protect,
Prime Minster of Canada, and
enhance and restore the local
the Honourable Kathleen
environment
Wynne, Premier of Ontario,
calling for the development of
federal and provincial
legislation -s that recognizes all
people have the right to live in
a healthy environment
• Copy ofthe resolution be sent
Fourth paragraph was not included In North Dumfries resolution
......
.....
'hem
apa
0 irmation t r.
to FCM and AMO
City of
Did not include Subsections 4 and 5 of original
City of Kingston send a letter
Identified 3 of 6 priorities has
Kingston
model
to the provincial government
strong and direct connections
July 14, 2015
Subsection 3 modified to read "Whereas it is better
calling for public engagement
with healthy envlronment (Plan a
to appiy the precautionary principle where threats
in the ongoing review of the *
Liveable City, Green the City and
of serious-or irreversible damage*to human health
Ontario Environmental Bfil of
Advance a Vibrant Waterfront)
or theenvironment exist and to take cost effective
Rights in order to Improve the
• Noted City has illustrated long
measures to prevent the degradation of the
Act and to Include recognition
and outstanding efforts to
environment and to protect the health of our
that all people have the tight
promote the health of the
citizens".
to live in a healthy
environment for all plans, such
environment
as, but not limited to, the
• City of Kingston send a letter
Sustainable Kinston Plan, the
to the federzi government and
Climate Action Plan and the
all opposition parties calling for
many references in the Official
the development of federal
Plan
legislation that recognizes that
all people have the right to live
in a healthy environment
• Resolution be sent to AMO for
distribution to all Ontario
munic1palitles
Oakville
Did not include Section 2 (responsibility to respect,
Mayor, on behalf of Council,
• Identified Council's Strategic
July 20, 2015
protect, fulfill and promote. the rights) or Section S
forward resolution to Prime
Plan and priority actions:
Mintsterwith Canada with
o ensure equitable
request that the right of all
distribution of
citizens to live In a healthy
environmental benefits
environment be enshrined in
and burdens within
appropriate legislation
o the town, preventing the
including the Canadian Charter
development of pollution
of Rights and Freedoms
'hot spots";
• 'Mayor, on behalf of Council,
I o ensure Infrastructure and
�. - :: h'
;.:•-� �.-..-v..:o.,..-.,a,-I
-.T,
1?.4.:-h;•z~
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cr _ .a . >> .�.i..,
r ..:�,,.::.L.: ,; ...r. .. ,__. . •2.,-.,..i,:-v.:.a.:,-, .. _..,,. _..:-••.:.•, +. r, ..
,.r-. ,?; _.0 _ a C -:r .•�.,_ i „••+v � . �-,.
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of [�iiix013"=:to=OriMitil De z...i . .. l
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u.-0i.,.; tn]:i �1.Yv'.,•:�i:i':�t :=• :irvn �,���kY.i::•N�+..1-•, :! .la=., ...M�
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is -.. ni y _l$tl•1 .YIiE10 .'1?•�i:. i=
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- i ..i=edi �.' l 'hv -
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. i:�^=:'��""::. •2' �:.:.,. •it�:_, , � �?;;:.;:;�,: ,, ,.
':li.�y. •: �1"'
,>.a....::..-r �,, ..-.a.x..._ . `a'g"�8:�
_ -••t^' 3 s,,,,2ei'.
-.!ro,�� :o:;, v:.x:-:;;:`�'•._;•: ,,C
.lrs - aThr �_ ,i �,r
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u1.
- ..cY�::?�i;`-'n�`•r:`?r.*•; ,�:-'.�; .r=I:Lt+-w_
E::ri,'^�': - ••=4:'-�-?" :i :::i�iiv '�•�.:� - ,-J'��'.'r�
_ ra'" �l'-':«�..a -,kir., :;I;f-l=�„"•ry-
forward resolution to Premier
development projects
of Ontario with the request
protect the environment,
that the right of all citizens to
o including air quality;
live In a health healthy
o address climate change by
environment be enshrined in
reducing greenhouse gas
appropriate Ieglslatlon
emissions and
including Ontario`s
o implementing adaption
Environmental Bill of Rights
measures;
and Ministerlai Statements of
o responsibly Increase
Environmental VaJues
density;
• Resolution be distrlbuted to all
o prioritize walking, cycling
local MPs, Legislative Assembly
and public transIt as
of Ontario, FCM.and AMG
preferred modes of
o transportation.-
o ensure adequate
infrastructure for the
provision of safe and
accessible
o drinking water;
o promote the availability of
safe foods;
o reduce solid waste and
promote recycling and
composting; and
o establish and maintain
accessible green spaces in
all residential
o neighbourhoods
Identified demonstrated
leadership in the area of
environmental sustainabili and
10
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.1 i...._�, „,r{,_.r
.,v .... .......:.>,.,".�„
. �.-:i-r,.. r.. t--. :..r. ,: •:g-,: ,y;.n. -,:. :.-..:F,,. w:p..,,•::,: a:.,.:e•,.=': eA•r:oc'liii:
...:.n :,:: •-..:n->_,r. :.+r_ .... _ .. �r-..n_•.,-_..:.......::: .,.::,...... . ....... ..•..,:. .r{:+:_,.4'<:r:
�. t. ._ . r......, . ,...... .._.......-..,..� ..._ I._•,•. . ... . rti ,. .•-.
--
;h•:.':;fi-eco o.I 7..:•i;n...�_ r.D. i t�o}• � ::a
'.
.:.._.....-:-.._: iZtiSU�.,.ah:`- - r.
,.t?rou�fi'eaall' .1+eaferaiE -
_
;4:h•.::.,�,-,.xo-�., 5.':.�_4I:::-i�7:1:::•�..- - 4:i•..', ;:
.i`!
�.� it �;��:�:;� �:�,.a., � 4:•;:;c::
citizen engagement In evidence -
based decision-making through
many strategic plans, policies,
program and initiatives
b Identified that the town has
taken actions and will continue
to consider appropriate actions
when deemed necessary to
protect the health, safety and
well-being of the community
related to environmental
sustainabllity
Muskoka
Did not Include Sections 2-5
•' District Chair, on behalf of
Referenced legacy of a healthy
Region
District Council, correspond
Muskoka by sustaining a
July 20, 2415
with the Prime Minister of
functioning natural environment,
Canada and Premier,
recognizing the need fora
requesting that both the
vibrant economy together with a
provincial and federal
caring community conscience
governments formally
supporting those In need
recognize that all people have
Recognized that a healthy and
the right to live In a healthy
vibrant economy depends upon
environment
wise stewardship of the
• Copy of resolution be sent: to
environment -
AMb and FCM
11
Attachment 3 to
Municipality of Clarington Report PSD -011-16
Municipality of Clarington Declaration
The Right To A Healthy Environment
(Recommended)
WHEREAS the Municipality of Clarington strives to sustain natural resources and our
environment for future generations and to foster a healthy community that nurtures the
health and well-being of residents to provide for a high quality of life;
WHEREAS the Municipality of Clarington endeavours to make Clarington a place where
people, businesses and governments collectively balance growth with the protection,
management and enhancement of rural landscapes, cultural heritage, natural resources
and the natural environment;
WHEREAS Council's Strategic Plan Vision of "Building a Sustainable, Creative, Caring
Community" and the Municipality of Clarington's many plans, policies, programs and
actions support environmental protection, enhancement, stewardship and health;
WHEREAS the Municipality of Clarington understands that people are part of the
environment, and that a healthy environment is inextricably linked to the well-being of
our communities;
THEREFORE BE IT RESOLVED that the Municipality of Clarington finds and declares
that:
The Municipality of Clarington supports in principle the right to live in a healthy
environment, including:
The right to breathe clean air
The right to drink clean water
The right to consume safe food
The right to access nature
The right to know about pollutants and contaminants released into the local
environment
The right to participate in decision-making that will affect the environment
In order to respect, protect, fulfill and promote these rights within the Municipality's
jurisdiction and means, the Municipality shall continue to implement its strategies, plans,
policies, programs and actions by undertaking actions such as, but not limited to, the
following:
a. Ensuring infrastructure and development projects protect the environment;
b. Addressing climate change mitigation, adaptation and resilience;
c. Planning for appropriate and responsible development in accordance with the
Provincial Growth Plan for the Greater Golden Horseshoe;
d. Responsibly increasing density in accordance with the Clarington Official Plan;
12-34
e. Supporting the development of a safe, accessible and interconnected
transportation system that provides for a full and practical range of mobility
options, including carpooling, active transportation, and transit;
f. Encouraging the Region of Durham to continue to ensure adequate infrastructure
for the provision of safe and accessible drinking water, while implementing our
duties and responsibilities under the Clean Water Act and Source Protection Act;
g. Promoting the availability of local foods;
h. Promoting the Region of Durham's solid waste reduction, recycling and
composting programs;
i. Establishing and maintaining accessible green spaces, parklands and waterfront
areas; and
j. Protecting and enhancing the natural heritage system and its ecological integrity.
The Municipality of Clarington should continue to promote residents' engagement in
matters effecting sustainability and the right to a healthy environment.
The Municipality of Clarington should take a responsible approach, consider cost
effective measures, aim to prevent the degradation of the environment and aim to
protect the health of its citizens when making decision that could impact human health
or the environment.
The Mayor on behalf of Municipal Council, be directed to forward this resolution to the
Right Honourable Justin Trudeau, Prime Minister of Canada, with the request that the
right of all citizens to live in a healthy environment be enshrined in appropriate federal
legislation including the Canadian Charter of Rights and Freedoms;
The Mayor on behalf of Clarington Council, be directed to forward this resolution to the
Honourable Kathleen Wynne, Premier of Ontario, with the request that the right of all
citizens to live in a healthy environment be enshrined in appropriate provincial
legislation including Ontario's Environmental Bill of Rights;
A copy of this resolution be forwarded to Hon. Erin O'Toole, MP (Durham), Kim Rudd,
MP (Northumberland -Peterborough South), and Granville Anderson, MPP (Durham);
A copy of this resolution be sent to the Federation of Canadian Municipalities and the
Association of Municipalities of Ontario; and
A copy of this resolution be sent to the Regional Municipality of Durham.
12-35
Clarington.
Planning services
z• • 1
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: February 1, 2016
Report Number: PSD -012-16 Resolution Number:
File Number: ZBA2015-0024 By-law Number:
Report Subject: An application by Heather Holt to permit one additional single
detached dwelling by reductions in lot frontage and setback
requirements
Recommendations:
That Report PSD -012-16 be received;
2. That the Zoning By-law amendment application submitted by Heather Holt be approved
as contained in Attachment 1 to Report PSD -012-16;
3. That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -012-16
and Council's decision; and
4. That all interested parties listed in Report PSD -012-16 and any delegations be advised of
Council's decision.
12-36
Municipality of Clarington
Resort PSD -012-16
Report Overview
Page 2
This report recommends that Council rezone the two properties to permit a reduction in lot
frontage and setbacks to create one additional lot through Land Division Applications LD
055/2015 and LD 056/2015. The zoning amendment provides regulations to maintain the
character of the neighbourhood.
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 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 were circulated 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 did not comply with the zone provisions. The land severances were
not supported by staff and were considered premature, pending a rezoning application.
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.
12-37
Municipality of Clarington
Report PSD -012-16
Lord
r Elgin
Part
Figure 1: Plan of Proposed Severances
Lord Elgiil i
for Individual
.12.44
i
5.85 r
6.36 r
12.68
THIRD STREET
I
J
6
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W
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2
0
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Z[tA 2015-0024
Page 3
12-38
Municipality of Clarington
Report PSD -012-16
3. Land Characteristics and Surrounding Uses
3.1 The subject properties and the surrounding properties are built out with single detached
and semi-detached 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 Plan
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 Reaional 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.
12-39
Municipality of Clarington
Report PSD -012-16
5.2 Clarington Official Plan
Page 5
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. Zoning By-law
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:
• 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 yard setback of 4.33
metres which does not meet the minimum interior side yard setback of 4.5 metres. For
a dwelling without an attached garage.
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 are not impacted
by the lot lines created by the severances.
7. Public Submissions
7.1 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.
7.2 Other than a representative of D.G. Biddle & Associates, the agent, no one appeared at
the public meeting on January 11, 2016.
12-40
Municipality of Clarington
Report PSD -012-16
8. Agency Comments
Paqe 6
8.1 Veridian Connections provided eleven comments of a standard nature, appropriate to a
single detached dwelling.
8.2 Canada Post said they had no objections and noted that for the interim, door to door
delivery would occur on the new additional lot as is the case with the rest of the street.
Should Canada Post mandates and policies change the entire street may be converted to
community mailboxes. Remaining comments were of a standard nature.
8.3 Regional Planning noted the properties are also the subject of severance and lot line
adjustment the applications of which have been tabled pending approval of rezoning.
The rezoning application conforms to the Regional Official Plan. The application
generally conforms to the Growth Plan as it is intensification in the built-up area.
Regional Works comments are the same as the comments for the related land divisions
but, it has no objections to the application.
9. Departmental Comments
9.1 The Building Division requires a 1.2 metre minimum interior side yard setback for the two
existing dwellings from any proposed property boundary. The severance as proposed
complies with this requirement.
9.2 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.
9.3 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.
10. Discussion
10.1 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.
10.2 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 slightly larger than the proposed lots but still non -conforming to the zoning lot
frontage requirement of 15 metres.
10.3 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.
12-41
Municipality of Clarington
Report PSD -012-16 Page 7
10.4 131 Elgin Street (the north lot) has deficient front yard setback but it is legal non-
conforming and this setback appears generally consistent with the average for the block
on the east side of Elgin. Therefore, it is recommended that the zoning remain R1 and
the Zoning By-law Amendment apply only to 127 Elgin and the additional lot (the south
and middle lots).
Figure 3: View of east side of Elgin Street between Third Street and Fourth Street
10.5 The proposed zoning by-law amendment is for a residential zone that permits lots with 12
metres frontages. In order to ensure a house on the new lot is compatible with the
character of the existing houses on the street the zoning for the proposed lot and retained
lot at 127 Elgin Street contains the following:
• a front yard setback for the dwelling consists of a minimum 4.5 metres and a
maximum 6 metres;
• the garage requires a minimum setback of 9.0 metres;
• the interior side yard setback for a dwelling without an attached garage or carport
may be 4.0 metres on one side and 0.75 metres on the other side, rather than 4.5
metres and 1.2 metres respectively to recognize a deficiency created by one of the
proposed lot lines; and
• since most of the homes in the vicinity are bungalows or 1 1/2 storeys, the
additional dwelling should be less than two full storeys, hence a maximum building
height of 6.5 metre is proposed.
10.6 All municipal taxes have been paid at the time of writing Report PSD -012-16.
11. Concurrence
Not Applicable
12-42
Municipality of Claringtorn
Report PSDc012=16
Page 6
In consideration of all agency, staff and public comments, it is respectfully recommended
that the proposed zoning by-law be approved.
13.1 The recommendations contained in this report conform to the Strategic Plan
Submitted by:
Da id J. Crome, MCIP, RPP
Director of Planning Services
Reviewed by.
Franklin Wu,
Chief Administrative Officer
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussellaclarington.net
Attachments:
Attachment 1 - Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
Heather Holt
Dan Dissanayake
Allan David Cleland
Michael Fry
CP/BR/df
12-43
Attachment 1 to
Municipality of Clarington Report PS® -012-16
Corporation of the Municipality of Clarington
By-law 2016 -
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2015-0024;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 13.4.1 Urban Residential Exceptions — Urban Residential Type Two
(R2) Zone is hereby amended by adding thereto, the following new Special
Exception zone 13.4.83 as follows:
"13.4.83 Urban Residential Exception (R2-83) Zone
Notwithstanding Sections 13.2 c. i), 13.2 c. iii) b), and 13.2 g. those lands
zoned R2-83 as shown on the Schedules to this By-law shall permit one single
detached dwelling unit or bungaloft dwelling. Residential dwellings shall
comply with the zone regulations:
a. Yard Requirements:
i) Front yard setback (minimum) 4.5 metres
Front yard setback (maximum) 6.0 metres
Front yard setback to garage (minimum) 9.0 metres
ii) Interior side yard without an attached garage or carport
4.0 metres on one side,
0.75 metres on the other side
b. Building Height (maximum): 6.5 metres
12-44
2. Schedule `3' to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Type One (R1)" to
"Urban Residential Exception (R2-83)" as illustrated on the attached Schedule `A'
hereto.
3. Schedule 'A' attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
By -Law passed in open session this day of , 2016
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
12-45
This is Schedule "A" to By-law 2016- , passed this day of , 2016 A.D.
26
FOURTH
STREET
141
41
19
23 25 140
45
47
21
138
134
139
132
136
137
134
70
W
Z
d_l
g
69
65 1124
LU W
W
z
135
130
133
128
66
63
125
122
120
60
156
152
148
142
123
22
1
58
THIRD
STREET
55 147 118 125 121 114
54
119
17. —777—N
Zoning To Remain "R1"
® Zoning Change From "R1" To "R2-83"
Adrian
Foster, Mayor Bowmanville • ZBA 2015-0024 * Schedule 3 C. Anne Greentree, Municipal Clerk
� CC
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: February 1, 2016
Report Number: PSD -013-16 Resolution Number:
File Number: PLN 7.17 By-law Number: N/A
Report Subject: Year End Planning Applications
Recommendation:
1. That Report PSD -013-16 be received for information.
12-47
Municipality of Clarington
Report PSD -013-16
Report Overview
In 2015, development application activity undertaken by the Planning Services Department,
assisted by other Departments included the following:
• 50 preconsultation meetings held with applicants on pending projects to develop
application submission requirements
• 3 new or revised draft plans of subdivision received proposing 301 housing units
• 6 Draft approvals issued for draft plans of subdivision or revisions to draft plans
comprising 1237 housing units
• 3 Extensions to draft plan approval issued
• 3 Plans of subdivision registered for an additional 269 new housing units
• 2 plans of condominium approved for 28 units
• 5 official plan amendment applications received; 2 official plan amendment applications
approved
• 18 zoning applications received; 26 zoning applications approved
• 22 site plan applications received; 20 site plans approved
• 65 minor variance applications received; 63 approved; 2 denied
• 47 reports to the Durham Land Division Committee
• 34 permanent signs approved
• 155 temporary signs approved
• 18 applications for in-house apartments received; 8 in-house apartments registered
• 22 Statutory Public Meetings held on development applications
• 4 Pubic Information Centres on development applications
Summary
0 901 new housing units and lots approved
0 100,000 sf of industrial/utility space approved
0 40,000 sf of commercial space approved
0 1,600 sf of institutional space approved
12-48
Municipality of Clarington
Report PSD -013-16
1. Purpose
Paae 3
This report summarizes planning application activity within the Municipality of Clarington for the
2015 year. In addition to informing Council on the 2015 year, this report provides information
from the previous two years which assists in identifying emerging issues and possible trends
over a three year period.
2. Plans of Subdivision and Part Lot Control
The Director of Planning Services is the delegated approval authority for Plans of Subdivision.
However, the Planning Services Department reports to Council on applications for proposed
draft plans of subdivision at the public meeting stage and when approval is recommended for
an application for proposed Draft Plan of Subdivision.
Some subdivision applications can take a number of years to become draft approved and may
include many revisions before a proposed plan is draft approved. The charts in this report do
not include the applications that have been previously submitted in prior years and are
awaiting revisions or working towards approvals.
In 2015 three new applications for proposed draft plan of subdivision were received as well as
one application for revision to a draft approved plan of subdivision.
New and Revised Subdivision Applications Received By Unit Type
Urban Area
Single Detached
Semi-detached
or Linked
Townhouse
Apartment
2015
2014
2013
2015
2014
2013
2015
2014
2013
2015
2014
2013
Courtice
0
0
123
0
0
8
86
0
0
0
0
0
Bowmanville
183
165
986
6
0
84
26
10
209
0
0
214
Newcastle
0
137
0
0
0
0
0
0
0
0
0
0
Hamlets /
Rural Area
0
0
0
0
0
0
0
0
0
0
0
0
Total
1831
3021
1109
6
0
92
112
10
209
0
0
214
Bowmanville continues to be the primary growth area within the Municipality of Clarington
which coincides with the provisions of the Official Plan.
Single detached dwellings continue to be the dominant form of housing being applied for in
subdivision applications. However, the number of townhouses in subdivision applications has
increased in 2015, to almost 40% of the proposed 301 units, which is consistent with Provincial
Policy as it requires multiple forms of housing and complete communities. It is expected that
townhouse and apartment units will continue to represent a larger percentage of units applied
for in the coming years, although many of these will be on existing lots and not necessarily
within plans of subdivision. This is expected as a result of both Provincial Policy, the cost of
housing and a shift in demographics leading to an increase in the demand for smaller units,
including townhouses and apartment units.
12-49
Municipality of Clarington
Report PSD -013-16 Page 4
Draft Approved and Issued Revisions to Draft Approval By Unit Type
Urban Area
Single Detached
Semi-detached or
Linked
Townhouse
Apartment
2015
2014
2013
2015
2014
2013
2015
2014
2013
2015
2014
2013
Courtice
74
101
41
0
0
8
0
0
0
80
0
0
Bowmanville
588
0
148
120
4
68
356
19
21
0
0
0
Newcastle
0
137
0
0
0
0
0
0
0
0
0
0
_Newcastle
Hamlets /
Rural Areas
19
24
0
0
0
0
0
0
0
0
0
0
Total
681
262
189
120
4
76
356
19
21
80
0
0
Additionally, there were three Draft Approved plans of subdivision and three extensions issued
to Draft Approved plans of subdivision. While the number of draft approved plans has
decreased since 2014, the number of homes resulting from the 2015 draft approvals is
significantly larger than the previous years. In 2015, draft approved subdivisions would provide
for 952 more homes compared to 2014. There has been a continuous increase in draft
approved homes over the previous three years. The draft approved plans continue to provide
diverse types of development, including: single detached, semi-detached or linked,
townhouses and apartments.
The Planning Act allows a Municipality to impose a date by which final approval must be
achieved, after which draft approval will expire. The Municipality of Clarington typically allows
for a three year period from the date of draft approval to allow the applicant sufficient time to
meet all conditions imposed by the Municipality. If the applicant is unable to fulfill all conditions
within this timeframe, extensions may be granted by the Municipality to extend the period of
draft approval.
Final Approval By Unit Type
Urban Area
Single Detached
Semi-detached
or Linked
Townhouse
Apartment
2015
2014
2013
2015
2014
2013
2015
2014
2013
2015
2014
2013
Courtice
131
131
47
0
8
74
0
66
10
0
0
0
Bowmanville
0
174
205
0
14
70
0
123
68
0
0
0
Newcastle
138
0
43
0
0
0
0
0
0
0
0
0
Hamlets /
Rural Area
0
0
0
0
0
0
0
0
0
0
0
0
Total
269
305
295
0
22
144
0
189
78
0
0
0
In 2015 there were three registered plans of subdivision in the Municipality, totaling 269 new
single -detached residential units. It is expected that this number will increase in the coming
years as the number of draft approved subdivision units has increased dramatically compared
to the previous years.
12-50
Municipality of Clarington
Report PSD -013-16
Page 5
Part Lot Control applications are also processed by Planning Services Department staff and
approval of these applications has been delegated to the Director of Planning Services.
However, a By-law is adopted by Council to implement the decision. Applications for Part Lot
Control allow lots and/or blocks within a registered plan of subdivisions, constructed for semi-
detached or townhouses to be split and individually sold. The individual lot is created after
construction has commenced to ensure that the lot line is based on the location of footings
and/or common walls. In 2015, a total of 6 applications for Part Lot Control were received and
9 applications were approved.
3. Plans of Condominium
A condominium is the form of housing tenure that usually has individual ownership of a dwelling
unit and joint ownership of common elements and facilities. Condominiums are most commonly
used for townhouses and apartments.
Condominium Application
Activity
Urban Area
Applications
Received
Draft Approval Issued
Final Plan Approval
2015
2014
2013
2015
2014
2013
2015
2014
2013
Courtice
0
0
1
0
0
1
0
0
1
Bowmanville
0
0
0
0
0
2
1
1
1
Newcastle
0
0
1
0
0
1
1
0
1
Hamlets / Rural
Areas
0
0
0
0
0
0
0
0
0
Total
0
0
2
0
0
4
2
1
3
Final approval was issued in 2015 for a condominium plan by Kaitlin Homes (Lakebreeze
Towns) for 12 residential townhouse units. Additionally, final approval was issued for Phase 4
of a condominium plan by Kaitlin Homes (Aspen IV) for 16 residential townhouse units.
Condominium applications remained consistent in 2015 compared to 2014.
4. Official Plan Amendments
The Planning Services Department reviews and processes applications to amend the
Clarington Official Plan.
Clarington Official Plan Amendment Activity
2015
2014
2013
Applications Received
5
_
3
5
Applications Approved
3
6
8
In 2015, five Official Plan Amendments were received and three amendments were approved.
Among the amendments approved was an amendment to expand the Newcastle Village
Centre area to designate land in Newcastle for a five storey mixed-use building.
12-51
Municipality of Clarington
Report PSD -013-16
5. Zoning By -Law Amendments
Page 6
Zoning By-law Amendments include by-laws for the removal of a Holding Symbol which is
often used as a technique to ensure that municipal requirements related to an approval are
implemented through development agreements.
Zoning By -Law Amendment Activity
Type of Zoning By -Law Amendment
Applications Received
Applications Approved
Year
Year
2015
2014
2013
2015
2014
2013
Removal of Holding
3
3
8
9
17
6
Rezoning
15
18
19
17
21
10
Total
18
21
27
26.
38
16
A total of 26 applications were approved which represented a slight decrease from the
previous year. Among the approved were 9 applications to remove a Holding Symbol signifying
that pre -conditions placed to ensure the suitability of land for development had been met
allowing development to proceed according to municipal requirements.
The reduction in applications for removal of the Holding Symbol is in part attributed to
recommendations approved through individual rezoning applications. At the time of approval of
most rezoning's where an "H" symbol is applied, Council adopts a resolution authorizing a By-
law to remove the Holding, once the requirements of the Official Plan have been satisfied.
6. Site Plans
The Clarington Site Plan Control By-law requires site plan approval prior to issuance of a
building permit for the majority of Commercial, Industrial, Institutional and Multi -Residential
developments. In addition, site plan is required for buildings on the Oak Ridges Moraine.
Site Plan Application By Type
Land Use Type
Applications Received
Applications Approved
Year
Year
2015
2014
2013
2015
2014
2013
Major Residential+
4
0
3
3
3
0
Minor Residential++
3
6
7
3
5
4
Commercial
6
15
8
7
14
10
Mixed Use
1
1
0
0
0
0
Industrial
5
3_
5
1
2
4
8
4
8
Government/Institutional
1
6
11
Telecommunication Towers
1
2_
2
2
3
4
Agricultural
1
2
1
2
1
1
Total
22
35
37
20
38
31
+ Major Residential uses are Residential units consisting of more than three units
++ Minor Residential uses are Residential units consisting of three or less units
12-52
Municipality of Clarington
Report PSD -013-16
Page 7
In 2015, fewer Site Plan applications were received and approved than in the previous two
years. Commercial and Industrial proposals were the predominant type of Site Plan activity in
Clarington.
The following chart summarizes the number of units or floor area for site plan applications
received and approved in 2015.
Site Plan
Units and Floorspace By
Type
Land Use Type
Applications Received
, Applications Approved
Number of
Units
Floor
Space (m2)
Number of
Units
Floor
Space (m2)
_
Major Residential+
643
0
342
0
Minor Residential++
1
Total number of Applications Received
1
46
_
Mixed Use
14
825
0
3
Commercial
589.85
3444.85
_
Industrial
4533.1
5155.6
Govern ment/Institutiona1
151.17
4505.17
Agricultural
342
342
Total
658
6441
343
10,347.62
+ Major Residential uses are Residential units consisting of more than three units
++ Minor Residential uses are Residential units consisting of three or less units
7. Minor Variances
The Committee of Adjustment is appointed by Council to make decisions on minor variances to
the Municipality's Zoning By-law.
Minor Variance Applications
Application Decision
2015
2014
2013
Total number of Applications Approved
63
42
50
Total number of Applications Denied
2
0
0
Total number of Applications Withdrawn
0
2
2
Total number of Applications Received
65
46
53
Total number of Applications Appealed
1 1
0
3
There was a significant increase in the number of applications received in 2015 from each of
the previous two years. A number of these were to deal with problems builders were
encountering with models that did not comply with existing zoning. In 2015, six applications
were tabled to a future meeting in order to allow the applicants to further refine their proposals.
Furthermore, the Committee applied conditions to 6 of the 65 approved applications to ensure
that each variance proceeds with diligence in respect of any distinctive site characteristics.
There were two applications that were denied by the Committee, as the applications were
determined to not be minor in nature and potentially detrimental to the neighborhoods. One of
12-53
Municipality of Clarington
Report PSD -013-16
Page 8
the Committee's decisions was appealed to the Ontario Municipal Board and will be heard by
the Ontario Municipality Board in the spring of 2016.
8. Land Divisions
The Planning Services Department provides coordinated comments for all Clarington
departments to the Durham Region Land Division Committee on consent applications.
Comments to Land Division Committee By Type
Land Use Type
Proposed New Lots
Boundary
Adjustments
Easements
2015
Year
_
Year
Year
20141
2015
2014
2013
2015
2014
2013
2015
2014
2013
Urban
Residential
32
3
11
5_
3
4
11
1
1
0
Rural
Residential
2
2
4
2
3
0
1
0
Commercial
1
1
0
0
0
0
0
1
0
Mixed Use
0
1
0
0
0
0
0
0
0
Agricultural
1
0
0
1
1
0
0
0
0
Institutional
0
0
0
1
0
0
0
0
1
Industrial
0
0
0
0
0
0
0
2
0
Total
36
7
15
10
7
141
1
5
1
In 2015, there was a significant increase in applications commented on for new residential lots
and boundary adjustments compared to the previous two years. 32 applications for consent to
create new lots were approved in the urban residential areas of the Municipality of Clarington.
9. Sign Permit Applications
Sign permit activity remains consistent with majority of the signs being located in Bowmanville
and Courtice.
Sign Permit Activity By Geographic Area
Urban Area
Number of Applications
Permanent
Temporary
2015
2014
2013
2015
20141
2013
Courtice
7
8
3
61
57
80
59
80
Bowmanville
25
22
22
72
Newcastle
0
5
5
14
8
14
Orono
1
2
2
2
2
2
Darlington
1
1
2
6
14
13
Clarke
0
0
3
0
1
1
Total
34
38
37
155
162
169
12-54
Municipality of Clarington
Report PSD -013-16
10. Apartment -In -House
Page 9
An apartment -in-house application provides the Emergency Services Department and Building
Services Division with opportunity to ensure the unit complies with the Building Code and is on
Emergency Services data base, as well as ensuring apartment in -houses are zoned
appropriately and that sufficient parking is provided on the lot.
Apartment -In -House Activity By Geographic Area
Urban Area
Apartment -In -House
Applications Received
Apartment In -House
Registered
2015
2014
2013
_
2015
2014
2013
Courtice _
6
5
4_
3
4
2
Bowmanville
12
14
13
5
7
7
Newcastle
0
0
0
0
0
1
Darlington
0
0
0
1
1
0
Total
18
19
17
8
12
10
The number of apartment -in-house applications received and the number of apartment -in-
house units registered has slightly decreased over a three year period. With the need for
affordable rental units, the cost of homes and an aging population it is expected that the
demand for apartment -in-house accommodation will grow in the coming years.
11. Pre -Consultation Meetings
Pre -consultation meetings are required before most development applications are submitted
and assist in ensuring applications being submitted have all required supporting documents
and the proponent is aware of all required steps. The details of a pre -consultation meeting
remain confidential until a formal application is submitted. The number of pre -consultation
applications provides a good indication of future proposals within the Municipality of Clarington.
Pre -Consultation Meetings By Type
Land Use
Year
20151
2014
_
2013
Major Residential+
17
8
12
Minor Residential++
_
4
9
3
Commercial
11
13
15
Mixed Use (Commercial and Residential)
1
1
3
Industrial _
8
5
5
Govern ment/Institutional_
3
_
1
10
Agricultural
2
0
2
0
3
0
Recreational
Telecommunication Towers
0
2
0
Total
46
41
51
+ Major Residential uses are Residential units consisting of more than three units
++ Minor Residential uses are Residential units consisting of three or less units
12-55
Municipality of Clarington
Report PSD -013-16
Page 10
In 2015, the number of pre -consultation meetings increased slightly from the levels of the
previous year. Major residential pre -consultations increased significantly from the number in
2014. The majority of the major residential pre -consultations were for proposals in
Bowmanville which is consistent with the Provincial policy direction to direct growth to this
urban area, as well as the policies of Clarington Official Plan to have Bowmanville as the
centre for growth. Commercial and Industrial pre -consultations remained relatively consistent.
12. Concurrence
Not Applicable
13. Conclusion
Planning application activity in 2015 has remained relatively consistent when compared with
the two previous years. The number of new and approved applications has generally
decreased in 2015 from those received in 2014, there has been a notable increase in
approvals granted in 2015 for certain applications. Specifically, the number of draft approved
new dwelling units in plans of subdivision, Land Divisions and Minor Variances have increased
substantially in 2015 over the past two years. Further, with an increase in pre -consultation
activity in 2015, with a specific focus on major residential development, it is expected that the
number of new and approved applications will increase in the coming years. These numbers
indicate a continued strong interest in growth and investment in Clarington.
Additionally, as infrastructure projects to increase sanitary treatment capacity in Bowmanville
and extend sewers in Courtice are completed it is expected that interest in major residential
development will continue to be high in the coming years. This expectation is supported by the
significant increase in the number of Draft Approved Plans of Subdivision that were newly
approved and granted extensions in 2015 which indicates that there will be continued major
residential building in Clarington.
Detailed charts for each of the application type identifying applications received and approved
can be obtained by contacting the Planning Services Department.
14. Strategic Plan Application
Not applicable
12-56
Municipality of Clarington
Report PSD -013-16
Submitted b : —
y Reviewed by
David J: Crome, MCIP, RPP
Director of Planning Services
Paqe 11
Franklin Wu,
Chief Administrative Officer
�UI IWUL. uario renarin, manager of Development Review, 905-623-3379 ext. 2408 or
cpellarin@clarington.net
There are no interested parties to be notified of Council's decision.
CP/AW/df/av
12-57
p � If
I'Al IM1103)
x
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: February 1, 2016
Report Number: PSD -014-16 Resolution:
File Number: COPA 2015-0001 & PLN 31.5.6 By-law Number:
Report Subject: Amendment No. 104 to the Clarington Official Plan to delete an
Elementary School site in the Worden East Neighbourhood
Amendment to the Worden East Neighbourhood Design Plan
Applications submitted by H&H Properties Inc.
Recommendations:
That Report PSD -014-16 be received;
2. That Amendment No. 104 to the Clarington Official Plan, prepared in response to an
application submitted by H & H Properties Inc. be approved, as contained in Attachment
2 of Report PSD -014-16 and that the appropriate by-law be passed;
3. That the revised Worden East Neighbourhood Design Plan as contained in Attachment 3
of Report PSD -014-16 be supported;
4 That Staff be authorized to initiate an amendment to Zoning By-law to permit only single
family detached dwellings with greater lot frontages and setbacks in the Urban
Residential Type One (R1) zone, fronting on Tooley Road with the exception of the
medium density area, which would be rezoned to `Agricultural (A)'; and
5. That all interested parties listing in Report PSD -014-16 and any delegation be advised of
Council's Decision.
• �.k
Report PSD -014-16
Report
pOverview
This report recommends that the Clarington Official Plan and the Worden East Neighbourhood
Design Plan be amended to remove a separate elementary school site. Recognizing the
natural heritage system, the character of the lands on Tooley Road and the objective of
providing a variety of housing forms and tenure, Staff are recommending various additional
amendments to the Worden East Neighbourhood Design Plan. Lastly, staff is requesting
authorization to initiate an amendment to Zoning By-law 84-63 to permit only single detached
dwellings with greater lot frontages and front yard setbacks fronting on Tooley Road.
1.1 Purpose of a Neighbourhood Design Plan
The Clarington Official Plan provides for the preparation of a Neighbourhood Design Plan
prior to consideration of any plan of subdivision. These plans do not require formal
approval from Council but are utilized by Staff in reviewing development applications for a
specific neighbourhood. It is a means of co-ordinating the design aspects of multiple
plans of subdivision, consents, site plans and infrastructure plans at the neighbourhood
or sub -neighbourhood level. In this way they also serve to illustrate to existing residents
and prospective purchasers the intended land uses proposed in a neighbourhood.
1.2 The design plans generally detail the following:
• Locations of schools, parks and open space, including stormwater management
ponds;
• Lotting patterns and residential uses;
• Road alignments; and
• Walking or cycling trails as well as future transit routes.
1.3 The 2002 Worden East Neighbourhood Design Plan
The Worden East Neighbourhood Design Plan 2002 was prepared as a result of
negotiated settlement between The Municipality of Clarington and Mr. Clifford Curtis to
avoid an Ontario Municipal Board hearing in respect of the 1996 Clarington Official Plan
wherein Mr. Curtis requested the relocation of the separate elementary school from
property in his ownership to an alternate location. The settlement also required staff to
prepare a Neighbourhood Design Plan which was approved in 2002 by the Director of
Planning Services and the Director of Engineering Services (see Attachment 1).
1.4 The H & H Properties Inc. Applications
On December 24, 2014, H & H Properties Inc. (H & H) submitted applications for
amendments to the Clarington Official Plan, Worden East Neighbourhood Design Plan,
Zoning By-law 84-63 and applications for a Draft Plan of Subdivision, and Site Plan
Approval to permit 80 one -storey style residential units fronting onto an interior network of
private lanes. The H & H applications for Plan of Subdivision and rezoning are
addressed in PSD -015-16.
12-59
Municipality of Clarington
Report PSD -014-16
Page 3
1.5 Prior to the Statutory Public Meeting, held on March 30, 2015, the applicant hosted a
Public Information Centre on March 10, 2015. On both occasions staff heard and
subsequently received emails and letters from numerous area residents, the majority of
whom were in opposition of the proposal. Concerns with the proposal included:
not in keeping with rural character of Tooley Road;
increased traffic and on -street parking; and
impacts on wildlife and the environment.
1.6 Residents of Tooley Road are concerned about future development'in their
neighbourhood. In addition to the H&H project, other factors that will influence changes
on Tooley Road, as follows:
• The lands are within the built boundary for Courtice and new and updated Provincial
Policies requires intensification and better use of infrastructure within the built
boundary;
• The identification of a provincially significant wetland in a portion of the area and
lands west of the area;
• The natural heritage system identified under current Provincial, Regional and
Municipal policies is greater than what is shown in the current Official Plan and will
influence the amount of land which can be developed;
• Installation of sanitary sewers will allow for more development;
• With full services imminent, developers who own lands in the area are preparing
plans for development; and
• Lands fronting onto Tooley Road are zoned "Urban Residential Type One (R1)"
which with the installation of sanitary sewers on Tooley Road, will allow further
development of single detached dwellings and semi -linked dwellings.
1.7 As a result of the proposed changes to the Neighbourhood Design Plan together with
residents' concerns for future development within the neighbourhood, staff undertook to
review the Worden East Neighbourhood Design Plan.
2. Resident Consultation
2.1 Desiqn Charrette
On June 25, 2015, staff held a miniature design charrette. A full charrette involves
intensive planning sessions where citizens, designers and others collaborate on a vision
for development. In this case, not all of the necessary inputs were available particularly
environmental information on the natural heritage system and engineering information on
stormwater management.
At the charrette, the residents were asked to share, what they liked about their
neighbourhood, what they were afraid of and identify other memorable neighbourhood
and communities. This exercise was important to formulate principles for changes to the
neighbourhood design plan. Working together in groups at tables, the residents were
asked to design a plan for the neighbourhood. Staff from the Planning Services
12-60
Municipality of Clarington
Resort PSD -014-16
Department, Engineering Services Department and Central Lake Ontario Conservation
were available to assist with questions.
2.2 Preliminary Concepts Meeting
On November 10, 2015, staff met again with residents to review the consolidated list of
principles and preliminary concepts for various areas along Tooley Road. Again, the
most significant impediment for neighbourhood level plans was the lack of detailed
natural heritage data on the west side of Tooley Road. This particular area is an
extension of the provincially significant wetland (largely to the west of the Worden East
Area). It is a continuous feature and in one area it is close to connecting with the
Farewell Creek Valley.
2.3 Meeting with Landowners with Development Interests
Planning Staff and Staff from the Central Lake Ontario Conservation Authority met at their
request with a number of landowners with development interests, Mr. and Mrs. Curtis,
Ryan Lavender, Gina Lavender, Dave Holland and Ryan Zygocki, who own lands on west
side of Tooley Road in close proximity to Springfield Lane. The majority of the lands are
within the area identified as an Area of High Aquifer Vulnerability and in close proximity to
a provincially significant wetland, most of which is now in municipal ownership. These
lands form part of a natural heritage system identified in the Draft Official Plan released in
2015. The existing policies of the Clarington Official Plan require any development
proposal within or near a natural feature to complete an Environmental Impact Study in
support of the proposal. The landowners were encouraged to prepare one study rather
than independent studies to provide a better understanding of the natural heritage system
and define the limits of development.
2.4 Roundtable Meeting with Area Residents
On January 19th, 2016 Staff met with 9 residents from Tooley Road who had made
submissions on the proposed neighbourhood plan following the November 10, 2015
meeting. The meeting was to discuss the H & H project and proposed changes to the
2002 Neighbourhood Design Plan. The meeting provided a good opportunity for dialogue
and gain a better understanding of issues all around. Their comments with respect to the
H & H project are discussed in PSD -015-16.
Staff provided the residents with a draft of the proposed changes to the Neighbourhood
Design Plan as well as a three dimensional illustration of what the neighbourhood could
look like if all lands were to develop in accordance with the proposed changes to design
plan (see Attachment 4).
The residents at the meeting understand that development on Tooley Road is inevitable
yet want to ensure that the character is maintained. Protection of natural environment,
maintaining larger lots, homes with greater setbacks from Tooley Road to maintain
`green' along the frontage rather than a 'wall' of garages and driveways were important to
the residents. The residents also requested a park and opportunities for recreation.
12-61
Municipality •`g°on
ReportPSD-014-16 •.
ge 5
Principles for the WordenPlan
ig:_-,
3.1 The Character of Tooley Road Area
Throughout the consideration of these applications, residents have raised the issue of the
character of Tooley Road. Specifically many residents have stated that a multi -residential
development, at any density, is not compatible with the character of the other homes
along the road. Staff have reviewed this matter in some detail.
The homes along Tooley Road have been built over a period of time, mostly when Tooley
Road was a rural area. By necessity, to provide for septic sanitary sewer systems and
private wells, the lots are large and deep. The placement of the existing residences are
varied; some are setback a distance from the road while others, usually more recent, are
much closer. Many of the homes are from the 60's built as bungalows, with a mixture of
wood and brick veneer siding. Garages may be attached or separate or none at all.
More recent homes tend to be two-storey, with brick and/or stone veneer, and attached
two car garage.
Since 1976, these lands have been within the Courtice Urban Area. This area has been
identified for urbanization on full municipal services. In 1984, the R1 zone was applied to
the frontages of most properties in anticipation of the urbanization. This existing zone
allows for single detached dwellings 15 m wide lots or semi-detached dwellings on 18
metres wide lots, approximately 9 metres wide for each unit. Until services are available,
semi-detached lots are not viable.
A number of the properties on the west side of Tooley Road have severed the rear
portion of their lots for sale to developers. However, in this process, the retained lots vary
between 28 and 75 metres in depth, quite deep for urban lots. In part this is due to the
placement of the existing homes further back than minimum setback.
Perhaps the most consistent attribute is the mature vegetation along both sides of the
road. This reflects the age of the residences and the large setbacks from the road which
has allowed for well -vegetated front yards.
The last element is the road itself. The greater portion of Tooley Road within the Courtice
urban area has curb and gutter with the exception of the very north section. There are no
sidewalks despite its collector road status. Although it has been referred to as a great
place to walk and bike because of its roadside ambience, there will need to be
improvement in the coming years for walkability and pedestrian safety.
Based on the outcome of the design charrette and the analysis of the neighbourhood, the
following principles guided the amendments to the Neighbourhood Design Plan.
Protect the Natural Environment Features
The Farewell Creek valleylands, provincially significant wetland, area of high
acquifer vulnerability and wooded areas makeup the majority of the natural heritage
12-62
Municipality of Clarington
Report PSD -014-16 Page 6
features that should be protected. Opportunities to retain existing mature trees on
other lands should be pursued.
ii) Provide for Recreation Opportunities
The Farewell Creek valley and the significant forest cover in areas provide long term
opportunities for trails,
iii) Street Connectivity and Walkability
Creating a street connection to Centrefield Drive would provide greater permeability
within the Worden Neighbourhood for motorists, pedestrians and cyclists providing
alternative routes and dispersing traffic.
iv) Sensitive Infill Development
Infill development along Tooley Road, should be sensitive to the existing lots as
much as possible to retain some of the character of Tooley Road.
v) Variety of Housing for Various Needs
Recognizing that Tooley Road area is part of an urbanizing area, there will be
change. While this area is not a key intensification area, new development should
provide for a variety of housing, including larger lot single detached residential lots
which is often not found in a standard subdivision.
vi) Enhanced Landscaping
Outside of the natural heritage features, new development will necessitate the
removal of some existing trees and vegetation. This should be replaced with
enhanced landscaping on private properties and in the road allowance.
A. Proposed Amendments to the Worden East Neighbourhood
Design
4.1 The proposed revised Worden East Neighbourhood Design Plan forms Attachment 3 to
this report. The following areas are proposed:
Environmental Study Area
Through existing data and analysis by the Central Lake Ontario Conservation Authority
based on Provincial policies and Regional Official Plan, the natural heritage system is
much larger than what is currently shown in the 2002 neighbourhood design plan and the
current Official Plan. The area has been identified as an Area of High Aquifer
Vulnerability. The large tree canopy indicates this area is significant to the overall system.
The Regional Official Plan identifies this area as Key Natural Heritage and Hydrologic
Features. These lands will require a study to determine the development limits, areas of
12-63
Municipality of Clarington
Report PSD -014-16
Paqe 7
protection, buffers, as well as possible mitigation and compensation measures. Areas
identified for development will be for low density residential development subject to the
recommendations of the environmental impact studies.
Extension of Poppyfield Drive
Staff recommend keeping the extension of Poppyfield Drive to Tooley Road. This will
provide for a connection from the Tooley Road area to the Centrefield Drive area and
an option for motorists, pedestrians and cyclists to move to points west to access the
neighbourhood park, S.T Worden Elementary School and the retails uses and services
on Courtice Main Street.
Termination of Cloverfield Street and Springfield Lane
As a result of H & H proposal and the deletion of the school site, Cloverfield Street will be
terminated at Centrefield Drive, with the existing road being incorporated as an entrance
to the Multi -unit Low Density Area.
Springfield Lane will be terminated at its current location in recognition of the natural
heritage feature.
Residential Development
i) A Multi -unit Low Density Residential area provides for one block with multiple
townhouses and semi-detached units with a system of internal private lanes and
amenity areas.
ii) Lands for Single Detached Residential are identified between the Poppyfield Drive
extension and the Multi -unit Low Density Residential area. These are
recommended for 15 metre wide lots. These lands are in close proximity to the
natural heritage features and will require an environmental impact study to
determine development limits. In addition, the street frontage of the H & H site is
recommended to have the same designation but with 17 metre wide lots.
iii) Residential Infill development may occur on either side of Tooley Road in the
Existing Residential Area. New lots may proceed by way of severance provided
that, where applicable, an Environmental Impact Study supports development.
iv) A Medium Density Residential area is proposed at the south-west corner of Tooley
Road and the future extension of Adelaide Avenue. This location is on the corner
of a Collector Road and Type B Arterial Road and an appropriate site for medium
density development, where transit will likely be available once Adelaide Avenue is
constructed. The site is in close proximity to the Environmental Study Area,
Stormwater Management Ponds
Future development application would determine the location of a stormwater
management facility needed mid -block. It could be on either side of Tooley Road.
12-64
Parks and Trails
The 2002 Neighbourhood Design Plan shows a parkette beside the elementary school.
The park location was appropriate at the time given that it was adjacent to the school.
There may be opportunity to provide a small parkette and trails north of the extension of
Poppyfield Drive once the environmental studies are completed. The Farewell Creek
provides an excellent opportunity for trails, however will require the acquisition of land or
easements.
5. Application to Amend the Clarington Official Plat,
5.1 H & H application proposes to amend the Official Plan to delete the separate elementary
school symbol. The Peterborough Victoria Northumberland and Clarington Catholic
District School Board no longer requires the site, and as such Staff are recommending
approval of the Official Plan Amendment 104 to the delete the school symbol as shown
on Attachment 2 to this report.
6.1 The majority of the lands fronting onto Tooley Road are zoned "Urban Residential Type
one (R1)". The R1 zone permits single detached dwellings on lots with 15 metres of
frontage or semi-detached or linked units on lots of 18 metres of frontage (approximately
9 metres for each dwelling unit) provided it is serviced with municipal water and sanitary
sewer (see Figure 2).
12-65
Municipality of Clarington
Report PSD -014-16
Page 9
Figure 2: Lands showing zoning on the west and east side of Tooley Road
Municipal water exists on Tooley Road. Sanitary sewers on Tooley Road is scheduled
for installation by the Region in 2016 from Nash Road to McLean Road. This will permit
further development of single detached dwellings and semi -linked dwellings on Tooley
Road.
Staff recommend that the Municipality initiate an amendment to the zoning by-law to
delete the semi-detached or linked units and increase the minimum lot frontage to 17
metres and increase setbacks to the road for the lots fronting onto Tooley Road only.
These amendments are intended to provide for lot widths and setbacks that better reflect
the existing character of the lots and homes on Tooley Road.
The lands zoned "Urban Residential Type One (R1)", proposed for Multi -Unit Medium
Density Residential in the Neighbourhood Design Plan is recommended to be zoned
"Agricultural (A)". The "A" zone is often used in urban areas prior to establishing
development limits or reviewing site specific applications.
12-66
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Municipal water exists on Tooley Road. Sanitary sewers on Tooley Road is scheduled
for installation by the Region in 2016 from Nash Road to McLean Road. This will permit
further development of single detached dwellings and semi -linked dwellings on Tooley
Road.
Staff recommend that the Municipality initiate an amendment to the zoning by-law to
delete the semi-detached or linked units and increase the minimum lot frontage to 17
metres and increase setbacks to the road for the lots fronting onto Tooley Road only.
These amendments are intended to provide for lot widths and setbacks that better reflect
the existing character of the lots and homes on Tooley Road.
The lands zoned "Urban Residential Type One (R1)", proposed for Multi -Unit Medium
Density Residential in the Neighbourhood Design Plan is recommended to be zoned
"Agricultural (A)". The "A" zone is often used in urban areas prior to establishing
development limits or reviewing site specific applications.
12-66
Municipality of Clarington
Report PSD -014-16
7. C and su on1
Paae 110
7.1 Over the past 60 years Tooley Road has evolved and for the past 40 years has been
within the Courtice urban area. With provincial policy directives for infill and
intensification, and imminent servicing there will be pressure to develop in this
neighbourhood. The proposed changes to the Neighbourhood Design Plan will assist in
guiding future development so that the character of Tooley Road can be maintained.
7.2 In consideration of all agency, staff and public comments, it is respectfully recommended:
that the application by H & H to amend the Clarington Official Plan to delete the
elementary school site be approved;
ii) that the Directors of Planning Services and Engineering Services approve the
revised to the Worden East Neighbourhood Design Plan; and
iii) that staff take the appropriate steps to amend the R1 zone along Tooley Road to
ensure the character of this area remains somewhat consistent.
Submitted b
Y Reviewed by.:
D J. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or
cstrike@clarington.net
Attachments:
Attachment 1 - Worden East Neighbourhood Design Plan (2002)
Attachment 2 - Amendment No. 104 to the Clarington Official Plan
Attachment 3 - Amendment to the Worden East Neighbourhood Design Plan (2016)
Attachment 4 — Illustration of Proposed Dwellings along Tooley Road
List of interested parties may be obtained through the Planning Services Department
CS/CP/df
12-67
MunMpaRy of Mae6ngton
Aflachme-ni `d to
Report UFSD-01 ,-16
/ LEGEND
(GZ ENVIRONMENTAL PROTECTION AREA
EXISTING RESIDENTIAL AREAS
RESIDENTIAL DEVELOPMENT ARES
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PROPOSED DEVELOPMENT
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Aflachme-ni `d to
Report UFSD-01 ,-16
/ LEGEND
(GZ ENVIRONMENTAL PROTECTION AREA
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12-68
LOW
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12-68
Attachment 2 to
Municipality of Ciarington Report PSD -014-16
Amendment Number 104
To The M unicilpaiity of Cilarington Official Pian
Purpose: To remove the Separate Elementary School symbol from the
lands as shown on Map A2 of the Municipality of Clarington
Official Plan.
Basis. This amendment is based an application to amend the
Clarington Official Plan from H & H Properties to remove the
Separate Elementary School symbol as shown on Map 2. The
Peterborough Victoria Northumberland and Clarington Catholic
School Board no longer requires an elementary school in this
location.
Actual
Amendment: The Clarington Official Plan is hereby amended as follows:
By amending Map A2 — Land Use Courtice Urban Area by
removing the Separate Elementary School symbol as
shown on the attached Exhibit "A".
Implementation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the interpretation of the Plan, shall apply in
regard to this Amendment.
12-69
Exhibit "A", Amendment No. 104 To The Municipality Of Clarington Official
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12-70
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12-71
Attachment 3 to
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Environmental Protection
Existing Residential And
Infill Opportunity
Single Detached Residential
OMulti -unit Low Density
Residential
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COURT
ORDEN EAST NEIGHBOURHOOD PLAN
LAND USE CONCEPT PLAN
DWG.NO. 1
Worden East Neighbourhood'Design Plan
Development
Poppyfield Drive
Possible Development
Pattern
Possible Residential
Development by H & H
properties
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If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102
Rleport To: Planning and Development Cornmittee -
Late of Meeting: February 1, 2016
Report Humber: PSD -015-16 ResoVdon:
Vile Number: S -C 2015-0001, By-law Number:
ZBA 2015-0002, SPA 2015-0001
Report Subject: Applications by H & H Properties Ince to develop 68 Low Density
Multi -Unit Residential Dwellings and 9 Single Detached Units
1. That Report PSD -015-16 be received,
2. That the application for Draft Plan of Subdivision S -C-2015-0001 submitted by H & H
Properties Inc. be supported subject to conditions as contained in Attachment 2 of Report
PSD -015-16)
3. That the Zoning By-law Amendment application submitted by H & H Properties Inc. be
approved as contained in Attachment 3 of Report PSD -015-16;
4. That Council approve, in principal, the closure and conveyance of Cloverfield Street, east
of Centrefield Drive to the limits of the H & H Properties Inc. development proposal-,
5. That once all conditions contained in 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,
6. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD -015-16 and
Council's decision-, and
7. That all interested parties listed in Report PSD -015-16 and any delegations be advised of
Council's decision.
12-73
Municipality of Ciarlington
Report PSD -016-16
Repot OCIen7 evu
Page 2
It is recommended that the development applications for a plan of subdivision and rezoning
submitted by H&H Properties Inc. be approved. Future applications for site plan and plan of
condominium will be considered by staff under delegated authority based on these approvals.
The original application provided for an 80 unit development of one or one and a half storey
townhouses and semi-detached dwellings in a common elements condominium. The revised
proposal inserts a row of 9 lots for single detached dwellings along the west side of Tooley
Road and reduces the size of the block for multi -unit development allowing for up to 68
townhouses and semi-detached dwellings. The primary access, by virtue of convenience and
destination, will be off Centrefield Drive.
The concerns of the residents have been carefully weighed and responded to through the
application process and the related consideration of the Neighbourhood Design Plan revisions.
1.1 Owner/Applicant: H & H Properties Inc.
1.2 Agent: D.G. Biddle and Associates
1.3 Proposal: Development Concept:
Original:
80 unit development comprising 72 one -storey townhouses and 8
semi-detached dwellings within a block. Eight one -storey
townhouses would have reverse frontages on Tooley Road with a
setback 7.6 metres from the road allowance, with landscaping
and architectural finishes on the front elevation.
Revised:
78 unit development comprising /0 single detached residential
lots on Tooley Road and 68 multi -residential one -storey
dwellings, within an interior block. These units include, 8 semi-
detached units and 60 townhouse units, in blocks of 3 and 4.
The 10 single detached dwellings on Tooley Road are proposed,
with a 6 metre setback from the road allowance, with double car
driveways and garages. The applicant subsequently agreed to
reduce the number of single detached dwellings to 9 with 17
metre frontages.
12-74
Municipality of C9arington
Report PSD -015-16
Page 3
Draft Plan of Subdivision:
Original.-
To
riginal:To create one block to allow for the registration of a common
elements condominium, other blocks for road widenings.
Revised.-
To
evised.
To create 9 single detached lots on Tooley Road, a block for a
common elements condominium and other blocks for road
widenings.
Zoning By-law Amendment:
Rezoning from "Holding -Urban Residential Type One ((IH)R1)
Zone" and "Urban Residential Type One (R1) Zone" to an
appropriate zone to permit the development.
1.4 Site Area: 3.807 hectares (9.4 acres)
1.5 Density: 21.2 units per hectare
1.6 Location: The lands subject to these applications are located
approximatelyl00 metres north of Nash Road, west of Tooley
Road, being Part Lot 33 Concession 3, in the former Township of
Darlington (see Figure 1).
1.7 Within Built Boundary: Yes
12-75
Municipality of Clarington
Report PSD -015-16
Figure 1: Key Map
2. Background
Page 4
—McU,
2.1 On December 24, 2014, H & H Properties Inc. (H & H) submitted applications for
amendments to the Clarington Official Plan Amendment, Worden East Neighbourhood
Design Plan, By-law 84-63 and applications for a Draft Plan of Subdivision, and Site Plan
Approval, to permit 80 multi -unit residential dwellings in one block, fronting onto an
interior network of private lanes (see Figure 2).
12-76
Municipality of Clarington
Report PSD -015-16
Figure 2: Original Submission
Page 5
2.2 In consideration of the comments received by area residents, the applicant revised the
proposal by eliminating the townhouse units fronting onto Tooley Road and replacing
them with 10 single detached units, with 15 metres of frontage resulting in a reduction
in size of the block and the number of townhouses and semi-detached units to 68
units, for a total of 78 units; eliminating one of the two access points onto Tooley
Road, and adding a new private access to Centrefield Drive by closing Cloverfield
Street (see Figure 3).
12-77
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2.2 In consideration of the comments received by area residents, the applicant revised the
proposal by eliminating the townhouse units fronting onto Tooley Road and replacing
them with 10 single detached units, with 15 metres of frontage resulting in a reduction
in size of the block and the number of townhouses and semi-detached units to 68
units, for a total of 78 units; eliminating one of the two access points onto Tooley
Road, and adding a new private access to Centrefield Drive by closing Cloverfield
Street (see Figure 3).
12-77
Municipality of Clarington
Report PSD -015-16
Figure 3: Revised Submission
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Paae 6
2.3 As a result of the proposed changes, the Neighbourhood Design Plan, there are ripple
effects on adjacent lands and staff felt that it was also appropriate to review other
portions of the neighbourhood. The public engagement process on the neighbourhood
plan review is detailed in Section 2 of PSD -014-16.
3. Land Characteristics and Surrounding Uses
3.1 The lands subject to the applications were assembled from eight parcels, with frontage on
Nash Road, Tooley Road and Cloverfield Street. There are two homes that will be
12-78
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2.3 As a result of the proposed changes, the Neighbourhood Design Plan, there are ripple
effects on adjacent lands and staff felt that it was also appropriate to review other
portions of the neighbourhood. The public engagement process on the neighbourhood
plan review is detailed in Section 2 of PSD -014-16.
3. Land Characteristics and Surrounding Uses
3.1 The lands subject to the applications were assembled from eight parcels, with frontage on
Nash Road, Tooley Road and Cloverfield Street. There are two homes that will be
12-78
Municipality of Clarington
Report PSD -015-16
e7
demolished to facilitate this development, fronting on Tooley Road. The subject lands are
relatively flat with low lying vegetation and mature trees, some of which have been
removed. (See Figures 4 and 5).
Figure 4: Looking west from Tooley Road Figure 5: Looking east from Cloverfield Street
3.2 The surrounding uses are as follows:
North - residential on large lots and vacant lands
South - residential and church
East - residential on large lots
West - urban residential
4. Provincial Policy
4.1 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. Some relevant policies are:
• New development shall occur adjacent to built-up areas and shall have compact
form, a mix of uses and densities that allow for the efficient use of land,
infrastructure and public services.
• New housing is to be directed to locations where infrastructure and public services
are or will be available.
• 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.
12-79
Municipality of Clarington
Report PSD -015-16
Infrastructure and public service facilities shall be provided in a coordinated, efficient
and cost effective manner.
4.2 Provincial Growth Plan
The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas, such as the Courtice Urban Area. 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. In particular:
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.
m Municipalities should establish an urban open space system within built up areas.
® Municipalities must accommodate residential development in the built-up area.
4.3 The applicant's original and revised proposals, provide for an expanded array of housing
types. The revised proposal will require the extension of sanitary services from Nash
Road. The site is in close proximity to a Durham Region Transit Route on Nash Road, a
public elementary school, a neighbourhood park, and commercial uses and services on
Courtice Main Street. Both the original and the revised proposal would be consistent with
the Provincial Policy Statement and conform to the Growth Plan.
5.1 Durham Regional Official Plan
The Durham Region Official Plan 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 designation.
5.2 Clarington Official Plan
5.2.1 The lands are designated as Urban Residential with a separate elementary school and
medium density symbol in the vicinity of the site. The lands are within the Worden
Neighbourhood, which has a population allocation of 3900 and a housing unit target of
1300, including 85 medium density units and 50 units for intensification.
12-80
Municipality of Clarington
Report PSD -015-16
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; but does not preclude
other housing types.
5.2.3Tooley Road is a collector road with a planned width of 23-26 metres and sidewalks are
intended to be on both sides.
5.2AAs per the policies of the Official Plan, the Worden East Neighbourhood Design Plan was
approved in 2002. An amendment to the Neighbourhood Design Plan is required, to
delete the separate elementary school site, the extension of Cloverfield Street, the single
detached dwellings on the south side of Cloverfield.Street, with one block for the
proposed multi -unit residential development and 9 lots. Staff have recommended
changes to the Neighbourhood Design Plan, as discussed in PSD -014-16.
6.1 Zoning By-law 84-63 zones the subject lands "(Holding) Urban Residential Type One"
and "Urban Residential Type One (R1)" Zone. An application for rezoning is required to
permit the proposed development.
Please note that the Summary of Background Studies all refer to the original submission.
7.1 Planning Justification Report D.G Biddle & Associates December 2014
The report submitted in support of the application, states that the proposed residential
development is consistent with the Provincial Policy Statement, the Growth Plan and both
the Region of Durham Official Plan and Clarington Official Plan. It meets the definition of
infill and intensification, as it is located within a built up area and settlement boundary.
The proposed development will rely on existing public infrastructure, including water,
sanitary sewer services and it is close to public transit, which provides access to the
commercial amenities and services, both locally, as well as the broader region.
The proposed site plan meets with the objectives of the Urban Design Policies, as it will
create an inviting streetscape through building siting and landscaping. The access points
promote walkability to amenity areas within community. There is sufficient off-street
parking to ensure there is no conflict with traffic on Tooley Road and there will be barrier
free and visitor parking in keeping with the requirements of the zoning by-law.
The Functional Servicing Report states that stormwater for the single block will be
handled on site, with a private stormwater management pond which will adhere to
Clarington's current standards for stormwater retention and release.
The Traffic Impact Study states that traffic generated will have a minimal impact on the
intersections of Tooley Road and Nash Road and Centrefield Drive and Nash Road, and
12-81
Municipality of Clarington
Report PSD -015-16 Page 10
the proposed site entrance driveways (on Tooley Road) will provide good levels of
service for the proposed development.
7.2 Traffic Impact Study, Tranplan Associates December 2014
The Traffic Impact Study examined the anticipated impacts of the proposed development.
The study considered peak periods in the morning and afternoon at the intersections of
Tooley Road/Nash Road and Centrefield Drive/Nash Road. Both intersections are
experiencing a good level of service.
Traffic projections to 2020 were also examined. The report did not recommend any road
improvements, including turning lanes at intersections. It also concluded that there is no
justification, based on current local traffic volumes and traffic patterns, to build Cloverfield
Street from Centrefield Drive and Tooley Road.
7.3 Phase One Environmental Site Assessment Geo -logic Inc September 2013
Based on site reconnaissance inspection, surrounding property uses and historical
documentation, the report concluded that there are no areas of environmental concerns
that would require a Phase Two Environmental Site Assessment.
7.4 Preliminary Stormwater Drainage and Functional Servicing Report D G Biddle and
Associates, December 2014
The site will be serviced from the existing watermain on Tooley Road. The sanitary sewer
currently exists on Tooley Road, but only 80 metres north of Nash Road. The Region of
Durham advised that the extension of sanitary sewers north to McLean Road has been
budgeted for and will be installed in 2016. As such, the proposed development will be
serviced from Tooley Road.
The storm sewer system is proposed on-site and will be designed in keeping with
municipal standards, although it will be owned and maintained by the condominium
corporation. The single detached dwellings will connect to the storm sewers on Tooley
Road.
7.5 Geotechnical Investigation, Geo -logic Inc. September 2013
The geotechnical investigation concluded that based on test pits and on-site observations
the site is suitable for development.
7.6. Species Risk Assessment, Niblett Environmental Associates Inc October 2013
The study concluded there are no milksnakes or milksnake habitat on the subject site or
within 120 metres of the site. No butternut trees were found during the site investigation.
12-82
Municipality of Clarington
Report PSD -0.15-16
a. E.�lic otic I l ifo is
Page 11
8.1 On March 10th, 2015, a Public Information Centre was held to introduce the proposal and
to gather input from area residents. Approximately 40 residents attended.
8.2 A Public Meeting was held on March 30, 2015. The Public Notice was given by mail to
landowners within 120 metres of the subject site and Public Notice signs were placed on
Tooley Road, Nash Road and the end of Cloverfield Street. A number of residents
attended and six individuals spoke in opposition to the development applications.
A petition with 300 signatures, in opposition, was also submitted. One individual spoke, in
support of the application.
8.3 At the April 12, 2015 Council Meeting, one individual appeared in opposition to the
proposal.
8.4 Through submissions, area residents have expressed many concerns which are
summarized below:
® The form of development is not compatible with the rural character of the
neighbourhood;
® Proposed development will set a precedent for higher density development;
® Peaceful and quiet neighbourhood will be impacted;
® Increased traffic on Tooley Road and on surrounding roads. Tooley Road, Nash
Road and Valleycrest Drive will increase wait time for motorists and these roads are
unsafe for pedestrians;
® More on -street parking;
The proposed stormwater management pond will attract geese and mosquitoes;
® Negative impact on the environment, wildlife and trees;
Negative impact on existing wells;
Concern with appearance of units backing onto Tooley Road; and
Fencing along existing residential lots.
8.5 Staff have also received letters of support, stating that the proposed one -storey style
condominium housing is desirable for "empty nesters". The lands are close to local
amenities and the form of housing is desirable for people wanting to downsize, yet stay in
Courtice.
8.6 On January 19, 2016, a round table discussion was held with the area residents who had
made submissions on the proposal following the November 10, 2015 meeting. Key areas
of discussion were:
The number of single detached dwellings now proposed for the frontage;
The setback of the residences, the size of lots, parking and driveways;
12-83
Municipality of Clarington
Report PSD -015-16
• The potential for the single detached units to be two storey buildings, built close to
the road and creating a "wall" effect;
• The potential design, landscaping and setback of the original proposal for reverse
frontage townhouses;
• Visitor parking within the complex and potential for spillover out onto Tooley Road;
• Number of entrances to the multi -unit block on Tooley Road;
• Sufficiency of private greenspace within the complex and the municipal parkland
requirements; and
• Potential for this being a precedent for other developments on Tooley Road.
As the residents better understood the concept of the townhouses, a number of the
residents preferred the original concept with the one -storey townhouses with the
upgraded facades and landscaping. Although this introduced a different form of housing,
some felt that it would better maintain the green edge along Tooley Road,
8.7 All comments will be addressed in Section 11 of this report.
a
9.1 The Region of Durham, Region of Durham Planning and Economic Development
Department, states that the lands are designated as Living Area and shall be used
predominantly for housing purposes, with the widest variety of housing types, sizes and
tenure. Living Areas shall be developed in a compact form through higher densities by
intensifying and redeveloping into existing areas. The proposed development is permitted
by the regional official plan, as it supports infill development within the urban area,
implementing the intensification policies.
The proposal is consistent with the Provincial Policy Statement, as it is consistent with
healthy, livable and safe communities by accommodating an appropriate mix of
residential dwelling types.
The subject lands are within the Built-up Area of the Growth Plan. This Plan includes
policies to direct development to settlement areas, and provide direction for intensification
targets within Built-up Areas. The proposal provides for a variety of residential forms
which will provide for intensification within.an existing residential area and is consistent
with the Growth Plan.
A Stage 1 archaeological assessment must be completed and submitted to the Ministry of
Culture, Tourism and Sport for review and approval.
The Phase One Environmental Site Assessment (ESA), states that no further site
investigation is required. Region will require the owner to extend reliance to the Region
to enable the Region to rely on the findings of the Phase 1 ESA, by completing the
Reliance Letter and Certificate of Insurance.
12-84
Municipality of Clarington
Reroort PSD -015-16
Regional Services
e13
Municipal water supply is available to service the proposed development on Tooley Road.
Municipal sanitary sewers are located on Tooley Road, 81 metres to the south. The
Region is proposing to extend the sanitary sewer on Tooley Road north to McLean Road,
in 2016.
9.2 CLOCA staff reviewed the Functional Servicing and Stormwater Drainage Report, the
Draft Plan, as well as the Associated Engineering drawings, and advises that the reports
and drawings present sufficient information for CLOCA to support the applications,
subject to conditions of draft approval.
9.3 Kawartha Pine Ridge District School Board advises that any students generated by this
development would attend S.T. Worden Public School and Courtice Secondary School.
The school boards support the sidewalks internal to the site, as well as on Tooley Road
and Cloverfield Street.
10.1 The Engineering Services Department has reviewed all aspects of this proposal and does
not object to the development, in principle.
Every effort must be made to minimize the importing and exporting of fill material. Should
Site Alteration Works be necessary, in advance of the site plan approval, a permit is
required from the Municipality, under Site Alteration By-law 2008-114. Should Site
Alteration Works be necessary, as part of the site plan approval, a Soils Management
Report shall be submitted to the Director of Engineering Services, for approval.
Access points for the multiple unit block is now proposed on both Tooley Road and
Centrefield Road, which will disperse the traffic over two streets and will reduce impacts
at the Tooley Road and Nash Road intersection. Additionally, the access added to
Centrefield Road will provide for direct access to a signalized intersection, as
signalization of the Nash Road and Centrefield Road intersection is planned for 2016
(pending Council approval). Based on anticipated future traffic volumes on Tooley Road,
the proposal will not pose a traffic concern.
The short stub of Cloverfield Street between Centrefield Road and the proposed
development must be legally closed by Council by-law and conveyed to the applicant.
The applicant must remove all above ground and below ground infrastructure prior to
development proceeding.
Development cannot proceed until the sanitary sewer is installed on Tooley Road by the
Region, anticipated in 2016. The rehabilitation of Tooley Road by the Municipality is
anticipated in 2017.
12-85
Municipality of Clarington
Revort PSD -016-16
Page 14
The applicant will be required to install a sidewalk on the west side of Tooley Road from
Nash Road to the north property boundary.
The proposed stormwater management pond is for the multi —unit block. It is private and
will be maintained by Condominium Corporation. The nine single detached dwellings will
connect into the storm sewer on Tooley Road.
The Owner will be required to pay an appropriate share for the oversizing of storm
sewers on Nash Road.
The applicant will be required to pay the appropriate cash, in lieu of parkland dedication.
10.2 Emergency and Fire Services have no objections.
10.3 Operations has no objections to the principle of development. They did provide numerous
comments that will be addressed through the site plan process.
11.1 Original and Revised Proposals are both Low Density
Low density residential development refers to development that has a net density of 10
to 30 units per hectare.
The original proposal provided for single storey or one and a half storey townhouses
and semi-detached dwellings in an integrated development. The multi -unit development
would be developed as a common elements condominium. Staff are advised that the
intended market is for older adults looking to downsize. This would add a much needed
variety to the housing mix in Courtice.
The applicant revised the proposal to incorporate single detached lots along the Tooley
Road frontage to meet the resident's concerns that the proposed development was not
in keeping with the character of the neighbourhood. The applicant proposed 10 units
with 15 m frontages; and subsequently agreed to reduce the number to 9 lots with 17 m
frontages.
The density of the original and revised applications remain virtually the same:
Original — 21.2 units per ha.
Revised — 20.2 units per ha (20.6 units per ha for the multi -unit block).
(Both calculations exclude the Cloverfield Street extension which would have been
added into their proposal).
12-86
Municipality of Clarington
Report PSD -015-16 Paae 15
11.2 Streetscape View of Original and Revised Proposals
The revised proposal would create a street frontage of 17 metre lots to essentially hide
the multi -unit residential block with wide urban single detached lots. The proposed
single detached units would be one or one and a half storey units, likely similar to the
homes on Prestonvale Road (shown below), which are on 15 m wide lots. The homes
on these urban lots would traditionally have a minimum front yard setback of 6 metres.
While this provides similar homes to the existing single detached dwelling, it will be an
urban character and a considerable change to the area. With the two car or wider
driveways, there is limited opportunity for the landscape character that exists today.
Figure 6: Bungalow units on Prestonvale Road, Courtice
The reverse frontage townhouses, while a different housing form than the existing
residences along Tooley Road, provide an opportunity for a green, landscaped frontage
that would be more continuous, broken up only by the two driveway entrances to the
multi -unit block. They are also set back from the road a greater distance as the zoning
by-law would consider this frontage area as the unit amenity area, set back approximately
7.6 metres.
There are no similar examples of the streetscape with one -storey townhouses in
Clarington. There are two or three stories examples, see Figures 7 and 8.
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Municipality of Clarington
Report PS® -015-16
Figure 7: Sprucewood Crescent townhouses in Bowmanville
Page 16
Figure 8: Meadowglade Road townhouses in Courtice
In staff's view, the reverse frontage townhouses provide a more desirable streetscape
allowing for high quality landscaping uninterrupted by driveways.
Municipality of Clarington
Report PSD -015-16
11.3 Impact on the Environment
Paqe 17
There are many vegetative features on the subject site, but it is not part of woodlot and
they have limited environmental value. The subject property is not in close proximity to
any area identified as a natural heritage feature, and as such, an Environmental Impact
Study was not required. The Conservation Authority did however, request a Species at
Risk Assessment for the milksnake and Butternut tree. The study concluded, there are
no milksnakes or milksnake habitat on the subject site or within 120 metres of the site.
No Butternut trees were found during the site investigation.
11.4 Traffic and Parking
The traffic report submitted in support was based on the first submission, which showed
two accesses on Tooley Road. It confirmed that the proposed development would not
have an impact on Tooley Road or Nash Road. The revised proposal reduces the access
points on Tooley Road from two to one and introduced a new access on Centrefield
Road. With planned signalization of Centrefield Drive and Nash Road, traffic movements
in the area will be improved.
The townhouses and semi-detached units will have one and two car garages and outdoor
parking spaces. In addition to the garages, there are 108 driveway parking spaces for all
the units. Seventeen outdoor visitor parking spaces and barrier spaces as well are
required. There should be sufficient parking within the site, such that parking on Tooley
Road from residents or patrons of the block, should not be an issue.
The single detached lots on Tooley Road will have 6.0 metre driveway widths, sufficient
for two outdoor parking spaces.
The Municipal Traffic and Parking By-law permits three hours of on -street parking on any
municipal road, unless otherwise posted. Residents requiring on -street parking for
periods longer than three hours (in permitted parking areas), can purchase a Parking
Permit from the Municipality.
11.5 Parkland
Area residents are concerned that there will be no public park. The H & H proposal
provides for amenity space for the residents of the multi -unit development. The amenity
area shown in, the current site concept, exceeds the area requirements in the Council
approved Clarington Amenity Guidelines.
The parkette is proposed to be removed from the Neighbourhood Design Plan given that.
it is no longer possible to create a significant space without the co -location of the school.
However, Parkland opportunities will be explored through the Environmental Study Area
in the future.
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Municipality of Clarington
Report PSD -015-16
Page 16
H & H is required to pay cash in lieu of a park, in addition to the private amenity spaces
within the block.
11.6 _Impact on Private Wells
There are some existing homes on Tooley Road that still have wells and septic systems.
There is municipal water on Tooley Road. Should there be an impact, municipal water is
available.
11.7 Zoning to improve compatibility of proposed lots on Tooley Road
The development of the 9 lots on Tooley Road would be permitted under the existing
zoning by-law; there would be no need to amend it. However, after discussions with the
residents; staff feel that there are a number of areas that would improve the potential
outcomes as follows:
• Semi-detached and link dwellings will not be permitted.
• Minimum lot frontage will be increased from 15 m to 17 m.
• Setback to the dwelling units will be increased from 6 m to 7 m.
• Setback to a private garage will be increased from 6 m to 7.5 m.
• The maximum height requirements will be reduced from 10.5 m to 7 m.
• A maximum of two car garages are permitted (maximum width 6 m).
11.8 Closure and Conveyance of Cloverfield Street
In order to facilitate this development, it will be necessary for Council to approve the
closure and conveyance of the Cloverfield Street road allowance as identified above.
Once Council has approved the closure and conveyance in principle, the notice of the
proposed closure will be circulated to all departments, utilities and agencies for comment.
Subject to there being no objection from those groups, the Owner must then comply with
the Municipal Road Closure and Conveyance Policy, part of which requires that the
Owner pay the appraised land value for the road allowance.
The Municipal Policy for Road Closure and Conveyance also provides for public
notification (including adjacent property owners); however there has been opportunity for
public input on this matter through the planning process.
11.9 The applicant has provided concurrence with the attached Conditions of Draft Approval.
11.10 All taxes payable to the Municipality of Clarington have been paid in full.
12.1 The original proposal by H&H is the preferred approach by Planning Staff as it provides
for a better streetscape along Tooley Road. The revised proposal essentially hides the
bungalow multi-storey development behind single detached houses and down two
laneways.
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Municipality of Clarington
Report PSD -015-16
Paae 19
Both the original and revised proposals are approximately the same density and provide
for a much needed addition to the housing type and tenure. The traffic issues identified
by residents would be mitigated in either scenario with the new entrance off Centrefield
Drive, which would allow motorists in the development to access the future signalized
intersection at Nash Road and Centrefield Drive.
In either scenario, the multi -residential block provides substantial amenity areas, parking
and landscaping.
Planning Staff will develop some minor refinements to the General Architectural Design
Guidelines for the 9 single detached lots fronting on Tooley Road and zoning provisions
are recommended that would allow for greater compatibility with some of the existing
residences, to the extent possible. However, the single detached homes ae not subject
to site plan control.
The Tooley Road area has been designated for urbanization for 40 years, with the
extension of services, requested by the majority of residents, this infill development is
now possible. This area will no longer have semi -rural character but will transition to an
urban neighbourhood.
12.2 In consideration of the findings of all supporting studies, comments received from
circulated agencies and area residents, and based on review of the proposal, staff
recommends that the Conditions of Draft Approval (Attachment 2) and Zoning By-law
(Attachment 3), be approved.
Submitted by: ?� —
David . Crome, MCIP, RPP
Director of Planning Services
Reviewed by: ~_3-
Franklin Wu,
Chief Administrative Officer
Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike
@clarington.net
Attachments:
Attachment 1 - Proposed Draft Plan of Subdivision
Attachment 2 - Conditions of Draft Approval
Attachment 3 - Proposed Zoning By-law Amendment.
List of interested parties may be obtained through the Planning Services Department.
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Attachment 1 to
Municipality of Clarington Report PSD -015-16
12-92
Attachment 2 to
Municipality of Clarington Report PSD -015-16
Conditions of Draft Approval
File Number: S -C-2015-0001
Date: January 22, 2016
Part 1 - Plan Identification
The Owner shall prepare the final plan and shall include a land use table on the
basis of approved draft plan of subdivision S -C-2015-0001 prepared by D.G
Biddle and Associates identified as job number 113021, dated November 1.1,
2015, and redlined, which illustrates 9 lots for single detached dwellings, one
block for 68 low density multiple residential units in condominium tenure, and
one block for a road widening.
The redline revisions are:
(1) Add a 3.0 metre widening on Nash Road;
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
htt ://clarin ton.neVdocuments/ lannin /subdivision -a reement-feb2014. df
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.
Architectural Control
2.4 (1) The Owner shall be 100% responsible 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
Dago 11
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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 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 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 3.00 metre road widening across the entire frontage of Tooley Road
shown as Block 12 on the draft plan.
• A 3.00 metre road widening across the entire frontage of Nash Road
as redlined on the draft plan.
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•
Part 4 —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:
Phasing Plan
(1) The Owner shall submit plans showing the proposed phasing to the
Municipality and the Region for review and approval if this subdivision is to
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 Municipality shall require the preparation of a subdivision
agreement for each phase of development.
Functional Servicing
(2) The Owner shall submit an updated Functional Servicing Report. The
report must satisfactorily address grading, servicing and stormwater
management for the entire subdivision. It must confirm sufficient capacity
in all internal and external infrastructure including sanitary sewers, storm
sewers, stormwater management pond and emergency overland flow
route all to the Director of Engineering Services and Central Lake Ontario
Conservation Authority and Region of Durham.
Environmental Sustainability Plan
(3) The Owner shall submit an Environmental Sustainability 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
(4) 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 .
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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
Lands Requiring Site Plans
5.1 The Owner shall not make an application for a building permit in respect of
Block 11 until the Owner has received site plan approval from the Municipality
under Section 41 of the Planning Act, R.S.O. 1990, C.P.13.
Endeavour to Collect
5.2 The Owner acknowledges that the subject site is a beneficiary of
oversized/external works contained within the adjacent subdivision 10M-757.
The Owner shall pay for cost of the oversized storm sewers on Nash Road,
currently estimated at cost of $32,000.00. The payment shall be indexed from
the completion date to the date of payment. The payment is required prior to
the issuance of the Authorization to Commence.
Parkland
5.3 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-2015-0001.
Closure of Cloverfield Street
5.4 The Owner shall make application for the closure and conveyance the portion of
Cloverfield Street east of Centerfield Drive and will comply with the Municipality's
Road Closure and Conveyance Policy. Municipal Council must approve the
closure and conveyance prior to Site Plan Approval for this development. The
Owner shall remove and/or relocate all services and utilities including the
Community Mail Box to the satisfaction of the Director of Engineering Services.
Sanitary Services on Tooley Road
5.5 The Owner shall not make application for a building permit in respect of S -C 2015-
0001 until the Region of Durham has completed the extension of the sanitary
sewer on Tooley Road (anticipated in 2016).
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Sidewalk
5.6 The Owner shall be required to install sidewalks on the west side of Tooley Road
from Nash Road to the northerly limit of the subject site to the satisfaction of the
Director of Engineering Services. The Owner will be reimbursed for the cost of
the concrete sidewalk by the Municipality.
Existing Structures
5.7 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.
Road Excavation
5.8 The Owner agrees that excavation of Nash Road, Centrefield Road and Tooley
Road is not permitted between December 1St and April 30th. An appropriate
clause will be placed in the development agreements.
Driveways
5.9 The driveways for Lots 1 to 9 shall have a maximum width of 6.0 metres.
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
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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 Culture, Tourism
and Sport. No grading or other soil disturbance shall take place on the
subject property prior to a letter from the Province confirming that all
archaeological resource concerns have satisfied.
(6) Prior to final approval, the Owner is required to submit a Region of
Durham Reliance Letter and a Certificate of Insurance for the Phase One
Environmental Site Assessment submitted by Geo -logic Inc. in support of
the subject application and dated September 2013.
6.2 Conservation Authority
(1) Prior to any on-site grading or construction of final registration 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 conveying stormwater flow from the site,
including use of stormwater techniques which are appropriate and in
accordance with the provincial guidelines.
(b) 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 prevent an increase in the concentration of solids in any
water body as a result of on-site or other related works, and
(c) 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, measures be in place, to the satisfaction of the Conservation
Authority and the Municipality to ensure that there are no impacts to
existing shallow private wells in the areas to the east as a result of
dewatering activities on the site.
(3) That, the Owner shall submit for review and approval to the Conservation
Authority and municipality a Landscape/Restoration Plan for the
stormwater management pond. The landscaping plan will implemented as
part of the development of the site and will consist of native non-invasive
species.
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(4) The subdivision agreement between the Owner and the Municipality shall
contain, among other matters, the following provisions:
a) The Owner agrees to carry out the works referred to in Conditions
6.2 (1), (2), (3) & (4) to the Conservation Authority.
b) The Owner agrees to maintain all stormwater and erosion and
sediment control structures and measures operating and in good
repair during the construction period in a manner satisfactory to the
Conservation Authority.
c) The Owner agrees to advise the Conservation Authority 48 hours
prior to the commencement of grading or infiltration of any on-site
works.
(5) 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.
6.3 Ministry of Culture, Tourism and Sport
No demolition, grading or other soil disturbances shall take place on the lands
prior to the Ministry of Culture, Tourism and Sport confirming that potential
adverse impact to the archaeological resources to be identified in the
forthcoming archaeological assessment.
6.4 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.
l�11age 17
12-99
(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).
Utilities
6.5 (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 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.
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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:
Am
The Owner shall include the following notice in the agreement of Purchase and Sale for
Lot 9.
Storm sewer— A 3.18 metre storm sewer and associated underground piping has been
installed on this lot. The storm sewer is designed to drain the lands from the west. The
property owner must not build any structure, (including pools) or driveway on the storm
sewer easement,
Privacy Fencing
The Owner shall include the following notice in the agreements of purchase and sale for
Lots 1-9:
Privacy Fencing — Privacy fencing is a required feature on this lot and is
located on the lands owned by the abutting condominium corporation.
Maintenance of this privacy fencing is the responsibility of the abutting
condominium corporation after the developer has been released from any
further responsibility for the fence.
Multi -unit Development
The Owner shall include the following notice in the agreements of purchase and sale for
Lots 1-9:
Multi -unit Development — Owners are advised that a multi -unit residential
development is approved on the abutting lands to the rear of these lots.
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 of Durham how Conditions 2.2, 4.1 (1) & 6.1 have been
satisfied;
(b) Central Lake Ontario Conservation , how Conditions 6.2 have been
satisfied;
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(c) Canada Post how Conditions 6.4 have 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.
(c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M 1 P 5A1
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Attachment 3 to
Municipality of Clarington Report PSD -01516
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2016 -
being a By-law to amend By-law 84-63, a Zoning By-law for the Corporation of
the Municipality of Clarington.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2015-0002;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE ONE
(R1) ZONE" is hereby amended by adding new Special Exception Zone as
follows:
"SECTION 12.4.93 URBAN RESIDENTIAL EXCEPTION (R1-93) ZONE"
Notwithstanding Sections 3.1 j.i), 12.2 b., d.i), fl), h) those lands zoned R1-93 on
the Schedules to this By-law shall only be used for single dwelling, subject to the
following regulations:
a. Lot Frontage (minimum)
b. Yard Requirements
i) Front Yard
c. Special Yard Requirements
17 metres
7.5 metres to private garage;
7.0 metres to the dwelling
i) 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 metres, but in no instance shall the interior side
yard be reduced below 0.6 metres.
d. Lot Coverage (maximum)
a) Dwelling 40 Percent
b) Total of all buildings and structures 45 percent
12-103
e. Height of the floor deck of unenclosed porch above finished grad (maximum)1.0
metres
f. Height maximum 7.0 metres
g. Garage Requirements
i) The outside width of the garage shall be a maximum 6.0 metres
2. Section 12.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE ONE
(R1) ZONE" is hereby amended by adding new Special Exception Zone as
follows:
"SECTION 12.4.94 URBAN RESIDENTIAL EXCEPTION (R1-94) ZONE"
Notwithstanding Sections 12.1, and 12.2 b.,d.i), iii), iv) f. h. those lands zoned R1-
94 on the Schedules to this By-law shall only be used for semi-detached dwellings
and townhouse dwellings, subject to the following regulations.
a. Density (maximum)
b. Lot Frontage (minimum)
c. Yard Requirements (minimum)
i) Northerly
ii) Easterly
iii) Southerly
iv) Westerly
d. Lot Coverage (maximum)
e. Building Height
f. Landscaped Open Space (minimum)
g. Unit Setback Requirements
21 units per hectare
8.5 metres
6.5 metres
2.5 metres
95.0 metres
9.0 metres
50%
7.0 metres
30%
For the purpose of establishing yard regulations for each a semi-
detached dwelling and link townhouse the following minimum yard
requirements shall apply as if each unit is located on a lot:
i) Front Yard
ii) Rear Yard
iii) Interior Side Yard
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6.0 metres to garage;
4.0 metres to dwelling;
6.0 metres
3.0 metres, Nil where a
building has a common
wall with any building on
an adjacent lot in the
same Zone
iv) Exterior Side Yard 2.5 metres to the private
driveway
h. Lot Coverage (maximum) 45%
3. Schedule `4' to By-law 84-63, as amended, is hereby further amended, by changing
the zone designation from:
"Urban Residential Type One (R1)" to "(Holding) Urban Residential Exception
((H)R1-93)".
"(Holding) Urban Residential Exception ((H)R1)"to "(Holding) Urban Residential
Exception ((H)R1-93)".
"(Holding) Urban Residential Exception ((H)R1)"to "(Holding) Urban Residential
Exception ((H)R1-94)".
This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW passed in open session this day of September, 2016.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
12-105
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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 29, 2016
Subject: Planning & Development Committee Meeting — February 1, 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, February 1, 2016:
8. Delegations
See attached Final List (Attachment #1)
JEG/mc
Encl.
C. F. Wu, Chief Administrative Officer
Department Heads
ATTACHMENT #
TO UPDATE MEMO
Planning and Development
Committee
Agenda
Date: February 1, 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 mchambers6 clarin. toq n.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
ClaEingt011
Planning and Development Committee Agenda
Date: February 1, 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 January 11, 2016 6-1
7 Public Meetings
No Public Meetings
8 Delegations
8.1 Clifford Curtis Regarding Report PSD -014-16, Amendment No. 104 to the Clarington
Official Plan to Delete an Elementary School Site in the Worden East Neighbourhood
Amendment to the Worden East Neighbourhood Design Plan Applications Submitted
by H&H Properties Inc.
8.2 Jay Cuthbertson, David Suzuki Blue Dot Movement, Regarding Report PSD -011-16,
Blue Dot Movement
8.3 Hannu Halminen, H & H Properties Inc., Regarding Report PSD -010-16, Applications
for Zoning By-law Amendments to Permit 5 Single Detached Dwelling and 1 Linked
Dwelling Lots on Holyrod Drive in Courtice
8.4 Hannu Halminen, H & H Properties Inc., Regarding Report PSD -014-16, Amendment
No. 104 to the Clarington Official Plan to Delete an Elementary School Site in the
Worden East Neighbourhood Amendment to the Worden East Neighbourhood Design
Plan Applications Submitted by H&H Properties Inc.
8.5 Hannu Halminen, H & H Properties Inc., Regarding Report PSD -015-16, Applications
by H & H Properties Inc. to Develop 68 Low Density Multi -Unit Residential Dwellings
and 9 Single Detached Units
Page 1
ClaElUg"I
Planning and Development Committee Agenda
Date: February 1, 2016
Time: 7:00 PM
Place: Council Chambers
8.6 Ryan Lavender Regarding Report PSD -014-16, Amendment No. 104 to the Clarington
Official Plan to Delete an Elementary School Site in the Worden East Neighbourhood
Amendment to the Worden East Neighbourhood Design Plan Applications Submitted
by H&H Properties Inc.
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
12 Planning Services Department Reports
12.1 PSD -010-16 Applications for Zoning By-law Amendments to Permit 5 12-1
Single Detached Dwelling and 1 Linked Dwelling Lots on
Holyrod Drive in Courtice
12.2 PSD -011-16 Blue Dot Movement 12-16
12.3 PSD -012-16 An Application by Heather Holt to Permit One Additional 12-36
Single Detached Dwelling by Reductions in Frontage and
Setback Requirements
12.4 PSD -013-16 Year End Planning Applications 12-47
12.5 PSD -014-16 Amendment No. 104 to the Clarington Official Plan to Delete 12-58
an Elementary School Site in the Worden East
Neighbourhood Amendment to the Worden East
Neighbourhood Design Plan Applications Submitted by H&H
Properties Inc.
12.6 PSD -015-16 Applications by H & H Properties Inc. to Develop 68 Low 12-73
Density Multi -Unit Residential Dwellings and 9 Single
Detached Units
Page 2
CkIrIngt011
Planning and Development Committee Agenda
Date: February 1, 2016
Time: 7:00 PM
Place: Council Chambers
13 New Business — Consideration
14 Unfinished Business
No Reports
15 Confidential Reports
No Reports
16 Adjournment
Page 3