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HomeMy WebLinkAboutPDS-004-22Clarftwn 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: January 17, 2022 Report Number: PDS-004-22 Submitted By: Reviewed By: File Number: Report Subject: Ryan Windle, Director of Planning and Development Services Andrew C. Allison, CAO S-C 2020-0001, ZBA 2020-0006 By-law Number: 2022-006 Resolution#: PD-006-22 A Draft Approved Plan of Subdivision and Rezoning, west of Green Road north of Durham Highway 2, in Bowmanville Recommendations: 1. That Report PDS-004-22 be received; 2. That the application by DG Group for a Draft Plan of Subdivision and Rezoning, on the west side of Green Road, north of Durham Highway 2, Bowmanville be supported subject to conditions as generally contained in Attachment 1 to Report PDS-004-22; 3. That the Zoning By-law Amendment application submitted by DG Group be approved as contained in Attachment 3 to Report PDS-004-22; 4. That once all conditions contained in the Official Plan and the Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 5. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-004-22 and Council's decision; and 6. That all interested parties listed in Report PDS-004-22 and any delegations be advised of Council's decision. Municipality of Clarington Page 2 Report PDS-004-22 Report Overview This is a recommendation report relating to the application for a Draft Plan of Subdivision and a Zoning By-law Amendment by DG Group to permit 50 single detached dwellings and 43 street -related townhouse units. The Plan also contains two future development blocks which are proposed to be used for Single detached dwellings, low rise apartments and condominium townhouses. There are also Environmentally Protected lands (0.442 ha) on the west side of the Plan to be dedicated to the Municipality. 1. Application Details 1.1 Owner: 1.2 Applicant: 1.3 Agent: 1.4 Proposal: Players Business Park Ltd. West Diamond Properties Inc. DG Group Bousfields Inc. Draft Plan of Subdivision for approximately 200 residential units consisting of; • 50 Single detached units • 43 street townhouses • Two future development blocks to accommodate: o 3 single detached dwellings o 10 street townhouses o 8 condominium townhouses; and o 86 low-rise apartments Zoning By-law Amendment • To rezone the lands from Agricultural (A) to permit the proposed Draft Plan of Subdivision 1.5 Area: 6.2 hectares Municipality of Clarington Report PDS-004-22 Page 3 1.6 Location: 2400 Green Road, west side of Green Road,1 kilometre north of Durham Highway 2, Bowmanville (see Figure 1) 1.7 Roll Number: 18-17-010-020-18435 1.8 Within Built Boundary: No Figure 1 — Area subject to applications 2. Background 2.1 DG Group (formerly Metrus) submitted applications for a Draft Plan of Subdivision and Rezoning in March 2020. Planning staff provided a status letter July 30, 2020 outlining comments received from various agencies and departments, including Planning staff review of the proposal. Through discussions with staff and the conservation authority, Municipality of Clarington Report PDS-004-22 Page 4 the environmentally protected lands and buffer, as shown in green on Figure 1, were added to the proposed plan. 2.2 DG Group developed the lands to the south of the subject lands, as well as the lands to the east of Green Road. The street pattern in the proposed draft plan has been set as they are an extension of earlier phases south of Ross Wright Avenue. 2.3 The following reports were submitted in support of the applications: • Environmental Impact Study • Traffic Brief • Servicing Plan • Parking Plan • Noise Assessment • Functional Servicing Report • Archaeological Report 2.4 A Statutory Public Meeting was held on October 5, 2020, to provide background information regarding the application and to obtain public comments. The proposal was for 194 units consisting of 53 single detached lots, 36 townhouse lots, and two condominium blocks of 105 units. Several residents had concerns regarding the proposal. In consideration of the comments from residents, Committee passed a resolution requiring the owner/applicant to hold a public open house prior to a subsequent report on these applications coming back to Committee. 2.5 Following the Public Meeting, the applicant made changes to the plans for the site based on feedback that was heard during the meeting. On February 10, 2021, the applicant/owner and their consultant team hosted a virtual open house to obtain comments from the public on the revised plan and to answer questions. The revised plan proposed a total of 211 units, consisting of 47 single detached dwellings, 83 townhouse units and a block for an 81 unit apartment building. 2.6 A summary of submissions, from both the Statutory Public Meeting and the Public Information Meeting, are provided in Section 8 of this report. 2.7 Since then, modifications were made to the plan to further address comments and alleviate some concerns with the development. The proposed unit mix is now 50 single detached dwellings and 43 street townhouses (frontage on a public road) with two future development blocks along Green Road. The two future development blocks are planned to be used for 3 single detached dwellings, 18 townhouses, and an apartment building containing 86 units. The single detached dwellings and the street townhouse blocks Municipality of Clarington Report PDS-004-22 Page 5 fronting onto Marsden Way would ultimately be created through the exemption from Part Lot Control permitted in the Planning Act. Details of the townhouses that face the internal laneway and the apartment block would be further refined through the required Site Plan process. 2.8 Since the Public Meeting Report, the applicant has worked towards resolving staff, agency, and public comments. The latest Draft Plan of Subdivision has been revised as follows: • Murray Tabb Street extends north and then runs parallel to Longworth Ave. connecting into Marsden Way; • The condominium townhouse block has been relocated along Green Road, adjacent to the apartment block; As a result of the reconfiguration, the number of street townhouse dwellings has been slightly revised from 36 street townhouse dwellings to 64 (including the units on the future development blocks). 2.9 The two future development blocks would have a Hold provision on the lands until details of the development have been further established and agreed upon. Prior to removing the Hold, the applicant must demonstrate that the number of units and density can be accommodated on -site in accordance with the Official Plan and Brookhill Secondary Plan policies, including the urban design policies. If it has been demonstrated that the site can accommodate the density, and the appropriate development agreements are in place, a by-law would be forwarded to Council to remove the Hold. 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are currently vacant. A portion is being cultivated and another portion is used to stockpile topsoil from previous phases. 3.2 The surrounding uses are as follows: North - Lands for the future extension of Longworth Avenue and beyond woodlands and wetlands South - existing residential development East - existing residential development West - woodlands and wetlands Municipality of Clarington Report PDS-004-22 4. Provincial Policy Provincial Policy Statement Page 6 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. New development shall occur adjacent to built-up areas, shall have compact form and a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. 4.2 Natural features shall be protected for the long term. Development shall not be permitted in, or adjacent to, significant woodlands unless it has been demonstrated that there will be no negative impacts. 4.3 The applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.4 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Bowmanville. 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. 4.5 The development allows for the efficient use of land, infrastructure and public services and forms part of a neighbourhood where various housing types would be accommodated as development proceeds. Municipal water and sanitary sewer are available to the site. Transit will be made available to the site in the future. 4.6 The applications conform to satisfy the policies and objectives of the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the lands as Living Areas. Lands designated as Living Area permit the development of communities incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. 5.2 The site is adjacent to Green Road and the future extension of Longworth Avenue, designated as a Type B and Type C arterial roads in the Region Official Plan. 5.3 The proposed development conforms with the Living Area designation. Municipality of Clarington Report PDS-004-22 Clarington Official Plan Page 7 5.4 The lands are designated Urban Residential. The Urban Residential designation is predominately intended for housing purposes. Other uses may be permitted which by the nature of their activity, scale, design and location are supportive of and compatible with residential uses. 5.5 The policies require new residential development and emerging neighbourhoods to be designed to provide for a variety of housing types and supportive land uses, including commercial and community facilities and encourage accessible, walkable neighbourhoods that prioritize pedestrians over cars and provide for a variety of uses. 5.6 Green Road is designated as a Type "B" arterial Road and the future extension of Longworth Avenue to the west of Green Road is designated as a Type "B" arterial road but has been deferred by the Region of Durham, which designates it as a Type "C" arterial road. Longworth is a Type "C" arterial road, east of Green Road in both Official Plans. 5.7 The areas of the subject lands that are adjacent to the arterial roads are to have slightly higher densities than the areas that are internal to the neighbourhood in order to create more vibrant streetscapes along the arterial roads and to utilize infrastructure, such as public transit routes and cycling networks. Internal to the neighbourhood, the minimum net density is 13 units per net hectare. For areas at the edge of the neighbourhood, the minimum density is 19 units per net hectare. Buildings are to be between 1-3 storeys and limited apartments (along arterial roads), as well as townhouses and single detached dwellings are permitted. 5.8 The draft plan shows townhouses along Longworth Avenue that would front onto Longworth Avenue, with two future development blocks along Green Road to accommodate a mix of detached dwellings, townhouses and a low-rise apartment. The net density for the single detached and street townhouse areas is approximately 22 units per net hectare. The density for the future development blocks is proposed to be 70 units per net hectare, however further refinements would be determined through further details of the Site Plan. 5.9 The proposal conforms to the Clarington Official Plan. Current (In Effect) Brookhill Secondary Plan 5.10 The lands are designated Low Density Residential and Medium Density Residential in the Brookhill Secondary Plan. The permitted uses, densities, and built forms in these designations rely on the Clarington Official Plan policies 5.11 The draft plan is consistent with the policies of the Secondary Plan. Municipality of Clarington Report PDS-004-22 Recently Adopted Brookhill Secondary Plan Update Page 8 5.12 The updated Brookhill Secondary Plan has recently been adopted by Clarington and is with the Region of Durham for approval. The subject lands are designated Low Density Residential and Medium Density Residential. The Medium Density designation is identified in the south west of the future extension of Longworth Avenue and Green Road. 5.13 The predominant use of lands within the Low Density Residential designation shall be a mix of housing types and tenures in low-rise building forms. Other uses, including small scale service and neighbourhood retail commercial uses, which are supportive of and compatible with residential uses, are also permitted in accordance with the Official Plan. 5.14 The following building types are permitted: a) Detached dwellings; b) Semi-detached dwellings; c) Street townhouses; and d) Accessory apartments, as per Policies 7.2.21 and 7.2.22 of this Plan. 5.15 Buildings within the Low Density Residential designation shall not exceed 3 storeys in height and the minimum net density is 13 units per net hectare. 5.16 Detached and semi-detached dwelling units shall account for a minimum 80 percent of the total number of units in the Low Density Residential designation, with units in other building types accounting for the remaining 20 percent. Generally, this ratio should be applied for each plan of subdivision to encourage an even distribution of townhouse units. Private streets and private lanes are not permitted within the Low Density Residential Designation. 5.17 The predominant use of lands within the Medium Density Residential designation are a mix of housing types and tenures in mid and low-rise building forms. Other uses, including small scale service and neighbourhood retail commercial uses, which are supportive of and compatible with residential uses, are also permitted in accordance with the Official Plan. 5.18 The following building types are permitted: a) Street townhouses; b) Block townhouses; c) Stacked townhouses; Municipality of Clarington Page 9 Report PDS-004-22 d) Back-to-back townhouses; e) Apartment buildings; and f) Accessory apartments, as per Policies 7.2.21 and 7.2.22 of this Plan. 5.19 Building heights shall be a minimum of 2 storeys and a maximum of 4 storeys. Development on lands designated Medium Density Residential shall have a minimum net density of 40 units per net hectare. This is slightly denser than what the Clarington Official Plan typically permits for areas at the edge of neighbourhoods and adjacent to arterial roads. 5.20 Residential development shall contribute to the overall appearance of the streetscape. Garage doors shall not dominate the view of the streetscape. Front and exterior side yard porches shall be encouraged. 5.21 The applications conform to the updated adopted Brookhill secondary Plan policies. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. 6.2 A Zoning By-law Amendment is required to place lands in appropriate residential zones to implement the Draft Plan of Subdivision. Open space lands and their buffers would be placed in the Environmental Protection (EP) Zone. A draft Zoning By-law Amendment for the subject lands is provided in an attachment to this report. 6.3 The proposed Zoning By-law amendment would also place the two future development blocks in a Holding Zone. Development on these two blocks would not be permitted to proceed until the following has been completed: a) A detailed site plan is submitted and approved for the density blocks in accordance with the Official Plan policies and underlying zone category and to the satisfaction of the Director of planning; b) Execution of a Development Agreement (Site Plan); and c) Final approval and clearing of subdivision conditions. 7. Summary of Background Studies Planning Brief, Bousfields Inc., March 2020 7.1 The report provides a brief analysis and planning justification for the proposal. In summary, the development is the fifth phase in the Brookhill neighbourhood. It continues the development patterns from the south, including the grid like street pattern Municipality of Clarington Report PDS-004-22 Page 10 and provides a greater range of housing options for the neighbourhood in a form that is compatible with the existing and planned uses in the neighbourhood. The proposed subdivision also includes important infrastructure components, such as the westerly extension of Longworth Avenue. 7.2 The surrounding context is predominantly low rise residential with nearby commercial uses. The proposed built form is suggested to be generally consistent with the neighbourhood. The proposed townhouses along Longworth Avenue would frame the street and vehicle access would be from the rear, along Murray Tabb Street and Marsden Way. The intent of the two future development blocks is to rezone it to accommodate higher density built forms along the arterial roads, consistent with the Official Plan policies. Scoped Environmental Impact Study, Niblett Environmental Associates Inc., Feb. 2020 7.3 A scoped Environmental Impact Study (EIS) was completed to update an existing EIS that was completed in 2017. The study area is immediately adjacent to the Maple Grove Wetland Complex, which is a provincially significant wetland. Traffic Impact Brief, GHD, Feb. 2020 7.4 A Traffic Brief was prepared to address the proposed changes to the layout of the streets. There was an initial Traffic Impact Study completed in 2010 for the entire Brookhill Neighbourhood. There were no major traffic issues raised as a result of the proposed subdivision design and street layout. The site design and street layout slightly changed in February 2021, from the original application that was submitted in March 2020. No major concerns were raised with the revisions to the Draft Plan. 7.5 Environmental Noise Assessment, YCA Engineering Ltd., January 2020 7.6 A Noise Assessment was completed for the subject lands. Based on the analysis, there are no residential dwelling units that will require air conditioners. There are some lots and blocks along the future extension of Longworth Avenue that will require forced air heating system with ducting sized to accommodate a central air conditioner unit, in order to allow the homeowner the option of installing central air conditioning in the future. Appropriate warning clauses are also to be included in the purchase and sale agreement. 7.7 The noise assessment will need to be reviewed for the two condominium blocks along Green Road once details are available. This would be addressed as necessary through the Subdivision agreement and Site Plan process. Municipality of Clarington Report PDS-004-22 Page 11 7.8 An updated Noise Study, based on the final grading and site design, will be required as a condition of final subdivision approval to ensure the development agreements include appropriate conditions to mitigate noise and warning clauses. Functional Servicing & Stormwater Management report, GHD, February 2020 7.9 The Functional Servicing and Stormwater Management Report finds that water and sanitary services are available to service the proposed development. The existing stormwater facility was previously sized to account for this development. Impervious surface ratio has been increased to include the condominium blocks and found that there is surplus capacity to provide required controls and treatment for the development. An updated report to reflect the final design of the subdivision will be required as a condition of final approval. The two condominium blocks may need to be reassessed once further details have been provided. This can be done through the Site Plan application stage of the development. Stage 1 and 2 Archaeological Assessment, This Land Archaeology Inc., May 31, 2007 and revised September 15, 2008 7.10 A Stage 1 and 2 Archaeological Assessment was completed for the subject lands. The assessment was carried out in 2006 and 2007. Only seven pieces of chert representing the past occupation of the land by Native Peoples were found scattered across the field. None of these constituted a significant archaeological site and no further assessment is warranted. Should any archaeological or human remains be found on the property during construction, the Ministry of Tourism, Culture and Sport shall be notified immediately. Phase One Environmental Site Assessment, EXP Services Inc., January 17, 2019 7.11 The majority of the property was under agricultural use, consisting of vacant land with a forested area. No permanent structures were developed on site and the stockpile of topsoil was generated from preliminary on -site grading activities. No imported fill materials of unknown quality were brought to the subject lands. Based on the findings of the assessment, no areas of potential environmental concern were identified. Based on the conclusions of the report, a phase two assessment is not required. The proponent will have to satisfy the Region's Site Contamination Protocol to address site contamination matters as a condition of final approval. 8. Public Submissions 8.1 A Statutory Public Meeting was held on October 5, 2020, followed by a Public Information Centre on February 10, 2021. Notification was provided to all property owners within 120 metres of the site. Signage was posted on the property and notification was also posted to the Municipality's website. Municipality of Clarington Report PDS-004-22 Page 12 8.2 Public Meeting notice was mailed to area residents, five Public Notice signs were displayed on the subject property at each frontage. The application and supporting documents were posted on the municipality's website. The details of the application were included in the Planning and Development Services E-update. 8.3 Staff have received over 40 inquiries regarding the application. Below is a summary of comments that have been received: • One individual inquired about the timing of construction of Longworth Avenue. • One individual supports the application. • One individual, who resides on Ross Wright Avenue inquired about the height of the units in the condominium blocks, who the builder is, the timing for the extension of Longworth Avenue and how will construction vehicles and dust be managed. • Another resident, residing on Murray Tabb is concerned about water diversion into his back yard, the extension of Murray Tabb Street, traffic impacts and construction traffic. • Lack of green space or recreational space in the neighbourhood to support the number of new residents. • Increase in traffic throughout the neighbourhood. • Ross Wright Avenue will be the main source of traffic to the neighbourhood until Longworth is built. There is no proposed connection to Green Road other than Ross Wright Avenue. • Most traffic will travel south through the subdivision to get to the commercial areas. • Enjoys the small neighbourhood character. Does not support townhouses or apartments in this neighbourhood. • Increased impacts to on -street parking. • Higher density housing will affect the existing community demographics. • Concerned about the safety of children with the increased traffic. There are a number of children that board buses in this area. 8.4 A petition was received on September 2020 with approximately 200 names from individuals residing in previous phases of Brookhill. They are opposed to stacked townhouses and mid -rise apartments that will cause traffic, impact schools, destroy local wildlife, over crowd the park and potentially lower property values. The residents only want single detached dwellings. After this petition was received, a Public Information Centre was held virtually to present modifications to the proposed plan and address the resident's concerns. Municipality of Clarington Report PDS-004-22 9. Agency Comments Region of Durham Page 13 9.1 Region of Durham Planning and Economic Development Department advises that the draft plan has been reviewed and provided comments regarding Provincial Plan Polices, Regional Plan Policies, municipal services and transportation. 9.2 The Region states that the lands are designated as Living Area and shall be used predominantly for housing purposes with the widest variety of housing types, sizes and tenure. 9.3 Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads, and shall be developed with consideration for supporting and providing access to public transit. 9.4 The majority of the draft plan is designated Low Density Residential with two future development blocks for townhouses and apartments along Green Road. The proposed development would add a mix of housing types and contributed to the Municipality's intensification targets as outlined in the Durham Regional Official Plan. 9.5 A scoped Environmental Impact Study concluded that the proposed development would not have a negative impact on the natural heritage features with the buffers proposed and if all the mitigation measure and recommendation made by the EIS are implemented. 9.6 The Phase One Environmental Site Assessment (ESA), prepared by EXP. Services Inc. reported that no further site investigation is required. The proponent will be required to provide a regional Reliance Letter and Certificate of Insurance to the Region as a requirement of final approval. 9.7 Archeological Site Assessment was prepared in in 2008 for lands west and east of Green Road. The Ministry of Tourism, Culture and Sport has issued a clearance letter for the development. 9.8 Municipal water supply and sanitary sewers is available to service the proposed development from Murray Tabb Street, Procknow Street, Carl Raby Street and Marsden Way. Watermain shall also be extended to the north property limit on Green Road and proposed Longworth Avenue west of Green Road. 9.9 The Region has no objection to the approval of the proposed Draft Plan of Subdivision and provided conditions to be fulfilled prior to clearance by the Region for the registration of the plan. Municipality of Clarington Report PDS-004-22 Central Lake Ontario Conservation Authority Page 14 9.10 The Central Lake Ontario Conservation Authority (CLOCA) does not have any objection to the approval of the Draft Plan of Subdivision. CLOCA approved the recommendations of the EIS and is satisfied with the Functional Servicing Report. As conditions of Draft Plan approval, the authority recommends the Environmentally Protected lands and the buffer be dedicated to the Municipality. Conditions, such as, restoration planting in the vegetation buffer, amphibian habitat mitigation measures, an update to the Environmental Impact Report, have all been added to the conditions of Draft approval and will need to be addressed prior to any on -site grading or final registration of the Plan. Kawartha Pine Ridge District School Board 9.11 The Public School Board offered no objection to the Draft Plan approval subject to the inclusion of warning clauses in Agreements of Purchase and Sale for homeowners regarding school bus pick-up points. A school site is reserved in the Phase 4 Draft Approved Plan of the Brookhill Neighbourhood. This school may not be built for some time, if at all, in which case students from this area may have to attend existing schools. 10. Departmental Comments Public Works 10.1 The Public Works Department has reviewed the revised concept and is generally satisfied with the proposed concept. The standard comments are applicable with respect to temporary turning circles, general requirements, and the Development Agreement. Temporary Turning Circles 10.1.1. The applicant will be responsible for removing the temporary turning circle on Marsden Way and Murray Tabb Street, and reconstructing the roadways to a full urban standard as required. Emergency and Fire Services 10.2 The Emergency and Fire Services Department offer no objections. 11. Discussion 11.1 The lands are situated in the Brookhill Neighbourhood of Bowmanville. The existing development south of the subject lands are only the first two phases. The other two phases, 3 and 4, are on the east side of Green Road. It includes open space lands for Municipality of Clarington Report PDS-004-22 Page 15 trails, a park and a site for a future elementary school (to the east of the creek), should either school board wish to purchase the site. 11.2 The subject lands are designated for low and medium residential development in the Brookhill Secondary Plan and is approximately a 15-minute walk to the commercial centre. The Draft Plan is an extension of the existing residential development to the south. The proposed grid like street pattern maximizes walkability and would extend the existing street network, including Carl Raby Street which would extend north and connect to the future Longworth Avenue. 11.3 The lands at the very west of the site provide a buffer to the environmentally sensitive lands to the west. This means that the existing lotting pattern on the west side of Murray Tabb, would not continue north. Murray Tabb does not connect to the future Longworth Avenue. It turns east and provides for dual frontage townhomes along Longworth Avenue. 11.4 The proposed plan includes important infrastructure components, such as the extension of Longworth Ave, which will also be extended further east, 85 metres past Green Road. The owner will be responsible for the cost and construction of Longworth Ave., including any services or utilities required to those limits. The Municipality will be responsible for the cost of the design and construction of any oversizing of Longworth Avenue and the roundabout proposed at the intersection of Longworth Avenue and Green Road. The actual construction of Longworth will coincide with the construction of the Draft Plan. The Owner would also be responsible for the urbanization of Green Road. 11.5 The existing stormwater management pond situated at Green Road and Brookhill Boulevard is sized to accommodate the proposed development. Municipality of Clarington Report PDS-004-22 'L N Longworth Ave 85m Extension s Extension Roundabout Phase 5 Y�� Trail , J P i 4 Future Park Future School SUMERSFORD DRIVE - ROSS WRIGHT AVENUE Phase 4 X BROOKH B f OU; Vq Rp M'Z e _1 Future Trail'` >. SWM s � ` D Figure 2 - Brookhill Phasing Plan and General Context Page 16 Municipality of Clarington Report PDS-004-22 Brookhill Secondary Plan (Adopted) Page 17 11.6 The existing Brookhill Secondary Plan has recently been reviewed and updated. Council adopted an amendment to the Plan on May 25, 2021. The updated Secondary Plan requires approval from the Region of Durham, which may result in modifications to the Secondary Plan. 11.7 The adopted Plan designates the majority of the subject lands as Low Density Residential. The Medium Density designation runs along the future extension of Longworth Avenue and along Green Road. 1 1 i 1 1 1 Figure 3- Adopted Land Use Plan for the Brookhill Secondary Plan (subject area outlined in blue) 11.8 The predominant use of lands within the Low -Density Residential designation shall be a mix of housing types and tenures in low-rise building forms. Detached dwellings and street townhouses are permitted. Detached and semi-detached dwelling units shall account for a minimum of 80 percent of the total number of units in the Low -Density Residential designation, with units in other building types accounting for the remaining Municipality of Clarington Report PDS-004-22 Page 18 20 percent. Generally, this ratio should be applied for each plan of subdivision to encourage an even distribution of townhouse units. Private streets and private lanes are not permitted within the Low -Density Residential Designation. 11.9 The proposal has 50 single detached dwellings and 43 street townhouse units, as well as two future development blocks. The portion of single detached dwellings within the Low -Density Residential designation is approximately 71 %. There are about 20 townhouse units proposed in the Low -Density Designation and they are all fronting a public street. 11.10 The revision presented at the Open House eliminated the previously proposed Block 61, a 34-unit medium density townhouse block, which extended approximately half the width of the property, from the north limits of the property, future Longworth Avenue, southerly into the subject lands. The elimination of the medium density block is more consistent with the Secondary Plan. 11.11 The predominant use of lands within the Medium Density Residential designation are a mix of housing types and tenures in mid and low-rise building forms. Other uses, including small scale service and neighbourhood retail commercial uses, which are supportive of and compatible with residential uses, are also permitted in accordance with the Official Plan. 11.12 The following residential building types are permitted: • Street townhouses; • Block townhouses; • Stacked townhouses; • Back-to-back townhouses; • Apartment buildings; 11.13 Building heights shall be a minimum of 2 storeys and a maximum of 4 storeys. Development on lands designated Medium Density Residential shall have a minimum net density of 40 units per net hectare. This is slightly denser than what the Clarington Official Plan typically permits for the edge of neighbourhoods, which is 1-3 storeys and a minimum net density of 19 units per net hectare. 11.14 The area along Longworth Avenue is planned to have dual frontage townhouse units with a frontage of 6.1 metres. The units would have the front door facing Longworth Avenue and vehicle access would be at the rear on Murray Tabb Street and Marsden Way. The Municipality typically requires on -street townhouses to have a minimum frontage of 7.0 metres. The exception to this is for on -street townhouse lots that have a dual frontage. Therefore, the townhouse blocks conform to the policies of the Plan. Municipality of Clarington Page 19 Report PDS-004-22 -� LONGWORTH AVENUE m w BLOCK 51 iAODd-q iBI�iQLN 5] BLOCK Sd ,. BLOCK 35 BLOCK 58 „ g E.1m DBTH 61m p8119 g ielm aBTH /.lm osrn -� - s.lmasm a B9m osim Y G.174 M1a 6u 9.�14Aai4Fi �0.{79.ha Bu 9.142 F@,/u ]pu 0.131 ha 5. /.S19 ha fiu'i U _ M`IRFtAY TAB6 STREET '� J \.(ST. D) � � __ lu- vA � ¢io m —K. -BLOCK 58 F TAm09TH_i5A9/4u 0.098 M1u 4u % MFF FF 16 — 35 19F315 F —_ 4 F 31 20 F — 5 F F� 14 --� ` OZ K = 37 F 9 _ 2� 21 F F 3D — — F n F 46 7 O O 12 d 3/ V O m y3 C m rsl F 26 O 4" C Q 0 11 C C — C 40 p 43 vBo F - 33 F_ 0 F 2B — — C 41 an J ry.u, L D C Ise N . .N._ . 9 t o —4U.ja'w —i ROSS WRI VE E . � �-- 41 �- RESIOENTULSINGLE DETACHED AND TMNHOOSE BLOCK 9.19/ ha 9i.1 i��-+•IwiA1A• Figure 4 — Proposed Draft Plan of Subdivision Future Development Blocks Z LLI ------ Q ---' of C - 11.15 There are two future development blocks (Blocks 59 and 60). Block 59 is to be used for low rise apartments and townhouses. Block 60, on the south side, is to be used for condominium townhouse units (that would be developed in conjunction with the apartment block) and single detached dwellings. Both blocks are within the Medium Density designation of the adopted Brookhill Secondary Plan. The proposed uses are permitted. 11.16 Site plan approval is required for the two condominium blocks. The applicant has demonstrated that the two future development blocks would be able to generally accommodate the proposed land uses. Private outdoor amenity spaces are shown, as well as parking. Further design details for the site would be addressed through the Site Plan approval process such as vehicle access points, loading spaces, landscaping, etc. 11.17 There is a service connection from Marsden Way to the condominium block on the north part of block 60. This area has the potential to be used as a pedestrian access to the condominium block. It also separates the different typologies of the townhouses and single detached dwellings. Municipality of Clarington Page 20 Report PDS-004-22 11.18 There are two vehicle access points proposed to the condominium block, one connecting to Longworth Avenue and one connecting to Green Road which would reduce vehicle traffic from filtering into the neighbourhood. Further discussions with the Clarington Public Works Department and an update to the Traffic Impact Brief would be required to ensure this is feasible without interfering with the proposed roundabout at the intersection of Green Road and Longworth Ave. There is a possibility that the access off Longworth Avenue could be a right-in/right-out only access. These technical details would be able to be addressed through the Site Plan process and should not have an overall impact on the Draft Plan. Addressing Comments and Concerns from Residents 11.19 There are three main concerns regarding the proposal. The type of built form (townhouse and apartment) not related to the existing character of the neighbourhood; Overall increase of traffic within the neighbourhood; and Not enough park space and school capacity for the increase in density. 11.20 The first concern is related to the built form proposed. Areas that are along main road networks are intended to have greater densities than the areas internal to the neighbourhood in order to take advantage of the capacity of higher order roadways and make efficient use of public transit options. It is also necessary to provide a variety of housing options to meet the needs of different demographics. The proposal conforms to the medium density residential designation in the adopted Secondary Plan. 11.21 Staff are working with the applicant to try to direct vehicle traffic to the main arterial roads from the condominium block to see if it is feasible given the close proximity to the intersection. There were no major traffic issues raised as a result of the proposed subdivision design and street layout. The site design and street layout slightly changed in February 2021, from the original application that was submitted in March 2020. No major concerns were raised with the revisions to the Draft Plan. The traffic analysis can be updated to compare the additional traffic generated between the two different proposals (access off Marsden Way or access off Longworth Ave.). As mentioned, the technical details for the most ideal access point, from a safety perspective, would be addressed through the Site Plan process. 11.22 There is an existing park located in the neighbourhood to the south of the subject lands. There is also a planned park on the east side of Green Road with trail connections. Refer to Figure 2. The amount of parkland in the area satisfies the Secondary Plan targets. The future development block for the condominium townhouses and the apartment would also be required to provide private outdoor amenity space according to the Municipality's Amenity Guidelines for Medium and High Density Residences. Municipality of Clarington Report PDS-004-22 12. Conclusion Page 21 12.1 In consideration of all agency, staff and public comments, it is respectfully recommended that the application for Draft Plan of Subdivision and the Zoning By-law Amendment, as submitted by DG Group, be supported and approved respectfully, subject to the Draft Plan conditions included in Attachment 1. Staff Contact: Nicole Zambri, 905-623-3379 extension 2422 or nzambri clarington.net. Attachment 1: Proposed Conditions of Draft Approval Attachment 2: Draft Plan of Subdivision Attachment 3: Draft Zoning By-law Amendment Interested Parties: List of Interested Parties available from Planning and Development Services Department. Clarbgtoa Conditions of Draft Approval File Number: S-C-2020-0001 Issued for Concurrence: Notice of Decision: _ Draft Approved: October 28, 2021 Attachment 1 to Report PDS-004-22 Ryan Windle, RPP, MCIP, AICP Director of Planning and Development Services Municipality of Clarington Part 1 — Plan Identification 1.1 The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2020-0001 prepared by Bousfields Inc. identified as job number 0147-1 a-97dp, dated October 13, 2021, as redlined, which illustrates 50 single detached units, 43 street townhouse units, block for a low rise apartment, a block for townhouses in a condominium tenure, environmentally protected lands and associated buffer, and roads. 1.2 Redline Revisions (a) Add blocks for 0.3 metre reserves along Longworth Avenue and Green Road, save and except an access point on Green Road and Carl Raby Street. (b) The density (UPH) reference be deleted from the Block descriptions on the Draft Plan for Blocks 59 and 60. Part 2 — General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application-forms/subdivision- agreement.pdf 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.4 (1) The Owner shall pay 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits consistent with the approved architectural design guidelines for the Brookhill Neighbourhood prepared by Watchorn Architects, to the satisfaction of the Director of Planning and Development Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time the exterior architectural design of each building has been approved by the Director of Planning and Development 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 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. (4) In keeping with the Urban Design Principles in the Brookhill Secondary Plan, the Owner acknowledges and agrees that for Blocks 51-54, 57 and 58, the front fagade of the houses will face Longworth Avenue, while the driveways and garages will be accessed from Murray Tabb Street. 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 and Development 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 and Development Services. (3) 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. Page 12 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 4.7. 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. 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) Murray Tabb Street (b) Procknow Street (c) Carl Raby Street (d) Marsden Way 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 • 0.3 metre reserves along Longworth Avenue and Green Road (b) Sight Triangles • A 15 metre X 15 metre site triangle at the corner of Green Road and Longworth Avenue (c) Environmental Protection Lands • Block 61 on the draft plan • Block 62 on the draft plan. Page 13 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 (1) This draft plan shall be developed in one registration only. Noise Report (2) The Owner shall submit to the Director of Public Works, the Director of Planning and Development Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled Environmental Noise Report, prepared by YCA Engineering Limited, dated January 2020, prepared for West Diamond Properties Inc. Functional Servicing (3) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Public Works and Central Lake Ontario Conservation Authority. Community Theme Plan (4) The Owner shall submit a "Community Theme Plan" to the Director of Planning and Development Services and Director of Public Works consistent with the approved plan for previous phases, for approval. Such 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 (5) The Owner shall submit 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. Soils Management Plan (6) 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 Page 14 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. Dust Management Plan (7) 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; (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 5 —Special Terms and Conditions to be Included in the Subdivision Agreement 5.1 Lands Requiring Site Plan (a) The Owner will be required to make a site plan application for Blocks 59 and 60 to address vehicle access points to the sites, private amenity space, landscaping, etc. (b) The Owner shall not make an application for a building permit in respect of Blocks 59 and 60 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. 5.2 Longworth Avenue The Owner shall be responsible for construction of Longworth Avenue from approximately 85 metres east of Green Road westerly to the Urban Area Boundary including the roundabout at Green Road and Longworth Avenue. The Owner is 100% responsible for the cost and construction of Longworth Avenue including any services and/or utilities required to the limits described. The Municipality will be responsible for the cost of the design and construction of any oversizing of Longworth Avenue and the intersection improvements for Longworth Avenue and Green Road. Page 15 5.3 Green Road The Owner shall be responsible for the urbanization of Green Road from approximately 15 metres north of the Ross Wright Avenue to approximately 90 metres north of the intersection of Green Road and Longworth Avenue including the construction of the roundabout. The Municipality will be responsible for the cost of the design and construction of any oversizing of Green Road and the intersection improvements for Longworth Avenue and Green Road. 5.4 Block 158 (Part 9 of 40R-28857) The Owner shall be responsible for fulfilling the outstanding condition 5.9 from the Conditions of Draft Approval, dated June 15, 2015, for SC-2012-0003 (Brookhill Phase 3 Plan) which states that a Concept Plan shall be prepared for Block 158. The Concept Plan shall be included in the Engineering Drawings. The Owner is 100% responsible for the construction and installation of the work identified on the approved concept plan. 5.5 Clean Water Pipe The Owner is 100% responsible for the construction of all infrastructure required to convey external flows to the Brookhill tributary via a clean water pipe in the Longworth Avenue right-of-way, similar to the clean water pipe on Brookhill Boulevard. 5.6 Parkland 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 value of the land that would otherwise be required to be conveyed at the rate of 1 hectare of land for each 300 dwelling units in the draft Plan as of the day before the approval of draft Plan of Subdivision S-C-2020-0001. 5.7 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report entitled Environmental Noise Assessment prepared by YCA Engineering Limited and dated January 2020 (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 the building are in accordance with the Noise Report. 5.8 Temporary Turning Circles (1) Temporary turning circles are required at phase limits where roadways are incomplete and any lots abutting temporary turning circles will be frozen and not eligible for building permits. Page 16 (2) Where part of all of a temporary turning circle is on lands outside of the road allowances, the Owner shall convey an easement to the Municipality in a form satisfactory to the Municipal Solicitor. Such easement shall be released for nominal consideration when the turning circle is removed and the roads are reconstructed to a full urban standard to the satisfaction of the Director of Public Works. (3) 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 Public Works Part 6 — Agency Conditions Part 6 — Agency Conditions 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendations of the report, entitled "Environmental Noise Assessment" prepared by YCA Engineering Limited dated January 2020, which specifies noise attenuation measures for the development. The measures shall be 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 warning clauses identified in the study). (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) 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. Page 17 (6) 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) Prior to the finalization of this plan of subdivision, the Owner shall provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region's Site Contamination Protocol to address site contamination matters. Such evidence may include the completion of a Regional Reliance Letter and Certificate of Insurance. Depending on the nature of the proposal or the findings of the Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA), an RSC Compliant Phase Two ESA may also be required. The findings of the Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of Environment Conservation and Parks, accompanied by any addition supporting information. 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 controlling stormwater flow on the site and conveying stormwater flow from the site to an appropriate outlet, 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 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 (e) Details on the types of Low Impact Development (LID) measure to be implemented within the development to assist in reducing stormwater runoff and meeting infiltration targets in accordance with the water balance and CLOCA requirements. (2) That, an educational Homeowners Guide be developed to be distributed to the future lot owners regarding the significant wetland and buffer area as well Page 18 as the benefits, functions, and maintenance requirements of low impact development measures on the individual lots. (3) That, a Landscape Plan(s) be submitted for review and approval by CLOCA for the restoration planting within the vegetation protection areas (buffer lands) shown as Blocks 61 and 62 within the draft plan. (4) That amphibian habitat be addressed through detailed design measures to the satisfaction of CLOCA including appropriated exclusion fencing to be installed in the northern limits of development and the buffer interface at the west as a mitigation measure. (5) That a Hydrogeological Study be prepared to the satisfaction of CLOCA pursuant to the recommendations of the Functional Servicing Report. (6) That the Environmental Impact Study be further revised, as necessary to the satisfaction of CLOCA in order to respond to the comments contained in the May 26, 2020 memo from CLOCA Environmental Engineering. (7) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. (8) That the Municipality's Subdivision Agreement contain all the above noted conditions. (9) 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 CLOCA. (10) The Owner acknowledges that the site is within an area that is subject to CLOCA regulation, therefore a permit is required prior to any development activity on site. 6.3 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 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 Page 19 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 appropriately sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 6.4 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of 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 Page 110 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 7 — Standard Notices and Warnings 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: 7.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks 51 to 58: "Purchasers are advised that sound levels due to increasing road traffic may interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment Conservation and Parks noise criteria." (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 51-54, 57, and 58: "This dwelling unit was 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 Conservation and Parks (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." (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots Blocks 51-54, 57, and 58: "Despite the inclusion of noise control features in the design of the subdivision and individual units, noise levels from road traffic may be of concern and may occasionally interfere with some activities of the I11 dwelling occupants as the noise exposure level may exceed the noise criteria of the Ministry of the Environment, Conservation and Parks." 7.5 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." 7.6 Chain Link Fencing The Owner shall include the following notice in the agreements of purchase and sale for Block 51 (westerly unit): "Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent open space. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence." 7.7 Environmentally Protected Lands The Owner shall include the following notice in the agreements of purchase and sale for Block 51 (westerly unit): "Environmentally Protected Lands - Purchasers may not dump any material, debris or grass clippings on these lands. Purchasers shall not drain swimming pool water or spa water directly into these areas. Water should be directed to the road, where it enters the storm sewer system, and is treated by stormwater management controls" 7.8 Noise Attenuation Fencing The Owner shall include the following notice in the agreements of purchase and sale for Blocks 54 and 57 end units abutting Carl Raby Street: "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 Conservation and Parks 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. 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." Page 112 7.9 Schools The Owner shall include the following notice in the agreements of purchase and sale for all lots: "School buses" - -Purchasers are advised that school bus pick up points will generally be located on a through street at a convenient location to the Student Transportation Services of Central Ontario. "New Schools - Purchasers are advised that attendance at the public school on designated sites within the community are not guaranteed. Attendance at schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities and/or be directed to schools outside the area in accordance with continued development and accommodation pressures" 7.10 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) Durham Region how Conditions 2.2, 4.1 (2), 6.1 (1) to (7), 7.4, 7.8 have been satisfied; (b) Central Lake Ontario Conservation Authority, how Conditions 4.1 (3), 6.2 (1) to (10) have been satisfied; (c) Canada Post, how Conditions 6.3 (1) and (2), 7.10 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 Page 113 submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 (d) Kawartha Pine Ridge District School Board, 1994 Fisher Drive, Peterborough, Ontario K9J 6X6 (705) 742-9773. Page 114 Attachment 2 to Report PDS-004-22 70° 32' 40" - 302.33 0 291.3 - ' KEY PLAN 13 N 0 I p BUFFER V CA T Subject Property 386.9 3 _ W-1 397m ® ------- o LONGWORTH AVENUE o o 0 0 o Additional Lands Owned N 1 .557 -� N 70'32'40" E 193.569 N64 ;w II 19.02 5 6 0 0.3m RESERVE II II III III 1 , I I I I I II �I5I OC�21 IB40CK 3 I K¢50CK �1 LqC 1B4HI BLOC 3 III w 16.1mOS lH 1 6.1 OSTH 1 O StHom II jo a=a •� � , 3 0iYy 0 I60 'o� I6uI 1II01 241uI O�h2h9a � a3 Om 3I I I I I I I . 3 RRAY TABB STREET o o i&-5 5 13 z m 1 (ST. D) 0 151m mo 0 28.0 C 59 W 1 i�/ , _127.0 27.0 > > NT W U / �l�LL F N.T.S.LL '� Z G F N 18.0 A A KZ 118.0 3F F 18 9 Q --Bt -59- -BC CK38 - P 33 32. 3 o 6 2 F- 7 mOSTH aZJI SIH J 2 17 .098 ha 4u 0.0 ha 4u 34 F 49 U of 0 01 73 a a a o P 34.8---------- ---- ----- 32.0 F j w 32.0 3 . w 4- Z Ig11 II R 3 F F 16 LU 3 F F 48 za.o ARE4TABLE 0147-1&105dp Jan-y 11, 2022 Residential Singles Las 1-50 1.999 hat LL O~ 35.4 a W 19 F 32 32.0'14 32.0 6.1 m On Street Townhouses alocks 51-56 0.744 13 Z 1 75 36 F 47 1 1 © 7.Om On Street Townhouses Blocks 57-58 0.196 Z (L a a P 32.0 Q i Residential Townhouse and Apartment Block 31-k59 1.165 34.5 20 F 1- a 1 Residential Single Detached and Townhouse Block slockeo 0,398 U 32.0 7 F 46 Z Z 5 F F 14 }� I 1 v�/ Environmental Lands elocks ei-e2 0A42 a _ P a _ W 32.0 W 35.5 21 F F 30 I �� Roads 1.333 _I a 32.0 a 3 TOTAL 6.277 ha± a 6 13 J U Q 3 F F 45 o a 3 2.0 P ----�- -- L---- Z j 34.3 = 22 F F = U Q 28.0 99.6 a j 32.0 _ Z i 7 G G 12 d ; G G 44 ----------------- ROADS 20mR.O.W. 157m 0.323 132 3 0 co Lu N 33.1 a Y3 F 28 a _ B Q6.K Y ti 1ou .0 7.0J .5 8.5 7.0 7.0 10.55 ^' I 32 32.0 33-� R SIDE TliL* 91 G E z 18mR.O.W. sse m 0.627 15m R.O.W. 223 m 0.383 a p Co .1 1 Q G G 11 m _ 20.0 40 G 43 w f m G 32.0 I D TAC D AN� o F ------------------- W TOTAL 73a m 1.333 ha± 32.2 24 27 P 18.0 m U 0 32.0 T W U E LO O w =_ 32.2 I EASEMENT J h mEASEMENT C' - ----------- - PHASE 5 - ESTIMATED UNITS 6.1 m On Street Townhouse 35 z m 9 G G 10 --" a 25 F F 26 41 G 42 I a EASEMENT J a EASEMENT V ' 681 '� I O 7.0m On Street Townhouse 8 32.Q 32,Q . 31,6 11.6m Single Detached F 38 9 7.2 24.8; a •01 I 163.000 I 1 1 .000 I I 4.0 O 1 1 20.000 1.01 6I3.000 I I1.0 ! I N7 45 I I I I I I { 1 I I 18.0 1.0 31.000 \ I Ni '39'15"W N 39'15"VV✓ ----- ___ T T------- I 1 12.8m Single Detached c 12 30.951 1.0 yS.t1 N 1 '32' existin o.3 ese N7020'45"E I Q H n! r r" I I F exlstinlg .3T agree 3.4 0 I N 0'2 3.41�0 1 I //�'� I I �Q I I I I Y W I I I I I Qec}istin 0.3m raserv_e____3 N70'20' 5'-LL' 4.7 L I I Z W I I 4Ui;F\ xiating 0. m re erve I II I 1 I I I I LL4 I I TOTAL 93 u P I I I U I � Q Q I I I~ I I I I I I LJl�I V I I I I I Q� I I I LL ROSS WRI VE E M I I I N SID TIC I , I I I ___-_____ I I I I I I I I I I I I I I I I I I -- ------ I I I I I I I I I 1 _______ k.__+___+IT___LI___1IT___ r 1 I I I I I I I I I I I I I 1 \ Rev' S-C-2020-00 OWNER'S AUTHORIZATION SURVEYOR'S CERTIFICATE ADDITIONAL INFORMATION REQUIRED UNDER LEGEND WEST DIAMOND PROPERTIES INC. I hereby certify that the boundaries of the land to be SECTION 51(17) OF THE PLANNING ACT Boundary of Subdivision REVISED DRAFT PLAN OF PROPOSED SUBDIVISION I/we, PLAYERS BUSINESS PARK LTD. subdivided as shown on this plan, and their relationship to A, B, E, F, G, J, L - As Shown on Plan - - Additional Land Owned PART OF LOT 17, CONCESSION 2 the adjacent land are accurately and correctly shown. C. Additional land owned by the applicant or in which the applicant (GEOGRAPHIC TOWNSHIP OF DARLINGTON) being the registered owner(s) of the subject lands hereby has an interest in the vicinity is as shown on the key plan. authorize BOUSFIELDS INC. to prepare SEE ORIGINAL SUBMISSION NOW IN THE MUNICIPALITY OF CLARINGTON D. Residential Singles, OSTH, Residential Townhouse and Apartment Block, Residential and submit a draft plan of subdivision for approval. ooY Month Yea, Single Detached and Townhouse Block, Environmental Lands & Roads. REGIONAL MUNICIPALITY OF DURHAM SEE ORIGINAL SUBMISSION H. Piped water to be provided. ooY Moth Yea, I. Clay loam soil. K. Sanitary & storm sewers to be provided. BOUSFIELDs INC. NOTES . , 3 Church Street, Suite 200 All dimensions are in metres. Toronto, Ontario M5E 1 M2 All area measurements are computer generated. P (416) 947-9744 All elevations refer to Geodetic Datum. F (416) 947-0781 All existing buildings to be demolished. 20 10 0 25 50m 1 : 750 Jan a y 11, 2022 0147-1 a -105dp Scale Date Drawing Number Attachment 3 to Report PDS-004-22 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 2022-XX 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-2022-XX Now Therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 15.4. "Special Exceptions — Urban Residential Type Four (R4) Zone" is amended by introducing a new Subsection 15.4.47 as follows: "Section 15.4.47 "Special Exceptions — Urban Residential Type Four (R4-47) Zone" Notwithstanding Sections 15.2 a., and h., those lands zoned R4-47 shown on the Schedule to this By-law, shall be subject to the following zone regulations: a. Density (maximum) 100 units per hectare b. Outdoor amenity space (minimum) 4.0 square metres per dwelling unit 2. Section 14.6. "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by introducing a new Subsection 14.6.65 as follows: "Section 14.6.65 "Special Exceptions — Urban Residential Type Three (R3-65) Zone" Notwithstanding Sections 14.4 those lands zoned R3-65 shown on the Schedule to this By-law, shall be subject to the following zone regulations: a. Density (maximum) 40 units per ha b. Lot Frontage (minimum) 7.0 metres C. Yard Requirements (minimum) i) Front Yard 6.0 metres to private garage or carport; 3 ii) Interior Side Yard iii) Exterior Side Yard iv) Rear Yard d. Dwelling Unit Area (minimum) e. Lot Coverage (maximum) 3.0 metres to a dwelling; and 1.2 metres to unenclosed porch 1.2 metres, nil where building has a common wall with any building 3.0 metres 7.5 metres 85 square metres 45 percent for townhouse dwelling 55 percent for total of all buildings and structures A covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 10.0 square metres shall be permitted provided it is in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage f. Landscaped Open Space (minimum)30 percent g. Building Height (maximum) 12.5 metres h. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Environmental Protection (EP) Zone" "Agricultural (A) Zone" to " Holding — Urban Residential Exception ((H)(R1-79) Zone" "Agricultural (A) Zone" to " Holding — Urban Residential Exception ((H)(R3-37) Zone" "Agricultural (A) Zone" to " Holding — Urban Residential Exception ((H)(R3-39) Zone" "Agricultural (A) Zone" to "Holding — Urban Residential Exception ((H)(R3-65) Zone" "Agricultural (A) Zone" to "Holding — Urban Residential Exception ((H)(R4-47) Zone" as illustrated on the attached Schedule `A' hereto. 4. Schedule `A' attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. Passed in Open Council this day of January 2022 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A" to By-law 2022- , passed this day of , 2022 A.D. I I II I I I I 2490 � I TO 0 - I 2400 0 f 7 99 95 ti c° m uNi Nt v 2 1 �co v o p N 87 90 rn aro co ti m M LO f` CO co LO LO co m M N N L2 39 35 79 -� 8p 78 31 75 74 M c, L7 N N r 70 . 27 M r ti v0 a, LO ti CO M r'o o rn rn rn m CO 23 71 � 0 67 -9 , • 63 7 3 O ornrn0 72 M NNm 59 54 68 Zoning Change From 'A' To '(H) R1-79' _ 0 Zoning Change From 'A' To '(H) R3-39' Zoning Change From 'A' To '(H) R4-47' N W 0 Zoning Change From 'A' To '(H) R3-65' E ® Zoning Change From 'A' To '(H) R3-37' 0 Zoning Change From 'A' To 'EP' 3 Bowmanville • S-C-2020-0001 and ZBA 2020.0006 • Schedule 3