HomeMy WebLinkAboutPSD-009-12 Addendum Clarington REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution#: - By-law#: 0 ,)"0
Report#: Addendum to File#: COPA 2010-0005
PSD-009-12
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 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 and Addendum to Report PSD-009-12 be received;
2. THAT Amendment 77 to the Clarington Official Plan as set out in the By-law contained
in Attachment 3 to PSD-009-12 be adopted;
3. THAT Amendment 77 to the Clarington Official Plan be forwarded to the Regional
Municipality of Durham for approval;
4. THAT Municipal staff endeavour to complete the Growth Management phase of the
Official Plan Review within 18 months incorporating the infrastructure and financing
implications of future growth and any implications from the hearing on the Regional
Growth Plan Amendment (ROPA#128) currently before the Ontario Municipal Board;
5. THAT the Regional Municipality of Durham Planning Department be forwarded a copy
of Addendum to Report PSD-009-12 and Report PSD-009-12; and
6. THAT all interested parties listed in this Addendum to Report PSD-009-12 and any
delegations be advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
ADDENDUM TO REPORT NO.: PSD-009-12 PAGE 2
Submitted by: Reviewed by:
av' . Crome, MCIP, RPP nklin Wu,
Director of Planning Services Chief Administrative Officer
LB/COS/df/ah
14 March 2012
ADDENDUM TO REPORT NO.: PSD-009-12 PAGE 3
1. INTRODUCTION
1.1 This Addendum Report provides additional information with respect to Abe's Auto
Recycling.
2. BACKGROUND
2.1 On February 6, 2012 a second statutory public meeting was held on the Recommended
Official Plan Amendment 77. A number of people spoke at the public meeting. At the
GPA Committee meeting, Committee approved the recommendation of Report PSD-
009-12 which supported the adoption of Official Plan Amendment 77 with an
amendment noted below.
2.2 At the February 6t" meeting, the Committee amended the recommendations of the
report directing that municipal staff endeavour to complete the Growth Management
Plan of the Official Plan within 18 months.
2.3 Ron Armstrong, representing Abe's Auto Recycling (2532 Concession Road 3,
Bowmanville) appeared as a delegation to Council on February 13, 2012 regarding
Report PSD-009-12 (proposed OPA 77). During his delegation Mr. Armstrong
suggested he would like additional time to meet with Staff to discuss his client's
concerns with OPA 77. As a result, Report PSD-009-12 was referred back to staff.
3. SITE DESCRIPTION
3.1 Abe's Auto Recycling (Abe's Auto) owned by Abraham Afana, is located on a 7.14 ha
(17.6 acre) parcel at 2532 Concession Road 3 in Bowmanville. The parcel is
designated Living Area (residential) within the Clarington Official Plan. In the Design
Plan for the Northglen Neighbourhood, the site has been designed to accommodate
single detached dwellings, townhouses, and a park. It is zoned Agriculture Exception
(A-1). Even though, the auto recycling use is not a permitted use within this zone, it is
considered to be legally non-conforming as it appears that the business was established
on the property in 1951, before the first Darlington Township Zoning By-law came into
effect in 1959.
3.2 Abe's Auto has been searching for a numbers of years to relocate the business within
Clarington. In 2007, they applied to relocate to a 9 ha (22 acre) site on Baseline Road
in Courtice; the proposal included approximately 4950m2 (53283 ft2) of buildings and 4
ha (9.8 acres) of outdoor storage. The proposed relocation required an Official Plan
and Zoning By-law amendment. Shortly after the public meeting for these applications,
the Ministry of Transportation (MTO) indicated that the site was needed for the
proposed Highway 401/407 East link. As such, this development proposal was
abandoned.
ADDENDUM TO REPORT NO.: PSD-009-12 PAGE 4
3.3 Over the past several years, Mr. Afana has received approval from the Committee of
Adjustment (C of A) for a variety of building expansions. Approvals from the C of A
required Mr. Afana to enter into a Site Plan Agreement with the Municipality. The Site
Plan Agreement has been executed by both parties. Once the Municipality is in receipt
of the Lands to be transferred for the widening of Concession Road 3, the Site Plan
Agreement will be registered on title.
4. REVIEW OF CURRENT SITUATION
4.1 Summary of Armstrong Harrison Assoc. Delegation to Council February 13, 2012
An outline of Mr. Armstrong's delegation to Council on February 13, 2012 has been
submitted to staff (see Attachment 2). In his delegation to Council, Mr. Armstrong made
comment on the following issues:
• Knowing that the existing property is legal non-conforming and that it's not
appropriate to carry on this use in a developing residential area, Mr. Afana pursued
the relocation of his business to Baseline Road in Courtice. Planning Applications
were submitted but MTO advised that the property was needed for the Highway
401/407 East Link.
• Since 2007 they have been intensively searching for another property.
• Policies in OPA 77 will prevent Abe's from moving to another location within
Clarington.
• To avoid the OMB, Council should direct staff to meet with Abe's representatives to
draft a suitable clause.
4.2 Staff Meetings with Abe's Representatives
Staff have met and had conversations with Abe's representatives on a number of
occasions to discuss OPA 77 and their proposed 'notwithstanding' clause. The most
recent version of the 'notwithstanding clause' is Attachment 3.
Since the beginning, it has been made clear, that the concept of the "notwithstanding"
clause is not a solution that staff could support.
As requested by Mr. Armstrong during his delegation, staff again met with Abe's
representatives on March 5, 2012. In the meeting, it was stated that the underlying
concern was that this use (Abe's Auto) is given some sort of recognition with the ability
to leave the door open. They were hoping that there would be more latitude in the
Official Plan to have a policy which would allow the business to move. Staff advised
that it could not support this approach without vetting a site specific proposal. This is
detailed in further sections of this report.
ADDENDUM TO REPORT NO.: PSD-009-12 PAGE 5
5. DISCUSSION
5.1 Clarington has a number of legacy auto wrecking/recycling facilities, virtually all
originally located in rural areas, some now occupying very large sites.
Clarington has a legacy of auto wrecking sites due to its proximity to the GTA, the large
land area and more relaxed land use planning standards in the past. In the early 90s,
there were 9 auto wreckers in the Municipality. Today, two of these have closed.
It would appear that almost all of these auto wrecking facilities were established prior to
the adoption of Official Plans or Zoning By-laws. The seven remaining auto wreckers
operate on approximately 100 acres of land. There are 5 auto wreckers in Ajax, Whitby
and Oshawa operating on approximately 60 acres of land.
Abe's Auto site was previously operated as Ackerman Auto Wreckers. The site was
acquired by Abe's Auto in 2000. Staff have been advised that Abe's Auto has been
looking to relocate since 2004. Official Plan Amendment and Rezoning Applications
were submitted on a 9.12 ha (22.7 acre) located on the south-west corner of Baseline
Road and Solina Road in Courtice. The application did not proceed since the lands
were identified as required for the future Highway 407 connector highway.
5.2 The relocation of Abe's Auto Recycling prior to Amendment 77 would still likely
require an amendment to the Official Plan.
The length of time it has taken to find a suitable site is indicative of the difficulty of
finding a site for such a land use. There are no lands in Clarington that would currently
permit this use in its current operational format, other than the existing auto-wrecking
facilities. To move forward to relocate within Clarington, the Official Plan would need to
be amended on a site-specific basis having regard for the various impacts of such a
facility. Through the relocation, Abe's Auto is seeking to expand its operations. The
Baseline Road site previously proposed a higher volume site that included the addition
of an on-site automobile shredder machine and a rail spur line to ship the waste
materials to market for final sorting and recycling.
5.3 Amendment 77 will not close down the Abe's Auto.
Amendment 77 does not directly affect the lands where Abe's Auto is currently located.
These lands have been designated for residential purposes since the approval of the
Regional Official Plan Update in 1993. Abe's Auto can continue as a legal non-
conforming use.
It is understood that it would be desirable to see the lands owned by Abe's Auto
redevelop for residential purposes. The value of the land for residential purposes is a
strong incentive to find an alternate location.
ADDENDUM TO REPORT NO.: PSD-009-12 PAGE 6
5.4 The "notwithstanding"clause proposal on behalf of Abe's Auto Recycling was to
allow relocation to an industrial area without the need for an amendment to the
Official Plan.
The purpose of the "notwithstanding" clause identified previously was to establish a
Council policy that the Municipality would encourage and facilitate the relocation of
Abe's Auto to industrial lands within Clarington. It proposed to exempt Abe's Auto from
a number of the new provisions. The most recent version of the notwithstanding clause
is attached (Attachment 3).
This type of clause is typically used in an Official Plan when a site specific proposal is
made that requires an exemption from the over-riding policy of the Official Plan. It is
only done after detailed scrutiny of a specific proposal in a specific location. It is the
result of a successful Official Plan Amendment process to justify an exemption. The
proposed notwithstanding clause has been problematic for a number of reasons
including that:
• It identifies a specific "business" in its existing location rather than a land use in the
proposed location;
• It creates an obligation for Council to permit an auto-wreckers on a site up to 30
acres in size somewhere within the Employment Lands of the Municipality; and
• It exempts one business from the new policies for the purpose of relocation.
5.5 There are many uses which are legal non-conforming after an Official Plan or a
Zoning By-law is created or updated.
One of the inevitable matters that occur in creating or updating a Zoning By-law or an
Official Plan is that there are uses in existence that do not conform to the Municipality's
long term vision. Through time, these uses redevelop to the desired use, are
maintained on the basis of legal non-conforming status or they are recognized in the
Zoning By-law as a use that can continue. This may take some time to sort out.
There are similar situations that exist throughout the Municipality as the urban boundary
has been expanded. Some current examples include Courtice Auto Wreckers on
Hancock Road, the Courtice Flea Market, and the Witzke and Mostert greenhouse
operations.
Council should not create an expectation that it will facilitate the transition of existing
uses to other areas of the Municipality when it updates its planning documents.
5.6 Abe's Auto is looking for a larger auto wrecking facility, comparable to Dom's
Auto Parts in many ways. A policy to facilitate the relocation of Abe's Auto to an
industrial area would be contrary to the existing Council policy to see Dom's Auto
Parts relocated outside of serviced industrial lands.
At the time of the preparation of the Clarington Official Plan, the Municipality made a
determination that the large auto-wrecking facility like Dom's Auto Parts, was not a
desirable long term land use in the Courtice Industrial Area.
ADDENDUM TO REPORT NO.: PSD-009-12 PAGE 7
Special Policy Area D states that:
"16.6.1 Dom's Auto Parts Ltd. is situated within the South Courtice Employment
Area. It is the long term goal of the Municipality to encourage the relocation
of the existing use to allow the eventual redevelopment of this property for
industrial purposes. However, the redevelopment of the site may not take
place until such time as sewer and water services are available. In the
interim, the existing uses may continue."
The proposal by Abe's Auto would be contrary to the general intent of Council's policy
on Dom's Auto Parts which seeks to see serviced industrial lands developed and
redeveloped for higher intensity industrial uses.
5.7 Abe's Auto would have difficulty meeting provincial land use policy given the low
intensity of use and the requirement to efficiently use serviced land as evidenced
by the decision of the Ontario Municipal Board on ADESAlimpact Auto Auctions
proposal.
In May 2007, Adesa/Impact Auto submitted planning applications for the development of
a motor vehicle auction at 1550 Trulls Road. The proposed development required
extensive outdoor storage of motor vehicles and therefore an amendment to the policies
of the General Industrial Area designation to increase the outdoor storage permitted
from 50% to 70% of a 19 ha property was required. The facility was primarily for
salvage vehicles which are auctioned to auto wreckers and often auto-related
businesses. In April 2008 Council denied the Official Plan and Zoning By-law
amendment applications. This decision was appealed by Adesa/Impact Auto to the
Ontario Municipal Board (OMB).
A number of findings of the OMB are germane to the Abe's Auto situation:
• The OMB found that the auto auction facility did not conform to the Provincial
Policy Statement or the Growth Plan for the Greater Golden Horseshoe which
endeavour to ensure the efficient use of infrastructure. Combined with other
factors such as low employment density does not represent an efficient use of
land and compact form.
• The OMB noted that the low employment intensity land uses may be more
appropriately located in the "outer ring of the Greater Golden Horseshoe (the
area on the outside of the Greenbelt) where alternative density targets for
municipalities may be employed
• The OMB commented on the perceived negative stigma related to the
development of surrounding industrial lands which, while already created by
Dom's Auto Parts, would be enhanced and encourage clustering of like-uses.
Specifically it would attract automotive like-uses to the area to the exclusion of
other industries and uses.
The findings of the OMB were instructive in the preparation of Amendment 77.
ADDENDUM TO REPORT NO.: PSD-009-12 PAGE 8
5.8 The Municipality needs to be strategic and purposeful with the development of
industrial lands since the expansion of urban boundaries and the designation of
new industrial lands is increasingly difficult as evidenced by the recent Durham
OP Review process.
In an effort to control sprawl and control infrastructure expansion, the current Provincial
policy regime limits expansions to urban boundaries to meet land use needs that have
been demonstrated through population and employment forecasts and a land budget
analysis. Within the approved urban boundaries individual development proposals must
provide the planning analysis to demonstrate how they will contribute towards the
Regional employment and population density targets.
As part of our submissions to the Region's Growth Plan conformity exercise (Growing
Durham), Clarington Council requested the consideration of an urban boundary
expansion for employment lands between the current Courtice urban boundary
eastward to the 401/407 East Link. The need for these additional employment lands
are in part needed to offset employment lands lost to the 401/407 East Link in Courtice
and to take advantage of the strategic location that could be readily serviced by the
Courtice Water Pollution Control Plant.
The request for these additional employment lands, although eventually supported by
the Region of Durham, was denied by the Minister's decision on ROPA 128 on the basis
that Clarington had sufficient industrial lands to meet the employment targets. This
determination was based on the average employment densities employed in the
analysis.
Given the difficulties in obtaining new employment lands, the Municipality needs to be
strategic and purposeful to make the best use of the employment lands that will be
available over the coming decades. A low intensity use provides fewer jobs and lower
tax revenues.
6. CONCURRENCE — Not Applicable
7. CONCLUSION
7.1 Staff have met with the representatives of Abe's Auto and further discussed their desire
for special recognition with greater latitude in the Official Plan that would allow their
business to relocate into an industrial area. This matter should be examined only in the
context of a site specific application to determine the merits of an exemption to the
Official Plan. It is recommended that no changes be made to the proposed policies for
the reasons noted in this report.
7.2 It is respectfully recommended that Amendment 77 to the Clarington Official Plan as set
out in the by-law contained in Attachment 3 to PSD-009-12 be ADOPTED and
forwarded to the Region of Durham for their approval.
ADDENDUM TO REPORT NO.: PSD-009-12 PAGE 9
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 — Copy of Report PSD-009-12
Attachment 2 — Ron Armstrong's submission of February 13, 2012
Attachment 3 — Revised Notwithstanding Clause (March 1, 2012)
List of interested parties to be advised of Council's decision:
Official Plan Review Interested Parties List of March 19, 2012, is on file with the Planning
Services Department and the Clerks Department
Attachment 1
To Addendum Report PSD-009-12
KtwvR�
Leadi►tg the Way
PLANNING I DEPARTMENT
PUBLIC
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 6, 2012 Resolution #: 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
Davi rome, 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 to these policies were presented through the discussion "°"
Paper"Let's Have a Discussion...Improving our Built or,ciaL
Environment and the Planning Process"
PLAN W
Compass to wu Twiar
3.2 The Discussion Paper �r
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-096-01 0). .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 CI-Ps.
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 Meetinq — 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
5.21 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
Horton'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.
,vnacnment 1 to
Report PSD-009-012
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
this GB;± are examples of both environmental destruction and human
restoration efforts. These events serve as useful signposts of the need for
sustainable settlement patterns.
2 --- -
b) Existing Section 1.1 Introduction, paragraph 6 is hereby amended as follows:.
At the beginning end of the 20th 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
su.g ested 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 CompreheRsive Set of Drnvir,nial Pelic-y Statemo 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 anc-orr-1aRGe With SeGtinnc
Ait `.2Q it it 40 and 4.4.41 ofthis- Dl R
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
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 puFsuaRt tG SeGtien 4.4 or a Natural Heritage Evaluation or
Hydrological Evaluation p ors i^nf f^ SeGtiono 4.4.49 aR d 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 rornnlete d ir,
acco,ratenno�with See io,n s 4.4.39 or 4.4.4 0 e,r 4.4:-^-1 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 I . or 2 as
identified on Map E, shall be accompanied by a Landform Conservation
Plan. ,R aGG r�lydaRGe With Confirm 4.4.42.
j) Existing subsection 4.4.35 is hereby amended as follows:
4.4.35 An Enviro.nmental Impact Study shall be undertaken for development
applications located on lands within or adjacent tom Lake Iron ,oic
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 MURi^ipality, in ,+once Ration ,A,ifh the
Region of Durham, the ('oncon4ation Ai thc)4y pR d other anonr�ioc �e,ill
, �� rrrr
select and retain qualified Professional expertise to Prepare the
ERViFenmental Impact 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 inioipality wig ll adept ER�i�TmrTtal imn��n�CQ
irAiDaGt Studies by qualified pi:afess'ORals. The expense of the ct,id chal
be bGFne by the PFGPGReRt. The Study shall:
a)e)c"Rmmimez the f jai-f'GtiO'1-SOi-the Rat'upal heFitalgg.c featu es;
b) idefltify the I@Cati Rena d e)Cti-eRt Gf-rRat i%i Rage foc rea ur°s
c-)�def�tlfj�the-p9teRtialmpaaGtS of proposed development r)n the
mpt `�1�ln ��fea�oc and their annl�n�giGal fi,nnfiGnc;
.`^y... t�.�--a��cr-cr-r�-rt-c�u-a �rrurrv-crorr�
d) identify any land to he preseryed in their natural state;
e) mitigating measi ires to address the adverse affeGts of
fi inntion innli iding setba Gks for de\ 81GPment'
identify the Potential for re tPlratlan and/or nreation of Viildlife
habitat; and
g) examine the nU ITI lati_ie imnaGt gf the evicting PFnngsed oPd
Potential dpyelepment innli,ding the imPagt on greuRdwate
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
adiacent to any natural heritage feature has submitted an Environmental
Impact Study, a Natural Heritage Evaluation, a Hydrological Evaluation or
any 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."
I) 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
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 d°cME)RstFat e how the �pc^
development would maintain or enhanne the eGC)iGginal integFity of th°
exp,eRse h°inn horn° her the nr000n°nt
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. iR aQGE)rdaRne With te, he
a-bevepf +stes
m) Existing Subsection 4.4.40 is deleted in its entirety,
4.4.40 lR aGGE)FdaRGe with SeGti(DR 4.4.39, a Natural HeFitage EvaluatiGR fGF aR�,'
vininity of the proposed rdeye(nnment site;
eheRsire suwey of wildlife use of prep
n— 'repov°ca
,
G) identify the tiGipated impaGtS fee the proposed rdey nm°n� t and -
,
OR the pat,rro( heritage foafr�res;
,
rd\ identify IanrdO \A/here for°ot no r°r should be nrpsenrer•d or enhannerd•
e) deMGRstFate that the r-tevelepp9ent or site alteFatien applied fGr will
have nr, ardverc+e °ff Gt-S nn the nafrr al heritage features or nn th
°no(orvina(Ar pc- ions;
v ,
pre nessihlemnnrove or r°ctere the health, itYr anrd size
heritage featuFeo• '
,
featur-e8 will be main#ed and, where
' r possible,
improver or restr)rer
before a,,ring ana uf°r conotrcrctiornr,
•-
ZGRe assvpe ified in Table 4 1 of ti tic Plan are o„miGient and if it ic Ret
6
nrotention zone and provide fnr the maintenanGe and Where pssible
, o e
e
it snenify the noon fnr and dimensions of a minimum yenetatier
r�p��crr�cr'n—'rrc yv ca n err
prc)teGtiE)R ZG)Re where Table it 1 of this Ilan does nnt ideR ' y the
dirResinns of a minimum yegetati9R PFGiteGtiE)R ZGRe Card provide
natural self_ UStaininn vegetafinn Within it;
iR the Gase ef a Ratupal heritage feature that is fish habitat, eRSUre
GemnlianGe with the requirements of the Department of Fisheries and
QGeaRS ; aRGI
Ll in the'Gase of a Life CGienGe ANSI identified in Table 4 1 the basis on
,
whinh the determination and sneoifiGatinn mentioned in si,bsention it
above is Anne, a nn shall il,ide without lim itatinn an analysis of land uGe
, ,
seil type, slope Glass and vegetatiGR type, USiRg GFit8ria established by
the GGVernment of QRtarin as amended from time to time
,
n) Existing subsection 4.4.41 is deleted in its entirety.
4.4.4 in aGGGPdanGe with SeGtieR 4.4.39, a ,HYGlFGIegiGal EvaluatiE)R shall alse be
Gond„Gted fnr aRy development or site alter gep within the (lair Ridges
MeraiRe. evalua-tieR shah
al demonstrate that the develnnment nr sife alferatinn will have nn
ad,i r-Se effeGfs nn the hydrolonlGally sensitive Feature or on the
related hvdr-eleginal f Un Gtinns•
,
,
an where possible improve or restere the health diversity and size of
e o
the hydreiegiGally sensitive feature-;
dalmeRS+nos are specified in Table 4 1 is s„ffinient and if it is Grit
,
mairit nGe and Where possible
PfeteEtoen-z the--,-rrQ„-rT�a n..,-�o"��,�T.,,
it; and
and cr�rin_Tgj as i eRt�orl in Table 4 1�,, the basis nn whi� t�
`et"e`r'f�i� tler� pe�.� eRttt�t't seE is
dGRe iRGlude,wi noi itatinn an analysis of lanrd.use, sail type
and slope Glass usiRg Criteria established by the Government of
,
Q.i_ita ri n as Trendedttc)rn time to ti me.
o) Existing subsection 4.4.42 is deleted-in its entirety.
`) ndfnrm ('nnseniafinn Dlan shall ipGl,,de
7
a) nee nr mere mans ShGWiRg'
GhapaGte ef the site 1.A.4th an interval of nn+ mere than here me+roc
,
a an�is ef the site by slepe type ((fe example, moderate nr steep4
6 signifieanf la dfnrm featuFes s„eh as raVines anrd ridges
all wafer bodies inel„rlinn intermittent streams and nenrds
ennstr,,etinn nrantines to minimize disruption to lanrdform eharaeter
tMo,.,
i'Vt-1-t'F
® read alignment anrd building nlaoement to minimiZe marine
reruiremYeRts
0 GeRGpR}.atie' Of GJ e ` eC�/ R PGFti n }h
the site that aTe—rf,7Tett
sire
O use of selective grading tenhnirti,es
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:
the area of eat,rral anrd scientific interest eras irdentifierd• and
,
and sp8Gifies the rdimensions of that Zone an'rd pFeyirdes far the
,
Tma ce and, where possible, irr pmyement or resteratien of
eat,,ral self s„stainiRg 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 y be 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. T-4e
8
, 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 Municipality in all
land uses.
5A.2.3 To create neighbourhoods that give priority to sustainable design,
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.
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
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 cyclingi
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
walkways; and
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
community. 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 kev 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. They 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;
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
Communjty 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 main.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 fagades
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_
5AAA 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;
b) 'maxim-lze the placement of buildings g 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.
Table 5A-1
Prominent Intersections
Courtice Newcastle
Durham Hwy. 2 and Townline Road King Ave. West and Baldwin Street/North Street
Durham HM. 2 and Trulls Road nq Ave. ast/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 HM, 2 /King Ave. West and Rudell Road
Bloor Street and Courtice Road
Bowmanville
Durham HM. 2 and Boswell Drive Liberty Street and Baseline Road
Durham Hwy. 2 and Martin Road/Durham Baseline Road and Durham Regional Road 57
-Regional Road 57
King Street West and Scugoq Street Lonqworth Avenue and Liberty Street
Kinq Street East/Kinq Street West and Longworth Avenue and Scuqoq Street
Temperance Street
-King Street East and Libert Street Durham H . 2 and Bennett Road
Durham HM, 2 and Lambs Road
5A.4,7 Signaqe
Signage is recognized as an' integral component of good community
design and image. Signaqe shall
a) be designed and scaled to complement the built urban form and
character and will not dominate the streetscam
b) be incorporated into the building wherever possible;
c) not undulV 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;
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 any other
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
^reseN ,, 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 S-ne
and-eRhan cultural heritage resources including:
• 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) wi# shall:
a) prepare and maintain a list aR in„ontE) of cultural heritage resources;
b) add properties of cultural heritage value or interest to the Municipal
Register as appropriate supF Ft the GGRsewa-tien srReritagereseum
lictoEd in o-Aid invontnPr
f
c) designate any such cultural heritage resource pursuant to the Ontario
Heritage Act;
d) identify and consider designation of cultural heritage landscapes or
portions thereof identified in Section 8.3.6; id tify nr d8SigRate a
g- -t p Gr gpe p f h g 1e ii7es as-a Heritage GenseT,Qtk)
ni riGt GF hFitag Qz 7%, iR QGGCT Ge With
SeGtI n 8.3.6, gi iYlg
e) assist property owners in obtaining funding for cultural heritage
resource c,�on�servation projects; and
f) cGs� er .tttC—n`�lceRservatci R Sri-'ef—r-ese'rGe-ss Aef-arGh-aeGlGgi ,aI value
p irs aRt to the nntnrin Heritage Ac-t; 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 Str�i„ti ire GF distrint is designated under
the Ontario Heritage Act or a st�, -t-urze is recognized on the cultural
heritage resources list, the Municipality 44 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;
d) prepare urban design guidelines governing the alteration, development
or redevelopment of districts or neighbourhoods; arld
e) consider the conservation of cultural heritage resources
struGt pes and !aR dSGapoc 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 c+rUas 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
trees will be supported. If no other alternative exists for maintaining
structures in .their original location, consideration may be given f(Di 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:
"83.4 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 will-shall:
a) promote public awareness and appreciation of cultural 1heritage
resources;
b) encourage the private sector to support the conservation of cultural
heritage resources;
c) .support and promote the Clarinqton Museums and Archives
BewrnaFlVille aR d Clarke AAi se Imo•
d) restore, rehabilitate, enhance and maintain Municipally-owned cultural
heritage resources properties;
e) am8R d the DeFRE) ifiGR (`ontrol By laW to imPlomeRt the Dnlinio of fhic
PlaR -r
with rmeSpeGt to heritage stuEf�za 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
of heritage structures which cannot be incorporated into new
developments.
aa) Existing subsection 83.6 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.
,
identify s u^h areas of eGterd by nn nnnliGati^n
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 SigRifiGan
rdeyelnnment will be nnRsepierd thmugh oifhor preservation on-site or by
removal and documentation_, ^r preservation •nn_oi+o 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 h satisfaGtieR:ie; URiGip^ it and the PFOViRGe. The
proponent is Fequired to Gensult with First Natiens peoples wheR human
remains nrn rdisGeyere d that nro believed to be ^f native ^rigiR
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'within am
d 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
G9FRe;-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 (;E)FReF.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 500 250 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.
'age. It is ml iniGipal PnliGY that,
a) the design and male of sign age shall Ge mpll.er�eRt FatheF thaR
rlorpiRate the IaRGISGapp'
shall be iRGeFp9pated as lnrtegral port of a 161ilydiRg or site laye"`t an
wherever possible; J
G) it will net uRduly detra(3t fmm the overall v;sual attFaGtiveReSS 9f the
.built env nmonf for both pedestrians and rrmetGrists•, aRGI
pedestrians or motorists
areas of the M inini'pality.
ff) Existing subsections 10.4.5 and 10.4.6 are deleted in their entirety.
19.4.5 TOWR and Village GeRtFeS shall be develeped iR aGGc)FdaRG8 With the
fnlloWiRg urban design pripniplos•
19
Cnnlal Interaatlnn'
squares, PE)Gket e e
0
d\ the pedestrian erniirnnmenf is paramount in all TOWR and Village
Gen*roc and will be enhanped thrni gh davelnnmenf which is hi Oman in
. 1ews and the pravicinn of street hennhes aWninnc pedeStFiaR
Eal lighting, and stF et°;Ga'pe znmr eRits
edge of�2�,�1°}� rn�iide a sense Of eRnln��
G� �
levels, arran ymeRtanrd height of WiRGIG S anrd building mater
CoRsadeFatiGR Afthe Teq tirements of Centlnn 19.9.3; and
ccl-crrrGGTT�T�QCCC7Q7-7-- T"TCI
visibility,h) publiGsafety will be eRhaRGed ;R the design and siting of bLAildiRgs and
>
and U mnhctF- anted views from streets and hi ildlnac
10.4.6 of the i,GaI DI n and CeGGR(dan Plans, Dey nm htialI
nnmphi with area cpenifin urban rdesirvn g tirdelines
fnr pedestrians wherever pnscihle•
e � '
b) ar innarres should he citete the sie, Fear��r Una-eerrrtrn9iWRd
wherever pncsihle•
r
decigR and land rape treatment•
r
d) high quality landsGape treatmeRt shall bepFC)V'ded with patG,
for pedestrians and mitigating heat island effentc•
r
20
shadows and shall 8RhaRGe views ef Iandmapk build iRgs, parks and
E)p8R spy
i
ig7htiRg immpa,nfc will be minimized;
the riringinal h„ilding'nn the Inf;
MiGipa, - ReGe M PaGtS Will be mitigated, the areas will be SGF88R
wheFe ReGeSsary and shall geRerally be leGated at the side or the Pew:
of the-buildi44g;
i�pp_9peR s, rage is permitted-,lane nnnnenfing abUtfing nrnnerties shE)uld he nrnvided wherever
pessib""
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 #eltewing
PEAG'eS shall apply te the developMeRt ef drive threugh faGilities where
they are nermi+fed•
,
nriecr e Nn'nn n off the�a� i ;nne anrJ nn narU,r mary
spaGes nr drive aisle shall beIQ�tet
withiR-the set'b@Gk area;
G e-�� h-fa�tiessha ll be sufficieRt{y G°paFat
from
residential uses to avoid issues of land use nnmnafihility;
,
prev°v-rnrt vehic-le s ft ern iRter-feFIRg With to an�ndc)ff-site y6_hir_, A
e) anv addifinnal nnlinies as may he GO in Sennndan! Dlanc u
v ,
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
adiacent streets and properties, and to create more pedestrian
oriented streetscapes;
e) the development of street facades 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:
10.6.4 In the review of development applications, the following site d °l.,pmeR+
an4 urban design rri�c} policies 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 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 aggh Nrinr :
a) to promote a variety of urban forms including plazas, free-
standing stores, and mixed use buildings;
b) to create a consistent-Gy of building setbacks from the road and a
harmonious architectural style shoOld be achieved-,
c) to support an automobile-oriented environment is °^+mina+ 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 she �ldbe ,>1evided
from the street to the store entrance, and between buildings.
kk) Existing subsection 10.8.3 is hereby amended as follows:
10.8.3
Highway Commercial Districts shall be developed in accordance with the
following urban design policies: R S +� 18.8.2and the f^IIeWiRg 'k+
dFi\!elepm°n+ nriteria shall be imnl°mnnf°rl•
a) a floor space index for any development not exceeding 0.30;
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) GornpliaRGe With the provisions of 10.9.4.2 10.4.6 „) t„ i�
11) 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: ensideratiOR-S.
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 -�) signage shall be minimized; aR-6
and appropriate read a theFity reg iicemonts
mm) Existing subsection 11.3.1 is hereby amended as follows:
-11.3.1 Employment Areas consist of Prestige Employment Areas, Light Industrial
Areas,and General Industrial Areas and Business Parks as designated on
Map A.
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:
"113.3 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 Ion term;'
erm;'
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 to 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 +„ f ; ys 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.
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 betweeq 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,
FefiRiRg, 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 utill ho perm itte d pmyirde d that it is prepe Fly SGF88 ed
f.Fern-p rG ,^i°c��4 -'r'c '..°-Re-pally Re e Geer! 5,�--v-v7-ef the site ar°cu and to
as maximum height of 5 metres. Outside storage shall generally be located
at the rear of the property.
26
11.7.4 TFUGk teFminals, inGludiRg the FepajF,
fr°ncn^r+ „ohiGleS 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.
OR te'the limits ef a hamlet, a S8#18M8Rt GapaGity study shall be
Regi✓TT'ef Durham'm-iR Gvnc U1tai'rvGTl-wi#TCTfT: then a-geRGTes +e provide the
feltewiR-g
the availability and quality of gFG inrlwater nn a Inns ter e
nnmmi Ral coniinoo, innit Jinn FeseaFoh'inf•o the feasibility Gf
vv��n[
Gvnnontinn ex4stinry del eolepmept fr) s inh systems;
, where
r�nfim�l coniininn alterRatiye;
d_aR assecmon+ of urfa 8 dr ,
a
hew Rew nrewth will be nomnlomonfr Fy +o and nonsisteRt with,.. y.....��� will .. ..v �1.. i i�u�y w, and vvi f.�rsn.Trc rntir-i�-crrc
hicfnrin nhapaGter of the area;
as eRVironrnonfnl inveRter i and asse smeRt of the impact of ne
gFE)y fh nn the nqt irnI hi d1f and ni�It FaI onvirnnmonfo•
i,....�., .. , vu��u�u� vrvirvrn-rTV r-r�.�
h) aR roasses smonf of nyni em R ves S inh nc G9MM Rao
systems;
i) aR arsessmeRt of the Gt nn agFIGUIt oral '1 Rds nrl the
ldeRtifiGa�nn of diroofi/�Rr�8� for wh�iGh will minimize of G
. TQ... r�T�q�'GLT�GTITJTC'r.F.�.
imnanto and a sfofomonf of nonformity fo the AAinimum (li tapGe
Separatien Formulae; and
j) etheF infermat'GR as may be deemed neGessaFy by the MURiGipality
nr the Region of D �rharn
v ,
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_. in aGGerr aRGe with
CeGt'E)R /I it 40 aR d it 4 4 1 of this PI--
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 centi„n 15. z o 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
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 9e£-tieRS
15.3.8, 1 5.3.9 and 15.3.10 respeGtiriry 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 SeGti„r, 15. z o
shall not be subject to the requirements of an Environmental Impact
Study; a Hydrological Evaluation, or a Natural Heritage Evaluation S8Gti9R
,
i .- .i-0 o-f r thri s-PrlaR
.
zz) Existing subsection 15.3.8 is deleted in its entirety and the subsequent
subsections are renumbered accordingly:
The p irpese�of the Peer Review will be to ensure that the Study satisfies
28 ---
the Peer Review, the MURiGipality will eRG06irage the appliGaRt tG pay the
GOGets of the Door Review, whinh nnsts shall be reasopahle
aaa) Existing subsection 15.3.9 is deleted in its entirety and the subsequent
subsections are renumbered accordingly.
15.3.9 AR AggFegate E)(tFaGtiGR Area Study shall addpess the felloWiR
a) a rlesnriptinp of the nnpteyt of the prnpnser•d applinatinn ipnlU dips
e,,(4sting andferm feaatures a1atural he4age feat rro c+ OR and
arnhaeeleginal resiq ernes evisti g and planned land i ices adjanenF to
linensed pits and evtrantinn limits an ahandORer•d pits;
e rd o
nv)aR eAFaGt}G-pla4�,,
p rnient to drips into annni int applicable prnVipoial standards;
1
adjanent laprds anrd-their eneloninal fi pc-Ugns•
the o jjeGtive-s e-a_arca_wide rehnhilitatieh plan;
the Natural Linkage Area as iveRt rtied nn Map n-
h)t-he+laa#efs set eut-; SeGti9R 15.3.19, a nd 1 3 1 1 tG 15.3.14
innli c
i\ the Ma# s set n��t in Sentinn 19.44• apd
,��tiT-rcr �c..rQCrc-rrr �ccrrvrr— - ,
to address the applicable pnlinies of this Plan
bbb) Existing subsection 16.8.4 is hereby amended as follows:
SPECIAL POLICY AREA F
16.8.4 Tire applicable urban design goals of Section 10.4.9.2 and urban design
policies of Section 10.4.9.3 phi rrp-rGiPles Of Se"c iGR 10.3.2 and the site
development criteria of Sentinn 40 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
4) an-environmental impact study; as Set O t iR SeC-tine 4.4 35 of this Dlon
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 files of Section
10.4.9.1 10.3.2 and urban design policies site '-eyelepmeRt r+ri of
Sections 19.3 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 Proiect Areas and Subareas are shown on Map
I of this Plan. It is the intent of the Municipality to prepare community
improvement prc�eGt 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
folows:
Firms$ Dri6rity Seeand Priority Third Priority
'Bowmaqn�.411ea Qi 1harea B3 BewmaRViIle*,Sijbarea 134
Hie Sub Pea 135 NeWG, Vill rt . Subar—ea N2
HamptGR Rnniskillon
�1
1' e WG. V Laskard K8Rd-aI
OFE)RG Hayden -
QaFingtell ER8Fg\/ iN8MAeRVille
Mi+nhell QGFR8FS
R gnu°�i-r`tc°—sss parrrl`c
"22.3.2 The Community Improvement Proiect Areas and Subareas are prioritized
as follows:
Completed First Priority
Bowmanville B2 Bowmanville B6
Newcastle N1 Bowmanville B7
Orono Courtice C1
Courtice C2
Second Priority Third Priority
Bowmanville B3 Bowmanville 131
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 pFc)jeGt 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 prejeet 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) ::sing the pmyislaR of the Lop-al ImprevemeRt 4Gt tG : pgpade
rr ,
e� encouraging public participation in the preparation of community
improvement project plans;
fg) encouraging infilling, redevelopment and other land use intensification
activities;
g#4)supporting the preservation of historic or architecturally significant
buildings and the use of funding programs under the Ontario Heritage
Act; and
h+) 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 PrejeG 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 Gonni:rroRG of
consult with the Region prior to the approval of any community
improvement rir plan.
jjj) Existing subsection 23.1.2 is hereby deleted in its entirety and the subsequent
subsections renumbered accordingly.
23.1.2 The M tnioin amlity�will develop, to nvn�e--rr-ation With Tthe,Healthy
f n Rir}i�S GOMMTi t series of Lori "quality of lifett inrdic;atc)Frno
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 may he amended from time to time 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.
nt thlio meeting at least once every 5 dears to nnnsirder the need fnr a
GgMlgt review of the Offioial Plan or signifinant nmmPrnnents 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. byL
a) pUbliGation iR a newspaper that is, in the Clerk's
general nirnUlatinn in the area to Whinh the nronnsal would apply;
aRt9t
b) PeFSGRal sePAGe eF pre paid first Glass mail, t9 every (DwneF, 9GG61paRt
E)F teRaRt d laInd in the area arid withiR 120 metres of the area te w
the prepesal weuld apply at the address as shGWR OR the last revised
WPitten notine of a nhange of 9WRershin nr nnnt mangy of land notine
,
aLRTaTC.sJa set eut"iR wn tteR R9ti Ge, r,
G) p8FSGRal sep.,iGe or prepaid first Glass mail te every PeFSOR and agenGy
that has given the Clerk a WFitten request fnr st toh nnti6e in resneGt Of
the pFepeserd Plan By laver andl er amendments thereto 11
- 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 23.1,5 23.1.4;
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 23.53 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 iR aGGG)FdaRGe With SeGtiG;-4.4.3° of thi-s
P a4-:�T 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 ^r^,,,°;^^° of this PlaR 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 years
or more, and building permits have not been issued, Council may use
its authority under Section 50(4) of the Planninq Act to deem it not be
a registered plan of subdivision.
2.3.6:6 Council shall require that approvals of draft plans of subdivisions include a
lapsing date in accordance with. Section 51(32) of the Planning Act.
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 b Miring nr ctrl +i ire
Gonsepa at;GR A !t-hopity, g9V8rnmen RtaF'G er the GGyemmeRt
o c c.-m7'r'rcrr cu��v-vt—cr-n—�v�v-crrmTCrrc
)f QaRad a,
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 struptures; an4
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
i) 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
pollution and water consumption, stormwater management controls,
tree planting and other enhancements to the natural environment;
e) protects, enhances or restores the Municipality's t 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, iRtegrates with S FFG Riling ultimate land uses and
aadddFeessses impacts due tO r v'r e, tFaffiG, evepshadOWiRg, and WiRd
effe . ;
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; apd
i) 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.
the-AariniRg AGt to ar dFass all rafters nnn+ainerl therein, iRGI i4iR
ttt) Existing Section 23.8 Site Plan Control is amended by 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.
23.8A 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:
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.
oast side of ProstGRyale Road shall 8Rd ire f d ar a perie of 15 year from
V
the date f approval f this peliGy of frFiE;i.al Plan If the site t
b°�� � ,dfGF � mi tnity paFk puFpeses withiR this perie�the site
'
shall be deemedt., be rdeSinnated "Urban R8S' del" anrd may ho
rdeyelepe d in aanarrdanno with the naliaios far that rdo innatinn
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
sub.section 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 major cultural or arts facilities;
c) the provision of public squares, arcades and walkway's 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.
23.143 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:
'23.15 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 fora 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 in
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 Planninq 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
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/Recvcler: 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 and
identified as being important to a community, These resources may be
identified through designation or heritage conservation easement under
the Ontario Heritaqe Act, or listed by local provincial or federal
iurisdictions.
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
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:
L addresses long-term population projections,
infrastructure requirements and related matters; and
H. considers cross-iurisdictional 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 b\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 ancillaN
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 11 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 GGRdUGted by a qualified maFket
I 8RtFal n Feas .
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 ,R aEEeTFaRGe with SeGtieR 4.4. 5 of the 04ir--tal Plan, 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
Map C. The ,F=RvirenM8Rta1 i a-^Gt Study shall be p epar�,ed-ice aGGGFdanGe
with i1 sl 35 of the M Ririp lity of Glorinrgt Qgirial Dlari
v�ci i-r--rT'v-v-�r�rn.-�vrcrrrr
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 deSirvr,
fief shall be prepared to confirm and control the intended pattern of
development within the Neighbourhood.71 In addition to other matters, Tthe
Community Theme and Urban Design Implementation Plan shall include:
b) the proposed network ef reads, traRsit, pedestpiaR and biGYGle ;
G) a RGadSGape PlaR, that articulates SpeGif'G urbaR design issues�G
;
Ne g'hhe)Irheecd si Inh as nerner let and T infer eetien that req lire
cnenifin let and h!lildinn nlaGeMent erientatien nerd aFGhitent)Iral
.,L......:II.. I.,� u)lu 6/CA!IlAll,y Nru��n!c ,
features•
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.-
GORfiguFatiGR 9f Uses SUGh as sGheel sites, parks., ,
hl iffers environmental and ca ultu u al heritage featu u
7
7
in
IiTfh e e 'e,nt that the site is nfetr q RT)red for SGhenl A'7G
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, she traffln imnant study shell be prep.-.red and stamped h..
registered nrefessienal enniReeTand address the felle\a iRg:
a) trip neneratien by medal Split u r.cdeF G r.+7 future and I ltiFn
GleRditiens rennnRi-iRg the deyelenment netentiel of ether lands;
1 7
11L traRhe\6 ay&
V I ICI U-fTGL�T�T
) GR site vehinl Iler eiml)latieRw,
,
e) nedestriaR and hic. ..I. lat-ic.r,•, and
f7 treRsit enness and amenity rent irements
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.
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
L 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 Sh9WR OR Exhibit "B" to this A monrdmonf
.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 obiectives 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
adiacent 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 Study potential fora specific type.of retail. The study will also analyze 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 Study 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.
Energ 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:
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 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. .
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 study 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 h,, d�gically 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 buildin' .q 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 just 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 adjacent 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,
I
--- 51
Re ort 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 suppiy 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 proximitV 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
Repo 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
trig 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.
ExhiGif"A"—Amendment-No.77-T6-The Munidipallify of Claringfon Official-Pidn",
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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.
Attachment 2
To Addendum Report PSD-009-12
Armstrona Harrison Associates
PLANNING & LAND DEVELOPMENT SERVICES
3 Maple Crescent Box 137 BCE-RR 2 Hawkestone ON LOL 1TO
Phone 705-330.0104 E-mail askronObell.net
Re: Municipality of Clarington February 13 2012
Report PSD 09-12 - OPA 77
Outline of my presentation to Council at 7:00 pm February 13 2012:
Introduction: Ronald St. C. Armstrong, of the firm Armstrong Harrison Associates, representing
ABES AUTO RE-CYCLING on development matters relating to relocation of the business now
operating at 2532 Concession Road 3, Bowmanville. This relocation is now frustrated due to certain
provisions of OPA 77, which I will discuss with you now.
By way of background, ABES Auto Recycling deals with end-of-life, insurance write-off, scrapped,
disabled or abandoned vehicles through disassembly and sale of parts, proper disposal of hazardous
materials and fluids, and dispatch of the remaining bodies for recycling into new steel products.
These endeavours are probably of significantly more benefit to the environment than the recycling of
a few hundred thousand Tim Horton's coffee cups, and the business deserves to be treated with
some respect.
The business is legal non-conforming in a Residential Official Plan designation. It is not appropriate to
continue carrying on this intensive use within a developing residential area. Responding to the
inappropriate situation, the owner acquired a property in an employment area on Baseline Road in
Courtice. A major factor in the purchase was the availability of rail service to the site to enable a
major expansion of the business. Following consultation with Staff, applications were submitted for
OPA, zoning and site plan approval.
On Monday March 05 2007, Council approved Report PSD 028-07, referring those applications back,
to staff for further processing.
Almost immediately MTO advised the owner and the municipality that it would require the Baseline
Road property for the interchange at the East Link between Highways 401 and 407.
An intensive search for a replacement property was then carried out. We had first been advised to
seek a property in the General Industrial area on Trulls Road, however after extensive investigations,
it has more recently been determined that the proposed use does not serve the municipality's "Vision"
for that area. The search continues, and this brings us to the topic of OPA 77.
Today's report contains a number of Sections that will if approved prevent ABES from moving to any
location in the Municipality of Clarington. REPEAT. A move within Clarington cannot take place if
OPA 77 is not revised. There are unintended consequences for developers in Northglen, because of
the freeze imposed on lands surrounding ABES Auto Recycling pending abandonment of the legal
non-conforming industrial use of the site. Neighbouring residents are probably unaware that
relocation of the business is frustrated due to the provisions of OPA 77.
Seeking to resolve these issues, we have met with Staff to discuss suggested clauses for OPA 77
that would address these matters. We wanted Staff to meet with our planners and solicitors to draft
suitable clauses, intended to (1) relate only to this specific situation (2) would
not apply to any other similar business seeking to locate in Clarington; (3) would not be
transferrable, and (4) would officially end the industrial use in the residential area
and (5) would require approval of the complete circulation of planning documents— all of Clarington's
requirements would have to be satisfied.
Our request for the working meeting was not granted. Staff appears to believe that OPA 77 is not the
venue to deal with this situation. Our experts are of a vastly different opinion. We believe that an
Official Plan Review is the appropriate time to deaf with matters that are essential to a properly
functioning Official Plan.
I remind you also that the planned increase in employment is between 100 and 125 persons. The
owner has thus far shown great loyalty to the Municipality of Clarington throughout this process.
There is a risk to Clariington of loss of the existing employment base to another municipality if this
matter is not satisfactorily dealt with now.
You have report PSD-09-12 before you today for a vote. You have the usual 4 options:
Approve Deny Table Refer back to Staff.
I advise you that a referral back to staff for an addendum to this Report can be concluded within 4 — 6
weeks. In the interest of avoiding long and costly OMB proceedings or to significantly shorten the
length of a hearing resulting from any appeal, I make the following request: that Council today refer
OPA 77 back to staff so that Staff and our consultants can draft suitable clauses to be included in
OPA 77.
My request is now before you.
Available for questions:
Yours truly
Ron Armstrong
Armstrong Harrison Associates
Attachment 3
To Addendum Report PSD-009-12
Most recent Notwithstanding Clause submitted by Armstrong Harrison Associates
11. x.x This Section is intended to encourage and facilitate only the relocation of the
existing business known as Abe's Auto recycling, currently operating at 2532
Concession Road 3, Part of Lot 13, Concession 3 former Darlington Township:
Notwithstanding subsections 11.3.2, 11.7.2, 11.8.2, 11.8.3, 11.8.5, 11.9.2 (a),
relocation of the business known as Abe's Auto Recycling of 2532 Concession
Road 3 to suitable Employment Lands may be permitted subject to the following
specific provisions which in context may be implemented in any Zoning provision
and/or Site Plan or other implementing Agreement made between the Owner and
the Municipality of Clarington;
Outside Storage not exceeding 50% of the site area is permitted provided that the
site is screened from public view either by existing natural features of the site,
topography and/or vegetation, and/or by the continuous application of berms,
landscaping and tree planting;
No more than 12 hectares (30 acres) of any site including open storage shall be
used for vehicle recycling; and
For purposes of this Section, EOL (End of Life), wrecked, insurance write-off,
scrapped, disabled or abandoned vehicles shall be defined as "raw materials.
That a comprehensive EIS shall be submitted with any application for re-zoning or
site plan approval that in addition to all other matters required to be addressed in
Local or Regional OP's or other planning documents shall incorporate a
Contamination Management Program including operational protocols and
monitoring for spills and leakage; the EIS shall also make recommendations
concerning the physical properties of surface materials to be applied to the site, and
recommending enhancements to Stormwater Management practices as appropriate
to the proposed uses;
That the terms of reference for professional environmental consultants to be
retained by the proponent shall be submitted for review and comment by staff of the
Municipality of Clarington in the context of the operational uses intended to be
carried out on the site;
That if relocation is proposed in an area intended to be serviced, the owner shall
enter into such financial or other Agreements with the Region of Durham and/or the
Municipality of Clarington with respect to the installation of Regional or Municipal
services, such that there is no adverse impact on the timing or funding for the
installation of underground municipal services, and including provision for the
location and servicing of such collector roads as may be required;
That upon occupancy at any new location the owner will acknowledge
discontinuance of the legal non-conforming use of 2531 Concession Road 3 part
Lot 13 Con 3 former Darlington Township."