HomeMy WebLinkAboutPSD-009-12 •
1
Leadir:g the Way
REPORT
PLANNING SEVIC TM NT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 6, 2012 Resolution #: -1 By-law #: !
- - !
Report#: PSD-009-12 File #: COPA 2010-0005
Subject: AMENDMENT 77 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO
THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING
CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO
GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE
ACT, 2005 AND THE PROVINCIAL POLICY STATEMENT, 2005
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-009-12 be received;
2. THAT Amendment 77 to the Clarington Official Plan be approved and that the by-law
contained in Attachment 3 to PSD-009-12 be passed;
3. THAT Amendment 77 to the Clarington Official Plan be forwarded to the Regional
Municipality of Durham for approval;
4. THAT the Regional Municipality of Durham Planning Department be forwarded a copy
of PSD-009-12; and
5. THAT the interested parties list in Report PSD-009-12 and any delegations be advised
of Council's decision.
Submitted by: Reviewed b��_ '�-
Davibtrome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
LB/COS/df/av
31 January 2012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-009-12 PAGE 2
1. PURPOSE
1.1 The purpose of this staff report is to recommend to Council approval for the
amendments to the Clarington Official Plan as contained in Attachment 1 to PSD-009-
12.
2. BACKGROUND
2.1 Since the Official Plan was first adopted in 1996, Clarington has experienced rapid
growth, the Provincial government has introduced major legislation affecting the land
use planning process and the Durham Regional Official Plan has been amended.
2.2 The following provides a brief description of the changes that have been made to the
legislation, the implications of these changes for Clarington and the resulting proposed
policy amendments. The Municipality is required, within a prescribed time frame, to
bring the Official Plan into conformity with the Planning Act and Growth Plan legislative
changes, thus the need for the attached Official Plan Amendment.
2.3 Planning Act
2.3.1 The Planning and Conservation Land Statute Law Amendment Act, 2006 came into
effect on January 1, 2007, and supplied Ontario municipalities with a number of
additional powers addressing the land use planning process as well as Ontario
Municipal Board (OMB) appeals. The majority of the changes to the Planning Act
modify aspects of the planning process, provide additional tools for implementation of
provincial policies and give further support to sustainable development, intensification
and redevelopment.
2.3.2 The proposed amendments to the Clarington Official Plan related to urban design, the
planning process, community improvement plans, and sustainable design and
development are in keeping with the Planning Act amendments.
2.4 Provincial Policy Statement
2.4.1 The Provincial Policy Statement, 2005 (PPS) provides policy direction on matters
relating to land use planning that are of provincial interest. The PPS focuses growth
within settlement areas and away from significant or sensitive resources, it promotes the
efficient use of infrastructure, sustainable development, the protection of employment
lands, and the overall health and well being of the community.
2.4.2 The directions of the PPS are complemented by other provincial plans such as the
Greenbelt Plan and the Growth Plan for the Greater Golden Horseshoe. Together,
these documents provide a framework for comprehensive, integrated and long-term
planning that supports the principles of strong communities, a clean and healthy
environment, and economic growth.
REPORT NO.: PSD-009-12 PAGE 3
The proposed amendments dealing with issues such as the protection of employment
areas, and cultural heritage can be linked to the directives of the PPS.
2.5 The Growth Plan
2.5.1 The Growth Plan has been prepared under the Places to Grow Act, 2005. It is the
framework for guiding growth in the Greater Golden Horseshoe. The Growth Plan
directs growth to existing urban areas with a vision for greater intensification in built up
areas, transit supportive communities and increased densities for Greenfield
development. All with the aim to build complete compact communities.
2.5.2 The policies in the Growth Plan are intended to be read in conjunction with those of the
PPS and other provincial Plans including the Greenbelt Plan. The proposed
amendments that focus on the preservation of employment lands, support sustainable
development and the creation of high quality public spaces are just a few of the
objectives of the Growth Plan that have been addressed in this proposed amendment.
2.6. The Ontario Heritage Act
2.6.1 The Ontario Heritage Act, 2005 (Heritage Act) was amended to strengthen and improve
heritage conservation in Ontario. The changes made to the Heritage Act affect the
Municipality's ability to prevent demolition and manage heritage conservation resources
within the planning process, these have enhanced the policy framework.
2.6.2 The proposed amendments to the existing Cultural Heritage policies of the Clarington
Official Plan include some new terminology, modified definitions and the strengthening
of policies to ensure compatible development adjacent to heritage properties.
3. OFFICIAL PLAN AMENDMENT PROCESS
3.1 The changes to the provincial planning legislation and Regional
Policies and how they will affect Clarington and Clarington's
response to these policies were presented through the discussion
Paper "Let's Have a Discussion...Improving our Built 'orncia�
Environment and the Planning Process" p%v W
Cmnpuss to our Irurrar c
3.2 The Discussion Paper
Let's Have a Discussion...Improving our Built Environment and ......-----------------------------.----
the Planning Process, was the second discussion paper that has been prepared as part
of the Official Plan Review. The Discussion Paper was announced and released
through Report PSD-109-09 in November 2009.
The purpose of the Discussion Paper was to introduce recent changes to the legislation
and to explore the implications of the changes to the community. It also presented the
proposed direction for an applicable Official Plan Policy to respond to the legislative
changes. Following the release of the Discussion Paper and public information session,
staff prepared a Draft Official Plan Amendment that was presented to Council at GPA in
September 2010. (Staff Report PSD-096-10)
REPORT NO.: PSD-009-12 PAGE 4
3.3 The Draft Official Plan Amendment
The draft Official Plan Amendment was published on August 18, 2010. The public
meeting was held on September 13, 2010 (Staff Report PSD-096-010). It was
advertised in the Clarington This Week and the Orono Times in advance of the meeting.
Notice of the Public Meeting was mailed to the interested parties list, it was announced
in the Planning Services E-Update and on the Ourplan website. Residents, developers
and other stakeholders and public agencies reviewed the Draft Amendment and
provided comments.
3.4 The Recommended Official Plan Amendment
Staff considered the comments received regarding the draft Official Plan Amendment
and those received at the public meeting when preparing the recommended Official
Plan Amendment (Attachment 1 to PSD-009-012). Notice of the Public Meeting was
published on January 18, 2012. It was advertised in the Clarington This Week and the
Orono Times and the interested parties were mailed a notice in advance of the public
meeting.
4. CONTENTS OF RECOMMENDED OFFICIAL PLAN AMENDMENT
4.1 Introduction
The recommended Official Plan Amendment proposes policy revisions affecting the
following topics:
1. Urban Design;
2. Employment Areas;
3. Pre consultation and Complete applications;
4. Community benefits;
5. Cultural heritage;
6. Community Improvement Plans; and
7. Definitions
The following sections discuss the Amendment as well as provide a brief summary of
the implications of these changes to the planning process in Clarington.
4.2 Urban Design
Recognizing the need for high quality development as urban areas intensify, Bill 51
provides new powers to municipalities by adding exterior building design to the list of
matters which a municipality can address through the site plan control process. These
matters include, character, scale, appearance and design features.
The other significant component to these enhanced site plan control provisions allows
municipalities to require provisions of sustainable design elements within the road right
of way, for example plantings, street furniture and other amenities.
REPORT NO.: PSD-009-12 PAGE 5
Land use is established through the Official Plan and the Zoning By-law, but how a
building looks and fits within its context, is usually achieved through the site plan control
process except in residential areas. Every building, road and land use contributes to
our sense of place —to our community. The design of a building is intended to meet the
needs of the occupant and the user but it should also contribute to the community as a
whole by giving character to the spaces we enjoy. This proposed Amendment adds an
entire chapter of policies to the Official Plan (proposed Section 5A Urban Design) to
ensure a quality built environment.
Urban design principles and guidelines already exist in various locations within the
Official Plan; however, the proposed policies will better enable Clarington to utilize the
new provisions in the Planning Act as amended by Bill 51.
Currently, the achievement of Municipal objectives with respect to exterior building
design and sustainable design elements has largely occurred through the cooperation
of developers. By including these policies in the Official Plan, Council will clarify
expectations and compatibility with the community's character.
4.3 Employment Areas
It is the intention of the Provincial government to ensure that municipalities can maintain
their long-term economic competitiveness through the protection of employment areas.
Establishing criteria for the conversion of Employment Lands to other uses will protect
the land base necessary for job location and growth.
It is proposed that the policies for Employment Areas be updated to be consistent with
Provincial policy by requiring sequential development and, identifying specific low
intensity uses that are not suitable for serviced industrial lands, clarifying that the
development of Employment Areas shall precede by plan of subdivision and that such
development should be on full municipal services. It will be through these proposed
policies, among others, that the Municipality will be able to protect our existing supply of
Employment Lands and to assist in attracting higher employment generating land uses.
The current Official Plan focuses Employment Area policy on the uses that are
permitted and the associated development standards, but does not contain policies that
directly protect Employment Lands from being converted to other land uses. Once
these proposed Amendments are adopted, Employment Lands will be better protected
from being converted to residential or commercial uses.
4.4 Pre-consultation and Complete Applications
The amendments to the Planning Act emphasize a broadening of the range of
information available for approval authorities and Council to consider when reviewing an
application. It also shifts the submission of supporting information to the beginning of
the planning process.
REPORT NO.: PSD-009-12 PAGE 6
The proposed Amendment includes the introduction of a new section, Preconsultation
and Complete Applications within Chapter 23 Implementation of the Official Plan.
These proposed policies outline the need for a preconsultation meeting and complete
application requirements, including identifying the type of scope of any studies and
reports that will be needed. Council has already enacted a by-law requiring a proponent
pre-consult (By-law 2007-132). It would be appropriate to add the policies regarding
pre-consultation to the Official Plan.
Throughout the existing Official Plan, studies that may be required in support of a
planning application are identified. The proposed Amendment includes an Appendix
that lists the studies that may be required as part of a complete application. The
Appendix also provides a general description of the study requirements. The actual
terms of reference or scope of work is determined at the Preconsultation stage.
Planning staff have already implemented the complete application requirements and
pre-consultation meetings based on By-law 2007-132, and have been streamlining the
process with experience. Environmental Impact Study (EIS) procedures are the most
affected by complete application requirements. The existing Official Plan requires that
an EIS be prepared for any development application located on or adjacent to an
identified natural feature. It also states that the Municipality will select and retain
qualified professionals to carry out the EIS, at the expense of the applicant. The EIS
process will be amended to be consistent with the complete application requirements.
The changes proposed to the Official Plan policy and the EIS guidelines would make
the process similar to that of all other studies required for a development application.
Specifically, the hiring of a qualified consultant will become the responsibility of the
applicant. The Municipality and applicable Conservation Authority will establish the
development of the terms of reference prior to the preparation of the study as well as
the review of the completed Study. As with certain other studies, the Municipality, will
have the option to have the study peer reviewed at the expense of the applicant.
4.5 Cultural Heritage
Cultural Heritage is one of the most notable features that residents identify within a
community. Cultural heritage resources can be built and/or natural features. They can
include buildings and structures, neighbourhoods, landscapes, archival collections,
folktales and traditional crafts and skills. The proposed Amendment strengthens the
existing Official Plan policies by including the Provincial directions regarding the context
of heritage sites and adjacent properties. In addition, the creation of heritage
conservation districts, such as the one on Beech Avenue, is clearer with regard to study
and notification requirements.
4.6 Community Improvement Plans
A Community Improvement Plan (CIP) is a comprehensive, community-based plan that
outlines a vision and actions for revitalization of a specific geographical area of the
Municipality. To date three CIPs have been adopted and are being administered for the
downtown areas of Orono, Newcastle Village and Bowmanville.
REPORT NO.: PSD-009-12 PAGE 7
The attached proposed Amendment, (Map I) proposes to add new community
improvement project areas (such as the Technology Park and the Courtice Main Street
Study area) and to eliminate others as depicted within Attachment 1 to Report PSD-
009-12. Changes to the legislation now allow energy efficiency upgrades to be included
as an undertaking eligible for funding. This will be considered in the preparation of
future CIPs.
4.7 Definitions
A number of the existing definitions contained in the Official Plan are proposed to be
amended to ensure consistency with the definitions contained in the Provincial Policy
Statement, the Greenbelt Plan, the Growth Plan for the Greater Golden Horseshoe and
the Durham Region Official Plan. Additional definitions have been included for ease of
reference.
5. PUBLIC CONSULTATION
5.1 Public Participation Process
A Public Information Session was held in December 2009, following the release of the
`Lets Have a Discussion....Improving our Built Environment and the Planning Process'.
Staff heard a number of positive comments regarding the information boards and the
discussion paper. The majority of the discussions were about residential growth,
servicing employment lands, and property specific enquiries.
5.1.2 Public Meeting - September 2010
The original public meeting was held September 13, 2010. The following is a summary
of the comments recorded during that Public Meeting. Two delegates appeared in
opposition to the proposed amendment and one in support.
The first delegate was concerned about the identification of parcels as Greenfield or
Built Up as indicated on the proposed Built Boundary map, particularly as it relates to
Provincially Significant Wetlands and other natural heritage features within the Courtice
area. The delegate wanted these two designations to be removed from these lands.
The second delegate was concerned that Maple Grove has been excluded from the
Official Plan and as a result, Maple Grove is being by-passed for development and
community improvements such as sidewalks.
The delegate in support of the amendment was unable to attend, however provided a
Councillor with a letter to read on his behalf. The letter provides support for the removal
of the Future Residential land use designation.
REPORT NO.: PSD-009-12 PAGE 8
5.1.3 Written Submissions
Written Submissions were received from a number of public agencies including the
Region of Durham, the Central Lake Ontario Conservation Authority, Bell Canada and
Veridian. Submissions were also received from members of the public, landowners and
consulting firms on behalf of landowners. A summary table has been provided as
Attachment 2 to Report PSD-009-12.
In some cases the written submissions that were considered in the following sections
were made as part of the initial public consultation process that began in 2009 whereas
others were in direct response to the draft Official Plan Amendment released in August
2010. Regardless of when the submission was made, provided they pertained to the
proposed amendment they were considered. If a written submission made references
to a topic that is not part of this amendment the comments were recorded and they will
be addressed in a future stage of the Official Plan review.
Second Public Meeting — February 2012
The proposed recommended Amendment 77 to the Clarington Official Plan (Attachment
1 to PSD-009-12) was published on January 18, 2012. The interested parties were sent
notification of the February 6, 2012 General Purpose and Administration meeting on
January 16, 2012. The proposed Amendment 77 to the Clarington Official Plan
(Attachment 1 to PSD-009-12) was also available for review on the Official Plan Review
website (www.clarington.net/ourplan) and hard copies have been available at the
Planning Services counter. At the time of writing this report, staff have not received any
written comments regarding the amendment.
A Public Consultation Report will be prepared to chronicle the public consultation
process associated with this proposed Official Plan Amendment upon its conclusion.
The Public Consultation Report will include a summary table of verbal and written
submissions associated with this amendment as well as copies of each submission that
was made.
5.2 Comments on Draft Amendment
5.2.1 The following section summarizes the submissions received by topic, staff comments
are provided as well as staff recommendations.
5.2.2 Urban Design
Overall, the introduction of the Urban Design section to Chapter 5 has been well
received. An earlier submission requested a heightened focus on the visual arts by
including public art in developments, creating gateway/entranceway features into the
community, and generally by supporting the Arts. Other written submissions have also
touched on the issues addressed in the proposed urban design policies, usually in
support. For instance, Bell Canada has requested the addition of policies for the
location and placement of utility equipment. Other comments, such as those from Tim
REPORT NO.: PSD-009-12 PAGE 9
Norton's, are focused on the design needs of the private developer, such as corporate
image.
Staff Comments
The proposed urban design policies focus on making places for people, including the
connections between people and places, urban form, nature, and the built fabric.
During the community consultation sessions we clearly heard that the community
welcomes development, but with a made in Clarington design. The challenge always
lies with balancing the needs of the developer, with those of the community.
Staff recommendation: The urban design policies have been refined and have
incorporated some of the received suggestions.
5.2.3 Employment Areas
Written submissions on behalf of Abe's Auto Recycling, an auto dismantling business,
have been made with respect to the policies proposed for Employment Areas. The
submissions object to the proposed policies noting that they will prevent the relocation
of an existing business to another undetermined site within Clarington. The
submissions request specific provisions be made to allow the relocation of the existing
business onto another property within Clarington, essentially an exception clause for a
specific business owner.
Staff Comments
The Official Plan and Zoning By-law provide a framework governing the current and
future use of land. The land use rights of a property cannot be transferred to another
property, nor can a business be identified as having special exemption without
reference to a specific property and subject to a detailed review.
Staff recommendation: Staff does not recommend a policy change to accommodate the
specific business interest in another location.
5.2.4 Preconsultation and Complete Applications
There was only one written submission made regarding the Preconsultation and
Complete Applications proposed Policies. The submission noted that if a Study was
prepared by a qualified consultant in accordance with Municipal Standards, invoking a
peer review of a study is "an unnecessary cost burden for the applicant".
The same submission also recommended that the Records of Pre-consultation be
prepared by the Municipality and not the proponent.
Staff Comments
With respect to a peer review being required, it must be remembered that the policy
does not require that a peer review be undertaken in all circumstances, it notes that a
peer review may be required. Peer reviews are not normally invoked if the Study is
REPORT NO.: PSD-009-12 PAGE 10
prepared by a qualified consultant in accordance with all of the Municipal Standards.
Normally the peer review is required because the study has deviated from either a
Municipal and/or industry standard or terms of reference.
Staff recommendation: Staff does not recommend a policy change as a result of this
submission. Preconsultation procedures have been updated such that staff prepare
Preconsultation minutes.
5.2.5 Cultural Heritage
The Clarington Heritage Committee has made many written submissions to the Official
Plan review. The intention of all of their submissions has been to raise the awareness
and ensure the protection of Cultural Heritage Resources throughout Clarington.
Staff Comments
Many of the suggestions by the Heritage Committee were incorporated into the
preparation of the proposed Amendment.
Staff recommendation: Staff does not recommend a policy change because the
submission was considered during the drafting of the policies.
5.2.6 Other (Community Improvement Plans, Definitions, Schedules (Exhibits): Appendix A)
Only one submission addressed Appendix A- General Description of Studies that is
proposed to be appended to the Official Plan. This submission noted that the there was
not enough information in the various descriptions in order to determine what
development circumstances would trigger which studies. It also questioned how some
impacts, such as noise would be determined.
Staff Comments
The intent of Appendix A- General Descriptions of Studies is to give a general overview
of what the study's purpose is and some of the items that such a study would address.
The circumstances of when a study is required are generally determined on a project
specific basis and are determined at the preconsultation meeting. The Terms of
Reference are subsequently drafted and agreed upon prior to the study being
undertaken.
Impacts, depending on the type of study, are based on the assessment of the situation
in comparison to the applicable Federal, Provincial, Regional and local standards.
These are known standards to the Professional preparing the requisite Study.
Staff recommendation: Staff does not recommend a change to the General Description
of the Studies table.
REPORT NO.: PSD-009-12 PAGE 11
5.2.7. Future Urban Residential Areas
Since the publication of the draft Official Plan Amendment 77 in September 2010 Staff
removed a component of the draft Amendment which can generally be referred to as
growth management policies. This included:
• Redesignation of lands from "Future Urban Residential' to "Urban
Residential";
• Requiring the preparation of Secondary Plans for newly designated Urban
Residential areas and incorporating other Secondary Plan policies such as
phasing and design elements; and
• The Built Boundary, being the built-up area which is used for the purpose
of monitoring intensification under the Provincial Growth Plan.
Staff Comments
The development community was very supportive of the introduction of these growth
management policies. Even prior to the preparation of the draft amendment, many
official plan review submissions requested the removal of the Future Urban Residential
designation for specific properties. However, Regional planning staff submitted that the
Growth Plan and Regional Official Plan growth management policies are not yet
approved so they were not in a position to provide comments on the proposed growth
management policies.
The above noted growth management policies were removed from the amendment so
that they could be considered with other growth management policies contained in the
Growth Management and the Intensification Discussion papers. A comprehensive
evaluation of the growth management policy implications, prior to proceeding with an
Official Plan Amendment is a more appropriate course of action than proceeding with a
partial policy amendment.
Staff recommendation: The above referenced growth management policies will be
considered during the Growth Management component of the Official Plan Review.
6. CONCURRENCE — Not Applicable
7. CONCLUSION
7.1 The policies contained in this Amendment will ensure that the Clarington Official Plan is
in conformity with the Planning Act, the Ontario Heritage Act and the Region of Durham
Official Plan.
It is respectfully recommended that Amendment No. 77 to the Clarington Official Plan
be ADOPTED and forwarded to the Region of Durham for their approval.
REPORT NO.: PSD-009-12 PAGE 12
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
X Maintaining financial stability
Connecting Clarington
X Promoting green initiatives
Investing in infrastructure
X Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Carlos Salazar or Lisa Backus
Attachments:
Attachment 1 - Amendment 77
Attachment 2 - Comments Summary Table
Attachment 3 - By-law to Adopt Amendment 77
Interested parties list to be notified of Council's decision:
Official Plan Review Interested Parties List of February 8, 2012 is on file with the Planning
Services Department and the Clerks Department.
Attachment 1 to
Report PSD-009-012
l
AMENDMENT NO. 77
TO THE CLARINGTON OFFICIAL PLAN
A. PURPOSE OF THIS AMENDMENT
The purpose of this Amendment is to update the policies of the Clarington Official
Plan to incorporate the requirements and permissions afforded to the Municipality
of Clarington as a result of Bill 51, the Planning Conservation Land Statute Law
Amendment Act, 2006, revisions to the Ontario Heritage Act, 2005 and the
Provincial Policy Statement, 2005 coming into effect.
B. LOCATION OF THIS AMENDMENT
This amendment is to be applied to all lands within the Municipality of Clarington.
C. BASIS OF THE AMENDMENT
The Planning and Conservation Land Statute Law Amendment Act, 2006 came
into effect on January 1, 2007 and supplied Ontario municipalities with a number
of additional powers that deal with the land use planning process as well as
Ontario Municipal Board (OMB) appeals. The majority of the changes.to the
Planning Act modify aspects of the land use planning process, provide additional
tools for implementation of provincial policies and give further support to
sustainable development, intensification and redevelopment.
The Ontario Heritage Act, 2005 was amended to strengthen and improve
heritage conservation in Ontario. The changes to the Act affect the Municipality's
ability to prevent demolition and manage heritage conservation resources within
the Planning Process, but have not changed the direction of the policy
framework. The proposed amendments include minor terminology changes
including some revised definitions.
The Durham Region Official Plan, 2009 has been amended to incorporate the
many provisions from the Planning and Conservation Land Statute Law
Amendment Act, 2006 as well as the Provincial Policy Statement (PPS).
D. THE AMENDMENT
Unless otherwise indicated, in the Amendment, newly added text is shown with
underlining, and deleted text is shown with a strike-through.
a) Existing Section 1.1 Introduction, paragraph 4 is hereby amended as follows:
Over the centuries, the pressure of growth has put stress on the natural support
systems - air, soil and water. The loss of the salmon fishery in the 1800's and
the degradation of the fragile soils of the Oak Ridges Moraine early in the 1900's
+hio Gent pry are examples of both environmental destruction and human
restoration efforts. These events serve as useful signposts of the need for
sustainable settlement patterns.
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b) Existing Section 1.1 Introduction, paragraph 6 is hereby amended as follows:
At the beginning end of the 21St century, Clarington is preparing for change
and urbanization. This Official Plan is prepared in the context of our history, our
current needs and the challenges of the future.
c) Existing Section 1.3 Plan Preparation Process is hereby amended by adding the
following paragraphs at the end of the section:
"The Official Plan was adopted in 1996. Since that time, Clarington has
experienced rapid growth. In addition the Provincial government has introduced
major legislation affecting the land use planning process, and the Durham
Regional Official Plan has been amended. The Municipality is required to
conform to the new Provincial and Regional planning policies.
Clarington's approach to the Official Plan Review was designed to have
continuous implementation throughout the process with several major
amendments to the Official Plan. The Review consisted of the preparation of a
number of Discussion Papers on major topics that highlighted key issues and
suggested direction for the community. Following extensive public consultation,
amendments were incorporated into the Official Plan."
d) Existing Section 2. Basis of the Plan, paragraph 2 is hereby amended as follows:
The Clarington Official Plan is prepared in accordance with The Planning Act, the
Provincial Policy Statement as amended and other relevant Provincial legislation
and Plans and the GernpreheRSiVe Set Of PFOViRGial PEAGY Statern This
Plan and amendments thereto, once approved by Regional Council, will conform
to and implements the provisions of the Durham Regional Official Plan.
e) Existing subsection 4.4.4 is hereby amended as follows:
4.4.4 Within the Oak Ridges Moraine, an application for development or site
alteration within the minimum area of influence that relates to a natural
heritage feature or a hydrologically sensitive feature, but outside the
feature itself and the related minimum vegetation protection zone as
identified in Table 4-1, shall be accompanied by a Natural Heritage
Evaluation and/or a Hydrological Evaluation_. in 0000rdanGe with SeGtions
4.4.39, Ail it 0 and it A 41 of this Plan.
Where site specific studies or updated information from the Province
results in refinements to the boundary or extent of a key natural heritage
feature identified on Map D, or its related vegetation protection zone, such
refinement shall not require an amendment to this Plan. However, where
such refinement of the boundary or extent of the feature is proposed for a
wetland, area of natural and scientific interest and/or significant portions of
the habitat of endangered, rare and threatened species, or their related
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minimum vegetation protection zones, then formal confirmation of said
refinement is required from the Province, prior to any development or site
alteration. If an evaluation determines a greater minimum vegetation
protection zone is required than that which is identified in Table 4-1, then
the greater shall be provided.
f) Existing Table 4-1 is hereby amended by deleting the cross references to Sections
4.4.40 h); 4.4.41 c) and d) and 4.4.43.
g) Existing subsection 4.4.9 is hereby amended as follows:
4.4.9 The policies of this Plan shall also apply to any natural heritage feature
which has been identified by the Municipality, the Region, a Conservation
Authority or the Province, but which is not presently shown on Map C or
Map D. Where a natural heritage feature is not identified on Map C or
Map D, it does not necessarily mean that the feature or part thereof may
be developed or altered in any way. Should a natural heritage feature be
identified through the review of a development application and written
notice given to the applicant, the preparation of an Environmental Impact
Study pursuaRt tG SeGtOGR 4.4 or a Natural Heritage Evaluation or
Hydrological Evaluation pursuant to Sections 4.4.4 0 and 4. shall be
required.
h) Existing subsection 4.4.10 is hereby amended as follows: '
4.4.10 Development will not be approved where an Environmental Impact Study,
Natural Heritage Evaluation or a Hydrological Evaluation ^omnleted in
identifies
unacceptable negative impacts on the natural heritage system.
i) Existing subsection 4.4.22 is hereby amended as follows:
4.4.22 Within the Oak Ridges Moraine, an application for major development with
respect to land in a Landform Conservation Area Category 1 or 2 as
identified on Map E, shall be accompanied by a Landform Conservation
Plan. iR_QeGGrdanGe�with S '^n 4.4.42.
j) Existing subsection 4.4.35 is hereby amended as follows:
4.4.35 An Environmental Impact Study shall be undertaken for development
applications located on lands within or adjacent to the Lake Ir^E}1�61S
Beach, any natural heritage feature including the Lake Iroquois Beach
identified on Map C and any natural heritage feature which may exist but
which is not presently identified on Map C but of which notice is given in
accordance with Section 4.4.9: The MURiGnpality, iR GGREMItatioR with the
Region of D irham r ('the onsenia inn Authority and other agenniec Will
�
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En„i�nental ImpaGt Stud . The Terms of Reference for the preparation
of the EIS shall be approved by the Municipality in consultation with the
Conservation Authority prior to the preparation of the Environmental
Impact Study. The M ininipality will adept Environmental (meant Study
mnant Studies b y qualified professionals The expense of the sti v-Ii
cc-v ccrprvTCS�v���c�cperr�c�rcrr��c
be bE)FRe by the PfOPGReRt. The Study shall:
aa)) examine the funGtiens ef the natural heritage features;
"^�" '
�derr' i the potential neff � proposer! development ran the
M v a �r-vpvvccTCrc�u-rv�rrrc-r'rrcrr-r-cr-r�.
natural heritage feed ores and their enologinal fi motions•
0
d) identify any lands to by be preserved in their Ratural state
e) identify mitigating rneasures to address the adverse affents of
development nn tho nati oral heritage features anrd their eoologioal
fUnntions ipnl� rding sethanhs for eyelopment•
e i rd o
f�
identify the potential for re6teration FreatiGR Of Wi
habitat; and
g) examine the Gu"'''ula iveaaGt of the existing, propose
k) Existing Section 4.4 Natural Heritage System is hereby amended by deleting
existing subsections 4.4.36 through 4.4.38, by adding a new subsection 4.4.36
as follows and renumbering subsequent sub sections accordingly:
"4.4.36 Where the proponent of an application for development on lands within or
adjacent to any natural heritage feature has submitted an Environmental
Impact Study, a Natural Heritage Evaluation, a Hydrological Evaluation or
an other type of Environmental Study to the Province, the Region or the
Municipality, the Municipality may select and retain qualified consultants to
undertake a peer review of the study to ensure that the Study
requirements are satisfactorily addressed. The expense of the peer
review shall be borne by the proponent. Where appropriate, the
undertaking of the peer review shall be coordinated with the Region."
1) Existing Subsection 4.4.39 is amended as follows
4.4.39 Within the Oak Ridges Moraine, a Natural Heritage Evaluation and/or
Hydrological Evaluation shall be undertaken for any development or site
alteration proposed within the minimum area of influence of any natural
i
5
heritage feature or hydrological sensitive feature but outside the feature
itself and the related minimum vegetation protection zone as identified in
Sections 4.4.2 of this Plan. The minimum area of influence is identified in
Table 4-1 of this Plan_. The study shall deMeRstrate how the sno„ifi„
plannplanning citing• design or nonstr,,otion prantines fnr the nronosec{
ing, .,.�...A, .,......�.. .,. ..............,......... r......,...,...., .... ..... r....r,.........
development weuld maintain or enhanoe the eooinginal integrity of the
Mera'Re, the natural heritage, water FeSOUFGes and !andfeFFn
eservatien systers. The MURininnlity may relent and retain qualified
prefessIGRal expeFtise te prepare the study er peer Feview a study with the
evnense being borne by the pronnnent
Where development or site alteration may be permitted in accordance with
Section 4.5.18 and Section 23.9.2 of this Plan within a natural heritage
feature or hydrological sensitive feature or within the respective minimum
vegetation protection zone, a Natural Heritage Evaluation and/or
Hydrological Evaluation shall be undertaken_. in ar+aordanne With the
as
m) Existing Subsection 4.4.40 is deleted in its entirety.
4.4.40 in aGGOrdanGe with SeGtien 4.4.39, a Natural Heritage EvaluatiGR for an
develepn4ept er site aiteFatien sitewithin the Oak Ridges Meraine shall:
a) previde an inventery of vegetation and w-#dge habitat en and-within t
yininity of the proposed development site;
b) nreyide a m Gom eh y a supie of wildlife use of the proposed
dev�pment h lands;
G) identify the antinipated imnaots from the nropnsed development and
on the natural heritage featuFes•
,
d) identify lands where forest never should he nresepied or enhanned•
e) demonstrate that the ideye pment or site alteration applied for will
have no adverse effents nn the natural heritage features or OR their
f\ identify planning design and nonstr„ntion prantines that will rnaintaiR
and,-where pessible, irm restore the health, diversity and size
of natural heritage feature and its nnnneG6Wt with ether nataFal
heritage features•
,
features will he maintained and, mere improved nr restored
before d,mi tr,,
na and after onnsntinn possible,
h) determine whether the dimensions of a minimum yenetatien nrnten_tion
zone Spc'Gified in Table /) 1 of this RaR are s,,ffinient and if it is not
s„ffioient spenify the of the required minimum vegetation
�c+rrr�r....r r«Pc"..7 �-n-rn rrr-r rcTr r r-v� �c�
6
prntentinn Zone and nroVride fnr the maintenanGe and where pns ihle
FeGify the need feF and diMeRS!E)RS of a minims rn vegetatme-n
nreteotinn Zope Where Table 4, 1 of this Plan does not identify the
prvr�c�vnzvnti-�vr-r..-r�raurc- —r-ormr� r-rare-cro,c��-rrorrac�-rrrry�-r-r�
dimensions of a minima im vegetation prntentien zone and provide fnr
the rnainteRaRGe and, ThreFe gqss' atinn of
natbiral self_sustaining vegetation within it;
i\ in the Gase of a natteFal heritage feature that is fish habitat ensure
GnrpplianGe with the req Uirements of the department of Fisheries and
k) in the e of'a Life SGmeRCe ANSI identified in Table 4 1, the-basis-E)R
whiGh the determinetinn',o,n,�rl`•s''pe^nif!Gattinn mentioned in i ihsentinn i\
above is done, shall G'wde wtthcwt i4mitatiOR, an analysis of land rise
type,Seil
the Government of ORtarin as amended from time to time
n) Existing subsection 4.4.41 is deleted in its entirety.
4.4.41 lR aGGGpdaRGe with SeGtien 4.4.39, a HydFG!GgiGal Evaluatk)R shall also be
Moraine This eyaluatinp l�
a\ demonstrate that the r/e�i Io agent er site alteration will have nn
adverse effeots nn the hydroing;Gally sensitive Feats ire OF nn the
b) identify o ,
and VW-tc- ` re possible improve or restere the health diversity and size of
the hydroinglGally sepcitiye feats ire•
G\ determine whether the minima im vegetation preteotien Zope where
dimepsinnc are specified in Table A 1 is sU#inient and if it is not
s meieentsspenify ththeedirmeerin�f the required minima rn vegetatervornr
pretectiop tope and provide for the maintenanGe and, possible,
ossible
,
revement er restemtinn of natuFal self_sustaining vegetation within
its Qt'1tt
d\ in the ease of permanent and intermittent streams and seepage areas
and CVpFiRgssaas de +ed in Table 4_1 the basis OR wh!G
determination and specification mentioned in si ibseGtien n\ above is-
dGRe shall
e o soil type
end slope Glass, using Griteria established by the Government of
ORtarin as amended from time to time
o) Existing subsection 4.4.42 is deleted in its entirety.
4 4.42 Lam rBr n m-Censewati n Dl PaR shall inGIU4e
® elevation nnntn rs in sf inient retail to show the bas' iG tnpnnraphin
�uraGter of the site, r h an inteval o nGt mere than rtkVe metres-
0
is of the site by slope type (fnr example mnrderate nr steep)
c-�-vr ,
sinnifinant landform featuFes si Inh as ravines and ridges
all water belies innlUrding intermittent streams and pnnrds
planning,b) a development strategy that ideRtifie te design and
„ ,', t �
i fV� Rg:
• retention of sii^rnifinant lani-lfnrm features in an open i Rdisturherd
tGi-Ft-F
• Fead alignment and building plaGemeRt tG minimize grading
• rent irements
GGRGeenrnFatienn Of GfeV »meent OR PGFtiGRS of the site that-c are not
sign ifi�na n7Lt
• i use of inneyatiye building design to minimize grading requirements
• use of selentiye grading tenhnin iec
p) Existing 4.4.43 shall be amended as follows:
4.4.43 Within the Oak Ridges Moraine, an application for development or site
alteration with respect to land in an area of natural and scientific interest
(earth science) or the related minimum area of influence shall be
accompanied by an Earth Science Heritage Evaluation.-that:
a) identifies planning, design and GenGtFUGtiGR pra s-::-q that lvvill eRSUFe
the area of natwFal and scientifin interest was identified; anr)
b) determines whether a minimum vegetation preteGtieR ZeRe is Fequired,
and if se, spenifies the dimensions of that zone and preyides for the
maiRteaene and wheFeeT' restoration of IiIII,
natural self sustaining vegetation within it
q) Existing Section 5.3 Policies are hereby amended by adding a new sub-title
"Municipal Finances" after Policy 5.3.7
r) Existing subsection 5.3.8 is hereby amended as follows:
5.3.8 A Financial Impact Analysis maybe required to evaluate the impact of the
proposed development on the operating and capital budget of the
Municipality. The Financial Impact Analysis shall also consider the impact
on the development charge project sequencing and priorities, and on the
multi-year budget and long term financial plans of the Municipality. The
8
for major development proposals. The Municipality shall select and retain
qualified professional expertise to undertake a Financial Impact Analysis
such a study but with the expense of the study shall to be borne by the
proponent. Where such an analysis demonstrates that the development
will have an adverse effect on the Municipality's financial situation, then
the development will be considered to be premature and contrary to the
intent of this Plan.
S) Existing Section 5 Growth Management is amended by adding a new Subsection
5A Urban Design as follows:
"5A. URBAN DESIGN
The Municipality of Clarington is committed to excellence in the design of
public spaces and in the design of public and private buildings. Urban
design provides the context for the way in which people interact with the
built environment— streets, blocks, buildings and open spaces. Good
urban design creates a comfortable environment for residents and
establishes a positive image for our community.
5A.1 GOAL
To create a built environment that celebrates the history and character of
Clarington, fosters a sense of place for neighbourhoods and communities,
promotes a positive image of the Municipality, and enhances the well-
being of residents.
5A.2 OBJECTIVES .
5A.2.1 To create a high quality public realm and image for the Municipalit in n all
land uses.
5A.2.3 To create neighbourhoods that give priority to sustainable desiqn,
including environment-first principles, walkability, land efficiency, compact
and connected communities and resource and energy efficiency.
5A.2.4 To create attractive safe communities with a sense of place and a diversity
of built form that supports future intensification and redevelopment.
5A.2.5 To create a built environment that gives priority to walkable design and
facilitates an active transportation system including walking, biking and
public transit.
5A.2.6 To utilize the principle of universal design to create a built environment that
is accessible for all residents.
9
5A.2.7 To design buildings and space that do not negatively impact adjacent
buildings or detract from the specific identity or character of an area.
5A.3 THE PUBLIC REALM
i
The public realm is the most highly visible portion of our community. It
comprises public streets, sidewalks, parks and publicly accessible open
spaces, trails and paths, rights-of-way, public buildings and civic facilities.
5A.3.1 Public streets and rights-of-way are considered significant public places.
Their design should reflect the multiple roles and functions by ensuring
that:
a) they accommodate a variety of transportation functions, including
. walking, transit, driving, and cycling;
b) street trees and landscaping provide protection for pedestrians and
enhance the attractiveness of the street;
c) utilities and services will be located below grade to the greatest extent
possible. Where this is not possible, transformers and similar
equipment will be screened or located within buildings;
d) in Town and Village Centres, the streets' function as a gathering place
is recognized by providing pedestrian amenities such as wide planted
boulevards, attractive street furniture and-"character of place" street
lighting; and
e) they accommodate street furniture appropriate to the character of the
area.
5A.3.2 Public streets will be designed to provide an interconnected grid-like
pattern of streets and blocks that are walkable and flexible by:
a) having consideration for natural features and terrain;
b) limiting the length of streets and blocks to assist with pedestrian and
bicycle circulation;
c) maximizing the number of street connections to arterial roads;
d) designing streets that are safe for cyclists;
e) having a convenient system of sidewalks;
f) limiting window streets and avoiding cul-de-sacs and street-to-street
walkway
g) not incorporating measures to restrict access and circulation through
neighbourhoods.
5A.3.3 Public art is a distinguishing part of our public history and our evolving
culture. It reflects and adds meaning to our communities. The Municipality
will support:
a) the incorporation of public art as part of public facilities;
10
b) the integration of public art in new development, particularly Town and
Village Centres; and
c) public art that reflects on the community character and cultural
heritage.
5A.3.4 Public buildings, facilities and spaces are an important part of a
comr-unity. They accommodate and facilitate the delivery of public
services and enhance the quality of the urban structure and its public
spaces. Generally public buildings shall;
a) be located on prominent sites such as terminal vistas or areas with
high visibility view corridors;
b) be located centrally to the area they service, such as a neighbourhood;
c) have significant street frontage and high quality landscaping;
d) be oriented to the street incorporating massing, detailing and entrance
features that support its importance to the community; and
e) set an example in architectural and sustainable design.
5A.3.5 Gateways are key locations that are to be designed to serve as landmarks
highlighting the arrival off Highway 401, entrance into a Town or Village
Centre, or a transition from the rural to urban or hamlet area. TheV may
also be prominent intersections as defined in Section 5A.4.6. Gateways
shall:
a) include design features such as specialized landscaping, low walls,
lighting signage and architectural elements, and upgraded pavement
treatment; and
b) Recognize that the primary focus of a gateway is oriented to vehicles
with the exception of entrances to Town or Village Centres, where
pedestrian features are desirable.
5A.4 BUILT FORM
5A.4.1 Existing Neighbourhoods
New development and redevelopment in established neighbourhoods will
be designed to:
a) respect and reinforce the physical character of the established
neighbourhood having regard to the pattern of lots, streets and blocks,
the size and configuration of lots, building types of nearby properties,
the height and scale of buildings and the setback of buildings from the
street, rear and side yards;
b) in neighbourhoods of historical character, be consistent with the built
form pattern of the area;
11
5A.4.2 New Neighbourhoods
New development and emerging neighbourhoods will be designed to:
a) create a distinct neighbourhood identity:
b) have an appropriate built form and design as determined through a
comprehensive Secondary Planning processes having regard for the
overall community character. Where a previous Neighbourhood
Design Process was undertaken, guidance will be provided through
Community Theme and Design Plans;
c) address the Municipality's General Architectural Design Guidelines or
any neighbourhood specific Architectural Design Guidelines; and
d) provide for a variety of housing type and supportive land uses,
including commercial and community facilities.
5A.4.3 Centres Corridors and Intensification Areas
Development in Centres, Corridors and Intensification Areas will be
designed to:
a) have buildings sited near the street line to contribute to a sense of
enclosure and a strong street edge;
b) recognize the historic context;
c) locate maim building entrances that are visible and directly.accessible
from the public sidewalk of the main street;
d) provide active ground floor uses and avoid blank facades;
e) enhance the built environment with attention to massing, building
articulation, architectural detail, the use of local materials and styles;
f) enhance the pedestrian environment with awnings, pedestrian scale
lighting, landscaping, benches and other street amenities;
g) provide transitions in scale to areas of lower density;
h) provide for adequate light and privacy for the occupants of new
development and the occupants of adjacent properties;
i) minimize adverse shadow and wind impacts on neighbouring
properties or the public realms areas; and
j) enclose or screen roof top mechanicals, including the incorporation
telecommunications equipment within the building_
5A.4.4 Employment Areas
Employment Areas will be designed to:
a) provide for the highest quality and larger-sized building along Highway
401 with no outdoor storage permitted;
12
b) maximize the placement of buildings along the frontage of lots facing
public streets while minimizing surface parking at the front of any
building;
c) buffer and screen any surface parking area visible from the street; and
d) buffer and screen any outdoor storage areas, where permitted,
through the use of setbacks, berms, landscaping and fencing.
5A.4.5 Drive Throughs
The following policies shall apply to the development of drive-through
facilities where they are permitted:
a) any drive-through facility must be located on a lot sufficiently sized to
accommodate all activities associated with the drive-through facility;
b) all buildings containing drive-through facilities shall be oriented to the
Primary street frontage. No portion of the stacking lane and no parking
spaces or drive aisle shall be located within the setback area;
c) drive-through facilities shall be sufficiently separated from residential
uses to avoid issues of land use compatibility;
d) a drive-through facility will have sufficient dedicated stacking lane to
prevent vehicles from interfering with on-site and off-site vehicular
circulation; and
e) any additional policies as may be contained in Secondary Plans.
Subsection b) does not apply to lands designated Highway Commercial.
5A.4.6 Prominent Intersections
Prominent intersections in the Municipality are identified on Table 5A-1.
Additional prominent intersections may be identified through Secondary
Plans. Prominent intersections may also be gateways. At prominent
intersections, buildings shall be designed to provide a community focal
point by having_
a) massing and height sufficient to emphasize the significance of the
intersection;
b) high quality building materials and building articulation on both street
frontages;
c) significant areas of transparent glass ;
d) special architectural elements such as the corner design, massing and
height, awnings, and entrance door features;
e) the main public entrance located at the corner; and
f) landscaping, street furniture and where appropriate, public art
elements to complement the intersection and the building design.
13
Table 5A-1
Prominent Intersections
Courtice Newcastle
Durham Hwy. 2 and Townline Road King Ave. West and Baldwin Street/North Street
Durham Hwy. 2 and Trulls Road Kin Ave. East/King Ave. West and Mill Street
Bloor Street and Townline Road Durham Hwy. 2 and Brookhouse Drive/Arthur Street
Bloor Street and Trulls Road Durham Hwv. 2 /King Ave. West and Rudell Road
Bloor Street and Courtice Road
Bowmanville
Durham Hwy. 2 and Boswell Drive Libert y Street and Baseline Road
Durham Hwv. 2 and Martin Road/Durham Baseline Road and Durham Regional Road 57
Regional Road 57
King Street West and Scuqoq Street Longworth Avenue and Liberty Street
King Street East/King Street West and Longworth Avenue and Scuqoq Street
Temperance Street
—King Street East and Libert y Street Durham Hwy. 2 and Bennett Road
Durham Hwy. 2 and Lambs Road
5A.4.7 Signage
Signage is recognized as an integral component of good community
design and image. Signage shall:
a) be designed and scaled to complement the built urban form and
character and will not dominate the streetscape;
b) be incorporated into the building wherever possible;
c) not unduly detract from the overall visual attractiveness of the built
environment; and
d) contribute to promote the image of special character areas such as
historic downtowns.
5A.5 SUSTAINABLE DESIGN
Clarington will seek to become a more sustainable community that
minimizes the consumption of energy and resources and lessons the
impacts of residents on the natural environment. To this end, the
Municipality will:
a) promote energy efficiency and conservation corporately and in new
development;
b) promote mixed land uses at higher densities to efficiently utilize existing
infrastructure;
14
c) promote the integration of transit into the early stages of new
development; and
d) implement green development standards incorporating energy
efficiency, water conservation, enhanced indoor air quality, use of non-
toxic and recycled content building products, renewable energy
sources, green roofs, landscaping and tree planting programs and low
energy appliances.
5A.6 IMPLEMENTATION
5A.6.1 Urban design policies will be further elaborated through:
a) urban design policies in other sections of the Official Plan;
b) urban design policies in Secondary Plans;
c) urban design guidelines adopted in relation to Secondary Plans;
d) urban design briefs and guidelines on specific topics/sites (i.e.
landscape, lighting);
e) the zoning by-law (site and building performance standards); and
f) the sign by-law, as amended.
5A.6.2 Urban Design policies have equal value to land use policies and an o�ther
policy in this plan. Both land use and urban design policies must be
considered in the interpretation of the context of the site and building.
5A.6.3 The policies contained in this chapter are intended to provide guidance for
all types of development. For specific design requirements for residential,
commercial and industrial developments refer to:
a) Chapter 9 Residential Neighbourhoods;
b) Chapter 10 Town and Village Centres; and
c) Chapter 11 Employment Areas.
t) Existing subsection 8.1.1 Goal is hereby amended as follows:
8.1.1 To promote a culture of conservation that will support cultural
achievements, foster civic pride, strengthen the local economy and
enhance the quality of life for Clarington residents in the conservation
pr°°°^tatien, restoration and utilization of the Municipality's cultural
heritage resources.
u) Existing subsection 8.2.1 is hereby amended as follows:
8.2.1 To encourage the conservation, protection and maintenance of tee
and e cultural heritage resources including:
15
• structures, sites and streetscapes of cultural, historic and/or
architectural significance
• significant archaeological and historic resources
• significant landscapes, vistas and ridge-lines
V) Existing subsection 8.3.1 is hereby amended by as follows:
8.3.1 The Municipality, with the advice and assistance of the Clarington
Heritage Committee (CHC) " shall:
a) prepare and maintain a list an invente of cultural heritage resources;
b) add properties of cultural heritage value or interest to the Municipal
Register as appropriate s upport the nnnseNatinn of heritage rese irnoc
14-ste l in said inVeRtE)ni•
e
c) designate any such cultural heritage resource pursuant to the Ontario
Heritage Act;
d) identify and consider designation of cultural heritage landscapes c,
portions thereof identified in Section 8.3.6; identify er designate a
DiStFiGt er heritage zene, in an GGFdanGe with Se F , giving
e) assist property owners in obtaining funding for cultural heritage
resource conservation projects; and
GensideT the Genservat+en , nip of r-°eseurGes n— naeeleggTGaI value
pursuant te the Ontario Heritage e and
ff) undertake the periodic review of the Clarington Heritage Committee's
structure and mandate.
w) Existing subsection 8.3.2 is hereby amended as follows:
8.3.2 Where a cultural heritage resource otri Gti ire OF dictrint is designated under
the Ontario Heritage Act or a St ,ti is recognized on the cultural
heritage resources list, the Municipality w44 shall:
a) allow alterations, renovations, additions or repairs provided the
proposed changes are compatible and consistent with the building and
the surrounding area in terms of building materials, colour, height,
scale and design including windows, doors and roof lines;
b) discourage the demolition or the inappropriate alteration of a cultural
heritage resource;
c) require infill buildings to be compatible and consistent with the
surrounding buildings and streetscape in terms of building materials,
height, width, scale, colour, setback and design including windows,
doors and roof lines;
16
d) prepare urban design guidelines governing the alteration, development
or redevelopment of districts or neighbourhoods; a44d
e) consider the conservation of cultural heritage resources &UGh
ctrUntUres and lan dsGapeC in the placement or modification to
infrastructure.
X) Existing subsection 8.3.3 is hereby amended as follows:
8.3.3 Wherever possible, built heritage resources GtFHG+Fe: should be retained
for the original use and in their original location. Where the original uses
cannot be maintained, the adaptive reuse of built heritage resources
+E;t,r lea will be supported. If no other alternative exists for maintaining
structures in their original location, consideration may be given fGF to the
relocation of the structure.
Y) Existing subsection 8.3.4 is hereby deleted and replaced with a new subsection
8.3.4, as follows:
"8.3.4 Development and site alteration may be permitted on lands adjacent to a
protected heritage resource where the proposed development and site
alteration has been evaluated through a Cultural Heritage Resource
Impact Assessment and it has been demonstrated that the heritage
attributes of the protected heritage property will be conserved. Mitigative
measures and/or alternative-development approaches may be required in
order to conserve the heritage attributes of the protected heritage property
affected by the adjacent development or site alteration."
Z) Existing subsection 8.3.5 is hereby amended as follows:
8.3.5 In achieving its cultural heritage objectives, the Municipality vA4-shall:
a) promote public awareness and appreciation of cultural heritage
resources;
b) encourage the private sector to support the conservation of cultural
heritage resources;
c) support and promote the Clarington Museums and Archives
d) restore, rehabilitate, enhance and maintain Municipally-owned cultural
heritage resources properties;
e) amend the Demolition Control By law to implement the Dolinie of this
Plan with respeGt to heFitage otrUnti gyres encourage the salvage of
architectural features and the documentation of the cultural heritage
resource in the event that demolition is inevitable; and
f) consider, in co-operation with the development industry, the
development of a heritage subdivision to accommodate the relocation
17
of heritage structures which cannot be incorporated into new
developments.
aa) Existing subsection 8.3.6 is deleted in its entirety and replaced with the following:
"8.3.6 The Municipality has identified the following cultural heritage landscapes
of importance which have been or may be considered for heritage
conservation districts:
a) Beech Avenue Heritage Conservation District, Bowmanville;
b) Heritage downtowns of Bowmanville, Newcastle and Orono;
c) Old Bowmanville (North Ward
d) Old Bowmanville(South Ward);
e) Old Newcastle Village (Highway 401 to downtown);
f) Old Newcastle Village (downtown to CPR
g) Camp 30 - Boys Training School, Bowmanville; and
h) Hamlets of Enniskillen, Hampton, Newtonville and Tyrone"
bb) Existing subsection 8.3.7 is hereby deleted and the subsequent subsections are
renumbered accordingly.
8.3.7 The Mun'Gipality will undeFtake a study to identify s�gnh�Gant ,
vistas and ridge lines but in the int°rim Feq sir° development proponents to
c�--r�urn-i-rrrc-mrc�T-rTrcq-cfrr�crcv development rrc-P-vpv��cn-r•.r���
identify si soh areas affected by an application
cc) Existing subsection 8.3.8 is hereby amended as follows:
8.3.8 Where development will cause an impact to archaeological resources or
areas of archaeological potential, an archaeological assessment will take
place in accordance with provincial guidelines. Development and site
alteration shall only be permitted on lands containing archaeological
resources or areas of archaeological potential if the significant
archaeological resources have been conserved by Sign t
aFc#aeelegiGal FesetFceS that are IGGated en-the site ef aRy PPOP
development will he conserved through either preservation on-site or by
removal and documentation_, or preservation on-si+° Where significant
archaeological resources must be preserved on site, only development
and site alteration which maintains the heritage integrity of the site may be
permitted. , to satmsfaGtion of the M ini ity and the DrovinGe. The
proponent is required to consult with First Nations peoples when human
remains are discovered that are believed to be of native origin
dd) Existing subsections 9.3.4 and 9.3.5 are hereby amended as follows:
18
9.3.4 The predominant use of lands designated Urban Residential WithiR Gh
ed shall be for housing purposes. Other uses may be
permitted which by the nature of their activity, scale and design are
supportive of, compatible with and serve residential uses. These include
^per convenience stores, home-based occupation uses, parks, schools,
and community facilities. Parks, schools, and community facilities shall be
permitted in accordance with Section 18 of this Plan.
9.3.5 GGFRer.Convenience stores may be permitted in Residential areas
including the establishment of such uses on the ground floor of a multiple
unit residential building. A rezoning application shall be evaluated based
on the following criteria:
a) the store contains no more than 599 250 square metres of gross
leasable retail floor area;
b) the store provides a limited variety of items of daily necessity, or
services that serve the surrounding residents;
c) the store does not have direct access to a Type A or Type B arterial
road; and
d) parking shall be located at the side or rear of the building.
ee) Existing subsection 10.3.5 is hereby deleted in its entirety and the subsequent
subsections are renumbered accordingly.
i 0.3.5 SigRagG 16 FeGC)gnized as an integral part of gGed GeMMunity design and
imago It is mimininal PnlinY thou•
aa) the desicgn and SEalo of sinnono shall Gnvrmrrplemrr°enrt-ratheTttta t
nominate the lonidsnano'
e
b) it shall�h��nnr ac r1 as an integral spar of o building or suite layeut
whereveF possible;
G) it well nntUnrl�deton�nm everoll visual attFa �.'`' of the
uc vm- ccruEttiter�essca-v-r-
d it will be designed and IGGated sa or al net na de is for either
pedestrians er meterisfs
design peliGies and the MuniGinorf„'s Sign By law. SpeGial signage
-ments may be defined fer the hiStGFiG dGWRtGWRs and other unique
areas of the M unini'nolity
ff) Existing subsections 10.4.5 and 10.4.6 are deleted in their entirety.
10.4.5 Tewn and Village Centres shall be develeped in onnnrdanoo with the
c� .`"'hF''ccr-rr-rcrri�vraai7cc-vvTCrr-cT-rc
19
a\ a grid system of streets and walkways shall be in^orporated to fulfil
vehi^i filar and pedestrian Fern uirements and to fUmotion as planes of
social interaction;
b) an integrated and diverse mix ef uses shall be planned and e
squares, pn)akettppaarrkcctes street related buildings outdoor patios
possible outdoor display and selling areas and other amenities;
d) the pedestrian environment is paramount in all Town and Village
Gentres and will he enhanced throe ugh development which is hu roan in
aGale buildings of high architectural quality, grade level doors and
widews, ard the provision of street bernGhes awnings, podostFian_
c^ale lighting and sfreefscane amenities•
� e
e\ buildings will sted_te previde as n`enTt n ousfa^Gadde to define the
edge of the street and to previde a sense of°n^Insi ire•
{development within histnri^ down pin areas resrhould G�pplamnet
levels, aFFangeMeRt and height windows, and building materials;
GGnsod'°e attCti-ttF-the requ'Fernents Of SeGtien 19.9.3; and
h\ public safety will he enhanced in the design and siting of buildings and
publiG open spaGes te pFE)vide visibility, easy aGGeSS, multiple reutes,
IJFban design pronG;PleS will be further elabE)Fated thmugh the 61
design policy for specific Town and Village Gentres as set out in rCv°c^cciGn-r
f the Offi I Plan and SeGendary Pllaarnrj_Daye/np Tent c�hrrartll
GE)FRPIY with area SpeGifiG urban design guklehipes.
10.4.6 In TGWR eF Village GeRtFes wheFe detailed urban de "qes have
not been prepared, the urban design��^��nlees of 1 0.4.55 and the following
aTUa-r�ac-.� yy -v1—r-� ai-ra--n�' vv�-rr
site development criteria shall he implemented throe ugh the review and
for pedestrians wherever possible-
side,b) parking aFeas should be sited te the Fear 9F LAndergFound
wherever possible;
01 land Use compatibility between ^nmmer^ial residential buildings and
comma inity use shall he achieved through appropriate building siting-,
design and landscape treatment;
d\ high quality landscape treatment shall he provided with parts^UIar
regard a-a°ping parking areas visible to the street providing shad°
for pedestrians and mitigating heat island effects•
e
20
f)--lightiflg iimnpantc will be rvminirnizedd;
g) energy effioient design and orientation whinh maximizes the use of
alternative Gr renewable eReFgy SUGh as solar -and IN;Wd eReFgy and
h) refuse nnllentinn areas will he internal to buildings wherever pnssihle
the pFiRGipal building E)n the let;
i) load!Rg area and refuse nnllentinn areas hall he „nnhtr„siye
,
aaRttiGipaated noise impacts will he mitigated, the areas will he sGrreeGTnrcd�r
where neGessary and shall geRerally be lGGated at the side Or the r
of the buildg* K
i n storage is perrni#ed--
k) nnmmon yehin„lar anness and internal nirn„latinn innl„din,, sen�ine
lanes onnnentinn ah„ttinn prnnerties sheuld he prrniided Afhereyer
pass
gg) Existing subsection 10.4.7 is hereby amended as follows:
10.4.7 Drive-through facilities are not desirable in Town and Village Centres.
Drive-through facilities will be prohibited in certain areas and appropriately
regulated in other areas to minimize impacts on roads and the pedestrian
environment, to ensure compatibility with adjacent uses and to achieve the
built-form objectives of this Plan and the Secondary Plans. The fellowip'g
pnlinies shall apply to the development of drive thrn„nh facilities where
they are permitted:
a) any drive through facility must he lnr•ated np a lot s,,fficiently suer) to
rrnvay��zcrcrrrcy��c�r-�c�vca r rrrcrcrrcry-�r�ccTCV
aGG mmodate-all aGtivities assec-iated-with-the die through ilc
b) all buildings sentainin drive theughfasilitiesshall he nrionted to the
un--r�c-vr-rcrrcccr-cvrcrr�..
spares or drive aisle shall he I t n the setback area•
vpu ��urt-r��-r9Ea c rrm��ccr�aa arc-crrccz�
G) Fi
ve thFough fuGllitiesshau1lrl be SUffiG,ernr i separated from
prevetttvehicv-ies from interfering with en site anom- rea-vf site vehiGula
GOFGU!at'E)R; and
e) aRy additional policies as may he contained in Qecnndary Plans."
hh) Existing subsection 10.4 Town and Village Centres is hereby amended by adding
the following subsections:
21
10.4.9 Urban Design
10.4.9.1 Town and Village Centres shall be developed in accordance with the
following urban design goals:
a) to provide an integrated and diverse mix of uses;
b) to encourage an active street life through the provision of municipal
squares, pocket parkettes, street-related buildings, outdoor patios,
possible outdoor display and selling areas, and other amenities;
c) to develop a transit supportive environment; and
d) to establish a grid system of streets and walkways to fulfil vehicular
and pedestrian requirements and to function as places of social
interaction;
10.4.9.2 In Town or Village Centres the following urban design policies shall be
implemented through the review and approval of development
applications:
a) buildings shall be street-front oriented and provide direct street access
for pedestrians;
b) buildings shall be designed to create a pedestrian-scale environment,
and promote active and comfortable streetscapes and edges through
the inclusion of entrance elements windows articulated wall areas and
roofs;
c) building form and location shall minimize the impacts of noise, wind
and shadows and shall enhance views of landmark buildings, parks
and open space;
d) the mass and height of buildings shall be mitigated through the
stepping back of upper floors to allow for sunlight penetration on
adjacent streets and properties, and to create more pedestrian
oriented streetscapes;
e) the development of street fagades with identical building height and
blank, uninterrupted wall surfaces shall be prohibited;
f) high quality landscape treatment shall be provided with particular
regard to screening parking areas visible to the street, providing shade
for pedestrians and mitigating heat island effects;
g) common vehicular access and internal circulation including service
lanes connecting abutting properties shall be provided wherever
possible; and
h) for sites with frontages on more than one street, the public entrance
shall be oriented toward the street with the greatest pedestrian activity
or in the case of a corner site the entrance shall face the intersection."
ii) Existing subsection 10.6 Neighbourhood Centres is hereby amended as follows:
22
10.6.4 In the review of development applications, the following site devel„nmon+
and urban design eriteria olp icies will be implemented:
a) a floor space index for retail uses on any site not exceeding 0.30;
b) a maximum combined floor space index of 0.50 where there are
second storey office or residential uses;
c) with the exception of a grocery store/supermarket, a maximum of 500
square metres of gross leasable floor area for any individual store;
d) street-related building forms are preferred but as a minimum direct
pedestrian access will be provided from the street to some stores
within 4 m of the streetline;
e) compliance with con+inn 10.4.6 b) to i) applicable provisions contained
in Chapter 5A Urban Design and subsection 10.4.9.2; and
f) provision of a public square in accordance with subsections 10.6.5 and
10.6.6.
jj) Existing subsection 10.8.2 Highway Commercial Districts shall amended as
follows:
10.8.2 Highway Commercial Districts shall be developed in accordance with the
following urban design goals Finciples:
a) to promote a variety of urban forms including plazas, free-
standing stores, and mixed use buildings;
b) to create a consistent_sy--ef building setbacks from the road and a
harmonious architectural style sheuld be aGhleved;
c) to support an automobile-oriented environment is d requiring
efficient and safe traffic circulation through:
® road improvements such as turning lanes;
• consolidation of vehicular access points;
® provision of common internal traffic circulation between parcels;
and
d) to provide safe, well-defined pedestrian walkways should be-pfevided
from the street to the store entrance, and between buildings.
kk) Existing subsection 10.8.3 is hereby amended as follows:
10.8.3 In the review of development applina+ionc the urban rdesigR nrinninloc for
Highway Commercial Districts shall be developed in accordance with the
following urban design policies: in Con+inn 10.8.2 and the folleWinrr +o
development nriteria shall be imnlernented:
a) a floor space index for any development not exceeding 0.30;
i
i
I
23
b) sufficient and convenient parking with surface parking lots partially
screened through the use of effective buffer planting;
c) safe, efficient road access to the site and/or integration of traffic access
with other sites;
d) the planting of trees throughout the parking areas to reduce the urban
heat island effect;
e) the location and design of outdoor,storage and display areas to be
visually acceptable and generally screened from the road and freeway
frontage; and
f) ssMplianGe with the provisions of 10.9.4.2
II) Existing subsection 10.9.4 is hereby amended as follows:
10.9.4 Service stations will be designed in accordance with the following urban
design policies: .
a) a high quality architectural design, landscape treatment and fencing
with particular attention to corner treatment;
b) lots should be sufficiently large to accommodate the proposed uses
and provide appropriate buffers to adjacent uses;
c) access points to each site shall be limited in number and shall not
impede traffic flows. Internal access to adjacent commercial properties
shall be provided wherever possible;
d) convenience retail uses shall be sensitively designed to the context,
have high quality finishes facing the street, generally have less than
250 square metres of floor area, be sited on the street corner; and in
urban areas provide direct pedestrian access from the sidewalk;
e) ancillary drive-through facilities are prohibited in Town and Village
Centres and in all other areas will be sufficiently separated from
residential uses;
f g)fencing, landscaping and architectural treatments, and other
appropriate measures will be used to mitigate any noise impacts
identified by a noise study; and
g fi) signage shall be minimized; a-nd
i\ lighting and glare will be minimized in annnrrdanno vVith muninipal nnlinv
and appropriate read a itherity req iiromontc
mm) Existing subsection 11.3.1 is hereby amended as follows:
11.3.1 Employment Areas consist of Prestige Employment Areas, Light Industrial
Areas,af�d General Industrial Areas and Business Parks as designated on
Map A.
24
nn) Existing subsection 11.3.2 is hereby amended by adding a new section h) which
shall read as follows:
h) no auto-auction facility, auto wreckers, asphalt/ready mix facilities shall
be permitted unless they are located on a parcel of land less than 2 ha
in size.
oo) Existing subsection 11.3 is hereby amended by adding the following subsections:
11.3.3 The conversion of lands within an employment area to a non-employment
use shall only be permitted during the five-year Official Plan review, or at
any time the Municipality undertakes a comprehensive review of
employment areas.
11.3.4 Council may permit the conversion of lands within employment areas to a
non-employment use only where it has been demonstrated, to the
satisfaction of Council, that:
a) the land is not required for employment purposes over the long term;
b) there is need for the conversion;
c) there is existing or planned infrastructure to accommodate the
proposed conversion;
d) the conversion will not adversely affect the overall viability of the area
of employment; and
e) the potential impacts of the conversion have been considered on a
municipality wide scale."
pp) Subsection 11.4.1, shall be amended as follows:
11.4.1 The Business Parks designated on Map A comprise lands having prime
exposure tG freeways along Highway 401 and major arterial roads.
Development within Business Parks is intended for employment uses
exhibiting the highest standard of building design and landscaping in order
to provide an attractive appearance that reflects or takes advantage of
such high visibility.
qq) Subsection 11.5.1 is hereby amended as follows:
11.5.1 The Prestige Employment Areas designated on Map A comprise lands
having prime exposure to frays along Highway 401 or major arterial
roads. Development within this designation is intended for employment
intensive uses exhibiting a high standard of building design and
landscaping in order to provide an attractive appearance that reflects or
takes advantage of such high visibility.
25
rr) Subsection 11.5.4, is hereby amended as follows:
11.5.4 Development within Prestige Employment Areas shall be subject to a high
level of architecture, landscaping and signage control. Outside storage or
display of goods shall be strictly prohibited. The Municipality may develop
design guidelines to assist in the review of development applications
adjacent to Highway 401.
ss) Add new subsections 11.5.5 and 11.5.6 which shall read as follows:
11.5.5 Adequate parking and loading facilities shall be provided on the site.
These facilities, except for a limited amount of adjacent visitor parking,
generally shall not be located between the building(s) and arterial roads or
Highway 401 to promote a prestige appearance. Shared access and
parking among various properties is encouraged.
11.5.6 Development of the interchange lands is to be characterized by
pedestrian-friendly, high-quality, landmark built form that conveys a
Prestige employment image and definitive urban presence."
tt) Subsection 11.6.2 is hereby amended as follows:
11.6.2 The predominant use of land in the Light Industrial Areas shall be
manufacturing, assembling, processing of raw materials, fabricating,
repairing, research and development and warehousing. Certain
commercial, community and recreational uses, including banks,
restaurants, athletic clubs, banquet facilities and fraternal organizations,
are permitted provided they are limited in scale and provide services to
employees of the Employment Area. In addition, accessory office uses will
be permitted provided they are on the same lot and are related to and
ancillary to the main industrial use to a maximum of 25% of the total gross
building floor area.
uu) Subsections 11.7.2, 11.7.3 and 11.7.4 are hereby amended as follows:
11.7.2 The predominant use of land in General Industrial Areas shall be
manufacturing, assembling, processing of raw materials, fabricating,
Wig, warehousing, storage-and repair and servicing operations. In
addition, accessory office uses will be permitted provided they are on the
same lot and are related to and ancillary to the main industrial use to a
maximum of 25% of the total gross building floor area.
11.7.3 Outside storage shall generally not exceed 50% of the total gross floor
area of the building will he permitted provided that it Is properly careened
from pi olio view anll hall generally no exceed 50 of the site area and to
a maximum height of 5 metres. Outside storage shall generally be located
at the rear of the property.
26
11.7.4 T FUGk teFrni'nals, inGluding the FepaiF, steFage and sale ef m°r^ial
tronspert „°hi^l°G Transport depots shall be located within the General
Industrial Areas having direct access or close connection to an arterial
road but not occupying high visibility sites adjacent to freeways or major
entranceways to urban areas. Parking, loading and storage facilities shall
generally be located at the rear of the lot, adequately screened from
adjacent land uses, have a durable, dust-free, hard surface and suitable
stormwater management facilities.
vv) Existing Subsection 12.4.5 is hereby deleted in its entirety.
12.4.5 In the GGRGideratinn of an am endment to the Offinial Plan fnr the
the nr t en't-te-the satisfa^Gtien of the uniGinaIit i and the
Fri ��
Region of D urham in pons iltatinn with nth° to provide th°
fe I lew+ng.
a) an-rannallysi.rvn-fr the hydregeolegiGal regime in the arena to determine
the availability and quality of grGundwater en a lGng term basis;
b) an assessment of se��(��ateMativas�crGh °�ru-rrruniGinnl and
s� ai-r--a��cvc�r-rr " ��`J `^. , cr�arurrcr
GGRIM anal seWio°c innli Jinn resear^h into the feasibility-of
^onn°^tinn evi Ling rleVeInnm°nt to S i^h systems;
G) an assessment ef the 1E)Rg term suitability of the GGRI GE)nditiens fe
tee#eet+ve-epeFattien of private sewage d isrp a lsy t erns,-here
an nvestigatien has dernonstrated-that private -vide the
nntimal seWi^iRg alt ernativ e;
d) ill-assessme,,nt Gf surfan° drainage ; „� }1'
°earns-'ira°entif Ga ien ^rr'of any eXiSting re.rtFiGCttins to future development;
an invent��f GUItUral heWair r-eseurGes and on assessment
hE)w new greyAh will be oomnl°m°ntary to, and ^nnsistent with, the
h'StGFiG GharaGter of the area;
g7 -ei� Giro rrvRrmrreptalziRVeRt$r y r-'� ar d assessment of the imnac of n°e
r
h) systems;
an o � MI
f seFV!Gm g alteMativesah as GOM
sys nul
tems ,,
man assessmer t Gf the v
*r rpunt ncc n agFiGUItural Iands and tip
i)oth°r in�fn)rmTa be deerned-neessary by the nAUni" i
er the Reg inn of D irham I `^ !
ww) Existing subsection 14.43 is hereby amended as follows:
14.4.3 With the exception of lands designated Environmental Protection Area
within the Oak Ridges Moraine, all other lands designated Environmental
Protection Area shall include a setback for development to be determined
in consultation with the Conservation Authority and the Province. In the
case of a stream valley, the setback shall be determined from the top-of-
27
bank and shall be based on a stable slope and the sensitivity of the
stream valley. The setback for all other natural heritage features
designated as Environmental Protection Area shall be determined based
on the sensitivity of the specific natural heritage feature. In no case would
the setback be less than 5 metres in width. In the case of new plans of
subdivision or consents, lot lines shall not extend beyond the established
setback. The limits of the Environmental Protection Area within the Oak
Ridges Moraine area may be verified through the preparation of a Natural
Heritage Evaluation or Hydrological Evaluation_ OR aGGeFdaRGe with
Cantina A it 40 and 4 it Al of this Dlon
xx) Existing subsection 15.3.6 is hereby amended as follows:
15.3.6 An application to amend this Plan to permit a new Aggregate Extraction
Area or to expand an existing Aggregate Extraction Area shall be
supported by an Aggregate Extraction Area Study prepared by the
applicant. The Terms of Reference for the study shall address the matters
set out in Seotien 15.E Q Appendix "A" unless, as a result of consultation
by the applicant with the Municipality, the matters which are required to be
addressed in this particular study are scoped by the Municipality.
Wherever reasonably practicable, the Study required by this Plan will be
GO ordinated coordinated with the study requirements of other agencies,
including the Province and the Region.
yy) Existing subsection 15.3.7 is hereby amended as follows:
15.3.7 The Municipality shall prepare guidelines for the assistance of applicants
in the preparation of the Aggregate Extraction Area Study. Among other
matters, the guidelines shall elaborate the requirements of for SeG lens
15.3.8, 15.3.9 and 15.3.10 respeGtiRg the preparation of terms of
reference for the content of an Aggregate Extraction Area Study.
Applicants who submit a study that satisfactorily addresses the
requirements of an Aggregate Extraction Area Study of SeGtieR 15. .
shall not be subject to the requirements of an Environmental Impact
Study, a Hydrological Evaluation, or a Natural Heritage Evaluation Seofien
4.4.35, 4.4.36 and 4.4.39, and, eXGept as p1revided fGF OR SeGtiGR . ,
4.4.40 E)f this PlaR.
zz) Existing subsection 15.3.8 is deleted in its entirety and the subsequent
subsections are renumbered accordingly:
Aggregate Entci aGtien Area Study under-taken by-a qualified vensltant.
The purpose of the Door Review will be to ensure that the Study satisfies
the peliGies of this Plan and Gan be Felied UPOR by the MURiGipality !R the
28
the Peer Review, the MuniGipality will eRGE)6IFage the appliGant te pay the
GE)Sts of the Peer Review whioh oasts shall be reasonable
,
aaa) Existing subsection 15.3.9 is deleted in its entirety and the subsequent
subsections are renumbered accordingly.
i 5.3.9 An Aggregate ExtraGtiOR Area Study shall address the fellewing�
existing landform featuFes all natural heritage features on and,
arohaeelogieal roseNroev, existing w nu plw n„ned ,land uvvv ad Juvent to
the development site and alonry propeserd haul route and existing
iIiGeRSed pits and extraGtiOR limits, and ahandnne-qitG_
b) a rdesoription of the proleot inol„rding antivities whioh may prord„o
x� .+.+� �.+��.+�� .+� the l..i vwv�, ���vitiuu�y uvu v uvv ry�� v�, may,u�r d✓,vu uvv
impaGts, and the antiGipated quality and quantity ef aggregate te be
evt rc�ccra Gte d;
,
G) an extFaE)
` )afl ideRtift F Ca}ien an d assesJMeR} o;
the ass iron ntn
- .Jac-late -#-fie
the ohieotives of any area wide rehahilitatier plan•
,
g) the oriteriM of Sentiwnn - .4.An of this Plan for upplii,oatiionv Iiovuteu within
the Natural Linkage /1 rea as identified on Map 4•
,
h) the matters set out in SeE and 1 F 3 1 1 to 1 F 3 1 4
innlusiye•
i) the matters set out in eoti aR d
-rr-S�.Rey-�.�-4.4-�,�
j) any other matters deemed ReGessary by the MunlGipality er the Reg'
to address the applicable policies of this Plan
bbb) Existing subsection 16.8.4 is hereby amended as follows:
SPECIAL POLICY AREA F
16.8.4 The applicable urban design goals of Section 10.4.9.2 and urban design
policies of Section 10.4.9.3 nrrii iG-'rpieeS Of SeeGtien 10.3.2 and the site
development Criteria of Sect+en-a 0.3.7 apply to Special Policy Area F.
29
ccc) Existing subsections 16.8.4 and 16.12.2 are hereby amended as follows:
16.8.4 The applicable urban design principles goals of Section 10.3.2 10.4.9.1,
the urban design policies of Section 10.4.9.2 and the site development
criteria of Section 10.3.7 apply to Special Policy Area F.
16.12.2 The implementing Zoning By-law shall allow as permitted uses,
reforestation, conservation and a single 2500 square metre fur garment
manufacturing facility, in a single building, to be used for the design,
production and sale of fur garments. Accessory buildings and structures
shall be permitted in accordance with the Comprehensive Zoning By-law,
provided that no single accessory building or structure shall be larger than
100 square metres in size.
A change in use from fur garment manufacturing to another single prestige
employment use may be permitted, but shall require an amendment to this
Official Plan and an amendment to the Comprehensive Zoning By-law,
and may require at the request of the relevant authorities, the submission
of one or more of the following to the authorities for approval:
a) an analysis of the hydrogeological impacts
b) an assessment of the impact on surface drainage
c) a traffic impact analysis
cl- an-environmental impact study; as set e t in SeGbGR 4.4.35 of this DlaR
e) a stormwater management plan
f) a servicing study
g) studies with respect to impacts of noise, dust or odour, and
h) other information as maybe deemed necessary by the Municipality of
Clarington and/or.the Regional Municipality of Durham
ddd) Existing subsection 17.2.2 is hereby amended as follows:
17.2.2 Notwithstanding the above, the 6.4 hectare parcel of land at the south-
east corner of King Street and Trulls Road (identified under Assessment
Roll # 18-17-010-050-22700-0000) may be permitted to develop up to a
maximum of 13,900 square metres of gross leasable floor space for retail
uses prior to the completion and approval of a secondary plan provided:
a) the proposal conforms to the urban design goals PFiRGiPleG of Section
10.4.9.1 10.3.2 and urban design policies site development nriteria of
Sections 10.3.7 10.4.9.2; and
b) the Municipality has completed and adopted an urban design plan for
the Courtice Town Centre which addresses the distribution and
integration of land uses, the siting and massing of buildings, the
pedestrian environment, traffic circulation including the location of
public or private streets, public transit and parking.
30
eee) Existing subsection 22.3.1 is hereby amended as follows:
22.3.1 Community Improvement Project Areas and Subareas are shown on Map
I of this Plan. It is the intent of the Municipality to prepare community
improvement nrrviec plans for each of the Community Improvement
Project Areas, or parts thereof. These plans shall serve as the basis for
community improvement works.
fff) Existing subsection 22.3.2 is deleted in its entirety and replaced with the
following:
22.3.2 The'Community mprGvement rroas and Subareas are prinritizedas
fel lewws:
Fire Dridrity SeGend Priority Third Priority
Bewmanville Subarea E34 Bewrnanville Subarea R7 B irketen
�urrtczvrr
BowmaRVille Subarea B5 AeWG Vill Subarea N2
. Bewmanville SubaFea B6 HamptGR FaRRiskol
nn .
NovrFnniillo
"22.3.2 The Community Improvement Project Areas and Subareas are prioritized
as follows:
Corn pleted First Priority
Bowmanville B2 Bowmanville B6
Newcastle N1 Bowmanville B7
Orono Courtice C1
Courtice C2
Second Priority Third Priority
Bowmanville B3 Bowmanville B1
Bowmanville B4 Newcastle N2
Bowmanville B5 Hampton
Mitchell Corner's
Newtonville"
31
ggg) Existing subsection 22.3.3 is hereby amended as follows:
22.3.3 Section 22.3.2 is to be used only as a guide in the preparation of
community improvement prejeet plans. Program choices, financial
constraints, on-site project necessities, and funding criteria may change
the priorities. The Municipality may revise its priorities without the
necessity of an amendment to this Plan.
hhh) Existing subsection 22.3.4 is hereby amended as follows:
22.3.4 The community improvement prejeG plans will be implemented by means
of powers conferred upon Council under the Planning Act, the Municipal
Act, and other applicable statutes including:
a) municipal and private sector participation in available Federal,
Provincial and Regional programs;
b) the acquisition, improvement and disposal of land and buildings;
c) agreements with any government authority or agency for the
preparation of studies, plans and programs;
d) the integration of community improvement projects with the ongoing
maintenance and improvements of municipal infrastructure and
programs;
e) using the p—..ions of the I Goal improvement An+ 4o upgrade
rn inininol Boni. ,es where apprepriate,
e
g� encouraging public participation in the preparation of community
improvement project plans;
fg) encouraging infilling, redevelopment and other land use intensification
activities;
g.14)supporting the preservation of historic or architecturally significant
buildings and the use of funding programs under the Ontario Heritage
Act; and
hi) supporting local service clubs and other organizations in the
development of recreational and other facilities and services."
iii) Existing subsection 22.3.5 is hereby amended as follows:
22.3.5 The Municipality will consult with the Region of Durham when community
improvement projes plans are being prepared to ensure the co-ordination
of improvements to sewer, water and other Regional services with
municipal improvements. The Municipality will ebtain the oonourrenoo of
consult with the Region prior to the approval of any community
improvement PFGjeG plan.
jjj) Existing subsection 23.1.2 is hereby deleted in its entirety and the subsequent
subsections renumbered accordingly.
32
23.1.2 The MURiGipality will develop, in Go operation with the Health
'Gem'rrmwR*tiess e,
Committee,, aa series f key "qua try of life" inydicatrnTto
measure progress Gh*& ;-- a c� -tainahl® healthy nnmmi inity
f ,"y ';V `^ ---
�r�rc,Trccrrcr-r���rn�ra'rrrc�
kkk) Existing subsection 23.1.4 is hereby amended as follows:
23.1.4 The Official Plan shall be reviewed every five years as required by the
Planning Act to ensure that it conforms
with Provincial Plans, has regard to matters of Provincial interest, is
consistent with the Provincial Policy Statement, and continues to embody
the policies of Council, enhancing the achievement of
the principles, goals and objectives of this Plan.
III) Existing subsection 23.1.5 is hereby amended as follows:
23.1.5 Prior to revising the Official Plan under section 23.1.3, Council shall hold a
special meeting of Council, open to the public, to discuss the revisions that
may be required in accordance with the provisions of the Planning Act.
publiG mooting at load enGe every 5 yearn to Gonsiyder the need for a
Gomplete review of the Official Plan or significant Gomponents of it
mmm) Existing subsection 23.2.2 is hereby amended as follows: .
23.2.2 In order to provide ample opportunity for the public to review and discuss
the proposed Plans, By-laws or amendments, notification of any statutory
public meeting as required under Section 23.2.1 shall be given at least 18
consecutive days prior to the date of the public meeting and will be given
either in accordance with the Planning Act.
a) pi bliGation in a newspaper that is, the Clerk's opinion, si iffinientli
general GirGulatiGR in the area to wh!Gh the proposal would apply;
r e
alltGt
b) personal serVice or pre paid first Glans mail to every owner, ncGi ipant
or teRaRt of Iand !R the area and Within 120 metFes of the are fA_ Whir--h
the proposal would apply at the address as shown on the last revised
assessment f the uni ality. Where the Clerk has r yed
e•rL-��-rc-vrcr-n-rra�-�-eEe}�rccr
written Reti% of a GhaRge of Ownership or GGGHpanGy of , RGtiGe
shall he given to the ne���n�i��n,�.,ey„ner. or nnGUpant as the Gase may he at the
addresJa�et OUt OR-theW-ttteR RGtiG
G) personal service or prepaid first Glass mail to every person and agency
that has given the Clerk a written request for SUGh RGtiGe in respeGt Of
the preposeyJ Dlap By law and/or amendments thereto p1
33
nnn) Existing Subsection 23.2.4 is amended as follows:
23.2.4 Council may initiate amendments to this Plan in response to significant
changes to the planning and development environment in the Municipality
and, in particular:
a) as a result of the 5 year review set out in Section 2-3.1.5 23.1 A,-
b) to implement the strategic policies set out in Part II of this Plan;
c) in response to new Provincial Legislation, Provincial Policy Statements
or Guidelines; and
d) due to changes to the Durham Regional Official Plan.
000) Existing subsection 23.5.4 is hereby amended as follows:
23.5.4 Notwithstanding 23.5.3 within the Oak Ridges Moraine, the expansion of
an existing building or structure on the same lot or expansion of an
existing institutional use or the conversion of an existing use to a similar
use that legally existed on November 15, 2001, may only be considered if:
a) the applicant demonstrates that the criteria of Section 23.5.3 can be
satisfied;
b) there will be no change in use; and
c) the applicant demonstrates ;n-acGGrdanGe wi eEt+e^ 4,, -� 4.3° of this
P4a-n; that the expansion will not adversely affect the ecological
integrity of the Oak Ridges Moraine.
ppp) Existing section 23.6 Subdivision and Condominium Approval is hereby amended
by amending subsection 23.6.2 and by adding new subsections 23.6.5 through
23.6.7 as follows:
23.6.2 Where a plan of subdivision has been granted approval prior to the
approval of this Plan by the Region, it is not the intention of the
Municipality to apply the policies of this Plan retroactively. However, in the
event of major revisions, or if the approval of a draft plan of subdivision
lapses, the entire plan of subdivision will be subject to review and the
growth management objectives of this Plan and the Region of Durham
Official Plan of this Plan shall apply. shall be considered as a
key component of the development review process.
"23.6.5 If a plan of subdivision or part thereof has been registered for eight Vears
or more, and building permits have not been issued, Council may use
its authority under Section 50(4) of the Planning Act to deem it not be
a registered plan of subdivision.
23.6.6 Council shall require that approvals of draft plans of subdivisions include a
lapsing date in accordance with Section 51(32) of the Planning Act.
34
23.6.7 Common element condominiums and vacant land condominiums shall not
be permitted if the Municipality requires public ownership of the lands for
pedestrian or vehicular access to create local road connections to existing
developed or undeveloped land."
qqq) Existing subsection 23.8.1 is hereby amended as follows
23.8.1 All development shall be subject to site plan control, with the following
exceptions:
a) any building or structure within a public park; aRy building nr ctFLIGtUre
veSeWatttti-i Authority,it the gey rnme V RtaF�'r� yercrr'mr°eR
of Canada, y
b) any structure erected for the purpose of flood or erosion control;
c) any permitted agricultural building or structure;
d) any temporary structure as defined by the Ontario Building Code;
e) a residential building containing less than 3 dwelling units;
f) alterations to buildings or structures which do not alter the nature of the
existing use;
g) aggregate extraction activities which do not include permanent
buildings or structures; aR4
h) any expansion or enlargement of a building or structure that is less
than 20 square metres or less than 10% of the total floor area of the
building, whichever is less; and
) the placement of a portable classroom on a school site of a district
school board if the school site was in existence on January 1, 2007.
rrr) Existing Subsection 23.8.2 is hereby amended as follows:
"23.8.2 As part of a submission for site plan approval, the Municipality requires
that the proponent demonstrate how the proposed design and the
organization of the site and buildings will:
a) implements the urban design policies of the Official Plan and any
relevant Secondary Plans;
b) in Town and Village Centres and in Residential Neighbourhoods,
contributes to compact, urban and pedestrian-oriented form and
function that enhances pedestrian and transit accessibility;
c) safely addresses vehicular traffic impacts;
d) implements sustainable development objectives including protection
of the natural heritage system, energy efficiency, minimizing light
35
pollution and water consumption, stormwater management controls,
tree planting and other enhancements to the natural environment;
e) protects, enhances or restores the Municipality's b4i-Et cultural
heritage resources;
f) demonstrates the relationship of the proposed building to adjacent
buildings, streets and exterior areas to which members of the public
have access;-integFates with surrn„nrding ultimate land uses and
,
e#eGts;
g) provides landscaped areas and urban amenities consistent with the
context of the planned land uses and the Municipality's landscaping,
urban design and amenity requirements;
h) makes appropriate provision for sequential staging of services
including the construction of infrastructure to service the site; and
) provide facilities designed for accessibility for persons with
disabilities; and
j +) implements any other relevant policies of this Plan.
sss Existing Subsection 23.8.3 is deleted in its entirety
23.8.3 The MuniGipality will require the GWRer of IaRGIG proposed fer developmen
under site plan rentF(Dl, te eRteF !Rte GRe E)r more agFeemeRtS pursuaRt tG
the'Planning ant to address all matters nentaiRe 1 therein innL,rlinn
ttt) Existing Section 23.8 Site Plan Control is amended b adding the following
subsections:
"23.8.3 To achieve the intent of 23.8.2, the Municipality, shall as part of the site
plan approval:
a) Consider matters related to exterior design, including without
limitation the character, scale, materials, colours and design
features of all building exteriors, exterior signage and lighting; and
b) Require the inclusion of sustainable design elements on any
adjoining right of way under the Municipality's jurisdiction, including
without limitation trees, shrubs, hedges, plantings or other ground
cover, permeable paving materials, street furniture, curb ramps,
waste and recycling containers and bicycle parking facilities.
23.8.4 As a condition of the approval of the plans and/or drawings required in this
Section, the Municipality may require the owner of the land to:
i
36
a) Provide and maintain, to the satisfaction of and at no expense or risk to
the Municipality, the facilities, works or matters set out in Section 41(7)
(a and b) of the Planning Act;
b) Enter into one or more agreement(s) to ensure that development
proceeds in accordance with the approved plans and drawings as
required as set out in Section 41 (7)."
uuu) Existing Section 23.11.3 is hereby deleted in its entirety.
23 1 1 3 The Gernmunity Park site shown on Map A2 se ith of Rleer Street on the
east side of PrestGRyale Read shall endure for a period of 15 years from
the date of annreyal of this noliov of the Offinial Plan If the site has not
been aGquired fOr GOMMURity Park purpE)ses within this peried, the sit
shall he deemed to he designated "1 Irhan Residential" and may he
developed in annorrlanoe with the nnlinies for that designation
vvv) Existing Section 23.14 Exceptions is hereby amended by renumbering it to
Section 23.16, and by renumbering the subsections of the new Section 23.16
accordingly.
www) Existing Section 23 Implementation is hereby amended by adding a new
subsection 23.14 Community Benefits,'as follows:
"23.14 COMMUNITY BENEFITS
23.14.1 In accordance with the Planning Act, within designated Village or Town
Centres, Council may in a Zoning By-law authorize increases in the height
and/or density of development for a site specific development proposal
beyond that permitted in the Zoning By-law, in return for the provision of
such facilities, services, or matters that include a significant public benefit
in accordance with the Community Benefits section of the implementing
Zoning By-law.
23.14.2 Increases in height and/or density may be considered in order to obtain
the following community benefits:
a) the preservation of cultural heritage resources;
b) the provision of maior cultural or arts facilities;
c) the provision of public squares, arcades and walkways within the
development otherwise not required by the policies of this Plan that
have functional benefits;
d) the provision of assisted or special needs housing;
e) the provision of daycare facilities;
f) the provision of community facilities; and
g) any other public benefit deemed suitable by Council.
37
23.14.3 Council may also consider a Community Benefits by-law outside of Village
or Town Centres for the protection of cultural heritage resources and/or
natural features beyond the parklands dedication requirements of the
Planning Act, in accordance with the Community Benefits section of the
implementing Zoning By-law.
23.14.4 The use of Community Benefits zoning shall be carefully controlled, and
shall only be undertaken after a thorough site-specific Community Benefits
study:
23.14.5 The site-specific Community Benefits study referred to in subsection
23.14.4 shall assess the extent of the permitted height and/or density
bonuses that shall be established based on:
a) the proposed development's compatibility with existing adjacent
development;
b) the extent to which the proposed development is consistent with the
stated goals and objectives of the Municipality;
c) conformity to the general intent of the relevant land use designation of
this Plan; and
d) the adequacy and impact of infrastructure and community services.
23.14.6 When considering Community Benefits, and allowing the provisions of
benefits off-site, the positive impacts of the exchange should benefit the
surrounding areas experiencing the increased height and/or density.
23.14.7 The Community Benefits Zoning By-law shall set out areas where the
height and/or density of development would be permitted to increase, as
well as the extent of the height and/or density bonus.
23.14.8 As a condition of the Community Benefits Zoning By-law, the Municipality
will require the proponent to enter into one or more agreements registered
against the lands to which it applies, and dealing with the provision and
timing of facilities, services or matters that are to be provided, and the
height and/or density bonus to be given."
xxx) Section 23 is hereby amended by adding a new section 23.15 Preconsultation
and Complete Applications as follows:
3.15 PRECONSULTATION AND COMPLETE APPLICATIONS
23.15.1 The Planning Act permits Council to require an applicant to pre-consult
with the Municipality prior to submitting an application and to require an
applicant to provide, at the time of the application submission, any
information determined as necessary to properly assess the application.
The purpose of the following Pre-Consultation and Complete Application
38
policies is to outline what is required for a particular application and to
ensure that applications are comprehensive and can be processed
expeditiously:
a. Prior to the submission of a complete application for an Official Plan
Amendment, Zoning By-Law Amendment, Draft Plan of Subdivision,
Draft Plan of Condominium, or Site Plan the applicant shall consult
with the Municipality in accordance with this Plan and the Municipality's
Pre-consultation By-Law.
b. Pre-consultation meetings shall be held with the Municipality and any
other external agency as deemed appropriate by the Municipality.
c. Studies, reports and information outlined as necessary for the proper
evaluation of a complete application will be determined by the
Municipality in consultation with external agencies as deemed
necessary by the Municipality.
d. In addition to the studies, reports and information specified during the
Pre-consultation process, the applicant shall be required to submit any
other studies and reports relevant and necessary to the evaluation of
the particular applications as deemed appropriate by the Municipality
consultation with the applicant, and any other external agency during
the application review process or peer review process.
e. All studies, reports and information specified shall be prepared in
accordance with any standards or specifications applicable within the
Municipality or the Region, and may, at the Municipality's discretion,
require a peer review by a qualified consultant retained by the
Municipality at the applicant's expense. General descriptions of
studies, reports and information that may be required are outlined in
Appendix A which may be modified without amendment to this Plan.
23.15.6 In addition to the prescribed information required by the Planning Act, and
the other information outlined in Section 23 of this Plan, the Municipality
may, through the Pre-consultation Meeting, identify other planning
applications that are required to be submitted concurrently, to ensure that
Council and its delegated approval authorities can properly evaluate the
applications and make consistent and appropriate decisions."
yyy) In the existing sections listed below, the references to sections of the Official
Plan shall be amended as follows:
In existing Sections 4.4.9 and 4.4.37 the reference to Section 4.4.40 shall be
changed to Section 4.4.41;
In existing Sections 4.4.9, the reference to Section 4.4.41 shall be changed to
Section 4.4.42; and
39
In existing subsection 23.2.4 a), the reference to Section 23.1.5 shall be changed
to Section 23.1.4.
zzz) Existing Section 24.14 Interpretation is hereby amended as follows (only revised
or new definitions are indicated:
24.14 The definitions of terms contained in this Plan are as follows:
Archaeological Resource: means the remains of any building, structure,
activity, place, cultural feature or object which, because of the passage of
time, is on or below the surface of land or water, and is of significance to
the understanding of the history of a people or place. The identification
and evaluation of such resources are based upon archaeological fieldwork
undertaken in accordance with the Ontario Heritage Act.
"Areas of Archaeological Potential: means areas with the likelihood to
contain archaeological resources. Archaeological potential is confirmed
through archaeological fieldwork undertaken in accordance with the
Ontario Heritage Act.
Auto Auction Facility: means a building, structure or lands used for the
storage of used vehicles which are to be sold on the premises by public
auction, and for the sale of the said vehicles by public auction on an
occasional basis.
Auto Wrecker/Auto Dismantler/Recycler: means a building, structure or
lands uses for the storage of used vehicles which are to be dismantled on
the premises and for the sale of parts of the said vehicles on site.
Built Heritage Resources: means one or more significant buildings,
structures monuments installations or remains associated with
architectural, cultural, social, political, economic or military history
identified as being important to a community. These resources maybe
identified through designation or heritage conservation easement under
the Ontario Heritage Act, or listed by local, provincial or federal
jurisdictions.
Community Infrastructure: refers to lands, buildings, and structures that
support the quality of life for people and communities by providing public
services for health, education, recreation, socio-cultural activities, security
and safety, and affordable housing.
Comprehensive Review: means
a) an official plan review which is initiated by Council, or an official
plan amendment which is initiated or adopted by Council, which:
i. is based on a review of population and growth projections
and which reflect projections and allocations by Durham
Region and provincial plans, where applicable; considers
40
alternative directions for growth; and determines how
best to accommodate this growth while protecting
provincial interests;
ii. utilizes opportunities to accommodate projected growth
through intensification and redevelopment;
iii. is integrated with planning for infrastructure and public
service facilities; and
iv. considers cross-jurisdictional issues; or
b) a review undertaken by Council or comparable body which:
i. addresses long-term population projections,
infrastructure requirements and related matters; and
ii. considers cross-jurisdictional issues.
Conserved: means the identification, protection, use and/or management
of cultural heritage and archaeological resources in such a way that their
heritage values, attributes and integrity are retained. This may be
addressed through a conservation plan or heritage impact assessment.
Conversion of Employment Lands: means redesignation from
employment area to another urban designation, or the introduction of a
use that is otherwise not permitted in the employment areas designation.
Cultural Heritage Landscape: means a defined geographical area of
heritage significance which has been modified by human activities and is
valued by a community. It involves a grouping(s) of individual heritage
features such as structures, spaces, archaeological sites and natural
elements, which together form a significant type of heritage form,
distinctive from that of its constituent elements or parts. Examples may
include, but are not limited to, heritage conservation districts designated
under the Ontario Heritage Act and villages, parks, gardens, battlefields,
mainstreets and neighbourhoods, cemeteries, trailways and industrial
complexes of cultural heritage value.
Cultural Heritage Resource: means man-made or natural features,
including structures, objects, neighbourhoods, landscapes and
archaeological sites that have been identified as significant by the local
municipality or the province for being meaningful components of a
community's cultural heritage or identity.
Employment Area: means those areas designated for clusters of
business and economic activities including, but not limited to,
manufacturing, warehousing, offices, and associated retail and ancillary
facilities.
Heritage Attributes: means the principal features, characteristics,
context and appearance that contribute to the cultural heritage
significance of a protected heritage property.
41
Protected Heritage Property: means real property designated under
Parts IV, V or VI of the Ontario Heritage Act, heritage conservation
easement property under Parts II or IV of the Ontario Heritage Act, and
property that is the subject of a covenant or agreement between the owner
of a_property and a conservation body or level of government, registered
on title and executed with the primary purpose of preserving, conserving
and maintaining a cultural heritage feature or resource, or preventing its
destruction, demolition or loss.
Provincial Plan: means a plan approved by the Lieutenant Governor in
Council or the Minister of Municipal Affairs and Housing, but does not
include municipal official plans."
Retail ImpaGt Study� a detailed study GendWGted by a qualified rnaFke
analyst whinh examines the feasibility and impaGt of o proposed retail
GentFal A Forts
aaaa) Existing subsection 6.5.4 of the Brookhill Secondary Plan is hereby amended as
follows:
6.5.4 An Environmental Impact Study shall be undertaken for development
proposals in aGr'Grdainrc°e withrSeGtinn 4 4.35. of the QffiGial including
any necessary infrastructure and roads proposed within the Lake Iroquois
Beach, or within 120 metres of the boundary of a wetland or wetland
complex or 30 metres of the Environmental Protection Area designation.
Any resulting changes to the boundaries of the Environmental Protection
Area designation resulting from the recommendations of an Environmental
Impact Study shall not require an amendment to the Official Plan or
Secondary Plan.
bbbb) Existing subsection 3.7.3 of the Clarington Technology Business Park is hereby
amended as follows:
3.7.3 An Environmental Impact Study shall be required for development
applications on lots adjacent to the significant woodlands identified on
The ERVirnnmen lmnaot Study shall be prepared in aonorrdanoe
Map -r„��n� �a�� �r���a��«
With SeGtiGR 4.4.35 of the MuniGipality of QaFiRgten Qffi,Gial Plan-.
cccc) Existing subsection 11.3.2 of the Brookhill Neighbourhood Secondary Plan is
hereby amended as follows:
11.3.2 Community Theme and Urban Design Implementation Plan
Prior to the approval of a development in the Brookhill Neighbourhood a
Community Theme and Urban Design Implementation Plan urbaR design
b4ef shall be prepared to confirm and control the intended pattern of
42
development within the Neighbourhood." In addition to other matters, Tthe
Community Theme and Urban Design Implementation Plan shall include:
a) the preposed pattern of reads and develepment blocks and distribution
of land uses
_1
b) the proposed network of reads, transit, \/pedestrian and hleele reI Itec•
t
G) a ReadsGape Plan, that aFtiGUlates speGifiG urban design issues te
bea,dFesse l�n implementing y laws plan(s) of s bdiyicinn
site plan ap rGvals;
d) the IGGatien E)f speGifiG features, sites and residential !E)ts within the
t". � 1
Neinhbe Irheed BI Ioh as Garner Into and T_intorcontions that require
cpeG!fin lot and building placement, al nrientatinn an arehiteetl Iral
feat)Tres;
�T
ae) design concepts for community theming including gateway
treatment, landscape treatment including the "green corridor"
treatment for Regional Road 57, light fixture standards, fencing
details, sidewalk details and related design issues that provide for
overall community theme.;
f\ aParks and Open Spaee Master Plan �en�es th�4Gatio�n arnd
rr— crrv�acc—rvrurcc.�--r-rur� c�rr
t open spaGe
buffero t rn enymrenental and cI tltl Iral heritage feat)Tres;
1
g) where appliGable, the antiGipated beundaries of implementing plans ef
t
hh) In_the caseSGheeGI site, prepeseed patteem ralteerrrna a Iogee,
in the event-that theite is net Teeu;red for sGhG Inc
dddd) Existing Subsection 15.2.5 of the Bowmanville West Town Centre Secondary
Plan is hereby amended as follows:
15.2.5 In the consideration of a development application within the West Town
Centre, the Municipality may require that the proponent prepare a traffic
impact study to the satisfaction of the Region of Durham and the
Municipality. The traffic impact study shall he prepared and stamped by a
reegsterpdKefesJiGR inner and address the fel!E)wing:
a) trip neneratien by medal split I inner I I n1 Irrent f1 ItI ire anti ltern
1
cnnditienG rennrrniZiRg the development potential of ether lands;
t
rvehiGUIar &EGescr requi.ermirents and geemetFOG rin fnr� pr�6ed
entranceways
d`TQInI site veh!GTI!ar-GiFGLI lee, .
e) pedestrian and biGYGle 1 and
f)—#a s+t-aEEes d c-,m° ;eg cements.
eeee) Map A3 Land Use Bowmanville Urban Area is amended by changing the
designation of 2375 Baseline Road from Prestige Employment Area to
Community Park as shown on Exhibit "A" to this Amendment.
43
ffff) Map I Community Improvement Areas is hereby amended as follows:
a. by deleting the Enniskillen CIA,
b. by deleting the Leskard CIA,
C. by deleting the Burketon CIA,
d. by deleting the Kendal CIA,
e. by deleting the Haydon CIA
f. by deleting the B2 CIA,
g. by renumbering existing B3 CIA to B2 CIA
h. by renumbering existing B4 CIA to B3 CIA
i. by renumbering existing B5 CIA to B4 CIA
j. by renumbering existing B6 CIA to B5 CIA
k. by defining a new B6 CIPA,
I. by defining a B7 CIPA,
M. by adding the C1 CIPA,
n. by changing the title of the Schedule from `Community Improvement Area'
to `Community Improvement Project Areas',
o. by adding `Completed Community Improvement Plan' to the legend and
p. by changing the legend from `Community Improvement Area' to
`Community Improvement Project Area' as shown on Exhibit "B" to this
Amendment. as chn�nin nn Rvhihit TR10 +n Tthas Omendmon*
gggg) By introducing Appendix A— General Description of Studies.
Proposed Appendix A — General Description of Studies
As outlined in section 23.15 of this plan, the Planning Act permits Council to require an
application to pre-consult with the Municipality prior to submitting an application, and to
request from the applicant, at the time of the application submission, any information
determined as necessary to properly assess the application.
General descriptions for reports that may be required of an applicant are outlined below.
The final scope of the reports shall be determined by the Municipality, in consultation
with any other government body, public authority and/or external agency, and is
dependent on the nature of the proposal. Additional information may be required from
these reports through the planning analysis, council deliberation, and/or public
participation processes. The reports need to be signed and stamped by the respective
registered professional.
The following list describes the most common reports that are required for an
application to be deemed complete. This is not considered an exhaustive list. Other
specialized reports may be required based on the nature of the application
Report General Description
PLANNING AND GROWTH MANAGEMENT
Planning The purpose of a Planning Rationale Report is to provide an overall
44
Report General Description
Rationale Report planning framework, and a clear understanding of the different
components of the proposal.
The Planning Rationale Report also brings together the analysis
and conclusions of the other reports supporting the application.
The minimum objectives of the study are to:
• provide a description and clear understanding of the proposed
amendment;
• provide all statistics (i.e. height, density), site and contextual
considerations;
• explain the conformity of the proposed amendment with the
Municipality's Official Plan, the Municipality's Zoning By-law, and
any other of the Municipality's planning documents, including
process steps and approvals required (i.e. zoning, site plan
control, land division);
• explain the consistency with provincial policy statements,
conformity with applicable provincial plans, and conformity with
the Region of Durham Official Plan;
• explain the contribution of the proposed amendment to the overall
urban structure of the Municipality and, if applicable, the planning
vision developed for the particular context (e.g. conformity with
Urban-Design Guidelines);
• explain the compatibility of the proposed amendment with
adjacent land uses;
• demonstrate the availability of adequate infrastructure to service
the development resulting from the proposed amendment;
• provide the site's planning history, including previous approvals;
• provide an analysis of all the studies submitted as part of the
application;
• demonstrate how the development contributes to the sustainability
principles of the Official Plan; and
• provide an analysis and opinion as to why the proposal is good
planning, an evaluation of potential impacts including economic
development benefits.
Retail Market A Retail Market Study will analyze current and future market
Impact Stud potential for a specific type of retail. The study will also analVze the
impact of the proposed retail development on the existing and
planned structure of the Municipality, in particular the impact on
historic downtowns and on town/regional and neighborhood centers.
The basis for the study will be the Commercial Policy Review Study
as updated from time to time.
45
Report General Description
Financial Impact The purpose of a Financial Impact Analysis is to determine the
Analysis proposed development's financial impact on the Municipality's
operating and long term capital budgets. The study will consider the
costs of the development in all Municipal services and infrastructure
at both the Municipal, and if required, Regional levels. The report
may include demographic projections, impacts on both hard and soft
infrastructure like roads and libraries or fire protection respectively.
In addition to the capital cost, the analysis should also include the
additional operating/maintenance costs to be incurred by the
Municipality. The analysis should also include the impact on the
Development Charges schedule and financing_
SUSTAINABILITY
Environmental The purpose of an Environmental Impact Study (EIS) is to
Impact Study determine the potential for development to adversely impact
environmentally significant and sensitive areas, and natural heritage
features.
The StudV Stud shall:
a) examine the functions of the natural heritage features;
b) identify the location and extent of natural heritage features;
c) identify the potential impacts of the proposed development on
the natural heritage features and-their ecological functions;
d) identify any lands to be preserved in their natural state;
e) identify mitigating measures to address the adverse affects of
development on the natural heritage features and their
ecological functions, including setbacks for development;
f) identify the potential for restoration and/or creation of wildlife
habitat; and
g) examine the cumulative impact of the existing, proposed and
potential development, including the impact on groundwater
function and quality.
An EIS for lands within the Protected Countryside designation of the
Greenbelt Plan shall also be undertaken in accordance with the
policies of that provincial plan.
Energy The Clarington Official Plan recognizes three key principles which
Management provide direction for the policies in the Plan; sustainable
Plan development, healthy communities and the management of growth.
The Municipality, is encouraging the development industry to
promote high quality design practices centered on resource (e.g.
water, energy) conservation, efficiency and environmental
sustainability. The Energy Conservation and Sustainability Plan
must demonstrate how the development will achieve these three
key principles. The Plan needs to consider the following:
46
Report General Description
a) energy efficiency;
b) air quality;
c) water quality and quantity;
d) solid waste;
e) natural environment; and
homeowner education.
Hydrogeological The purpose of a Hydrogeological Report is to evaluate the impacts
Report and of a proposed development on ground water and surface water
Servicing quality or quantity and the associated connections and impacts to
Options Report natural heritage and water resource features and functions The
Hydrogeological Report may make recommendations regarding the
design of the proposal.
The Hydrogeological Study should describe the regional and local
hydrogeological conditions, characterize the groundwater and
surface water flow systems, and identify the availability, quantity and
quality of groundwater sources at the site. The Hydrogeological
Study shall demonstrate that the proposed development will have
no adverse effect on groundwater quantity or quality, or on natural
heritage functions and hydrological features that rely on
groundwater. The results of the study may impact the design of the
development.
This may or may not include the preparation of a water budget.
Geotechnical The purpose of a Geotechnical Report is to explore subsurface soil
Report and groundwater conditions on a site.
The Geotechnical Report should summarize subsurface exploration
data, including subsurface soil profiles, exploration logs, laboratory
results, ground water information and engineering recommendations
for design. The report will develop geotechnical recommendations
regarding such actions as earthwork construction and backfilling,
dewatering, installation of services (water, sanitary and storm),
service bedding and backfill, and roadway construction. It may also
include bearing capacity as required by the development proposal.
Slope Stability The purpose of a Slope Stability Report is to protect the long-term
stability of valley slopes from development impacts.
Any proposal for development or site alteration on or in proximity to
a slope must demonstrate that the long term integrity of the slope is
not compromised by the proposed development and that if required
an appropriate access buffer has been provided in accordance with
the standards and criteria established by the Province and the
Conservation Authority. Specific situations may include the need to
undertake a stream meander belt analysis for applications adjacent
to watercourses and valleylands.
i
i
47
Report General Description
Flood Plain The purpose of a Flood Plain Management Report is to evaluate the
Management hydraulic impacts to the flood plain, both on and off-site, flood
Report proofing requirements and access requirements associated with
development or site alteration within the Regional Storm Flood
Plain, as defined by the Conservation Authority_
Any proposal for development or site alteration within the Regional
Storm Flood Plain must demonstrate that there will be no off-site
impacts to the flood plain and must demonstrate that an appropriate
level of flood proofing and safe access may be established for the
proposal.
OAK RIDGES MORAINE SPECIFIC STUDIES
Natural Heritage A Natural Heritage Evaluation shall demonstrate how the specific
Evaluation planning, siting, design or construction practices for the proposed
development would maintain or enhance the ecological integrity of
the Moraine, including the natural heritage, water resources and
landform conservation systems.
Specifically the stud shall:
a) provide an inventory of vegetation and wildlife habitat on and
within the vicinity of the proposed development site;
b) provide a comprehensive survey of wildlife use of the proposed
development and adjacent lands;
c) identify the anticipated impacts from the proposed development
and its associated activities, including noise, dust and vegetation
removal, on the natural heritage features;
d) identify lands where forest cover should be preserved or
enhanced;
e) demonstrate that the development or site alteration applied for
will have no adverse effects on the natural heritage features or
on their ecological functions;
f) identify planning, design and construction practices that will
maintain and, where possible, improve or restore the health,
diversity and size of the natural heritage feature and its
connectivity with other natural heritage features;
g) demonstrate how connectivity within and between natural
heritage features will be maintained and, where possible,
improved or restored before, during and after construction;
h) determine whether the dimensions of a minimum vegetation
protection zone as specified in Table 4-1 of this Plan are
sufficient, and if it is not sufficient, specify the dimensions of the
required minimum vegetation protection zone and provide for the
48
Report General Description
maintenance and, where possible, improvement or restoration of
natural self-sustaining vegetation within it;
i) specify the need for and dimensions of a minimum vegetation
protection zone where Table 4-1 of this Plan does not identify the
dimensions of a minimum vegetation protection zone and provide
for the maintenance and, where possible, improvement or
restoration of natural self-sustaining vegetation within it;
j) in the case of a natural heritage feature that is fish habitat,
ensure compliance with the requirements of the Department of
Fisheries and Oceans (Canada); and
k) in the case of a Life Science ANSI identified in Table 4-1, the
basis on which the determination and specification mentioned in
subsection i) above is done, shall include without limitation, an
analysis of land use, soil type, slope class and vegetation type,
using criteria established by the Government of Ontario, as
amended from time to time.
Earth Science An Earth Science Heritage Evaluation shall:
Heritage
a)
Evaluation identify planning, design and construction practices that will
ensure protection of the geological or geomorphological
attributes for which the area of natural and scientific interest was
identified; and
b) determine whether a minimum vegetation protection zone is
required, and if so, specifies the dimensions of that zone and
provides for the maintenance and, where possible, improvement
or restoration of natural self-sustaining vegetation within it.
Hydrological A Hydrological Evaluation shall:
Evaluation
a) demonstrate that the development or site alteration will have no
adverse effects on the hydrologically sensitive feature or on the
related hydrological functions;
b) identify planning, design and construction practices that will
maintain, and where possible improve or restore, the health,
diversity and size of the hydrologically sensitive feature;
c) determine whether the minimum vegetation protection zone
whose dimensions are specified in Table 4-1 is sufficient, and if
it is not sufficient, specify the dimensions of the required
minimum vegetation protection zone and provide for the
maintenance and, where possible, improvement or restoration
of natural self-sustaining vegetation within it; and
d) in the case of permanent and intermittent streams, and seepage
areas and springs as identified in Table 4-1, the basis on which
the determination and specification mentioned in subsection c)
49
Report General Description
above is done shall include, without limitation, an analysis of
land use, soil type and slope class, using criteria established by
the Government of Ontario as amended from time to time.
Landform A Landform Conservation Plan shall include:
Conservation
Plan a) one or more maps showing_
• elevation contours in sufficient detail to show the basic
topographic character of the site, with an interval of not more
than two metres
• analysis of the site by slope type (for example, moderate or
steep)
• significant landform features such as ravines and ridges
• all water bodies including intermittent streams and ponds
b) a development strategy that identifies appropriate planning,
design and construction practices to minimize disruption to
landform character, including:
• retention of significant landform features in an open,
undisturbed form;
• road alignment and building placement to minimize grading
requirements;
• concentration of development on portions of the site that are
not significant;
• use of innovative building design to minimize grading
requirements; and
• use of selective grading techniques.
TRANSPORTATION
Transportation Transportation Demand Management Plans and Implementation
Demand Strategies for new development shall identify transportation
Management demand, impact, improvements and programs for specific
Study development applications and will identify actions and directions to
achieve the Durham Region's 15% auto reduction target.
Components of Transportation Demand Management Plans and
Implementation Strategies may include:
a) carpool/vanpool match program;
b) paid parking;
c) secure bicycle storage facilities;
d) on-site shower facilities for employees who bike to work; and
e) other measures deemed appropriate by the Municipality.
50
Report General Description
Traffic Impact The Traffic Impact Study (TIS) shall provide an assessment of the
Study impact of a proposed development on the transportation system and
determine infrastructure improvements, service upgrades and
mitigation measures required to reduce any adverse impacts of a
proposed development. In this assessment the TIS shall address
not lust automobile flows, but also have the pedestrian as the first
priority and his/her use of other modes of mobility.
The study should include an analysis of other modes of
transportation such as cycling, walking, and transit and how these
modes of transportation will be promoted, accommodated or
impacted by the development.
This study may also include a parking analysis that may reduce the
number of spaces required by the zoning by-law. This reduction
could be contemplated when the site is adiacent to transit routes
and/or it can be supported by a shared parking analysis of demand
times by use.
AGRICULTURE
Statement of Any proposal for development or site alteration of a non-agricultural
Conformity with use within 500 metres of a livestock facility, or the establishment of
Minimum a new livestock facility, is required to use Minimum Distance
Distance Separation (MDS) formulae to determine a recommended distance
Separation between a livestock facility and another land use. MDS will vary
Information according to a number of variables including, but not limited to, type
of livestock, size of farm operation and type of proposed
development. MDS does not account for noise and dust.
SERVICING
Grading, The purpose of a Grading, Drainage and Stormwater Management
Drainage and Report is to evaluate the effects of a proposed development on the
Stormwater stormwater and drainage pattern, and to recommend how to
Management manage rainwater/snowmelt for the proposed development.
Report The report shall:
a) identify the quality and quantity impacts of the change in
stormwater runoff on existing infrastructure and watercourses
due to a proposed development;
b) determine improvements to municipal servicing infrastructure
required to support the proposed level of development, where
applicable ;
c) determine mitigation measures to minimize any negative
impacts on the drainage system; and
d) identify opportunities for enhancement of stormwater
management facilities and features in redevelopment sites.
The report shall be prepared in accordance with the standards,
51
Report General Description
requirements and criteria established by the Province, Municipality
and Conservation Authority.
Functional The purpose of the Functional Servicing Report is to evaluate the
Servicing Report impacts of a proposed development on Regional and Municipal
servicing infrastructure and utilities.
A functional servicing report is used as a guide to establish the
servicing requirements associated with a development. More
specifically, the requirements include:
• water supply for domestic and fire fighting purposes;
• sanitary servicing;
• stormwater management;
• safe vehicular access to the site; and
• utility servicing_
AGGREGATES
Aggregate An Aggregate Extraction Area Study shall address the study
Extraction Area requirements identified in Section 15.3.9.
Study
An Aggregate Rehabilitation Plan is required as part of the license
process under the jurisdiction of the Ministry of Natural Resources
pursuant to the Aggregate Resources Act.
CULTURAL HERITAGE
Archaeological The purpose of an Archaeological Assessment is to ascertain the
Assessment presence or absence of archaeological resources.
Any proposal for development or site alteration in proximity to areas
with archaeological sites or having archaeological potential (as
assessed according to Ministry of Culture criteria) would, if found,
identify archaeological resources, evaluate the significance of these
resources, and provide strategies to mitigate the impact of
development on these resources, such as on-site preservation or
systematic removal. The assessment would also include
recommendations for conservation measures.
Cultural Heritage The Cultural Heritage Resource Impact Assessment is intended to
Resource Impact provide relevant information on the nature and significance of a
Assessment heritage property and develops the policy framework in which the
heritage property can be conserved.
Any proposal for the development of a heritage property designated
under the Ontario Heritage Act or of a property abutting a
designated heritage property would need to identify and evaluate
the_impact of development or site alteration on the built heritage
resource and recommend appropriate impact mitigation measures
and conservation strategies, based on conservation and urban
design principles, and provide a statement of cultural significance.
52
Report General Description
URBAN DESIGN
Park Concept Any draft plan of subdivision where parkland is being dedicated to
Plan the Municipality shall include a Park Concept showing the program
indicated by the Municipality can be accommodated within the area
of the parkland being proposed within the draft plan.
Urban Design The purpose of an Urban Design Report is to evaluate the proposal
Report to ensure that the development blends with the neighbourhood or
advances the emerging character of a new or redeveloping
neighbourhood.
The Urban Design Report may be required for any development or
site alteration and would be a combination of text, plans, illustrative
sketch diagrams and photos. The report would describe the vision
or design intent, physical form, layout and design of the proposed
development.
The Urban Design Report will also illustrate the building massing,
and articulation to establish the relationship between the building
and the street, pedestrian and transit linkages, landscape and
outdoor amenity areas, and lighting_
The Report will also demonstrate how the impacts on adjacent sites
are mitigated,including protecting significant views and vistas,
limiting shadow 'impacts on existing sunlight sensitive uses and
maintaining the privacy of those properties. It may also involve an
appropriate conceptualization of the future development of lands in
the vicinity of the subject site, as well as show existing conditions
and/or other concurrent proposals in the broader surrounding area.
Lighting/Photome The purpose of a Lighting/Photometric Plan is to provide an analysis
tric Plan of the anticipated lighting levels on a proposed development site
and potential effects on nearby properties, features and the night
sky. Such a Plan is to be premised upon providing sufficient lighting
for site access and safety purposes which also minimizes energy
consumption, light pollution and visual impacts.
Any development or site alteration where proposed lighting may
affect adjacent or nearby land uses or environmental conditions,
perhaps due to variations in topography or visibility, would be
required to submit a Lighting/Photometric Plan. This Plan is to
demonstrate how the development has been designed to conserve
energy, prevent adverse and off-site impacts for nearby properties
sensitive land uses and infrastructure such as residential areas
green spaces, railways and roadways and avoid negative effects on
the night sky.
i
"Exhibit."A",Amendment No.77 To The Municipallity of Clarington Official Plan",
Map A3, Land Use, Bowmanville Urban Area.
I
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to"Community Park" MORO
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SPECIAL ' ' 1
POLICY
c-0 AREA C
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PRESTIGE TOURISM NODE
EMPLOYMENT AREA
QA eb LIGHT PUBLIC
INDUSTRIAL AREA SECONDARYSCHOOL
-_ URBAN BOUNDARY INDUSTRIAL AREA SECONDARY SCHOOL
FUTURE® URBAN RESIDENTIAL BUSINESS PARK SECONDARY SCHOOL
LAKE ONTARIO URBAN RESIDENTIAL UTILITY PUBLIC
t ELEMENTARY SCHOOL
O DENSITY ENVIRONMENTAL T O RESIDENTIAL PROTECTION AREA ELEMENTARY SCHOOL
MAP A3 OH HIGH IDENTIA DENSITY - GREEN SPACE d ELEMENTARY R S SCHOOL
LAND USE ® TOWN CENTRE WATERFRONT _SECONDARY
BOWMANVILLE URBAN AREA GREENWAY PLANNING AREA
NEIGHBOURHOOD COMMUNITY PARK .........SPECIAL POLICY AREA
OFFICIAL PLAN CENTRE
MUNICIPALITY OFCLARINGTON HIGHWAY COMMERCIAL @ DISTRICT PARK ...........SPECIAL STUDY AREA
January 2,2007.
THIS CONSOLIDATION is PROVIOEDFOR CONVENIENDEDNLY AGGREGATE NEIGHBOURHOOD ®S0 GO STATION
s REQUESTED Ma ONS MO APPROVU EXTRACTION AREA PARK
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ONS;111;
T �
Comments Summary Table
Contact
Date of
befalls of Submission
Staff Comments.
Recommendation, ,
Submission No.
Submission
Glenn Weigel
9-Dec-09
Requested clarification as to why Maple Grove was not
Staff clarified that Maple Grove was included in the Official Plan as
No Action Required.
W15
included as an Urban Area in the Official Plan and that the
Hamlet Residential and that no Urban Boundary expansions in this
Urban Area should be extended along Highway 2 to Holt
general area are contemplated or permitted as per Greenbelt Act.
Road.Question the Greenspace between Bowmanville and
Courtice north of Highway 2.
Bert Weigel
9-Dec-09
Questioned the Greenspace between Bowmanville and
Staff clarified no Urban Boundary expansions in this general area are
No Action Required.
W16
Courtice north of Highway 2.Understands the need to
contemplated or permitted as per the Greenbelt Act.
protect the Moraine,but the area along Highway 2
between Courtice and Bowmanville and up to their
northern urban boundaries should be open for
development.
Rolad Weigel
9-Dec-09
Requested clarification as to why Maple Grove was not
Staff clarified that Maple Grove was included in the Official Plan as
Sidewalk concern forwarded
W17
included as an Urban Area in the Official Plan. Requested
Hamlet Residential and that no Urban Boundary expansions in this
to Director's of Operations
the Urban Boundary of Maple Grove be expanded to
general area are contemplated or permitted as per Greenbelt Act.
and Engineering Services
include the lands west to Holt Road,South to Bloor Street
and north to Nash Road.Concerned with the lack of
sidewalk for the kids to walk along to get to school and to
pick up their mail.
Luigi Mastroianni
9-Dec-09
Requested moving the Durham Region Police Station to the
Staff advised Mr.Mastroianni to contact the Region of Durham
No Action Required.
W18
empty RONA store which has excellent location,access to
Planning Department to discuss the location of the proposed Police
major roads,site is serviced and substantial parking instead
Station.
of the Maple Grove Site?
Victor Suppan
multiple
Request stronger policies on protecting our cultural and
There have been numerous submissions from the CHC,both prior to
Minor language changes have
Representing:
built heritage,need for Cultural Heritage Impact
and since the proposed amendment. The proposed cultural heritage
been made.
Clarington Heritage
Assessments,Mission statements,demoliton of heritage
policies are in keeping with many of the CHC's recommendations.
Committee
resources,role of committee and the Municipal register.
W13;W32
Alan Kirby
9-Dec-09
Request to be contacted to discuss wording as hertiage
Mr.Kirby was added to the interested parties list so he would be
No Action Required.
W19
guidelines in the Official Plan for Newcastle.
made aware of any proposed Official Plan policy amendments.
South Courtice Land
28-Jan-10
Request redesignation of approx.10.5 ha of land east of
In the draft amendment,as presented at GPA on Sept.13,2010,the
Requested redesignation has
Development Inc.
Townline Rd.and north of CP railway line,in South Courtice
redesignation of lands from"Future Urban Residential"to"Urban
been transfered to Growth
Represented by:
from Future Urban Residential to Urban Residential
Residential"was proposed.
Management component of
David Phalp
the OP Review.
IBI Group
The proposed Amendment 77 as presented by Staff Report PSD-009-
W23
12 no longer includes this proposed redesignation.
O D
Cn
()
0 =7
CD
O N
fV 0
Comments Summary Table
Contact
Date of
Details of Submission
Staff Comments
Recommendation
Submission No.
Submission
"
Nihal and Lachhman
7-Dec-09
Request to redesignate a parcel of land south of Rosswell
In the draft amendment,as presented at GPA on Sept_13,2010,the..
Requested redesignation has
Represented by:
Park,Courtice from Future Urban Residential to Urban
redesignation of lands from"Future Urban Residential"to"Urban
been transfered to Growth
R.M.Larocque
Residential
Residential"was proposed.
Management component of
D.G.Biddle&Assoc.
the OP Review.
W31
The proposed Amendment 77 as presented by Staff Report PSD-009-
12 no longer includes this proposed redesignation.
Mark A.Foley
23-Jun-10
2141 Trulls Road. Request Future Urban Residential
In the draft amendment,as presented at GPA on Sept.13,2010,the
Requested redesignation has
The Foley Group
designation be amended to Urban Residential.
redesignation of lands from"Future Urban Residential"to"Urban
been transfered to Growth
W33
Residential"was proposed.
Management component of
the OP Review.
The proposed Amendment 77 as presented by Staff Report PSD-009-
12 no longer includes this proposed redesignation.
Sheila Wynberg
27-Jul-10
Has an interst in a property on the east side of
in the draft amendment,as presented at GPA on Sept.13,2010,the
Requested redesignation has
W34
Bowmanville,north of Highway 2 and west of Lambs Road
redesignation of lands from"Future Urban Residential"to"Urban
been transfered to Growth
that is presently designated"Future Urban Residential"
Residential"was proposed_
Management component of
the OP Review.
The proposed Amendment 77 as presented by Staff Report PSD-009-
12 no longer includes this proposed redesignation.
Abe's Auto Recycling
multiple
2531 Concession Road 3,Darlington.
Amendment 77 introduces policies that will essentially prevent the
No Action Recommended.
Represented by:
Renumbered Policies 11.7.2;11.8.2;11.8.3;11.8.4;11.8.5;
relocation of the existing business to an alternate location within
Ronald St.C.Armstrong
11.9.2(a)will in esssence prevent the relocation of the
Clarington.This business is an existing legal non conforming use. The
Armstrong Harrison
existing auto recycling business currently operating in
existing land use status rights cannot transfer to another parcel. Any
Associates
Clarington from relocating within Clarington's borders.
notwithstanding clause should be considered in the context of a site
W35:W64;W70;W73
Would like policies added'notwithstanding the desireability
specific amendment application by the proponent to a specific
of the proposed amendments in general;would allow the
property.
relocation of this specific business establishment'
John La Chapelle
9-Dec-09
Suggest certain policies related to the provision of
Amendments to Chapter 21 policies regarding utilities will be
Refinements made to policy
Bell Canada
13-Sept-10
telecommunication services in new and existing areas,to
considered.
regarding placement of
W20;W39
proposed Urban Design polices in Amendment No.77 and
utilities.
to the definition section in the OP.
Remaining comments will be
addressed during further
components of the OP
Review.
Comments Summary Table
Contact
=Date of
Details of Submission
Staff Comments.,:,,,
Recommendation
Submission No.
Submission
Libby Racansky
13-Sept-10
Question methodology used to determine built boundary,
Staff spoke to Ms.Racansky regarding the delineation of the Built
No Action Required.
W40
(public
greenfield areas and Provincially Significant wetlands with
Boundary.
meeting
specific reference to the Hancock Neighbourhood Design
Presentation)
Plan Area and Special Study Areas 5 and 6(North Courtice)
in the Clarington Official Plan.
Smooth Run
10 Sept-10
As solicitors of Smooth Run Developments and Brookfield
In the draft amendment,as presented at GPA on Sept.13,2010,the
Requested redesignation has
Developments and
Homes,requesting that the intent of Amendment no.77 to
redesignation of lands from"Future Urban Residential"to"Urban
been transfered to Growth
Brookfield Homes
require Secondary Plans not apply to the North Village
Residential"was proposed.The development of the lands would
Management component of
Represented.by:
Planning Unit in Newcastle.Request a revision to revised
follow the Secondary Plan process.
the OP Review.The suggested
Roslyn Houser
policy 5.3.5 to exlcude proposed developments outside
policy refinement will be
Goodmans LLP
neighbourhoods identified on Map H and any other areas
The proposed Amendment 77 as presented by Staff Report PSD-009-
considered.
Barristers&Solicitors
Council deem appropriate,from the preparation of
12 no longer includes Secondary Plan Policies nor the the proposed
W41
Secondary Plans.
redesignation.
Greg Milosh
13 Sept-10
Property owners in Brookhill,would like to see the removal
In the draft amendment,as presented at GPA on Sept.13,2010,the
Requested redesignation has
W42
of Future Urban Residential Designation. He
redesignation of lands from"Future Urban Residential"to"Urban
been transfered to Growth
complemented Planning on Amendment 77 and supports
Residential"was proposed.
Management component of
adoption and'implementation.
the OP Review.
The proposed Amendment 77 as presented by Staff Report PSD-009-
12 no longer includes this proposed redesignation.
Bob Craig
Apr-10
Property fronting onto Prestonvale south of Bloor Street_
In the draft amendment,as presented at GPA on Sept.13,2010,the
Requested redesignation has
Royal LePage-Frank
Requesting removal of Future Urban Residential
redesignation of lands from"Future Urban Residential"to"Urban
been transfered to Growth
Real Estate
designation.
Residential"was proposed.
Management component of
V12
the OP Review.
The proposed Amendment 77 as presented by Staff Report PSD-009-
12 no longer includes this proposed redesignation.
Marion Weber
29-Oct-10
Subject Property:1831 Highway 2,Courtice. Landowner is
Submission has been transferred to the overall Official Plan review
Staff will reevaluate
W45
concerned with the Urban Boundary in Courtice and why it
for consideration during the Growth Plan Conformity excersise.
submission following the final
was not expanded to include the Residential and
decision on ROPA 128.
Employment lands across to the proposed 407 link.
Richard Szarek
3-Sep-10
Urban boundary changes recommended to be consistant
Changes associated with ROPA 128 are withheld;some minor
Some policy changes have been
Region of Durham
with ROPA 128;Map A4,Urban boundary missing;include
wording and mapping changes are requested;
made. Other
W44
the 407 link on Map;Some minor wording changes.
recommendations will be
Growth management policies not reviewed.
transferred to further
components of the OP Review.
Comments Summary Table
Contact
Date of
Details of Submission
Staff Comments
Recommendation
Submission No.
Submission
Chris Darling
4-Aug-10
The comments suggest minor revisions to subsection 4.4.35
Submission has been transferred to the overall Official Plan review
Requested language changes
Central Lake Ontario
to include the term'hydrologically sensitive features';to
for consideration during Greenbelt Conformity.
will be addressed during the
Conservation
include a reference to the protection of natural features
Greenbelt conformity
Authority
and functions within subsection 5.4.4 Sustainability;and
component of the OP Review.
W43
that subsection 23.3.4 include a reference to the
identification of linkages or connections among key natural
heritage features.
Jane Eccles
24-Jun-08
The entrance to Bowmanville from the 401 could be
This submission was received prior to the preparation of Amendment
Many of the requested
W7
heightened in its visuals_ The Visual Arts Centre should be
77,and many of the issues have been addressed.
improvements to policy
acknowledged as holding the cultural edge for a growing
including a focus on culture,
and expanding community. It becomes key as being part of
gateway features etc.have
a package that promotes diversity of experience for those
been included in the proposed
moving to the area_ And so I am proposing to your
amendment.
community planners to hold this as a first step to help
support and further improve things---support initiatives
that are well underway. A public patronage system could
be encouraged by incentives. Perhaps the planners could
consult with cultural leaders around expansion of this area
of interest.Public Art,Cultural facilities,gateways.
Norman Breitner
Sept 27-10
Request to amend maps A2,A3 and A4 by removing certain
The requested changes are not specifically related to the proposed
Requested Changes will be
Kawartha Pine Ridge
school designations,based on School Board's recent
amendment.
made during further phases of
District School Board
reviews of development applications.
the Official Plan review.
W48
Leo Palozzi
15-Nov-10
No objections expressed however many questions were
Comments have been taken into consideration.
Comments have been
TDL Group
asked for clarification of the Urban design policies
considered in the preparation
W51
comments regarding the possibility of a peer review,
of the proposed amendment.
Record of Preconsultation,and appendix A studies.
John Stephenson
15-Nov-10
Need to be more Energy Efficient,low resource use,focus
Not all of the issues raised are the focus of this amendment,the rural
Some action taken,other
W50
on alternative forms of travel such as bicycles,minor
and growth management issues will be transferred to that portion of
comments will be transferred
wording changes,noted some omissions in Table of
the OP Review.
to further components of the
Contents,Gateway features-considered to be luxurious
OP Review.
and wasteful,need to include employment lands within
Residential areas,Concerned that Planning Act and PPS are
out of date,Rural issues,need mixed use policies,
Sustainability needs to defined.
Comments Summary Table
Contact ;
submission No.
Date of
Submission
Details of Submission
Staff Comments
Recommendation
John Koke
17-Dec-10
Concerned with policy 5.35.not clearly articulating that
In'the draft amendment,as presented at GPA on Sept_13,2010,the
This comment will be taken
Representing:BILD
those lands that are part of an existing Neighbourhood Plan
redesignation of lands from"Future Urban Residential'to"Urban
into consideration through the
W53
do not have to prepare Secondary Plans.
Residential'was proposed.The development ofthe lands would
Growth Management
follow the Secondary Plan process.
component ofthe OP Review.
The proposed Amendment 77 as presented by Staff Report PSD-009-
12 no longer includes Secondary Plan Policies nor the the proposed
redesignation.
Steven Holliday
8-Nov-10
816 Regional Road 17.Request re-designation from"Future
In the draft amendment,as presented at GPA on Sept.13,2010,the
These comments will be taken
Represented by:
Urban Residential'to"Urban Residential'.
redesignation of lands from"Future Urban Residential'to"Urban
into consideration through the
Maureen Harrison
Residential'was proposed.
Growth Management
Re/Max First Real
component of the OP Review.
Estate
The proposed Amendment 77 as presented by Staff Report PSD-009-
W47
12 no longer includes this proposed redesignation.
Attachment 3 to
Report PSD-009-012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2012-
being a By-law to adopt Amendment No. 77 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, authorizes the
Municipality of Clarington to pass By-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to incorporate the requirements and
permissions afforded to the Municipality of Clarington as a result of Bill 51, the Planning
Conservation Land Statute Law Amendment Act, 2006, revisions to the Ontario Heritage Act,
2005 and the Provincial Policy Statement, 2005;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No: 77 to the Clarington Official.Plan being the attached Explanatory
Text and Maps are hereby adopted; and
2. This By-law shall come into force and take effect on the date of the passing hereof.
BY-LAW read a first time this day of 2012
BY-LAW read a second time this day of 2012
BY-LAW read a third time and finally passed this day of 2012
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk.