Loading...
HomeMy WebLinkAboutPSD-056-20Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: December 7, 2020 Report Number: PSD-056-20 Submitted By: Reviewed By: File Number: Report Subject: Faye Langmaid, Acting Director of Planning and Development Services Andrew C. Allison, CAO S-C-2019-0004 & ZBA2019-0017 Resolution#: PD-213-20, C-530-20 By-law Number: 2020-091 Draft Plan of Subdivision and Rezoning to Permit a Block of 17 Townhouse Units within a Common Elements Condominium, Courtice Recommendations: 1. That Report PSD-056-20 be received; 2. That the application for a Draft Plan of Subdivision submitted by LCJ Thomas Estates Inc. c/o Sakmet Developments to permit a townhouse block, be supported subject to the conditions contained in Attachment 2 to Report PSD-056-20; 3. That the application to amend Zoning By-law 84-63 be approved and that the Zoning By- law Amendment in Attachment 3 to Report PSD-056-20 be passed; 4. That once all conditions contained in the Official Plan 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 no further Public Meeting be required for the future Common Elements Condominium; 6. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-056-20 and Council's decision; and 7. That all interested parties listed in Report PSD-056-20 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-056-20 Report Overview Page 2 This report recommends approval of a proposed Draft Plan of Subdivision and Zoning By- law Amendment in Courtice at Nash Road and Richfield Square. The proponent is LCJ Thomas Estates Inc./Sakmet Developments requesting a 17-unit townhouse development on a private laneway in a Common Elements Condominium. Staff are recommending approval. 1. Background 1.1 Owner/Applicant 1.2 Proposal: 1.3 Area: 1.4 Location: LCJ Thomas Estates Inc. c/o Sakmet Developments Draft Plan of Subdivision The proposed draft plan of subdivision would create 1 block to facilitate the development of a common element condominium townhouse block. Zoning By-law Amendment To rezone the lands from "Urban Residential Type One (R1) Zone" to an appropriate zone that would permit 17 condominium townhouse units in Courtice. 1 acre (0.41 ha) 1668 Nash Road, Courtice 1.5 Roll Number: 1817 010 090 23600 1.6 Within Built Boundary: Yes 2. Background 2.1 On October 30, 2019, LCJ Thomas Estates Inc. c/o Sakmet Developments applied for a Draft Plan of Subdivision and Rezoning for 17 townhouse units. The proposal also includes common elements such as an outdoor amenity space, a private street, a meter room, and five visitor parking spaces (Figure 1). 2.2 The proposal was circulated to agencies and departments for review and comment in early 2020. Due to unforeseen circumstances with the State of Emergency related to COVID-19, the Public Meeting could not be scheduled until a change in legislation in mid -April. A virtual Public Meeting held via Microsoft Teams was held on June 8, 2020. Municipality of Clarington Page 3 Report PSD-056-20 �J /V mom 44" • I i m • • • 1, p.1. lSbd ...Tlf �i 71w. .17Fs .JHj ,r \ �1-L. TILL. .0-4 Ta. 47 t W a - /Ya. % oaME onnF. mE omF ICE STREET A' \ Wonr um �cmm q w .rep 76 = 1�1 COLLECT SNOW 6& AREA ` V reps ra-s X-4 ill 'AU-s OUTDWR d, AMENITY SPACE AREA(132.71 mM _ - Si i �nrvrFrnnE � � °eea � � � __ uasonmeiunn a 4,� o�aasra3r� U. RahMENN n wo V A [NASH, OROAD Ad Commercial Plaza Green/Open Space Residential Exisiting Residential Figure 1 — Proposed Site Design Municipality of Clarington Report PSD-056-20 Page 4 2.3 Since June, the applicant and their consulting team have been working on addressing the identified issues from the public, staff and agencies. While slight revisions to the site design have been made, their latest concept plan continues to propose 17 link townhouse dwellings on a private condominium lane. 2.4 The applicant has submitted several reports in support of the applications and reviewed in Section 7 of this report, including: • Urban Design Brief • Sustainability Report • Traffic Impact Brief • Functional Servicing and Stormwater Management Report • Geotechnical & Hydrogeological Report • Noise Acoustic Report • Tree Arborist Report • Archaeological Assessment Stage 1 & 2 Report 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 1668 Nash Road in Courtice, at the northeast corner of Nash Road and Richfield Square, near the main intersection of Nash and Trulls Road. The site is currently vacant. The lot area is 0.41 ha (1 acre) and has lot frontage of 63 metres (206 ft) on Nash Road (Figure 2). 3.2 The surrounding uses are as follows: North - A channelized tributary of Black Creek in municipal ownership; freehold townhouse units and detached residential dwellings. East - Detached residential dwellings on relatively larger lots. South - Courtice North Public Elementary School; Parkview Village Condominium West - A neighbourhood commercial plaza and detached residential dwellings. Municipality of Clarington Report PSD-056-20 VJ-011 r E, 2928 2 2 4 •� 24'4 8 r Page 5 ® Subject Property 4 r3yl! J•._ - s � �qh� •. .:. - .mod _ 39 ' r A Figure 2 —The subject property and surrounding neighbourhood Municipality of Clarington Report PSD-056-20 4. Provincial Policy Provincial Policy Statement Page 6 4.1 The Provincial Policy Statement (PPS) policies direct growth to settlement areas and promote compact development forms. Planning authorities are to facilitate a variety of housing forms and promote residential intensification to achieve efficient development patterns, especially along public transit and active transportation routes. The definition of `intensification' includes the development of underutilized lots within previously developed areas and infill development among other things. Recent changes to the PPS policies state that planning authorities shall also consider market demands when evaluating proposals. 4.2 The subject lands are located within a settlement area, known as Courtice, which is to be a focus of growth and development. It is also adjacent to a public transit route and bike and pedestrian route. Development proposals are to appropriately use infrastructure and public services while also respecting the surrounding context. 4.3 The applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.4 The Growth Plan is a long-term planning framework that manages growth, mainly within the urban areas of the Greater Golden Horseshoe. It provides policies to encourage complete communities, which includes a diverse mix of land uses, a mix of employment and housing types, high quality public open spaces, and convenient access to local stores and services. New transit -supportive and pedestrian -friendly developments will be concentrated along existing and future transit routes. The objective is to protect the natural environment, make use of existing public infrastructure, and encourage compact development within the already built up areas of the municipality. 4.5 The subject lands are within the defined Built Boundary and within the Urban Boundary of Courtice. Growth is to be accommodated by directing development to the existing built up areas of Courtice through intensification. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the Built-up Area. After the Regional Comprehensive Official Plan review is completed, the minimum target will increase to 50 percent. 4.6 The applications satisfy the objectives of the Growth Plan. Municipality of Clarington Report PSD-056-20 5. Official Plans Durham Region Official Plan Page 7 5.1 The Durham Region Official Plan designates the subject property as "Living Areas". Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads. The application conforms to the Regional Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the property "Urban Residential" and is located within the Built -Up Area of the Municipality. The proposal for 17 townhouse units would contribute towards the Municipality's Residential Intensification Target and utilize existing public services and infrastructure. Intensification within the Built-up Areas is encouraged and is to be given priority. 5.3 Table 4-3 of the Plan provides the Urban Structure Typologies for specific areas of the Municipality. These identified areas are where growth and higher intensity built forms are to be directed. The site is located at the edge of a neighbourhood and is adjacent to a Type B Arterial Road, Nash Road. The subject lands are required to meet a minimum net density of 19 units per hectare. The proposal is for approximately 40 units per hectare. The built form shall be between 1 to 3 storeys and primarily used for ground related units including limited apartments, townhouses, semi-detached, or detached dwellings. 5.4 Any intensification or infill development, such as the one being proposed, must also consider and respect the surrounding context. Consideration will be given to: • Pattern of lots • Size and configuration of lots • Building types of nearby properties • Height and scale of buildings • Setback of buildings from the street • Rear and side yard setbacks 5.5 Multi -unit residential development will be developed on the basis of the following site development criteria: • Suitability of the size and shape of the site; • Compatibility with the surrounding neighbourhood; • Minimize impact of traffic on local streets; Municipality of Clarington Page 8 Report PSD-056-20 • Multiple and direct vehicular accesses from public streets, without reliance on easements; • Variety of unit designs; • Townhouses sited on blocks shall generally not exceed 50 units. 5.6 The application conforms to the Clarington Official Plan 6. Zoning By-law 6.1 The subject property is zoned "Urban Residential Type One (R1)", which recognizes the current land use of a detached dwelling. The R1 Zone does not permit the proposed townhouse development as such a rezoning application is required to permit the proposed use. A Holding (H) Symbol is placed on the zoning until the Draft Plan is registered and the Site Plan Agreement is finalized. 7. Summary of Background Studies 7.1 The applicant has submitted several studies in support of the development application which have been circulated to various agencies and departments for review and comment. Urban Design Brief 7.2 An Urban Design Brief was submitted to address the integration of the proposed development with the existing neighbourhood context. It provides details about how the development will complement the existing built form including architectural details, landscaping at the entrances and corner features. The report concludes that the design of the site will be consistent with the surrounding neighbourhood and will provide a pedestrian -oriented presence along Nash Road (Figure 3). Municipality of Clarington Report PSD-056-20 Figure 3 — Proposed Elevation along Nash Road Sustainability Report Page 9 7.3 The report provides a high-level overview of conservation and sustainability measures to be implemented in the development of the land in order to achieve a healthy and sustainable development now and in the future. It includes recommendations for the construction of the dwellings to improve air and water quality, implementation measures to reduce energy and water consumption, and an educational component for new homeowners. It is worth noting that the applicant is proposing to provide a 6-month transit pass to each homeowner to encourage the use of public transit and to take advantage of the public transit route along Nash Road. Other features like bicycle parking and strong pedestrian connectivity are intended to help reduce the need for personal vehicle trips. Municipality of Clarington Report PSD-056-20 Traffic Impact Brief Page 10 7.4 A Traffic Impact Brief analyzed the existing and future traffic conditions at the intersection of Nash Road and Richfield Square. The report concludes that the traffic impacts from the proposed development of 17 townhouse units are minimal since the forecasted trips to and from the site are considered marginal. The units will be serviced with an internal private lane which eliminates direct vehicle access to the public roads from each unit and concentrates vehicle traffic to two points of access, one off Nash Road and one entrance off Richfield Square. Functional Servicing & Stormwater Management Report 7.5 The Functional Servicing Report and Stormwater Management Report identified how the site will be serviced and how the stormwater will be managed post development. The report demonstrates the following: • parts of the site will drain uncontrolled to Nash Road to the south and the existing drainage channel to the north; • quantity control will be provided with the use of underground oversized storm sewer system; • Low Impact Development (LID) measures are proposed to minimize runoff and maximize on -site retention and quality control; and • Sanitary sewer system will be constructed within the development's private lane and then outlet to the existing watermain along Richfield Square. Geotechnical & Hydrogeological Report 7.6 The Geotechnical and Hydrogeological Report indicated that the groundwater will generally be lower than the depth of the future development. There will not be significant constraints for the proposed development from the seasonal variations of groundwater as the water can be handled with appropriate engineering techniques. Minor impacts to groundwater and surface water are expected as a result of the development. Low Impact Development measures are recommended to be incorporated to mitigate the impacts. Noise Acoustic Report 7.7 The Noise Report examined noise levels for the proposed outdoor amenity space, and the indoor and outdoor living areas from the road traffic and stationary noises from the mechanical units on the commercial plaza. The study included noise mitigation measures, including warning clauses for home buyers affected by high noise exposure. These warning clauses have been added in the Conditions of Draft Approval. Municipality of Clarington Report PSD-056-20 Tree Arborist Report Page 11 7.8 The Arborist Report identified a total of 82 trees on and within six metres of the subject property. The report recommends removal of the hedgerow along the west side of the property to accommodate the development. This area will need to be graded and disturbed to accommodate the vehicle entrance off Richfield Square and to access water services. The trees to the north and east are proposed to be protected, provided the appropriate protection measures are installed prior to construction. A subsequent site visit with municipal staff and the applicant's consulting team was held on October 8, 2020 and an overview of findings is included in Section 10 of this report. Archaeological Assessment Stage 1 & 2 Report 7.9 The Stage 1 work concluded that the subject property had archaeological potential due to the proximity to water sources. The Stage 2 assessment was conducted using test pit surveys. It was determined that no further archaeological assessment of the property was required because the test pit survey did not identify any archeological resources on the property. 8. Public Notice and Submissions 8.1 Public notice was provided to each landowner within 120 metres of the subject lands and two signs were posted on the property, advising of the complete application and public meeting details. 8.2 Staff have received a number of inquiries with respect to the application. Residents have expressed the following comments/concerns about the application either directly to Staff or at the Public Meeting held on June 8, 2020: • Removal of the mature trees along the north and west side of the property; • Environmental impacts to birds and wildlife • The increase in units would further aggravate the existing traffic issues on Richfield Square, particularly during pick up and drop off times from the nearby school; • Increase in vehicles parking on Richfield Square from the new development would further aggravate the existing parking issues; • Safety of pedestrians, particularly students; • Negative impacts to quality of life and home value; • Dust from grading of the site; • Units may be rented, and properties may be unkept; • Reduced sightlines at the intersection of Nash Road and Richfield Square; • Grading and impacts to the water table resulting in flooding of trees/vegetation; Municipality of Clarington Report PSD-056-20 Page 12 • Access to Richfield Square should be removed from the plan, relying on Nash Road for the access; • Concerns relating to increasing intensification and public health concerns due to a pandemic; and • More population will put further strain on the available services in the area. 8.3 Eight members of the public spoke at the virtual Microsoft Teams meeting. A number of participants had concerns with the online virtual format and whether it was providing an adequate opportunity for feedback. 8.4 A petition signed by 37 individuals was received requesting protection of the trees along the westerly property limit. 9. Department and Agency Comments 9.1 The application was circulated to several internal departments and external agencies for review and comment. Comments received from departments and agencies were generally supportive of the application and no major concerns were identified regarding the overall concept. Department Comments 9.2 The Public Works Department finds the overall volumes and levels of service in the Traffic Impact Study acceptable. 9.3 The Clarington Fire and Emergency Services Department has no concerns with the overall proposal. Comments related to site plan details were provided requesting the installation of fire route signage and showing the fire hydrants on the site plan. Agency Comments 9.4 CLOCA has advised that the Low Impact Development (LID) feature in the north section of the property encroaches into the tree preservation area. Development should not encroach into this area. There are also some outstanding comments pertaining to the low impact development feature proposed. However, these comments can be addressed through the Conditions of Draft Approval and Site Plan Approval process. CLOCA is overall supportive of the development application. 9.5 Durham Region Works Department requires a minimum of 6.5 m private laneway width from the edge of asphalt for waste collection service. The Region provided several technical comments related to the Functional Servicing Plan, in terms of methods used and detailed calculations and notes on drawings for connections. The Owner has been provided all technical comments to ensure these are adequately addressed through the Site Plan process. Municipality of Clarington Report PSD-056-20 Page 13 9.6 Durham Regional Planning Department has no objections to the proposed applications and has provided their standard conditions of approval which are reflected in Attachment 2. 10. Discussion 10.1 The subject lands are designated for residential development and planning policies support intensification of the subject lands. Residential Intensification Along Arterial Roads and Density 10.2 With direction from approved policy at the Provincial and Regional level, the Clarington Official Plan permits and encourages the proposed intensification project at this location. 10.3 The edge of neighbourhood and along arterial roads are appropriate locations for infill townhouse projects. Arterial roads are designed to accommodate significant volumes of traffic and having a singular driveway to a townhouse block is more desirable than individual private driveways. Regional and Clarington policies have strict guidelines for driveway spacing along arterial roads such as Nash Road. 10.4 Therefore, the approved policy framework not only approves, but encourages this type of development, and the technical limitations along arterial roads on limiting private driveways also support townhouse blocks. 10.5 Underutilized larger blocks such as the subject site are ripe for redevelopment. A townhouse block accessed by a private lane is a preferred and realistic option for developers as often a public road network cannot be accommodated. While staff require public road connections where possible, public roads are land intensive and can significantly impact redevelopment potential. These blocks satisfy intensification policies and provide a range of housing options and price point for homebuyers. 10.6 Staff find that developers/builders are leaning towards developing the common element style where unit owners' own Parcels of Tied Land also referred to as "POTLs", with only a shared common interest in the private driveway, visitor parking and outdoor amenity space. The alternative is a standard condominium where the condominium corporation can be responsible for more exterior elements of the condominium i.e. roof and window replacement and comprehensive grounds maintenance. The preference of common element style over a standard condominium is appealing from the home buyer's perspective as the POTL is not subject to any condominium restrictions, they own the `lot', and condominium fees are lower. 10.7 There are essentially no visible differences between a common elements style condominium versus a standard condominium, and planning regulations do not apply to tenure, therefore it is up to the developer to determine the type. Municipality of Clarington Page 14 Report PSD-056-20 10.8 The development of condominium blocks has challenges and constraints however Staff are cognizant of these emerging issues and address through site plan and condominium approvals i.e. Requiring municipal waste pickup, establishing appropriate easements/cost sharing, including appropriate warning clauses, and approving the location of utility boxes and air condition condensing units. Staff have developed a school of knowledge and there are takeaways from completed projects that we apply to new projects. This school of knowledge has evolved over time. Tree Preservation 10.9 With the first submission, the applicant proposed to protect the mature trees on the north and east side of the property to maintain privacy between the existing residential homes from the new development. Due to the installation of the driveway and services, required grading, and clearing of the sight triangle, the applicant proposed to remove all of the westerly hedgerow adjacent to Richfield Square. 10.10 At the Public Meeting a significant number of comments were made about the protection of the trees along the west property limit, adjacent to Richfield Square. The trees along the west property limit are comprised of cedars and Scots pine. Scots pine are considered invasive. See Figure 4 containing photographs from site visit below. Municipal and CLOCA Staff are of the opinion this is not part of a greater significant natural heritage system and in itself is not of significant value from a vegetation perspective. It is understood that many neighbours enjoy the visual break provided by these trees. Municipality of Clarington Report PSD-056-20 Figure 4 — Hedgerow along westerly property limit (October 8, 2020) Page 15 10.11 During the site visit, it was determined that it would not be possible to develop the lands and retain all of the hedgerow. Retaining a section of the westerly hedgerow was discussed as presented in Option 2 below (Figure 5). While protection of a section may address some concerns, it also proposes other challenges — splitting the hedgerow will expose the centre of the hedge which is woody and will not look attractive. It was also noted that to keep a section would require significant trimming adjacent to the proposed dwelling, also exposing the centre of the hedge. Given the quality and age of the hedgerow this is not recommended. In addition, the hedgerow straddles the municipal property limit which from liability and maintenance perspective is not desirable. Municipality of Clarington Report PSD-056-20 SAKMET DEVELOPMENT - 1668 Nash Road. Courtice ?I BLOCK 2 -e driveway Ga R I CHFIELD SQUARE STREETSCAPE - OPTION 1 REIN BERE➢ ELEVATKM - N.TS. m BLOCK 1 IQ BLOCK 2 BLOCK 1 RICHFIELD SQUARE STREETSCAPE - OPTION 2 RENDERED ELEVATION - N.T.S Page 16 i road NASH ]enng ROAD November 26. 2020 Figure 5 — Streetscape Rendering along Richfield Square: Option 1 — removing hedgerow and Option 2 — keeping a section of the hedgerow 10.12 Staff prefer Option 1 (Figure 5) by removing the westerly hedgerow in its entirety and through site plan approval Staff can require robust planting that will be healthier and more attractive versus the resources needed to save a hedge at the end of its lifespan. Staff also recognize the efforts of the applicant to retain the vegetation on the north side and east side of the property. A complete representation of the 2 options prepared by the applicant is included as Attachment 1. 10.13 Impact to birds and wildlife were raised as concerns by the residents. With the protection of existing vegetation along the north and east property limits and eventual reinstatement of vegetation along the west side, there would be negligable net impact to birds and wildlife in the neighbourhood. Staff note that the lands north of the subject site are in the municipality's ownership and zoned Environmental Protection (EP) offering continued undisturbed natural environment for birds and wildlife. Access to the Site 10.14 Two driveways are proposed, one along Nash Road and one along Richfield Square. Municipality of Clarington Report PSD-056-20 Page 17 10.15 From Public Works Staff perspective, the Nash Road access is undesirable give the site is along an arterial road. From the comments received at the Public Meeting and during review of the application, residents would prefer removal of the Richfield Square access, and townhouse residents should only have access via Nash Road. 10.16 Subsequent to the Public Meeting, staff have further reviewed the issues around access and have determined: • Staff do not support the removal of the Richfield Square access as Richfield Square is a local road and can accommodate the primary access to the site. This is supported by approved policy and technical guidelines on road classifications and access design. • Staff can accept the Nash Road access given the following: o Richfield Square access will remain and be the principle access; o There is an existing access from the property to Nash Road that can continue; o A second driveway is required to accommodate municipal waste pickup; and o Low traffic volumes generated by 17 units. 10.17 At the Site Plan Approval stage, Public Works staff will be exploring options with the developer to address potential conflicts along Nash Road, such as warning clauses and signage; special access design to limit turning movements and/or a controlled and gated access for use by municipal waste pickup vehicles only. Parking 10.18 The proposal provides 2 parking spaces per dwelling unit, one outdoor and one inside the garage, plus five visitor parking spaces which complies with the minimum required visitor parking spaces for linked townhouse dwellings in the Zoning By-law. 10.19 Staff have heard a number of concerns regarding parking in the area, especially during peak school pick up and drop off times. 10.20 Staff have consulted and identified that the west side of Richfield Square can accommodate on street parking in accordance with municipal parking by-law. Staff agreed that as the property redevelops, the east side of Richfield Square will be designated as a `no parking' zone. This would address existing conflicts on Nash Road, ensure the development does not exacerbate conditions and will allow for good visibility for new residents entering and leaving the townhouse block. Municipality of Clarington Report PSD-056-20 Page 18 10.21 Increasing no parking areas, improving signage, and removal of trees in the visibility triangle will address both vehicular and pedestrian safety concerns which were other key concerns raised by residents. 10.22 It is important to note the number of traffic and parking measures implemented along Nash Road to address concerns including designating a community safety zone with reduced speeds, traffic calming measures and layby parking areas. Traffic impacts in residential neighbourhoods are continuously monitored. Status and Timing of Traffic Impact Brief 10.23 The applicant submitted a Traffic Impact Brief with the application. The traffic counts were completed on Wednesday, December 4, 2019. 10.24 Members of the public were concerned about the timing of the traffic counts however upon review the counts were completed in December 2019 when school was in session and before the closure of schools due to COVID 19. There may have been some confusion between the subject study and the study of a nearby proposal. Staff have clarified this item and accepted the findings of the study. 10.25 Following the Public Meeting, the applicant's traffic consultant submitted a response letter to confirm the following points: • Traffic counts were done at an appropriate time of year; • Richfield Square would be the principle access to and from the development; • The letter also included other developments in the area i.e. the potential for units at the northwest corner of Nash and Trulls Road; • The development would not result in significant traffic impacts and the level of service would be good according to engineering standards; • The applicant is amenable to working with staff on the final design of the Nash Road entrance; and • The consultant agrees with restricting parking in targeted areas along Richfield Square. Other Public Comments Received at the Public Meeting 10.26 Parking, traffic and access were raised consistently by residents; however, a number of other issues were raised and are summarized as follows: • Negative impacts to quality of life and home value: There is no clear evidence to support any indication that this development will have a negative impact on quality of life and home values. In fact, the opposite may be true, however perceived negative impacts are often subjective claims and not supported by any land use planning policies. Municipality of Clarington Report PSD-056-20 Page 19 Tenure of units: Staff often hear that residents do not wish developments to be "rental" versus "ownership". While the applicant intends to proceed through a condominium approval, there is nothing preventing these units from being rented, just as is the case with existing homes on Richfield Square and surrounding neighbourhood. • Dust from grading of the site: A condition of development will require the submission and approval of Dust Management Plan. The requirement is outlined in Condition 5.7 found in Attachment 2. Grading and impacts to the water tablei The applicant submitted a Geotechnical & Hydrogeological Report which noted the water table is below the subject development. Staff and CLOCA have accepted the findings of this report and grading, servicing and stormwater management will continue to be reviewed during the Site Plan Approval stage. Intensification and planning for population growth during a pandemic: Much will be learned from the pandemic and planning for neighbourhoods. There is currently no evidence that would support denying a townhouse development on the basis that it would contribute to the spread of disease. Units will have individual, private accesses and separate heating and ventilation systems. Population and strain on services: The Courtice Urban Area is planned to accommodate population growth in the form of new subdivisions and through intensification such as this infill project. Commercial, retail and institutional uses will respond accordingly which is noted with the new commercial development at Trulls Road and Durham Highway 2 that will include a Shoppers Drug Mart, a grocery store and other retail commercial and service uses. Appropriateness of a Virtual Public Meeting: For the foreseeable future, Council meetings, Public Meetings and public open houses are the norm amidst the pandemic and physical distancing requirements. The Municipality has made the appropriate changes in accordance with changes to Provincial legislation and Public Health Guidelines and are available to provide residents assistance with navigating this new way of doing business. Staff have considered all public input whether via a virtual platform, telephone enquiries or email. Staff are satisfied that all legislative requirements for public input have been satisfied. Recommendation and Next Steps 10.27 Conditions of Draft Approval contain special provisions to address the implementation of all recommendations of the studies and reports submitted, including any future reports. Other standard conditions will address such items as dedication of road widenings and cash -in -lieu of parkland. Municipality of Clarington Page 20 Report PSD-056-20 10.28 The proposed Zoning By-law amendment would place lands in a site -specific residential zone permitting the link townhouse dwellings with standard regulations regarding setbacks, building height, landscaped areas, resident and visitor parking. 10.29 Upon approval of the Draft Plan of Subdivision and Zoning By-law Amendment the applicant will condition to work with staff on implementation details: Site plan Approval — Items such as architectural details, detailed engineering, entrance design landscaping and lighting will be reviewed; Condominium approval — will follow site plan approval and create a legal description for each unit and derive a set of condominium rules for the development, and; Approval of application for Exemption from Part Lot Control will follow site plan approval allowing for individual parcels -of -tied -land (POTLs) to be created. 11. Concurrence Not Applicable. 12. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application for a Draft Plan of Subdivision LCJ Thomas Estates Inc. c/o Sakmet Developments be supported subject to the conditions included as Attachment 2 and the Zoning Bylaw Amendment included as Attachment 3 be approved. Staff Contact: Anne Taylor Scott, Principal Planner, 905-623-3379 Ext 2414 ataylorscott@clarington.net. Attachments: Attachment 1 — Streetscape rendering options Attachment 2 — Conditions of Draft Approval & Draft Plan of Subdivision Attachment 3 — Proposed Zoning By-law Amendmen Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PSD-056-20 SAKMET DEVELOPMENT - 1668 Nash Road, Courtice OP -- Addition ----------- D TE PAD - row of shade trees along right-of-way TOE^----- - offset row of white spruce o _ -- dtA � N4L - MARSHY AR: A OF 0 CIA J IVV-' Option 1 (refer to elevation) — - remove ex hedge along Richfield Sq to north property line - ninnt lama rlarirli ini is CtrPPt trPPC (mania linrlanl I RENDERED LANDSCAPE PLAN - OPTION 1 N.T.S. Option 2 (refer to elevation) —,., l- ,... ,.-A— k-A-,. —1—hn 0- _w---- ,,. ,.1,�ng north property line 31) sight triangles (optional) RENDERED LANDSCAPE PLAN - OPTION 2 N.T.S. November 26, 2020 SAKMET DEVELOPMENT - 1668 Nash Road, Courtice QI 0 L BLOCK 2 RICHFIELD SQUARE STREETSCAPE - OPTION 1 RENDERED ELEVATION - N.T.S. i �I m 0 1 nrAerirvA nvietinn BLOCK 2 RICHFIELD SQUARE STREETSCAPE - OPTION 2 RENDERED ELEVATION - N.T.S. 4`1t, BLOCK 1 BLOCK 1 i road NASH lening ROAD �W a� I° Q I� O I I 3m road NASH widening ROAD A November 26, 2020 Clar• ngton Attachment 2 to Report PSD-056-20 CONDITIONS OF DRAFT APPROVAL File Number: S-C-2019-0004 Issued for Concurrence: November 17, 2020 Notice of Decision: Draft Approved: _ Faye Langmaid, RPP, FCSLA Acting Director of Planning and Development Services Municipality of Clarington Part 1 — Plan Identification The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2019-0004 prepared by identified as job number , dated October, 2019, as last revised and dated ],which illustrates one residential townhouse block containing 17 units, including a road widening and sight triangle. Revisions: 1. Draft Plan of Subdivision to include a title reflecting the author, with an updated last revision date, and a job number (if applicable). Part 2 — General 2.1 The Owner shall enter into a subdivision/site plan 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/site plan agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application- forms/subdivision-agreement.pdf 2.2 The owner shall not make an application for a building permit in respect of Block 1 until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. Page 11 2.3 The Owner shall name the private lane included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.4 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. 2.5 Requirements for Presales Architectural Control (1) No residential units shall be offered for sale to the public on the draft plan until such time as the exterior architectural design of each building has been approved by the Director of Planning and Development Services. (2) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning and Development Services. Marketing and Sales (3) 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 and Development Services. (4) 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 and Development Services. (5) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning and Development 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 Public Works regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 5.7. 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. Page 12 2.7 Authorization to commence works and/or Site Alteration permit shall not be granted until Engineering Drawings as part of Site Plan application for Block 1 are approved to the satisfaction of the Director of Public Works. Part 3 — Final Plan Requirements 3.1 The Final Subdivision Plan may be registered in advance of the approval of Drawings for the future Site Plan Application for Block 1, subject to obtaining the necessary clearances from external agencies identified in Part 8. 3.2 The Owner agrees to enter into a development agreement addressing items under both Section 51 and 41 of the Planning Act following approval of Site Plan drawings. 3.3 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings • A 3.0 metre road widening across the entire frontage of Nash Road shown as Block 2 on the draft plan. (b) Sight Triangles • A 5 metre x 15 metre sight triangle at the intersection and corner of Richfield Square and Nash Road as shown as Block 2 on the draft plan. (c) Reserves • A 0.3 metre reserve shall be provided along Nash Road and Richfield Square with the exception of the approved driveway locations. Part 4 —Plans and Reports Reauired Prior Final Plan Reaistration 4.1 Not Applicable Part 5 —Plans and Reports Reauired to be approved at the time of Site Plan Approval 5.1 Construction Phasing Plan The Owner acknowledges and agrees that the private lanes and services shall be constructed in a single phase to the satisfaction of the Director of Public Works and the Region of Durham. Prior to issuance of the first building permit, the Owner shall submit a detailed construction phasing plan for the townhouse blocks to the satisfaction of the Director of Public Works. The approval of the construction phasing plan shall be at the discretion of the Director of Public Works. The specific number of residential units available for building permits will be determined by the Municipality Clarington. Page 13 5.2 Noise Report The Owner shall submit to the Director of Public Works, the Director of Planning and Development Services and the Region of Durham, for review and approval, an updated noise report, based on the preliminary noise report entitled Environmental Noise Feasibility Study, prepared by GHD, last revised March 12, 2020, Reference No. 11204813. 5.3 Functional Servicing The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Public Works and Central Lake Ontario Conservation. 5.4 Tree Preservation Plan The Owner shall submit an updated Tree Preservation Plan to address tree removal within the development area. All tree removals must be approved by the Central Lake Ontario Conservation Authority, the Director of Public Works and the Director of Planning and Development Services. 5.5 Environmental Sustainability Plan The Owner shall prepare and submit an Environmental Sustainability Plan to the satisfaction of the Director of Planning and Development 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. 5.6 Soils Management Plan Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Public Works. 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. 5.7 Dust Management Plan Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Public Works. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; Page 14 (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on -site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Part 6 —Special Terms and Conditions to be Included in the Development Agreement 6.1 Tree Preservation Tree protection shall be provided in accordance with the preliminary Tree Preservation Plan prepared by Kuntz Forestry Consulting Inc. and last revised March 12, 2020, and any required addendum thereto. 6.2 Parkland The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes and shall be calculated and collected at the time of Site Plan in accordance with applicable legislation. 6.3 Noise Attenuation (1) The Owner agrees to construct and install all measures recommended in Environmental Noise Feasibility Study, prepared by GHD, last revised March 12, 2020, Reference No. 11204813, and any addenda thereto. The measures shall be included in the Municipality of Clarington's Subdivision and/or Site Plan Agreement and must also contain a full and complete reference to the revised noise report (i.e. author, title, date and revisions/addenda) and shall include any required warning clauses identified in the study. (2) The Owner shall not make an application for a building permit for any buildings on the Lands until an acoustic engineer has certified that the plans for the buildings are in accordance with the Noise Report. 6.4 Regional Waste Pickup The Owner agrees to comply with the requirements of the Region of Durham for Municipal Waste in accordance with the Region of Durham waste collection guidelines. 6.5 Geotechnical Investigation Report The Owner agrees to implement the recommendations of the Geotechnical Investigation Report prepared by GHD (undated) including any required addenda Page 15 thereto to the satisfaction of the Central Lake Ontario Conservation Authority and Director of Public Works. 6.6 Existing Structures 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. Part 7 — Agency Conditions 7.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (4) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 7.2 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. [The stormwater Page 16 management facilities must be designed and implemented in accordance with the recommendations of the Master Plan]; (b) The intended means of providing water quality treatment for the site to the satisfaction of CLOCA and in accordance with provincial guidelines. (c) The means whereby erosion and sedimentation and their effects will be minimized on the site and downstream of the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids and prevention of downstream erosion in any water body as a result of on -site, or 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 meeting water balance infiltration targets to the satisfaction of CLOCA. (2) That the Owner shall submit a report detailing the in situ soil testing completed once the locations of the LID features have been finalized. (3) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees owing as per the approved Authority Fee Schedule. (4) 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. 7.3 Ministry of Culture, Tourism and Sport (1) The Owner shall carry out an archaeological assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Tourism, Culture, and Sport. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry of Tourism, Culture and Sport. 7.4 Canada Post Corporation (1) The Owner covenants and agrees to provide the Municipality of Clarington with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Lockbox Page 17 Assemblies as required by Canada Post Corporation and as shown on the approved engineering design drawings/Draft Plan, at the time of sidewalk and/or curb installation. The Owner further covenants and agrees to provide notice to prospective purchasers of the locations of Lockbox Assemblies and that home/business mail delivery will be provided via Lockbox Assemblies or Mailroom. (2) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. (c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). Page 18 7.5 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 Public Works. (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 Public Works. (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 8 — Standard Notices and Warnings 8.1 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. 8.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision/site plan agreement in Agreements of Purchase and Sale for all Lots or Blocks. 8.3 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: 8.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for All Units- "Purchasers/tenants are advised that despite the inclusion of noise control features in the design of the subdivision and individual units, noise levels from road traffic may on occasion interfere with some activities of the dwelling occupants as the noise levels may exceed the noise criteria of the Ministry of the Environment, Conservation and Parks" (Warning Clause Type B) (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for All Units: "This dwelling unit was fitted with a forced air heating system and the ducting etc. sized 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 Page 19 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 the Environment, Conservation and Parks publication NPC-300." (Warning Clause Type C) (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for All Units: "Purchasers/tenants are advised that due to the proximity of adjacent commercial facilities, noise from those facilities may at times be audible." 8.5 Chain Link/Privacy Fencing The Owner shall include the following notice in the agreements of purchase and sale for All Lots: "Fencing — Chain link, decorative and/or privacy fencing will be required features of these units and installed where feasible as determined during site plan approval and taking into consideration the approved Tree Preservation Plan and approved grading. The installation of the fencing shall be the responsibility of the developer, while ongoing maintenance and replacement will be the responsible of future owners and/or the condominium corporation after the developer has been released from any further responsibility for the fence." 8.6 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 9 - Clearance 9.1 The Owner acknowledges that certain requirements under Parts 5, 6 and 7 of the conditions above may be required at the discretion of clearing agencies below should the Owner wish to register the plan prior to finalization of Site Plan matters and entering into a site plan agreement. 9.2 Prior to final approval of the plan for registration, the Municipality's Director of Planning and Development Services shall be advised in writing by, (a) the Region how Conditions 1, 2.3 5.1, 5.2, 6.3, 7.1 (1-4), and 7.3 have been satisfied; (b) the Central Lake Ontario Conservation Authority, how Condition 7.2 has been satisfied; Page 110 (c) Ministry of Culture, Tourism and Sport, how Condition 7.3 has been satisfied; and, (d) Canada Post, how Condition 7.4 has been satisfied. Part 10 — Notes to Draft Approval 10.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 10.2 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. 10.3 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 and Development Services for the Municipality of Clarington well in advance of the lapsing date. 10.4 Where an agency requirement is required to be included in the Municipal subdivision/site plan 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) Ministry of Tourism, Culture and Sport, Archaeology Programs Unit, Programs and Services Branch, Culture Division, 401 Bay Street, Suite 1700, Toronto ON, M7A OA7, (416) 212-8442 (d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 Page 111 RICHFIELD SQUARE Z a no � po cvr �v - )> m m N z Z n y m Q Q ti A =r z � T a � s C . I4 i se=yOy� ggg g ®� 3p fee 5� I FF 3 �j 9gP � F -0 y I:\^DepartmentW,pplication Files\SC-Subdivision\S-C-2019\S-C-2019-0004 1668 Nash Road Courtice\9. Conditions of Draft Approval\S-C-2019-0004 -Conditions of Draft Approval For Concurrence 17'Nov'2020.docx Page 112 Attachment 3 to Report PSD-056-20 Corporation of the Municipality of Clarington By-law Number 2020- 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 2019-0017; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is hereby amended by adding thereto, the following new Special Exception Zone 14.6.64 as follows: "14.6.64 Urban Residential Exception (R3-64) Zone Notwithstanding Sections 3.1 b. c., and g. iv), 14.1 a., 14.4 a. b., c., e., f. and g. those lands zoned R3-64 on the Schedules to this By-law shall only be used for Link Townhouse dwellings. For the purpose of establishing regulations for each Link Townhouse Dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a. Lot Area (minimum) b. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot C. Yard Requirements (minimum) i) Front Yard ii) Exterior Side Yard 110 square metres 4.4 metres 7.5 metres 3.5 metres to a dwelling 2 metres to an unenclosed porch 6 metres to a garage door 3.5 metres to a dwelling iii) Yard adjacent to sight triangle lot line: 2 metres to a dwelling 1.4 metres to an unenclosed porch iv) Interior Side Yard 1.5 metres, nil where building has a common wall with any adjacent building on an adjacent lot v) Rear Yard 6 metres d. Lot Coverage of all units in the R3-64 Zone (Maximum) i) Dwellings 40 percent ii) All buildings and structures 45 percent e. Landscaped Open Space of all units in the R3-64 Zone (Minimum) 30 percent f. Building Height (Maximum) 10.5 metres measured at the building fagade facing a public and/or private street g. Special Regulations i) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metres. ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres iii) Where a Link Townhouse Dwelling Lot is a through lot with frontage on both a Public Street and a Private Lane, the lot line along the Public Street shall be deemed to be the Front Lot Line. iv) v) vi) No parking space shall be located in any exterior side yard Private Street Width (minimum) metres Outdoor Amenity Space (minimum) metres per dwelling unit 6.5 4 square vii) Accessory Structures are prohibited with the exception of condominium utility buildings having a total cumulative area of 60 square metres. The following minimum yard setbacks shall apply: C:\Program Files\eSCRIBE\TEMP\10584363342\10584363342,,,Attachment 3 to Report PSD-056-20.doc,. i) From Public Street ii) From Private Street 12 metres 2 metres viii) Unenclosed porches, decks or balconies may project up to a maximum of 2 metres into the required rear yard provided it does not interfere with the required parking space. ix) The provisions of Section 3.1 g. (iv) continue to apply, except where they are in conflict with the requirements in this zone." 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. 3. Schedule `A' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R3-64) Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule `A' attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of , 2020 Adrian Foster, Mayor June Gallagher, Municipal Clerk C:\Program Files\eSCRIBE\TEMP\10584363342\10584363342,,,Attachment 3 to Report PSD-056-20.docx This is Schedule "A" to By-law 2020- , passed this day of 2020 A.D. U ¢O RICHFIELD E IY `U) J � w Q 0' F- 3 (j GATE n SQUARE D J uJ LL X m U Cn w z w F— D O LL NASH ROAD O U) J J H N - Zoning Change From 'R1' To '(H)R3-64' Adrian Foster, Mayor Courtice . ZBA 2019-0017 . Schedule 4 June Gallagher, Municipal Clerk C:\Program Files\eSCRIBE\TEMP\10584363342\10584363342,,,Attachment 3 to Report PSD-056-20.docx