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HomeMy WebLinkAbout12/05/2016Final clffftwn Planning and Development Committee Agenda Date: December 5, 2016 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at mchambers(o)_clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Noon Recess: Please be advised that, as per the Municipality of Clarington's Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by the Committee. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net GarjU00II Planning and Development Committee Agenda Date: December 5, 2016 Time: 7:00 PM Place: Council Chambers 1 Call to Order 2 New Business — Introduction 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 Minutes of a Regular Meeting of November 14, 2016 7 Public Meetings Page 5 7.1 Public Meeting Application for a Proposed Zoning By-law Amendment Page 16 Applicant: WDM Consultants Report: PSD -066-16 7.2 Public Meeting Application for a Proposed Zoning By-law Amendment Page 18 Applicant: Averton Homes (Bowmanville) Ltd. Report: PSD -067-16 7.3 Public Meeting Application for a Proposed Zoning By-law and Official Page 20 Plan Amendment Applicant: Excelsior Report: PSD -068-16 8 Delegations 8.1 Marilyn Morawetz, Chair, Jury Lands Foundation regarding Report PSD -071-16, Camp 30/Boys Training School Memorandum of Understanding with Jury Lands Foundation 8.2 April Gross Regarding Report PSD -072-16, Recommendation Report for the Municipally -Initiated Zoning By-law Amendment for properties in a portion of the Glenview Neighbourhood in Courtice Page 2 CIarifl#oII Planning and Development Committee Agenda Date: December 5, 2016 Time: 7:00 PM Place: Council Chambers 8.3 Billy Tung, Associate/Senior Planner, KLM Planning Partners, Regarding Communication Item 10. 1, a Request to Postpone the Consideration of Report PSD -070-16 until January, 2017 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications — Direction 10.1 Postpone Billy Tung, Associate/Senior Planner, KLM Planning Report Partners — Regarding a Request to Postpone the Consideration of Report PSD -070-16 until January, 2017 (Motion for direction) 11 Presentations No Presentations 12 Planning Services Department Reports 12.1 PSD -066-16 Claret Investments Limited & 1361189 Ontario Limited Page 22 has Submitted an Application to Amend the Zoning By-law to Facilitate the Creation of 15 single Detached Lots 12.2 PSD -067-16 Application by Averton Homes (Bowmanville) Limited to Page 31 Permit Increased Porch and Building Heights on Some But Not All Lots in Draft Approved Plan of Subdivision 18T-95030 12.3 PSD -068-16 An Application by Excelsior Financial to Permit a Mixed Page 44 Use Development at the South East Corner of Bloor Street and Townline Road South in Courtice 12.4 PSD -069-16 By-law Regulations for Dog/Pet Home Cares Page 59 12.5 PSD -070-16 Applications by 2399263 Ontario Limited (Matanda Page 69 Homes) for a 21 - Unit Draft Plan of Subdivision in Courtice Page 3 CIarifl#oII Planning and Development Committee Agenda Date: December 5, 2016 Time: 7:00 PM Place: Council Chambers 12.6 PSD -071-16 Camp 30/Boys Training School Memorandum of Page 97 Understanding with Jury Lands Foundation 12.7 PSD -072-16 Recommendation Report for the Municipally -Initiated Page 106 Zoning By-law Amendment for properties in a portion of the Glenview Neighbourhood in Courtice 13 Corporate Services Department 13.1 COD -024-16 Jury Lands Community Vision and Urban Design Plan 14 New Business — Consideration 15 Unfinished Business No Reports 16 Confidential Reports No Reports 17 Adjournment Page 4 Clarftwn Planning and Development Committee Minutes November 14, 2016 Minutes of a meeting of the Planning and Development Committee held on Monday, November 14, 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. Woo Regrets: Councillor W. Partner, Councillor C. Traill Staff Present: L. Benson, D. Crome, F. Langmaid, C. Pellarin, N. Taylor until 10:07 PM, J. Gallagher, M. Chambers 1 Call to Order Councillor Woo called the meeting to order at 7:00 PM. 2 New Business — Introduction Councillor Hooper added a new business item, regarding the Goodyear Property, to the New Business — Consideration section of the Agenda. Councillor Neal added a new business item, regarding large houses on small lots, to the New Business — Consideration section of the Agenda. Councillor Neal added a new business item, regarding the Clarington Transformer Station, to the New Business — Consideration section of the Agenda. 3 Adopt the Agenda Resolution #PD -176-16 Moved by Councillor Neal, seconded by Mayor Foster That the Agenda for the Planning and Development Committee meeting of November 14, 2016 be adopted as presented with the addition of the following New Business items: • Goodyear Property • Large houses on small lots • Clarington Transformer Station Carried 4 Declarations of Interest Councillor Neal declared an interest in the public meeting for the Courtice Community Improvement Plan and Report PSD -062-16 regarding the Courtice Main Street Community Improvement Plan — Final Draft, Statutory Public Meeting. -1- 5 Clarftwn Planning and Development Committee Minutes November 14, 2016 5 Announcements Members of Committee announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #PD -177-16 Moved by Councillor Hooper, seconded by Mayor Foster That the minutes of the special meeting and regular meeting of the Planning and Development Committee, both held on October 24, 2016, be approved. Carried 7 Public Meetings 7.1 Courtice Community Improvement Plan Report: PSD -062-16 Councillor Neal declared an interest in the public meeting for the Courtice Community Improvement Plan as it relates to his law practice. Councillor Neal left the room and refrained from discussion and voting on this matter. Paul Mule, Senior Urban Designer/Planner, Dillon Consulting Limited and Luciano P. Piccioni, President, RCI Consulting, made a verbal and electronic presentation to the Committee regarding the Courtice Community Improvement Plan. They provided an overview of the following: • Background o What is a CIP o Policy Direction • Preparation of the CIP o Approach to the CIP - Customized o Project Timeline o Methodology — Broad -Based o Community Improvement Needs ■ Consultation Results ■ Project Area • Incentive Programs o Innovative Approach o Step 1 — Minimum Intensification Targets o Step 2 — Evaluation Framework o DC Grant and TIG • Next Steps o Adoption and Implementation -2- A• Cladwwn Planning and Development Committee Minutes November 14, 2016 Nolan Moss, Weston Consulting, spoke to the Courtice Community Improvement Plan on behalf of High Street Courtice Inc. Mr. Moss advised the Committee that High Street Courtice Inc. owns property at Highway 2 and Darlington Boulevard and they currently have active development applications. He noted that their intent is to develop high quality products and to use the full measure of the Planning Act. Mr. Moss added that it continues to be difficult to develop both high and midrise developments in Clarington. He concluded by advising the Committee that they support the CIP initiative. Mr. Moss offered to answer questions from the Committee. Jeff Goldman, Durham Custom Homes, spoke in support of the Courtice Community Improvement Plan on behalf of 2117412 Ontario Ltd. Mr. Goldman advised the Committee that they own property on the south side of Highway 2 east of Darlington Boulevard with the addresses of 1459 to 1463 Highway 2. He advised the Committee that he spoke at the Committee meeting when the Development Charges By-law was under review and raised his concerns. Mr. Goldman added that, at the same meeting, it was recommended for the area to be considered for a CIP and that it be done in a timely manner. He continued by thanking and congratulating staff and Members of Council for this CIP. Mr. Goldman commended the Municipality for investing in consultants and listening to the concerns/suggestions of the property owners in the area to achieve the goals for the community. He concluded by thanking Staff and members of Committee for preparing a CIP that will greatly benefit the community. Kim Miller, local resident, spoke to the Courtice Community Improvement Plan. She advised the Committee that she is concerned with the proposed boundary as it is very close to her property line. Ms. Miller asked for the green space and creek behind Windsor Valley Place to be excluded from the CIP. She concluded by noting that she does support development without the sacrifice of the green space, lowering of property values and reduction of privacy. Councillor Woo read a November 8, 2016 letter from Mark Christie, Manager, Community Planning and Development — East Team, from the Ministry of Municipal Affairs/Ministry of Housing, complimenting the Municipality of Clarington on their proposed Community Improvement Plan. Councillor Neal returned to the meeting. 7.2 Proposed Official Plan and Zoning By-law Amendment Glenview Neighbourhood Report: PSD -063-16 Mitch Morawetz, Planner, made a verbal and electronic presentation to the Committee regarding the application. Kyle Roberts, local resident, spoke in opposition to the application. He advised the Committee that he feels the initial intent of his neighbours was to stop the severances. Mr. Roberts stated that he is concerned with the 50 foot lot on Westmore Street which is -3- Cladwwn Planning and Development Committee Minutes November 14, 2016 directly across from his property. He continued by explaining that he feels the increase in front and side yard setbacks and 10% reduction in useable space will force developers to build up. Mr. Roberts stated that the lot on Westmore Street was originally going to be a bungaloft and now will be a two storey home. Mr. Roberts added that having a maximum garage size of 21 feet is also a concern. He feels that this requirement will restrict future use and lower the value of the existing homes. Mr. Roberts concluded by advising Committee that the residents of this area should be advised that future severances cannot be stopped and that these changes will affect the future uses of their properties. Michael Fry, D.G. Biddle & Associates, spoke to the application on behalf of Holland Homes. He made a verbal presentation to accompany a handout. Mr. Fry stated that the proposed amendment it very restrictive and makes development more difficult. He advised the Committee that he is specifically concerned with the lot frontage and lot area requirements in the proposed R1-32 zone. Mr. Fry added that this will directly affect two of properties owned by Holland Homes. He asked for a site specific exemption to the by-law for 44 Westmore Street and 4 Lynwood Avenue. Mr. Fry stated that if the exemption cannot be granted then he asked for any properties that have had approval from the Land Division Committee prior to adoption of the Community Improvement Plan be exempt from this regulation. Katrina Metzner, Holland Homes spoke to the application. Ms. Metzner made a verbal presentation to accompany an electronic presentation. She advised the Committee that Holland Homes own several properties in this area. She provided background information on the involvement of Holland Homes in the Glenview neighbourhood including an Ontario Municipal Board Appeal and Land Severance applications. Ms. Metzner advised the Committee that they are working with a client to build a high end home on the double lot that would increase the value of the area. She added that, now that the interim control by-law has been approved, they are unable to proceed. Ms. Metzner showed a series of photos providing examples of the homes they are proposing for this area including a two-storey and a bungaloft. She provided an example of the proposed home design for 44 Westmore Street and 4 Lynwood Avenue. Ms. Metzner explained that, with the proposed amendment, they are only able to build a 40 foot two- storey product. She requested that the properties at 44 Westmore Street and 4 Lynwood Avenue be exempt from the proposed zoning by-law. Ms. Metzner added that if the exemption is not approved they are asking for the exterior side yard setback to be changed from 8 metres to 6.5 metres, the maximum lot coverage to be changed from 30% to 35%, and for the garage requirements in subsection i) to read that the garage door shall not be located any closer to the street line than the front wall or exterior side wall of the dwelling or covered porch. Carlo Aloe, local resident, spoke to the application. He advised the Committee that he is happy with the progress and with family homes being built on larger lots. Mr. Aloe noted that he had previously gone to the Ontario Municipal Board regarding the lot next to his property and was not successful. He added that the severances are going to happen and that he has accepted this and is moving on. Mr. Aloe advised the Committee that he M 0 Cladwwn Planning and Development Committee Minutes November 14, 2016 is concerned with the severance at 4 Jane Avenue and noted there is a significant difference in the grade of the properties. He added that, if a two-storey home was built, it would tower over the neighbouring properties. Mr. Aloe concluded by requesting any future homes be lower in height and that there are no further land severances. Rick Patterson, local resident, spoke to the application. He explained to the Committee why he chose this neighbourhood. Mr. Patterson added that there are no sewers in this area and he does not feel this area will be able to accommodate more homes on smaller lots. Mr. Patterson concluded by asking for clarification on whether or not sewers will be added to the area if more homes are built. Doug Strong, local resident, spoke to the application. He advised the Committee that he moved to this area in March, 2016. Mr. Strong explained that he supports the proposed setbacks and that there are no garages to be built in front of the new homes. He added that he would prefer to see bungalofts over two-storey homes. Mr. Strong noted that the two-storey homes would affect the sunlight and privacy for neighbouring homes and requested the maximum height be reduced from 8 metres to 7 metres. Lindsey McKenna, local resident, spoke to the application. She advised the Committee that there have been many changes in this neighbourhood and the residents have been very involved in the proposed changes. Ms. McKenna added that, when previous development had occurred, they had been contacted by the developer to provide input. She concluded by explaining that she is opposed to high density housing and the proposed lot sizes are appropriate for bungalofts. Kim Miller was present on behalf of her father Clifford Miller who is a resident of this area and she spoke to the application. Ms. Miller advised the Committee that they agree with the previous delegations. She explained that they are concerned with the interim control by-law as her father is looking to sell his home and any potential buyers are hesitant to purchase a property with these restrictions. In particular, the Millers are concerned about the timing of the lifting of the interim control by-law as Mr. Miller is unable to sell his house until the matter is settled. April Gross, local resident, spoke to the application. She advised the Committee that she previously attended a meeting, as a delegation, in June, 2016, prior to the Interim Control By-law being passed. Ms. Gross explained that she has reviewed the by-law and feels that the comments of the public have been considered during development of the draft zoning by-law. She continued by noting that she is concerned with the proposed setbacks, height limits and lot sizes and whether they will complement the existing neighbourhood. Ms. Gross added that she does not feel the restrictions will force the developers to build two storey homes and that the bungalofts are almost the same height as a two storey home. She noted that she would like the maximum building height to be lower but she understands that this is a compromise and feels it is well balanced. Ms. Gross advised the Committee that she feels that the statement in the staff report that "90% of the property value is land value" is not accurate and that any existing severances can be developed within the restrictions and that no site specific exemption should be granted. She added that the Clarington Official Plan designates this area as a -5- E Clarftwn Planning and Development Committee Minutes November 14, 2016 non-priority intensification area and that the by-law helps to achieve this. Ms. Gross concluded by advising the Committee that the residents are not trying to stop the severances but are trying to ensure development is more consistent with the area. Adam Hurst, local resident, spoke to the application. He advised the Committee that he appreciated the work of staff during public workshops and consultation. Mr. Hurst feels that all of the requests of the public have been addressed. He added that this application ensures that the developers will keep with the design of the existing properties. Pauline Beaton, local resident, spoke to the application. She advised the Committee that she supports the Zoning By-law amendment and feels that this is a good compromise. Ms. Beaton is aware that there will be progress and that these setbacks will allow for sizeable homes that fit in to the neighbourhoods existing design. Linda Mallett, local resident, spoke to the application. She advised with Committee that she agreed with the previous delegation. Ms. Mallett added that she does not want monster homes place on smaller lots or for the larger lots to be severed and many homes be built on those lots. Dave Unwin, local resident, spoke to the application. He advised the Committee that he is not opposed to growth within the municipality. Mr. Unwin asked for some clarification on the definition and height of a bungaloft. He added that he thought the roof line would be lower on a bungaloft. Recess Resolution #PD -178-16 Moved by Mayor Foster, seconded by Councillor Cooke That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:23 PM with Councillor Woo in the Chair. Alter the Agenda Resolution #PD -179-16 Moved by Mayor Foster seconded by Councillor Cooke That the Agenda be altered to consider Report PSD -063-16, Municipally -Initiated Zoning By-law Amendment for properties in a portion of the Glenview Neighbourhood in Courtice. Carried -6- 10 Clarftwn Planning and Development Committee Minutes November 14, 2016 12.2 PSD -063-16 Municipally -Initiated Zoning By-law Amendment for properties in a portion of the Glenview Neighbourhood in Courtice Resolution #PD -180-16 Moved by Mayor Foster, seconded by Councillor Neal That Report PSD -063-16 be received; That the proposed zoning by-law amendment continue to be processed including the consideration of public comments received in the preparation of a subsequent report; and That all interested parties listed in Report PSD -063-16 and any delegations be advised of Council's decision. Carried as Amended (See following motion) Resolution #PD -181-16 Moved by Councillor Neal, seconded by Councillor Cooke That the foregoing Resolution #PD -182-16 be amended by adding the following as the third paragraph: "That Staff be directed to provide a Report to the December 5, 2016 Planning and Development Committee meeting." Carried The foregoing Resolution #PD -180-16 was then put to a vote and carried as amended. 8 Delegations No Delegations 9 Communications - Receive for Information 9.1 Heather Brooks, Director Natural Heritage and Watershed Planning — Initiating an Update to CLOCA Watershed Plans Resolution #PD -183-16 Moved by Councillor Neal, seconded by Councillor Hooper That Communication Item 9.1, from Heather Brooks, Director Natural Heritage and Watershed Planning regarding initiating an update to CLOCA Watershed Plans, be received for information. Carried -7- 11 Clarftwn Planning and Development Committee Minutes November 14, 2016 10 Communications— Direction 10.1 Anna Filippo —Request to Extend the Use of Temporary Living Quarters at 260 King Lane, Darlington Resolution #PD -184-16 Moved by Councillor Neal, seconded by Councillor Hooper That the six month extension for the use of temporary living quarters at 260 King Lane, subject to signing a further Letter of Undertaking, be approved. Carried 11 Presentations. No Presentations 12 Planning Services Department Reports Councillor Neal declared an interest in Report PSD -062-16 regarding the Courtice Community Improvement Plan - Final Draft, Statutory Public Meeting as it relates to his law practice. Councillor Neal left the room and refrained from discussion and voting on this matter. 12.1 PSD -062-16 Courtice Main Street Community Improvement Plan — Final Draft, Statutory Public Meeting Resolution #PD -185-16 Moved by Councillor Cooke, seconded by Mayor Foster That Report PSD -062-16 be received; That, subject to comments that would necessitate major revisions being received at the Public Meeting, the Courtice Main Street Community Improvement Plan be approved; That a by-law adopting the Courtice Main Street Community Improvement Plan and its area be forwarded to a subsequent Council meeting; That the financial incentives, specifically the tax increment grants and development charge grants be addressed and implemented through the annual municipal budget process; and That all interested parties listed in PSD -062-16 and any delegations be advised of Council's decision. Carried 12 Clarftwn Councillor Neal returned to the meeting. Planning and Development Committee Minutes November 14, 2016 12.2 PSD -063-16 Municipally -Initiated Zoning By-law Amendment for properties in a portion of the Glenview Neighbourhood in Courtice Report PSD -063-16, Municipally -Initiated Zoning By-law Amendment for properties in a portion of the Glenview Neighbourhood in Courtice was considered earlier in the meeting during the delegation portion of the agenda. 12.3 PSD -065-16 Decision of the Committee of Adjustment on Minor Variance Application A2016-0059 by Newcastle Holdings. Inc. Resolution #PD -186-16 Moved by Mayor Foster, seconded by Councillor Neal That Report PSD -065-16 be received; and That all interested parties listed in Report PSD -065-16 and any delegations be advised of Council's decision. Carried 13 New Business — Consideration 13.1 Goodyear Property Resolution #PD -187-16 Moved by Councillor Hooper, seconded by Mayor Foster That Staff be directed to develop a plan to attend the Conti -Tech property (formerly owned by Goodyear) located at 40 Raynes Avenue, Bowmanville regularly to determine the security for the residents and surrounding area. Motion Withdrawn Resolution #PD -188-16 Moved by Councillor Hooper, seconded by Mayor Foster That Emergency Services be directed to provide periodic monitoring reports and updates on the Conti -Tech property (formerly owned by Goodyear) located at 40 Raynes Avenue, Bowmanville. Carried M 13 Clarftwn 13.2 Large Houses on Small Lots Planning and Development Committee Minutes November 14, 2016 Councillor Neal indicated he would not be bringing this matter forward under New Business at this time. 13.3 Clarington Transformer Station Councillor Neal indicated he would not be bringing this matter forward under New Business at this time. 14 Unfinished Business 14.1 PSD -064-16 Durham York Energy Centre Air Quality Monitoring Results — Options for Retaining an Air Quality Expert [Referred from the July 4, 2106 Council Meeting] Resolution #PD -189-16 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD -064-16 be received; and Council provide direction to staff on any further actions that it deems necessary. Motion Tabled (See following motion Resolution #PD -190-16 Moved by Councillor Neal, seconded by Councillor Cooke Whereas further information regarding air quality monitoring at the Durham York Energy Centre is forthcoming; Now therefore be it resolved that the foregoing Resolution #PD -189-16, be tabled to the January 9, 2017, Planning and Development Committee meeting. Carried -10- 14 Clarftwn Planning and Development Committee Minutes November 14, 2016 15 Confidential Reports 15.1 Confidential Verbal Report from the Director of Planning Services Regarding a Property Matter Closed Session Resolution #PD -191-16 Moved by Councillor Neal, seconded by Mayor Foster That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a proposed or pending acquisition or disposition of land by the municipality of local board. Carried Rise and Report The meeting resumed in open session at 11:16 PM with Councillor Woo in the Chair. Councillor Woo advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed on a procedural matter. 16 Adjournment Resolution #PD -192-16 Moved by Mayor Foster, seconded by Councillor Hooper That the meeting adjourn at 11:18 PM. Chair Carried -11- 15 Deputy Clerk Clarington Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Zoning By-law ' • • . WDM Consultants has submitted an application to amend the Zoning By-law to facilitate the creation of 12 Single Detached Lots fronting onto Harry Gay Drive and for 3 full and 3 partial Single Detached Lots fronting onto a future internal street in a draft approved plan of subdivision to the east. The lots will be created by multiple applications to the Region of Durham Land Division Committee. East Side of Harry Gay Drive, North of Nash Road in Courtice GEORGE R�YNO DS DR > "U Subject Property ' 44 z f m .! V N STREET, v - f g M..ry r BROOMS AV How to • - Informed The proposed amendment, additional information and background studies are available for review at the Planning Services Department. Questions? Please contact Bob Russell at 905-623-3379, extension 2421, or by email at brussellCcD_clarington.net vide How to ProComments Speak at the Public Meeting: Date: Monday, December 5, 2016 Time: 7:00 PM Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6, Municipal Administrative Centre, Council Chambers Or write to the Planning Services Department to the attention of Bob Russell. File Number: ZBA 2016-0016 16 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905-623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Clerk's Department at 905-623-3379, extension 2109. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed, you will not be entitled to appeal the decision to the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do to. David J. Crome, MCIP, RPP Director of Planning Services BwCS/tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0016 Claret (Bill Manson)\Public Notice\Notice of Public Meeting_Dec'05'16.docx 17 Clarbgtoa Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Zoning By-law. Averton Homes (Bowmanville) Ltd. proposes to rezone the subject lands to permit 70 of the 149 dwelling units in the approved subdivision with porch heights that are greater than 1.0 metres but are less than 2.24 metres and to permit 13 dwellings units with building heights greater than 10.5 metres but less than 11. 9 metres. Address 300 Mearns Avenue, Bowmanville Ontario - West side of Mearns Avenue, 600 metres North of Concession Road East, just south of the Canadian Pacific Railway. How to be Informed The proposed amendment, additional information and background studies are available for review at the Planning Services Department. Questions? Please contact Cynthia Strike, Principal Planner 905-623-3379, extension 2410, or by email at cstrike@clarington.net How to Provide Comments Speak at the Public Meeting: Date: Monday, December 5, 2016 Time: 7:00 PM Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Municipal Administrative Centre - Council Chambers or write to the Planning Services Department to the attention of Cynthia Strike File Number: ZBA2016-0022 (Cross Reference: 18T-95030) i LU Z P1 UJ j FUTURE MEDIUM Z� / DENSITY Z L¢Li C L _ - - - - - = SPRUCE MADDEN MAD[ H UTYO Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Clerk's Department at 905-623-3379, extension 2109. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed, you will not be entitled to appeal the decision to the Ontario Municipal Board and you will not be able to participate at a hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do to. David J. Crome, MCIP, RPP Director of Planning Services I:\"Department\LDO NEW FILING SYSTEMWpplication Files\ZBA Zoning\2016\ZBA2016-0022 300 Mearns Avenue\Public Notice\Public Meeting Notice-Oct.27-16.docx 19 Clarington Nonce of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Official Plan and Zoning By-law for a mixed-use development. Excelsior Financial wants to construct: • Two 6 -storey residential buildings, each containing 64 units (128 units total); and • 3,880 square metres (41,750 square feet) of commercial floor area, including: a fuel bar, car wash, oil changer and a drive-thru restaurant. This application has met all of the requirements of a complete application. An information meeting has been arranged by the applicant on November 22, 2016 at 6:30 p.m. to 8:30 p.m. at the South Courtice Arena (1595 Prestonvale Road). The purpose for the meeting is to provide an opportunity for residents to discuss the proposal with the applicant. ' • • - 1405 Bloor Street, Courtice Southeast corner of Bloor Street and Townline Road South, Courtice SLIt3jECt Sli@ B40OR STREET - •• _ n d * .[• I Ono•alaray Command lI I` � p rvo-story nmmerclal I r ll !jj /' Six.slorey, Sla•siarey 'I � y► �J. I — I I ' I FIaa16o� rcxtpentlal ❑ resldera ial s � �--� � � � � © and I � rT,c I .� I I commarc4M rcial � ry� Ona-aeaY `Onn�otorry� - g,e __ 0 � �_ aoiarat aokrl,i�hangar _ _ . u i �i _Z'CL Q 1 ❑ �I t r" LO I I I1 I II d � LU T! o .► r ..> Il ;aS. ►v • - I nsa xo s-6o2t - GORD'i/NSON A7ENUE CDPA 267B-00288-0063 �.�5.Cis- How is"• to Provide Comments Speak at the Public Meeting: Date: Monday, December, 5, 2016 Time: 7:00 PM Place: 40 Temperance Street, Bowmanville, ON L1 C 3A6 Municipal Administrative Centre, Council Chambers Or write to the Planning Services Department to the attention of Paul Wirch, Planner II How to be Informed The proposed amendment, additional information and background studies are available for review at the Planning Services Department and on our website at clarington.net/developmentproposals Questions? Please contact Paul Wirch, Planner II at 905-623-3379, extension 2418, or by email at pwirchCa)-clarington.net If you wish to be notified of the decision of the Municipality of Clarington on the proposed Official Plan and Zoning by-law Amendment, you must make a written request to the Municipality of Clarington. File Numbers: COPA 2016 — 0003; ZBA 201620-0021; SPA 2016-0028 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk's Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Clerk's Department at 905-623-3379, extension 2109. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed, you will not be entitled to appeal the decision to the Ontario Municipal Board and you may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. t wa 1,, 11 David J. Crome, MCIP, RPP Director of Planning Services IAADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA Zoning\2016\ZBA2016-0021 Bloor & Townline\5-Public Notice\ZBA 2016-0021 Public Mtg Notice.docx 21 Clarftwa Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: December 5, 2016 Report Number: PSD -066-16 Resolution Number: File Number: ZBA2016-0016 By-law Number: Report Subject: Claret Investments Limited & 1361189 Ontario Limited - application to amend the Zoning By-law to facilitate the creation of 15 single detached lots on Harry Gay Drive, Courtice Recommendations: That Report PSD -066-16 be received; 2. That the proposed application for Rezoning ZBA2016-0016 continue to be processed including the preparation of a subsequent report; 3. That staff consider the public comments received in the further processing of the Zoning By-law Amendment application submitted by WDM Consultants to facilitate the creation of 15 single detached lots; and 4. That all interested parties listed in Report PSD -066-16 and any delegations be advised of Council's decision. 22 Municipality of Clarington Report PSD -066-16 Report Overview Page 2 Staff is seeking the publics input regarding a proposal by WDM Consultants on behalf of Claret Investments Ltd. and 1361189 Ontario Ltd. to amend the Zoning By-law to rezone from "Urban Residential Exception (R1-42)" to allow the creation of 12 single detached lots fronting onto Harry Gay Drive as well as an open space block, 3 full and 3 partial single detached lots for development with abutting lands to the east. 1. Application Details 1.1. Owner: Claret Investments Limited & 1361189 Ontario Limited 1.2. Applicant/Agent: 1.3. Proposal: 1.4. Area: 1.5. Location: 1.6. Roll Number: 1.7. Within Built Boundary: 2. Background William D. Manson, WDM Consultants Consultants on behalf of Claret Investments Ltd. and 1361189 Ontario Ltd. are proposing to amend the Zoning By-law to rezone from "Urban Residential Exception (R1-42)" to allow the creation of 15 full single detached lots and 3 partial single detached lots (see Figure 1). 1.041 hectares (2.572 acres) East side of Harry Gay Drive, south of George Reynolds Drive and north of Nash Road, Courtice 18-17-010-090-19570 No 2.1. The proposal is to rezone Block 102 in Registered Plan 40M-2364. This block was draft approved as part of a public elementary school site but the public school board has decided it will not develop the site. The 2013 Hancock Neighbourhood Design Plan Update eliminated the school block replacing it with residential development and this application proposes to implement this change. 2.2 The proposal is generally consistent with the Hancock Neighbourhood Design Plan approved in 2013, although the lotting pattern has been altered from what was in the Plan (see Figure 2). The developer prefers to have 12 lots front on Harry Gay Drive and three full and three partial lots front on a future road on abutting lands as opposed to what was shown on the neighbourhood design plan where seven lots fronted on Harry Gay, eight lots fronted on an internal street and three partial lots fronted on the future road in an abutting draft approved subdivision. This represents the main difference between the 2013 neighbourhood design plan and the lotting of the proposed rezoning. The developer would continue to be responsible for the construction of the road within his land ownership regardless of whether or not the nearby lots fronted on said road. 23 Municipality of Clarington Report PSD -066-16 Page 3 In addition, the developer has advised he has decided to proceed by consent to sever to create all of his proposed lots. Staff believes that the plan of subdivision approval process should be pursued. A number of meetings were held with the developer to discuss this issue and staff identified the benefits of proceeding by plan of subdivision, including reduced costs. 2.3 Reports submitted in support of the application are: Functional Servicing & Stormwater Management Report, Scoped Environmental Impact Study, Environmental Site Screening Investigation and Energy Efficiency and Sustainability Plan. Figure 1: Draft Reference Plan for Future Land Divisions 24 Municipality of Clarington Report PSD -066-16 = Existing Housing F7Future Housing = Open Space Harry Gay Park 40M-2364 Page 4 Subject Lands Blk 102 of 40M-2364 B B B B BB B6 MBB B B WIfl" L.1. B B B B B B BB 8 B B B B L.1. BROOME AV z WB B 6 B B B III Figure 2: Relevant portion of the Hancock Neighbourhood Design Plan 3. Land Characteristics and Surrounding Uses 3.1 The subject property is flat and vacant except for the temporary storage of topsoil for dressing lots and boulevards in the Plan 40M-2364 Subdivision (see Figure 3). South and west of Block 102 are built-up portions of Registered Plan of Subdivision 40M-2364, which are comprised of relatively new detached homes (see Figure 4). 25 Municipality of Clarington Report PSD -066-16 Figure 3: Looking southeast at Block 102 The surrounding uses are as follows: Page 5 North - Harry Gay Park South - Existing Residential East - Draft Approved Plan of Subdivision S -C-2009-0001 and an Open Space Block West - Harry Gay Drive and on its west side a bank of Existing Residential 26 Municipality of Clarington Report PSD -066-16 Figure 4: Dwelling South of Block 102 & Block 102 in Distance 4. Provincial Policy 4.1 Provincial Policy Statement Page 6 The proposed creation of 12 single detached lots fronting onto Harry Gay Drive and for three full and three partial single detached lots fronting onto a future internal street in a draft approved plan of subdivision to the east represents intensification within a settlement area -Courtice Urban Area and utilization of existing services while maintaining neighbourhood character. The proposal conforms to the Provincial Policy Statement. 4.2 Provincial Growth Plan The proposed creation of 12 single detached lots fronting onto Harry Gay Drive and for three full and three partial single detached lots fronting onto a future internal street in a draft approved plan of subdivision to the east, is part of intensification within a settlement area and efficient use of land and existing services while maintaining neighbourhood character. The proposal conforms to the Growth Plan. 5. Official Plans 5.1 Durham Region Official Plan The Durham Region Official Plan designates the subject block Living Areas. The policies of the Plan generally promote infill and intensification. The proposal conforms to the Durham Regional Official Plan. 27 Municipality of Clarington Report PSD -066-16 5.2 Clarington Official Plan Page 7 The Clarington Official Plan designates the subject block Urban Residential — Low Density with the exception of the northeast corner which is designated Environmental Protection Area. The proposal conforms to the Clarington Official Plan. 5.3 Clarington Official Plan as amended by Amendment 107 On November 1St, 2016 Council adopted Official Plan Amendment 107 which brought the Clarington Official Plan into conformity with the Regional Official Plan and Provincial Policies. The subject block is designated Urban Residential — Low Density with the exception of the northeast corner which is designated Environmental Protection Area. 6. Zoning By-law The key matter is the Zoning By-law 84-63 which zones the subject block "Urban Residential Exception (R1-42)". This zone permits only public schools as defined in Section 2 of the Zoning By-law. Since the proposal is for single detached residential development with environmental protection for the northeast corner, this current rezoning application became necessary. 7. Public Notice and Submissions 7.1 Public notice was mailed to each landowner within 120 metres of the subject property and a public meeting sign was installed on the Harry Gay Drive frontage 19 days prior to the Public Meeting. 7.2 The neighbouring developer/landowner to the east has phoned and emailed staff to articulate his objections to the proposal as follows: He believes, the intention of the neighbourhood design plan and the basis on which the subdivision plan to the east was draft approved was that services would be extended to the subdivision to the east through the subject lands of the proposal. He also believes it is clear the intention of the proposed lotting is to leave the proposed right of way (internal street) unserviced forcing the neighbouring developer to install the right-of-way services. He finds this unacceptable. The Municipality has a policy, he understood, to orient house lots north -south, where possible, for environmental reasons, hence the 2013 neighbourhood design plan layout. 8. Agency Comments 8.1 The Public School Board had no objection but asked that consideration be given to sidewalk connections and pedestrian routes for safe access for students attending the Board's nearby schools. Municipality of Clarington Report PSD -066-16 Page 8 8.2 Canada Post has no objection but notes one community mailbox site is needed. Requirements were requested for inclusion in the future development agreement which will be the land division development agreement in this case. 8.3 Enbridge and Rogers have no objection. 8.4 The Regional Planning, Works, Police Service and Transit Departments, Central Lake Ontario Conservation Authority, Hydro One Networks Inc., Bell Canada, Separate School Board and the two French Language School Boards have not replied yet. 9. Departmental Comments 9.1 Operations has no concerns, and Emergency and Fire Services has no fire safety concerns. 9.2 Engineering Services notes that prior to final approval of the development the Department will have to be satisfied regarding grading, servicing, and stormwater management. The Functional Servicing and Stormwater Management Report and the On -street Parking Plan are acceptable for rezoning purposes. Actual development of any portion of the subject lands will require the owner enter into a development agreement for the entirety of the subject lands and any decision regarding the extent of works deemed necessary to facilitate actual development on the subject lands will be determined solely by the Director of Engineering Services. 10. Discussion 10.1 The proposal is generally consistent with the Hancock Neighbourhood Design Plan, approved in 2013, with the lotting pattern having been altered from what was in the Plan as described in Section 2.2 of this report. 10.2 Should the lotting be approved as proposed, the Municipality will require the developer to continue to be responsible for the construction of the road and services on the subject lands. The orientation of the nearby lots and where they derive their servicing will not change this fact. Even if the proposal proceeds by consent to sever (land division) a land division development agreement will be prepared to enforce the above financial obligation. 11. Concurrence Not Applicable 12. Conclusion The purpose of this report is to provide background information on the rezoning proposal submitted by William D. Manson of WDM Consultants for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. 29 Municipality of Clarington Report PSD -066-16 13. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Page 9 Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(c)-clarington.net The following is a list of the interested parties to be notified of Council's decision: Bill Manson Andy Andersen Sami EI-Hajjeh BR/CP/df;tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0016 Claret (Bill Manson)\Staff Report\PSD-066- 16.docx 30 Clarftwn Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102 Report To: Date of Meeting: Report Number: File Number Planning and Development Committee December 5, 2016 PSD -067-16 PA 111DWOM Resolution: By-law Number: Report Subject: Application by Averton Homes (Bowmanville) Limited to permit increased porch and building heights on some but not all lots in Draft Approved Plan of Subdivision 18T-95030, Mearns Avenue in Bowmanville Recommendations: That Report PSD -067-16 be received; 2. That the application for an amendment to Zoning By-law 84-63, submitted by Averton Homes (Bowmanville) Limited to permit increased porch heights and building heights for some but not all dwelling units in Phases 1 and 2 of Draft Approved Plan of Subdivision 18T-95030 continue to be processed and that a subsequent report be prepared; and 3. That all interested parties listed in Report PSD -067-16 and any delegations be advised of Council's decision. 31 Municipality of Clarington Report PSD -067-16 Report Overview Page 2 The Municipality is seeking public comments on a proposed amendment to Zoning By-law 84- 63 to permit (i) 70 dwelling units with porch heights exceeding 1 metre (ii) 12 dwelling units with building heights greater than 11 metres and (iii) one bungaloft with a building height of greater than 8.5 metres for lands within Phases 1 and 2 of Draft Approved Plan of Subdivision 18T- 95030, situated north of Concession Street East and west of Mearns Avenue in Bowmanville. 1. Application Details 1.1 Owner: Averton Homes (Bowmanville) Limited 1.2 Proposal: Amendment to the Zoning By-law i) To increase the porch height greater than 1 metres for 70 units; ii) To increase the building height of a dwelling greater than 11 metres for 12 units; and iii) To increase the height of one bungaloft greater than 8.5 metres. 1.3 Area: 9.33 hectares 1.4 Location: West side of Mearns Avenue, 600 metres north of Concession Street and south of the Canadian Pacific Railway, being Part Lot 9, Concession 2, former Town of Bowmanville (See Figure 1). 1.5 Within Built Boundary: Yes 1.6 Assessment Roll Number: 1817-020-060-10805 32 Municipality of Clarington Report PSD -067-16 Figure 1: Phases 1 and 2 in Draft Approved Plan of Subdivision 18T- 95030 FUTURE MEDIUM DENSITY SPROCEV MADDI 33 Page 3 Municipality of Clarington Report PSD -067-16 Page 4 2. Background 2.1 In 2014, Averton acquired Draft Approved Plan of Subdivision 18T-95030. At that time, under delegated authority, the Director of Planning Services amended the draft plan to include an alternate access to Mearns Avenue, which changed some of the lots and blocks and placed the lands north of the future extension of Elephant Hill Drive in a future development block. The conditions were amended to reflect current policies and guidelines. 2.2 In 2015, Averton applied for an amendment to draft approval and rezoning to change some of the lot sizes and to rezone the lands to increase lot coverage and reduce setbacks consistent with current development standards. At that time, the applicant also submitted engineering drawings to the Engineering Services Department for review. Upon the initial review, it became apparent that the site grades would prove to be challenging. The draft plan was further amended by removing road connection between Elephant Hill Drive and Lyle Drive, which had steep road grades, in favour of a walkway. The rezoning application further requested an increase in porch height from 1 metre to 1.6 metres and an increase in building height from 10.5 metres to 11 metres lots for all in Phase 1 of the draft plan. This was due in part, to the site grades and the fact that the height of a building is measured from the lowest finished grade. 2.3 In recommendation report PSD -022-16, Staff were not supportive of a blanket rezoning to increase porch heights for all units. Porches that are setback 2.0 metres from the sidewalk that are 1.6 metres (5.3 feet) high can present an overbearing presence to passing pedestrians. Staff recommended that the applicant apply for a minor variance application for a specific lot where the zoning by-law could not be met. Staff recommended an increase in building height from 10.5 metres to 11.0 metres for all lots in Phase 1. 2.4 Since then the applicant has prepared house sitings for all the lots in Phase 1 only. The same exercise has not been prepared for Phase 2 lands as of yet. It appears that there are many more lots that will exceed porch height and building height restrictions than earlier contemplated. Due to the significant number of lots effected, it is not economically feasible for the applicant to submit a variance for each lot. Instead, applying for a re- zoning would be a feasible approach. Figure 2 identifies the lots and blocks that cannot meet the zoning by-law requirements. 34 Municipality of Clarington Report PSD -067-16 Figure 2: Lots and blocks requiring increase porch and building heights liiiiiiiiin, 111111111107 Page 5 2.5 The engineering review is complete and the applicant has entered into a subdivision agreement with Municipality and is working toward final registration. A Site Alteration Permit has been issued and the installation of services will commence in the spring. The applicant has advised that their marketing program was very successful and that all the lots have been sold. 35 Municipality of Clarington Report PSD -067-16 3. Land Characteristics and Surrounding Uses Page 6 3.1 The lands are at a higher elevation at the north-west and abutting the railway then slope downward to the south-east corner. The site has been graded. Figure 3: View to the north-west from Ireland Street 3.2 The surrounding uses are as follows: North - Canadian Pacific Railway and beyond urban residential South - Urban residential East - Urban residential West - Urban residential 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. Some relevant policies are: 36 Municipality of Clarington Report PSD -067-16 Page 7 • 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. • Infrastructure and public services facilities shall be provided in a coordinated and 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 Bowmanville 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. • Municipalities should establish an urban open space system within the built up areas. • Municipalities must accommodate residential development within the built up area. 4.3 The proposed development has an array of housing types. Municipal water and sanitary sewers are available to the site. Transit routes are located on Apple Blossom Boulevard and Mearns Avenue. A neighbourhood park is located on the north side of Elephant Hill Drive in the existing neighbourhood. A public elementary school and commercial centre are located on Mearns Avenue. The development allows for the efficient use of land, infrastructure and public services. The subject applications are consistent with the Provincial Policy Statement and the Growth Plan. 5. Official Plans 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. 37 Municipality of Clarington Report PSD -067-16 5.2 Clarington Official Plan Page 8 The Clarington Official Plan designates the subject lands as Urban Residential, with a Medium Density Symbol at the north east corner of Elephant Hill Drive and Mearns Avenue. The lands are within the Apple Blossom Neighbourhood, which has a population allocation of 4750 and a housing target of 1650, including 225 medium density units and 125 units for intensification. The Low Density designation allows a density of 10 to 30 units per net hectare and predominant form of housing are single and semi-detached units. The Medium Density designation allows for density of 31 to 60 units per hectare while the predominant form of housing are townhouses, quadraplexes and triplexes or low rise apartments. Elephant Hill Drive is a local road with a road width of 18 to 20 metres and designed on the basis of a grid street system which may be modified where there are physical constraints. Mearns Avenue is a Type C Arterial with a road width of 26 to 30 metres and will accommodate greater volumes of traffic. 5.3 Clarington Official Plan as amended by Amendment 107 On November 1St, 2016, Council adopted Official Plan Amendment 107 which brought the Clarington Official Plan into conformity with the Regional Official Plan and provincial policies. The subject site remains designated Urban Residential. Mearns Avenue remains a Type C Arterial Road. All applicable policies remain. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Holding -Urban Residential Exception ((H)R2-84), "Holding -Urban Residential Exception ((H)R3-49). A Zoning By-law amendment is required to implement the proposed changes. 7. Public Notice and Submissions The Public Notice of this meeting was given by mail to landowners within 120 metres of the subject site. Public Notice signs were also installed on the property frontage along Mearns Avenue, Elephant Hill Drive and Ireland Street. In a telephone conversation, a resident on the north side of Ireland Street expressed concerns with the grades of the site. The individual stated that the grade of Lyle Drive seemed too high relative to existing homes on Ireland Street. Two other inquiries were general in nature. Municipality of Clarington Report PSD -067-16 8. Agency Comments Region of Durham Planning and Economic Development Department was the only agency circulated, and as of the writing this report, has not provided comment. 9. Departmental Comments Engineering Services Page 9 Engineering Staff has reviewed the above -noted application and have no objection in principle to this proposal. All residential lots affected by this zoning change will be subject to standard review and approval of lot grading prior to the issuance of a building permit. All house siting/grading plans submitted in support of any building permit application must meet the intent and the integrity of the Master Grading Plan. 10. Discussion 10.1 The Engineering Services Department has worked with the applicant's engineering consultant on many aspects including reducing the adverse grade conditions. Despite this however, there are some areas on the site that make it difficult to meet the zoning by-law regulations with respect to porch and building heights for some but not all the lots. When the issue of porch height and overall building height first became apparent, staff requested the applicant explore options for reducing the number of steps to a porch by adjusting the interior entrance of the dwellings, such as by creating a sunken foyer. The applicant has advised that this was not possible. 10.2 Porch Heights The zoning by-law permits a maximum porch height of 1.0 metre above the finished grade. This limitation is to ensure there is an appropriate relationship maintained between the dwelling including the main entrance and garage (the private realm) and the municipal street including sidewalk (the public realm). Maintaining a maximum porch height of 1 metre ensures the front entrance is not only elevated and large concentration of stairs is reduced. Figure 4, shows the lots that are affected by increased porch heights in .25 metre (8 inches) increments above the permitted 1.0 metre. The majority of the dwellings are in the range between 1.0 metre and 1.25 metres. Where the porch height is greater than 1.5 metres or where porch heights vary from house to house, the visual impact is more obvious. In one instance, there are dwellings with porch heights that exceed two metres, while the adjacent dwellings on either side have porch heights of 1.0 metre and 1.25 metres on the other side. In another instance, the dwelling situated at the corner of Lyle Drive and Elephant Hill Drive has a porch height of 2.1 metres or 12 risers. Corner lots play a significant role in setting the image and character of the street. Corner lots require 39 Municipality of Clarington Report PSD -067-16 Page 10 special attention with respect to massing, height and articulation. The design of corner lots must be designed to address two street frontages. With reduced setbacks and the fact there is a sidewalk on one side, the impact will be certainly overbearing to the pedestrian. One solution may be to break up the stairs by turning the steps into the driveway or dispersing the steps over a large area (i.e. within a walkway). Another solution is to design or modify the dwelling by incorporating some risers inside the dwelling (i.e. sunken foyer). Figure 4: Lots and blocks with Porch heights exceeding 1 metre HE Municipality of Clarington Report PSD -067-16 Page 11 10.3 Building Heights Height is measured from the lowest grade and to the mid -point of the eaves and peak of the roof. In the R2-84 zone, the minimum building height for a single storey detached dwelling, which includes a bungaloft is 8.5 metres. One bungaloft is proposed with a height of 8.72 metres. The maximum height for single detached dwelling was increased in the previous zoning by-law amendment from 10.5 metres to 11 metres. There are 12 single detached dwellings that cannot meet the maximum height of 11 metres. Figure 5 shows the number of lots with increased building heights in .25 metre (8 inches) increments. Figure 5: Lots with building heights exceeding 11 metres Bungaloft 8.5m to 8.75M (1) Single 11.00 rn to 11.25m (5) Single 11 26 to 11 50m (5) Single 11.51 to 11.75m (0) Single 11.76 to 12.00m (1) Sidewalk Bill ME 41 Municipality of Clarington Report PSD -067-16 Page 12 The arrangement of houses within a street block is a key component in providing an attractive street. The overall impression created by grouping and massing of dwellings within a block has a great visual impact. The Council approved General Architectural Control Guidelines state that compatibility height and massing between adjacent dwellings is important and extreme variations in building heights should be avoided. Where single storey or 1 '/z storey dwellings are sited amongst two storey dwellings they shall: comprise of groupings of at least two adjacent units; and employ raised front facades, steeper roof pitches and increased roof massing to provide an acceptable transition between houses. Two storey dwellings sited amongst bungalows shall comprise groupings of at least two adjacent units. The dwelling units that are effected by the heights are in the southern portion of the draft plan. There are two problematic areas: i) where the single bungaloft is located adjacent to lots that have dwelling building heights greater than 11 metres in height; and ii) the lots backing on to the existing home dwellings on Ireland Street. In this instance the proposed dwelling has a height of 11.89 metres. 10.4 Adverse grade conditions do exist in subdivisions or any other development for that matter. There are ways the builder can reduce the outward effects by situating the appropriate models together or by modify the internal design of the home. Staff are not confident that Averton has delved into these solutions. Staff will continue to work with Averton and the Municipality's control architect to explore options to reduce the number of units with excessive porch and building heights. 11. Conclusion This report provided background information on the proposal increase in building and porch heights submitted by Averton Homes (Bowmanville) Limited for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues contained in this report. 42 Municipality of Clarington Report PSD -067-16 Page 13 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Staff Contact: Cynthia Strike, Principal, Planner, 905-623-3379 ext. 2410 or cstrike .clarington.net The following is a list of the interested parties to be notified of Council's decision: Brad and Lindsay Wright Vince Baffa Justin Malfara Anthony Biglieri Lawrence Wesson Garrett and Amber Dawn Duncan Carlene Robinson Shawn Mclean Craig Gulas M.Tomei CS/CP/tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0022 300 Averton -Mearns Avenue\Staff Report\PSD-067-16.docx 43 Clarftwa PI nnin Services Planning Se ces Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Date of Meeting: Report Number: File Numbers: Planning and Development Committee December 5, 2016 PSD -068-16 COPA 2016-0003, ZBA 2016-0021, SPA 2016-0028 Resolution Number: By-law Number: Report Subject: An Application by Excelsior Financial To Permit a Mixed Use Development at the South East Corner of Bloor Street and Townline Road South in Courtice Recommendations: 1. That Report PSD -068-16 be received; 2. That the applications to amend the Official Plan and Zoning By-law 84-63 submitted by Excelsior Financial to permit a mixed use development continue to be processed and that a subsequent report be prepared; and 3. That all interested parties listed in Report PSD -068-16 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -068-16 Page 2 Report Overview An application has been submitted by Excelsior Financial Group to develop the lands located at the southeast corner of Bloor Street and Townline Road South in Courtice. This proposal consists of a mix of residential and commercial uses including a retail commercial plaza, a motor vehicle fuel bar and two residential apartment buildings. The purpose of this report is to provide information on the proposal and receive public comments. 1. Application Details 1.1. Owner: Hannu Halminen 1.2. Applicant: 1.3. Area: 1.4. Proposal: 1.5. Location: 1.6. Within Built Boundary: 2. Background Excelsior Financial 1.9 hectares (4.6 acres) To permit the development of a commercial and residential mixed use site which would include: • Two 6 -storey residential buildings — 112 two-bedroom units and 16 three-bedroom units. • Total commercial floor area — 3,880 square metres (41,750 square feet) including: a fuel bar, car wash, oil changer and a drive-thru restaurant. • Floor Space Index (FSI) — 1.05. • Density — 68 units per hectare (27 units per acre). Southeast Corner of Bloor Street and Townline Road South, Courtice. Yes 2.1 A Pre -consultation Meeting was held with Excelsior Financial on August, 18, 2016, where Municipal staff and agencies offered feedback on the development proposal. 2.2 The necessary development applications were submitted on October 7, 2016, to permit a mixed use development at the southeast corner of Bloor Street and Townline Road South. The applications were deemed complete on November 4, 2016. 45 Municipality of Clarington Report PSD -068-16 Page 3 2.3 Several reports and studies were submitted in support of these applications. An overview of those documents is included in Section 7 of this report. 2.4 The Applicant hosted an Open House at the South Courtice Arena on November 22, 2016, to present the development proposal to the neighbours. Further discussion of the Open House is included in Section 8 of this report. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located at the southeast corner of Bloor Street and Townline Road South on land that is currently vacant. See Figure 1. The subject property was part of a larger parcel of land that has been partially developed. That development included 13 single detached dwellings on the north side of Gord Vinson Avenue and the "Villas of McLaughlin Heights" — a stacked townhouse development. The remaining portion of the land has its primary frontage onto Bloor Street. The subject site has remained as agricultural land. Portions of this land have been regarded in the context of earlier development projects. 3.2 The property slopes from north to south placing it level with Bloor Street but significantly raised above the townhouse development currently under construction immediately to the south. See Figure 2 and 3. Fiaure 1: The subiect site and the surroundina neiahbourhood Subject Site -- ULODR STREET - fFIT, 1I� L L rT'T7 r� r � Q Z j Villas of McLaughlin Heights ' under construction _ GORE? VINSTJN AVENUE dI i A 1 Municipality of Clarington Report PSD -068-16 Page 4 Figure 2: The subject site viewed from Bloor Street facing south. Townhouse Figure 3: Boundary between subject site and the townhouse development to the south VIUVVUU IIU1I1 1 UVVIIII[ IC RUdU JUUUI, 1C1UIIIJ. CdJI. 47 Municipality of Clarington Report PSD -068-16 3.3 The surrounding neighbourhood includes: North - Bloor Street, detached homes and Grandview Children's Centre South - Two-storey, stacked townhouses East - One detached dwelling, barns and pasture land West - Townline Road South and detached homes 4. Provincial Policy 4.1 Provincial Policy Statement Page 5 The Provincial Policy Statement 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. Opportunities for redevelopment and intensification must be promoted. Municipalities must provide a variety of housing types and densities and a range of housing options that are affordable to the area residents. Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. 4.2 Growth Plan for the Greater Golden Horseshoe The subject lands are within the defined Built Boundary. Population and employment growth will be accommodated by directing 40% of growth annually to the Built Up Areas through intensification and efficient use of existing services and infrastructure. The development of complete communities is encouraged by promoting a diverse mixof land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit -supportive and pedestrian -friendly developments will be concentrated along existing and future transit routes. The Growth Plan establishes minimum targets for residential development occurring annuallywithin each upper tier municipality to be within the built up area. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan (Regional Plan) designates the subject property as "Living Areas" with a "Regional Corridor" overlay. It is located beside Bloor Street which is a Type "A" Arterial Road and also a "Transit Spine". Municipality of Clarington Report PSD -068-16 Page 6 Regional Corridors shall be developed as higher density, mixed-use areas that support transit services and pedestrian -orientation. Regional Corridors with an underlying "Living Area" designation shall support an overall, long-term density target of at least 60 units per gross hectare and a floor space index of 2.5 across the entire corridor. The building form should include a wide variety of formats, generally mid -rise in height, with some higher buildings, as detailed in area municipal Official Plans. In addition, Provincial policy directs the Region of Durham to achieve a minimum of 40% of all new residential development on land within the Built Boundary on an annual basis. The Region of Durham has identified that, within Clarington, 32% of all new residential development should be on land within the Built Boundary on an annual basis. Living Areas shall be used predominantly for a wide variety of housing types, sizes and tenures. Living Areas shall be developed in a compact form through higher densities and by intensifying existing areas. Land uses within this designation are to incorporate good urban design and promote pedestrian oriented development with access and connections to transit routes. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject site "Medium Density Residential". This designation allows for residential uses but not commercial uses. Lands designated residential area are intended to consist primarily of housing. Other uses may be permitted subject to activity, scale, design and compatibility. Sites specifically designated "Medium Density Residential" are to have a density between 31 and 60 units per hectare. Predominant housing forms will include: townhouses, triplex, quadruplex, low-rise apartments and mixed-use developments with a maximum height of 4 -storeys. Based on the Official Plan designation currently in effect for this site, the Applicant's proposal requires an Official Plan Amendment to permit commercial uses and address the increase in height and density. However, OPA 107 would permit this development. See Section 5.3 below. Bloor Street is designated as a "Type A Arterial" road and Townline Road South is designated as a "Type B Arterial" road. These roads are intended to move significant volumes of traffic. The intersection of Bloor Street and Townline Road South is also designated as a "Prominent Intersection". At these locations, buildings shall provide: • Massing and height sufficient to emphasize the significance of the intersection; • High quality building materials and building articulation on both street frontages; • Significant areas of transparent glass; • Provide direct access to the buildings from the street; and Municipality of Clarington Report PSD -068-16 Landscaping, street furniture and where appropriate, public art elements to complement the intersection and the building design. 5.3 Clarington Official Plan as amended by Amendment 107 Page 7 On November 1, 2016, Council adopted Official Plan Amendment 107 which brought the Clarington Official Plan into conformity with the Regional Official Plan and provincial policies. Under Official Plan Amendment Number 107 the land use designation of the subject site has adopted the "Regional Corridor" designation. Regional Corridors are identified as Priority Intensification Areas. Priority Intensification Areas will accommodate the majority of growth, and will contain the greatest mix of uses, heights and densities. The Municipality's target for intensification is 32% between 2015 and 2021 and 40% thereafter. Corridors shall be comprehensively developed to provide for: Residential and/or mixed use developments with a wide array of uses in order to achieve higher densities, and transit oriented development; Other uses that are complementary to the intended function of the Corridor; and Site design that is sensitive to the existing neighbourhoods. All new Commercial Development within Regional Corridors shall be a minimum height of two storeys. Regional Corridors are to achieve a minimum density of 60 units per hectare and a target floor space index of 2.5. Minimum and maximum building heights shall be 3-12 storeys, unless otherwise shown in a Secondary Plan. In compliance with Provincial policy, The Municipality will achieve a target of at least 32% of all new residential units within the Built-up Area 5.4 South West Courtice Secondary Plan Within the South West Courtice Secondary Plan (Secondary Plan), this site is further designated "Medium Density Residential". The goal for this area is to provide a broad range of housing forms to meet evolving needs of current and future residents. The Applicant's proposal requires an amendment to the Secondary Plan to permit commercial development. 6. Zoning By-law 6.1 The subject property is currently zoned "(Holding) Urban Residential Type One ((H) R1)" in Zoning By-law 84-63. The current zoning will need to be amended to permit the variety of land uses proposed by these applications. The Zoning By-law also provides a variety 50 Municipality of Clarington Report PSD -068-16 Page 8 of regulations for the size of properties, placement and size of buildings as well as the amount of parking that must be provided. The proposed regulations will be included with the recommendation report for Council's consideration. 7. Summary of Background Studies The Applicant has submitted several reports in support of these applications. Staff have reviewed the reports and are continuing to work with the Applicant and their consultants to correct and revise the information that has been submitted. It is expected that further revisions to these technical documents will be required before a recommendation report can be prepared. An overview of those reports is included below. 7.1 Existing Conditions 7.1.1 Archaeological Assessment A Stage 1 and 2 Archaeological Assessment, conducted on this site in late Fall 2015 did not result in the discovery of any material of cultural significance. The Ministry of Tourism, Culture and Sport is satisfied with the conclusions of the Archaeological Assessment that no further investigation is required. 7.1.2 Phase One Environmental Site Assessment There are no areas of potential environmental concern within the subject site. Therefore, no further investigation is warranted and the site is suitable to accommodate the proposed commercial and residential land uses. 7.1.3 Geotechnical Investigation Report An analysis was completed in October of 2012 to evaluate the property's potential for development of low-rise commercial and residential uses. Since that time the development proposal has changed to include the two, 6 -storey residential buildings. Further subsurface exploration is required to assess the soil properties in relation to buildings that are taller than two storeys in height. 7.2 Infrastructure 7.2.1 Functional Servicing Report Municipal water, sanitary sewer and storm sewers are available at sufficient capacity to service all of the proposed land uses. However, the applicant still needs to provide more information about how the servicing within the site will work. 51 Municipality of Clarington Report PSD -068-16 7.2.2 Stormwater Management Report Page 9 All stormwater will be managed on-site to accommodate water levels up to those anticipated by a 100 -year storm event. The quality of the stormwater management approach will be designed to provide an "enhanced" level of protection before it discharges into the Municipal storm sewer. 7.2.3 Traffic Impact Study (TIS) Regarding traffic impacts off-site, the TIS concludes that the resulting commercial and residential traffic generated by this development will not require any traffic and/or road infrastructure improvements. Regarding traffic impacts within the site, the TIS notes that the loading bays for service and delivery vehicles are less than ideal and recommends that the location and design of the loading bays be further reviewed and modified through the Site Plan process. The TIS does not mention the site's impact on, and contribution to, active transportation (i.e. walking, cycling and public transit). It is expected that this site's location on a Regional Corridor and a Regional Transit Spine will mean that future travel to and from this site will be supported by transit. 7.3 Project Design 7.3.1 Parking Study The Parking Study did not use Clarington parking ratios in its analysis. In addition, the analysis does not take into account the proximity of the site to a Regional transit spine or offer comment on the impact to parking based on complementary visits to different merchants, services or residents within this site. 7.3.2 Urban Design Report The purpose of an Urban Design Report is to evaluate the proposal to ensure that the development blends with the neighbourhood. It should illustrate the proposed building massing and articulation to show the relationship between the building and the street, pedestrian and transit linkages, landscape areas and outdoor amenity areas, and lighting. The Report should also demonstrate how the impacts on adjacent sites are mitigated. The Urban Design Report that has been submitted only offers a broad overview of the development proposal. Further detailed information is required. 52 Municipality of Clarington Report PSD -068-16 7.3.3 Energy Conservation and Sustainability Plan Page 10 The purpose of the Energy Conservation and Sustainability Plan is to demonstrate how the development will achieve high quality design centred on resource conservation, efficiency and environmental sustainability. A preliminary assessment of these has been completed but further information will be required as the proposal proceeds to Site Plan approval. 7.3.4 Noise Study The Noise Study states that the traffic noise from the surrounding streets will exceed the MOE guidelines. As a result, MOE guidelines require that appropriate warning clauses must be included in the purchase or tenancy agreements for units within the proposed residential buildings. In addition, it is recommended that these units be equipped with central air conditioning. 7.4 Policy 7.4.1 Planning Justification Report (Planning Report) The Planning Report provides an analysis of the proposal in relation to Provincial, Regional and local planning policies and regulations. The conclusion of the Planning Report is that this proposal will conform with Provincial and Regional policies by: • Utilizing existing municipal services; • Providing a transit -supportive development along a Regional transit spine; • Increasing the variety of housing supply; and • Contributing to intensification by providing a higher density within the Provincial Built Boundary. The Planning Report also states that this proposal will conform with the Clarington Official Plan and Secondary Plan by: Proposing buildings which are compatible with the surrounding neighbourhood; Providing higher densities and a mix of uses without negatively impacting either the road system or the existing services; and Offering a building and site design that includes high quality design, a pedestrian - friendly environment and an attractive streetscape. Overall the Planning Report concludes that the proposed development will assist in transforming this segment of Bloor Street, will achieve the policies for Regional Corridors and represents good planning. 53 Municipality of Clarington Report PSD -068-16 Page 11 8. Public Notice and Submissions 8.1 Public notice for these applications were given by mail to each landowner within 120 metres (400 feet) of the subject property. Two "Notice of Public Meeting" signs were installed on the property (see Figure 4). The public notice was also posted: • In the "Clarington This Week" newspaper; • On the Municipal website; and • In the Planning Services electronic newsletter. Figure 4: Public Notice sign viewed from Bloor Street DEVELOPMENT PROPOSAL ApPll[am W eeiane rr, i.'� c � r v yr,P�rxlilltou30. enr3ila6m]], wm�'I,I,=.� 8.2 As of the writing of this report, Staff had received four inquiries from members of the public about this project. 8.3 Two of the inquiries requested further details about the application but expressed no concerns. 8.4 One of the inquiries expressed support for higher density housing. This resident is expecting to sell their home in the next few years and would like to find a smaller unit in the local area. 8.5 One of the inquiries expressed support for the proposed fuel bar but was concerned about the impact of the higher density housing if the apartment buildings are rental vs. condominium. 54 Municipality of Clarington Report PSD -068-16 Page 12 8.6 At an Open House hosted by the Applicant, on November 22, 2016 the neighbours had an opportunity to learn more about the proposal and provide feedback. Many of the residents at the meeting expressed concerned with the existing traffic conditions including: rush hour volume, speeding and noise. In fact, the primary concern raised at the meeting by the neighbours was how the proposal would impact traffic in the area. This included the impact of adding 128 households as well as providing commercial services (i.e. fuel bar and drive-thru restaurant) which would bring even more traffic to the area. In addition to traffic, the most common concerns raised at the Open House were: • The impact of the proposed development on the local K-6 school (Dr. G. J. MacGillivary Public School); and • The massing of two 6 -storey buildings in this neighbourhood. 9 Agency Comments 9.1 Regional Municipality of Durham As of the writing of this report, formal comments had not yet been received from the Region of Durham. 9.2 Conservation Authorities Central Lake Ontario Conversation Authority has no objections to the requested Official Plan Amendment and Zoning By-law Amendment. However, the Applicant will be required to address a number of technical requirements prior to their support of the Site Plan application. 9.3 City of Oshawa As of the writing of this report, formal comments had not yet been received from the City of Oshawa. 10 Departmental Comments 10.1 Engineering Services The Engineering Services Department has completed their initial review of the proposed applications. However, the reports submitted in support of these applications do not include all of the information required to provide a comprehensive analysis of the proposal at this time. Staff are continuing to give direction to the Applicant to correct and revise the reports that have been submitted. Revision of these technical documents is required before a comprehensive analysis can be completed and before a final recommendation can be provided. 55 Municipality of Clarington Report PSD -068-16 10.2 Emergency and Fire Services Page 13 The Emergency and Fire Services Department has no concerns with the Official Plan Amendment and Zoning By-law Amendment applications. Technical comments will be provided through the review of the Site Plan application. 10.3 Operations Department A municipal sidewalk, the Operations Department notes, will need to be provided across the Bloor Street frontage of this site. 10.4 Finance Department The Finance Department confirms that the property taxes for this site have been paid up- to-date. 11. Discussion 11.1 Land Use Properties along Regional Corridors are intended to include a mix of uses with a focus on higher density to support the successful development of complete communities. Developments along corridors must be transit -supportive, providing sufficient housing and jobs to make transit a viable mode of transportation. The proposed development will contain many components that will contribute to the Municipality's objective of transforming the Bloor Street corridor into a higher -density, mixed-use, transit supportive and pedestrian friendly environment. The density and mix of uses proposed by this application will support future transit service along Bloor Street by bringing a concentration of both residents as well as shopping and services in close proximity to an existing transit line. The details of the proposed development will need to be carefully reviewed. 11.2 Urban Design New development must conform with the urban design policies of the Official Plan which includes: Locating buildings near the street; Providing main building entrances that are visible and directly accessible from the public sidewalk; and Designing active ground floor uses. 11.3 Traffic Traffic issues were highlighted in the meeting with area residents. This issue will be carefully reviewed in the context of the traffic reports being finalized. 56 Municipality of Clarington Report PSD -068-16 12. Concurrence Not applicable. 13. Conclusion Page 14 This report provided background information for the Public Meeting on the request to permit a mixed use development as submitted by Excelsior Financial. Staff will continue processing the application and prepare a subsequent report once all comments have been received and all potential issues have been satisfactorily addressed. 14. Strategic Plan Application This proposal will support the objectives of the Strategic Plan by: Providing a walkable, mixed-use development; and Supporting a variety of affordable, mixed housing types and community design attributes that support our residents at every stage of life and across all abilities. 1*1(t_ Submitted by: 4 Reviewed by: David J. Crome, MCIP, RPP Director of Planning Services Curry Clifford, MPA, CMO Interim CAO Staff Contact: Paul Wirch, Planner II, 905-623-3379 extension 2418 or pwirch(a)-clarington.net Carlos Salazar, Manager, 905-623-3379 extension 2409 or csalazar(o-)-clari ngton. net List of interested parties to be notified of Council's decision is on file in the Planning Services Department. Attachments: Attachment 1 — Proposed Site Plan PW/COS/tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0021 Bloor & Townline\6-Reports\PSD-066-16 Public Meeting Report v.2.docx 57 Municipality of Clarington Attachment 1 to Report PSD -068-16 z� Clarftwa 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: December 5, 2016 Report Number: PSD -069-16 Resolution Number: File Number: PLN 8.19 By-law Number: Report Subject: By-law Regulations for Dog/Pet Home Cares Recommendations: 1. That Report PSD -069-16 be received for information; and 2. That all interested parties listed in Report PSD -069-16 and any delegations be advised of Council's decision. 59 Municipality of Clarington Report PSD -069-16 Report Overview Page 2 On October 3, 2016 the delegation of Sandra Harrop regarding a request for an amendment to the Zoning By-law to permit a dog daycare was presented to the Planning and Development Committee and subsequently referred to staff to provide a report. The submission requested a general amendment to applicable regulations to permit such uses in rural areas. This report reviews the request and provides the background and context of current by-laws regulating Dog/Pet Home Cares and Kennels. 1. Background Planning Staff contacted Ms. Harrop to receive clarification on her request. The following is an outline of her proposed business: • Wishes to find a countryside property to run a dog daycare business for up to 10 dogs. • Hours 8pm-6pm, Monday to Friday. • No weekend operations. • No overnight stays. • Dogs would be kept in an accessory building. 2. Land Use Planning Policies regarding Kennels 2.1 Land use planning policies on kennels are included in the Durham Regional Official Plan, and implemented and regulated as a land use in the Clarington Official Plan and Zoning By-laws. 2.2 The Regional Official Plan permits "kennels" as an accessory use to an agriculture operation in the Prime Agriculture or Rural designation, and "commercial kennels" within the Rural designation. There is no definition of a "commercial kennel" but the Regional Official Plan is making a distinction where a kennel would be the principal use of the land. Municipal staff looked to the Kennel Licensing By-law and Responsible Pet Owners By- law to distinguish the threshold at which point a business would be considered a Kennel. As described below, the keeping of four or more dogs would be considered a Kennel, subject to exceptions. 2.3 The Clarington Official Plan, as amended by Official Plan No. 107 permits Kennels on lands designated Rural (formerly Green Space and General Agricultural). These policies conform to the direction of the Regional Official Plan which prohibit commercial Kennels on Prime Agricultural Lands. A site specific zoning by-law amendment for kennels following a review against the policies to demonstrate compatibility, limit impact to agricultural uses, and mitigate against potential nuisances. The potential lands where kennels can be located are shown in Attachment 2. Municipality of Clarington Report PSD -069-16 Page 3 2.4 Rezoning applications to permit Kennels in Urban areas, Settlement Areas, Prime Agricultural Areas or on much of the Oak Ridges Moraine would not be permitted by the policies of the current Official Plan, or Official Plan Amendment 107. 2.5 Recognizing that not all dog care operations require the rigorous process of a rezoning and the associated time and costs, in the fall of 2015 as part of a general amendment to Zoning By-law 84-63, Planning staff recommended Pet Home Care operations be permitted as a Home Occupation, acknowledging that there is merit to allowing small pet care operations without requiring a Planning Act application or a kennel license. Pet Home Cares operating as a home occupation are permitted with up to three dogs provided they do not provide continuous care for more than 24 hours. It is expected that the home occupation provisions on the Oak Ridges Moraine will be updated through the Comprehensive Zoning By-law Review of both Zoning By-laws to implement the recently Council approved policies of the Clarington Official Plan. This review will begin in 2017. 2.6 At the present time, there are six parcels currently zoned to permit kennels in Clarington. 3. Municipal By-laws regarding the keeping of dogs 3.1 The Municipality further regulates the keeping of dogs by two by-laws being the Responsible Pet Owner's By-law and the Kennel Licensing By-law, administered by the Clerk's Department. Responsible Pet Owners By-law 2013-024 3.2 The Responsible Pet Owners By-law was updated in 2013. This update established a maximum of three dogs permitted per property. An exemption is provided for lands zoned Agricultural, whereby an owner can have three licensed dogs, and board up to three additional dogs for a total of six dogs without a kennel license. Exemptions are also provided for those who are involved in hunting, showing or who have working dogs as part of their husbandry provided the owner can provide proof of active participation in governing organizations. A further exemption is provided if a person moves to Clarington with more than three dogs from a previous municipality that permitted the dogs, or if two families merge and they collectively have more than three dogs. Kennel Licensing By-law 2013-025 3.3 The Kennel Licensing By-law was also updated in 2013 and applies to those owners who board or breed four or more dogs, and who are not eligible for exemptions as discussed above. 3.4 The by-law also establishes minimum standards for indoor and outdoor enclosures, food and water, cleanliness and sanitization, veterinary records etc. to ensure the health and wellbeing of pets. These facilities are inspected annually for compliance with the by-law. 61 Municipality of Clarington Report PSD -069-16 Page 4 3.5 The Manager of Animal Services advises 10 kennels are currently licensed in Clarington, many of which predated the requirement for site specific zoning. 3.6 Consultation with kennel operators and the agricultural community took place during the review in 2013. Licensed kennel operators expressed concern about Pet Home Cares essentially operating as Kennels but not going through the process of rezoning or licensing lands. Kennel operators and the agricultural community were generally satisfied with the Kennel Licensing By-law and Responsible Pet Owners By-law both passed in 2013. 4. Discussion 4.1 In reviewing Ms. Harrop's delegation and business plan, staff reviewed the following: Question # 1: Is the proposed business considered a Kennel according to the Kennel Licensing By-law? Question # 2: Is the land use planning approval process for a Kennel appropriate for the request? Question # 1 4.2 Yes, the proposed business is considered a kennel according to the Kennel Licensing By- law as it considers anyone boarding four or more dogs for a temporary period of time for financial gain a Kennel. The size threshold of four or more dogs is commonly used because it is easily measured and the more animals under care by single owner, increases the probability of noise and nuisance issues. Using the word "temporary", it does not distinguish between whether it is less than 24 hours or greater than 24 hours. The proposed business by Ms. Harrop is intended to operate between 8 am and 6 pm, with no weekend or overnight care providing care for up to ten dogs. The operation is for financial gain and the number of dogs exceeds the minimum threshold in the Kennel Licensing By-law and therefore would be considered a Kennel. The following highlights the provisions of the Kennel By-law that would apply: • Annual license and inspections; • Kennel construction standards including temperature and ventilation; • Indoor and outdoor enclosure facilities; • Minimum standards of care; and • Record keeping. The regulations established by the Kennel Licensing By-law ensure the health and safety of the pets, staff and members of the public who attend the facility. 62 Municipality of Clarington Report PSD -069-16 Question # 2 Page 5 4.3 Yes, for land -use planning approval process for a kennel is appropriate for the request. In order to satisfy the Regional Official Plan and the Clarington Official Plan policies for Kennels, Ms. Harrop would require the following: • A parcel within the "Rural" land use designation of the Clarington Official Plan (see Attachment 2); Preconsultation with staff and agencies, followed by an application for a site-specific Zoning By-law Amendment, subject to the submission and approval of supporting studies; • The rezoning would be reviewed and required to satisfy the Clarington Official Plan policies. The applicant would have to demonstrate: a) The property is a suitable size and configuration and has sufficient setbacks to not interfere with neighbouring agricultural and residential uses; and b) All impacts are assessed and mitigated to reduce and eliminate any nuisance to the neighbouring community. Should a rezoning be approved, Site Plan Approval would be required and the Owner would also require a Kennel License. 4.4 Requiring a Kennel business or Dog Care business with four or more dogs to proceed through a site-specific rezoning process and site plan approval has merit and provides: • Review of such issues as fire protection and emergency response, building code requirements, water and septic services, conformity to the Kennel Licensing By-law i.e. review of enclosure spaces. • A public process allows neighbours to participate with concerns and input on mitigating impacts. • Implementation of site specific regulations such as setbacks, landscapes strips. • Approval of site plan drawings and agreement to implement the rezoning and approve details such as access, landscaping, fencing, building placement and treatment and servicing. 4.5 Ms. Harrop in her letter supports a licensing process similar to that in place for kennels, but requests removing the need for a rezoning and site plan approvals. Removing the land use planning process may result in matters not covered by the licensing process without review of important items outlined in Section 4.3 and 4.4. Removing the public component could result in improper mitigation of impacts and many additional complaints. It also creates an uneven playing field for those Kennel operations that have already gone through the rezoning and licensing process. Further, it becomes difficult to differentiate and enforce licensing for a dog day care that has four to ten dogs on a daily basis and a kennel that has four to ten dogs on a weekly basis. 63 Municipality of Clarington Report PSD -069-16 Page 6 4.6 There does not appear to be any compelling reasons for further review and/or amendment to any municipal by-laws relating to kennels and dog daycares at this time. Staff recommend that the Municipality continue with the status quo of defining Kennels and the required land use planning approval process. 5. Concurrence This report has been reviewed by the Manager of Animal Services and the Municipal Clerk who concur with the recommendations. 6. Conclusion Over the years due to complaints regarding noise and nuisance (impact on grazing animals), the extent of the areas where kennels are permitted have been reduced to those lands with a Rural designation. Kennel licencing provisions apply when there are four or more dogs and does not recognize dog day care as a distinct use. In lands subject to By-law 86-63 as amended (outside of the Oak Ridges Moraine), Pet Home Care, which includes grooming and boarding services for up to three dogs, are permitted on lands with a Home Occupation provision. The home occupation use is conducted in part within the home. These provisions are in the process of being extended to the Oak Ridges Moraine. Ms. Harrop's proposal would be considered a kennel. It would be required to be located within the Rural designation and it would be subject to site specific rezoning and the kennel licencing provisions. 7. Strategic Plan Application Not Applicable • Municipality of Clarington Report PSD -069-16 1*4t- Submitted by: 4 David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Curry Clifford, MPA, CMO Interim CAO Page 7 Staff Contacts: Duncan Anderson, Animal Services Manager, 905-623-3379 ext. 2110 or danderson(a)clarington.net; Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott(a)-clarington.net. Attachments: Attachment 1 Written Letter from Ms. Sandra Harrop presented to Planning and Development Committee on October 3, 2016 Attachment 2 Rural Land Use Map The following is a list of the interested parties to be notified of Council's decision: Sandra Harrop ATS/CP/tg I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 8 Other By-laws\PLN 8.19 Kennels & Pet Home Care\Staff Reports & Interested Parties List\PSD-069-16 Kennels Pet Home Care.docx 65 Municipality of Clarington Dear Members of Clarington Council, Attachment 1 to Report PSD -069-16 am writing regarding the proposed changes to the Rural Areas Zoning Plan. I have lived in Clarington since 2009 and have run a small dog walking business since 2010. 1 have been in the process of searching for a property on which to open a small dog daycare facility. Recently I found a property that was in my price range and an ideal location. Unfortunately, when I called the city planning department I was informed that although no changes would need to be made to the footprint of the existing buildings or landscaped area, a dog daycare would not be permitted on that site as it would fall under Clarington's definition of a kennel. On further investigation I have found that there is nowhere in the region where the zoning allows such a facility unless there was already a kennel existing prior to 2001. Such kennels are in short supply and extremely financially prohibitive. There is a great demand for pet care in the area as many of our citizens are pet owners who also commute long distances to work. My business is unable to meet the demand due to the current restrictions. I would like to petition the Councillors to create a provision in the amended plan and any associated by- laws to make room for small, day -time only pet care facilities to exist in rural Clarington as a home occupation. I would also like to request that the activities be allowed on the environmentally protected Oak Ridges Moraine as long as the applicant satisfies the requirements of the Oak Ridges Moraine Act. Currently home businesses including agriculture, small engine repair and low impact recreational uses are permitted even in the natural core areas. A dog daycare facility with a limited number of dogs would have equal or less environmental impact than these activities and I would be happy to consent to an environmental assessment to satisfy the requirements. Amending these by-laws to ease the restrictions on pet care facilities would not only allow my business to grow, but it would.also benefit the residents of Clarington. The median commute times in Clarington range from 16 to 30 minutes depending on the neighbourhood. Add this to an 8 to 12 hour work day and it means that many residents must find options for looking after their pets while they are at work. Licensed dog daycare facilities would ease the strain of a long commute for many residents. There are currently pet care businesses operating outside of the rules and regulations. A licensing procedure, similar to that which exists for commercial boarding kennels would create a safe environment for the animals and ensure that businesses would be well within current noise by-laws. Paid licenses would also be an income source for the municipality. The township of Kawartha Lakes has no limit on the number of dogs that can be housed at a residence anywhere in their region, which also includes a large portion of the Oak Ridges Moraine. Kawartha Lakes by-laws also define a kennel as a location where dogs are kept for more than 8 hours which means a dog daycare facility would be exempt from kennel restrictions in that jurisdiction. 47 m • While I am considering opening my business just outside the boundaries of Clarington, I would prefer to stay here. Clarington is my home. 1 would appreciate an opportunity to address Council on this matter before a final decision is made. Sincerely, Sandra Harrop, R.V.T. (905)999-4499 48 67 Attachment 2 to Municipality of Clarington Report PSD -069-16 Clarftwa 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: December 5, 2016 Report Number: PSD -070-16 Resolution Number: File Number: COPA2016-0002, ZBA2016-0013 & S -C-2016-0002 By-law Number: Report Subject: Applications by 2399263 Ontario Limited (Matanda Homes) for a 21 - unit draft plan of subdivision on Gordon Vinson Avenue and Frank Wheeler Avenue in Courtice Recommendations: That Report PSD -070-16 be received; 2. That Amendment No. 108 to the South West Courtice Secondary Plan to permit Medium Density Residential units as contained in Attachment 1 be adopted and the by-law adopting the Official Plan Amendment contained in Attachment 2 to Report PSD -070-16 be passed; 3. That the application for Draft Plan of Subdivision S -C-2016-0002 submitted by 2399263 Ontario Limited be supported subject to redlined revisions and conditions as contained in Attachment 3 to Report PSD -070-16; 4. That the Zoning By-law Amendment application submitted by 2399263 Ontario Limited be approved as contained in Attachment 4 to Report PSD -070-16; 5. That once all conditions contained in the Official Plan and 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 -070-16 and Council's decision; and 7. That all interested parties listed in Report PSD -070-16 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -070-16 Report Overview Page 2 This is a recommendation report for approval of the applications by 2399263 Ontario Limited (Matanda Homes) to create a residential plan of subdivision. Staff recommend approval of the proposed draft plan subject to red -lined revisions. This will result in the development of 8 single detached dwelling units and 11 street townhouse units, for a total of 19 units versus the original proposed 21 units. The plan requires an amendment to the South West Courtice Secondary Plan to allow for Medium Density residential development and an amendment to the Zoning By-law to place these lands in appropriate zones to permit this residential development. 1. Application Details 1.1. Owner/Applicant: 2399263 Ontario Limited (Matanda Homes) 1.2. Agent: KLM Planning Partners Inc. 1.3. Proposal: Proposed Amendment to Clarington Official Plan and Courtice South West Secondary Plan To place lands in the medium density residential designation. Proposed Draft Plan of Subdivision To create a 21 unit draft plan of subdivision consisting of eight lots for single detached residential units and two blocks for a total of 13 street townhouse units. Rezoning To rezone the lands from the existing Agricultural (A) zone to appropriate zones that permit the proposed residential development. 1.4. Area: 0.562 hectares 1.5. Location: 1445 Gord Vinson Avenue, Part of Lot 35, Concession 1, Former Township of Darlington 1.6. Roll Number: 1817 020 070 03500, 1817 010 070 03578 1.7. Within Built Boundary: Yes 70 Municipality of Clarington Report PSD -070-16 2. Background 2.1 The subject applications were received and circulated for comments in late June 2016. Primary Heritage N Resource L 0 Z. z .f�■. w A LL A WHEELER AVE Page 3 L rx- DE ■ - ■i h ' NIONTAGUE AVE - - ;LU BATHG of ZEA 2016-0013 ` COPA 2016-0003 Figure 1: Key Map 2.2 The location and proposal for the subject lands is shown on Figure 1. This small infill subdivision includes a residential parcel along the original alignment of Bloor Street in Courtice, a small block from a previously registered plan of subdivision, and a portion of unopened road allowance that was conveyed in May 2016. 2.3 The lands are now within the South West Courtice Secondary Plan and designated for urban residential development. The development parcel has frontage along Gord Vinson Avenue (formerly Bloor Street) and Frank Wheeler Avenue with municipal services available on both frontages. 2.4 The proposal includes two street townhouse blocks fronting onto Gord Vinson Avenue (a total of 13 units) and eight single detached lots along Frank Wheeler Avenue. 71 Municipality of Clarington Report PSD -070-16 Page 4 2.5 With the approval of the 2016 Clarington Official Plan, it is no longer necessary for a Clarington Official Plan Amendment for the townhouse development. The new policies allow for limited townhouse development internal to neighbourhoods provided it is appropriate. An amendment to the South West Courtice Secondary Plan to allow medium density development is required for the townhouse component of the proposal. 2.6 The applicant submitted the following studies in support of the applications and are reviewed in Section 7 of this report: • Planning Justification Report • Functional Servicing and Stormwater Management Report • Energy Conservation and Sustainability Plan • Archaeological Assessment • Phase 1 Environmental Site Assessment These reports will be detailed in a subsequent report. 3. Land Characteristics and Surrounding Uses 72 Municipality of Clarington Report PSD -070-16 3.1 The surrounding uses areas follows: Page 5 North - Existing semi -rural property, agricultural uses and residence identified as a "Primary Heritage Resource" South - Existing residential development in approved plans of subdivision East - Existing semi -rural property and residence West - Existing residential development in approved plans of subdivision 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement 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. Opportunities for redevelopment and intensification must be promoted. Municipalities must provide a variety of housing types and densities, and a range of housing options that are affordable to the area residents. Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. The applications are consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The subject lands are within the defined Built Boundary. Population and employment growth will be accommodated by directing a significant portion of new growth to the built up areas through intensification and efficient use of existing services and infrastructure. The development of complete communities is encouraged by promoting a diverse mixof land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit -supportive and pedestrian -friendly developments will be concentrated along existing and future transit routes. The Growth Plan establishes minimum targets for residential development occurring annuallywithin each upper tier municipality to be within the built up area. The applications conform to the principles of the Growth Plan. 73 Municipality of Clarington Report PSD -070-16 5. Official Plans 5.1 Durham Regional Official Plan Page 6 The Durham Regional Official Plan designates the subject lands Living Area. Lands within the Living Area designation shall be used predominantly for housing purposes incorporating the widest possible variety of housing types, sizes, and tenure. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. The Durham Regional Official Plan requires a minimum intensification target of 32%for lands within the built boundary in Clarington. The applications conform to the Durham Regional Official Plan. 5.2 Clarington Official Plan The lands are designated Urban Residential. Urban Residential lands are predominately intended for housing purposes. Gord Vinson Avenue and Frank Wheeler Avenue are local streets. The proposed subdivision falls within the Bayview neighbourhood which has a housing target of 1250 low, 300 medium, and 125 high-density housing units, in addition to50 intensification units, for a total of 1,725 units by the year2016. The Urban Residential designation permits a density of between 10 and 30 units per hectare, and does not identify townhouse units as the predominant built form. The applicant requested a Clarington Official Plan Amendment to allow Medium Density development with the introduction of townhouse units and a development with a density of 38 units per hectare. 5.3 Clarington Official Plan as Amended by Amendment 107 On November 1, 2016, Council adopted the Official Plan Amendment 107 to bring the Clarington Official Plan into conformity with the Regional Official Plan and provincial policies. The direction for neighbourhood planning differs from the previous low, medium and high density residential framework. The amended Clarington Official Plan establishes urban structure typologies and built form directives for Centres, Corridors, Transportation Hubs, Waterfront Places, Edge of Neighbourhoods, Along Arterial Roads and Internal to Neighbourhoods. The subject lands are considered to be "Internal to Neighbourhood". Limited townhouse units are permitted with a maximum height of three storeys. Proposals for multi -unit residential must consider appropriateness of the site, compatibility, provision of suitable access points, traffic and parking impacts, massing and urban design policies. 74 Municipality of Clarington Report PSD -070-16 5.4 South West Courtice Secondary Plan Page 7 The South West Courtice Secondary Plan currently designates the land Low Density Residential. The proposed Amendment to the Secondary Plan would redesignate a portion of the lands as Medium Density Designation to permit the requested townhouse units. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. Zoning By- law84-63 does not have a future development zone and the Agricultural (A) Zone is often used for that purpose on lands within the urban areas. The proposed rezoning would place lands in residential zones that would permit single detached and street townhouse units. 7. Summary of Background Studies 7.1 Planning Justification Report prepared by KLM Planning Partners Inc., June 2016 The report provides an analysis of the development's conformity to Provincial, Regional and Clarington Official Plan land use planning policies. The Official Plan Amendment is required to place lands in a medium density designation given built form and density. An analysis of population and housing targets in the neighbourhood was completed and the introduction of 13 street townhouse units is modest and appropriate. The development was reviewed against the policies for medium density development and was found to be suitable in size and shape to accommodate the proposed density and built form. The development provides for adequate off-site parking and suitable amenity space is provided in rear yards. The Official Plan polices limit the number of townhouse units to generally not more than six attached units. The report identifies that because there is no development across the street and adequate on -street parking can be accommodated that the one block of seven townhouse units is appropriate. The report attached a draft Official Plan Amendment and a draft Zoning By-law amendment for consideration. The report finds that the development conforms to applicable land use planning policies and makes use of existing infrastructure, transit and public facilities. The development is consistent and compatible with neighbouring development and provides a density and built form that contributes to the completion of the neighbourhood. 75 Municipality of Clarington Report PSD -070-16 Page 8 7.2 Functional Servicing and Stormwater Management Report prepared by Cole Engineering, June 2016 The report provides an overview of site servicing, grading and stormwater management techniques for the servicing of the lands. The report identifies that existing neighbourhood infrastructure was sized to accommodate the development of the subject lands, including a downstream stormwater management pond. 7.3 Energy Conservation and Sustainability Plan prepared by KLM Planning Partners Inc., June 2016 The plan identifies preliminary measures to address energy efficiency, air and water quality, solid waste management and enhancement of the natural environment. 7.4 Stage 1-2 Archaeological Assessment prepared by York North Archaeological Services Inc., May 25, 2016 The assessment did not uncover any archaeological resources on the site and no further archaeological assessment is recommended. 7.5 Phase 1 Environmental Site Assessment prepared by GHD, May 25, 2016 The property was found to have a low risk of existing soil contamination and is suitable for future residential development. No further soil investigation is warranted. 8. Public Submissions 8.1 During the review of the applications, a total of six individuals contacted staff regarding the applications. Planning staff received three written submissions via email. 8.2 Concerns raised to date include unit mix and the introduction of townhouse units, the lack of gas stations and commercial uses to serve area residents, school capacity, traffic and parking and impacts from area construction sites. 8.3 The neighbouring resident to the east has raised concerns about changes to grades post -development and potential impacts to his property. 76 Municipality of Clarington Report PSD -070-16 9. Agency Comments 9.1 Regional Municipality of Durham Page 9 Regional Planning has no objection to the applications. The applications were found to conform to the Growth Plan, the Provincial Policy Statement and the Durham Regional Official Plan. The proposed Official Plan Amendment is exempt from Regional approval. Regional Works identified that sanitary and water services are available to accommodate these proposed lots. The development does not present any significant Regional transportation or transit impacts. Regional conditions were provided and included in the proposed Conditions of Draft Approval included as Attachment 3. 9.2 Central Lake Ontario Conservation Authority The Conservation Authority has no objections to the proposal and provided technical comments to the applicant regarding grading and stormwater managementthat must be addressed. The Conservation Authority also provided standard conditions of approval. 9.3 Kawartha Pine Ridge District School Board Students from this development would attend Dr. G.J. MacGillivray Public School, Courtice Intermediate and Courtice Secondary School. Board staff request that consideration be given to sidewalk connections and pedestrian routes to allowsafe access for students to Dr. G.J. MacGillivray. 9.4 Other Agencies Enbridge Gas, Canada Post and Rogers have no objections to the applications. 10. Departmental Comments 10.1 Engineering Services The applicant has submitted a Functional Servicing Report in support of this application which addresses grading, servicing and stormwater management for this proposed development. During the detailed design stage, the grading of the site should eliminate proposed retaining walls along the east limit of the development. Every effort must be made to preserve the trees along the east boundary of the proposed development. 77 Municipality of Clarington Report PSD -070-16 Page 10 The Robinson Ridge and Huntington subdivisions were developed and services constructed anticipating development of these lands. The existing road network on Gord Vinson Avenue can support the two townhouse blocks, and Frank Wheeler Avenue can support eight single family dwellings without requiring any road improvements in thearea. Additional technical considerations would be part of the detailed review of the subdivision such as site alteration, construction traffic routes (to be limited to Gord Vinson Avenue), service connections, road restoration and driveway alignment to accommodate on -street parking. A cash -in -lieu of parkland payment would be required as a condition of approval. A former municipal road allowance is included within the limits of the draft plan of subdivision. This unopened road allowance was conveyed subsequent to approval of recommendations contained in the Legal Service Department Report LGL -002-16. 10.2 Emergency and Fire Services No concerns. 10.3 Operations Department Operations has provided comments regarding necessary streetlighting upgrades along Gord Vinson Avenue. The subdivision agreement would require provisions relating to protection measures for mud tracking on municipal streets. 11. Discussion 11.1 This small infill subdivision is located along the former Bloor Street alignment (nowGord Vinson Avenue) in a growing area of southwest Courtice. The development is very efficient and takes advantage of existing roads and servicing. The lots can be serviced and accessed from both Gord Vinson Avenue and Frank Wheeler Avenue. The development has a density of 38 units per net hectare. All housing units would contribute to intensification targets. 11.2 Staff recommends approval of the draft plan of subdivision subject to red -lined revisions shown in Attachment 3 in the draft plan of subdivision. Instead of 13 street townhouse units, each having a minimum lot frontage of six metres, staff recommend revisions to the draft plan of subdivision to permit 11 street townhouse units, each having a minimum lot frontage of seven metres. The applicant is not in support of this revision and believe the six metre frontage is consistent with existing townhouse development in the area. Ev Municipality of Clarington Report PSD -070-16 Page 11 11.3 However, while the minimum frontage for a street townhouse unit in the Urban Residential Type Three (R3) Zone is six metres, Council supported staff's recommendation in 1999 to approve new street townhouse units with a minimum lot frontage of seven metres (Refer to PD -36-99 and PD -117-99). Requiring a minimum lot frontage of seven metres allows for driveways to be paired and provides for additional on -street parking which the six metre units cannot provide. See Section 11.5 for the result of applying this policy to this property. Approval of the existing townhouse units in the area pre -date the 1999 Council resolution. 11.4 The proposed townhouse component of the development, as red -lined revised, satisfies the applicable criteria of the Clarington Official Plan for multi -unit residential development, as follows: a) The size has a suitable size and shape to accommodate the townhouse development; b) The proposed development is compatible with surrounding development where there is a mix of single detached, semi-detached, street townhouse and condominium townhouse development. The proposed 11 townhouse units are limited and not significantly increasing the townhouse unit mix in the neighbourhood; c) The impact on local streets is minimized with the provision of adequate on- street parking. Local streets were constructed to accommodate development on the subject lands. d) Street townhouse units shall generally not comprise more than six attached units and shall not be located across the street from multi -unit residential development. With the recommended red -lined revision, the draft plan illustrates a block of five street townhouse units, and a block of six street townhouse units. As lands to the north are development, additional review of on -street parking availability will be reviewed. Lands on the north side could be developed with wider units to continue to provide more opportunities for on -street parking, or could be a private condominium development with on-site visitor parking. 11.5 On -street parking was identified as a concern at the Public Meeting stage. Zoning By-law 84-63 establishes minimum parking rates for differing types of residential units. All single detached and semi-detached units are required to have two outdoor parking spaces located in the driveway contained on the lot. Townhouse units do not require two outdoor parking spaces but require one parking space in the driveway, and the other space is provided in the attached garage that must be large enough to function as a parking space. These regulations have been in effect since 1999. 79 Municipality of Clarington Report PSD -070-16 Page 12 In addition to Zoning By-law requirements, each development must demonstrate to Engineering Services through an on -street parking plan that on - street parking can also be accommodated at a rate of one space for every four single detached or semi-detached units, and one for every three townhouse units. On -street parking is not a requirement of the Zoning By-law, but is a standard that is reviewed during the review and design stage. On -street parking functions as additional visitor parking and limited overnight parking subject to obtaining the appropriate municipal parking permits. The subject draft plan of subdivision, as red -lined revised, can provide sufficient on -street parking on the north side of Frank Wheeler Avenue and on the south side of Gord Vinson Avenue in accordance with the rates provided above. Increasing the unit widths from six metres to six metres results in three additional on -street parking spaces in front of the street townhouse units (an increase from three spaces to six). In the interim and until lands to the north develop, there would be additional on - street parking available on the north site of Gord Vinson Avenue. 11.6 Engineering Services and the owner of the property to the east of the subject lands have identified grading as a concern. The applicant will be required to demonstrate that the grading of the development can be completed in a manner that takes into consideration transitions to new developmentto the west and the existing property to the east. 11.7 It is recommended that the subject lands be placed in two urban residential zones: R2-65 for the single detached dwellings R3-35 for the townhouse dwellings The zones applied reflect current standards seen in newer subdivisions with respect to lot coverage and setbacks are consistent with the surrounding neighbourhood. 11.8 The Holding (H) symbol will be applied on the proposed zoning to ensure adequate access and services are in place prior to development and will be lifted by Council when the appropriate conditions are met. 11.9 Conditions of draft approval have been prepared based on staff and agency comments and would be fulfilled as the subdivision application moves through the final approval stage. The owner of the lands will be required to enter into a subdivision agreement with the Municipality of Clarington. Municipality of Clarington Report PSD -070-16 Page 13 11.10 The applicant concurs with the conditions of Draft Approval, but does not agree with the red -lined revisions shown that increases the minimum width of street townhouse units to seven meters and reduces the unit yield by two townhouse units as shown on the draft plan of subdivision included in Attachment 3. 11.11 All taxes owing to the Municipality of Clarington have been paid in full. 12. Concurrence Not applicable. 13. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the applications to permit a 21 -unit draft plan of subdivision be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Curry Clifford, MPA, CMO, Interim CAO Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott clarington.net Attachments: Attachment 1 — Proposed Official Plan Amendment No. 108 Attachment 2 — Clarington Official Plan Amendment Adopting By-law Attachment 3 — Proposed Conditions of Draft Approval Attachment 4 — Proposed Zoning By-law Amendment W Municipality of Clarington Report PSD -070-16 Page 14 The following is a list of the interested parties to be notified of Council's decision: 2399263 Ontario Limited c/o Ray Abraham KLM Planning Partners Inc. c/o Billy Tung Dave Bandreth John Gilmore Susan Young Ashwin Balmri John Slemko Karolina Gardzinski ATS/CP/df;tg I:\^Department\LDO NEW FILING SYSTEMWpplication Files\SC Subdivision\S-C 2016\S -C-2016-0002 1445 Gord Vinson Ave\Staff Report\PSD-070-16 Matanda Homes.docx Municipality of Clarington Attachment 1 to Report PSD -070-16 Amendment Number 108 To The South West Courtice Secondary Plan Purpose: To allow Medium Density Residential development (11 street townhouse units) Basis: This amendment is based on the applications by 2399263 Ontario Limited (Matanda Homes) for a draft plan of subdivision that includes 11 street townhouse units fronting onto Gord Vinson Drive in Courtice (COPA 2016-0002, S -C-2016-0002 and ZBA 2016-0013). Actual Amendment: The South West Courtice Secondary Plan Land Use Map (Map A) is hereby amended as shown on Exhibit "A" to this Amendment. 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. BLOOR ST. DRI EXHIBIT "A" TO AMENDMENT No. 108 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN mil ................. VVI Change From "Low Density Residential' To "Medium Density Residential' - - PLANNING AREA BOUNDARY FUTURE URBAN RESIDENTIAL LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL - NEIGHBOURHOOD PARK PARKETTE ENVIRONMENTAL PROTECTION AREA STORM WATER FACILITY ®PUBLIC SECONDARY SCHOOL PUBLIC ELEMENTARY SCHOOL ®SEPARATE ELEMENTARY SCHOOL NEIGHBOURHOOD CENTRE UTILITIES OH HERITAGE HOUSE ARTERIAL ROADS TYPE A ARTERIAL ROADS TYPE B ARTERIAL ROADS TYPE C --------- COLLECTOR ROADS ♦ LOCAL ROAD ACCESS INTERSECTION IMPROVEMENT • ••• .•.. ••.* PEDESTRIAN AND BICYCLE ROUTES l.9� ZNO 0- 0/v -ON RA/L WA Y OO Ao, BASELINE ROAD r MAP A LAND USE SOUTH WEST COURTICE SECONDARY PLAN AUGUST. 2014 is Municipality of Clarington Attachment 2 to Report PSD -070-16 Corporation of the Municipality of Clarington By-law Number 2016 - being a By-law to adopt Amendment Number 108 to the Clarington Official Plan Whereas Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto (COPA 2016-0002); And Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the development a draft plan of subdivision in South West Courtice Secondary Plan area; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment Number 108 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect on the date of the passing hereof. By-law passed in open session this day of , 2016. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk W Municipality of Clarington CONDITIONS OF DRAFT APPROVAL File Number: S -C-2016-0002 Date: November 21, 2016 Part 1 - PLAN IDENTIFICATION Attachment 3 to Report PSD -070-16 The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C-2016-0002 prepared by KLM Planning Partners Inc. identified as project number P-2642, dated March 9, 2016, as redline revised, which illustrates a total of 19 residential dwelling units, including 8 single detached dwelling lots and 2 blocks for 11 street townhouse units. 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 httD://clarinaton.net/documents/Dlannina/subdivision-aareement-feb20l4.Ddf 2.2 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.3 (1) The Owner shall be 100% responsible for the cost of the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales 2.4 (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. Page 11 (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 2.5 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 — not applicable 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: Functional Servicing (1) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation Authority. Environmental Sustainability Plan (2) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan prepared by KLM Planning Partners Inc., dated June 2016, 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. Page 12 Soils Management Plan (3) Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. 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 Parkland 5.1 The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under section 51.1 of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents an equivalent of 1 ha per 300 dwelling units as 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-2016-0002. Existing Structures 5.2 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. Construction Traffic 5.3 Construction traffic for the subject development shall occur via Gord Vinson Avenue. No construction access, parking or storage will be permitted along Frank Wheeler Avenue. Part 6 — AGENCY CONDITIONS 6.1 Region of Durham (1) The Owner shall submit plans showing any proposed phasing to the Region for review and approval, if this subdivision is to be developed by more than one registration. (2) The Owner shall provide for the extension of such sanitary sewer and water Page 13 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. (3) 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. (4) 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. (5) The Owner shall submit a letter of clearance from the Ministry of Tourism, Culture and Sport for the Stage 1 and Stage 2 Archaeological Assessment prepared by York North Archaeological Services Inc. (dated May 25, 2016). (6) Prior to the finalization of this plan of subdivision, the Owner must provide a Regional Reliance Letter and Certificate of Insurance from GHD in accordance with the Region's Site Contamination Protocol. (7) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 6.2 Conservation Authority (1) Prior to any on-site grading or construction or 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 controlling and conveying stormwater flow from the site to an appropriate and acceptable location, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines.; (b) The intended means of providing water quality treatment for the site in accordance with provincial guidelines; and, Page 14 (c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works. (2) 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. (3) The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: (a) The Owner agrees to carry out the works referred to in Condition 1 and 2 to the satisfaction of the Central Lake Ontario Conservation Authority. (b) The Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. 6.3 Ministry of Culture, Tourism and Sport (1) 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 identified in the archaeological assessment prepared by York North Archaeological Services, and dated May 25, 2016 have been addressed through measures such as preservation, resource removal, licensing and resource conservation requirements. 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. Page 15 ac The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 6.5 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed 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. Page 16 91 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for all lots within the draft plan of subdivision: "Farm Operations —There are existing farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants." 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 Condition 6.1 has been satisfied; (b) the Central Lake Ontario Conservation Authority, how Condition 6.2 has been satisfied; (c) the Ministry of Tourism, Culture and Sport, how Condition 6.3 has been satisfied; and, (d) Canada Post how Condition 6.4 has been satisfied. Part 9 - NOTES TO DRAFT APPROVAL 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. Page 17 92 9.3 If final approval is not given to this plan within three (3) 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 23, 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) Ministry of Tourism, Culture and Sport, Ministry of Tourism Culture and Sport, Programs and Services Branch, Culture Division, 401 Bay Street, Suite 1700,Toronto, ON M7A OA7 (d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC Subdivision\S-C 2016\S -C-2016-0002 1445 Gord Vinson Ave\Draft Approved\Conditions of Draft Approval- Nov 1-16.docx Page 18 93 C) 0z¢ fir o I o °aZa C o • aaZ� O o%�gac JOy $ w E4 ' 3 O J rn EL w w w d F Q W `S g N� Zia U€ o oo O U o zOZ z €�€sorsa ��g cn a f~ I�LD• N Ld c o� 'hillA�� �B� z t i�d a aF 11 t cn � wo n�� n��s � Y �o e M mem U c' g z if/i�g a Y cnQ latiaWLLdY_�iJ cn _� a O _€� € N ,� V) os , o a f z O o (n U) W W = � 05 � z Ln O It tf) z 49'99 0 ca 0 Q Q r� Ii n, cr icc U U OZqQ O LL - 0 O c m Cn Q O cD o I w w O ' `' Q 2 � t� �VIIN--IUIS-38 JNII.SIX-1 w o 05 � Ln mNZ It 0 ca r^ Q r� Ii n, cr icc U OZqQ O W W W I m Cn Q O cD o I c, 7 t� a- M z 0p, t2 �� I ALN,00.60 m z = J 9i Y9 ItiGY.C{�.61Y (n<U7' n I LL- V) W� o m�0z z 0 LL- i CLQ CIL 0O J Q W Z — z RNU ONINNIJ Q 00 CD Elf Qzww 0 Q 0 IVILNJ JIS3p JiyjSIX� 05 Ln It r� u7 c, 7 m z = J 9i Y9 ItiGY.C{�.61Y (n<U7' n I LL- V) W� o m�0z z 0 LL- i CLQ CIL 0O J Q W Z — z RNU ONINNIJ Q 00 CD Elf Qzww 0 Q 0 IVILNJ JIS3p JiyjSIX� Municipality of Clarington Attachment 4 to Report PSD -070-16 Corporation of the Municipality of Clarington By-law Number 201 - 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 2016-0013; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to • "Holding - Urban Residential Type Two ((H)R2-65) Zone", and; • "Holding - Urban Residential Type Three ((H)R3-35) 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 , 2016 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 95 This is Schedule "A" to By-law 2016- , passed this day of , 2016 A.D. GORD VINSON AVENUE LU .i;, ti �'-•�':::;�if;. •"��;'• �Jr�s= :ail +;, ';',• �1,,, �'s�,t;,. ,.1�•: ��•I �i �,, � t,. l•11� i '.'•, ll'J r/ 1�-. syl' '•i�,l lel r•rt i', it.l" ,•1r��,• •, .'l i,.••.,llr r"I '. .i Z(tl • I,i- ,1"I ' i . '" '1, 1:'r , •��••�,•1�•�%��d �,�1r '� y_.•II� 7,,�i. rlClii �l•��'%i,'i�t'•y''� LLI1 V 11''x• ,, �"t, tr .•, i1X i1 ••J.,," �.l .�;f ,':Ir.li'I�:� :'', ''LL „1i 71 FRANK WHEELER AVENUE ® Zoning Change From "A" To "(H)R2-6511 N Zoning Change From "A" To "(H)R3-3511 Courtice • ZBA 2016.0013 • Schedule 4 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk W• Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: December 5, 2016 Report Number: File Number: PSD -071-16 PLN 34.5.2.64.1 Resolution: By-law Number: Report Subject: Camp 30/Boys Training School Memorandum of Understanding with Jury Lands Foundation Recommendations: 1. That Report PSD -071-16 be received; 2. That the Memorandum of Understanding between Jury Lands Foundation and the Municipality of Clarington be approved; 3. That the Mayor and Clerk be authorized to execute the Memorandum of Understanding on behalf of the Municipality of Clarington; and 4. That all interested parties listed in Report PSD -071-16 and any delegations be advised of Council's decision. 97 Municipality of Clarington Report PSD -071-16 Page 2 Report Overview In July 2016 Council approved an agreement with Kaitlin Group and Fandor Homes (owners) that will see the Municipality become the owner of a five ha parcel of the former campus of the Boys Training School and Camp 30 with five heritage buildings. The agreement binds the owners to the Special Policy Area F adopted in Official Plan Amendment 107. These policies indicate that the Municipality will work with the owners and Jury Lands Foundation to develop a community vision and Urban Design Plan to set out the parameters of the development, adaptive re -use of the heritage structures and integration of future land uses. The Jury Lands Foundation is an incorporated community-based not-for-profit organization that is seeking charitable status and has a mandate to rejuvenate the site. This report recommends a Memorandum of Understanding to be entered into to articulate the roles of the Jury Lands Foundation and Municipality and their working relationship. 1. Background Jury Lands Foundation (JLF) was formed after Camp 30/Boys Training School was designated a national historic site in April 2013. In September 2013, Council established a "recruitment committee" to determine the process for forming the foundation. In January 2014 an interim Foundation Board was established with Marilyn Morawetz as Chair and six board members. The JLF was officially incorporated on July 30, 2014 and governing by-laws were passed. The Foundation is seeking charitable status. The Board has established a strategic plan, financial policies and is applying for a Canada 150 grant to provide interpretation of the site. The JLF participated in a one -day workshop with the owners and Municipality led by the National Trust in February of 2015. In the fall of 2015 JLF was responsible for the development of the walking trail between Sprucewood and the campus lands. The trail materials and labour were donated by a number of companies and officially opened in May 2016. JLF has been providing presentations, tours and other educational activities The recently approved Official Plan Amendment 107 indicated: The Municipality will work with the owners of the site and adjacent lands, the Jury Lands Foundation, other levels of government and interested parties to: a) develop a community vision and Urban Design Plan, for the long term use of the lands that includes the natural and built heritage resources, integrates future land uses in an appropriate manner and respects the nationally designated cultural landscape; b) implement this community vision for the long term use of the lands by establishing different mechanisms including designation as a community improvement area and heritage designations under Part IV (individual) or Part V(district) of the Ontario Heritage Act; and . • Municipality of Clarington Report PSD -071-16 Page 3 c) prepare architectural control guidelines to ensure that development applications within this Special Study Area will be designed to implement this community vision and Urban Design Plan for the development of these lands. The Memorandum of Understanding (MOU) (Attachment 1) between the Municipality and JLF is similar to the Valleys 2000 MOU. It articulates the partnership and each party's responsibilities including liability, safety, fund raising, public relations, municipal maintenance of the lands and building exteriors. The JLF would like to enter into the MOU as it sets out its role with regard to the different aspects of the campus lands and buildings. It is envisioned that the JLF will work with the Municipality to assist with the development of the community vision and Urban Design Plan that will ultimately lead to the rejuvenation of the site. The Planning Services Department has drafted a terms of reference to retain a consultant to assist with the development of the community vision and Urban Design Plan and architectural control guidelines as outlined in the Official Plan. The terms of reference have been issued by the Purchasing Branch and proposals were received on November 17th. It is anticipated that the Steering Committee and Purchasing Manager will have completed the review, reference check and be recommending award of the contract at the December 12th Council meeting. There are funds to retain the consultant in the Planning Services 2016 consulting budget. 2. Concurrence The Memorandum of Understanding has been drafted by the Municipal Solicitor in consultation with the JLF. The JLF reviewed the most recent draft at their meeting of November 17th and recommended minor modifications that have been included in the final draft. This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 3. Conclusion The rejuvenation of the Camp 30/Boys Training School is an exciting opportunity for the Municipality of Clarington. The rejuvenation of the buildings and development of the campus as a park is a long-term, multi -facetted project that will require community support and involvement, work with other levels of government and development of relationships with the future stewards of the various buildings on the site. The JLF has been intimately involved in helping to foster these relationships and wishes to work with the Municipality to bring this project to fruition. Entering into a Memorandum of Understanding will assist the JLF in articulating its relationship to the lands and buildings when approaching funding bodies and applying for grants. It will also assist any groups wishing to be involved in rejuvenating a building to understand the relationship between the JLF and Municipality. The Municipality will benefit by knowing that the Jury Lands Foundation is committed to assisting with the long-term revitalization and re -use of the buildings and how they can be integrated into the park that is to be developed. . T . Municipality of Clarington Report PSD -071-16 4. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 1*4z- Submitted by: 4 Reviewed by: David J. Crome, MCIP, RPP Director of Planning Services Page 4 Curry Clifford, MPA, CMO Interim Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid(a)_clarington.net Attachments: Attachment 1 — Memorandum of Understanding List of interested parties to be notified of Council's decision: Enzo Bertucci, Kaitlin Group Marilyn Morawetz, Jury Lands Foundation DJC/FL/df;tg 100 Municipality of Clarington MEMORANDUM OF UNDERSTANDING This Agreement is dated as of January 1, 2017 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") and JURY LANDS FOUNDATION (the "Foundation") RECITALS: Attachment 1 to Report PSD -071-16 A. The Foundation was incorporated on July 30, 2014 under the Canada Not-for- profit Corporations Act for the purpose of "rejuvenating a Canadian historic and architecturally significant site in Clarington, Ontario with international, national, and local significance for re -use for those same audiences even as it recognizes the place's one-time distinction of managing both Camp 30 Prisoners of War and troubled youth while harmoniously integrating with its host community of Bowmanville." B. The site, which is approximately 5 ha (12.3 ac) in size, is located at the northwest corner of Concession Street East and Lambs Road in Bowmanville on property currently owned by Lambs Road School Property Ltd. that is municipally known as 2020 Lambs Road and legally described as Part of Lot 7, Concession 2, former Township of Darlington, now in the Municipality of Clarington, Regional Municipality of Durham. It is shown as the Jury Lands on Schedule "A" to this Agreement. C. The Municipality has entered into an Option Agreement with Lambs Road School Property Ltd. pursuant to which the Jury Lands will be transferred to the Municipality following the occurrence of specified events and the completion of specified work. D. The Foundation wishes to work with the Municipality, residents, community organizations and all interested stakeholders to further its stated purposes by undertaking the activities described in this Agreement in relation to the Jury Lands including the re -use and repurposing of the existing buildings on the Jury Lands. E. The Council of the Municipality strongly endorses the Foundation and its stated purposes. F. The Municipality and the Foundation wish to enter into this Agreement to set out their respective responsibilities in relation to the Jury Lands. 101 NOW THEREFORE the Municipality and the Foundation agree as follows: Definitions 1. In this Agreement, "Option Agreement" means the Option to Purchase between the Municipality, Lambs Road School Property Ltd. and Lambs Road Developments Ltd. dated June 16, 2016; "Council" means the Council of the Municipality; "Foundation" means the Jury Lands Foundation; "Jury Lands" means the property described in Recital B; "Municipality" means The Corporation of the Municipality of Clarington; and "Plan" means the community vision and Urban Design Plan for the Jury Lands described in Policy 16.7.2 a) of the Clarington Official Plan adopted by the Municipality on October 31, 2016. Responsibilities of the Municipality 2. The Municipality shall engage a consultant for the preparation of the Plan. The Municipality shall consult with the Foundation, residents, community organizations and all interested stakeholders during the preparation of the Plan. The Plan must be approved by Council. 3. The Municipality, either directly or by relying on the terms of the Option Agreement, shall, (a) be responsible for all costs associated with the transfers of land to the Foundation, including land appraisals, surveys, the preparation and registration of land transfers and environmental audits in relation to the Jury Lands; and (b) maintain and secure the grounds and all heritage buildings on the Jury Lands. 4. The Municipality, and in partnership with the Foundation when appropriate, shall apply for funding from provincial and federal programs which may be available to the Municipality in relation to the development of the Jury Lands. 5. When the Municipality obtains ownership of the Jury Lands, the Foundation shall be granted permission to enter upon the Jury Lands to undertake such work and activities as it deems appropriate to fulfil the Foundation's responsibilities under this Agreement. Responsibilities of the Foundation 6. The Foundation shall educate the public through various means and identify ways to interpret the site's history. 102 7. The Foundation shall engage in the process of creating the Plan and shall act as a resource to the Municipality to ensure that the Plan highlights and respects the history and unique architecture of the Jury Lands. 8. The Foundation shall develop a strategic plan to engage local residents, citizens across Canada and senior levels of government to promote the unique history of the Jury Lands. 9. The Foundation shall pursue sources of funding to help promote its stated purposes and specifically to help fund projects identified in the Plan. 10. Except as specifically set out in this Agreement, the Foundation shall be responsible for the payment of its administrative expenses. 11. The Foundation shall organize, coordinate and supervise volunteer labour and shall ensure that all applicable safety standards are adhered to in relation to any projects relating to the Jury Lands. Project Management 12. A project management team shall be established which will include members from the Municipality's staff and members of the Foundation. The project team shall coordinate various projects and manage a work program to implement the Plan. 13. One of the main goals of the project team will be the re -use and repurposing of the existing buildings on the Jury Lands. 14. The project team shall report to the Foundation and to Council. 15. If the Foundation receives funds for a specified project in relation to the Jury Lands, the Municipality shall coordinate, design, tender and supervise any work undertaken in relation to such project. 16. This Agreement may be amended to reflect the specific works that the project team will engage in to reach the vision and goals of the approved Plan. Financial Records 17. The Foundation shall maintain administrative financial records in accordance with good accounting principles and shall make all such records available to the Municipality upon request. Funds acquired for the development of the Jury Lands whether acquired solely or in partnership with the Municipality will be administered by the Municipality. 18. No later than March 31st each year, the Foundation shall file with the Municipality's Treasurer a report from its Treasurer for all expenditures, receipts and their financial status. Council may request an auditor's report at any point in time to be paid for by the Municipality and in such a case, the Foundation shall provide the auditor with immediate access to all records and persons he/she requires to prepare the report. 103 Insurance and Indemnity 19. The Foundation shall obtain comprehensive general liability insurance satisfactory to the Municipality's Treasurer, in the amount of Five Million Dollars ($5,000,000.00), naming the Municipality as additional insured. A copy of the insurance certificate shall be filed with the Municipality. The Municipality shall reimburse the Foundation for the premiums paid for such insurance. Term 20. The term of this Agreement shall commence on January 1, 2017 and shall continue until terminated by either party upon 12 months notice to the other. Further Assurances 21. Each party agrees with the other that it shall execute and deliver, at the request of the other party, all such further documents, agreements and instruments, and will do and perform all such acts as may be necessary to give full effect to the intent and meaning of this Agreement. Notice 22. Any notice which may be or is required to be given under this Agreement shall be in writing and shall be mailed by first class prepaid post, sent by e-mail or delivered: To the Municipality: Municipality of Ciarington 40 Temperance Street Bowmanville, ON L1 C 3A6 Attention: Municipal Clerk Email: clerks(a-_)clarington.net With a copy to the Director of Planning Services Email: planning(a�clarington.net TO the Foundation: Jury Lands Foundation 62 Temperance Street Bowmanville ON L1 C 3A8 Attention: Chair Email: info jurylandsfoundation.ca or such other address or number of which one party has notified the others. Any such notice shall be effective from the date that it is so transmitted, mailed, emailed or delivered. Governing Law 23. This Agreement shall be governed by, and be construed and interpreted in accordance with, the laws of Ontario and the laws of Canada applicable in Ontario. 104 Successors and Assigns 24. This Agreement shall extend, be binding upon and enure to the benefit of the parties, their respective successors and permitted assigns. Covenants 25. Each obligation in this Agreement, even though not expressed as a covenant, is considered for all purposes to be a covenant. Each covenant is a separate and independent covenant and a breach of covenant by any party shall not relieve the other parties from their obligations to perform each of their covenants, except as otherwise provided in this Agreement. Severability 26. The invalidity or unenforceability of any provision in this Agreement shall affect the validity or enforceability of such provision only and any such invalid provision shall be deemed to be severable from the balance of this Agreement. Amendment 27. No supplement, modification, amendment or waiver of this Agreement shall be binding unless executed in writing by both parties. Entire Agreement 28. This Agreement constitutes the entire agreement between the parties relating to the JFL Lands and supersedes any and all promises, representations, or other statements whether oral or written made by or on behalf of either party to the other of any nature whatsoever. WITNESS WHEREOF the parties have executed this Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Adrian Foster, Mayor Anne Greentree, Municipal Clerk JURY LANDS FOUNDATION Marilyn Morawetz, Chair Steve Coles, Director 105 Clarftwn 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: December 5, 2016 Report Number: PSD -072-16 Resolution Number: File Number: ZBA 2016-0019 By-law Number: Report Subject: Recommendation Report for the Municipally -Initiated Zoning By-law Amendment for properties in a portion of the Glenview Neighbourhood in Courtice Recommendations: That Report PSD -072-16 be received; 2. That the Zoning By-law Amendment be approved as contained in Attachment 1 to Report PSD -072-16; 3. That a By -Law to repeal Interim Control By -Law 2016-056 be forwarded to Council for adoption once the Zoning By -Law as contained in Attachment 1 to Report PSD -072-16 is in full force and effect; 4. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -072-16 and Council's decision; and 5. That all interested parties listed in Report PSD -072-16 and any delegations be advised of Council's decision. 106 Municipality of Clarington Report PSD -072-16 Report Overview Page 2 The Public Meeting for the proposed Zoning By-law amendment for a portion of the Glenview neighbourhood was held November 14, 2016. A number of individuals spoke at the meeting, following which Committee directed staff to consider the public submissions received and directed that the recommendation report be brought forward at the December 5, 2016 Planning and Development Committee meeting. 1. Background At the direction of Council, staff prepared a draft Zoning By-law for the portion of the Glenview Neighbourhood. The draft by-law was considered at the Public Meeting on November 14, 2016 where staff and Committee heard 13 oral submissions from residents and property owners. Committee directed staff to consider the submissions received and to prepare a recommendation report for the December 5, 2016 Planning and Development Committee meeting. 2. Public Submissions 2.1 The submissions received at the Public Meeting can be summarized as follows: • Reduced lot coverage will lead to more two storey homes; • Proposed zoning changes will reduce property values; • Exemptions wanted for some lots; • Zoning change for the area is overdue; • Conscious decision to live in the area for the existing character; • 8 metre height may still be too tall; • Expedite this process so everyone can move on; • Residents' concerns have finally been heard after years of trying; • Some Bungaloft designs are not in character with the area; • Change is about protecting character — not money; • There should be no special exemptions — defeats purpose; • Official Plan is supportive of changes to protect character; • Changes represent good compromise for all concerned; and • New homes must be made to fit the new regulations. 2.2 Overall, stakeholders have generally supported the proposed changes in the by-law. It was acknowledged by several individuals at the public meeting that while the proposed by-law is not exactly as they would write it for themselves, they are satisfied that it is a step in the direction of protecting the neighbourhood character that is important to them. To maintain the integrity and purpose of the recommended by-law, they do not want to see special exceptions made for certain lots. 107 Municipality of Clarington Report PSD -072-16 Page 3 2.3 Staff have reviewed the recommended maximum dwelling height of 8 metres based on comments received. Concerns were expressed that it was either too tall or not tall enough. Upon further reviewing the calculations made previously, Staff have concluded that the recommended 8 metre maximum height is a fair compromise between those who may want to build a moderate two storey home and those who are concerned over the possibility of a new house being constructed next to them that would tower over the other homes in the area. 2.4 Holland Homes, who is the owner of a number of recently created lots in the area, expressed concerns that the proposed By-law is too restrictive for them to build what they had intended on two of their lots in the subject area. Staff have met with representatives from Holland Homes since the Public Meeting to discuss their concerns. On their lot located at 44 Westmore Street, it was determined that they could construct a two storey home that they would typically build on a smaller lot, provided they reduce the roof pitch. This solution would fit the recommended changes to the By-law without the need for a special exemption and adequately satisfied their concerns with that lot. 2.5 On Holland Homes lot at 4 Lynwood Avenue, the proposed increases in the minimum required yard setbacks made for a building envelope that would only permit a lot coverage of 26.25% for the dwelling when the proposed maximum lot coverage is 30%. To help rectify this issue, staff are proposing a stepped setback for the exterior side yard as shown in Figure 1. This has the effect of increasing the size of the corner lot building envelope towards the 30% maximum while maintaining the intent of the increased exterior side yard setback where the corner lot dwelling gets closer to the existing neighbouring property. Figure 2 shows the view from the intersection of Lynwood Avenue and Westmore Street where the house to the rear at 8 Lynwood Avenue is clearly visible. Figure 1: Corner lot stepped exterior side yard setback Municipality of Clarington Report PSD -072-16 Page 4 Figure 2: Possible view from intersection of Lynwood Avenue and Westmore Street 3. Recommended Zoning By -Law Changes 3.1 The four key principles established during the public process have guided the recommended zoning changes: • Be consistent with applicable Provincial policy direction, the Regional Official Plan and current and Council Adopted Clarington Official Plan policies; • Take into consideration all stakeholder comments; • Find a balance between the various interests that have been expressed in the matter; and • Respect existing building rights where lots have been created but are not yet built on. 3.2 The recommended By-law is more restrictive than the current R1 zone in terms of permitted housing types and regulations. It restricts permitted uses to the housing characteristics of each part of the study area. For most of the area, only single detached dwellings would be permitted. For five large lots on Nash Road, only semi-detached dwellings would be permitted. 3.3 The proposed R1-32 zone proposes to reduce the maximum dwelling lot coverage from 40% in the current R1 zone provisions to 30%, while increasing setback requirements for all yards (see Figure 3). Staff believe that these provisions provide a reasonable building envelope on lots that have been created but are not yet built upon, as well as potential future lots, while trying to better match the character of the existing area. In addition the maximum height of a dwelling is being reduced from 10.5 metres to 8 metres. While this will still permit a two-storey house to be built, the roof pitch would have to be reduced from that typically built in subdivisions today in order to comply with the new maximum height (see Figure 4). 109 Municipality of Clarington Report PSD -072-16 Figure 3: Zone Regulation Comparison (interior lot) Lot Area (min) = 460m2 Lot Coverage (max) = 40% Landscaped Open Space (min) = 30% Building Height (max) = 10.5m S T R E E T 15m E 1.2m 1.2m 1 1 1 i 1 1 1 1 1 1 R1 Zone Minimum i 1 1 1 1 1 1 E co to 0 M Page 5 Lot Area (min) = 560m2 Lot Coverage (max) = 30% Landscaped Open Space (min) = 40% Building Height (max) = 8m S T R E E T 16m E Do 1.5m 1.5m 110 1 1 1 1 1 1 1 1 168m2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 R1-32 Zone Minimum N. E 0 co Municipality of Clarington Report PSD -072-16 Figure 4: Dwelling Height Comparison Measured height 8 metres Measured height 4.2 metres Page 6 3.4 The regulations that affect the building envelope footprint on corner lots in the R1-32 zone have been adjusted since the Public Meeting to address technical concerns expressed by Holland Homes while still balancing character issues identified by other residents of the area. 3.5 All of the recommended regulations are designed to work on both corner lots and interior lots of varying depths and to keep much of the existing character while still allowing for some redevelopment and infilling. All comments received through the public process have been considered in writing the recommended Zoning By-law. 3.6 The issue of an increased lot coverage for singles verse two storey dwellings was raised at the public meeting and reviewed in more detail. It was determined that the majority of future severances would create lots that are larger than the zone minimums. As lot coverage is a percentage of the lot area, the larger the lot, the larger the dwelling. The 168 m2 foot print for a bunglow still provides a 1808 square foot building envelope which is not out of character for this area. This was also reviewed with Holland Homes' representatives who are satisfied with the provision. 4. Agency Comments Region of Durham Planning and Economic Development Department has advised they have no concerns with the proposed amendment. 111 Municipality of Clarington Report PSD -072-16 5. Departmental Comments Page 7 The Engineering Services Department has reviewed the By-law and has no comments or concerns. Clarington Engineering comments on all consent applications and requires the implementation of standard conditions of approval as required. 6. Concurrence Not applicable. 7. Conclusion In consideration of the public submissions received and the analysis completed by Staff, it is respectfully recommended that the attached Zoning By-law be passed. 8. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Staff Contact: Mitch Morawetz, Planner, 905-623-3379 ext. 2411 or mmorawetz(a-clarington.net Attachments: Attachment 1 — Zoning By-law List of interested parties to be notified of Council's decision is on file in the Planning Services Department. CP/MM/df;tg IAIDepartment\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0019 Glenview Area\Staff Report\PSD-072-16.docx 112 Municipality of Clarington Attachment 1 to Report PSD -072-16 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 2016-0019; and 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 thereto, the following new Special Exception Zone 12.4.32 as follows: 12.4.32 Urban Residential Exception (R1-32) Zone Notwithstanding the provisions of Section 12.1 and 12.2, those lands zoned R1-32 on the Schedules to this By-law shall only be used for a single detached dwelling and a home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items and shall be subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) i) Interior ii) Exterior c. Yard Requirements (minimum) i) Front Yard ii) Interior Side Yard 113 560 square metres 16 metres 20 metres 8 metres to private garage; 8 metres to dwelling With attached private garage or carport 1.5 metres; Without attached garage 1.5 metres on one side and 4.5 metres on the other iii) Exterior Side Yard iv) Rear Yard d. Lot Coverage (maximum) i) Dwelling ii) Total of all buildings and structures e. Dwelling Unit Area (minimum) f. Landscaped Open Space (minimum) g. Building Height (maximum) 6 metres to exterior side wall of dwelling to a maximum of 50% of the dwelling depth measured from the front wall, 8 metres to the remainder of the exterior side wall 8 metres 30 percent 40 percent 100 square metres 40 percent 8 metres h. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres i. Garage Requirements i) Garage doors shall not be located any closer to the street line than the front wall or exterior side wall of the dwelling. ii) Outside width of garage (maximum) 6.5 metres" 2. Section 12.4 "Special Exceptions — Urban Residential Type One (R1) Zone" is hereby amended by adding thereto, the following new Special Exception Zone 12.4.33: 12.4.33 Urban Residential Exception (R1-33) Zone Notwithstanding the provisions of Section 12.1 and 12.2, those lands zoned R1-33 on the Schedules to this By-law shall only be used for a semi-detached dwelling and a home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items and shall be subject to the following zone regulations: a. Lot Area (minimum) b. Lot Frontage (minimum) 114 720 square metres 18 metres c. Lot Coverage (maximum) i) Dwelling ii) Total of all buildings and structures d. Rear Yard (minimum) e. Dwelling Unit Area (minimum) f. Building Height (maximum) g. Height of floor deck of unenclosed porch above finished grade (maximum) 30 percent 40 percent 12 metres 100 square metres 8 metres 1.0 metres h. Garage Requirements i) All garage doors shall not be located any closer to the street line than the front wall of the dwelling. Single detached dwellings existing as of June 13, 2016, can be altered or enlarged subject to the provisions of Section 12.2." 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) Zone" to "Urban Residential Type One Exception (R1-32) Zone"; "Urban Residential Type One (R1) Zone" to "Urban Residential Type One Exception (R1-33) Zone"; and "Urban Residential Type One (R1) Zone" to "Urban Residential Type One Exception (R1-44) Zone" as illustrated on the attached Schedule 'A' hereto. 4. Schedule 'A' attached hereto shall form part of this By-law. 5. 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 115 116 VIII =� 111 ■ � .��,_ •_III/ --�-1.� .111111111111111 IIIIINIIIIINO oa��� Nllllillllllilllllr mom �!% :■ P-Mlow-Roplo IIIIIIIIIIII 11 ■��� / . � 1 IIIIIIIIIIII � r% %rte//� j % • �_ _ � � � IIIIIIIIIIII''��!� " �� ■ •i •s •s � 4 ••,i•.•.1'•i i i 11 • ��iii�=����:��:�=����:�NIIIIIIIIIIiIII� 116 Agenda Addendum Items Pellarin Tarlo From: Ri$/T�• ,Callagher Bina• fhamharr. Mlrhalla To: 1QHN f(11ANC EI CY Ray Abraham; loch Ghtaiman; Taylor Srott, Anna Cc: RE: Request to defer Matanda Homes recommendation Subject: December -02-16 12:55:12 PM Date: Hi Billy, Thanks for your email. The Agenda for the December 5, 2016 Planning and Development Committee was published yesterday. Please refer to this link to view the December 5, 2016 — Planning & Development Agenda. By copy of this email, I am forwarding your request to the Clerks Department, who can refer your request to Planning Committee for their consideration at Monday evenings meeting under the communications portion of the agenda. Regards, Carlo Carlo Pellarin Manager of Development Review Planning Services Department Municipality of Clarington 40 Temperance St. Bowmanville, ON L1 C 3A6 905-623-3379 ext. 2408 11-800-563-1195 www.clarington.net From: Billy Tung [mailto:BTung@KLMPlanning.com] Sent: December -02-16 12:21 PM To: Taylor Scott, Anne <ATaylorScott@clarington.net>; Pellarin, Carlo <cpellarin@clarington.net> Cc: JOHN COLANGELO <colangelo780@rogers.com>; Ray Abraham <rayabraham0l@gmail.com>; Josh Shteiman <josh.shteiman@velvetmedia.ca> Subject: Request to defer Matanda Homes recommendation Importance: High Hi Anne and Carlo, Further to my voicemail to you this morning. On behalf of our client, we are formally requesting that their item be deferred to the January agenda so as to provide additional time for discussions with staff regarding the recommendations. Please confirm if staff would be supporting our requested deferral. We will also be making a request for delegation to speak to our request for deferral. Regards, Billy Tung BES, MCIP, RPP ASSOCIATE/SENIOR PLANNER KLM PLANNING PARTNERS INC. Planning I Design I Development 64 Jardin Drive, Unit 113 Concord, Ontario L4K 3P3 T 905.669.4055 (ext. 225) F 905.669.0097 E btung@klmplanning.com W www.klmplanning.com Clarftwn Corporate Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: December 5, 2016 Report Number: COD -024-16 Resolution: File Number: By-law Number: Report Subject: Jury Lands Community Vision and Urban Design Plan Recommendations: 1. That Report COD -024-16 be received; 2. That a contract for the preparation of a Jury Lands Community Vision and Urban Design Plan for the redevelopment of the Boys Training School/Camp 30 Campus be awarded subject to satisfactory reference check, to DTAH in the amount of $96,539.71 (net of HST Rebate); 3. That the funds required in the amount of $96,539.71 (net of HST Rebate) be drawn from Account # 100-50-130-00000-7160; and 4. That all interested parties listed in Report COD -024-16 and any delegations be advised of Council's decision by the Purchasing Division. Municipality of Clarington Report COD -024-16 Report Overview Page 2 To request authorization from Council to award Request for Proposal RFP2016-10 for the preparation of a Community Vision and Urban Design plan for the redevelopment of the Boys Training School/Camp 30 Campus. 1. Background A Request for Proposal (RFP) was drafted by the Planning Services Department and the Purchasing Services Division in consultation with the Engineering Department for the preparation of a Community Vision and Urban Design plan for the redevelopment of the Boys Training School/Camp 30 Campus. The overall goal of the community vision and urban design plan is to create a concept that will advance the development of the special study area (Attachment 1). The overall concept would respect the environment, heritage resources, be sustainable, buildable and provide a high quality of life in this unique historical place. RFP2016-10 was issued by the Purchasing Services Division and advertised electronically on the Municipality's website. The RFP was structured as a price -based two envelope system. Notification of the availability of the document was also posted on the Ontario Public Buyers Association's website. Nineteen (19) companies downloaded the document. 2. Comments As a requirement of the terms of reference, companies interested in submitting a proposal were required to attend a mandatory pre -submission meeting. The intent of the pre -submission meeting was for staff to give an overview of the procurement process and a short presentation on the history of Camp 30/Boys Training School. Proponents were given an opportunity to ask questions regarding the process, information included within the RFP document or any other information required to prepare a complete proposal. Nine (9) companies attended the mandatory information meeting. The RFP closed on Thursday, November 17, 2016. Three (3) submissions were received by the closing date and time. All three (3) submissions were deemed compliant. Each submission consisted of a comprehensive proposal addressing issues contained in the RFP document including but not limited to: • Proponent information • Project team • Project understanding and approach • Methodology of project deliverables Municipality of Clarington Report COD -024-16 Project schedule Accessibility Page 3 The submissions were reviewed and scored in accordance with the established criteria as outlined in the RFP by an evaluation team consisting of staff from the Planning Services Department, Engineering Department and the Purchasing Services Division Upon completion of the evaluation, the following two companies met the established threshold of 85% and moved on to the next stage: i.1r_I:i The Planning Partnership The evaluation committee agreed that no presentation was required to provide further clarification regarding the shortlisted proposals. The pricing envelopes of the two shortlisted companies were opened and verified and in keeping with the terms of the RFP the evaluation committee's recommendation is to award the contact to the proponent with the lowest overall cost — DTAH. Funds for this project will be drawn from funding allocated in the 2016 Budget. 3. Concurrence The report has been reviewed by David Crome, Director of Planning Services and Tony Cannella, Director of Engineering Services. 4. Conclusion It is respectfully recommended that DTAH being the bidder meeting our threshold and demonstrating the lowest overall cost be awarded the contract for the preparation of a Jury Lands Community Vision and Urban Design Plan for the redevelopment of the Boys Training School/Camp 30 Campus as per the terms and conditions of RFP2016-10. 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Municipality of Clarington Report COD -024-16 Page 4 Submitted by: Reviewed by: Marie Marano, H.B. Sc., CMO Curry Clifford, MPA, CMO Director of Planning Services Interim Chief Administrative Officer Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson .clarington.net Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid clarington.net Attachment 1 — Background on Community Vision, Urban Design Plan requirements MM/DF Municipality of Clarington Background on Community Vision, Urban Design Plan requirements Official Plan Amendment 107, Adopted November 1, 2016 Attachment 1 to Report COD -024-16 These policies were also included as part of the Municipal commitment in the Legal Agreement with the owners of the Lambs Road School Property ratified by Council on July 4, 2016 and CAO -001-16. 16.7 Special Policy Area F - Camp 30 16.7.1 Special Policy Area F is the site of the former Bowmanville Boys School and a World War II internment camp known as Camp 30. Approximately 10 hectares of this land and buildings have cultural heritage significance, including being designated by the National Historic Sites and Monument Board. 16.7.2 The Municipality will work with the owners of the site and adjacent lands, the Jury Lands Foundation, other levels of government and interested parties to: a) develop a community vision and Urban Design Plan, for the long term use of the lands that includes the natural and built heritage resources, integrates future land uses in an appropriate manner and respects the nationally designated cultural landscape; b) implement this community vision for the long term use of the lands by establishing different mechanisms including designation as a community improvement area and heritage designations under Part IV (individual) or Part V(district) of the Ontario Heritage Act; and c) prepare architectural control guidelines to ensure that development applications within this Special Policy Area will be designed to implement this community vision and Urban Design Plan for the development of these lands. 16.7.3 As part of the Urban Design Plan, a detailed Block Master Plan will be prepared for the lands designated by the National Historic Sites and Monuments Board. This Plan will: a) promote the adaptive reuse of the heritage structures and the integration of future land uses; b) ensure and promote public access to the heritage resources from surrounding neighbourhoods and the Soper Creek trail system; 16.7.4 To facilitate the adaptive reuse of the National Historic Sites and Monuments Board designated area, the Municipality will work with the owners, the Jury Lands Foundation, other levels of government and interested parties to: a) assist the Jury Lands Foundation in developing a strategic plan to implement the community vision; b) facilitate the transfer of key lands and buildings to the Jury Lands Foundation and/or the Municipality; Municipality of Clarington Attachment 1 to Report COD -024-16 c) encourage other levels of government to support the conservation of the heritage resources; and d) promote public awareness and appreciation of the area's heritage. 16.7.5 The residential portions of Special Policy Area F shall be developed as a historically - themed residential neighbourhood focused around a public park and the adaptive reuse of the buildings of primary historical significance in accordance with the community vision of the area. Presentations and Handouts Application By: Claret Investments Ltd. and 1361189 Ontario Ltd. An Application to amend the Zoning By-law to facilitate the creation of 15 Single Detached Lots on the east side of Harry Gay Drive in Courtice Public Meeting: December 5, 2016 Now 3LY I AtIE I Park I mSC-MOD-0001 I daffy Gay $d jed Lends Bos 1 Q2 dr 40M •2364 I- I■ 10 10 1 IMIa I I IIs W ■ e r14 1 r_ ■ r 4 - F7- Eausug Mau5ing BROOME Fa7ui$ Houwg F7 — Hancock Neighbourhood Design Plan 2013 Update J J , .. , � \ , ��. . �. . a , � /�� 3 ��. . � � ' . , z2 , � � � � � � �. ,� � - �� / j� �j§ . a �z.-\��� . �;�-�/)����z��T�\- ������ �,�� ���)y�� � _-�- � �/ �\��� �. � !� � ®K� �. � ,.�. � ®., �. » Vie/ .-.�2�_ �%�m � E�� ��,� � . � ���\� � �� -�. � �«: ��- �-� �;z �&&�� ^�����p—�.� � ���.&« .��p= . _ �� _ \:�-� © � . Other Comments • A neighbouring developer: payment for the internal road inside Block 102. •The owner/applicant has provided a letter acknowledging financial responsibility for the internal road inside Block 102. • A nearby resident: • preservation of the open space block • need to enhance open space block with a natural pond and some natural berming. .., ""or --' - - 6a of .-ffi 'a V1. 6!t Application By: Averton Homes (Bowmanville) Inc. Proposed Zoning By-law Amendment To Permit Increased Porch And Building Heights On Some Lots Draft Approved Plan Of Subdivision 18t-95030 West side of Mearns Avenue south of CPR Bowmanville File No.: ZBA 2016-0022 Public Meeting: Monday December 5, 2016 Property Location Background • 70 units with porch heights exceeding 1 metre • 11 units with building heights exceeding 11 metres • 1 bungaloft with building height exceeding 8.5 metres M increased Porch Heights (69) M Increased Building Heights (11) Increased Building Height For Bungalaft (1) M increased Porch and Building Height (1) Sidewalk Porch Heights • Majority of the porch heights range between 1 metre and 1.25 metres • Two instances porch heights exceed 2 metres. • Reduced building setbacks and increased porch heights create a disconnect between the street (public realm) and the dwelling (the private realm), and becomes overbearing for pedestrians. Building Heights • Measuring Building height: from the lowest grade to the mid point between eave and peak • 12 units exceed the maximum building height • Compatible building height and massing is important in creating an attractive street. • Extreme variations in building heights should be avoided. ` Bungaloft 8.5m to 8.75m 1Single ` Single 11.00M to 11.25nn (5) ��� ` ■Single 11 26 to 11 50m (5) 11.61 to 11.76m (0) Single 11.76 to 12.00M (1) Sidewalk � :111111►� � X111111; � - 111111111111 ./� I NO,: 11111111 ��111111�11 ����I1111�11����1 1111111111 - � ee�a�eeeeeeeeee�. . �. 11� �. ��90�01111111111 ; _11111 ... ®© .:..11 Illlillll �® �I111Ilil - ®11111111111111111 ► �® ����/®IIIIs11111111111 =11111 f 111111 Illlllfil M INN ���•� _ 111111111 Comments TW Of Lik 1C PORCH HEIGHT X -SE TT N WORST CASE SCENARIO LOT 38 (.T.-) �4 1 103,64 Comments BUILDING HEIGHT X -SECTION WORST CASE SCENARIO LOT 1 (N. T, .) MMYBUILDNG CMER] Thank you Application By: Excelsior Financial To permit a residential and commercial mixed use development 1405 Bloor Street, Courtice Public Meeting: Monday, December 5, 2016 Subject Site BLOOR STREET �y r # f 1 t mn :xF 01 1 uj Asia I GORD VINSON AVENUE I1 901 ~aa►.r iIFIN -; --i } . M10, Subject Site r a& BLOOR STREET Iop I r �i i r -s 4 � i. r Q�y LU .: ll I Ij GORD VINSON AVENUE or�kw im Type "A" Arterial Durham Regional Official Plan U Bloor Street �I Fsubject Site REGIONAL CORRIDOR LIVING FE .- r1 "Ir - !. S.. .'�a�' �`- r� rte- •l�i �4 r ijo Ir 7y— a ;C % 1� 11 ti•e1;� \► 44 Ike; t _ 1 — 'Moe � , r , I a. a � "'�' • -rte►_ �, Y r.y ��•-r -ter - - •��Y��•�-16 �� f IP O •'� " .r '"r y Clarington Official Plan As amended by Amendment 107 Bloor Street L� Subject Site FEJONL CORRIDOR URBAN RESIDENTIAL gton Utficial F 10=1 all NONEorn NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE 11 1 gto n Ott ended h NONE NONE NONE NONE ■ ■ ■ ■ NONE NONE ■ ■ ■ ■ NONE ■ ■ ■ ■ NONE 9 Arll NONE MEMO NONE NONE 0 ■ 0 0 :: Is Ii Subject site BLOOR STREET Two 6 -storey r residential buildings • 112 two-bedroom units 16 three-bedroom units 0 3,880 square metres a (41,750 square feet) of t commercial floor area 0 1P w - i4 , jr z .� Density _- .� 68 units / hectare y -ace Index Floor S - - Residential � p 1.05 - Commercial ~ 7 Proposed Develop NONE MEMO :::::: NONE NONE NONE ■ ■ ■ NONE NONE NONE NONE NONE NONE NONE MEMO :::::: NONE NONE ■ ■ ■ ■ :::::: Public Engagement DEVELOPMENT PROPOSAL Applicant Excelsior Financial Site Address 1405 Bi Street, Courtice (southeast corner or Bloor Street and Townline Road) u PROPOSAL: To construct two 6 -storey residential buildings each containing 64 units (128 units total). and To construct a 3,880 square metres (41,750 square feet) of commercial floor area. Including: a fuel bar, car wash, oil changer and a drive-thru restaurant. FILES: c Clarington Official Plan Amendment 2016- 0003, Zoning Bylaw Amendment 2016-0021, and Site Plan 2016-0028 Architectural rendering of preliminary buildingdesign - IBM 128 residential units ® (112 two-bedroom units and ® 16 three-bedroom units) Monday, December 5, 2016 7 p.m. Council Chambers (21d Floor) f_ 40 Temperance Street Contact the Planner Paul Wirch Planning Services Department Ill 905-623-3379 ext. 2418 A�' H + 6Storeys for Residential 1-2 Storeys for Commercial ® www.clarington.net Q pwirch@clarington.net square metres Cl j }� (41,7 (41,750 square feet) of V _11..�1J■/, 1 commercial floor area y lk 41 f *0 Topics to be Studied •Traffic volume and safety • Excessive noise •Light glare •Setback from the street •Setback from the neighbours _ .,, fir► � -:�. � - Subject Site '6LOOR STREET F-- • 0 O t +�r -` ' err► W 40 r t v .� i � y opoff "GORD VINSON AVENUE ' Comments on ZBA2016-0016 development by W. D. Manson, Dec. 5th, 2016 Under Manson's management 100 of ha of forest and wetlands were cleared prior to the OPA Amendment in the middle of Hancock Neighbourhood, Special Study area and Westmore. / 1. Within a few years after clearing, my oldest trees died and small marsh I/ dried up on my property. l j 2. In 2007/8 after drainage of the whole Neighbourhood my and other people's wells on Hancock Rd. either dried up or the water table level was very low that they could hardly use the only supply available to us. 3. Region provided Contingency Plan to us as it was approved by the OMB / hearing Decision that was subject to Clarington Conditions for the subdivision in 2010. Our wells revived after heavy rains but never to the point of sufficient water supply ever since that time. Additional water sources had to be used since then. / 4. All very special plants that survive only on the high water table level disappeared from my wetland and meadow. 5. This year my well and other people's wells on Hancock Rd. dried up and have not revived since. The cause of the dryness is not climate change, but the drainage of lands under Manson's management upgradient and downgradient from us. No Contingency Plan which was, Condition 41 of the OMB was offered to us by him and nor was well restoration or connection to the watermain and work on our properties which should be paid by him not paid by him. This is in contradiction of the OMB Decision, PL970051. Our Municipality didn't even have copy of it. Very bad decisions were approved by the OMB during this hearing where developer, supported by our Town, achieved no setback from ESA; this was enforced by our Town. The other good decision — Condition 19 serving residents, protection of their drinking water is still not enforced. All my statements are well recorded in different documents. 6. Now, more drainage is suggested by the new application that is in front of you today. 7. There is an Open Space proposed right along the Provincially Significant Wetland east end. Please, make sure that this OS remains there. 8. My request to our Planning and Works Department is: Can some of the drainage be redirected toward this Open Space and some depressions be made for plants that were destroyed or removed from our watershed? Can trees be planted just along the edge to protect this wetland from light, air pollution and wind? The list of plants will be supplied to our town with the agreement of CLOCA. I discussed these issues with CLOCA last Wednesday and with our Planner. x�Can Municipality make sure that this time construction vehicles would use the Vi�ternal road Manson built and not Hancock Rd.? Our Road was resurfaced after obusive use of construction vehicles under Manson's management for decades now (ever since the clearing of the core of now provincially significant wetlands). Our windows and house shook when these vehicles passed by our houses on Hancock Rd. This improvement of Hancock should be paid for by Manson, per the same OMB Decision, Schedule L - external roads, but instead it was paid for by public funds. Can the fill- subsoil that is placed at this site — (top soil was trucked away and sold) be used (as per suggestion of Bousfield study) when houses are constructed instead of getting deeper into ground (as per Sernas study)? This way, the drainage could be easier redirected by proper grading towards the wetland. Lastly, before more groundwater will be directed to the SWM pond, can this pond be rehabilitated and the invasive species be removed before they will overtake the whole pond? All developers of this neighbourhood should be asked for financial contribution for this removal. I don't want to spend my time on any rehabilitation of areas impacted by development. Also, from now on, I let our Town to clean up our ditches, streams, woodlands and wetlands since I didn't get any appreciation from the Town for my and our groups hard work. Ask developers to clean up after themselves from time to time. Libby Racansky Attachments for Works Department and team working on water issues: The graphs of precipitation from 1976 to 2016 at the WPCP compared to regional hydrograph could give you proof of cause of the water table decline in our wells. The reduction of recharge to aquifer documentation Presentation to Clarington Council re: Proposed Amendment to the Official Plan and zoning bylaw at Bloor & Townline in Courtice Ann Mittag December 5, 2016 Mayor Foster, Members of Council and fellow Neighbours: My name is Ann Mittag. My husband, Roger and I, moved to 41 Turnberry Crescent in September of 1988. We are proud to live in Courtice and have gladly made this our home for the past 28 years. We have raised our two sons here, built lasting friendships and involved ourselves with many local activities and events over the years. Our business is based out of Courtice and we support local businesses. When we purchased our house, the area of Bloor and Townline, and the farm land here was already zoned residential and we knew that eventually there would be homes built here. What we could not have anticipated was that this area could arbitrarily be rezoned and changes made to the Official plan to allow the current proposal from a developer. It doesn't seem fair really. How could we have known ... we would never have purchased if we had known that potentially 2 6 story buildings and a busy commercial area would be built in our back yard. We do hope that Clarington continues to grow and become successful but development needs to occur in the proper area respecting the character of the surrounding community. We are not opposed to growth but we believe that this particular proposal is just being planned for the wrong area of Courtice without the consideration of the impact on the community. It would be in the best interest of the neighbourhood to retain the medium density residential only in the area of Townline and Bloor due to the following points: Zoning (for neighbours who may not be aware) A few years ago, this plot of land was zoned Type 1 Residential which allows for single and semi- detached dwellings. Now the toning for this property calls for medium density residential.zened-fbr cle 1� (a lr u a l,,Cj, OrJAt' f town homes and low rise buildings. Currently The Municipality of Clarington is looking for our feedback on an application to amend the Official Plan and zoning bylaw, again, to allow a new commercial and residential development. The proposal by Excelsior does not meet the existing by-laws. Traffic Recent changes and the closure of the old Bloor St. and the addition of traffic lights at Bloor and Townline, has redirected the traffic and increased the flow to a point where we can no longer sit in our backyards and enjoy a conversation, due to the noise, volume and speed of the traffic. It is a straight run with no stop signs, so vehicles drive extremely quickly. When there is a closure on the 401 or additional traffic (aka summer) Bloor becomes the overflow road and the detour off the 401. This makes our back yard noisier than it already is. Quite often the traffic is non-stop, with noisy Tractor Trailers barreling along all day, not just at rush hour. This road has become a raceway where vehicles accelerate to make the light at Townline and Bloor. Quite often, traffic is backed up to our yard vying for access to the 401. Unfortunately the traffic study done by Excelsior was not done as efficiently as it should have been. They looked at 7-9 am on one Monday morning. This does not tell the true story. Courtice is a bedroom town and many, including my husband leave as early as 5 am. By starting a study at 7 am they would have already missed a couple of hours of the morning traffic. Any study should be done for longer periods of time (over a month, daily, from 5am-11pm) and all the way from the 401 to Prestonvale Rd. Currently, at the end of the day there is so much traffic exiting off the 401 at Harmony/Bloor that you could actually be stopped on the 401 as you try to get off this exit. Dangerous. This traffic could be backed up from Townline to the on-ramp, to the 401. Additionally it could be worse if there is a train crossing Bloor in Oshawa. The traffic is overwhelming as it stands and there will be more when the current subdivisions at Bloor and Townline and Bloor and Prestonvale are finished and those new residents move in. Putting a gas station here will ensure that every person who lives in Courtice owns a car and uses the 401 will use Bloor as their entrance /exit to the 401 thus rendering Courtice Road, a current regional corridor, useless. This area cannot handle the current traffic problems. We need to retain 2 access points for Courtice off the 401 to control all this traffic. A development of this type would be better suited to Courtice Road. It would be near the 401 for those wishing to fill up and get their Timmies. It would be close to the future 407 and the future GO train station. Not near neighbourhoods. Since Courtice Rd is already a regional corridor then these 6 storey buildings could already be built there without changing the zoning or impacting a neighbourhood. Bloor St is currently not a regional corridor and is not zoned for a 6 story building or commercial for that matter. We already have a regional corridor to Bowmanville... that is Hwy #2. Bloor St. and Hwy 2 cannot be compared due to the residential quiet nature of this Bloor St. neighbourhood. There are lots of homes, children, runners and cyclists. Hwy 2 is historically a regional corridor. Bloor St was created as a long "drag strip" if you will ... a few years ago. If Bloor's designation has to be changed than my suggestion would be to begin that designation of Regional Corridor at Prestonvale all the way to Bowmanville. This makes more sense. I read in the paper that the goal of Courtice and the new Community Improvement Plan is to bring more development and redevelopment to the stretch of Hwy2 between Townline and Courtice Rd. As I see it, this would be a perfect area for 6 story buildings ... on a better transit route, closer to shopping and restaurants. The gas station would be better suited to Courtice Rd, thus splitting the traffic between the 2 access points. The other problem is that Bloor St is in Clarington and also in Oshawa. If there ever was a widening of Bloor in Clarington to accommodate all this traffic, how could we be sure that Oshawa is prepared to widen Bloor from Townline to the 401 ... or is it even possible? One more thing about traffic... there is a sign on Bloor St. at Bruntsfield that states that the road is unassumed. Does this mean that this part of the road is still owned by the developer? Can a designation be changed on a road that is unassumed? Community and Environmental Needs It is important to add that a 6 story building in this part of Courtice would be invasive in many ways not to mention a loss of privacy. This building would be so close to my back yard that the lights from the building would be most certainly affect us. Furthermore, Excelsior has not provided any thoughts on sidewalks, green space, and parkland. In the plan, the buildings look like two big blocks. The light pollution from the gas station and commercial will be excessive. Consider the fact that a drive- thru restaurant and gas station will have lights blazing deep into the night. See attached photo. We also have environmental concerns. This is a residential area, not a commercial area. Therefore, the idea of having potential fuel, oil and gas leaks seeping into the surrounding grounds is disturbing to say the least. Also the noise pollution... due to additional traffic. More than we have already. Property Value If two 6 story buildings with all the extra lights and traffic were behind my yard and a gas station with all the lights and increased traffic being forced this way and a Timmies with all the traffic and lights were to actually be built here ... would this affect our property values ... be sure that it would. Education and schools The closest school (Macgillivray) has had to remove their Grade 7 and 8's due to overcrowding. There is no school to accommodate the additional families who are just about to move to this area, never mind an additional 128 units of families. I have no knowledge of more schools to be built. Finally We are respectfully asking Council to deny this application to amend the Official Plan and zoning bylaw to allow a new commercial and residential development at Bloor and Townline in Courtice. Let's build the homes here, in this area that is currently zoned as medium density. Let's put in that gas station on Courtice Road thus helping with the flow of traffic and not making it worse. In fact the entire Excelsior proposal would be well suited on Courtice Road. With a few more trees and greenspace maybe. The new Community Improvement Plan will be pushing developers to build additional housing units or more affordable units on Hwy 2. Perfect I say ... Let's build these residential buildings in the new "downtown" Courtice. Thank you. Ann and Roger Mittag 41 Turnberry Cres. Courtice, ON UE 1A3 mittag@sympatico.ca Ann cell 289-314-6812 Home 905-723-5803 Example of a 6-storey building Example of light pollution-10:30pm King St. & Darlington Blvd. Neighbouring Developments Traditions of Durham Retirement Residence, 1255 Bloor Street East C] Architecture i— Villas of McLaughlin Heights Stacked Townhouses 79 Unit Residential Condominium Currently Under Construction Occupancy 2017 49 Excelsior G R 0 U P /4 /1 [n] n Architecture Inc MIXED USE DEVELOPMENT BLOOR & TOWNLINE ROAD COURTICE, ON. 2ND DECEMBER 2016 NORTH SIDE VIEW [n] n Architecture Inc MIXED USE DEVELOPMENT BLOOR & TOWNLINE ROAD COURTICE, ON. 2ND DECEMBER 2016 NORTH-WEST CORNER VIEW R [n] n Architecture Inc MIXED USE DEVELOPMENT BLOOR & TOWNLINE ROAD COURTICE, ON. 2ND DECEMBER 2016 SOUTH SIDE VIEW [n] n Architecture Inc MIXED USE DEVELOPMENT BLOOR & TOWNLINE ROAD COURTICE, ON. 2ND DECEMBER 2016 WEST SIDE VIEW