Loading...
HomeMy WebLinkAbout01/09/2017Final lit Planning and Development Committee Agenda Date: January 9, 2017 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 Clarifl9t0II Planning and Development Committee Agenda Date: January 9, 2017 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 December 5 Minutes of a Regular Meeting of December 5, 2016 Page 5 Minutes 7 Public Meetings 7.1 Public Meeting Application for a Proposed Zoning By-law Amendment Page 16 Applicant: 2084165 Ontario Limited and Akero Developments Inc. Report: PSD -001-17 8 Delegations 8.1 Brenda Metcalf, Chair, Agricultural Advisory Committee of Clarington, Regarding an Annual Update 8.2 Robert Clark, Clark Consulting Services, Regarding Report PSD -007-17, An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property — 3582 Morgans Road, Clarke 8.3 Billy Tung, Associate/Senior Planner, KLM Planning Partners, Regarding Report PSD -070-16, 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 8.4 John Slemko Regarding Report PSD -070-16, 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 Page 2 Clarifl#OII Planning and Development Committee Agenda Date: January 9, 2017 Time: 7:00 PM Place: Council Chambers 8.5 Deborah Mathias Regarding Report PSD -007-17, An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property — 3582 Morgans Road, Clarke 8.6 Scott Waterhouse, Candevcon Limited, Regarding Report PSD -006-17, An Application by 2265719 Ontario Inc. to permit 70 single detached dwellings — 3425 Regional Road 57, Bowmanville 8.7 Annette Weykamp Regarding Report PSD -007-17, An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property — 3582 Morgans Road, Clarke 8.8 Ted Meszaros Regarding Report PSD -007-17, An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property — 3582 Morgans Road, Clarke 8.9 Rommel Mann Regarding Report PSD -007-17, An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property — 3582 Morgans Road, Clarke 9 Communications - Receive for Information There are no Communications to be received for information. 10 Communications — Direction 10.1 Extension for John A. Roznik — Request to Extend the Use of Temporary Page 18 Use of Living Quarters at 1093 Gifford Road, Clarke Temporary Living (Motion to approve the six month extension Quarters for the use of temporary living quarters at 1093 Gifford Road, subject to signing a further Letter of Undertaking) 10.2 Bill C-274 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Page 19 Brock — Request for Support of Bill C-274: Transfer of Small Business, Family Farm of Fishing Operation (Motion to refer to the Agricultural Advisory Committee) Page 5 ClarjU00II Planning and Development Committee Agenda Date: January 9, 2017 Time: 7:00 PM Place: Council Chambers 10.3 Edward & Edward & Diane Swynar — Regarding Report PSD -007-17, Diane Swynar An Application by Deborah and Oswin Mathias to Permit Corresponden Special Events, Farm Tours, Meat Processing and Sales ce on an Agricultural Property — 3582 Morgans Road, Clarke (Motion for Direction) 10.4 Letters of Jacqueline Mann,Senior Planner, Clark Consulting Support Services — Regarding the Application by Deborah and Oswin Mathias, Containing Letters of Support From: Granville Anderson, MPP — Durham, BACD, Central Counties Tourism, Durham Farm Fresh Marketing Association, Ontario Farm Fresh Marketing Association, Ambrose Price, Kim Rudd, MP — Northumberland - Peterborough South, List of 110 Businesses and 107 local residents who have provide letters of support. (Motion to advise of the actions taken by Council) 11 Presentations No Presentations 12 Planning Services Department Reports 12.1 PSD -001-17 An Application By 2084165 Ontario Limited and Akero Page 20 Development Inc. to Permit a Total of 6 Single Detached Lots on One Parcel of Land and 3 Single Detached Lots and One Block for a Medium Density Block on a Second Parcel of Land 3222 and 3350 Middle Road, Bowmanville 12.2 PSD -002-17 Environmental Stewardship, 2016 Annual Report Page 29 12.3 PSD -003-17 Heritage Incentive Grant, 2016 Annual Report Page 36 12.4 PSD -004-17 Community Improvement Annual Report for 2016 Page 39 Page 5 Clarifl#OII Planning and Development Committee Agenda Date: January 9, 2017 Time: 7:00 PM Place: Council Chambers 12.5 PSD -005-17 An Application by 1494339 Ontario Limited for Removal Page 47 of (H) Holding Symbol, 3440 Trulls Road, Courtice 12.6 PSD -006-17 An Application by 2265719 Ontario Inc. to permit 70 Page 53 single detached dwellings — 3425 Regional Road 57, Bowmanville 12.7 PSD -007-17 An Application by Deborah and Oswin Mathias to Permit Page 81 Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property — 3582 Morgans Road, Clarke 13 New Business — Consideration iiEmilli mT�'.1=3TMTITSW 14.1 PSD -064-16 Report PSD -064-16, Durham York Energy Centre Air Page 105 Monitoring — Options for Retaining an Air Quality Expert [Tabled from the November 14, 2016 Planning and Development Committee Meeting] 14.2 PSD -070-16 Report PSD -070-16, Applications by 2399263 Ontario Page 120 Limited (Matanda Homes) for a 21 -Unit Draft Plan of Subdivision on Gordon Vinson Avenue and Frank Wheeler Avenue in Courtice [Tabled from the December 5, 2016 Planning and Development Committee Meeting] 15 Confidential Reports No Reports 16 Adjournment Page 5 Clar*wn Planning and Development Committee Minutes December 5, 2016 Minutes of a meeting of the Planning and Development Committee held on Monday, December 5, 2016 at 7:00 PM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor C. Traill, Councillor W. Woo Regrets: Councillor W. Partner Staff Present: C. Clifford, D. Crome, J. Gallagher, M. Chambers, L Benson, C. Pellarin, F. Langmaid 1 Call to Order Councillor Woo called the meeting to order at 7:01 PM. 2 New Business — Introduction There were no new business items added to the Agenda. 3 Adopt the Agenda Resolution #PD -193-16 Moved by Mayor Foster, seconded by Councillor Cooke That the Agenda for the Planning and Development Committee meeting of December 5, 2016 be adopted as presented. Carried 4 Declarations of Interest There were no disclosures of pecuniary interest stated at this meeting. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #PD -194-16 Moved by Councillor Hooper, seconded by Councillor Traill That the minutes of the regular meeting of the Planning and Development Committee, held on November 14, 2016, be approved. Carried -1- 5 Clarbgtoa 7 Public Meetings Planning and Development Committee Minutes 7.1 Application for a Proposed Zoning By-law Amendment Applicant: WDM Consultants Report: PSD -066-16 December 5, 2016 Robert Russell, Planner, made a verbal and electronic presentation to the Committee regarding the application. Libby Racansky, local resident, spoke in opposition to the application. She stated the 100 hectares of forest and wetlands were cleared prior to the Official Plan Amendment in the Hancock Neighbourhood. Ms. Racansky explained that, as a result of this development, many of her mature trees died and the drainage resulted in many of the wells on Hancock Road to dry up and have a very low water table. She added that the Ontario Municipal Board decision provided a contingency plan subject to the subdivision conditions in 2010. Ms. Racansky explained that the wells in the area revive after heavy rain but never enough to provide a sufficient water supply and additional water sources have had to be used since that time. She added that this year her well and other wells on Hancock Road have dried up completely and have not revived since. Ms. Racansky believes that the cause of the wells drying up is not due to climate change but as a result of the drainage of the lands in this development surrounding the properties on Hancock Road. She stated that there was no contingency plan or well restoration offered to the residents and now there is more drainage in the area being proposed. Ms. Racansky asked for the open space along provincially significant wetlands to remain and asked for the drainage to be directed towards this open space. She continued by asking for depressions to be made for the plants and that trees be planted along the edge to protect the wetland from light and air pollution, as well as wind. Ms. Racansky requested that the construction vehicles use the internal roads and not Hancock Road. She added that they were greatly affected by the construction noise. Ms. Racansky asked for the drainage to be directed to the wetlands and that the invasive species be removed from the storm water management ponds before they over take the whole pond. She concluded by asking the municipality to clean up the ditches, streams, woodlands and wetlands. William Manson, Project Manager, WDM Consultants, spoke on behalf of the applicant. He advised the Committee that he has read the Report and has no comments. Mr. Manson offered to answer questions from the Committee. 7.2 Application for a Proposed Zoning By-law Amendment Applicant: Averton Homes (Bowmanville) Ltd. Report: PSD -067-16 Cynthia Strike, Principal Planner, made a verbal and electronic presentation to the Committee regarding the application. -2- A• Clar*wa Planning and Development Committee Minutes December 5, 2016 Mike Pettigrew, Planning Consultant, Biglieri Group, spoke on behalf of the applicant. He advised the Committee that they are working with Staff to resolve any issues and that they agree with the recommendations in the report. Mr. Pettigrew offered to answer questions from the Committee. 7.3 Application for a Proposed Zoning By-law Amendment Applicant: Excelsior Financial Report: PSD -068-16 Paul Wirch, Planner II, made a verbal and electronic presentation to the Committee regarding the application. Ann Mittag, local resident, spoke in opposition to the application. She added that she is a local business owner and provided background information on her home and family. Ms. Mittag stated that although she believes there needs to be development in Courtice, she feels that this development is not in an ideal location. She explained that the traffic in this area is already a major concern and that this development will make it worse. Ms. Mittag added that speeding and excessive noise from traffic is also a concern. She continued by noting that the traffic study conducted by Excelsior was not done for an appropriate length of time or at the appropriate times and does not provided an accurate result. Ms. Mittag advised the Committee that the Harmony Road/Bloor Street exit off Highway 401 is already extremely busy and dangerous and this development would make it even worse. She advised the Committee that this development would be better suited on Highway 2 or at Courtice Road and the Highway 401. Ms. Mittag continued by advising the Committee that she is also concerned with increased loss of privacy, increased light and noise pollution, and any potential oil of fuel leaks. She asked what the plans are for green space, sidewalks and parks in this area. Ms. Mittag added that there is an "unassumed road" sign at Bruntsfield Street and Courtice Road and asked if the zoning can be changed if the road is not yet assumed. She explained that she is concerned with the decrease in property values in the area and the overpopulation of the Dr. G. J. MacGillivray Public School. Ms. Mittag concluded by asking for this development to be relocated to Courtice Road and the Highway 401 or on Highway 2 in Courtice. Danielle Laperriere, local resident, spoke in opposition to the application. She advised the Committee that she agrees with the previous delegation. Ms. Laperriere explained to the Committee that many of the homes in this area have electric heat, no central air conditioning and need to have their windows opened. She added that they are concerned with the increased noise. Ms. Laperriere concluded by noting that she did not see the sign for the notice of the proposed development. Mark Morrisette, local resident, spoke in opposition to the application. He stated that he has lived in the area since 2004 and has seen the community grow. Mr. Morrisette explained that he is concerned with the increased traffic on Bloor Street and specifically with the congestion at the Harmony Road and Highway 401 interchange. He added that it takes approximately 15 to 20 minutes to get to the Highway 401 from his house at peak -3- Clar*wa Planning and Development Committee Minutes December 5, 2016 times. Mr. Morrisette asked Committee to consider the increased traffic prior to proceeding with this development. Gary Major, local resident, spoke in opposition to the application. Mr. Major agrees with the previous delegation. He added that the elementary school in the area already has significant traffic issues. Mr. Major noted that the westbound traffic on Bloor Street between 5:30 AM and 8:00 AM is a huge issue. He added that Courtice continues to grow and the traffic issues are not being addressed. Mr. Major concluded by stating that this development will only add to the existing traffic problems. David Kirchsteiger, local resident, spoke in opposition to the application. He advised the Committee that he agrees with the previous delegations. Mr. Kirchsteiger noted that he is concerned with the traffic and believes that when the Highway 407 tolls are implemented in 2017 this will added to the existing traffic. He concluded by adding that the distance between the two Highway 401 interchanges in Courtice is too lengthy and this adds to the issues. Dayna Graham, local resident, spoke in opposition to the application. Ms. Graham advised the Committee that she is concerned with the traffic in the area. She added that Bloor Street is heavily used by seniors, walkers and runners and the increased traffic could be dangerous. Marc Denardis, Gagnon Walker Domes Ltd., spoke on behalf of the applicant. He made a verbal presentation to accompany an electronic presentation. Mr. Denardis thanked Staff for the report. He advised the Committee that the zoning change will allow for a minimum of two storeys and a maximum of 12 storey building. Mr. Denardis explained that the density will be 68 units per hectare and the floor space index will be 1.04. He explained that there are currently stack townhomes being built next to the site. Mr. Denardis referred to a series of photos to illustrate the height and colours proposed development and explained that this will help frame Bloor Street and Townline Road. He added that there will be very little shadow impact. Mr. Denardis concluded by advising the Committee that they are still in the application processing stage, that this is good planning, and he is available to answer any questions. Alter the Agenda Resolution #PD -195-16 Moved by Councillor Neal seconded by Mayor Foster That the Agenda be altered to consider Report PSD -068-16, Application by 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. Carried M 93 Clar*wa Planning and Development Committee Minutes December 5, 2016 12.3 PSD -068-16 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 Resolution #PD -196-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD -068-16 be received; 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 That all interested parties listed in Report PSD -068-16 and any delegations be advised of Council's decision. Carried Recess Resolution #PD -197-16 Moved by Mayor Foster, seconded by Councillor Hooper That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:26 PM with Councillor Woo in the Chair. 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 Marilyn Morawetz, Chair, Jury Lands Foundation, was present regarding Report PSD -071-16, Camp 30/Boys Training School Memorandum of Understanding with the Jury Lands Foundation. She thanked the Committee and Staff and noted that they support the Memorandum of Understanding as it has been presented. Mr. Morawetz added that the Jury Lands Foundation is looking to working with the Municipality, residents, and stakeholders to rehabilitate this site. She added that this agreement will be a shared responsibility and outlined the expectations and roles for upcoming work on the site. Ms. Morawetz indicated that this process will allow for fundraising initiatives, and for the Jury Lands Foundations to educate the public and work with designers to ensure the heritage of the property is maintained. She adding that they are committed to organizing volunteer labour and that all safety requirements are adhered to. Ms. -5- E Clar*wa Planning and Development Committee Minutes December 5, 2016 Morawetz concluded by noting that they are looking forward to this project and offered to answer any questions from the Committee. 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 April Gross was present 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. She thanked the Committee for considering the residents' comments and noted that she supports the recommendations contained in the Staff Report. Ms. Gross added that one outstanding concern is the issue of traffic on Westmore Street due to the development and asked for the parking to only be allowed on one side of the street. 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 Billy Tung, Associate/Senior Planner, KLM Planning Partners, was present regarding Communication Item 10. 1, a Request to Postpone the Consideration of Report PSD -070-16 until January, 2017. He thanked staff and requested for this Report to be deferred to January, 2017 to allow more time for discussions with Staff. 9 Communications - Receive for Information There were no Communications to be received for information. 10 Communications — Direction 10.1 Billy Tung, Associate/Senior Planner, KLM Planning Partners — Regarding a Request to Postpone the Consideration of Report PSD -070-16 until January, 2017 Resolution #PD -198-16 Moved by Councillor Cooke, seconded by Mayor Foster That Report PSD -070-16, 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 be tabled to the Planning and Development Committee meeting of January 9, 2017. Carried 11 Presentations No Presentations 10 Clarbgtoa Planning and Development Committee Minutes December 5, 2016 12 Planning Services Department Reports 12.1 PSD -066-16 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 Resolution #PD -199-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD -066-16 be received; That the proposed application for Rezoning ZBA2016-0016 continue to be processed including the preparation of a subsequent report; That staff consider the public comments received in the further processing of the Zoning By-law Amendment application submitted by WDM Consultants to facilitate the creation of 15 single detached lots; and That all interested parties listed in Report PSD -066-16 and any delegations be advised of Council's decision. Carried 12.2 PSD -067-16 Application by Averton Homes (Bowmanville) Limited to Permit Increase Porch and Building Heights on Some but Not All Lots in Draft Approved Plan of Subdivision 18T-95030, Mearns Avenue in Bowmanville Resolution #PD -200-16 Moved by Councillor Traill, seconded by Councillor Hooper That Report PSD -067-16 be received; 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 That all interested parties listed in Report PSD -067-16 and any delegations be advised of Council's decision. Carried Clar*wa Planning and Development Committee Minutes December 5, 2016 12.3 PSD -068-16 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 Report PSD -068-16, 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 was considered earlier in the meeting during the delegation portion of the agenda. 12.4 PSD -069-16 By-law Regulations for Dog/Pet Home Cares Resolution #PD -201-16 Moved by Mayor Foster, seconded by Councillor Cooke That Report PSD -069-16 be received; and That all interested parties listed in Report PSD -069-16 and any delegations be advised of Council's decision. Carried 12.5 PSD -070-16 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 Report PSD -070-16, 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 was considered earlier in the meeting during the Communication — Direction portion of the agenda. 12.6 PSD -071-16 Camp 30/Boys Training School Memorandum of Understanding with Jury Lands Foundation Resolution #PD -202-16 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD -071-16 be received; That the Memorandum of Understanding between Jury Lands Foundation and the Municipality of Clarington be approved; That the Mayor and Clerk be authorized to execute the Memorandum of Understanding on behalf of the Municipality of Clarington; and That all interested parties listed in Report PSD -071-16 and any delegations be advised of Council's decision. Carried 12 Clar*wa Planning and Development Committee Minutes December 5, 2016 12.7 PSD -072-16 Recommendation Report for the Municipally -Initiated Zoning By-law Amendment for properties in a portion of the Glenview Neighbourhood in Courtice Resolution #PD -203-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD -072-16 be received; That the Zoning By-law Amendment be approved as contained in Attachment 1 to Report PSD -072-16; 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; 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 That all interested parties listed in Report PSD -072-16 and any delegations be advised of Council's decision. Carried Later in the meeting (See following motions) Resolution #PD -204-16 Moved by Councillor Neal, seconded by Councillor Cooke That the foregoing Resolution #PD -203-16 be amended by amending the draft By-law by deleting Section 1. c. iii), regarding the exterior side yard. Motion Lost Recess Resolution #PD -205-16 Moved by Councillor Neal, seconded by Councillor Cooke That the Committee recess for five minutes. Carried The meeting reconvened at 10:14 PM with Councillor Woo in the Chair. The foregoing Resolution #PD -203-16 was then put to a vote and carried. 13 Clar*wa 13 Corporate Services Department Planning and Development Committee Minutes December 5, 2016 13.1 COD -024-16 Jury Lands Community Vision and Urban Design Plan Resolution #PD -206-16 Moved by Councillor Traill, seconded by Councillor Hooper That Report COD -024-16 be received; 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); 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 That all interested parties listed in Report COD -024-16 and any delegations be advised of Council's decision by the Purchasing Division. Carried 14 New Business — Consideration Suspend the Rules Resolution #PD -207-16 Moved by Councillor Neal, seconded by Councillor Cooke That the Rules of Procedure be suspended. Carried 14.1 Municipal Hazardous Waste Depot Resolution #PD -208-16 Moved by Councillor Neal, seconded by Councillor Cooke That the Regional Municipality of Durham be advised that the Municipality of Clarington is expecting a second entrance off of Stevens Road for the Municipal Hazardous Waste Depot, at the time of opening. Carried 15 Unfinished Business There were no Unfinished Business Items to be considered under this Section of the Agenda. -10- 14 Clar*wa Planning and Development Committee Minutes December 5, 2016 16 Confidential Reports There were no Confidential Reports to be considered under this Section of the Agenda. 17 Adjournment Resolution #PD -209-16 Moved by Councillor Traill, seconded by Councillor Cooke That the meeting adjourn at 10:41 PM. Chair Carried -11- 15 Deputy Clerk 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, and for a proposed Plan of Subdivision. 2084165 Ontario Limited and Akero Developments Inc. have submitted an application for a proposed draft plan of subdivision and zoning by-law amendment on two parcels of land. The north parcel proposes lands that will meld with blocks in a draft approved plan of subdivision to create 6 lots for single detached dwellings. The south parcel will create one block for townhouses in a common elements condominium as well as lands that will meld with blocks in the abutting registered plan of subdivision to create three lots for single detached dwellings. The two parcels are 3222 and 3350 Middle Road, being 500 metres north of Concession Road 3, on the west side of Middle Road, in the Northglen Neighbourhood of Bowmanville. JP 1 I r 4 1 1- I I 11 I r I , 1 I I: -" 1___ ~-` f I 1 `I I r .. _\ k � •._ - 4i lj zBA 2016 -0026 I i 41 SC 2016 - 0003 —'s 71 AN AV_1 ji I i I LU i i ❑I - - ---------- LW __<_-__-._ . TITT—) LU — _ ZBA 2016 - 0025 'I a Sc 2016 - 0003 xl., -j -T -- -- - "'' £+'.'T r Ui - ZBA 2016-0025 SC'"20160003 How • be informed Additional information regarding the proposed draft plan of subdivision and amendment to the zoning by-law is available for review at the Planning Services Department and on our website at clarington.net developmentproposals. 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, January, 9, 2017 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: S -C 2016-0003, ZBA 2016- 0025 and ZBA 2016-0026 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. DavJ rome, MCIP, RPP Director of Planning Services *df I:\^DEPARTMENT\LDO NEW FILING SYSTEM\APPLICATION FILES\SC SUBDIVISION\S-C 2016\S -C-2016-0003 3222 & 3, ROAD\PUBLIC NOTICE\PUBLIC MEETING NOTICE NOV. 28-16.DOCX 17 Q RE: Letter of Undertaking for John Roznik, 1093 Gifford Road, Clarke Original Letter of Undertaking to expire on January 25th 2017 Building Permit # 16.0713 To whomever this may concern, I would like to request Council's approval to exceed the January 25th 2017 date for the completion of the new dwelling and removal of the existing dwelling. The construction of the new dwelling is proceeding well but slower than expected and will not be completed for occupancy by the January 251h date and therefore also delaying the removal of the existing dwelling. You're approval to extend the date for meeting the requirements of the Letter of Undertaking would be greatly appreciated. John A Roznik December-20t�016 M breathe it in. December 7, 2016 Mr. Guy Caron, MP Rimouski-Neigette-Temiscouata-Les Basques House of Commons Ottawa, Ontario K1 OA6 Dear Sir: Re: Bill C-274: Transfer of small business, family farm or fishing operation The Corporation of The Township of Brock 1 Cameron St. E., P.O. Box 10 Canningkon, ON LOE 1E0 705-432-2355 Please be advised that the Council of the Township of Brock, at their meeting held on December 5, 2016, adopted the following resolution: "THAT the Council of the Township of Brock support Bill C-274: Transfer of small business, family farm or fishing operation". Should you have any concerns please do not hesitate to contact the undersigned Yours truly, THE TOWNSHIP OF BROCK x z/, Thomas G. Gettinby, MA, MCIP, RPP, CMO CAO & Municipal Clerk TGG: dh cc The Right Honourable Justin Trudeau, M.P., Prime Minister of Canada The Honourable Bill Morneau, Minister of Finance Jamie Schmale, MP Haliburton-Kawartha Lakes -Brock Debi Wilcox, Regional Clerk Durham Region If this information is required in an ac please contact the Township at 705 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: Planning and Development Committee Date of Meeting: Monday January 9, 2016 Report Number: PSD -001-17 Resolution: File Number: S -C 2016-0003, ZBA 2016-0025 & 0026 By-law Number: Report Subject: An Application by 2084165 Ontario Limited and Akero Development Inc. to permit a total of 6 single detached lots on one parcel of land and 3 single detached lots and one block for a medium density block on a second parcel of land 3222 and 3350 Middle Road, Bowmanville Recommendations: That Report PSD -001-17 be received; 2. That the applications for a draft plan of subdivision and rezoning, submitted by 2084165 Ontario Limited and Akero Development Inc. to permit a total of six single detached lots on one parcel of land and three single detached lots and one block for a medium density block on a second parcel of land continue to be processed and that a subsequent report be prepared; and 3. That all interested parties listed in Report PSD -001-17 and any delegations be advised of Council's decision. 20 Municipality of Clarington Report PSD -001-17 Report Overview Page 2 The Municipality is seeking the public's input on applications for a draft plan of subdivision and rezoning, submitted by 2084165 Ontario Limited and Akero Development Inc. to permit a total of six single detached lots on one parcel of land and three single detached lots and one block for a medium density block on a second parcel of land. 1. Application Details 1.1 Owner/Applicant: 2084165 Ontario Limited and Akero Developments Inc. 1.2 Agent: D. G Biddle and Associates 1.3 Proposal: South Parcel To create four blocks that will meld with four existing blocks in registered Plan of Subdivision 40M-2578 which will form three lots for single detached dwellings and a block for a medium density development in a common elements condominium. North parcel To create six blocks that will meld with six other blocks in Draft Approved Plan of Subdivision S -C 2007-0004 for six lots for single detached dwellings upon registration. 1.4 Area: South parcel 0.49 hectares North parcel 0.18 hectares 1.5 Location: Both parcels are on the west side of Middle Road, approximately 500 metres north of Concession Road 3. One is 3222 Middle Road (south) and the other is 3350 Middle Road (north), being Lot 13, Concession 3 in former Township of Darlington (see Figure 1). 1.6 Roll Number: 1817-010-080-05500 and 1817-010-030-05100 1.7 Within Built Boundary: Yes 21 Municipality of Clarington Report PSD -001-17 r r , E t� _ � J Phase S - " - - ZBA 2016 - 0026 SC 2016 - 0003 q _j MqN Phase q� I E I MOSES CR xi pp Ir II` FS r� LU O Phase 6 0 --------------- z a ZBA 2016 - 0025 SC 2016 - 0003 Phase 9 - J , -k-�4 1 I L,J1 a � ZBA 2016-0025 f 1 l -ZBA 2016-0026 : SC2616-0003 Figure 1 - Location of subject property 2. Background Page 3 2.1 In 2007, the Directors of Planning Services and Engineering approved a Neighbourhood Design Plan for the Northglen neighbourhood generally bounded by Concession Road 3 to the south, Regional Road 57 to the west, the urban area boundary to the north and Liberty Street to the east. Separate applications for draft plan of subdivision and rezoning were submitted for the east side of Middle Road (Northglen East) and the west side of Middle Road (Northglen West). 22 Municipality of Clarington Report PSD -001-17 Page 4 2.2 In March 2008, the Director of Planning Services issued Draft Approval for both Northglen East and West. Northglen West has multiple owners and is being developed in multiple phases. Phases 1A, 1B, and Phase 2 were registered in 2013, 2014, 2016 respectfully by the owner of 2265719 Ontario Inc. Two other owners, Akero (Kemp) and 2084165 Ontario Limited (Halminen) own the lands which front onto Middle Road, identified as Phases 6 and 7 on the original phasing plan, which were registered on November 22, 2016. At the time of draft approval for Northglen West, the applicant did not own the two subject parcels, and as such were not included in the draft plan application. These parcels were however identified for development as lots for single detached dwellings and a medium density block in the approved Northglen Neighbourhood Design Plan. 2.3 On October 25, 2016 the applicant's agent submitted applications for rezoning on two parcels of land. The application for Draft Plan of Subdivision for both parcels was submitted on November 18, 2016. The south parcel in conjunction with lands registered in plan of subdivision 40M-2578 (Phase 6) will allow the completion of one larger block for a medium density development and three single detached dwellings. The north parcel when melded with abutting lands will be developed as six lots for single detached dwelling in Phase 8 of the Northglen which has yet to be registered. 3. Land Characteristics and Surrounding Uses 3.1 The dwelling on the south parcel was destroyed by fire. It is surrounded by a recently registered plan of subdivision and has been graded. See Figure 2. The north parcel when melded with abutting lands currently supports a single detached dwelling, which is in the process of being demolished (see Figure 3). Figure 2 - South �1el -3222 Middle Road Municipality of Clarington Report PSD -001-17 Figure 3 — North Parcel -3350 Middle Road 3.2 The surrounding uses are as follows: Page 5 North - vacant and draft approved plan of subdivision S -C 2007-0004 South - on-going house construction East - apple orchard and Draft Approved Plan of subdivision S -C 2007-0005 West - on-going house construction 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: • 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, efficient and cost effective manner. 24 Municipality of Clarington Report PSD -001-17 4.2 Provincial Growth Plan Page 6 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 development allows for the efficient use of land, infrastructure and public services and is consistent with the Provincial Policy Statement and the Growth Plan. The proposed development will allow for various housing types. Municipal water and sanitary sewers are required for the blocks to develop. Transit routes will be established as development proceeds. A neighbourhood park is located on Northglen Boulevard. A block has been reserved on Northglen Boulevard for a future public elementary school. A mixed use block is located on the north-east corner of Concession Road 3 and Regional Road 57, although it is undeveloped at the present time. 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. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands "Urban Residential". 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. 25 Municipality of Clarington Report PSD -001-17 Page 7 Northglen Boulevard is a collector road with a right -of -width of 23 metres and Middle Road is a Type C Arterial with a right-of-way width of 26 to 30 metres which can accommodate greater volumes of traffic. 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 subject site remains designated Urban Residential. All applicable policies remain. 5.4 Northglen Neighbourhood Design Plan Northglen Neighbourhood Design Plan was approved in 2008. The applications as submitted are consistent with the approved plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Agricultural (A)" Zone. An amendment to the zoning by-law is required to permit future residential development. 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 each property's frontage along Middle Road. As of writing this report, no comments have been received by members of the public. 8. Agency Comments As of writing this report, comments are outstanding from the Regional Municipality of Durham, Central Lake Ontario Conservation Authority and the public and separate school boards. 9. Departmental Comments Engineering Services Department The developer of Phases 6 and 8 in the Northglen Neighbourhood has now acquired the two parcels which complete missing components of those phases. These parcels were included in the Northglen Neighbourhood Design Plan. The developer has submitted a draft plan of subdivision showing how these parcels will be lotted out which is consistent with the Neighbourhood Design Plan. 26 Municipality of Clarington Report PSD -001-17 Page 8 The south parcel has been included in the Functional Servicing Report (FSR) for Phase 6- Northglen, and the north parcel was included in the FSR for Phase 8. The parcels will be developed in conjunction with (not in isolation of) the surrounding lands as part of each of those phases. Each parcel fronts onto Middle Rd. which will be reconstructed in 2017. A pre -consultation meeting for the medium density block (in Phase 6) is required to discuss development of the block in further detail. The Engineering Department has no objection to the proposed draft plan, and will review conditions of draft approval when complete. 10. Discussion 10.1 The two parcels were recently acquired by the applicants. The uses and lotting patterns are consistent with the approved Neighbourhood Design Plan. 10.2 On the southerly parcel a total of three single detached dwelling lots will be created in conjunction with lands in registered plan 40M-2578. In addition, a 1.16 ha medium density block will also be created, again in conjunction with abutting lands. To develop the entire block, plan of subdivision and a site plan must be approved and the draft plan registered. Application for a common elements condominium will follow. 10.3 The northerly parcel will form six blocks that will meld with another six blocks in draft approved plan S -C 2007-0004. A total of six lots will be created to permit six single detached dwellings when Phase 8 is registered . 10.4 The applicant will be required to enter into a subdivision agreement for both parcels. 11. Conclusion The purpose of this report is to provide background information on the proposed draft plan and rezonings submitted by 2084165 Ontario Limited and Akero Developments Inc. 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. 12. Strategic Plan Application Not applicable. 27 Municipality of Clarington Report PSD -001-17 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: Curry Clifford, MPA. CMO Interim CAO Page 9 Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. or cstrike(a)-clarington.net The following is a list of the interested parties to be notified of Council's decision: Hannu Halminen Kirk Kemp Domenic Tassone Michael Fry CS/CP/df;tg IAADepartment\LDO NEW FILING SYSTEMWpplication Files\SC Subdivision\S-C 2016\S -C-2016-0003 3222 & 3350 Middle Road\Staff Report\PSD-001-17.docx 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: January 9, 2017 Report Number: PSD -002-17 Resolution: File Number: PLN 17.1.6 By-law Number: Report Subject: Environmental Stewardship, 2016 Annual Report Recommendation: 1. That Report PSD -002-17 be received for information. 29 Municipality of Clarington Report PSD -002-17 Report Overview Page 2 Council provides annual funding for an ongoing environmental stewardship program. The program encourages citizens and groups to carry out initiatives that improve municipal lands, such as valleylands and other natural areas. Since 2011, this program has also included the replanting of trees along country roads. The benefits of the program go beyond the monetary value of the projects as they include increased tree canopy cover and wildlife habitat, climate change mitigation, community beautification, local history preservation and community engagement through volunteerism. In 2016, over 800 saplings were planted along rural roads and an invasive species workshop and eradication project were undertaken. 1. Background Since 2002, Council has provided annual funding for an ongoing environmental stewardship program. When approving projects for funding, Staff review projects to ensure general public benefit, the municipal contribution is being matched by in-kind contributions (labour and/or materials), and that the project meets the long-term objectives of the Municipality. The purpose of this report is to inform Council of how the funds have been used in 2016. 2. 2016 Stewardship Projects 2.1. Trees for Rural Roads In 2011, the Municipality of Clarington initiated the Trees for Rural Roads (TRR) program in partnership with Central Lake Ontario Region Conservation Authority (CLOCA) and Ganaraska Region Conservation Authority (GRCA). The goal of the program is to plant trees along country roads for the benefit of the environment and local communities. Increasing tree canopy cover improves wildlife habitat, and enhances environmental services including carbon sequestration and cooling of roadways. Trees are offered free of charge to rural residents to be planted on private property adjacent to the roadways. Participants have their choice of native tree species including: sugar and red maples, white pine, white spruce, white birch, and red and white oak. The TRR program is announced through articles in local newspapers, the Planning E - update and the Municipal website. Applications were received by the March 31 deadline, and in late April, over 800 saplings were distributed to 45 property owners and planted throughout Clarington (Attachment 1 — Map of the roadways planted to date). 30 Municipality of Clarington Report PSD -002-17 Applications are reviewed by the Conservation Authorities to ensure that planting locations support the intent of the project, do not conflict with municipal infrastructure, and trees have an appropriate separation from each other and from the road. Through the application process, we can ensure that the benefits of the program are maximized. Since 2013 the program has received partial funding through Maple Leaves Forever (MLF), a registered charity that advocates and supports the planting of native Canadian maples across the rural and urban landscape of southern Ontario. Native maples were subsidized at a rate of one third of the purchase price of the planting stock. A feedback survey of TRR participants is undertaken in order to help improve the program for future years. All participants who responded indicated that they were pleased Page 3 Figure 1: Trees to be distributed 7�.N r - with the program, plantingL5ff information and pickup location. - Overall the response and satisfaction of rural residents with Figure 2: Helpers load up this program and its goals is very high. In July overall survival rate appeared to be in the 80% range with the silver maples being more susceptible this year; however given the low precipitation over the summer there may be additional die off. All participants who responded indicated that they were pleased with the program, planting information and pickup location. Overall the response and satisfaction of rural residents with this program and its goals is very high. 2.2. Invasive Species Workshop and Eradication Environmental Stewardship funds assisted the Operations Department, CLOCA and GRCA with the Invasive Species brochure, workshop and eradication project. The eradication project is in partnership with CLOCA, Friends of the Farewell and other partners. The focus of the eradication is phragmites within the valleylands of the Farewell Creek. On Saturday October 1St, Courtice residents joined the Courtice Eco Projects and 31 Municipality of Clarington Report PSD -002-17 Page 4 Friends of the Farewell to learn about protecting the community against the invasion of invasive plants. A two hour invasive species walk and talk with staff from Central Lake Ontario Conservation took place along the Millennium Trail in Courtice. Participants were shown what local invasive plants look like, how to manage them and alternative native plants to use in their gardens. The workshop had 20 people participating. They each took home three native plants, a homeowner stewardship guide, identification and management resources. An existing online stormwater detention pond, located in the Black, Harmony, Farewell Creek watershed was targeted as a pilot project for management of the invasive species, Common Reed (Phragmites australis australis). This invasive perennial grass is having an impact on meadow and wetland habitats across the province and is easily spread through construction activities, wind and water. The size of the population of phragmites at this site was deemed appropriate for a pilot project. A Memorandum of Understanding was developed between the Municipality of Clarington and Central Lake Ontario Conservation to manage this population through a partnership with Courtice Eco Projects. CLOCA staff have collected native seed of non-invasive species from the site with students from Courtice Secondary School who will grow these out in their green house for restoration of this site. The site will be revisited in spring 2017 to determine the need for follow up applications based on sprouting from the phragmites colony. Restoration planting will commence once the phragmites population is deemed to be no longer present. Figure 3: CLOCA staff explaining invasive species 32 Municipality of Clarington Report PSD -002-17 Figure 4: Preparing area for eradication 3. Concurrence Not applicable. 4. Conclusion Page 5 There has been good response to the Environmental Stewardship Program in Clarington. Since 2002 over $100,000 has been invested in numerous projects; however, the value of the in-kind contributions is much more. The benefits of the program goes well beyond the monetary value of the projects to include increased tree canopy cover and wildlife habitat, climate change mitigation, community beautification, local history preservation, and community engagement through volunteerism. Clarington has "led the way" with the TRR program and invasive species eradication project which are being adopted by other local municipalities. Additional programs for the renewal of urban street trees is necessary to address the adverse effects of the Emerald Ash Borer (another invasive species), canopy damage from severe storms and climate change. In the 2017 budget a request for additional funds has been included as we are looking forward to the 150th anniversary of Canada in 2017 and intend to commemorate this milestone with a planting of 150 maple trees as a grove in one of our parks. 33 Municipality of Clarington Report PSD -002-17 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Page 6 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid clarington.net Attachments: Attachment 1 — Trees for Rural Roads Map of Plantings for 2012 - 2016 DJC/FL/df x'uepartmen1\w0 NEW FILING SYSTEM\PLN Planning Files\PLN 17 Environment\PLN 17.1.6 Environmental Stewardship\Staff Reports\PSL)-uuz- i t.cocx 34 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: January 9, 2017 Report Number: PSD -003-17 Resolution: File Number: PLN 34.2.24.1 By-law Number: Report Subject: Heritage Incentive Grant, 2016 Annual Report Recommendations: 1. That Report PSD -003-17 be received for information. 36 Municipality of Clarington Report PSD -003-17 Report Overview Page 2 Five projects received Heritage Incentive Grants in 2016. The Heritage Incentive Grant Program is to assist owners with properties designated under Part IV and V of the Ontario Heritage Act (2005) with financing the cost of repairs and restoration of a designated heritage property. 1. Background In 2013 Clarington established a Heritage Incentive Grant Program to assist properties designated under the Ontario Heritage Act, with financing the cost of repairs and restoration. Designated heritage resources generally contain older and uncommon features which can make them more costly to maintain and repair. The purpose of this report is to inform Council of how the funds for this program were spent in 2016. Any funds remaining in the Heritage Incentive Grant account accrue and are to be allocated in future years. 2. Grants 2.1 Program Notification and application requests are sent to designated property owners early in the year with an application submission date of late May. Grants are determined based on the number of qualifying applications and how the work will enhance the designated heritage features. Grants may cover up to 50% of the costs of the eligible work per building to a maximum of $2,000 for exterior work, and $1,000 for interior work, with a maximum of $3,000 per property owner. The property must not be in receipt of other grants or tax incentives from the Municipality and be current with property tax payments. 2.2 2016 Grants Following notification of property owners, a number of inquiries were received. Applications from five designated properties were submitted for funding. Funding (in the range of 25-35% of the project value) was awarded to five designated properties. Works included: • stained glass window repair and protection; • repair and repainting of a covered porch including brick column bases; • Repair of glass panes and water damage around windows; • Repair and repainting of eave, soffits and facia; • Repair and installation of brick band around window casings; and • Interior door repair. 37 Municipality of Clarington Report PSD -003-17 Page 3 To date, three of the projects have been completed with two projects still in progress. The designated properties that received funding in 2016 are located at: • 483 King Avenue East, Newcastle (The Walbridge House); • 99 Church Street, Bowmanville (The Bleakley House); • 250 Mill Street South, Newcastle (St. George's Church); • 25 Park Street, Orono; and • 14 Concession Street West, Bowmanville. 3. Concurrence Not Applicable 4. Conclusion There has been good response to the Heritage Incentive Grant Program which helps homeowners maintain Clarington's built heritage. To date, 17 properties have been approved. Grants have generated approximately four times their dollar value in improvements to heritage buildings in Clarington. 5. 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: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler _clarington.net List of interested parties to be notified of Council's decision is on file in the Planning Services Department Clarington Heritage Committee c/o Brandon Weiler FL/BW/df I:\ADepartment\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 34.0 Heritage (All Files)\PLN 34.2.24.1 Heritage Incentive Grant Program\Staff Reports\PSD-003-17.docx 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: January 9, 2017 Report Number: PSD -004-17 Resolution: File Numbers: PLN 37.1.1, 37.2.1, 37.3.1, 37.4.1 By-law Number: N/A Report Subject: Community Improvement Annual Report for 2016 Recommendations: 1. That Report PSD -004-17 be received for information; and 2. That all interested parties listed in Report PSD -004-17 and any delegations be advised of this information report. 39 Municipality of Clarington Report PSD -004-17 Report Overview Page 2 The Bowmanville, Orono, and Newcastle grant programs under the Community Improvement Plans continue to be effective incentives for renewal of the downtowns. The Courtice Community Improvement Plan was adopted by Council in 2016 as a tool to help intensify and encourage high quality development along Highway 2 in Courtice. The Municipality has contributed $892,000 to community improvement grants and projects in the four urban areas over the past 12 years. In 2016 the grant funding for Newcastle and Orono was fully committed. Bowmanville has funds remaining from the 2016 budget that will be carried over. There continues to be a concern amongst the Community Improvement Plan liaison groups regarding accessibility of older buildings and the costs of providing accessible services. This and other items will be addressed in 2017 as part of reviewing and updating the Orono, Newcastle and Bowmanville Community Improvement Plans that was initiated in 2016. 1. Background Council adopted Community Improvement Plans for Bowmanville and Orono in 2005 and Newcastle in 2008. The Courtice Community Improvement Plan was developed and adopted by Council in 2016; however, funding had been provided for the past eight years for civic space (streetscape) improvements. The Community Improvement Plans allow the Municipality to provide incentives to business and property owners within a specific geographical area and specific grant programs in each urban area according to its Plan. The Orono, Newcastle and Bowmanville plans focus on grants for existing buildings and enhancing the downtown streetscape. The Courtice plan focuses on grants that will encourage development and redevelopment of a Regional Corridor, Highway 2. The business and property owners of the different Community Improvement Plan areas are notified via the municipal website, pre -consultations, counter inquiries and through word of mouth of the Community Improvement Plan programs. The three historic downtown Community Improvement Plans (Orono, Newcastle and Bowmanville) have liaison groups which meet on a quarterly basis. The liaison groups are apprised of any issues arising in the area and assist staff in spreading the word about the grant programs. The liaison groups provide feedback to staff on the effectiveness of the current grant programs and identify issues and concerns of business and property owners that have used or are looking to use the grant programs. The liaison groups will be a assisting with the review and updating of the Community Improvement Plans. This work began in 2016. HE Municipality of Clarington Report PSD -004-17 2. Community Improvement Initiatives 2.1. Grant Program Page 3 The general grant program rules are applicable to all three historic downtown Community Improvement Plans. The grants have been specifically tailored to each downtown, and include heritage facade improvements, building code improvement, etc. The tailored approach was to meet the specific opportunities and challenges of the different downtown areas. Grant funds are committed at the outset of a project and typically carry over to a subsequent year while the work is being completed. Grants are not released until the works are completed, inspected, the contractor paid and permits finalized. To be eligible, property owners must be current with their property tax payments. The recently approved Courtice Community Improvement Plan has unique program rules and requirements that are different from the other plans due to the different focus and intent of the Community Improvement Plan. Grant funds will be committed at the outset of a project and funds will be paid out after completion of projects to ensure project performance meets the preconstruction submission. The Tax Increment Grants will paid out over a 10 year time frame. 2.2. Community Improvement Plan Activity for 2016 Details of 2016 Activity can be found in Attachment 1, below is a brief summary. Orono — three applications were received in 2016 and have been completed. All funding for 2016 was earmarked including limited funds remaining from previous years. Currently, there is approximately $4,000 remaining to carry over. Bowmanville — No applications were received in 2016; however, staff have had multiple discussions with possible applicants. A number of issues discussed later in section 2.5 of this report outline some of the reasons for a reduction in applications for Bowmanville in 2016. Work is continuing on projects which received funding in previous years. Funds from previous years, approximately $100,000, will be carried over. Newcastle — Two applications were received in 2016. All funding has been earmarked for this and previous years, some grants have yet to have the work completed and paid out. 2.3. Community Improvement Funding To date the Municipality has provided funding of $836,000 for grants in the three downtowns. Community Improvement Plan grant monies are matched by the property owners or merchants on a 3:1 or 2:1 basis depending on the grant. Some construction projects greatly exceed this ratio. Direct public benefit is realized from the increased municipal and private investments in the form of signage, building code upgrades (for example - accessibility) and facade improvements for aging buildings in our central business areas. In many cases the grants are a minor portion of the overall redevelopment and or reconstruction plan worth many thousands of dollars. It is conservatively estimated that the impact of providing grants to date has spurred well over $3.2 million in investment. 41 Municipality of Clarington Report PSD -004-17 Page 4 The Courtice Community Improvement Plan will result in much higher grant amounts because of the focus on prompting significant private investment. Grants will be provided for new development and redevelopment for multi-million dollar projects which will provide for new property assessment. The tax increment grants are related to assessment value increases that the Municipality will forego, the development charge grants will be budgeted for in the 2017 and subsequent year capital budgets. 2.4. Community Improvement Program Renewal 2016 was the eleventh year of the Bowmanville and Orono Community Improvement Plans. Newcastle is in its ninth year. These Plans did not include sunset clauses; best management practices suggest reviews are warranted on five and ten year anniversaries. The community liaison groups have already identified a number of concerns such as accessibility, upgrading of residential rental accommodation and tenant interests that are not specifically addressed as part of the current grant programs. With the Courtice plan adoption and its focus on different incentive funding, it is appropriate, to review the older plans and grant programs to determine if there are modifications that could be made to refocus the improvements. 2.4.1 Accessibility is an area of concern that the Community Improvement Plan liaison groups have identified to staff in the past three years. There is a growing concern amongst business and property owners regarding accessibility requirements and the physical works required to make existing buildings accessible. Many of the individual businesses have limited square footage in which they operate and are not currently accessible. With the implementation of accessibility legislation and a desire to allow all patrons to have entry into downtown businesses, merchants are looking for assistance. There is a concern that alterations are cost prohibitive or eliminate valuable floor space. Currently, these types of costs are considered under the Building Code CIP grants; however the building code grant is not specifically targeted to accessibility projects and has had limited yet successful uptake for accessibility purposes. It is anticipated that there will be more demand for accessibility projects and related grants in all of the downtowns in the coming years. The liaison groups have expressed the need for additional funding for this type of project and suggested a grant specifically targeted to accessibility projects. In addition, merchants are interested in receiving assistance to determine how to make the necessary accommodations. 2.4.2Ensuring the second story residential units are upgraded is another concern. The liaison groups are concerned that the vibrancy of the historic downtowns could be enhanced with upgrades and to the rental accommodation over the storefronts. 2.4.3Many tenants have expressed interest in upgrading their spaces but are not willing to do so without financial assistance from the property owner. Further, the current programs don't target their specific needs. The idea of having more tenant geared grants has been identified by the liaison groups. 42 Municipality of Clarington Report PSD -004-17 Page 5 Grants were designed to be a one-time opportunity for property owners. The Community Improvement Plans range between 9 to 11 years old and some property owners who utilized the programs at the outset have expressed a desire for additional projects but can't access funding due to the grant program rules. This is also an issue that staff are reviewing. As part of Planning Services work program for 2017 staff will continue the review of the three downtown plans, including looking to other municipalities and using the information collected by the Clarington Board of Trade through the Business Retention and Expansion Study. As a result of these tasks, modifications may be recommended in 2017 for the existing Community Improvement Plans and grant programs. 3. Concurrence Not Applicable 4. Conclusion There continues to be a good response to the grant programs in Newcastle and Orono and there continues to be a strong interest in the program in Bowmanville. There is ongoing demand for grants especially in Newcastle with funding often allocated by the first half of the year. Within Bowmanville there is interest in the program by tenants. However utilizing the program has challenges. There is a growing concern over changes that property owners or merchants will have to make in the coming years to provide more accessible buildings. Review of the three existing community improvement plans will continue in 2017 to determine what modifications can be made to increase the effectiveness of the grants and programs. Staff will continue to monitor the effectiveness of the program and make recommendations for changes. 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan's priority to "Facilitate the creation of jobs, attraction of new businesses and expansion of existing businesses". 43 Municipality of Clarington Report PSD -004-17 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Page 6 Reviewed by: Curry Cliff rd, MPA, CMO Chief Administrative Officer Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler(o)-clarington.net Attachment 1: Community Improvement Plan Summary Report 2016 The following is a list of interested parties to be notified of this report: Garth Gilpin, Coordinator, Bowmanville BIA Liaison groups for Bowmanville, Newcastle and Orono CIPs c/o Faye Langmaid BW/FL/df I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 37 Community Improvement Plan\PLN 37.0 CIP General\Staff Reports\PSD-004-17.docx Attachment 1 to Municipality of Clarington Report PSD -004-17 Community Improvement Plan Summary Report 2016 Bowmanville The non -capital funding provided to date for implementation of the Bowmanville Community Improvement Plan is $531,000. Just over $405,000 has been paid out in grants and $30,000 is committed and works are continuing. Staff had conversations with a number of business owners in 2016. Some of the business owners indicated they had already taken advantage of grants in the past and there was no funding remaining for additional works under the current program either because of the cap set out in the general grant rules or because the projects they wish to undertake do not meet the criteria of the current grant program. Another common comment from business owners was that they would not commit to funding projects for buildings they did not own, despite wanting to undertake works. These as well as other comments received are being reviewed during the Community Improvement Plan review. Some 25 properties (many of them have multiple addresses) have received Community Improvement Plan grants. The grants have been for 32 facades, 13 building code related improvements, 13 building permits, five site plan fees and six reconstruction grants. Newcastle The non -capital funding provided to date for implementation of the Newcastle Community Improvement Plan is $208,000. Over $178,000 has been paid out in grants, with the remaining funds committed. The Newcastle Community Improvement Plan grants have been fully subscribed every year. In 2016, two projects received funding: 21 King Ave. E. — Fagade Improvement, Site Plan, Signage, and Building Permit grants were approved for approximately $11,500. The project will see an existing single storey dental office add a second floor and a complete new fagade. The estimated cost of the project is approximately $260,000. 2. 28 King Ave. E. — The Building Improvement grant in the amount of approximately $8,000 allowed for the construction and installation of a new accessible washroom. The total cost of the project was approximately $16,000. To date some 22 Properties have received Community Improvement Project grants in the form of 18 facade improvements, nine signage grants, seven building code grants (most related to accessibility), three site plan control fee and one building permit fee. Many properties have been the benefactors of more than one type of grant Orono The non -capital funding provided to date for implementation of the Orono Community Improvement Plan is $97,000. In addition, funds were expended on the Orono 175th celebrations and the Orono Park 90th celebrations, brochures, hall rentals for meetings and 45 refurbishment and replacement of the Sidney Rutherford Walk signs. Over $84,000 has been paid out in grants. In 2016, three projects received funding: 5310 Main St. — A Fagade Improvement grant in the amount of approximately $6,500 allowed for new windows and doors to be installed that were in keeping with the heritage nature of the building. The total cost of the project was approximately $14,000. 2. 5344 Main St. — A Fagade Improvement grant in the amount of approximately $3,000 allowed for some repairs to some of the external elements of the building and for new painting for the fagade. Total cost of the project was approximately $6,000. 3. 5301 Main St. — A sign grant in the amount of $500 allowed for a new business sign to be installed. Total cost of the project was approximately $1,700. To date 22 properties have benefitted from the Community Improvement Project grants in the form of 14 facade improvements, 19 signage grants, two building code grants and an infill grant. Some properties have received more than one type of grant. Courtice The non -capital funding provided to date for Courtice is $56,000. The funding has been used for street trees along Highway 2 at Courtice Road, the Tooley Memorial, the lighting at the parkette at Trulls Road and Highway 2 and limited implementation of banners along Highway 2 from Centrefield to Townline Road. The Courtice Community Improvement Plan was adopted by Council in 2016. The grants will focus on providing incentives for increasing density and high quality development and redevelopment along Highway 2 in Courtice. . lb 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: January 9, 2017 Report Number: File Number: Report Subject: PSD -005-17 ZBA 2016-0028 Resolution: By-law Number: An Application by 1494339 Ontario Limited for Removal of (H) Holding Symbol, 3440 Trulls Road, Courtice Recommendations: 1. That Report PSD -005-16 be received; 2. That the application submitted to remove the Holding (H) symbol submitted by 1494339 Ontario Limited be approved as described in Attachment 1 to Report PSD -005-17 and that the attached By-law to remove the Holding (H) Symbol be passed; 3. That Council's decision and a copy of Report PSD -005-17 be forwarded to the Region of Durham's Planning and Economic Development Department and the Municipal Property Assessment Corporation; and 4. That all interested parties listed in Report PSD -005-17 and any delegations be advised of Council's decision. 47 Municipality of Clarington Report PSD -005-17 Report Overview Page 2 The purpose of this report is to recommend approval of the application to remove the (H) Holding Symbol to permit the development of a semi-detached dwelling at 3440 Trulls Road in Courtice. 1. Application Details 1.1 Owner/Applicant 1.2 Proposal: 1.3 Area: 1.4 Location: 1.5 Roll Number: 1494339 Ontario Limited Removal of Holding (H) Symbol from the "Holding -Urban Residential ((H) R1) Zone ". 0.09 Hectares 3440 Trulls Road, Courtice at the southwest corner of Trulls Road and Adelaide Avenue 1817 010 100 02840 1.6 Within Build Boundary: Yes r .�. r �� t _�_ riff ��s.��yR. �71:a,a��� -�ir��^{#r �• ptxi��J� . Ji •. M Municipality of Clarington Report PSD -005-17 2. Background Page 3 2.1 On November 21, 2016 an application was submitted requesting that the Holding (H) Symbol be removed from the property located at 3440 Trulls Road in Courtice. 2.2 The Holding Symbol on the subject property has been in place since the implementation of the Corporation of the Town of Newcastle Zoning By-law 84-63 in 1984. At the time of its implementation, the Holding (H) Symbol was placed on all urban residential properties that had yet to be serviced. 3. Staff Comments 3.1 The Holding (H) Symbol is a provision enabled by the Official Plan typically used to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of this Plan. 3.2 The subject lot is an existing lot of record which had a single detached dwelling built in 1973. The single detached dwelling has since been demolished and the lot has been vacant for more than 16 years. The applicant has applied to construct a semi-detached dwelling which is permitted within the "Urban Residential (R1) Zone". The subject property is zoned "Holding -Urban Residential ((H) R1) Zone ". The lot conforms to the minimum lot area and frontage requirements of the "R1" zone for a semi-detached dwelling. The lot is at the edge of a newly developing community by the same owner. However, the lot was not within the limits of the draft approved and registered subdivision. 3.3 In this situation, there are no significant environmental impacts, the property is now fully serviced and has frontage on Trulls Road which has been reconstructed to an urban cross-section. 3.4 Staff supports the removal of the Holding (H) Symbol. 3.5 All property taxes have been paid in full. 4. Concurrence Not applicable 5. Conclusion In consideration of the comments noted above, approval of the removal of the "Holding H)" symbol for the property located at 3440 Trulls Road in Courtice, as shown on the attached By-law and schedule (Attachment 2) is recommended. Municipality of Clarington Report PSD -005-17 6. 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 Page 4 Reviewed by: Curry Clifford, MPA, CMO Chief Administrative Officer Staff Contact: Amanda Watson, Planner I, 905-623-3379 ext. 2420 or awatson(a--)clarington.net Attachments: Attachment 1 - Zoning By-law to Remove the Holding (H) Symbol The following is a list of the interested parties to be notified of Council's decision: Michael Foley AW/CP/df/tg IAADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA Zoning\2016\ZBA2016-0028 3440 Trulls Road\Staff Report\PSD-005-17.docx 50 Attachment 1 to Municipality of Clarington Report PSD -005-17 Corporation of the Municipality of Clarington By-law Number 2017 - 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 to permit the development of a semi-detached dwelling on the subject lands (ZBA2016-0028); Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" (Courtice)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding — ((H) R1) Urban Residential Type One Zone" to "(R1) Urban Residential Type One Zone" as illustrated on the attached Schedule `A' hereto. 2. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. By -Law passed in open session this day of 12017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 51 This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. ADELAIDE AVENUE GATE STREET Uj Of W U-1 z Of o Q > a Cn 0 MALLORY Cn O DAISEYFIELD AVENUE W O J � Q OOH O ��,�� 2 CFO S%' �C� n ® Zoning Change From "(H)R1" To "R1" N Courtice • ZBA 2016-0028 • Schedule 4 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk L Clarbgton Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: January 9, 2017 Report Number: PSD -006-17 Resolution: File Number: S -C-2015-0002 and ZBA 2015-0014 By-law Number: Report Subject: An Application by 2265719 Ontario Inc. to permit 70 single detached dwellings — 3425 Regional Road 57, Bowmanville Recommendations: That Report PSD -006-17 be received; 2. That the application for Draft Plan of Subdivision submitted by 2265791 Ontario Inc. for 70 single detached residential units be supported subject to conditions as contained in Attachment 2 of Report PSD -006-17; 3. That the Zoning By-law Amendment application submitted by 2265791 Ontario Inc. be approved as contained in Attachment 3 of Report PSD -006-17; 4. That once all conditions contained in Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -006-17 and Council's decision; and 6. That all interested parties listed in Report PSD -006-17 and any delegations be advised of Council's decision. 53 Municipality of Clarington Report PSD -006-17 Report Overview Page 2 This report is recommending approval of applications submitted by 2265719 Ontario Inc. to permit 70 single detached dwellings on the east side of Regional Road 57, approximately one kilometre north of the intersection of Regional Road 57 and Concession Road 3 in the Northglen Neighbourhood of Bowmanville. 1. Application Details 1.1 Owners: 2265719 Ontario Inc., Richard and Trudy Bouma, Derek Bastmeyer 1.2 Applicant: 2265719 Ontario Inc. 1.3 Agent: Candevcon Limited 1.4 Proposal: Proposed Draft Plan of Subdivision The proposed plan of subdivision includes 70 lots for single detached dwellings. Rezoning To rezone the lands from "Agricultural (A) Zone" to an appropriate zone to permit the proposed draft plan of subdivision. 1.5 Area: 3.97 hectares. 1.6 Location: The subject lands are located on the east side of Regional Road 57, approximately one kilometre north of the intersection of Regional Road 57 and Concession Road 3 being within Part of Lot 14, Concession 3, Bowmanville (see Figure 1). 1.7 Within Built Boundary: No 1.8 Assessment Roll Numbers: 010-080-06901 and 010-080-06952 54 Municipality of Clarington Report PSD -006-17 Figure 1: Property Location } Quarry Lakes f- Golf Course` Subject Site S -C 2015-0002 t v' r l l l l! I { I l h l 11 1 { f�- LL3 HENRY SMITH AVENUE - I ° }Phase 3 -t-4 ; r,��� ; Park 4 i i r i_I ft � { I � { I I r~ �� -Dr ftApproved Plan of Suhdivisionl; ri i 1i,i (s-Ct200 -0004) �r-� 7-1 rr - > -- 2. Background r I VVILLkRM FAkR aRIVE al Ipl �11f4Ffff. 1 -• � I 1 l K ��.f4{ffj . frit JOHN MATTHEW CR a O =- �� Phase 2J z �_ 4-_ am _ _4 w -_- — - _ T _ = - LL z JOHN MATTHEW C - yl II 2. Background r �11f4Ffff. 1 K ��.f4{ffj frit Park ;LEN BOULEVARD P I I I I I 1 1 r- { Page 3 2.1 In March 2008, the Director of Planning Services issued Draft Approval of Plan of Subdivision S -C 2007-0004 in the Northglen Neighbourhood. This subdivision has multiple owners and is being developed in multiple phases. Phases 1A, 1B, and Phase 2 were registered in 2013, 2014, 2016 by the owner of 2265719 Ontario Inc. Two other owners, Akero (Kemp) and 2084165 Ontario Limited (Halminen) own the lands which front onto Middle Road, being Phases 6 & 7 which were registered on November 22, 2016. 2.2 In 2015, 2265719 Ontario Inc. acquired 3425 Regional Road 57 and the southern portion of 3499 Regional Road 57. These lands make up all the lands in the proposed draft plan S -C-2015-0002. The subject lands are within the Northglen Neighbourhood and were identified in the Neighbourhood Design Plan for residential development. 55 Municipality of Clarington Report PSD -006-17 3. Land Characteristics and Surrounding Uses Page 4 3.1 The lands subject to the applications were assembled from two parcels with frontage on Regional Road 57. The subject lands are relatively flat. The larger parcel is currently being cultivated (Bouma). The smaller, southerly parcel supported a single detached dwelling which has now been demolished (Bastmeyer). See Figures 2 and 3 below. Figure 2: Bouma Lands 3.2 The surrounding uses are as follows: Figure 3: Bastmeyer Lands North: One single detached dwelling and cultivated lands South: Draft Approved Plan of Subdivision S -C 2007-0004 and residential dwellings currently under construction East: Woodlot West: Estate 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: • 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. 56 Municipality of Clarington Report PSD -006-17 Page 5 Infrastructure and public services facilities shall be provided in a coordinated 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 development proposes single detached units. Municipal water and sanitary sewers are required for the lots to develop. Transit routes will be established as development proceeds. A neighbourhood park is located on Northglen Boulevard. A block has been reserved on Northglen Boulevard for a future public elementary school. A mixed use block is located on the north-east corner of Regional Road 57 and Concession Road 3, although it is undeveloped at the present time. 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 Regional 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. The Regional Official Plan provides for a Type C Arterial Road along the north limit of the Bowmanville Urban Area. Kenneth Cole Drive, a local road within the draft plan, will connect to the Type C Arterial. 57 Municipality of Clarington Report PSD -006-17 5.2 Clarington Official Plan Page 6 The Clarington Official Plan designates the subject lands as Urban Residential. 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. An east -west Type C Arterial is designated above the north limit of the urban boundary of Bowmanville from Regional Road 57 to Liberty Street. 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 subject site remains designated Urban Residential. All applicable policies remain. 5.4 Northglen Neighbourhood Design Plan The subject lands are within the Northglen Neighbourhood Design Plan which was approved in 2008. The draft plan shows the lotting and road pattern consistent with the approved Neighbourhood Design Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Agricultural (A) Zone". A Zoning By-law amendment is required to implement the proposed amendment to draft approval. 7. Summary of Background Studies 7.1 Phase One Environmental Site Assessment (ESA), Geologic, February 2015 This report was prepared for the entire land parcel and based on observations, information collection and present land use, no potentially contaminating activity or areas of potential environmental concern were identified that would warrant Phase Two ESA investigation. 7.2 Noise Impact Study Northglen - West Bouma Lands, YCA Engineering Limited, May 12, 2015 Noise impact on the development is generated from vehicular traffic on Regional Road 57. Acoustic fence will be required on lots adjacent to Regional Road 57. Some lots in close proximity to the noise source will require mandatory air conditioning. The appropriate warning clauses will be required in the Agreements of Purchase and Sale advising homeowners of potential noise generated by traffic on Regional Road 57. PP Municipality of Clarington Report PSD -006-17 Page 7 7.3 Archaeological Site Assessment, Northeastern Archaeological Associates Limited, March 2, 2015. A Phase 1 and Phase 2 Archaeological Site Assessment determined that there are no archaeological concerns on site. 7.4 Butternut Survey and Hazard Tree Assessment, Niblett Environmental Associates Inc., January 26, 2015 The Butternut Survey determined that there are no Butternut Trees within 50 metres of the subject lands. No hazard trees were identified along the fenceline of the subject property. 7.5 Traffic Impact Brief, GHD, June 17, 2015 A Traffic Impact Brief was prepared as an update to the Traffic Impact Study (TIS) prepared in 2007 for the entire Northglen Neighbourhood. The 70 residential units proposed in the draft plan is 11 units more than was assumed by the 2007 study. However, the anticipated road network remains unchanged. All connections to the external road network remain unchanged. The additional vehicle trips will have a minimal impact on the operational capacity. 7.6 Functional Servicing Study, Northglen West Subdivision Functional Servicing and Stormwater Report, Candevcon, May 2016, Revised August 2016 The Functional Servicing Report confirms that the sanitary sewer system and the water supply system can accommodate the proposed development once the services are extended through the next phase of development. Similarly, the stormwater management pond located at the north east corner of Regional Road 57 and Concession Road 3 has been sized to accommodate this site and the storm sewers will be sized accordingly. 8. Public Meeting and Submissions 8.1 The Public Meeting was held on October 5, 2015. One individual spoke in opposition to the development. He is concerned with the volume and speed of traffic in the area of Regional Road 57 and Concession Road 3. He asked if there were plans for the intersection to be improved. 8.2 Another individual residing on Craig Court located in the Old Scugog estate residential subdivision to the west was concerned that her well will be impacted as a result of the construction. She also expressed concerns with increased traffic and speeding in the area. She requested that the shoulders of Old Scugog Road be paved as they are heavily used by pedestrians and cyclists. She concluded by requesting the speed limits be reviewed for both Old Scugog Road and Regional Road 57 as these issues directly affect the residents in the area. 59 Municipality of Clarington Report PSD -006-17 Page 8 8.3 Two individuals residing on Old Scugog Road were also concerned that their well would be impacted as a result of development. 8.4 Resident concerns are addressed in Section 10.4 of this report. 9. Agency Comments 9.1 The Region of Durham The Region of Durham stated that the subject lands are within the Living Area designations, 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. 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. The Region's conditions are included in the proposed Conditions of Draft Approval included as Attachment 3. 9.2 Central Lake Ontario Conservation Authority The Conservation Authority has advised that the Butternut Survey and Hazard Tree Assessment were deemed acceptable. The Authority has no objections to the proposal and provided technical comments to the applicant regarding grading and stormwater management that must be addressed. The Conservation Authority also provided standard conditions of draft plan approval. 9.3 Kawartha Pine Ridge District School Board Students from this development would attend Hampton Junior Public School (JK -3) and M.J Hobbs Senior Public School (4-8) and Clarington Central Secondary School (9-12) or Charles Bowman Public School (JK -8) or Bowmanville High School (9-12). Board Staff have requested that all proposed streets have public sidewalks. The Board provided conditions of draft approval regarding warning clauses in Agreements of Purchase and Sale for bus transportation. 9.4 Other Agencies Enbridge Gas, Canada Post and Rogers have no objections to the applications. Municipality of Clarington Report PSD -006-17 10. Departmental Comments 10.1 Engineering Services Traffic Page 9 The applicant has submitted an updated Traffic Impact Brief. These lands were included in the original Traffic Impact Study, and only very minor changes have occurred since the original study (e.g. extension of Kenneth Cole Drive). The update concludes that "the proposed subdivision development can be accommodated by the adjacent road network as previously demonstrated." • Phasing The development of these lands is premature until the lands between the subject lands and SC 2007-0004 — Phase 3 have been developed in full including road, sidewalk and servicing connections. • Parkland Dedication The applicant must provide an appropriate cash -in -lieu contribution for parkland. • Extension of Kenneth Cole Drive Kenneth Cole Drive must be extended to the north limit of the proposed subdivision and must be constructed to a full urban standard so that it can connect to the Type "C" Arterial north of the subject lots sometime in the future. • Soils Management Plan Every effort must be made to minimize the importing and exporting of fill material. Should Site Alteration Works be necessary, in advance of the draft approval, a permit is required from the Municipality, under Site Alteration By-law 2008-114. Should Site Alteration Works be necessary, a Soils Management Report shall be submitted to the Director of Engineering Services for approval. 10.2 Emergency and Fire Services The Emergency and Fire Services Department have no objection. 11. Discussion 11.1 The lands are located in the furthest north portion of the Northglen Neighbourhood. The proposed draft plan is consistent with the lotting and road pattern of the Northglen Neighbourhood Design Plan. 61 Municipality of Clarington Report PSD -006-17 Page 10 11.2 The transportation maps in both the Region of Durham and Clarington Official Plans identify an east -west Type C Arterial on the urban area boundary between Regional Road 57 and Liberty Street. The plan makes provision for a local road, Kenneth Cole Drive to be extended to the north limits of the plan and connect to the Type C Arterial sometime in the future. The applicant will be required to build that portion of Kenneth Cole Drive from the north portion of Bruce Cameron Drive to the urban area boundary. The road will be barricaded and will not be maintained. This will establish property boundaries and the abutting residential lot side yards will be finished. 11.3 The applicant has negotiated a fence along the rear of the lots fronting onto Bruce Cameron Drive with the abutting land owner to the north (Bouma). It is not a requirement of the Municipality and is not a Condition of Draft Approval, however the builder must add warning clauses in Agreements of Purchase and Sales advising new purchasers that the fence is in the ownership of the landowner to the north (Bouma) and shall not be tampered with. 11.4 Development of this draft plan cannot proceed until Phase 3, immediately to the south is serviced with water, sanitary sewer, storm sewer, all utilities, and until sidewalks and road are constructed. The registration of Phase 3 must occur simultaneously with the registration of this draft plan of the subdivision. 11.5 Residents Concerns Intersection Improvements and Speed The reconstruction of the intersection at Regional Road 57 and Concession Road 3 commenced in November 2016 and will continue into the spring. Traffic signals will be installed in the very near future. To further improve the intersection, the Region intends to remove the bend on Regional Road 57 in 2018 subject to the approval of Regional Council for the expenditure of funds. Regional Road 57 is a Type A Arterial Road and has a posted speed of 80 km/h. The intersection improvements at Regional Road 57 and Concession Road 3 should help address traffic operational and safety issues. Once the improvements are completed, the Municipality will be installing a multi -use path between the intersection and the turning circle at Old Scugog Court. This will provide a pedestrian/cycling connection to destinations north and south. Old Scugog Road is a rural road with a posted speed of 50 km/h. The road was resurfaced in 2014, however as with any rural road sidewalks were not installed. The road surface was painted with lines so that each lane is three metres wide, which visually narrows the road surface and tends to slow traffic. 62 Municipality of Clarington Report PSD -006-17 Well Interference Page 11 Some residents in the Old Scugog Road estate residential subdivision have experienced impacts to their wells as a result of dewatering for the installation of services in Phase 2. Five wells were impacted all of which were dug not drilled wells. The developer did provide potable water to each effected homeowner when requested in accordance with the Region of Durham Well Interference Policy. In the spring of 2016, five new wells were drilled at the applicant's expense. All developers in the Northglen West are monitoring wells within a 500 metre radius from the point of dewatering, where the homeowners have permitted monitoring. Going forward, if more wells are impacted as a result of development, this issue will be dealt with through the Region of Durham Well Interference Policy at the time a complaint comes forward. 11.6 The Holding (H) symbol will be applied on the proposed zoning to ensure adequate access and services are in place prior to development and the appropriate by-law will be forwarded to Council to lift the symbol when the appropriate conditions are met. 11.7 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. 12. Conclusion In consideration of the findings of all supporting studies, agency and resident comments and based on review of the proposal, staff recommend approval of the proposed draft plan of subdivision, including Conditions of Draft Approval (Attachment 2) and Zoning By- law amendment (Attachment 3). 63 Municipality of Clarington Report PSD -006-17 Page 12 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clif ord., MPA, CMO Director of Planning Services Interim CAO Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike(oo)_clarington.net Attachment 1: Proposed Draft Plan of Subdivision Attachment 2: Conditions of Draft Approval Attachment 3: Zoning By-law The following is a list of the interested parties to be notified of Council's decision: Richard and Trudy Bouma 2265719 Ontario Inc. c/o Domenic Tassone Derek Bastmeyer Hannu Halminen Ken and Judy Gray Karen Paplinskie Alexander Guevara Kirk Kemp Scott Waterhouse, Candevcon CS/CP/df I:\^Department\LDO NEW FILING SYSTEMWpplication Files\SC Subdivision\S-C 2015\S -C 2015-0002 North- Northglen\Staff Reports\PSD-006-17.docx • Municipality of Clarington Attachment 1 to Report PSD -006 41 bull PP i e bud ll* ®®I c� eg Ln tl `yI '8 Q z ..-{O� n O _ _ •_S O a O ■ °� r�i .$'' a B a ' i; ' ' ■, n S BLO Z ■ m N {�' o 'o {ply 0 9 .a loilo;loxlvslry aa. W ■ {r BLoa, OeG {OP 0 I I go 0 o cb �'(n ■ � z .N ----------- } .– _. 7,__-----_^ ``•,----____ U U * �. y n`i „n■ �,�,, ,y"`��r "va�'�.;n, r I Z • :; pR O ° ' aiw= ss[_ r { [� ''S r 2 ' r+: ~ _� H�• .e +� F iar " n Q, Awl _ o al o a 1¢; - 1 14 ' " ' - �i . 4 - ° + ■ rLsJi S 'o - wi p .� °d` �..S,.i i �Ui o i' ' { iz{ 1.r --L, `>I I I 11'1 `. {o{ y ■ g 7 { e �a e i f ice{ w 97°■ �" = I a S• 11 mi ■■ p■■ i i ?:m • l i i ` "{ f l l l l III 1 1 i i = i < rapi osl • ��� i R $ $ ° {sari `7 r'� • -� 7 iw'� -1_{ I, S , s.ri laxlmla.lrsl ra sa lacl°xlocl _. rl • n Q 1 t" ws� o'o ro ai�9 rr ' i W....... ... C o ,o N.......Q..d.O..a -1 d N 0 1 9---_..-- .t.ma -- — — -- ..r 65 -17 Z Or= OC rg°rrr.r LL m 01 $ N V Z a£ ng gE �0 Y $ 4 a � Q M U M¢ -9 . o.• qs d$ Attachment 1 to Report PSD -006 41 bull PP i e bud ll* ®®I c� eg Ln tl `yI '8 Q z ..-{O� n O _ _ •_S O a O ■ °� r�i .$'' a B a ' i; ' ' ■, n S BLO Z ■ m N {�' o 'o {ply 0 9 .a loilo;loxlvslry aa. W ■ {r BLoa, OeG {OP 0 I I go 0 o cb �'(n ■ � z .N ----------- } .– _. 7,__-----_^ ``•,----____ U U * �. y n`i „n■ �,�,, ,y"`��r "va�'�.;n, r I Z • :; pR O ° ' aiw= ss[_ r { [� ''S r 2 ' r+: ~ _� H�• .e +� F iar " n Q, Awl _ o al o a 1¢; - 1 14 ' " ' - �i . 4 - ° + ■ rLsJi S 'o - wi p .� °d` �..S,.i i �Ui o i' ' { iz{ 1.r --L, `>I I I 11'1 `. {o{ y ■ g 7 { e �a e i f ice{ w 97°■ �" = I a S• 11 mi ■■ p■■ i i ?:m • l i i ` "{ f l l l l III 1 1 i i = i < rapi osl • ��� i R $ $ ° {sari `7 r'� • -� 7 iw'� -1_{ I, S , s.ri laxlmla.lrsl ra sa lacl°xlocl _. rl • n Q 1 t" ws� o'o ro ai�9 rr ' i W....... ... C o ,o N.......Q..d.O..a -1 d N 0 1 9---_..-- .t.ma -- — — -- ..r 65 -17 Municipality of Clarington CONDITIONS OF DRAFT APPROVAL File Number: S -C-2015-0002 Date: November 28, 2016 Part 1 - PLAN IDENTIFICATION Attachment 2 to Report PSD -006-17 The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C-2015-0002 prepared by Candevcon Limited identified as job number E15027, dated October 2016, which illustrates 70 single detached dwellings, landscape strip, road widenings and reserves. 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 http://clarington.net/documents/planning/subdivision-agreement-feb20l4.pdf 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.4 (1) The Owner shall be 100% responsible for the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services . • Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, dust control and road damage. After registration of a subdivision agreement, the provisions of the Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3 - FINAL PLAN REQUIREMENTS 3.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Kenneth Cole Drive (b) Bruce Cameron Drive (c) Henry Smith Avenue 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Reserves • A 0.3 metre reserve shown as Block 84 on the draft plan. (b) Landscaping Strip • A landscaping strip shown as Block 86 on the draft plan. 67 3.3 The Owner shall transfer to the Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widening • A road widening shown as Block 87 on the draft plan. (b) Reserves • A 0.3 metre reserve shown as Block 85 on the draft plan. Part 4 —PLANS AND REPORTS REQUIRED PRIOR TO SUBDIVISION AGREEMENT/FINAL PLAN REGISTRATION 4.1 The Owner shall submit the following plans and report or revisions thereof: Phasing of Development (1) The Owner acknowledges that the development of draft plan is premature until the lands situated between the draft plan land and Draft Approved Plan of Subdivision S -C 2007-0004 have been developed in full including road, sidewalk and servicing connections. (2) The Owner acknowledges that Blocks 71 to 83 must meld with lots in Draft Approved Plan of Subdivision S -C 2007-0004. Building permits will not be available until the lots and blocks have been melded through the registration of both draft plans. Noise Report (3) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled Noise Impact Study Northglen West-Bouma Lands, prepared by YCA Engineering Limited, dated May 12, 2015, Project No. Y1411A. Functional Servicing (4) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation. Community Theme Plan (5) The Owner shall submit an updated "Community Theme Plan" entitled the Northglen Neighbourhood Landscape Master Plan, by Ferris and Associates Inc. to the Director of Planning Services and Director of Engineering Services for approval. The updated plan shall include design concepts for a community theme including gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space buffers. All Engineering Drawings shall conform with the approved Community Theme Plan. Environmental Sustainability Plan (6) The Owner shall submit a Environmental Sustainability Plan to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. The plan shall include the location of a shade tree, or provision for a voucher from a local nursery to allow the purchaser to acquire a shade tree to provide passive solar gain during the various seasons. Soils Management Plan (7) 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 Well Monitoring (8) The Owner shall retain a qualified person to prepare a well monitoring program which identifies any effects of the development on adjacent wells and groundwater conditions. The well monitoring program shall collect data based on pre, during and post construction water quantity and water quality. On-site grading shall not be permitted until the well monitoring program is submitted and deemed satisfactory to the Director of Engineering Services and the Region of Durham. 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 5.1. of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount represents the equivalent of 1 hectare per 300 dwelling units included in the draft plan and shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision S -C-2015-0002. Noise Attenuation 5.2 (1) The Owner shall implement the noise attenuation measures recommended it the updated noise report entitled Noise Impact Study Northglen West-Bouma Lands, prepared by YCA Engineering Limited , dated May 12, 2015, Project No. Y1411A. (the "Noise Report"). (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for any building are in accordance with the Noise Report. Extension of Kenneth Cole Drive 5.3 Kenneth Cole Avenue may eventually be extended to lands north of the proposed draft plan of subdivision. The portion of Kenneth Cole Avenue north of Bruce Cameron Drive and within the limits of the draft plan must be constructed to a full urban standard (curbs, sidewalks, asphalt, drainage, boulevard topsoil and sod, and streetlighting) and will be barricaded on the north side of Bruce Cameron Drive to the satisfaction of the Director of Engineering Services. Temporary Turning Circles 5.4 Where proposed road connects to existing temporary turning circle, the Owner shall restore all areas to municipal standards. This includes curbs, sidewalks, asphalt, drainage, boulevard topsoil and sod, street trees and streetlighting relocations, all to the satisfaction of the Director of Engineering Services. Decommissioning of Wells 5.5 Prior to registration, the Owner shall provide confirmation to the Director of Planning Services that all wells on site were decommissioned in accordance with Ontario Regulation 903. Wells Interference 5.6 If an Appropriate Authority (Ministry of Environment and Climate Changes, Region of Durham and/or the Municipality of Clarington) determines that a well or private water supply of any person(s) outside the draft plan is interfered with or dewatered as a result of the construction or installation of underground works: (i) where the interference to a well or private water supply is of short term duration (i.e. excavation, in the opinion of an Appropriate Authority, the Owner at his expense shall make available to the affected party(s), a temporary supply of water at no cost to the affected party(s); and (ii) where in the opinion of an Appropriate Authority the interference to a well or private water supply is of a long term duration, the Owner at its cost shall provide a new well or private water system for such affected party(s) so that water supplied to the affected party's property shall be of a quality and quantity 70 of water enjoyed by the affected party(s) prior to the interference, as may be required by the Appropriate Authority and by written notice given to the Owner. Part 6 — AGENCY CONDITIONS 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) The Region shall be satisfied that sanitary sewer and water supply services have been installed, or shall be installed, in the abutting/adjacent plan of subdivision S -C-2015-0002. (4) All land dedications, easements, sight triangles and reserves as required by the Region for this development must be granted to the Region free and clear of all encumbrances and in a form satisfactory to the Region's Solicitor. (5) 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) Prior to final approval, the Owner is required to submit a signed Regional Reliance Letter and Certificate of Insurance. Alternatively, a signed Record of Site Condition (RSC) may be submitted to the Ministry of Environment and Climate Change (MOECC). Should a RSC be filed, the Region will require a copy of it and any other supporting documentation, including MOECC's Acknowledgement Letter. (7) The Owner shall agree in the Clarington Subdivision Agreement to implement the recommendation of the report, entitled "Noise Impact Study Northglen West-Bouma Lands, Part Lot 14, Concession 3, Municipality of Clarington" prepared by YCA Engineering, dated May 12, 2015 which specifies noise attenuation measures for the development. These measures shall be 71 included in the Subdivision Agreement and must also contain a full and complete reference to the noise report (i.e author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. (8) The Owner shall carry out an archeological assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Tourism, Culture and Sport (MTCS). No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry. 6.2 Conservation Authority (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: (a) The intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines; (b) The intended means of providing water quality treatment for the site in accordance with provincial guidelines; (c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works; and (d) Details on the types and use of Low Impact Development (LID) measures to be implemented within the development to assist in reducing stormwater runoff and encouraging infiltration. (2) That, the downstream infrastructure is in place to accommodate the stormwater drainage from this development, including necessary road works for the overland flow routes. (3) That, the owner shall install non -gated fencing along the eastern boundary of lots 28 through 30 where the boundary is adjacent to the woodland, to the satisfaction of CLOCA and the Municipality of Clarington. (4) 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. 72 (5) 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 Conditions 6.1, 1, 2, 3 and 4 to the satisfaction the Central Lake Ontario Conservation Authority. b. The Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operating in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. c. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on-site works. 6.3 School Board (1) All Subdivision Agreements for the subject draft plan between the Municipality of Clarington and the Subdivider contain a requirement that all Purchase and Sale Agreements for all phases of the approved draft plan contain a clause advising all potential purchasers that if eligible for busing in accordance with school board policy, students residing in the subdivision will be required to access busing at a centralized stop at Regional Road 57 where it intersects with a main road access the subdivision. Once the internal subdivision roads are assumed by the Municipality, the school board transportation authority, Student Transportation Services of Central Ontario, will conduct a review to determine if an internal bus stop location can be provided for". 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. 73 (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). Utilities 6.5 (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Engineering Services. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7 — STANDARD NOTICES AND WARNINGS 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 74 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 2, 57 to 61 and 69: "Purchasers are advised that sound levels due to increasing road may interfere with some activities of the dwelling occupants and the outdoor sound level as the sound levels will exceed the Ministry of Environment and Climate Change noise criteria." (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 1, 57 to 61 and 70: "The dwelling unit located on this lot has been equipped with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the limits recommended by the Ministry of the Environment and Climate Change noise criteria (Note: the location and installation of the outdoor air conditioning device should be done as to comply with noise criteria of MOECC publication NPC -216 Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property)". (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 2 and 69: "This dwelling unit was fitted with ducting to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of Ministry of Environment and Climate Change publication NPC -216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property)." (4) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots1 and 70: "Purchasers/tenant are advised that despite the inclusion of noise control features in the development and within the buildings units, sound levels due to increasing road traffic may on occasions interfere with some 75 activities of the dwellings occupants as the sound level will exceed the Municipality's and the Ministry of Environment and Climate Change's noise criteria. Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for All Lots: "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." Catchbasins The Owner shall include the following notice in agreements of purchase and sale for Lots 22, 23, 26, 27 and 30: "Catchbasin — A catchbasin and associated underground piping has been installed on this lot. The catchbasin is designed to accept drainage from this lot and adjacent lots. The property owner must not impede or alter the catchbasin or the drainage patterns in any way." Noise Attenuation Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 1 and 70: "Noise Attenuation Fencing - Noise attenuation fencing is a required feature for this lot to assist in reducing the noise levels to comply with Ministry of the Environment standards. This fencing must be located on the private property portion of the lot and must be designed and constructed in compliance with the recommendations of the noise attenuation report prepared by YCA Engineering dated May 15, 2015. The maintenance of this fencing is the responsibility of the owner of the lot after the developer has been released from any further responsibility for the fence." Wood Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 1 to 27: "Wood Fencing —Wood fencing is a required feature between this lot and the adjacent private land owner. This fencing is located on the private land owner's property and will be maintained by that owner after the developer has been released from any further responsibility for the fence." 76 Environmentally Sensitive Lands The Owner shall include the following notice in agreements of purchase and sale for Lots 28 to 30 (inclusive): "Environmentally Sensitive Lands - Purchasers are advised that the lands abutting these lots are privately owned and Environmentally Protected. Chain link fencing is a required feature between this lot and the adjacent private land owner. No gates are permitted in the fence. Purchasers may not dump any material, debris or grass clippings on these lands. Purchasers shall not drain swimming pool water or spa water directly on these areas. Water should be directed to the road." Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: "Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision." Part 8 - CLEARANCE 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning Services shall be advised in writing by, (a) the Region how Conditions 2.2, 3.3, 4.1(3),5.2, 6.1 have been satisfied; (b) Central Lake Ontario Conservation, how Conditions 6.2 have been satisfied; (c) Kawartha Pine Ridge District School Board how Conditions 6.3 have been satisfied; and (d) Canada Post, how Conditions 6.4 have been satisfied. Part 9 - NOTES TO DRAFT APPROVAL 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within three (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. 77 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (c) Kawartha Pine Ridge District School Board, 1994 Fisher Drive, Peterborough, Ontario K9J 6X6 (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 2015\S -C 2015-0002 North- Northglen\Staff Reports\PSD-006-17 Attachment 2.docx Attachment 3 to Municipality of Clarington Report PSD -006-17 The Corporation of the Municipality of Clarington By-law Number 2017 - 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 to permit the development of 70 single detached dwellings on the subject lands (ZBA 2015-0014); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "13.4.55 "Urban Residential Exception (R2-55) Zone" Section 13.4.55 is further amended by adding a new section e. iii) as follows: e. iii) Where a side yard abuts a 0.3 metre reserve and a landscaped strip in municipal ownership between an individual lot and a public road allowance, the side yard setback can be reduced to 1.2 metres." 2. Schedule "Y (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone to "Holding — Urban Residential Exception ((H)R2-54) Zone" "Agricultural (A) Zone to "Holding — Urban Residential Exception ((H)R2-55) Zone" "Agricultural (A) Zone to "Holding — Urban Residential Exception ((H)R2-57) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of the By-law. 4. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. By -Law passed in open session this day of , 2017 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC Subdivision\S-C 2015\S -C 2015-0002 North- Northglen\Staff Reports\PSD- 006-17 Attachment 3-By-law.dou 79 This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. . _ BRACE CAMERON DR. BRUCECAMERON DRLO a 0 -- w -- — < HENRY SMITH AVE. U Q Lij U O_ II V - �� Z - r~ a W i o O � � RL10E CAMERON DR. r� LU gRl10E CAMERON III _ p Z - - y - - -r – _�- j 77 7- ' L' WILLIAM FAIR DR. JOHN MATTHEW CRES. FRED JACKMAN —F--) AV � �c O Zoning Change From 'A' To '(H)R2-54' Zoning Change From 'A' To '(H)R2-55' /fN Zoning Change From 'A' To '(H)R2-57' Adrian Foster, Mayor BowmanVllle • ZBA 2015-0014 + Schedule 3 C. Anne Greentree, Municipal Clerk Clarbgton Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: January 9, 2017 Report Number: PSD -007-17 Resolution Number: File Number: ZBA2015-0015 and COPA2015-0005 By-law Number: Report Subject: An Application by Deborah and Oswin Mathias to permit special events, farm tours, meat processing and sales on an agricultural property — 3582 Morgans Road, Clarke Recommendations: 1. That Report PSD -007-17 be received; 2. That Official Plan Amendment 108 as contained in Attachment 1 be adopted and that the necessary By-law be passed; 3. That the Zoning By-law Amendment application submitted by Deborah and Oswin Mathias be approved as contained in Attachment 2 to Report PSD -007-17; 4. That a Zoning By-law Amendment to remove the "Holding (H)" be forwarded to Council at such time as the applicants have entered into a development agreement for the agri- tourism use on the subject lands; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -007-17 and Council's decision; and 6. That all interested parties listed in Report PSD -007-17 and any delegations be advised of Council's decision. W Municipality of Clarington Report PSD -007-17 Report Overview Page 2 This report recommends approval of the applications to amend the Clarington Official Plan and Zoning By-law to permit agri-tourism uses, including seasonal special events, farm tours and the processing and sale of meat on a 40 acre agricultural property located at 3582 Morgans Road, Clarke. 1. Application Details 1.1. Owner: Deborah and Oswin Mathias 1.2. Applicant: 1.3 Proposal: 1.4 Area: 1.5 Location: 1.6 Roll Number: 1.7 Within Built Boundary: 2. Background Clark Consulting Services The applicant is proposing to establish farm -related agri-tourism uses as follows: • Special events including weddings and family celebrations accommodating up to 233 patrons in a designated outdoor event area. • Processing of meat raised on-site (meat smoking, barbeque, sausage making) and the sales of meat products. • Educational farm tours including sheep shearing, wagon rides and hand feeding Iambs. 16.2 hectares. Part Lot 17, Concession 3, Former Township of Clarke 3582 Morgans Road, Clarke. 181703003016520. M9 2.1. On August 7, 2015, the applicant submitted the referenced rezoning for an existing agricultural property in the former Township of Clarke. On September 3, 2015, the applicant submitted an application to amend the Clarington Official Plan (see Figure 1). Municipality of Clarington Report PSD -007-17 Page 3 Figure 1: Site Location and Proposed Site Plan The proposal is to permit agri-tourism uses on a farm property including weddings and family celebrations as well as educational farm tours and sales of meat raised and processed on-site. The proposed uses were presented as being accessory and directly related to the existing farm operation including the serving of meat raised on-site to guests of the events. Educational farm tours and farm gate sales of on-site farm products are considered normal components of a farm operation and are currently permitted on the subject site without the need for amendments to the Official Plan or Zoning By-law. On- farm special events are not permitted in the 1996 Clarington Official Plan or Zoning By- law for the subject property, therefore this component of the proposal is subject to an Official Plan amendment and rezoning. The Official Plan Amendment 107 adopted November 1, 2016, contains policies regarding agri-tourism in both Prime Agricultural Areas and Rural Areas. Municipality of Clarington Report PSD -007-17 Page 4 2.2 A public meeting for the proposed Official Plan amendment and rezoning was held on October 25, 2015. Eight local residents appeared in opposition to the applications and a petition with 44 signatures in opposition was presented. The issues raised in objection by the residents and as noted in the petition related to the special events and not with the proposed farm tours or meat sales. The main concerns raised were: 1) the small scale of the existing farm operation and that proposed special events would become the primary use of the property; and 2) the overall compatibility of the proposed events in the rural area. In considering the staff report at the public meeting Committee and Council requested the Agricultural Advisory Committee of Clarington be consulted on the definition of agri- tourism by considering issues of compatibility between agricultural uses and secondary uses. 2.3 At its meeting held on January 14, 2016, the Clarington Agricultural Advisory Committee of Clarington reviewed the definition of agri-tourism and information previously recommended by the Committee that had been included in the `Countryside Discussion Paper (2013)' to be used in the evaluation of proposed agri-tourism activities. The Committee has defined agri-tourism as consisting of special events (weddings, family reunions, etc.), agri-education (on farm tours) and agri-culinary activities. The Committee also agreed with the Ontario Ministry of Agriculture, Food and Rural Affairs' (OMAFRA) Draft Guidelines of Permitted Uses in Ontario's Prime Agricultural Areas in regards to on- farm diversified uses. The Committee agreed that on-farm diversified uses be restricted to 2% of the lot area and that compatibility address traffic, noise, compaction of soil, lights and potential trespass. These Guidelines are intended to assist municipalities to interpret the policies in the 2014 Provincial Policy Statement. The final version of these Guidelines have since been released by OMAFRA and are consistent with the Draft Guidelines regarding its recommended review criteria for on-farm diversified uses. 2.4 On April 18, 2016 the applicant submitted a revision to the proposal by presenting the special events use as the addition of a new rural land use that should be evaluated according to its compatibility with the rural area rather than according to criteria that focuses on its relationship to agriculture since the subject property is located outside of a Prime Agricultural area. Additionally, the proposal was revised to include a new driveway located to the north of the existing driveway and directly in line with Cowanville Road that would be dedicated to the special events use. The revision also proposes to use mobile washroom facilities on a temporary basis in place of a septic system. 3. Land Characteristics and Surrounding Uses The subject lands are 16 hectares in area with approximately 10 hectares being tillable lands that are used for growing hay, pasture and for housing farm animals. The northern portion of the lands include approximately 6 hectares of forested land including the Graham Creek which bisects the northern area of the subject site and is unusable for farming. There is a stocked pond on the east side of the property (see Figure 1 previous page). In addition to the single -detached dwelling, there is detached garage, a barn, a Flor Municipality of Clarington Report PSD -007-17 Page 5 Quonset -style farm-implement/hay building and a small accessory shed (see Figure 2 & 3 below). Figure 2: Photograph of existing building proposed to be used for events Figure 3: Photograph of Subject lands with barn, looking west towards Morgans Road 85 Municipality of Clarington Report PSD -007-17 Page 6 3.1 The surrounding uses are as follows: North - Graham Creek and extensive wooded area; existing rural residential dwelling South - Existing agricultural field and rural residential dwellings East - Graham Creek and wooded area; existing rural residential dwelling and an existing auto wrecking facility located approximately 230 metres from the site on Cowanville Road West - Existing agricultural field 4. Provincial Policy 4.1 Provincial Policy Statement, 2014 (PPS) The subject lands are located in the "Rural Areas" which encourages opportunities to support a diversified rural economy by promoting and protecting agricultural uses and on- farm diversified uses (which includes agri-tourism uses) in accordance with provincial policies. Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. The provincial policies referred to above includes OMAFRA's Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas (2016) which is a companion document to the PPS created to provide direction to municipalities in interpreting the PPS. In the case of the subject proposal, these Guidelines assist in interpreting the PPS definition and policies related to on-farm diversified uses. Although the Guidelines focus on lands within "Prime Agricultural Areas" they are noted to also have relevance to Rural Areas as the PPS provides that on-farm diversified uses are to be considered in both Rural and Prime Agricultural areas in accordance with provincial policies. "On-farm diversified uses" are defined as uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products. "Agri -tourism" means those farm -related tourism uses, including limited accommodation such as bed and breakfast, that promote the enjoyment, education or activities related to the farm operation. 4.2 Greenbelt Plan The subject lands are located within the "Rural Areas" of the Greenbelt Plan. Rural Areas are typically characterized by a mixture of agricultural lands, natural features and recreational and historic rural land uses. A full range of agricultural, agricultural -related and secondary uses are supported and permitted in rural areas. Furthermore, rural areas support and provide the primary locations for a range of recreational, tourism, institutional and resource-based commercial/industrial uses. Municipality of Clarington Report PSD -007-17 Page 7 "Secondary Uses" are defined as uses that are secondary to the principle use of the property, including but not limited to, home occupations, home industries and uses that provide value-added agricultural products from the farm operation on the property. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands "Major Open Space Areas" of the "Greenlands System". The predominant use of Major Open Space Areas are for conservation, and a full range of agricultural, agricultural -related and secondary uses. The establishment of non-agricultural uses including agri-business may be permitted subject to the applicable policies of the Regional Plan. 5.2 Clarington Official Plan The 1996 Clarington Official Plan designates the subject lands as General Agricultural Areas, Environmental Protection Areas and Green Space. General Agricultural Areas are to be used predominantly for farm and farm -related uses. The proposed land uses are intended to be focused in the areas of the property that are designated as General Agricultural Areas with no land use change proposed in the Environmental Protection Areas or Green Space. The policies of the General Agricultural Area in the 1996 Official Plan allow for farm - related industrial/commercial uses and home industry uses which would permit the meat processing and educational farm tours. However, a special event facility would not be permitted, therefore, an amendment to the General Agricultural Area policies is required. 5.3 Clarington Official Plan as amended by Amendment 107 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. The Council adopted Official Plan Amendment 107 (2016) designates the subject property as Rural and Environmental Protection. The proposed land uses are within the portion of the property designated as Rural Areas. The amended Policies permit agri-tourism uses in Rural. The new policies permit on-farm diversified uses, including agri-tourism uses subject to a Zoning By-law Amendment and provide that such uses are located on, and secondary to the principal agricultural use, are limited in area, are compatible with existing land uses, do not conflict with agricultural operations and conform to all Minimum Distance Separation (MDS) setbacks. Municipality of Clarington Report PSD -007-17 6. Zoning By-law Page 8 Zoning By-law 84-63 zones the subject lands "Agricultural (A)" and "Environmental Protection (EP)". The proposed land use change is intended only within the portion of the property that is zoned Agricultural. The Agricultural zone permits a single detached dwelling and non-residential uses including a farm. The proposed special event use is not permitted therefore an amendment to the Agricultural zone is required. 7. Summary of Background Studies 7.1 Revised Planning Justification Report A Planning Justification Report was submitted in support of the proposed Official Plan and Zoning By-law Amendments. A revised Planning Justification Report was received subsequent to the public meeting that added further information in response to issues raised at the public meeting while framing the proposal as being an addition of a new rural land use while deemphasizing its relationship to agriculture. The following arguments were made in the revised report: • The subject property is located in a rural area that is not designated as a Prime Agricultural Area, therefore the proposed special events use should be evaluated according to its compatibility to the rural area instead of evaluating the use strictly as an agricultural -related land use using a framework of analysis created for Prime Agricultural Areas. • The special events can be considered as an `Other Rural use' in accordance with Policy 1.1.5.8 of the PPS (2014). • The special events use meets Provincial policy objectives of diversifying the rural economic land base by leveraging rural assets. • The primary use of the property is farming. • The special events are an on-farm diversified use that can be considered secondary to the principal farm operation as it is dependent on the farm ambiance, will serve meat produced on the farm and will also support local farm operations by serving locally sourced foods. Additionally the special events will only be held seasonally while the farm use is year round. • The area of land to be used for the proposal was reduced from 4% of the area of the property to 2.2%. • The farm was purchased by the owners in 1989 and has been classified as an agricultural operation since then with the primary farming activity consisting of the raising of livestock on pasture and the growing of hay. • The special events use will be entirely located on low productivity soils and will not remove land from agricultural production. Municipality of Clarington Report PSD -007-17 Page 9 A new alternate entrance located directly across from Cowanville Road has been assessed and recommended by the applicant's engineer which will accommodate the proposed uses and meet all sight line requirements. A preliminary noise assessment has been conducted by a consultant which indicates that the proposed use with mitigation would meet the noise requirements and that the complete assessment will be undertaken as part of a subsequent site plan application. Revised Canada Land Inventory (CLI) mapping showing Canada Land Inventory soils on the subject property. All land proposed for events are indicated to be outside Canada Land Inventory soil area. 7.2 Hydrogeological Assessment Report A hydrogeological Assessment Report conducted by Geo -logic (June 25, 2015) was submitted by the applicant for the purpose of evaluating the availability of groundwater supplies and evaluating the suitability of the planned land use for up to 299 people in relation to the available groundwater resources. The following conclusions were reached: There is sufficient groundwater availability from the existing well to accommodate the proposed uses. The site is not considered to be hydrologically sensitive and the site is suitable for the construction of a septic waste disposal system. Regional Health Department approval would be required for a septic system where the septic effluent for the site is less than 10,000 L/day. In order to remain within this limit, the proposed events can accommodate a maximum of 233 guests and the existing home. Should the effluent exceed this value, an Environmental Compliance Approval (ECA) will be required from the Ministry of Environment and Climate Change. Based upon the subsurface conditions in the area of the proposed leaching bed (west of the existing Quonset structure), it is recommended that the waste disposal system be designed as fully raised bed systems. 7.3 Archaeological Assessment A Stage 1 Archaeological Assessment was submitted by the applicant which recommended that the subject property undergo a Stage 2 assessment as the property is considered to have high archaeological potential. Municipality of Clarington Report PSD -007-17 8. Public Submissions Page 10 At the public meeting held on October 25, 2015, eight residents addressed the Planning and Development Committee. There were no objections stated regarding the proposed educational farm tours or sales of farm products raised on site. Rather objections and concerns were raised regarding the proposed special events and focused on the scale of the existing farm operation, whether the special events could truly be considered a secondary land use, compatibility in the rural area and site servicing. Resident concerns from the public meeting and submissions are summarized as follows and are addressed in Section 11 as referenced next to each point below. Scale of existing farm operation • Due to the small scale of the farm operation and a lack of livestock seen on the property in 2015, it is questionable whether there currently exists a bona fide farm operation that would consist of the primary land use. • The farm field was used for soya crops in 2015 and rented out to another farmer. • There is a limited amount of farm land that would support the raising of enough livestock to feed the number of event guests proposed. • The potential for bringing in food from external sources without limitations could decrease the need to sustain the farm operation. Special events as secondary to the primary farm operation • The time and amount of land devoted to the proposed uses relative to what should be the primary farming use must be considered. • If the existing farm buildings are both to be utilized for the events and meat sales then it is difficult to conceive how the events are secondary. • In 2015 the farm field was cultivated with soya instead of being used for pasture making the link between food from livestock raised on-site for serving at the proposed events unclear. • Potential for annual monitoring to ensure that there is always a farming operation and that the proposed uses remain secondary. • The quantity of food grown on site would only be sufficient to serve the demand derived from the events which would make the events the primary use. Compatibility Issues of noise, excessive traffic, parking, trespass and security, public intoxication, light pollution and the impact on the normal farm operations are concerns. The ability of Morgans Road to accommodate the volume of traffic for up to 233 guests. Soils mapping provided with the planning report did not accurately show the Canada Land Inventory soils on the subject property. ac Municipality of Clarington Report PSD -007-17 Site Servicing Page 11 Clarification is needed as whether the site will be serviced by a septic system or outhouses. Using outhouses may allow the number of guests to climb above 233 as the constraint limiting the number of guests was the site's septic capacity. Additionally, a petition containing 44 resident signatures was submitted at the public meeting. The petition states an objection to the farm -related agri-tourism proposal, specifically the special events venue as a secondary use. Prior to the public meeting staff had received inquiries and comments from five nearby landowners by email, phone and in person. In addition, a petition from 12 nearby residents was received by staff on October 2, 2015 outlining concerns and questions regarding the proposal. Some of the neighbours have reviewed the documents submitted in support of the application. The comments received were similar to those presented at the public meeting and also included concern that the applicants were proposing a slaughterhouse and overnight camping which staff clarified was not part of the proposal. An agricultural property owner located to the east of the subject property stated that their farmland is used for vegetable growing which requires the significant application of fertilizer, pesticide and herbicide especially in the early morning and evenings. The spreading of the chemicals during their application can be unpredictable due to winds which can create unpleasant odours over the subject lands and be unpleasant for guests should any proposed special event functions be taking place. 9. Agency Comments 9.1 Regional Municipality of Durham The Durham Region Planning Department has indicated that special events and farm tours appear to meet the definition of a secondary agricultural use as an agri-tourism use provided they operate on a part-time basis, are seasonally based, are based on the existing farm operation, use only meat produced on the farm and other food sourced from local area farms. Subject to the limitations in scale presented in the application, the application appears to conform to the Regional Official Plan. Any increase in the existing nature and scale of the uses proposed would be contrary to the Regional Official Plan. In addition, the Durham Region Planning Department has informed Staff that because high archaeological potential has been identified through the Stage 1 Archaeological Assessment prepared in support of this application, a Stage 2 Assessment is recommended to be conducted. As a condition of approval of the zoning amendment application, the Region will require a Clearance Letter from the Ministry of Tourism, Culture and Sport. A Holding ("H") provision should be implemented during the zoning amendment process to ensure compliance with the above. 91 Municipality of Clarington Report PSD -007-17 9.2 Durham Region Health Department Page 12 The Durham Region Health Department has indicated no objection to the approval of the applications, subject to a maximum total daily design sewage flow for the entire property of 9,988 litres/day. Any increase above 10,000 litres/day would require comment and approval by the Ministry of the Environment and Climate Change. The Health Department will review the engineer designed sewage system during the site plan approval process. The Health Department has also indicated that mobile washroom facilities would be permitted on a temporary basis over a period of not exceeding three years. Further comments regarding the proposed use of mobile washroom facilities will be provided at the site plan stage should the Official Plan Amendment and Rezoning application be approved. 9.3 Ganaraska Conservation Authority The Ganaraska Region Conservation Authority has no objection to the approval of this proposal. 10. Departmental Comments 10.1 Engineering Services Clarington Engineering Services have indicated that the existing entrance to the subject site does not have adequate stopping sight distance and cannot be utilized as a commercial entrance. The applicant has proposed an alternate entrance to be located directly across from Cowanville Road. Engineering Services staff are satisfied that there is sufficient visibility from this entrance to safely accommodate vehicles coming to and from the site. Additionally, Clarington Engineering Services staff have also indicated that Morgans Road will be capable of accommodating the volume of traffic generated from the proposed events and does not require a traffic study as part of this application. Engineering Services also provided a number of comments and conditions related to the future Site Plan Application. This includes typical comments regarding site alteration, grading and drainage, on-site parking, boulevard works including entrance construction and securities. 10.2 Building Division The Building Division has reviewed the applications and although they have identified no objection to the principle of the proposal, they have identified a number of significant issues that will need to be addressed at the Site Plan Application stage should the Official Plan Amendment and the Zoning By-law Amendment be approved. These issues include the need for the proposed event building and meat sales building to obtain a change of use permit before they can be used for any use other than agriculture. 92 Municipality of Clarington Report PSD -007-17 10.3 Emergency and Fire Services Page 13 The Emergency and Fire Services Department have no objection to the Official Plan Amendment and Zoning By-law Amendment, however, they have identified issues that will need to be addressed at the Site Plan Application stage. The covered event building may be considered an assembly building which would require on site water supply for firefighting. 10.4 Operations Department The Operations Department has no objection with the applications. 10.5 Accessibility Committee The Committee reviewed the submitted conceptual site plan and has offered preliminary site plan comments related to parking, washrooms and lighting. Should the applications be approved, these site plan comments will be reviewed with the applicant. 11. Discussion 11.1 The educational farm tours and farm gate meat sales component of the proposal are currently permitted as activities that are accessory to a farm operation. The farm tours are intended to take place mainly during the spring months and on holidays. The tours will focus on educating visitors on farming practices and will provide opportunities for interaction with farm animals. The farm gate meat sales activities will include value-added processing activities (meat smoking, barbeque, sausage making, and specialty cuts) and are meant to be sold to customers on a special order basis as well as to event guests. This does not include the establishment of an on-site retail shop or slaughterhouse. The proposed special events use is not currently permitted as part of a regular farming operation and requires the Official Plan and Zoning By-law amendment. 11.2 Both Provincial and Regional land use policies promote opportunities to support a diversified rural economy and have evolved to permit on-farm diversified uses (which includes agri-tourism uses) in both prime agricultural areas and rural areas, provided that the uses are secondary to the principal agricultural use, are limited in area and are compatible with the surrounding agricultural area. The Regional Official Plan allows for secondary uses to an agricultural operation but leaves the criteria for defining them to the local municipal Official Plan. Official Plan Amendment 107 adopted by Council contains policies permitting agri-tourism uses, which these applications are being reviewed against. However, it has not been approved by the Region and the 1996 Official Plan does not include policy by which to assess these types of land uses. 93 Municipality of Clarington Report PSD -007-17 Page 14 11.3 The proposed special events have been assessed in accordance with the framework included in the Countryside Discussion Paper (2013), OMAFRA's Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas, and the comments of the Agricultural Advisory Committee of Clarington. All such criteria provide similar measures that seek to ensure that agri-tourism proposals remain secondary to agricultural uses, protect normal farm practices, are limited in size and are compatible with the rural area. 11.4 Since the property on which the proposed special events are intended are not designated as Prime Agricultural lands, the applicant has presented the proposal as the addition of a new land use to a rural area and suggested it should be evaluated according to its overall rural compatibility rather than according to its relationship to the agricultural operation. This is based upon the perspective that rural areas possess a variety of existing uses and that agricultural soils are of a lesser quality than those found in Prime Agricultural Areas. For example, the area surrounding the subject property features rural residential homes, a bed and breakfast, an auto wrecking yard on Cowanville Road as well as agricultural uses on soils that range in quality. However, the PPS 2014 promotes a diversified economy in rural areas by ensuring that agricultural and other resource -related uses are protected. Other uses that are not related to agriculture or are not resource -related are encouraged to be situated in areas that won't place constraints on these primary uses. The exception is for uses that are secondary to the primary agricultural or resource - related use, such as on-farm diversified uses. Therefore, the proposed events venue cannot be assessed purely as the addition of a new rural land use without considering its connection to the farm operation. Further, as an agri-tourism use, the proposed special events are included in the definition of "on-farm diversified use" in the PPS 2014 and therefore would need to be assessed according to criteria established for reviewing on-farm diversified uses which requires the use to take place on a farm and to be secondary to the farming operation. Location of agri-tourism use on a farm 11.5 In order to be considered a secondary use, on-farm diversified uses must be located on a property that is actively being farmed as the primary use and where there is an expectation of financial gain to the landowner from the agricultural production. Concerns were raised at the public meeting that the property was not being farmed at a scale that would consist of a primary farming operation and that the special events use would become the primary use of the property. The OMAFRA Guidelines, address this by suggesting the farm must qualify for the Farm Property Class under the Assessment Act which requires that the gross annual income generated from the farming operation be at least $7,000. The annual tax for the subject property has been filed as a Farm Property Class as the owner sells meat products raised on-site to customers who currently pre- order and have the meat products delivered or are picked up at the butchers (Clark Meats in Newcastle). No further criteria has been established specifying that a farm has to be of a particular scale in order to be defined as a "farm" as a primary use. Instead the scale of the proposed on-farm diversified use - in terms of the amount of land it will use and the amount of time dedicated to it - must be assessed in proportion to the farming operation to determine whether the farm exists as the primary use of the property. MIA Municipality of Clarington Report PSD -007-17 Page 15 11.6 The agricultural use of the property has consisted of livestock raised on pasture which has existed since the current owners purchased the property in 1990. Staff was advised that in 2015, the fields were planted with soya beans for the purpose of soil rejuvenation which is required every 10 years due to poor soil quality. The fields were planted under contract, reseeded and fertilized in exchange for the use of the fields in 2015. Hay is the only other crop grown for the winter feeding of the animals. From 2011 to 2014 the fields have been used for pasture for the raising of livestock which has included cattle, sheep, goats, alpacas and llamas. After the soil rejuvenation of 2015, the fields have been returned in 2016 to pasture and hay for cattle. 11.7 Agri -tourism uses are meant to provide an opportunity to enable farm operators to diversify and supplement their income with the expectation that increased financial returns will strengthen the economic ability of the farmer to continue farming. It is expected that the farm operator and the operator of the diversified use would be from the same household to ensure that the returns generated from the agri-tourism use will be directed to and potentially partly reinvested into the farming operation. The renting out of a farm field under contract by the owner/operator of the agri-tourism use would not fulfil this intent. In this case, the owner of the farm rented out the farm fields in 2015 for soil rejuvenation, however, the property is typically farmed by the owner who is also the applicant for the agri-tourism use. The returns derived from the agri-tourism use may be used to reinforce the continued viability and potential expansion of the farming operation. Agri -tourism as a secondary use 11.8 The intent of requiring special events to be secondary is to ensure that the on-farm diversified use can co -exist with agriculture without conflict while recognizing the primacy of the agricultural use. In order to minimize agricultural land displaced by the special events and for the special events to be considered a secondary use they must be limited in relation to the farming use both spatially and temporally. 11.9 OMAFRA recommend limiting the amount of land dedicated to the on-farm diversified use to 2% of the lot area which would represent the total lot area that would be unavailable to agricultural production. This limitation has been supported by the Agricultural Advisory Committee of Clarington. The special event use would propose to utilize 2.2% or 0.35 hectares of the 16.2 hectare property. This figure includes the area dedicated to a new entrance and driveway (807 m2), parking (2,347 m2), the existing Quonset -style building (280 m2), a portion of the 241 m2 bank barn dedicated to meat preparation and sales (61 m2), temporary portable washrooms (26 m2) and portable kitchen (22 m2). With the exception of a future septic system, no new permanent structures are proposed and only the parking and driveway areas will be added that would displace land that could otherwise be utilized for agricultural production. The large agricultural field on the west side of the property will not be impacted by the event venue proposal rather the events will be concentrated in the areas of the property that are not currently in cultivation that surround the existing buildings and pathways. 95 Municipality of Clarington Report PSD -007-17 Page 16 11.10 The proposed 2.2% lot coverage maximum does not include the area for a future septic system which would need to be considered in the lot coverage calculation. Although the total area for the septic system has not yet been determined, the applicant has stated that it will not be located on high agricultural capability soil nor will it remove lands from agricultural use. The location and total size of the future septic system will be addressed through Site Plan Approval. 11.11 It should be acknowledged that the seasonal use of the existing farm buildings for the events will not permanently preclude them from use for agricultural purposes. The Quonset -style building that is intended for conversion to an event building will continue to be used to store farm implements and hay during the winter months when no events are to be held. The farm machinery that would typically be stored in the Quonset -style building is intended to be displayed in the open on the property for visitors to view as part of the overall farm experience during the event months. There will be an additional 185 M2 of storage space left over in the existing bank barn that is to be utilized to store farm equipment both during and beyond the event season. 11.12 The OMAFRA Guidelines suggest that the farm use must take precedence over the special event use, therefore, the timing and frequency of events must not negatively impact the normal farming practices both on the subject property and on surrounding properties. It is not anticipated that hosting special events on the property will have an impact on normal farm practices such as cropping cycles or on the spraying of crops. No products will be created that will impact farming on adjacent lands nor will odour or dust be generated by the proposed lands uses. The special events are proposed to take place on a seasonal basis over the spring to fall months inclusive while the farming use will continue as a year round activity and are therefore secondary from a temporal consideration. 11.13 Although the maximum lot coverage would limit the scale of the event venue operation, it does not adequately ensure that the event venue remains accessory and dependent on the primary farming operation. Since special events in general are not inherently dependent on the existence of a farm, it is conceivable that the farm use can cease thereby making the event venue the primary use of the property which was a concern noted at the public meeting. In order to ensure that this link is preserved and the event venue remain truly secondary and accessory to the farming operation, the site specific zoning amendment must provide that the event venue is only permitted as an accessory use to the farming operation. This would mean that if the primary farming use were to cease, the event venue would no longer qualify as an accessory use and would not be permitted to continue. 11.14 Concerns were communicated at the public meeting that the quantity of meat raised on site would only be sufficient to supply the demand created by event guests and therefore the events could not be considered a secondary operation. The concept of a secondary use does not require the consumption of only products from the farm. Other farm event venues do not raise any livestock but in most cases there is a farm atmosphere and an opportunity to utilize some farm produce (Bloomfield Farms, Events by Grace). Municipality of Clarington Report PSD -007-17 Page 17 11.15 The applicant maintains that the special events use will function as an added seasonal market for the meat raised on-site in addition to the existing year-round farm gate sales of meat that will continue by customer appointments. Therefore the demand for the farm's meat products won't be generated solely from the events but also from farm gate sales. Additionally, locally sourced produce will be brought in from off-site to supplement event menus as it would not be possible to grow the variety of food typically served at an event such as a wedding. This added demand for local food products is expected to have a positive local economic impact. 11.16 While the on-farm diversified use is to be secondary in scale, it could still be the primary profit centre for the farm. The income derived from the on-farm diversified use has the potential to increase the financial return to the farmer and result in improved viability of the existing farming operation. Compatibility of agri-tourism use with agriculture use and rural area 11.17 The events venue must be able to co -exist with and not hinder the agricultural operations. The area to be used for the special events is situated on land that is not in cultivation, therefore no additional land will be removed from agricultural production. All the buildings and structures associated with the special events including the mobile washrooms, temporary culinary facility, parking area, new driveway and the two existing farm buildings are located on lower productive agriculture soils classified as Canada Land Inventory 5 soil (CLI 5). Lands that are considered to be Prime Agricultural Lands as defined in the Greenbelt Plan have CLI 1-3 soils or are designated Prime Agricultural Areas in the Official Plan, neither of which is the case for the area proposed for the special events. 11.18 There are six livestock facilities within 1000 metres of the land proposed to be used for the events venue. In order to prevent potential land use conflicts between odour producing livestock operations on a neighbouring property and the proposed special event use, there must be sufficient distance between the two types of uses. A Minimum Distance Separation (MDS) calculation was completed by the applicant to determine the minimum required setback from the special events use to the existing livestock facilities within 1000 metres of the subject lands and it demonstrated that the proposed use complied with all recommended minimum setbacks to each livestock facility. The minimum required MDS setbacks and actual setback to each livestock facility are as follows: Barn Location MDS required setback Actual setback 3865 Morgans Road 156 metres 516 metres 4159 Concession Road 4 81 metres 785 metres 4146 Concession Road 4 165 metres 840 metres 4098 Concession Road 4 127 metres 885 metres 97 Municipality of Clarington Report PSD -007-17 Page 18 Barn Location MDS required setback Actual setback 4140 Concession Road 3 92 metres 899 metres 4160 Concession Road 3 154 metres 873 metres 11.19 The special events use must not adversely affect the ability for surrounding farms to carry on normal farm practices. A farmer located to the east of the subject property raised a concern that the spreading of manure and/or chemicals on the neighbouring farm can be unpredictable due to winds which can create unpleasant odours over the subject lands and be unpleasant for event guests. Spray drift is not expected to be an issue as there is a separation distance of approximately 228 metres from the neighbouring farm field to the proposed event building. In addition, OMAFRA suggests the use of best management practices for the application of pesticides and fertilizers is the responsibility of the person applying chemical to ensure no drift occurs on adjacent properties. 11.20 It is acknowledged that the proposed events venue must be limited in scale to limit potential impacts related to traffic, noise, light pollution and the privacy of neighbouring properties. The applicant will require site plan approval through which Staff will review the proposed development and contain provisions that noise is limited as much as possible and, if necessary, monitored at the applicant's expense, parking areas are well screened, any entrance lighting is directed away from neighbouring properties, the floor area used for the events is limited and the uses are secondary and accessory to the primary agricultural use of the property. 11.21 Typically, events will require the use of microphones, speakers and typical disc jockey equipment. The applicant indicates that music will generally end by 11:00 pm while events will end by no later than midnight, following which guests would be departing. The nearest dwelling on a neighbouring property is located approximately 240 metres to the east of the Quonset -style building in which the music will originate. A noise impact study would be required in support of the Site Plan Approval application, and it will provide recommendations on how best to manage noise to have the least impact. 11.22 The applicant has proposed 65 parking spaces to accommodate a maximum of 233 guests basing this number upon the Zoning By-law's minimum parking requirement for an assembly hall of one parking space for every four guests. At this ratio 59 parking spaces would be the minimum number required. Parking will only be permitted within the designated parking area on the property and will not be permitted along Morgans Road. Should a problem arise `No Parking' signs could be posted. Municipality of Clarington Report PSD -007-17 Page 19 Site Servicing 11.23 The applicant submitted a Hydrogeological Assessment Report (Geo -logic, June 2015) to determine the site's suitability in terms of available groundwater water quality and quantity which concluded that the site can accommodate a sewage system that would serve 233 patrons. Any additional capacity would require a larger sewage system that would require an Environmental Compliance Approval through the Ministry of Environment. The applicant has proposed to initially utilize one 10 stall enhanced mobile washroom facility on a temporary basis during the start-up period of the special events use. The Health Department advised that could function for a maximum of three years. The mobile washroom facility would be removed at the end of each event season. Should the special events use prove to be economically viable, a private septic system will be installed to serve the special events use in place of the proposed mobile washroom facility. Although the proposed maximum number of guests was initially constrained by the site's servicing capacity, the mobile washroom facility will not allow for an increase to the maximum number of guests as the maximum number of guests will be specifically restricted as much as possible through total floor area limitations and maximum parking requirements in the Zoning By -Law and the site plan agreement. Driveway and Entrance 11.24 The applicant has now proposed a new entrance directly across from Cowanville Road to function as the entrance for event guests. Clarington Engineering staff have conducted a site visit and are satisfied that the proposed new entrance will provide sufficient visibility and can function as a commercial entrance. Providing appropriate lighting to enhance safety at the proposed entrance will be considered at the site plan stage. 11.25 Concerns that Morgans Road would not be capable or appropriate to accommodate the increased volume of traffic generated by the events have been communicated by local residents. The Clarington Engineering Services Department have indicated that although this is a low volume road it will have the capacity to accommodate the expected increase in traffic volume. A traffic impact study was not required as part of this proposal. 11.26 It should be noted that the applicant will incur significant cost for this project to proceed including the site application, installing the new driveway, improving the barn structure to meet building code standards for occupancy and a new septic system. 12. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the applications for Official Plan amendment and Zoning By-law amendment as contained in Attachments 1 and 2 be approved. Municipality of Clarington Report PSD -007-17 13. 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 Page 20 Reviewed by: Curry Clifford, MPA, CMO Interim CAO Staff Contact: David Addington, Planner I, 905-623-3379 ext. 2419 or daddington clarington.net Attachments Attachment 1 — Official Plan Amendment and Adopting By-law Attachment 2 — Zoning By-law Amendment The following is a list of the interested parties to be notified of Council's decision: Robert K. Clark, Clark Consulting Services Jacqueline Mann, Clark Consulting Services Oswin and Deborah Mathias Philip Ngai Steven and Annette Weykamp Rommel Singh Mann Bruce Gard and Pat O'Connor -Gard Mary Anne Muizelaar Gordon Werry Ted and Beth Meszaros Eric Leeuwner Sonya Pratt DA/CP/df I:\^Department\LDO NEW FILING SYSTEMWpplication Files\ZBA Zoning\2015\ZBA2015-0015 3582 Morgans Road\Staff Reports\PSD-007-17.docx 100 Municipality of Clarington Attachment 1 to Report PSD -007-017 AMENDMENT NO. 108 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Municipality of Clarington Official Plan to permit agri-tourism uses as an accessory use to a farm operation on the subject property, municipally known as 3582 Morgans Road, Clarke. BASIS: The amendment is based on an application submitted by Clark Consulting Services on behalf of the owner Deborah and Oswin Mathias to permit agri-tourism uses as an accessory use to a farm operation. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding a new policy to Exceptions, Section 23.17.18 as follows: " 23.17.18 A seasonal event venue is permitted as an accessory on-farm diversified use on the subject property identified by assessment roll number 1817-030-030-16520 and municipally known as 3582 Morgans Road, subject to Site Plan Control and provided that such use occupies no more than approximately 2.5% of the subject lands." IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan as amended, 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 as amended, regarding the interpretation of the Plan, shall apply in regard to the Amendment. 101 Corporation of the Municipality of Clarington By-law Number 2017 being a By-law to adopt Amendment No. 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 (COPA2015-0005); 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 of agri- tourism uses as an accessory use to a farm operation at 3582 Morgans Road, Former Township of Clarke; 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 12017. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 102 Attachment 2 to Municipality of Clarington Report PSD -007-17 Corporation of the Municipality of Clarington By-law Number 2017 - 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 ZBA2015-0015; and Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By-law 84-63 is amended as set out in Sections 2 through 4 of this By-law. 2. Section 6.4 "SPECIAL EXCEPTIONS — AGRICULTURAL ZONE (A) ZONE" is hereby further amended by adding thereto the following new Special Exception: "SECTION 6.4.91 AGRICULTURAL EXCEPTION (A-91) ZONE a. Notwithstanding Sections 6. 1, those lands zoned "A-91" on the Schedules to this By-law, may in addition to other uses permitted in the Agricultural (A) Zone, be used for: i) meat processing accessory to a farm but not including an abattoir ii) a seasonal special event venue accessory to a farm b. Regulations for Event Venue uses: i) Total Area of the Lot (maximum) 2.5% ii) Total Floor Area (maximum) 340 square metres iii) Number of parking spaces (maximum) 65 3. Schedule `2' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding — Agricultural Exception ((H)A-91) Zone". 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 and 36 of the Planning Act. By -Law passed in open session this day of 12017. Adrian Foster, Mayor 103 C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. y„a'4 - - s`"h.1'+� 'R � aG _ _ _ s.. is Y•i y a _ °0 Z a c� 0 COWANVILLE ROAD ® Zoning Change From 'A' To '(H)A-9 1' Zoning Change From 'A' To 'EP' /jV Zoning To Remain 'A' V Zoning To Remain 'EP' Adrian Foster, Mayor Clarke • ZBA 2015-0015 - Schedule 2 C. Anne Greentree, Municipal Clerk 104 Clarftwn 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: November 14, 2016 Report Number: PSD -064-16 Resolution: File Number: PLN 33.3.10 By-law Number: Report Subject: Durham York Energy Centre Air Quality Monitoring Results — Options for Retaininq an Air Quality Expert Recommendations: 1. That Report PSD -064-16 be received; and 2. Council Drovide direction to staff on anv further actions that it deems nece 105 Municipality of Clarington Report PSD -064-16 Page 2 Report Overview Staff were requested to report back to Committee in November 2016 on options for retaining an air quality expert, with expertise recognized in North America, to assist Council with interpreting the ambient air (off-site) and stack test reports for the Durham York Energy Centre energy from waste facility. The report outlines options and recommends that explanation of the ambient air and/or stack test results be requested from the Region of Durham and Ministry of the Environment and Climate Change staff. 1. Background 1.1. Ambient Air Monitoring Program in the Area of the Durham York Energy Centre The Durham York Energy Centre (DYEC) Ambient Air Quality Monitoring Plan has been prepared to satisfy Condition 11 of the Environmental Assessment (EA) Notice of Approval and Condition 7(4) of the Environmental Compliance Approval (ECA). The monitoring network includes upwind and downwind stations that have been measuring air contaminants since May 2013, prior to facility start-up. Some parameters are measured continuously, while others are non -continuously monitored. A fence line station, which measures non -continuous parameters, was installed prior to full operation of the DYEC. In October 2014 the Region added an additional monitoring station at Clarington's request, which is located off of Crago Road on the Ontario Power Generation (OPG) site. The ambient air quality monitoring station locations are shown on Figure 1. A list of air emissions monitoring parameters is provided in Attachment 1. Figure 1: Ambient Air Monitoring Stations for the DYEC 106 Municipality of Clarington Report PSD -064-16 Page 3 Quarterly Ambient Air Quality Monitoring Reports are submitted by the Region's consultant, Stantec, to the Ministry of the Environment and Climate Change (MOECC) for review. The results for the Crago Road station are not part of the MOECC monitoring program requirement, and are reported separately on a quarterly basis. The ambient air monitoring program for the DYEC is scheduled to run for three years after commencement of operations. At the July 5, 2016 meeting of Council, it was resolved that the Municipality of Clarington would write to the MOECC and request the Minister order that the ambient air monitoring program be extended by two years. The response received from the MOECC is included as Attachment 2 and indicates that MOECC staff will complete an assessment and determine whether additional ambient air monitoring is required in February 2018. The ambient air monitoring stations monitor air quality in the area of the DYEC, not exclusively DYEC emissions. The equipment is calibrated on at least a quarterly basis, with periodic equipment audits by the MOECC at their discretion. In 2015, calibrations were completed monthly. The CALPUFF computer model is an MOECC standard; as is the averaging over 36 months and using the 98th percentile for PM2.5. Anomalies (spikes/lows) happen when averaged they are not considered exceedances. There are other ambient air monitoring stations in the general area (see Attachment 3). St. Mary's Cement maintains an upwind and downwind station for its operations and monitoring program. Temporary ambient air monitoring stations have also been installed to monitor conditions as part of the 407/418 construction. In addition, the MOECC has a long-term ambient air monitoring station at the Durham College Oshawa Campus. In 2014 and 2015, the Environmental Monitoring and Reporting Branch of the MOECC conducted an air monitoring survey (TAGA — trace atmospheric gas analyzer survey) in the vicinity of the DYEC at the request of the Ministry's York -Durham District Office. Clarington had been instrumental in making this a priority for the District Office. It was announced at the September 21, 2016 meeting of the EFW-WMAC that the MOECC would be carrying out the same testing in October 2016. The objectives of the TAGA air monitoring were to: a) Measure background ambient concentrations of volatile organic compounds (VOCs) in the vicinity of the DYEC prior to its operation; and b) Identify and measure concentrations of VOC's in ambient air downwind of DYEC during operation. The results where typical of urban areas in Ontario before and after DYEC operation with no marked change (see Attachment 4). 107 Municipality of Clarington Report PSD -064-16 1.2, DYEC Facility Air Emissions Monitoring Program Page 4 Separate from the DYEC Ambient Air Quality Monitoring Plan, the Air Emissions Monitoring Plan has been prepared to satisfy Conditions 12 and 13 of the EA Notice of Approval and Conditions 7(1), 7(2) and 7(3) of the ECA. Air emissions monitoring started when the first discharges were emitted from the facility. The monitoring program includes: a) Continuous emissions monitoring systems (GEMS); Continuous emissions monitoring (CEM) began with the commencement of boiler operations (each boiler has its own monitoring equipment). A list of CEMS monitoring parameters is provided as part of Attachment 1. Live CEM data is posted to the DYEC website and the external facility display board. b) Stack testing (also known as source testing); In addition to CEM, air emissions from the facility are tested twice per year by a stack (source) test. The parameter categories tested during the stack (source) test are also listed in Attachment 1. The stack tests are carried out by a qualified air specialist team under the scrutiny of an independent (third party) consultant. The labs that analyze the samples collected are selected by Durham Region and results are submitted to the MOECC. c) Long term sampling for dioxins and furans; Long-term sampling for dioxins and furans is performed by the AMESA sampler. Through continuous monitoring, the sampling is intended to determine long-term variations of dioxin and furan emissions levels over time. The system is evaluated as part of the stack testing program. When Boiler #2 failed the stack test in May 2016, the Region retained experts to ensure that the AMESA sampler was performing as anticipated. 1.3. DYEC Facility Air Pollution Control Equipment Each boiler has its own dedicated Air Pollution Control system consisting of: • Selective non -catalytic reduction system for control of nitrogen oxides (NOX); • Patented Very Low NOXTM system for additional NOX control; • Evaporative cooling tower with dry lime reactor for acid gas control; • Activated carbon injection system for mercury and dioxin control; • Minimum temperature of 1,000°C for VOC and dioxin and furan control; and • Fabric filter baghouse system for particulate matter control. CEM devices monitor stack emissions on a continuous basis to ensure compliance. The DYEC is required to meet the air emissions standards set out in Ontario Regulation 419/05 Air Pollution — Local Air Quality (O.Reg. 419/05) and the MOECC Guideline A-7 Combustion and Air Pollution Control Requirements for New Municipal Waste Incinerators (A7 Guideline). One exception to this is the stack emission limit for dioxins Municipality of Clarington Report PSD -064-16 Page 5 and furans at the DYEC, which is more stringent than the A7 Guideline limit (60 pg/Rm3 for the DYEC compared to the A7 Guideline value of 80 pg/Rm3). 2. Options for Retaining an Air Quality Consultant 2.1 Retaining a Consultant Depending on what role is required of the consultant and the assignment, there are options within the Municipality's Purchasing By-law to retain a consultant: Expression of Interest (EOI) - A multi -staged process that can be used to shortlist potential bidders before seeking detailed bids from the shortlisted bidders. An EOI is generally used when the information required from bidders is specific, but the Municipality is unsure of the capability of bidders to provide the required goods or services. An EOI can also be used if the buyer is just looking to find out if there are potential bidders who may have an interest in a particular project for goods or services, or is seeking industry input into scoping requirements that will then go back out to market later on as a Request for Proposal. Request for Proposal (RFP) — The Municipality issues a detailed terms for reference that outlines the tasks, timeframe, background material to be reviewed to orient the consultant to the project, number of meetings, presentations to Council and public meetings they are expected to attend, and reporting requirements. The length of the assignment must be clearly stated, and whether there will be additional work beyond what can be detailed in the terms of reference and how any additional work will be paid (e.g. by task, hourly, expenses). Sole Source — The selection of a consultant based on their expertise. If the contract amount is $30,000 or less, direct hiring of a consultant is allowed under the Municipality's Purchasing By -Law. If it is anticipated that a contract could exceed $30,000, the Municipal Purchasing By-law would have to be waived by Council. 2.2 Consultant Qualifications Council resolution #C-192-16 outlines that the consultant has to be an air quality expert with expertise recognized in North America. Such a consultant has previously been retained by the Municipality during the initial permitting stages for the DYEC. As part of the peer review for the DYEC Environmental Assessment, Clarington hired SENES Consultants for the air quality and human health and ecological risk assessment aspects; since that time SENES has been purchased by another company (Arcadis) and none of the individuals involved with our contract remain with the new company. It may be difficult to find an air quality expert that does not have a conflict of interest given the number of consultants that are already engaged with respect to DYEC air emissions or have affiliations with previous phases of the project. In addition, recent consolidations in the consulting sector may limit the number of companies. Further, while having a consultant with expertise recognized in North America is important, it is also imperative to have a consultant who is fully cognizant of the O.Reg. 419/05 and the A7 Guideline requirements. 109 Municipality of Clarington Report PSD -064-16 2.3 Consulting Assignment Page 6 A terms of reference for the consulting assignment will have to be determined for what Council would like the consultant to interpret. There is a significant difference between being able to review reports and explain them, as opposed to digging into the numbers and being able to verify the readings, check the computer model, or question the lab results. Regardless of what process is used to retain a consultant, a clear understanding of the assignment will be required in order to obtain an accurate project budget estimate in advance of hiring the consultant. 2.4 Consulting Tasks and Costs To obtain a task outline and preliminary estimate of effort required, staff looked to similar assignments. Essentially there are three options that Council could consider to retain an air quality expert. 2.4.1 Option 1, Monitor — The consultants' role would be explanatory. The consultant would provide costing for a five year term of service. The scope of work would be limited to reviewing the annual DYEC air quality reports and explaining findings to Council. This would include: a) Background familiarization with the EA conditions, background reports, monitoring reports to date and other information for a consultant already familiar with the A7 Guidelines for Ontario, MOECC CALPUFF computer model and regulatory requirements - 115 to 150 hours; and b) Annual Presentation and Meeting with Council for 5 years, including all preparation time for presentation and report writing — 300 to 350 hours (60-70 hours annually). Typically the charge -out rate for an experienced consultant with good standing and recognition in the field would start at $200/hour. The cost range would be from $83,000 to $100,000. Ambient Air Quality Monitoring Reports for the DYEC are issued on a quarterly basis; so if Council is seeking more frequent input this should be set out in the terms of reference, and would increase the cost range. Additional scope of work items to be considered include whether the consultant is to be on call to respond to questions or concerns from the public or individual Council members, and whether the consultant is to provide comments and/or recommendations to the MOECC. All of these interactions will need to be tracked and authorized to ensure the consultant does not exceed the budget. Additional work beyond what can be detailed in the terms of reference could be performed on an hourly basis. The hourly basis rate should be determined at the time of retaining the consultant with an annual cost of living escalation provision, as well as an annual upset limit. 2.4.2 Option 2, Peer Review — The consultants' role would be both explanatory as noted above, and the consultant would be requested to provide their expert opinion on the process being followed and interpretations provided. If the process or interpretation are not acceptable the consultant would then be asked for a course of corrective action which 110 Municipality of Clarington Report PSD -064-16 Page 7 would be submitted to the Region and MOECC for their consideration. For the consultant to Peer Review the stack tests, access during the testing as part of the team will be required and at the discretion of the Region and Ministry who are responsible under the terms of the Environmental Compliance Approval. The cost range would be starting from $100,000 to $250,000 over the five year term, and possibly more depending on how in depth and/or the number of reports requiring peer review. 2.4.3 Option 3, As Needed Basis — The consultants' role of this assignment would be background familiarization of the project (Option 1, item a) and to provide clarification and explanation on an as needed ("on-call") basis at Council's discretion. In this case there would be a minimum amount of effort initially for limited background familiarization of less than $30,000. When called upon, which may be on an annual basis, quarterly basis, or more frequently, an hourly rate would apply. For this option, costs could be contained by establishing an overall upset budget on an annual basis. 2.4.4 Option 4, Responsible Agencies — Council should be cognizant that the Region is paying in the range of $450K annually on ambient air monitoring for the DYEC. In addition, each stack test is monitored by both the Region and Covanta and a third party consultant at a total of $380K per test (currently 2 per year are required). The air pollution control equipment consultant brought in to review the AMESA sampler data was an additional $35K. All of this information is submitted to the MOECC who review the results to ensure they meet the Air Emissions Monitoring Plan, Ambient Air Quality Monitoring Plan, the requirements of the EA Notice of Approval and ECA, and the O.Reg. 419/05 and A7 Guideline requirements. As outlined above, more than $1.2 million of public funds are spent annually in air monitoring at the DYEC. Council has sought and may continue to seek clarification and explanation, first from the Region of Durham and second from the MOECC. Regional staff have provided Council with presentations and explanation when requested. Clarington staff can call upon MOECC staff at any time. As the responsible agencies, the Region and MOECC are obligated to communicate the impacts on the air shed of the air emissions in an understandable and comprehensive manner. 3. Concurrence This report has been reviewed by the Purchasing Manager. 4. Conclusion The Region and MOECC have responsibility for the air quality monitoring program at the DYEC. The Region has retained consultants with expertise in air monitoring and the MOECC's technical staff review all the data. In addition, MOECC staff conduct quarterly audits of the air monitoring equipment to ensure they are operating properly. In the past, Council has requested the Region provide an explanation of the air monitoring results which has been complied with expeditiously. Given the willingness of Regional staff to provide explanations of the air monitoring results Clarington staff are recommending that Option 4, Responsible Agencies, the Region is the first response for air emission queries. 111 Municipality of Clarington Report PSD -064-16 Page 8 As a second line of response Ministry staff have indicated that they would be available to respond to inquiries. Lastly, we note that annual air quality reports have been prepared by the Province since 1970 based on the ambient air monitoring stations that the Province has across Ontario. The general trend across the Province is a decrease in air emissions. However, given the number of ambient air monitoring stations in the Courtice/Bowmanville area for different projects and facilities and since all of this data is submitted to the MOECC; a request to the MOECC for a summary of the cumulative findings and any potential implications for Clarington residents could be made. If Council wishes to pursue the retention of their own expert air quality consultant, then direction should be given to staff regarding the preferred work assignment, Options 1, 2 or 3 and the estimated cost be listed as an optional item for the 2017 budget deliberations. 5. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Director of Planning Services Curry Clifford, MPA, CMO Interim CAO Staff Contact: Faye Langmaid, Manager of Special Projects 905-623-3379 ext. 2407 or flangmaid@clarington.net Attachments: Glossary of Terms Attachment 1 - DYEC Summary of Air Emissions Monitoring Parameters Attachment 2 - MOECC response dated Aug 8, 2016 Attachment 3 - Ambient Air Monitoring Stations by St. Mary's Cement and for Highway 407/418 construction. Attachment 4 - Mobile TAGA Ambient Air Monitoring by MOECC There are no interested parties to be notified of Council's decision. DJC/FL/tg/df -)epartmerNEW FILING SYSTEM\PLN Planning Files\PLN 33 Waste Management\PLN 33.3.10 EFW -DURHAM YORK RESIDUAL WASTE STUDY\Air Quality Monitoring pert\Staff Re, .5\PSD-064-16 _DYEC Air Quality Report.docx 112 Glossary of Terms to Municipality of Clarington Report PSD -064-16 Glossary of Terms A7 Guideline MOECC Guideline A-7 Combustion and Air Pollution Control Requirements for 113 New Municipal Waste Incinerators CEM Continuous Emissions Monitoring CEMS Continuous Emissions Monitoring System DYEC Durham York Energy Centre EA Environmental Assessment ECA Environmental Compliance Approval EFW-WMAC Energy from Waste — Waste Management Advisory Committee EOI Expression of Interest MOECC Ministry of the Environment and Climate Change NOx Nitrogen Oxides OPG Ontario Power Generation O.Reg. 419/05 Ontario Regulation 419/05 Air Pollution — Local Air Quality (O.Reg. 419/05) PM2.5 Particular Matter measuring 2.5 microns (2.5 um) in diameter or less RFP Request for Proposal TAGA Trace Atmospheric Gas Analyzer Survey VOCs Volatile Organic Compounds 113 Municipality of Clarington Attachment 1 to Report PSD -064-16 Durham York Energy Centre Summary of Air Emissions Monitoring Parameters Ambient Air Monitoring — Upwind/Downwind Stations and Crago Station Continuous emissions monitoring (CEM): Nitrogen oxides (NOx), Sulphur dioxide (SO2), Particulate matter less than 2.5 microns in diameter (PM2.5) Non -continuous monitoring: Total Suspended Particulate Matter (TSP), Metals (in TSP), Polycyclic Aromatic Hydrocarbons (PAHs), Dioxins and Furans Ambient Air Monitoring - Fence Line Station Non -continuous monitoring: Metals (in TSP) Stack (Source) Testing Metals, Chlorobenzenes and Chlorophenols, Polychlorinated Biphenyls (PCBs), Volatile Organic Matter (volatile organic compounds VOCs), Polycyclic Organic Matter (polycyclic aromatic hydrocarbons PAHs), Dioxins and Furans, CEM System parameters, Total Suspended Particulate Matter, Total PM -10, including condensables, Total PM -2.5, including condensables Schedule D in the Environmental Compliance Approval (ECA) lists the full suite of parameters to be tested. CEM System nitrogen oxides (NOx), sulphur dioxide (SO2), carbon monoxide (CO), hydrochloric acid (HCI), hydrogen fluoride (HF), ammonia (NH3), organic matter, oxygen (02), opacity, moisture, temperature 114 Municipality of Clarington MiniStry of the Environment and Climate Change Central Region Office 5775 Yonge Street 8'" Floor North York ON M2M 4J9 Tel.: 416 326-6700 Fax: 496-326-6345 August 8, 2016 Minist6re de I'Environnement et de I'Action en matiisre de changement climatique Region du Centre 5775, rue Yonge 80 6tage North York (Ontario) M2M 4J1 T6I: (416) 326-6700 Telec: (416) 326-6345 June Gallagher Deputy Clerk The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, ON LIC 3A6 Ms. Gallagher, Attachment 2 to r\• PSD -064-16 �r Ontario ENV 1283MC-2016-2024 Thank you for providing the Clarington Council Resolution to the Honourable Glen Murray, Minister of the Environment and Climate Change regarding the Durham York Energy Center located in the Municipality of Clarington. I have been asked to respond on behalf of the minister. On May 16, 2012, the ministry approved the Ambient Air Monitoring Plan (Plan), prepared by the Regional Municipalities of Durham and York in accordance with Condition 11 of the Notice to Proceed with the Undertaking. The Plan specifies that the operational monitoring (at the upwind and downwind ambient air monitoring stations) is to be conducted for a minimum of 3 years. The ambient air monitoring results for PM2.5 are compared to the Canadian Ambient Air Quality Standards (CAAQS). Though there was a slight increase in the 98th percentile of PM2.5 24 hour concentrations at Courtice and Rundle stations in 2014 compared to 2015, only Rundle station was slightly above the CAAQS target value of 28 pg/m3 in 2015. However, this comparison is based on only one year of data, and three years of data is required to assess against the PM2.5 CAAQS. Since operational monitoring commenced on February 13th, 2015, insufficient data has been collected to determine with any certainty if elevated concentrations have resulted in an exceedance of the CAAQS. The following table provides a summary of the number of days, both before and after operations began at the facility, where PM2.5 24 hour concentrations were above 28 pg/m3 at the Courtice Station, Rundle Station and where elevated concentrations were experienced at both stations on the same day. In total, 10 events of elevated concentrations occurred before operation, and 16 occurred after. No. of days with 24 hr PM2.5 concentrations greater than 28 u m3 Station Before Operation After Operation Courtice 4 5 Rundle 6 11 No. of days where both stations experienced elevated concentrations 4 4 ...2 115 _2 - The number of days where both stations experienced elevated PM2.5 24 hour concentrations on the same day, both before and after facility operations began, suggests that both regional and local sources contributed to these elevated concentrations. On the days where only Courtice or Rundle station experienced high values, these stations were not predominantly downwind of the facility, again suggesting that local sources of particulates contributed to these elevated concentrations, rather than a single source. PM2.5 can originate from multiple local, regional, and transboundary sources and it is typical for Southern Ontario to experience a number of days during the year where the 24 hour average of PM2.5 is greater than 28 µg/rnI Overall, the days of elevated PM2.5 concentrations observed at Courtice and Rundle stations are the result of both local and regional sources. The data does not suggest that the facility is the single source of PM2.5 in the area, and additional years of data are required to assess trends in PM2.5 to compare against the CAAQS. The operational monitoring at these stations began in February 2015 and will continue until February 2018. At that time, ministry staff will complete an assessment of the program before determining whether additional ambient air monitoring is required. Should you have any further questions, please contact Celeste Dugas, District Manager, York Durham District Office at 905 836 7446 or by email at celeste.dugas@ontario.ca. I trust this information is helpful in addressing your concerns. Yours sincerely, Dolly Goyette Director, Central Region Ministry of the Environment and Climate Change 116 Attachment 3 to Municipality of Clarington Report PSD -064-16 St. Mary's Cement Ambient Air Emissions Monitoring Stations St. Marys Cement air emissions are monitored using a series of sampling locations as set out in the following table. Sample Station Location Monitor SMC1 OPG PM 10 BAM, Dust fall jar A North East of Quarry PM 10 Hi Vol, Dust fall jar B Cedar Crest PM 10 Hi Vol, Dust fall jar C Cedar Crest (MOE location) Dust fall jar SMC 2 Cove Road PM 10 BAM, Dust fall jar The location of the sampling stations is shown on the aerial, below. _ SrAcl y T'i 117 Highway 407 and 418 Construction Monitoring Stations The location of the sampling stations is shown on the aerial, below. Pre -construction monitoring of Phase 2 of the Highway 407 East extension construction at 1939 Highway 2, Courtice, ON ("the Hwy 2 location", took place from July 1 to September 30, 2015. This program involved continuous monitoring of Inhalable Particulate Matter (PM1o), Fine Particulate Matter (PM2.5), and Nitrogen Oxides (NOX), in addition to collecting meteorological data. This sampling was conducted as required under condition 15.3 of the EA Notice of Approval to Procced with the Undertaking, which can be found in Appendix C. The following report includes all of the data and analysis of the information collected from the site over the three month sampling period. This pre -construction air quality data set characterizes the baseline air quality of the area prior to any construction activities. Throughout this monitoring period, none of the applicable standards and criteria was exceeded for any of the parameters measures at this station. 118 Municipality of Clarington Mobile TAGA Ambient Air Monitoring by MOECC Summary Attachment 4 to Report PSD -064-16 In 2014 and 2015, the Environmental Monitoring and Reporting Branch (EMRB) of the Ministry of the Environment and Climate Change, conducted real time air monitoring in the vicinity of the Durham York Energy Centre (DYEC) for selected volatile organic compounds (VOCs) at the request of the Ministry's York Durham District Office. Several VOCs were identified and measured downwind of the DYEC. The VOCs for which the highest half-hour concentrations were measured include acetone (19pg/m3) in 2014, 6.8 pg/m3 in 2015) and xylenes (7.8 pg/m3 in 2014; 3.9 pg/m3 in 2015). These concentrations are typical of urban areas in Ontario. Measured ambient concentrations of VOCs did not exceed their respective Ontario Regulation 419/05 Air Pollution — Local Air Quality air standards or guidelines during the 2014 and 2015 survey period. Mobile TAGA Survey, Durham York Energy Centre, Courtice, Ontario, 2014 and 2015 Figure 1: Monitoring Sites in the Vicinity of Durham York Energy Center, Courtice, Ontario. Mobile TAGA (EMR6, M0ECQ Survey, 2014 and 2415. 401 i^ ofow Y - - .t -� Durham York Energy Center A ` f 46 i . { Kis Pi!r-- --. -1 . P , 1 M 119 Monitoring Sites Projection: UTW Zone 17 Dat,rn Nam Ame+xania.w.1NAD)1783 Data prodded by: M—tryM me cnvronrrer[ ami C-r�arr Change. land 'nfomraran dao o—tler'f--Dac3 pr d. by Cntarin Mne4y Naenal Resavces O CcVrgFc 2WT Fm 0ase.3AM— Irc V Rghh R er d Dale Updaftd: October 91in 2915 Branch: MOECC EMRH Unit Geamato, Certe 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. 120 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 121 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. 122 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 123 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. 124 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. 125 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. 126 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. 127 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. 128 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. 129 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. 130 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. 131 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 132 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 133 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. 134 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 136 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 11 137 (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 12 138 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 13 139 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 14 140 (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 15 141 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 16 142 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 17 143 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 18 144 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 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 147 From: info@clarington.net [info@clarington.net] on behalf of Edward P. Swynar [trenear3773@gmail.com] Sent: January -05-17 1:04 PM To: Woo, Willie Subject: COPA 2015-0005 - ZBA 2015-0015 Thursday 5th January 2017. Reference: COPA 2015-0005 & ZBA 2015-0015 Dear Ladies/Gentlemen: Your notice dated 20th December 2016 (copy attached) made no obvious reference as to any access allowance for citizens with personal mobility issues --- such as myself, here --- in order that these same persons might address staff on the occasion of the upcoming Planning And Development Committee Meeting (Monday 9th January 2016). As a consequence of this, it is my hope that you might take into consideration my concerns regarding the proposal submitted by Deborah & Oswin Mathias at this time, by way of this format, the only option that is at my disposal... I find it frustrating that those persons who have elected to reside in the "...peace & tranquility" of rural Clarington must constantly be assaulted by the on-going noise and intrusion of others in pursuit of monetary gain: we have, at our residence on 3773 Concession Road 3, been variously disturbed and annoyed over the years by a near -steady flow of dump trucks (both full and empty) parading past our residence delivering landfill to various properties in the area, a stream of noisy tractors and farming implements clamouring 50 -feet past our bedroom windows as early as 6:00 in the morning, and the sound of gunfire emanating from a "club" across our street that has somehow expanded its former 2 -days a week target shooting service to members, in to becoming a viable commercial enterprise that now caters to local police and security forces 7 days a week. Now, with this present application that is before the Planning and Development Committee, I foresee absolutely no improvement as to any "quality" of country living here: the fact that this proposal would allow the assembly of some 200+ guests for "...special events, weddings and family celebrations" immediately raises a black flag. ANY such large outdoor/indoor gathering of "...celebrants" inevitably results in the consumption of alcohol --- be it allowed, or otherwise --- with the consequent result that rural residents here will now be subject to the very real possibility of encountering drunk drivers in their own immediate community. This area falls under the jurisdiction of the Durham Regional Police, but they are hardly manned to exert extra staff toward patrolling Concession Road 3 and Morgans Road, alone. Are members of the Clarington council, the Planning and Development Committee, or Deborah & Oswin Mathias, willing to be legally liable for any and all consequent injuries from a drunk driver leaving an event on their premises...? Have you checked with the legal department of the Municipality of Clarington as to the limits of the region's own liability in this regard, by approving this...? We have been advised that any noise emanating from assemblies on the property in question would be nullified by virtue of the venue aiming any & all loudspeakers to the north: but what measures will be taken to silence any other noise generated by the assembly of the 200+ persons on the grounds...? Car doors slamming... cars coming & going ... people shouting aloud... disc jockeys ... live bands... horns... etc. etc. etc. This is noise that residents will be forced to endure for far more than simply a "...few hours of the day" --- these assaults will surely continue well past the 11:00 PM bylaw noise curfew: what council/planning committee member will provide his/her personal telephone number for access by complainants here, after 11:01 PM...? Applications such as this are hardly new in Clarington/Newcastle: a similar such request was made some 37 years ago, for a theme park to be established on 40 acres abutting the north-west corner of Moffatt Road and Concession Road 3. This request was summarily denied, on the basis of the extra noise and traffic congestion such a venue would generate, to the detriment of others living in the area. What has changed since 1980, I wonder...? Newcastle already has a town hall that is readily available for any such proposed "celebrations:" I would encourage its use in this regard --- not only would it be a paid venue that might benefit the region's public coffers, it is also centrally located in a built-up downtown area that is no stranger to past weddings, celebrations, etc. To conclude, why must we established residents --- rate -payers all, as well as the electors of the local council --- stand idly by, as outside interests inflict their money -generating schemes upon our peace and tranquility...? Consider the consequent noise and legal liabilities of any approval of this motion that is now before the committee --- and be aware of the precedent that you will establish for even MORE such future requests for variances in Clarington. For a change, take into account the QUALITY of life in Clarington --- and not just the QUANTITY of any monetary gain that might be forthcoming to applicants... Edward & Diane Swynar 3773 Concession Road 3, R.R. #8, Newcastle, Ontario L1B 1L9. Phone: (905) 987-3603 Origin: hiW://www.clarington.net/en/town-hall/meet-your-councillors.asp?_mid_=94692 This email was sent to you by Edward P. Swynar<trenear3773@gmail.com> through hhU://www.clarin,gton.net/. December 20, 2016 Interested Parties Re: Notice of Upcoming Recommendation Report to the Planning and Development Committee File Numbers: COPA 2015-0005 & ZBA 2015-0015 Please be advised that a Staff Report regarding the following applications is scheduled for consideration at an upcoming Planning and Development Committee Meeting. Details of the applications and upcoming meeting are provided below: Applicant: Deborah & Oswin Mathias Property: 3582 Morgans Road as Part Lot 17, Concession 3, Former Township of Clarke (see key map on reverse) Proposal: The applicant is proposing to establish farm -related agri-tourism uses including special events. weddings and family celebrations. The Planning and De reloprnant C mttee Meeting on: Date: Monday, January 9, 2017 Time: 7:00 P.M. Place: Council Chambers, Municipal Administrative Centre 40 Temperance Street, Bowmanville, Ontario A copy of this Staff Report will be available on the afternoon of Friday, January 6, 2016 and may be obtained by contacting David Addington at the Municipality of Clarington Planning Services Department at (905) 623-3379. You can register to speak as a delegation at the Committee Meeting by contacting the Clerk's Department at (905) 623-3379 by 4:15 p.m. on the work day prior to the meeting and your name will be included on the final delegation list. An on-line delegation request form is also available on the Municipality's website, www.clarinaton.net under the Municipal Clerk's Department tab. If you cannot attend the Committee kleeting, you can register to speak as a delegation at the Council Meeting which begins at 7:00 p.m. on Monday, January 16, 2016. Please note that we cannot confirm the precise time at which the delegation portion of the agenda will be heard. The start time listed above reflects the time at which the Planning and Development Committee Meeting commences. CORPORATION OF THE MUNICIPALITY OF Ct ARINrTnN 40 TEMPERANCE STREET, BO; :MANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net From: Jacqueline Mann To: Chambers, Michelle Subject: FW: letters of support for COPA 2015-0005 and ZBA 2015-0015 Date: January -06-17 9:44:17 AM Attachments: Kim Rudd Supoortl-etter.odf Durham Farm Fresh Letter of Support.pdf Granville Anderson Mathias Support Letter.pdf Central Counties Tourism Letter of Support .pdf Ontario Farm Fresh SupportLtr-GrahamCreek.odf Ambrose letter.pdf BACD T. Shaver Letter of Supoort.docx Spreadsheet List Names Letters Of Support Feb 24 2016.xlsx Certification .htm Greetings Michelle. Please see attached letters of support. It would be much appreciated if the members of the committee received these letters for the meeting. Please note that there are an additional 110 letters of support from businesses and 107 letters from local residents that are not attached but listed in the attached spreadsheet. Can you please confirm that you received the request for a delegation I sent yesterday afternoon for Deborah Mathias. I will send the Power point asap. Sincerely, Jacqueline Jacqueline Mann, MCIP, RPP Senior Planner, Clark Consulting Services jacqueline@clarkcs.com 905.885.8023 GRANVILLEANDERSON, MPP Durham Deborah and Oswin Mathias 3582 Morgans Road Newcastle Ontario LIB 1L9 Monday June 6th 2016 To whom it may concern: I had the opportunity to speak with Deborah Mathias about her plans to create an agri-tourism destination on her family farm in Clarington. It sounded like an exciting venture with great economic and societal value. Their interest to provide seasonal employment to local youth, opportunities for local suppliers to provide their services for on-site weddings and events is also of particular note. Agriculture is a thriving industry in Durham, thanks in part to creative entrepreneurs evolving to help ensure their own sustainability. I wish them the best of luck in making the transition from family farm to argi-tourism destination. Sincerely, Granville Anderson MPP - Durham Constituency Office 23 King Street West, Bowmanvi Ile ON L1C 1R2 905-697-1501 1 Fax 905-697-1506 ganderson.mpp.co@liberal.ola.org • 'l' J, r l AJ BALD Launch and Accelerate Your Business September 24. 2014 Deborah and Oswin Mathias 3582 Morgans Road Newcastle Ontario 1-113 11-9 To whom it may concern: I had the opportunity to speak with Deborah Mathias about her plans to create an agri- tourism destination on her family farm in Clarington. It sounds like an exciting venture with great economic potential, tourism impact and societal value for the Region of Durham. I believe that they plan to employ local youth seasonally, give local suppliers and vendors an opportunity to provide services for their on-site wedding and to contribute to the economic development of our Region. Agriculture is a thriving industry in Durham, Agri-Toursim is quickly gaining speed and creating many opportunities for farms that now need to innovate and re-engineer their traditional farm business model. Farms are one of the original job creators and we wish to support them in making their vision a reality r• :ii'rtititis'r'r'r'r'risrti Ontario Network of Entrepreneurs Durham Region — 3000 Garden Street, Suite 200, Whitby, ON 1_111 2G6 Tel: 905.668.4949 Toll free: 1.866.632.5151 Fax: 905.668.4469 clientservices@bacd.ca www.bacd.ca r�r )i�)BACD Launch and Accelerate Your Business Best of luck in this exciting new venture, we hope another reason for people to visit the Region of Durham! Sincerely, �I Teresa Shaver, x222 Executive Director :ii'rtititi{s'r'r'ritrti Ontario Network of Entrepreneurs Durham Region — 3000 Garden Street, Suite 200, Whitby, ON 1-111 2G6 Tel: 905.668.4949 Toll free: 1.866.632.5151 Fax: 905.668.4469 clientservices@bacd.ca www.bacd.ca 4114� CENTRAL COUNTIES TOURISM AV 11 April 2016 Re: Agri -Tourism Development at Graham Creek Farm To Whom it May Concern, Please accept this letter as Central Counties Tourism's official support of the Mathias' bid to expand their current business model to include agri-tourism. Central Counties Tourism is the Regional Tourism Organization dedicated to developing, supporting and promoting tourism throughout Durham Region, York Region and Headwaters Tourism Region. We are funded by the Provincial Ministry of Tourism, Culture and Sport and work with our stakeholders to develop compelling products, destinations and experiences in order to drive tourism spending in the region. Clarington's tourism businesses are some of the most actively involved throughout the region. They are ever evolving and dedicated to developing new assets that will benefit both tourists and locals. Agri -tourism is big business and we are thrilled that the Mathias family is embracing it as part of their business model. Like most things in tourism, there is a benefit to both the residents and the business operators in the area. Graham Creek Farm's plan includes farm tours and education (great for locals and tourists) and event space. Most people don't think of weddings from a tourism perspective. However, for every wedding that takes place in your community, people are traveling from afar, sleeping in your hotels, eating at your restaurants, playing on your golf courses and shopping in your stores. More and more people are looking for unique venues to host their special day and the economic impact of creating a boutique venue onsite will be big for the community. Plus, it gives Central Counties another venue to highlight as we continue to bring in more and more meetings from out of town. What's most exciting about this project is that other businesses in the area will directly benefit from their success because of the local partnerships they have already solidified and continue to source. I always leave Clarington Tourism meetings feeling refreshed and energized because Clarington businesses really "get it" and understand the importance of working together to develop a destination. The Graham Creek Farm project is part of the tide that continues to rise the tourism business boats in Clarington. Sincerely, Chuck Thibeault Executive Director Central Counties Tourism (Zone 6 Regional Tourism Organization) 7271 Warden Avenue, Markham, ON, Canada UR 5X5 I T 289-846-3653 1 F 905-752-0162 info@centralcounties.ca I www.centralcounties.ca THE HI LLS OF vA• E HEADWATERS -, ,&yor sceneo 4,�,rouRiSM ASSOCIATION • It's all in your backyard!GoodNaiweGvodTrmes. RH pDurham Farm Fresh 011 Marketing Association FRM FRESH April 20, 2016 To Whom it May Concern: 237 Queen Street P.O. Box 5344 Port Perry ON L9L 1B9 905-427-1512 www. durhamfarmfresh. ca This letter is in support of Graham Creek Farm, a 40 acre family owned and operated farm in Clarington, and a new member of Durham Farm Fresh Marketing Association for 2016. Owners Deborah and Oswin Mathias, wish to enhance their current operation by expanding into agri-tourism, transforming their farm into a tourist destination. Durham Farm Fresh Marketing Association is a non-profit, membership based marketing association that has been in operation since 1993. Our members consist of food producers in the Durham Region, who offer a local harvest cornucopia of different fruits and vegetables, livestock, honey and even wine; as well as chefs and retailers of local food. Our producer members sell their products direct from the farm gate, as well as to local restaurants and caterers. Many also offer agri-tourism activities, providing fun entertainment but also essential agriculture education to customers — many of whom are families. The disconnect between farms and the non-farm public only increases with each generation, making it vitally important that consumers learn about where food comes from and how it is produced. Agri - tourism provides a way for people to learn first-hand about food production and farming practices, in a way that is fun and enjoyable for all. Durham Farm Fresh supports Graham Creek Farm in their expansion into agri-tourism. Their initiatives will help to strengthen both the agriculture sector in Durham Region, and also the local community by bringing more visitors to the area. Sincerely, President Ontario Farm Fresh Marketing Association 2002 Vandorf Road, Aurora ON L4G 7139 info@ontariofarmfresh.com wwww.ontariofarmfresh.com 905-841-9278 November 4, 2015 To whom it may concern: The Ontario Farm Fresh Marketing Association (OFFMA) is a membership based organization that was started in 1973 as a not for profit, educational and promotional organization. It was started by farmers who had a keen interest in promoting direct farm sales in Ontario and encouraging improvements as well as a high level of integrity in the industry. The organization is run by a board of volunteer farmers. Its membership is made up of on-farm markets, pick your own operations (PYO), Community Supported Agriculture (CSA) as well as farmers who offer agri-tainment on their farms. The products offered by our membership range right across the spectrum of Ontario farm products; including but not limited to fruits, vegetables, honey, maple syrup, flowers, pork, beef, eggs, nuts, poultry and fibre. Graham Creek Farm is a member in good standing with Ontario Farm Fresh. Ontario Farm Fresh works closely with the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). OMAFRA has invested significantly in the past 6 years to raise consumers' awareness level of local food and when and where local food can be purchased. Consumers are responding positively and looking for places to not only purchase local food but also enjoy all that rural Ontario has to offer. Economically, this is helping small towns and rural Ontario in general to survive and hopefully thrive. Both OMAFRA and OFFMA have introduced awards in the last few years that recognize and encourage innovation in the agricultural industry. Innovation is a cornerstone for Ontario agriculture's sustainable future. Graham Creek Farm's plans to add value to the products they have been producing for the last 20 years is well thought out and innovative and should be applauded not blocked from proceeding. Your community is lucky to have farmers who are progressive and willing to take a risk. If you need further information about our organization, please feel free to give me a call. Sincerely, (2, 6X , 6c, Cathy Bartolic OFFMA, Executive Director Cc: Leslie Forsythe, Forsythe Family Farms, OFFMA President January 18 2016 Report Number: PSD -055-15 File Number: COPA2015-0005 and ZBA2015-0015 Re: Deborah & Oswin Mathias & Family 3582 Morgans Rd Newcastle, ON L1B 1L9 Dear Mayor Foster and Members of Council, As a Canadian designer, decorator, event planner and Television personality, I am writing in support of the Mathias' application to expand their farm for agri-tourism purposes. Having grown up in a small fishing town in Newfoundland, I am extremely passionate about how to incorporate the authentic character of rural neighbourhoods into various kinds of design. I brought this passion to a show I hosted on HGTV (The Decorating Adventures of Ambrose Price) for which I won a Gemini Award, and since then, have focused my project on eco -friendly design. I have learned about what the Mathias' are proposing, including their commitment to incorporating elements of organic design and I am confident they will be able to set an example in this burgeoning movement. I also believe, having learned through experience, that having such ecologically sustainable events not only is an optimal way to create opportunities for local businesses, it also increases awareness about how to use sustainable materials in innovative ways. Many of the businesses and clients I work with express a desire to create decor that is environmentally friendly, but they lack the knowledge about ways to do so, and this is something I think the Mathias' will be able to showcase. I hope that the Members of Council recognize the myriad of benefits this application can bring to local businesses, organizations, employment seekers and venue attendees while setting standards about environmentally responsible practices. I will also personally connect the Mathias' with businesses in the area I have collaborated with so that opportunities to support these kinds of initiatives can continue to flourish within and beyond such rich agricultural areas. Sincerely, X Ambrose Price M HOUSE OF COMMONS CHAMERE DES COMMUNES CANADA Deborah and Oswin Mathias 3582 Morgans Road Newcastle Ontario LiB iLq To whom it may concern, November 17, 2016 I am writing this letter to support the Mathias family in their goal to have their farm designated an agri-tourism destination. I support their efforts for this designation as, through their entrepreneurial efforts, they will be adding to the associated employment, financial, and community benefits. The Durham/Clarington region is quickly becoming a leader in this type of project, and I know the Mathias family's plans will only add to this burgeoning area of economic growth. I would like to extend my personal best wishes for this exciting venture, and wish good luck going forward. Best regards, Kim Rudd Parliamentary Secretary, Minister of Natural Resources Member of Parliament for Northumberland—Peterborough So ti IAVlPG C9'uti W M`IiMfl [YrnAI' ill Lcewnna LN\iL1A NAME BUSINESS LOCATION Dino Pew Reflection Pools Courtice Tom Morawetz Evergreen Farm & Garden Orono Paul Beaumont B & B Instalation Clarington Paul Tooley Reflection Pools Courtice Robby Prasad Twin Oaks Motel Clarington Rose Prasad Twin Oaks Motel Clarington Jennnifer Clark Clark Meats Newcastle Lina Schmahl Studio 57 Newcastle Bet Hennessy Some Like It Hot Newcastle Rose Cancelliere Studio 57 Newcastle Diana Stephenson Dee's Harvet Table Newcastle Irene Allin Allin's Orchard & Country Market Newcastle Joan Butt It Is What It Is Orono Valerie Lacroix The Fire Hall Bistro Orono John Wash The Snug Newcastle Marilla Hjorngaard Kodan Flooring Bowmanville Kate Hennessy Kates Cafe Newcastle Terry Hunt Stewart Foodservice Durham Susan Chambers Paraphernalia Books N Stuff Newcastle Gus Bastas Massey House Newcastle Zac Marchant OTE Construction Newcastle Kim Touw Touch of Glass & Linens Newcastle Rayna Woudstra Touch of Glass & Linens Newcastle Masood Vatandoust Keller Williams Energy Newcastle Cornelia Campbell Handa Travel Newcastle Colin Campbell Handa Travel Newcastle Vanessa Sosiak Sixth Workshop Newcastle Kevin Cancian OTE Construction Newcastle Shanta Wilson Priya's Hair Fashion Newcastle Cheryl Ricker Wicked Winks Newcastle Marni Lewis Clarington East Food Bank Newcastle Greg Lewis Greg Lewis Insurance Agency Newcastle Phyllis Price Price's Country Market Bowmanville Terry Price Price's Country Market Bowmanville Sara Aldridge East Side Marios Bowmanville Heather Capon A Wee Touch of Heather Bowmanville Catherine McKee Bowmanville Hairdresser Bowmanville Peter Hendrix CCC Brick Bros. Clarington Marie C. Smith Under The Toad Stool Bowmanville Gary A. Brown Brown's Electric Bowmanville Lloyd Vandergaast Van Terra Farms Ltd. Bowmanville Kate Craine One by One Breadworks Bowmanville NAME BUSINESS LOCATION John Gurley Your Go 2 Durham David Clark Clark Meats Newcastle Janet Lange Janet Lange Art & Design Bowmanville Richard McErlean Trans Way Oshawa Cursten Gill EMS Toronto Toronto Jennifer Ellis EMS Toronto Toronto Brett Giloed Home Depot Bowmanville Brian Giddy East Side Marios Bowmanville Mike Bell East Side Marios Bowmanville Paul Duabney Daubney PTS Inc. Clarington LuAnne Wagner Home Instead Senior Care Durham Montana Berber Hair Stylist Clarington Paige Smith Byrom Freshco Bowmanville Kevin Byrom Freshco Bowmanville Dale Crowden Home Instead Senior Care Durham Kathy Davis Avon & Senstry Rep. Bowmanville Lisa Tennyson Clipps & Craft Pet Grooming Bowmanville Christine Hinton GM Dealership Bowmanville Paula McLeod Artistic Kut & Kurl Bowmanville Owen Ferguson Clarington Fire Dept. Bowmanville Jane Robichard Cosco Oshawa Chris Robichard Cosco Oshawa Tyler McRay Clarington Fire Dept. Clarington Lindsey Denis Hyland Family Clarington Keegan Arron Arron Landscape & Construction Clarington Connor Arron Arron Landscape & Construction Clarington Mark A. Kein East Side Marios Bowmanville Arlene Cole Glen Street Public School, V.P. Oshawa Renee Barry Catherine's Restaurant Durham Dianna Powell Total Reproductions Inc Durham Craig Powell Total Reproductions Inc Durham Morton Edwards East Side Marios Bowmanville Jenn Harper Durham DJ /Teacher Durham Craig Black Durham DJ /Teacher Durham Thomas Edwards Teacher (retired) Bowmanville Kelly Babcock Kelly Babcock Makeup Artist Clarington Beth McCahon Birch & Baker Ashburn Kristie Carr Brand Ambition Bowmanville Katie Dempsey Brand Ambition Bowmanville Lindsie Grey Lindsie Grey Photography Clarington Francesca Schettini Design Events on a Dime Durham Ashley Adams Flashback Photo Co. Clarington Lisa Radu Aspen Florist Bowmanville Karen McIntosh Galmorous Ajax NAME BUSINESS LOCATION Sue Searle Hawley Crescent Catering Whitby Rager Searle Hawley Crescent Catering Whitby Jill Kennedy That's The Idea Ajax Kim Gervais Cruise Holidays of Metro East Whitby Jeanne Theriault I Love 2 Cook Whitby Nicole Walker Nicole Walker Images Oshawa Marlen Marco Heart of Networking Durham Adam Cramley Beacon Heights Bookkeeping Bowmanville Tim Morgan Investers Group Bowmanville Juliet Alleyne Mind & Body Action Bowmanville Richard Beacock D & R Custom Fencing Orono Saamantha Ovenell Sammie Mac Creative Port Hope Kristina Snelgrove Burrows Insurance Group Oshawa Michelle Leduc Decorating Den Oshawa Jane Warr Trainer Jane Pickering Tammy Hart Tammy Hart Interior Design Ajax Sheri Bambrough Suit Your Target Oshawa Suzanne Dashney The Alergy Treatment Centre Oshawa Cathi Westrop Whitby Soap Company Whitby Kristen Shouldice BCAD Oshawa Shaliza Khan Minuteman Press Ajax Lia Bandola Life Lessons Unlimited Ajax Daniel Zanzonico London Life Insurance Pickering Liz McIntosh Nerium International Pickering RESIDENTS LOCATION RESIDENTS LOCATION Kevin Rogers Orono Nylata Salmon Oshawa Queenie Tran Bowmanville Amanda Lachlan Oshawa James Carlaw Peterborough Ryan Kent Fraserville Shelly McGuey Newcastle Dax Lacey Bowmanville Stanley Lane Newcastle Jennifer Carcich Bowmanville Ross Robinson Newtonville Amanda Veraldi Newcastle Wade Penwarden Newcastle Daryl Adams Bowmanville Sharon Haines Newcastle Marty Vanhoof Bowmanville D. McIntosh Newcastle Morley Moore Jr. Clarington Andy Tang Newcastle Shawn Connolly Clarington Lynn Couch Newcastle Hugh Hicks Bowmanville Jim Couch Newcastle H. MacDonald Clarington Lucy Vergos Bowmanville Tammy Salisbury Bowmanville Laurie Williamson Bowmanville Greg Marsh Clarington Donald Williamson Bowmanville Carol Emond Clarington Donna Moore Bowmanville Luc Papineau Clarington Scott Feeney Bowmanville Kathy Pope Bowmanville Courtney Cox Bowmanville Cam Pope Bowmanville Constance Hodgson Bowmanville Randy McDougall Bowmanville Bill Hodgson Bowmanville Tracey Mone Courtice Sandra Frankevych Bowmanville Julie Papineau Clarington Eric Atkinson Courtice Marshall Lewis Clarington Larissa Frankevych Courtice Lauren Derry Bowmanville Bev MacKinnon Bowmanville Elizabeth Baoers Clarington Earl MacKinnon Bowmanville Derek Baoers Clarington Mark Roberts Bowmanville Malorie Del Vecehio Clarington Margaret Noble Bowmanville Nicholas Wierstra Clarington Kenvin Noble Ajax Carol Barry Bowmanville Jerry Everett Bowmanville Fred Ryan Bowmanville Ron Morris Oshawa M. Simpson Clarington Tamra Laughlin Oshawa R. Simpson Clarington Shaina Hidgson Oshawa Darren Whitters Bowmanville Amanda Adamson Oshawa Chantel Haney Bowmanville Shannon Hockett Durham Deborah Snow Bowmanville Brian McErlean Bowmanville Lucas Clow Bowmanville Kris Krummenacher Bowmanville Jeff Tarboyton Bowmanville Gertrude Zatylny Durham Kevin Picov Bowmanville Corrado Cavarra Durham Matthew Berry Bowmanville Jennifer McErlean Bowmanville Sylvia Tanner Bowmanville Debbie Driscoll Clarington Jason Crawford Bowmanville Dan Zambri Durham Kaye Edwards Bowmanville Chanelle Bell Orono Madison Bernie Bowmanville RESIDENTS LOCATION RESIDENTS LOCATION Patrick Rineaud Bowmanville Raissa Chernushenko Oshawa Cindy Parker Clarington Hannah Stojanovski Ajax Ashley Adams Clarington Jim McGregor Bowmanville Heather Harton Oshawa Caroline McIntosh Whitby Paula Newman Courtice Sherry Corbitt Whitby Meghan Gilfoy Bowmanville Kellie Deiren Clarington Robert Gilfoy Bowmanville Shannon Sheppard Whitby Sabatino Cipro Newtonville Nora Anderson Oshawa Carol Cipro Newtonville Barbara Wedge Clarington Scott Story Orono Randy Melion Pickering Patricia John Oshawa Sarah Rineaud Bowmanville Barbara Hayes Ajax NAME MAKERS / ORGANIZATIONS Cathy Bartolic Executive Director, Ontario Farm Fresh (OFFMA) Chuck Thibeault Executive Director, Central Counties Tourism Tom Coleman President, Durahm Farm Fresh Granville Anderson Liberal MPP - Durham Kim Rudd Liberal MP - Northumberland - Peterborough South Teresa Shaver Executive Director, BACD Ambrose Price Canadian Designer, Decorator, Event Planner and Television Personality Presentations and Handouts Agriculture Advisory Committee of Clarington Accomplishments 2016 Highlights: Proposed Official Plan: Agriculture Committee provided details comments, had discussions with staff, members attended the open house and closely followed the progress of the project throughout its duration. Supported the study of the agricultural potential of whitebelt lands. Greenbelt Review: Attended public information meetings, provided comments and have followed up with discussions with media, politicians and provincial representatives. Neonicotinoiids and pollinators: Continue to monitor the regulations surrounding use provincially and federally. Agri -tourism: Reviewed provincial "Guidelines on Permitted Uses", provided support 2% of area as maximum for diversified uses, continue to assist staff in determining agri-tourism and value- added secondary uses. CBOT Resolution: Provided a resolution supporting the focus Clarington Board of Trade has on agriculture and agri-food economic development. Made additional suggestions for economic development objectives for CBOT and Durham Region. Surplus Farm Dwelling provided comments, suggestions and actively assisted with educating decision -makers on issues related to surplus dwellings and how they can be better addressed. Supported private member's bill to continue certified crop advisors, assisted with Farm -Credit grant applicaions, recognized role Arnot Wotten played in the formation of the committee. Supported additional compensation for poundkeeper. Involvement in Events: CBOT Agricultural Summit - March 221d focused on 3 distinct areas, agri-business, opportunities in agri-business and intergenerational transfer. 80 people attended. Farm Connections April 6, 7, 8 with much volunteer participation from Clarington. DAAC Farm Tour was partially held in Clarington on_September 15th included demonstration of tile draining and showcased robotics and drone technology. Agricultural Gala October 27th, 2016, The Rickard Family recognized with Agricultural Spirit Award and Brad Found as the Farmer under 40. THEE Parade of Lights — 17th Annual on December 7th, with a new safer route.. Presentations at Meetings Invasive Plant Species, Ken Towle Ken works at GRCA and is also on the Ontario Invasive Plant Council. Ken provided an overview of the invasive plant species that are most common in Clarington, showing photos of them, issues with them, how they spread, and potential controls. The Early Detection and Distribution System allows tracking and mapping of invasive species through on-line data entry at www.EDDMapS.org/Ontario. This international system has been officially adopted by Ministry of Natural Resources and Forestry. Durham Farm Fresh - Tracey Werry An overview of the activities to jointly market and sell the cornucopia of different fruits and vegetables grown here in Durham, everything from strawberries and apples, to pumpkins, wine, and Christmas trees. Clarington has a large percentage of the members. Durham Farm Fresh has a brochure, website, joint marketing campaigns, and has tourism destination signage for members. Membership is $200/year with between 60 to 65 members plus the opportunity to buy into the signage program. Workshops are provided for members on various topics. Road Works, Ron Albright Engineering Services An overview of the construction that has been completed for Holt Road interchange at the 401 and the new alignment of South Service Road, in 2016 Holt Road is to be reconstructed from Highway 2 to Bloor and then in 2017 Bloor to 401. This work is contingent on Clarington budget approval and also whether the road assumed by the Region. Ron will know more on both of these items soon. Nancy Rutherford and Stacey Jibb, Durham Planning and Economic Development Durham Agriculture Strategy An overview of the Strategy and the Actions taken to date (mid -way point of strategy). There are some items that the committee raised that could assist farmers and agriculture or ag-related remain more viable in Durham. Suggestions involved better communication between what Economic Development is doing and the Ag Advisory Committee of Clarington; understanding any potential development for the anaerobic digester to be a co-op that could take restaurant compost and flower shop compost (is some of this a potential feedstock for livestock?); excess heat from EFW to greenhouses requires the piping to be in place and should not be on services land but rather agricultural land in close proximity. Is there a role for Ag community and Durham Region to play in DLab for value-added products such as cidery; role of Region in combating invasive species as part of the climate change portfolio; support from Region on remnant parcels along 407 remaining in agricultural production ratherthan becoming natural heritage compensation lands; and broad band for rural areas. Carolyn Puterbough, OMAFRA and Sheila Hall, CBOT The Clarington Board of Trade works with OMAFRA and is able to use the information and statistics that OMAFRA has licenses for. The information is compiled by the company using many data sources. The data bank makes analysis of an issue using the statistics relatively easy, it also allows for comparison across the Province and trend analysis. The data bank is not specific to agriculture it covers all sectors of employment. Agriculture data is derived from three major sources. First, most agriculture production statistics are collected from telephone, mail -in and enumerative surveys of farmers, with additional information supplied by government field officers, agribusiness personnel, and farm marketing boards. The second source is the Census of Agriculture which is conducted every five years. The Census serves as a "benchmark" for livestock inventory and crop area estimates as well as supplying a wealth of information on many other aspects of agriculture in this province (e.g. land use, farm types, value of sales). The third source of statistics is commonly termed administrative data. These data consist of complete or nearly complete counts of items such as exports, imports, and marketing of inspected or controlled commodities. Paul Ruttan, Melvin Ramcharitar, Dave Keys — Blackbird Infrastructure Consortium and Dawnett Allen— MTO The Blackbird team and the Infrastructure group are the designers and the Construction group are constructors, the client is Infrastructure Ontario (with MTO). This Project will cost approximately $1.2 billion, which will include design, construction and Operations, Maintenance and Rehabilitation of Highway 407 and Highway 418 for 30 years after Phase 2A of the Project is open to traffic. At this point Blackbird is 90% complete in the design stages, the design is audited by an independent design firm and MTO. Earthworks have started within 11/2 months will be occurring in all phases. In Phase 2A 8 bridges are under construction another 10 bridges are required. Committee members highlighted their concerns about fencing, dust suppression, accessing fields and property, potential for disruption of business due to detours. Prof Katie Wood, Fetal Programming and Epigenetics in Livestock Production Katie provided a presentation on the genetic effects and potential that feed types and timing during pregnancy can have on production. They have been able to isolate that changes to meat quality can be affected by feed during pregnancy; further it can be isolated to specific times and quality of feed during the pregnancy. There are many unanswered questions and Katie has her research career set out for her. While Katie's research is on beef cattle, the affects of fetal programming can be used on any type of livestock. Fetal programming effects can change the genetics of the cattle and be hereditary. Lisa Backus, Senior Planner, Draft Clarington Official Plan and 4 —Plan Review - Lisa provided a details explanation of the draft Official Plan, how it relates to the existing Official Plan. For example that natural heritage policies for the most part remain unchanged but that mapping has drastically improved. The majority of the policy changes affect the urban areas; however, that is very important to the agricultural community as it means urban boundaries do not expand into agricultural areas. Mike Porporo, Mark Lindquist, Terry -Lynn Wright, MPAC An overview of how property assessments and in particular how the farm assessments are calculated. MPAC investigates sales to ensure they are sales of lands to a farmer. In addition Ministry of Finance recommended that for farm sales, MPAC can use sales back to 2008 (6-8 years) unlike residential. Mike demonstrated the information that can be found at https://www.aboutmyproperty.ca/ it is highly recommended that when reviewing your assessments that you take advantage of the tools and comparators provided. There is a wealth of information that can be gleaned on the site and you can drill down on your individual properties using your roll number(s), you can log in using your home farm and then link the remainder of your assessments (if you are a multiple property owner). MPAC indicated that just because assessment value increases it may not necessarily mean taxes will increase. Tax rates are determined by regional and municipalities Gord Weir, Fire Chief Gord provided a slide presentation about the emergency planning, the groups involved, resources and equipment that the Municipality has to fight fires in Ganaraska Forest, Long Sault, Enniskillen CA's and Kendal, Orono Crown Lands and other such areas in adjacent municipalities. MNR downloaded this responsibility to fight forest fires in Ganaraska in 2000, a committee was formed with the Conservation Authorities, adjacent municipalities (e.g. Port Hope, Hamilton Township, etc.), DRPS and others that have responsibility for these area. The Committee meets three times a year to update plans, plan mock exercises and review "lessons learned" from emergencies that have occurred in these areas. Gioseph Anello, Durham's Road to Anaerobic Digestion & Energy From Waste Gioseph Anello the Manager of Waste Planning and Technical Services at the Regional Municipality of Durham provided an overview of the Region's waste management services, an introduction to the Region's initiative to develop an anaerobic digestion (AD) facility for residential organic waste, and an update respecting recent air emission concerns from the Durham York Energy Centre (DYEC). Marlene Werry, Instructor Durham College Programs for Agriculture, Field to Fork Marlene provided an overview of the two year program at Durham College. The focus is field to fork, emphasizing the full circle of rearing crops (currently there is no livestock involved) to what the culinary world is looking for. There will be on average about 10 graduates per year. Many of the students are from urban areas and looking at market gardening and how to make a living from small acreages. Marlene provided an a listing of the courses being taught and also the research resources at the college. The follow-up from Marlene's presentation will be a meeting with researchers at Durham College to discuss what the agricultural community is looking for and how they could possibly assist. The same type of presentation/discussion has happened with UGIT. Application By: 2084165 ONTARIO LIMITED & AKERO DEVELOPMENTS INC. 3222 Middle Road 3350 Middle Road Public Meeting: Monday January 9t", 2016 fr - � tib— - , -•. ' ' ai -- - Phas �'--B e 8- -- ZBA 2016-0026 - - ;-- --; J --� -.-�----J-' --I SC 2016 -0003 - --- -- _yl. Cf1 -, �q�R DR p - 3tY ✓�e�M Phase 7_ q�-9 �F I y I � ' MOSES CRI w �I >. Phase• o _.., •aa CD CD _ loi- LW ~� ZBA 2016 - 0025 L-1-1-:1: _ 5G 2016 - 0003 _Phase -9 ---- Lu ZBA 2018-0025 +,TP -I - ZBA 2016-0026 A r $" SC 2016-0003 Northglen Neighbourhood Design Plan La�end R.�a�C WCLI M'YK=� rrw ••rri cwtn -4k. -•- Land Development South Parce I I I � —) MOSES CRESCENT LU Q co 0 A LU J 0 U � B C C a D d A NORTHGLEN BOULEVARD Subject Site • A + A +a = I Block •B+b=1lot • C+c= 1 lot •D+d=1lot Tota 1: • I Block for Medium Density Townhouses • 3 lots for Single Detached Dwellings North Parcel BILL COLE COURT a a c Subject Site a a a b c � w 0 d e f 9 D E F WILLIAM FAIR DRIVE •A+a=1lot • B+b=1lot •C+c=1lot • D+d = 1 lot • E+e=1lot •F+f=1lot Tota 1: 6 lots for Single Detached Dwellings Comments • No issues have been raised from the public • Uses and lotting pattern is consistent with approved Northglen Neighbourhood Design Plan. • The parcels were included in all the background studies for the related approved draft plan. fr - � tib— - , -•. ' ' ai -- - Phas �'--B e 8- -- ZBA 2016-0026 - - ;-- --; J --� -.-�----J-' --I SC 2016 -0003 - --- -- _yl. Cf1 -, �q�R DR p - 3tY ✓�e�M Phase 7_ q�-9 �F I y I � ' MOSES CRI w �I >. Phase• o _.., •aa CD CD _ loi- LW ~� ZBA 2016 - 0025 L-1-1-:1: _ 5G 2016 - 0003 _Phase -9 ---- Lu ZBA 2018-0025 +,TP -I - ZBA 2016-0026 A r $" SC 2016-0003 i 582 Morgans Rd. 01'r-1114" t-t--t-n Official Plan and Zoning By-law Amendment Prepared For: Deborah Mathias Prepared By: Clark Consulting Services CLARK L.ONSULTING SERVI,' Proposal Establish farm -related agri-tourism uses including special events, weddings and family celebrations, educational farm tours and to permit farm gate sales of meat. Applications • Site Specific Amendment to the Clarington Official Plan to allow proposed land uses (COPA 2015-0005). • Zoning Bylaw Amendment to Agricultural Exception (A- #) to allow proposed land uses (ZBA 2015-0015). Application History • September 2015: Applications submitted with supporting studies- circulated to agencies for comment • October 26, 2015: Public Meeting • April 2016: Revisions submitted based on agency review and public consultation • January 9, 2017: Planning and Development Committee Meeting A„ .Pk List of Structures: Owner's Home Garage Bank Barn With Meat Prep & Sales Covered Event Building Portable Kitchen Portable Washroom Lot Dimensions: Lot Area: 40 acres Lot Frontage: 505 metres &Sales�" Prepared -BY: Clark Consulting Services `'� *�`! s --,.— Garage Date: January 16, 2014 -5 i Revised Date: February 23, 2016 tom• June 2016 January 2017 Base Maps Prepared By: VELD architect CLARK Z -\3017 -Graham C,cr I.i•,, 1BA\Graphics\Coo ptu.IS''te Play Jau-41 cdr Wr Clark Consultin Services A g CLARK CONCEPTUAL SITE PLAN # Property Address: 3582 Morgans Road • Newcastle, Ontario Legend: Stocked Fence —••—••—•• - _ Proposed Driveway ...................... r' Pond List of Structures: Owner's Home Garage Bank Barn With Meat Prep & Sales Covered Event Building Portable Kitchen Portable Washroom Lot Dimensions: Lot Area: 40 acres Lot Frontage: 505 metres &Sales�" Prepared -BY: Clark Consulting Services `'� *�`! s --,.— Garage Date: January 16, 2014 -5 i Revised Date: February 23, 2016 tom• June 2016 January 2017 Base Maps Prepared By: VELD architect CLARK Z -\3017 -Graham C,cr I.i•,, 1BA\Graphics\Coo ptu.IS''te Play Jau-41 cdr Wr Clark Consultin Services A g CLARK Stocked _ Pond ," p Covered Event Building jk r ■ \ •1 Portable Porta6Pe Kitchen�,o , _....------- •-.,t O Washroom � ¢ `r Park,ng A X60 r aces] Owner's Home' a' 1 ` �� �� �� agoor N0j•'�With Bank Barn Meat Prep List of Structures: Owner's Home Garage Bank Barn With Meat Prep & Sales Covered Event Building Portable Kitchen Portable Washroom Lot Dimensions: Lot Area: 40 acres Lot Frontage: 505 metres &Sales�" Prepared -BY: Clark Consulting Services `'� *�`! s --,.— Garage Date: January 16, 2014 -5 i Revised Date: February 23, 2016 tom• June 2016 January 2017 Base Maps Prepared By: VELD architect CLARK Z -\3017 -Graham C,cr I.i•,, 1BA\Graphics\Coo ptu.IS''te Play Jau-41 cdr Wr Clark Consultin Services A g CLARK Planning Related Considerations This is an Active Farm Operation • The farm operates year round raising animals for meat sales (over 65 animals on site at this time). • Property qualifies as Farm Property Class under the Assessment Act and the farm is registered with Agricorp. The owners are member of the Ontario Federation of Agriculture. • Land used as pasture for animals with a rotating planting of boy beans to ensure soil quality every � 10 years est practices). Planning Related Considerations Proposed Uses are Secondary to Farm Use • Seasonal and part time operation • Farm products will be served at events • Proposed uses occupy 2.2% of total land area of farm in line with OMAFRA Guidelines on Permitted Uses In Ontario's Prime Agricultural Area • Rural landscape and farm ambiance are resources that provide opportunity for economic diversification in rural areas. Planning Related Considerations Limited Scale of Proposed Land Uses • Seasonal/part time operation from May - October • Total number of guests limited to 233 persons for 1 event based on land capacity for servicing • Limitations on hours of operation • The Site Plan Control Bylaw will set out limited areas for special event activities including parikiing , i Ming Planning Related Considerations Ensure Compatibility with Adjacent Land Uses Noise: • Mitigation will ensure that noise meets the Rural (Class 3) MOECC guideline • Noise will be monitored during events to ensure compliance • Limitations on hours of operation • Events are setback from the road and buffered by vegetation. Traffic: • Utilize bussing and alternative means of transportation to reduce traffic Conclusions ✓ The proposed land uses are secondary to an existing farm operation ✓ Site Plan Control will regulate site design and development i.e. parking and lighting on site. ✓ Potential impacts of noise and traffic will be mitigated through: limit number of guests; limit hours of operation; ensure music meets provincial standards; utilize bussing and alterative means of transportation to reduce traffic. ✓ Provides an opportunity for an existing small farm to diversify with farm related uses. CONSULTING SERVICES Mitigating Concerns Communicating with our neighbours is key. We will be available via phone and on site during our events and we encourage our neighbours to call us with any concerns. We will communicate scheduled events with our neighbours if enquired, and we encourage open communication. The Need to Diversify 40 acres family farm raising all natural beef &Iamb Site Description: Poor soil conditions Nutrient Management Plan, 22.2 acres farmable for livestock Environmental Farm Plan -protecting ponds, creek and forest. d ,Srawl .., �"--�tir. n„¢, �,.. �•�E'--. c -fit . �, e,. 1 r I� , i y a, r o � ,i^ tt Ir The Need to Diversify Cont Suited for Agri -tourism Farming as a sustainable future Retirement &succession plans Land stewardship `Age in Place' Pre Consultation Table `A' Site Plan Property Survey Nutrient Management Planning Consultant Archaeology -Stage 1 Site Entrance Engineering Hydrogeologic, Water, Soil & Septic Environmental Site Screening Farm Mgmt. /Best Practices Grow Your Farm Profits (OMAFRA) Diversification & Agri -Tourism Plan Biosecurity Plan Environmental Farm Plan Cleaning &Sanitizing Economic Impact Report Structural Engineer -Barns Bovine & Ovis Aries Myology Reports Noise Acoustic Review I �4 _ Or i _ Jam;• '- - ���- ~- - � Ly .�� }}- - z� 2004 arm X71 _ f 1 n.. AA Locally Sourced Goods & Services • Committed to Sourcing Local o Rentals ■ Everything has to be brought on-site ■ Local Produce on menus Preferred Local Vendor List ■ Contributing to the local economy Agricultural Impact Continued Farming will contribute economically to the local agriculture businesses Graham Creek Farm have used 90 Agricultural Services & Businesses in last 9 years ... Help us to continue to support agriculture!! Agri -Tourism Business Model - Value Consulted Executive Chef for a breakdown of beef &Iamb myology • The main farm operation will increase its revenue by the sale of: o Serving prepared select meat cuts during events & tours o Other cuts sold at market value in our seasonal farm gate market Community Support • Support letters to Mayor & Members of Council 0 110 Local Businesses 0 107 Local Residents 0 7 Policy Makers / Organizations Tourism Stakeholder - Farm to Table `For Profit with Purpose' • Promote agriculture by sharing the "Farm Experience" • Inclusion in Durham Region and Clarington's "Farm Festivals & Events" • Farm Gate Market • Farm to Table Initiatives • Educational Farm Tours main= 47-`J .03 If101111 ..A - -4 Irwi7. 4 it 010,5 .4F 1 4 '49 Education & Employment Elementary Curriculum Based School Tours Secondary Co-operative Education Post Secondary Field Placement Opportunities Seasonal Youth Employment Good evening Chairman Woo, committee members and fellow taxpayers. My name is Ted Meszaros and I live at 3303 Morgan's Rd. In the report PSD 007-17 section 7 it mentions that there was a revised justification report received after the public meeting in 2015. We want a public record noting that the concerned citizens on Morgan's Rd. were not notified of this revised report or given opportunity to read it. Within the Planning Serves The Planning Services report given to us it seems that the author is choosing measurements meant to confuse as they start with acres, move to hectares and finally square metres. We request that this report be redone and the use of either metric or imperial numbers be used through the whole document. Besides being confusing this way it seems that the author is unsure of whether or not this property is 16.2 hectares or 16 hectares. This makes quite a difference when the calculation for on farm diversified use is clearly stated in the PPS "on-farm diversified uses may occupy no more than 2%." This report does not adhere to on-farm diversified restricted size oft%. In Amendment no. 108 23.17.18 requests that the actual amendment be for "no more than approximately 2.5% of the subjected lands" This is well beyond the 2% restriction. There is no compromise to this restriction. Figure 1 is a map with the Site location and Proposed Site Plan. The dotted line indicating the area for the banquet facilities is well beyond the 0.324 Ha. allowed. Council is asked not to approve this rezoning proposal until such time as an accurate site plan is completed and presented. PPS states "Large-scale repeated events or permanent events are not on-farm diversified uses and should be directed to existing facilities such as fairgrounds, parks, community centres and halls." Note in the Newcastle area there are ample private and taxpayer supported banquet facilities. Clarington's Agricultural Advisory Committee agreed that on-farm diversified uses be compatible with traffic. Morgan's Rd. is substandard in construction and surfacing i.e. not paved and not signed. Many people use this road for leisure activities such as dog walking, jogging, and biking. We also have a substantial number of agricultural vehicles that regularly use Morgan's Rd. and the 3`d and 4`" concessions. The increase in traffic going to the banquet facilities will create incompatible situations for slow moving farm equipment. In Planning Services Report 11.19 States "The special events use must not adversely affect the ability for surrounding farms to carry on normal farm practices." If an adjacent farm was to revert back to their cow/calf operations, a banquet facility would affect their normal farm practices. Municipal Act 2001 authorizes municipalities to pass by-laws that require security plans. Given that security is a huge concern we request that an appropriate security plan be developed and presented to staff, council and concerned public before approval of by law and site plan. PPS 2.3.3 States that One of the "examples of uses that Would Typically Not be On -Farm Diversified Use is large-scale recurring events with permanent structures" This proponent is requesting that a banquet facility for 233 people using permanent structures that have been on this farm for several years. Council is asked to instruct staff to clarify what they feel is a large-scale recurring event. In comment 9.1 it states "use meat only produced on the farm" Council is asked to seek advice from the Agricultural Advisory Committee on the raising of wildflower, pasture fed beef from start to finish. Including such things as amount of pastureland needed, length of time finishing and any other relevant and pertinent information that these expert scan share. Council is asked to seek advice from those who work in the catering business on the practicality and feasibility of serving 233 guests at a banquet hall facility on a frequent basis using a portable kitchen. We respectfully ask Council to postpone the vote on this rezoning amendment until such time as the answers to our questions have been addressed. We ask that all interested parties be given these answers in written form two weeks before this business is to come before a committee or council.