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PDS-036-22
Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committee Date of Meeting: September 12, 2022 Report Number: PDS-036-22 Submitted By: Carlos Salazar, Director of Planning and Development Services Reviewed By: File Number: Report Subject: Mary -Anne Dempster, CAO S-C-2018-0003 & ZBA2018-0014 Resolution#: JC-040-22 By-law Number: 2022-047 Draft Plan of Subdivision and Rezoning for multiple properties in the Hancock Neighbourhood, Courtice Recommendations: 1. That Report PDS-036-22 and related delegations or communication items, be received; 2. That the application by Nash Development Limited (Marlin Spring) for a Draft Plan of Subdivision and Rezoning, on the west side of Hancock Road, north of Nash Road, Courtice be supported subject to the conditions contained in Attachment 1 to Report PDS-036-22; 3. That the Zoning By-law Amendment application submitted by Nash Development Limited (Marlin Spring) be approved as contained in Attachment 3 to Report PDS- 036-22; 4. That once all conditions contained in the Official Plan and the Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 5. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 036-22 and Council's decision; and 6. That all interested parties listed in Report PDS-036-22 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-036-22 Report Overview Page 2 The purpose of this report is to recommend approval of the Draft Plan of Subdivision (Attachment 2) and Zoning By-law Amendment submitted by Nash Development Limited (Marlin Spring) to permit 138 residential lots, consisting of 112 single detached dwellings and 26 semi-detached dwellings. The subdivision would include the extension of Tabb Avenue and Broome Avenue and new north -south and east -west local roads. The subject lands are in the Hancock Neighbourhood in Courtice (see Figure 1). 1. Application Details 1.1 Owner 1.2 Proposal IM Nash Development Limited (Marlin Spring) Draft Plan of Subdivision The proposed Draft Plan of Subdivision would permit 138 residential lots, consisting of 112 single detached dwellings and 26 semi-detached dwellings, the extension of Tabb and Broome Avenue's and new north -south and east -west roads. Zoning By-law Amendment To rezone the lands from "Agricultural (A)" and "Environmental Protection (EP)" zones to appropriate zones that would permit the single detached and semi-detached dwelling units. 6.78 Hectares 1.4 Location 1828, 1830, 1832, 1834, 1836, Nash Road and 3056, 3090, 3112, 3124, 3136, 3142, 3150, 3158 Hancock Road, Courtice 1.5 Within the Built Boundary Yes 2. Background 2.1 The Hancock Neighbourhood Design Plan was originally approved by Council in September 1998 (see Attachment 4). The neighbourhood plan was amended in April 2013 (see Attachment 5). The Plan was amended in 2013 to include Provincially Significant Wetlands identified by the Ministry of Natural Resources as environmentally Municipality of Clarington Report PDS-036-22 Page 3 protected. With the increase in environmentally protected areas, densities along arterial roads were increased to balance the growth objectives for the built boundary in the Growth Plan. 2.2 The Neighbourhood Plan update in 2013 changed the street and lot patterns to the current plan (Attachment 5). It placed additional lands into the Environmental Protection Area designation in the interior of the neighbourhood and focused lands for development along the arterial roads. The Neighbourhood Plan is intended to guide development for the area. The exact lot pattern and street layouts are to be determined at the planning application stage once the required studies have been submitted to support the application. 2.3 Since the Hancock Neighbourhood Design Plan was updated in 2013, there have been three developments approved in the Hancock Neighbourhood and two additional development applications submitted on surrounding lands (see Attachment 7). The approvals and the submitted plans have met the intent of the 2013 Council approved Neighbourhood Plan. 2.4 In May 2018, BV Courtice Partners LP (Trolleybus Urban Development) submitted Draft Plan of Subdivision and Zoning By-law Amendment applications. The proposal was to permit 151 residential lots, consisting of 85 single detached dwellings and 66 townhouse dwellings (see Attachment 8). A public meeting was held on October 22, 2019. Due to an error with the public meeting mailout, an additional public meeting was held on May 16, 2022. Staff heard from several residents regarding a number of concerns, described in detail in Section 8. 2.5 Since 2019 staff have been working with the applicant and agencies to refine the plan and studies through additional submissions. 2.6 In 2021, Nash Development Limited (Marlin Spring) purchased the subject lands and have revised the applications based on the comments from residents, staff and agencies. The revised plan shown in Attachment 9 would permit 138 residential lots, consisting of 112 single detached dwellings and 26 semi-detached dwellings, the extension of Tabb and Broome Avenues and new north -south and east -west roads. 2.7 The revised proposal includes the following modifications to address previous comments from residents and staff: eliminated townhouse dwellings, increasing the number of single detached dwellings and introduced semi-detached dwellings; introduced a new intersection at Nash Road, removing a previous window street; and shifted the north -south road through the neighbourhood to the western portion of the site, reducing the need for temporary turning circles within the plan. Municipality of Clarington Report PDS-036-22 2.8 The applicants have submitted the following revised studies in support of the applications: • Planning Rationale Report • Functional Servicing and Stormwater Management Report • Environmental Impact Study • Noise Control Feasibility Assessment • Phase One and Two Environmental Site Assessments • Urban Design Brief • Transportation Impact Study • Stage 1 Archaeological Assessment 2.9 A summary of these studies will be provided in Section 7 of this report. 3. Land Characteristics and Surrounding Uses Page 4 3.1 The subject lands consist of six parcels on Nash Road and seven parcels on Hancock Road. All of the parcels currently have a singe detached dwelling and accessory buildings on the lands with the exception of 1830 Nash Road which is currently vacant. The properties were mainly used as large lot residential on private services, except for 3090 Hancock Road, which is a former auto wrecking yard. 3.2 In addition to having a single detached dwelling on the south end of the property, 3090 Hancock Road has a centrally located garage that was used as part of a former auto wrecker yard. The auto wrecker use, until purchased by the original applicant in 2017, had existed on the property since 1964 according to the information submitted in the Environmental Site Assessment. Municipality of Clarington Resort PDS-036-22 tl JA 7i�George_Retis Drive Broome Avenue LA V1. Ta b Avenue Nasmoshow h F oad Page 5 /V I - 4 b A& SC 2018-0003 ZBA 2018-0014 0 r. -04 As& 7V FF Figure 1: Subject Lands and surrounding Land Uses. 3.3 The surrounding uses are as follows: North - Single detached dwellings, woodlot and Provincially Significant Wetland. South — Single detached dwellings and Agricultural, subject to current draft plan of subdivision application. Municipality of Clarington Page 6 Report PDS-036-22 East — Agricultural. West - Single detached dwellings, draft approved subdivision (S-C-2009-0001) and lands subject to current draft plan of subdivision application. 4. 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement encourages planning authorities to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. 4.2 Natural features shall be protected for the long term. Development shall not be permitted in, significant wetlands. Development adjacent to these features must be evaluated to demonstrate that there will be no negative impacts on the natural features or their ecological functions. 4.3 Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction, and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. Provincial Growth Plan 4.4 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas, such as the Courtice Urban Area. Municipalities are encouraged to create complete communities by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. 4.5 The subject lands are within the defined Built Boundary and within the Urban Boundary of Courtice. Growth is to be accommodated by directing a significant portion of new growth to the built-up areas through intensification and efficient use of existing services and infrastructure. 5. Official Plan Durham Region Official Plan 5.1 Durham Region Official Plan designates the subject lands Living Areas. Living Areas permit the development of communities incorporating the widest possible variety of Municipality of Clarington Report PDS-036-22 Page 7 housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. 5.2 The Region of Durham Official Plan identifies Key Natural Heritage and Hydrologic Features on the subject lands. Development or site alteration is not permitted in Key Natural Heritage and Hydrologic Features, including any associated vegetation protection zone, as determined through an Environmental Impact Study. 5.3 Nash Road is a Type B Arterial Road in the Region's Official Plan. Clarington Official Plan 5.4 The Clarington Official Plan designates the subject lands primarily Urban Residential with some Environmental Protection Area along the north limits of the proposal. The Urban Residential designation is predominately intended for housing purposes. A variety of densities, tenure and housing types are encouraged, generally up to 3 storeys in height. 5.5 Consistent with higher levels of government planning documents, the Clarington Official Plan supports opportunities for intensification within existing neighbourhoods, while having regard for established residential areas. 5.6 Table 4-3 of the Official Plan provides the Urban Structure Typologies for specific areas of the Municipality. These areas are where growth and higher intensity -built forms are to be directed. At the edge of neighbourhoods and adjacent to Arterial Roads, ground - related units are permitted with heights between 1 and 3 storeys. 5.7 Natural Heritage Features are identified and mapped on the subject lands, including being within the Lake Iroquois Beach. The natural heritage features are designated Environmental Protection Area. The natural heritage system is to be protected and enhanced for the long term to promote responsible stewardship and provide sustainable environmental, economic and social benefits. Studies will determine the appropriate development limit and vegetation protection zones in accordance with the Official Plan. 5.8 Low -impact development stormwater systems are permitted within the outer limits of the vegetation protection zone of a natural heritage feature provided the use is supported by the Environmental Impact Study. 5.9 Nash Road is a Type B Arterial Road and Hancock Road is a collector road within the Clarington Official Plan. Hancock Neighbourhood Design Plan Municipality of Clarington Report PDS-036-22 Page 8 5.10 Within the Hancock Neighbourhood Design Plan, the subject lands are identified with a mix of 10m and 12m single detached dwellings, existing residential and medium density along Nash Road and Hancock Road. 5.11 Environmentally sensitive areas have been identified in the Hancock Neighbourhood Plan (see Attachment 6). The areas were identified based on information received from the Ministry of Natural Resources and Forestry and preliminary work completed by Niblett Environmental Associates. An Environmental Impact Study is required to assess the features on each site, determine buffers and identify development limits. 5.12 The existing residential designation was included in the Hancock Neighbourhood Design Plan to recognize existing dwellings where the long-term plans were not known. The designation did not indicate a new dwelling form (i.e., medium density residential identified on the former auto wrecker site, as the dwellings may have remained); however, the designation allows for alternative dwelling forms should redevelopment be proposed. 5.13 The Hancock Neighbourhood Plan includes the extension of Broome Avenue to Hancock Road, the Extension of Tabb Avenue and new north -south local roads that connect the neighbourhood. 5.14 Approved Neighbourhood Plans will continue to provide guidance for the development of neighbourhoods unless superseded by a Secondary Plan. If a proposed development is not in keeping with the intent of the neighbourhood design plan the plans would need to be amended to a Secondary Plan. The proposal is consistent with the approved Neighbourhood Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A) Zone" and "Environmental Protection (EP) Zone". 6.2 A Zoning By-law Amendment is required to permit the proposed single detached and semi-detached dwellings within the subdivision. Block 131(see Attachment 2) which contains a vegetation protection zone, would be placed in the Environmental Protection (EP) Zone. A draft Zoning By-law Amendment for the subject lands is provided (see Attachment 3). 6.3 The proposed Zoning By-law amendment will include a Holding Zone. The Holding Zone will remain on the lands until a development agreement has been executed and final approval and clearing of conditions is complete. There will be a condition that requires the potential site contamination (in relation to the former automotive recycling facility) to be addressed prior to registration of the proposed subdivision. Municipality of Clarington Report PDS-036-22 Page 9 6.4 The Holding Zone will remain on future development Block 128 (Attachment 2) until development applications are approved on the adjacent land to the east, the appropriate agreements are in place, and required conditions fulfilled. 7. Summary of Background Studies Planning Rationale Report, The Biglieri Group May 2018 and addendums dated July 4, 2019, July 23, 2020 and March 4, 2022 7.1 The report and subsequent addendums provide an analysis and planning justification for the proposal. The proposal was revised for a mix of single -detached and semi- detached residential dwellings and provides zoning provisions to address compatibility with the surrounding area. The street layout was modified to provide a direct connection between Broome Avenue and Nash Road. Functional Servicing and Stormwater Management Report, Candevcon Limited, March 2022 7.2 The site will be serviced by the existing Macourtice stormwater management facility. It will provide sufficient quality and erosion control for the proposed development. A sanitary sewer system will be located within the road right of way of Nash Road and a watermain distribution system will be located within the road right of way of Nash Road and Hancock Road. 7.3 Low Impact Development (LIDs) measures for stormwater runoff are proposed. Updated Scoped Environmental Impact Study, Dillon Consulting November 2018 (Revised July 2019, September 2020, April 2021) and Addendum #1, dated March 4, 2022 7.4 The Environmental Impact Study (EIS) was updated, and addendums were provided to address comments provided by CLOCA and the Municipality. 7.5 A field investigation was completed which identified residential lands, an industrial area, hedgerows, a meadow, cultural thicket swamp and a small section of Scotch Pine Plantation on the subject lands. This aligns with past reports by Niblett Environmental Associates Inc. (2012) and Aquafor Beech Ltd (2006). 7.6 The Scotch Pine Plantation is of low ecological value due to the young age of trees, the presence of invasive species, gaps in forest cover and removal of vegetation from adjacent lands. The Cultural Thicket Swamp does not support significant wildlife habitat and/or species at risk habitat. In addition, surface drainage is currently interrupted by the remnant drainage feature which directs flows to the catch basin located at the Tabb Avenue cul-de-sac. Municipality of Clarington Report PDS-036-22 Page 10 7.7 The EIS proposes compensation to justify the removal of the 0.21 ha Scotch Pine Plantation and 0.48 ha Cultural Thicket Swamp. The compensation will include a 15 metre vegetation protection zone totalling 1.45 ha. 7.8 The woodland feature associated with the Study Area is considered significant based on the Official Plan definition. However, the EIS supports refinement of the significant woodland boundary consistent with Section 3.4.4. of the Official Plan. The open space block north of the lots on Street A will be subject to an edge management plan and the area will require plantings to enhance the edge of the woodland boundary. The plantings will be monitored to ensure their survival. 7.9 An edge management plan is proposed to include re -vegetating 0.05 hectares of the 0.07 hectares of Scotch Pine Plantation that will be removed from Block 128 to accommodate the drainage swale. Only 0.02 hectares of the removals are associated with the Scotch Pine Plantation for the drainage swale. This EIS states this is consistent with section 3.4.17 of the Official Plan since there will be no net loss of the vegetation protection zone. 7.10 The EIS and the Functional Servicing and Stormwater Management Report have demonstrated that the drainage swale within Block 128 will be designed to meet policy 3.4.9 which permits low -impact development stormwater systems to be located within the vegetation protection zone. 7.11 It is recommended that clearing of trees be avoided during bird breeding season. If bat maternity roost habitat is found, then vegetation removals will need to occur during non - active bat periods. 7.12 Although no botanical species at risk and/or species of conservation concern were identified, three species rare in Durham Region were observed, Hoary Willow, Canada Hawkweed and Large Yellow Lady's-slipper. It is recommended that these species be transplanted prior to vegetation removal activities. Noise Control Feasibility Study, Candevcon Limited, March 1, 2022 7.13 A Noise Control Feasibility Study was completed for the subject lands. The lot that flanks Nash Road at Street B will require acoustic fencing to protect the rear yard from vehicular traffic noise on Nash Road. Some lots adjacent to Nash Road and Hancock Road will require an air heating system designed to accommodated central air conditioners in the future. Phase One and Two Environmental Site Assessments 7.14 Phase One Environmental Site Assessments (ESA) were prepared by OHE. Potential environmental concerns related to previous uses resulted in a recommended Phase 2 Municipality of Clarington Report PDS-036-22 Page 11 Environmental Site Assessment, A Phase 2 Environmental Site Assessment report was provided for 3090 Hancock Road. 7.15 A Soil and Ground Water Impact Delineation investigation was completed. It concluded that additional work is required for the 3090 Hancock Road site including remediation/risk assessment prior to submission of a Record of Site Condition. Urban Design Brief, The Biglieri Group Ltd., revised June 2020 7.16 The brief demonstrates how the proposal should align with the General Architectural Design Guidelines and the policies of the Clarington Official Plan. Architectural elements are to be integrated and consistent with the existing character of the adjacent neighbourhood. Transportation Impact Study, WSP, April 2018 and addendums dated July 13, 2020 and March 2, 2022 7.17 The Transportation Impact Study demonstrates that the traffic generated by the proposal can be accommodated by the existing road network. The proposed parking supply satisfies Clarington's requirements. The subject site is also within proximity of active transportation facilities such as sidewalks and the on -road cycling facility on Nash Road. Stage 1 Archaeological Assessment, Archaeological Assessments Ltd., January 8, 2018 7.18 The results of the Stage 1 assessment indicate that most of the subject property has potential for archaeological resources. It recommended a Stage 2 archaeological assessment be completed prior to the development of this parcel of land. No soil disturbance or development activities should take place on the subject property until after a Stage 2 archaeological assessment has been completed. 8. Public Notice and Submission 8.1 A public meeting was held on October 22, 2019. Due to an error with the public meeting mailout, an additional Statutory Public meeting was held on May 16, 2022. Public notice was mailed to each landowner within 120 metres of the subject lands and signage was posted on the property. 8.2 The application was posted on the municipality's website. The details of the application were included in the Planning and Development Services E-Update. 8.3 A letter was sent to all interested parties advising them that the recommendation was scheduled and details as to how they could register as a delegation. Municipality of Clarington Report PDS-036-22 8.4 A list of concerns identified by residents included: Page 12 • There will be increased traffic in the neighbourhood. Also, increased traffic on Hancock Road as the only access to the subdivision until lands to the west are developed will be via Hancock Road; • Concerns with parking on public streets given the number of dwellings and townhouses being proposed; • Many residents walk on Hancock Road, which is a rural road, and the increased traffic makes it dangerous as there are no sidewalks; • The proposed development is not in keeping with the existing rural residential neighbourhood character. There are no townhouses in the surrounding neighbourhood; • Concerns with the trees that will be removed to facilitate the development; • Durham Region Transit does not service this neighbourhood; • Townhouses will target lower income families and devalue the neighbourhood; • Concern regarding potential impact on resident wells and septics in the neighbourhood; • The lands to the east, currently agricultural lands, drain towards the neighbourhood and can cause a lot of standing water on properties, especially during the spring months. Some residents are concerned the development may increase the amount of water on their properties or the potential for flooding on their property; • Concerns regarding the proposed servicing to ensure it is consistent with previous development approvals to the west; • Questions and concerns regarding the remediation of the former auto wrecker yard on the lands at 3090 Hancock Road; • Concern with abandoned houses on site that are not secure; • Impact on local parks and schools with an increase in population in the surrounding neighbourhood; and • Concerns regarding loss of greenspace, protection of environmental lands and adjacent provincially significant wetlands. Lack of recognition of forested area, wetland and tributary on site. 8.5 A petition was received with approximately 100 names from individuals residing in the area. They are opposed to townhouses, urban sprawl, no additional parkland and environmental impact to the loss of open space, farmland and wildlife habitats. Municipality of Clarington Report PDS-036-22 Page 13 Solutions offered by the developer to address these concerns included single detached units surrounding 1 block of semi-detached units and maintaining green space with a buffer between the Duval Street Homes. 9. Agency Comments Regional Municipality of Durham 9.1 Region of Durham Planning and Economic Development Department advises that the draft plan has been reviewed and provided comments regarding Provincial Plan Policies, Regional Plan Policies, municipal services, transportation, and transit. 9.2 The Region states the lands are designated as Living Area and are intended for housing purposes ranging in a mix of housing types, sizes, and tenure. 9.3 According to Schedule `B', Map `B1 e' of the Regional Official Plan (ROP), there are Key Natural Heritage and Hydrologic Features (KNHHF) on and adjacent to the subject site. The ROP requires any proposal for development or site alteration in proximity to KNHHF to include an Environmental Impact Study (EIS) as part of a complete application. An addendum letter to the earlier updated scoped Environmental Impact Study (EIS), prepared by Dillon Consulting and dated March 4, 2022, was submitted in support of the applications and to address comments made by the Central Lake Ontario Conservation Authority (CLOCA). CLOCA has indicated that the issue of compensation plans may be facilitated. As such, the applications conform to the policies of the ROP 9.4 A Stage 1 Archaeological Site Assessment prepared by Archaeological Assessments Ltd. The findings concluded that a portion of the subject site may potentially contain archaeological resources requiring a Stage 2 Archaeological Assessment. The report will have to be submitted to the Ministry of Tourism, Culture and Sport for review. The Region will require a copy of the MTCS' clearance letter and any additional supporting information. 9.5 The Region requires copies of all Phase 2 Environmental Site Assessments to be submitted along with a timeline regarding the preparation and submission of Record of Site Conditions (RSC) to the province. 9.6 A signed RSC will be required for the former automotive recycling facility site in accordance with Ontario Regulation 153/04 (Ontario Brownfields Regulation). The Region will require a copy of the RSC and any other supporting documentation, including Ministry of Environment Conservation and Parks's Acknowledgement Letter. 9.7 An RSC will also be required for all properties where exceedances were discovered in any of the Phase Two ESA in accordance with the Region's Site Contamination Protocol. Where exceedances have not been discovered in a Phase Two ESA and Municipality of Clarington Report PDS-036-22 Page 14 where the Phase One ESA has not identified any additional site contamination work, the Qualified Person may provide the Region with a completed Regional Reliance Letter and Certificate of Insurance. Completion of these documents will allow the Region of Durham to rely upon the environmental work conducted. 9.8 The subject site is located adjacent to Nash Road, designated as a Type "B" arterial road in the ROP. A Noise Control Feasibility Study, prepared by Candevcon Limited, dated March 1, 2022, was submitted in support of the revised draft plan. The noise feasibility study included with the fifth submission is acceptable to the Region. The proponent is required to implement the recommendations and warning clauses as required by a development agreement with the Municipality of Clarington. 9.9 The proposed sewage flow is within the anticipated sanitary design flow range for the subject property. Sanitary servicing and water supply will be provided from existing sanitary sewers and watermains on Harry Gay Drive, Broome Avenue, Tabb Avenue, Hancock Road and Nash Road. 9.10 No concerns were noted with the proposed development from a Regional Transportation Planning perspective. 9.11 The Region has no objection to the draft approval of the plan of subdivision application subject to including conditions of approval to be satisfied prior to clearance by the Region for registration. Central Lake Ontario Conservation Authority 9.12 Staff at the Central Lake Ontario Conservation Authority (CLOCA) have completed their review of the proposed plans and supporting materials for the Draft Plan of Subdivision S-C-2018-0003 and associated Zoning By-law Amendment Application ZBA 2018-0014. The proposal is consistent with the Hancock Neighbourhood Design Plan and the Clarington Official Plan. 9.13 Final technical review comments were provided as well as the Conditions of Draft Plan approval to be applied on behalf of the Central Lake Ontario Conservation Authority by the Municipality of Clarington, as the final approval authority. To move the application forward, staff have integrated the remaining technical comments into the Conditions of Draft Approval, which will be required to be met prior to permit issuance and CLOCA's clearance of the Plan of Subdivision for registration. Kawartha Pine Ridge District School Board 9.14 The Simcoe County District School Board as the acting planning agency for the Kawartha Pine Ridge District School Board offered no objection to the application. They requested standard conditions be included in the draft conditions. Municipality of Clarington Report PDS-036-22 Other Agencies Page 15 9.15 Canada Post, Hydro One, and Rogers have indicated that they have no concerns with the applications but request to be included in the detailed design process for servicing should the applications be approved. 10. Departmental Comments I In � rra►rc.�:� 10.1 The Public Works Department has no concerns; however, the applicant must enter into a development agreement with the Municipality which includes all requirements of the Public Works Department regarding the engineering and construction of all internal and external works and services related to this proposal. Emergency and Fire Services 10.2 The Emergency and Fire Services Department have no concerns with the applications. 11. Discussion 11.1 The subject lands are within the Hancock Neighbourhood in Courtice. The approved Hancock Neighbourhood Plan was designed through community consultation to balance the requirements of the Provincial Growth Plan, Durham Region Official Plan requirements and recognizing the existing natural heritage features in the area. The proposed Draft Plan of Subdivision, proposing single detached and semi-detached dwellings, the extension of Tabb and Broome Avenue's and new north -south and east - west local roads, is generally consistent with the Council approved Hancock Neighbourhood Design Plan. 11.2 When the Hancock Neighbourhood Plan was updated in 2013 there were many unknowns with regards to how redevelopment of the subject lands would occur. Specifically, how would land consolidation occur and would the existing dwellings remain or be removed. As the majority of lands have been consolidated it provides an opportunity to develop a subdivision that is consistent with the Hancock Neighbourhood Plan while introducing new elements consistent with the policies of the Clarington Official Plan. 11.3 The applicants have revised the proposal from the original submission to address several comments from residents and staff. The proposed subdivision introduces an intersection with Nash Road. The intersection is not shown on the approved Hancock Neighbourhood Design Plan. At the first public meeting in 2019, residents expressed concerns regarding new traffic having to travel through the existing neighbourhoods to access the proposed dwellings and the negative impact that additional traffic would Municipality of Clarington Report PDS-036-22 Page 16 create. The proposed new intersection to Nash Road would eliminate the need for all traffic to traverse through the existing neighbourhood and creates improved connectivity throughout the neighbourhood. This additional intersection is supported by staff to allow all circulation, vehicular and pedestrian, to flow better through the neighbourhood. The proposed intersection also allows for the north -south road to be located centrally in the neighbourhood and eliminates the previous requirements from a number of temporary turning circles. 11.4 The subject lands include natural heritage features identified in the Clarington Official Plan and Hancock Neighbourhood Plan including a woodlot and Provincially Significant Wetlands at the north of the site. The applicants have provided a revised Environmental Impact Study (EIS) that has been reviewed and accepted by the Central Lake Ontario Conservation Authority and staff. As described in Section 7, the EIS has demonstrated the appropriateness of adjusting the significant woodland and associated vegetation protection zone. There is a wetland feature and areas of a Scotch Pine Plantation that will be removed from the site. CLOCA and Staff had reviewed the proposal and are satisfied provided compensation and edge management is provided for the area to be removed. 11.5 The applicant had identified areas for compensation and edge management on private lands. They had been advised that those areas would only be accepted if the third -party owners would provide a conservation easement over the area identified for compensation and edge management to ensure the works were protected for ecological benefit. The applicant was unable to secure agreement from the third -party property owners to enter into the conservation easement. 11.6 Since an appropriate location for compensation had not been secured, financial compensation will be required. The amount will include ecological offsetting for the loss of the features and their vegetation protection zones. 11.7 Through the review of the proposal, Staff directed the applicant to remove infiltration swales from proposed lots as it is difficult to ensure they are maintained on private property. The infiltration trench located north of the subject lands will be transferred to the Municipality and will be partially located within the vegetation protection zone for the significant woodlands located to the north of the site. Policy 3.4.9 of the Official Plan permits low -impact development stormwater systems such as bioswales, infiltration trenches and vegetated filter strips to be permitted within the vegetation protection zone provided that the intent of the vegetation protection zone is maintained, and it is supported by the Environmental Impact Study. The applicant has demonstrated that the area subject to the edge management plan will replicate the forested community in densities that would constitute closed or near closed canopy conditions at maturity and will more than make up for the area needed for the drainage swale. Municipality of Clarington Page 17 Report PDS-036-22 11.8 There are existing drainage concerns on the subject lands that have been previously identified by residents and staff. Currently, the lands to the east of Hancock Road drain through the subject lands and into a temporary ditch inlet. The ditch inlet was intended to be a temporary structure, required as part of the previous approvals for the existing neighbourhood to the west, to deal with the natural drainage and stormwater until development and services extended east to Hancock Road. With proposed upgrades to the storm sewers on Nash Road and Hancock Road, stormwater flows from the subject lands will be directed to them and will flow to the Macourtice stormwater management pond at the southeast corner of Courtice Road and Nash Road. 11.9 The applicant has conducted as -built surveys of the Macourtice stormwater management pond and demonstrated that the quantity, quality and erosion volumes of the pond are adequate for the entire area of the proposal. 11.10 The applicant will be required to reconstruct portions of Nash Road and Hancock Road to service the proposal. The Municipality will undertake improvements at the intersection and once the intersection control study is complete the scope of work the applicant is responsible for will be identified. The applicant will need to enter into a separate agreement with the Municipality that will specify the extent of works, the necessary maintenance periods, and the required securities. 11.11 The applicant provided a revised draft plan (Attachment 2) after the last submission was reviewed by departments and agencies. The change accommodated a slight shift in the lot fabric to provide two semi-detached lots on Broome Avenue near Nash Road with 20 metre lot frontages in order to comply with the proposed zoning. 11.12 As a condition of approval, we have requested a revised Urban Design Brief that will include design concepts for gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the public realm. Addressing Comments and Concerns from Residents 11.13 The major concerns regarding the proposal as provided by the public are: • Increased Traffic • Not enough parkland/crowding • Identification and protection of environmental features; loss of greenspace. • Flooding, stormwater management impact on water levels. • Unsecured and abandoned houses Municipality of Clarington Report PDS-036-22 The following sections address these concerns. Page 18 11.14 The Transportation Impact Study was reviewed and accepted by Public Works. The Region had no concerns from a Transportation perspective. It should be noted that Nash Road is a Type B Arterial Road and is designed to move significant volumes of traffic. Hancock Road is identified as a Collector Roads and is designed to move moderate volumes of traffic. Although the stretch of Nash Road may have a `country road' feel, it does constitute the urban boundary for Courtice and is expected to be urbanized. 11.15 The improvements to Hancock Road, will include installation of sidewalks offering improved conditions for pedestrians. 11.16 The Owner is required to submit to CLOCA an updated Hydrogeological Site Assessment which includes 1 year of continuous groundwater monitoring. The monitoring will be required to confirm dewatering requirements and potential impacts to environmental features and private wells (temporarily or permanent). The updated report will be required to provide contingency measures to mitigate any adverse impacts. 11.17 Staff are proposing to include a definition for soft landscaping in the Draft Zoning By-law Amendment (Attachment 3) and a regulation that requires 25 percent of the landscape open space to be soft landscaping. The current definition of landscaping includes hardscape. Since infiltration has been identified as a concern, a change in approach is warranted to control the number of impervious surfaces. 11.18 CLOCA has confirmed that all stud ieslinventories relating to the Environmental Impact Study followed the approved protocols. The small wetland and remnant drainage feature that is located from Hancock Road through the property connecting to the catch basin on Tabb Avenue were determined to be disconnected due to development of approved subdivisions that have developed in the area. The drainage feature was determined not to be a watercourse as it does not contain fish habitat and is not connected to another water feature. 11.19 As depicted in Attachments 4 and 5 the amount of green space identified for protection in the Hancock Neighbourhood increased substantially between the 1998 and 2013 approvals. This proposal is not proposing to remove any of the approved green space lands and is consistent with the approved Hancock Neighbourhood Design Plan. It is expected that some of those concerned moved into the neighbourhood after the approval process and were not aware that the lands they perceived as green space had not been identified as such. 11.20 There is concern with flooding associated with a drainage swale behind lots on the east side of Duvall Street. This swale was established as a temporary drainage solution Municipality of Clarington Report PDS-036-22 Page 19 when the lands on Duvall Street developed. It should be resolved when the area is urbanized. 11.21 Stormwater is designed to go to the stormwater management pond located at the southeast corner of Courtice Road and Nash Road. The pond provides quality and quantity treatments before it outlets into Black Creek. The pond has been reviewed by the Municipality and Central Lake Ontario Conservation Authority. 11.22 Harry Gay Park is designed to serve the broader neighbourhood depicted in the Neighbourhood Design Plan (Attachment 6) and not just those within the immediate vicinity. There is another park in the neighbourhood on Moyse Drive. Harry Gay Park does have a water feature and soccer field which makes it a popular destination. 11.23 When there are buildings and structures on a site subject to a development proposal, they are sometimes left vacant until approvals are in place. Developers typically do not demolish until they are satisfied their approvals will be in place in time to receive credits for development charges. The development charge credit is only available for a period following demolition. If the credit period expires the respective development charge would be applied to the development. Credit is provided by the Municipality of Clarington for five years, by the Region of Durham for ten years and from the Public and Separate School Boards for two years. 11.24 As a condition of approval, the applicant is required to complete a Stage 2 Archaeological Assessment. This must be done prior to demolition of vacant buildings and structures on the property. It is expected that this work will be completed in the coming weeks at which time the developer would be in a position to apply for demolition permits. 12. Financial Considerations Not applicable. 13. Concurrence The Deputy CAO/Treasurer has reviewed the report. Municipality of Clarington Report PDS-036-22 14. Conclusion Page 20 In consideration of all agency, staff and public comments, it is respectfully recommended that the application for Draft Plan of Subdivision and the Zoning By-law Amendment, as submitted by Nash Development limited (Marlin Spring), be supported and approved, subject to the Proposed Conditions of Draft Approval included in Attachment 1. Staff Contact: Tracey Webster, Principal Planner, (905) 623-3379 ex. 2415 or twebster@clarington.net. Attachment 1: Proposed Conditions of Draft Approval Attachment 2: Draft Pan of Subdivision Attachment 3: Draft Zoning By-law Attachment 4: 1998 Neighbourhood Design Plan Attachment 5: 2013 Neighbourhood Design Plan with subject lands identified Attachment 6: Approved Hancock Neighbourhood Plan Natural Heritage System with subject lands identified Attachment 7: Subject lands and surrounding development applications since 2013 Attachment 8: May 2018 Draft Approved Plan of Subdivision Attachment 9: Revised Draft Plan of Subdivision Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PDS-036-22 CONDITIONS OF DRAFT APPROVAL File Number: S-C-2018-0003 Issued for Concurrence: Notice of Decision: Draft Approved: _ Carlos Salazar, MCIP, RPP Director of Planning and Development Services Municipality of Clarington Part 1 — Plan Identification The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2018-0003 prepared by WSP identified as job number 18M- 00161-00, dated April 25, 2022, which illustrates 13 lots for 26 semi-detached dwelling units, 112 single detached dwelling units, five blocks for 0.3m reserves, a future development block, road widenings, a servicing block, an open space block, the extension of Broome Avenue and three roads. Part 2 — General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at https://www.clarington.net/en/business-and-development/resources/Land- Development-and-Building/Subdivision-Agreement-AODA.pdf 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Page 11 Architectural Control 2.4 (1) The Owner shall be 100% responsible for the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning and Development Services. (2) No residential units shall be offered for sale to the public on the draft plan until such time as the designs have been approved in accordance with architectural control guidelines. Given the unique configuration of Lots 93, 99 and 100 special model designs, and driveway locations may be required. The models for these lots are to be submitted to the control architect for approval. (3) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning and Development Services. Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning and Development Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning and Development Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning and Development Services which includes all warning clauses/notices prior to any residential units being offered for sale to the public. Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Public Works regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 4.7. After registration of a subdivision agreement, the provisions of the Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Page 12 Part 3 — Final Plan Requirements 3.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality upon registration of the final plan: (a) Street A (b) Broome Avenue (c) Street B (d) Street C 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings • A 3.0 metre road widening across the entire frontage of Hancock Road shown as Block 132 on the draft plan. • A 5.0 metre road widening across the entire frontage of Nash Road shown as Block 133 on the draft plan. (b) Reserves • 0.3 metre reserves along Street A and Street B (Blocks 129, 134-137). (c) Open Space Lands as shown in Block131 on the draft plan. (d) Other • A 3.0 metre servicing block shown as Block 130 to contain the storm sewer between Street A and Broome Avenue. This block will serve as an overland flow route and pedestrian walkway. Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration The Owner shall submit the following plans and report or revisions thereof: Phasing Plan 4.1 This draft plan shall be developed in one registration only. Environmental Impact Study 4.2 The Owner is responsible for satisfying the recommendations and mitigation measures of the "Updated Scoped Environmental Impact Study, Hancock Neighbourhood Northwest, Courtice, Ontario" as contained in the report prepared by Dillon Consulting and dated November 2018 (revised July 2019, September 2020, April 2021) and Addendum #1, Hancock Neighbourhood Northwest, Environmental Impact Study Draft Plan of Subdivision Application S-C-2018- 0003, prepared by Dillon Consulting, dated March 2, 2022. This includes Page 13 submission of the following plans to the Central Lake Ontario Conservation Authority and Municipality of Clarington: (a) Integrated Stormwater Management Plan and Low -Impact Design. The design of the drainage swale located within Block 131 must conform to Section 3.9 of the Clarington Official Plan. (b) Wildlife Impact Mitigation Plan (c) Erosion and Sediment Control Plan (d) Environmental Monitoring Plan (e) PSW Monitoring/ Mitigation Plan Restoration and Edge Management Plan 4.3 The Owner shall submit for approval, a Restoration and Edge Management Plan to the Municipality of Clarington and the Central Lake Ontario Conservation Authority for Open Space Block 131. This must include a 2-year environmental monitoring plan to ensure the long-term survival and growth of the plant material. Noise Report 4.4 The Owner shall submit to the Director of Public Works, the Director of Planning and Development Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled "Noise Control Feasibility Study, Proposed Residential Subdivision, Nash Road and Hancock Road NW", prepared by Candevcon, dated May 2, 2018, and updated March 1, 2022, Project No. W22003. Functional Servicing 4.5 The Owner shall submit an updated Functional Servicing Report if required and to the satisfactory to the Director of Public Works and Central Lake Ontario Conservation Authority. Urban Design Brief 4.6 The Owner shall submit an addendum to the Urban Design Brief to the satisfaction of the Director of Planning and Development Services and Director of Public Works for approval. The revised brief shall include design concepts for gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the public realm. All Engineering Drawings shall conform with the approved Urban Design Brief. Environmental Sustainability Plan 4.7 The Owner shall submit Environmental Sustainability Plan to the satisfaction of the Director of Planning and Development Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess Page 14 of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non -toxic, environmentally sustainable materials and finishes. Soils Management Plan 4.8 Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Public Works. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Dust Management Plan 4.9 Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Public Works Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on -site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Fray_ 15 Part 5 —Special Terms and Conditions to be Included in the Subdivision Agreement Parkland 5.1 The Owner shall pay to the Municipality by cash or certified cheque, a cash -in - lieu of parkland payment in accordance with Section 51.1 of the Planning Act based on the value of lands to be developed, on the day before the approval of the draft plan of subdivision. The determination of the appropriate parkland payment will be based on the number of units approved in the subdivision. Future Development Block 128 for a further 4 single detached lots will be included in the Parkland Dedication The value of lands shall be determined by a land appraisal to the satisfaction of the Director of Planning and Development Services and the alternative rate formula shall be included in the appraisal report. Compensation 5.2 The Owner agrees to provide financial compensation in the amount of $329,684 to the Municipality of Clarington for the removal of natural features on the subject property in accordance with the Updated Scoped Environmental Impact Study, Dillon Consulting dated November 2018 (revised July 2019, September 2020, April 2021) and Addendum #1, dated March 4, 2022. The payment of financial compensation for the removal of natural features is required prior to finalization and execution of the subdivision agreement and is subject to the satisfaction of the Director of Planning and Development Services. Noise Attenuation 5.3 (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report entitled "Noise Control Feasibility Study, Proposed Residential Subdivision, Nash Road and Hancock Road NW" prepared by Candevcon Limited and dated March 1, 2022 (the "Noise Report"). (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the recommendations contained in Section 7 of the Noise Report. Page 16 Part Lots or Blocks 5.4 Block 128 (Future Development Block) shall be graded, seeded and maintained by the Owner to the satisfaction of the Director of Public Works. Existing Structures 5.5 The Owner shall obtain demolition permit(s) to remove all existing buildings and structures from the Lands unless such buildings or structures are to be preserved for heritage purposes. Decommissioning of Wells 5.6 Prior to registration, the Owner shall provide confirmation to the Director of Planning and Development Services that all wells on site were decommissioned in accordance with Ontario Regulation 903. Lot Siting Plans 5.7 The Owner shall prepare lot siting plans for lots 93, 99 and 100 showing the location of the attached garage, driveway, and required noise fencing and grades. Nash Road and Hancock Road Urbanization 5.8 Prior to registration, the Owner will be required to enter into a separate agreement with the Municipality for the reconstruction of Nash Road and Hancock Road. The agreement shall specify the extent of works, the necessary maintenance periods, and the required securities. The road must be constructed concurrently with the development of this site. Homeowners Package 5.9 The Owner shall prepare an educational Homeowners Package informing all residents of the sensitive environmental features in the area to the satisfaction of the Municipality and the Central Lake Ontario Conservation Authority. Part 6 — Agency Conditions Region of Durham 6.1 (1) The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement any recommendations of the report, entitled "Noise Control Feasibility Study, Proposed Residential Subdivision, Nash Road and Hancock Road NW" prepared by Candevcon Limited, dated May 2, 2018, and updated March 1, 2022, which specifies noise attenuation measures for the development. The measures shall be included in the Subdivision Agreement and must also contain a full and complete reference rage 17 to the noise report (i.e., author, title, date and any revisions/addenda) and shall include warning clauses identified in the study. (2) The Owner shall submit any red -line revision(s) to the Draft Plan to the Region of Durham to address any issues as they may be identified during the continued review of the application and/or at the detailed design stage of plan review. (3) Prior to the finalization of this plan of subdivision, the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region's Soil and Groundwater Assessment Protocol to address site contamination matters. Such evidence may include the completion of a Regional Reliance Letter and Certificate of Insurance. Depending on the nature of the proposal or the findings of any Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA), an RSC Compliant Phase Two ESA may also be required. The findings of Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment, Conservation and Parks, accompanied by any additional supporting information. (4) The Owner shall carry out an archaeological assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resource to the satisfaction of the Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI). No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the MHSTCI. (5) The Owner shall submit plans showing the proposed phasing to the Region of Durham and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. (6) The Owner shall grant to the Region any easements required to provide Regional services for this development and these easements shall be in the locations and of such widths as determined by the Region (7) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region of Durham and are to be completed prior to final approval of this plan. Page 18 (8) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (9) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. Conservation Authority 6.2 (1) That prior to any on -site grading or construction or final approval of the plan, the Owner shall submit to, and obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington for reports/plans describing the following: (a) The intended means of conveying storm water flow from the site, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines, as amended. (b) A comprehensive Stormwater Management/Functional Servicing Report (SWMR/FSR), which clearly articulates the drainage assumptions and directs the site -specific stormwater management control requirements for the site. The SWMR/FSR must include plans and analysis to verify that there will be no adverse impacts to downstream areas and adjacent lands. (c) Details on the design, installation, access, maintenance, and monitoring of low Impact Development (LIDs) stormwater management measures, as identified in an updated Stormwater Management/Functional Servicing Report (SWMR/FSR). The details shall include further analysis of water table levels and the recommended LID measures. Estimates and a map of how much each LID will add to infiltration compared to predevelopment given the varied groundwater levels must be provided. The consideration of LIDs shall include measures supporting the treatment train approach to stormwater management, and measures to maintain pre and post development water balance, to the satisfaction of CLOCA. The results of in -situ infiltration rate testing shall be provided to CLOCA in support of the detailed design. (d) Details on the sizing and design of infiltration trench(es) based on seasonally high groundwater levels derived from monitoring hydrographs and in -situ infiltration tests following Appendix C of the LID Stormwater Management Planning and Design Guideline (CVC- TRCA v1.0, 2010). Support discussions with plan and cross sections will also be required. Page 19 (e) The appropriate location of any stormwater management and foundation drainage collection system outlets and any required mitigation measures to ensure that the foundation drainage collection system will not negatively impact the quality of groundwater resources or cause erosion, and is supported by acceptable data. (f) Confirmation of the pond spillway dimensions upon completion of the stormwater management pond cleanout. (g) The intended means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial and Conservation Authority guidelines. All actions to be taken to prevent an increase in the concentration of suspended solids in any water body because of on -site, or other related works. (h) That all Erosion and Sedimentation Control Plans shall specifically include: i. Silt sacks be used in all catch basins as identified as Note 11 on Drawing ERS. ii. Notes regarding temporary pond construction under the "construction sequencing, timing, and decommissioning notes. iii. Notes indicating the immediate stabilization of all side slopes associated with temporary ponds. iv. Details on how the external drainage east of Hancock Road will be captured/conveyed during construction. v. Details for the protection of all topsoil stockpile locations and associated erosion and sediment controls. (i) That the Owner shall provide final calculations and plans that demonstrate how the external drainage east of Hancock Road will be captured and conveyed through the development. (j) That the Owner shall submit for review and approval to CLOCA an updated Hydrogeological Site Assessment which includes 1 year of continuous groundwater monitoring, in accordance with CLOCA's SWM Guideline (2020), to capture the seasonally high and low groundwater levels. The monitoring will be required to confirm dewatering requirements and potential impacts to environmental features and private wells (temporarily or permanent). The updated report will be required to provide contingency measures to mitigate any adverse impacts. (2) That this plan be subject to red -line revision to the satisfaction of the Central Lake Ontario Conservation Authority and the Municipality of Clarington to address the resolution of any functional and detailed design stormwater management issues, as they may be identified during the continued review of the application and/or at the detailed design stage of plan review. Page 110 (3) That the proposed means of managing stormwater within the receiving downstream pond, demonstrating the pond is large enough to accommodate all flows to the satisfaction of the Central Lake Ontario Conservation Authority and the Municipality of Clarington. Should additional capacity be required, this must be contained within the development limit, or a retrofit of the downstream pond may be considered, subject to the review and approval of CLOCA. (4) That the Owner prepare a Restoration and Edge Management Plan, consisting of a robust and dense renaturalization of native, self-sustaining vegetation as it pertains to the Scotch Pine removals for the rear lot drainage swale in Open Space Block 131, to the satisfaction of the CLOCA. (5) That the Owner submit a 2-year environmental monitoring plan for the purpose of ensuring the plantings within Open Space Block 131 has been completed and is successful, to the satisfaction of CLOCA. (6) That boundary fencing be installed to the satisfaction of the Municipality of Clarington at the open space/urban development interface for Open Space Block 131. This boundary fence will extend from the most western boundary of Lot 1 to the most eastern boundary of Lot 26, to limits of the future road widening of Block 132. Prior to registration, the Owner shall confirm no access gates from private residential lands have been installed. (7) The Owner shall prepare an educational Homeowners Package informing all residents of the sensitive environmental features in the area. Should rain barrels be introduced, the Homeowners Package is to provide information on how they function and how their use can positively impact the environment. (8) That Open Space Block 131 be conveyed to the Municipality of Clarington. (9) That the Owner agrees to carry out the work according to all the report and technical studies approved by CLOCA as part of this application. (10) That prior to any grading, site alteration, construction or final approval of the plan or phase of the plan, the Owner shall obtain all required permits from the Central Lake Ontario Conservation Authority pursuant to the requirements of the Conservation Authorities Act. (11) That the Owner provide the Central Lake Ontario Conservation Authority with all outstanding review fees in accordance with the applicable rate at the time of the request for clearance. (12) That the Owner satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees Page 111 and Technical Review Fees owing as per the approved Authority Fee Schedule. (13) That the Subdivision Agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: (a) The Owner agrees to carry out the works referred to in Conditions 1 to 17 to the satisfaction of the Central Lake Ontario Conservation Authority. (b) The Owner agrees to maintain all storm water and erosion and sediment control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. (c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on -site works. (d) The Owner agrees to include provisions within the Subdivision Agreement to prohibit private gates being installed between the private landowners and Block 131. (e) The Owner agrees to obtain the required permits pursuant to the Conservation Authorities Act prior to any development taking place on the site. (f) The Owner agrees to satisfy all financial requirements of the Central Lake Ontario Conservation School Board 6.3 (1) All Subdivision Agreements for the subject draft Plan between the Municipality of Clarington and the Subdivider contain a requirement that all offers of Purchase and Sale Agreements contain a statement that if school buses are required within the plan, that in accordance with the Board Transportation policies school bus pick up points will generally be located on a through street at a location convenient to the Student Transportation Services of Central Ontario. (2) All Subdivision Agreements for the subject draft Plan between the Municipality of Clarington and the Subdivider contain a requirement that all offers of Purchase and Sale Agreements contain a statement that advises the prospective purchaser that attendance at the public schools on designated sites in the community are not guaranteed. Attendance as schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities and/or be directed to schools outside the area in accordance with continued development and accommodation pressure. Page 112 Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI). 6.4 (1) No demolition, grading or other soil disturbances shall take place on the lands prior to the Ministry of Heritage, Sport, Tourism, and Culture Industries confirming that potential adverse impact to the archaeological resources identified in the archaeological assessment prepared by Archaeological Assessments Ltd, and dated January 8, 2018, have been addressed through measures such as preservation, resource removal, licensing and resource conservation requirements. Canada Post Corporation 6.5 (1) The Owner covenants and agrees to provide the Municipality of Clarington with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of concrete pads as required by Canada Post Corporation and as shown on the approved engineering design drawings/Draft Plan, at the time of sidewalk and/or curb installation. The Owner further covenants and agrees to provide notice to prospective purchasers of the locations of the Community Mail Boxes and that home/business mail delivery will be provided via Community Mail Boxes. (2) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (c) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (d) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (e) The Owner will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off. Page 113 (f) The Owner will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. (g) The Owner agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Boxes. The Owner also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Boxes (h) The Owner agrees to prepare and maintain an area of compacted gravel to Canada Post's specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. (i) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. (j) The Owner will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post's concrete pad specification drawings (k) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). Utilities 6.6 (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Public Works. Page 114 (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Public Works. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7 — Standard Notices and Warnings 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: Noise Report 7.4 The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 21 L, 22-31, 32R, 86-92, and 93-95: "This dwelling unit was fitted with a forced air heating system and designed with the provision for adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." Nearby Farm Operations 7.5 The Owner shall include the following warning clause in agreements of purchase and sale for All Lots: "Farm Operations —There are existing farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants." Nearby Public Walkway 115 7.6 The Owner shall include the following warning clause in agreements of purchase and sale for Lots 104 and 125: "Public Walkway — This lot abuts Block 130 which has been designated for use as a public walkway which, when developed, may contain active lighted facilities for night-time services." Chain Link Fencing 7.7 (1) The Owner shall include the following notice in the agreements of purchase and sale for Lots 1 through 14 and lot 26: "Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent open space. Gates are not permitted within the fence. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence." (2) The Owner shall include the following notice in the agreements of purchase and sale for Lots 104 and 125: "Chain Link Fencing — Chain link fencing is a required feature between this lot and the adjacent walkway. This fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence." Open Space Block 131 7.8 The Owner shall include the following notice in the agreements of purchase and sale for Lots 1 through 14 and lot 26: "Open Space Block - Purchasers are advised that the Open Space Block is owned by the Municipality of Clarington and are environmentally sensitive. Purchasers may not dump any materials, debris or grass clippings on the block located adjacent to their northerly lot line. Purchasers may not drain swimming pool or spa water directly on these lands. Water should be directed to the road where it enters the storm water system, and is treated by Stormwater Management Controls Noise Attenuation Fencing 7.9 The Owner shall include the following notice in the agreements of purchase and sale for Lot 93: "Noise Attenuation Fencing - Noise attenuation fencing is a required feature for this lot to assist in reducing the noise levels to comply with Ministry of the Environment standards. This fencing must be located on the private property Page 116 portion of the lot and must be designed and constructed in compliance with the recommendations of the noise attenuation report prepared by Candevcon, dated May 2, 2018, and updated March 1, 2022. The maintenance of this fencing is the responsibility of the owner of the lot after the developer has been released from any further responsibility for the fence." Canada Post Corporation 7.10 The Owner shall include the following notice in the agreements of purchase and sale for all lots: "Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision." Part 8 - Clearance 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning and Development Services shall be advised in writing by, (a) the Region how Conditions 1, 2.2, 4.4 and 6.1 have been satisfied; (b) the Central Lake Ontario Conservation Authority, how Conditions 4.2, 4.3, 4.5, and 6.2 have been satisfied; (c) Canada Post, how Condition 6.5 has been satisfied Part 9 — Notes to Draft Approval 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning and Development Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: Pagu 117 (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor, Scarborough ON, M1 P 5A1 118 Attachment 2 to Report PDS-036-22 AGRICULTURAL EXISTING RESIDENTIAL Block 131 Open Space 201.38 0.14 he N71*14'00"E 26 • f • f••• Q 0 0 0 0 n O 1 5 7 8 10 13 O 110 25 h 10.17 0.79 "D : 1 JD 7j•Ib 14 e -�-244 Block Reserve 0.3m Reserve N Street A $ 8 D ISO 39A9 u • -;-- 9.75 9.75 0.75 11JO 11,30 1 125 120 119 118 11 5 zo.00 MAO FUTURE DEVELOPMENT f • • 0' O 010 •-- • • f , Draft Plan of Subdivision 0.75 18 • S-C-2009-0001 Block 130 (Head ate 9 ) Servicing 1 T y 2Ja f" •• •••• O O O O T I L PMENT I )s 11 N 104 V 105 11 111 112 114 1474 I I I Z 9.75175 1-00 9.7e 1111111 11Jo 20.00 2D.�0 tya0 I o Broome Avenue Extension g B R O O M E AVENUE Bmok13B 0.3m Reserve 00014.0 0. IL75 L75 L751 20.00 I 46 45 40 35 1 44 I �2 Q • • • • $ • • • • • • • I I I EXISTING RESIDENTIAL 1 14.71 w y $ Q 2100 w cc Block 129 47 50 55 - 57 �y F- (n 0.3m Reserve 131M 9.79 L75 L75 0 J 0 Street C FUTURE .76 +�+ °� 6 3.M • �.00 D_E O 13M - CD ` 85 i 80 79 • -� 28-- CD ♦ • AV• $ • ♦ • • • P • g 9.75 18.00 r 30A0 m,00 1Q27 100 71' Galo E S7273 f S`78 Bloc 128 TABB AVENUE Block 1353mReserve 10.799.75 12.96 _FUtU Deve opment m81.0 r^87.0 0,07 h 3 20.00 b0� 99 0�1 z 30M lam 0.75 9.75 11JB 11M • 71 69 68 65 64 FUTURE DEVELOPMENT • • O O O �O 0Zn All, of Block 134 + N71-11'40"E 0.3m Reserve 95 ♦ • O 0 • • 0 0 25.03 3 9J03°D 92 91 90 89 88 87 66 Z$ zo.00 - 0.79 S-C-2018-0003, ZBA2018-0014 DRAFT PLAN OF SUBDIVISION FOR PART OF LOT 27, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON NOW BEING LOTS 1 TO 5 INCLUSIVE LOTS 11 TO 17, INCLUSIVE AND PART OF LOTS 6 AND 18 REGISTERED PLAN No. 634 MUNICIPALITY OF CAARINGTON REGIONAL MUNICIPALITY OF DURHAM April 25, 2022 / N12661 126.61 Block 133 5.om Road widening 0.08 he N A S H ROAD KEY PLAN NTS 0 i Z v v O 7 oe O 6 9 9 Q SUBJECT LAND 9 .,e � NPSNaoPo L eA.A. HIGHWAY 2 (KINGSTON ROAD) J 0°O 132 Cad Widening C Q O cc Y U O U zN Q AGRICULTURAL 2 NG RESIIDENTIAL ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 (17) OF THE PLANNING ACT, R.S.O., 1990 (a) AS SHOWN ON DRAFT PLAN (b) AS SHOWN ON DRAFT AND KEY PUNS ( c) AS SHOWN ON DRAFT AND KEY PLANS ( d) THE LAND IS TO BE USED ACCORDING TO THE SCHEDULE OF LAND USE (e) AS SHOWN ON DRAFT AND KEY PLANS ( f) AS SHOWN ON DRAFT PLAN ( g) AS SHOWN ON DRAFT MD KEY PLANS (h) MUNICIPAL WATER SUPPLY TO BE MADE AVNLABIE ( 1) SOIL IS SILTY SAND ( j) AS SNOWN ON DRAFT PLAN ( k) FULL MUNICIPAL SERVICES TO BE MADE AVAILABLE ( I) SUBJECT TO EASEMENTS AS SHOWN ON THE DRAFT PLAN Note: aI dimension, on c,me am chord length, unle„ otherwise indicated. Doshed lines representing adjacent future development are c nceptual only. Doahed lines representing 0.3m Reetmme a exaggerated to illustrate location of rev Scale 1 : 750 (24 x 36) J SCHEDULE OF LAND USE LAND USE LOVB(OOk units Area Number go) (m) m 18.Om Wide Semi-Det. Res. ,= 26 ■ 9.75m Wide Detached Res. e0 4.52 O 11.3m Wide Detached Res........... 31 Custom Detached Res, 12 1 Future Development locks 128 0.o6 Q2 Servicing al-13o 0.02 01 open Space smax 131 0,14 os Road Widenings Bl-, 132a 133 0.t4 .3 0.3m Reserve 81-1129. 134-137 'Gal 0_ Roads 1,80 4.3 NMe'. LMs 1. antl 12T eliminated Jan. 7, 2022 Total 138 6.68 16.5 OWNER'S AUTHORIZATION I AUTHORIZE THIS DRAFT PUN OF SUBDIVISION TO BE SUBMITTED TO THE MUNICIPALITY OF CIARINGTON FOR APPROVAL Peter Cohen, Provident DATE TN Courtice Inc. SURVEYOR'S CERTIFICATE 1 HEREBY CERTIFY THAT THE BOUNDMIES OF THE LAND TO BE SUBDIVIDED M SHOWN ON THIS PL.W AND THEIR RELATIONSHIP TO THE ADJACENT LANDS ARE ACCURATELY AND D /CORRREECTLY SHOWN. //l A.�k<1Ca- -_*)X II/zZ R. Mc Rae, O.LS. DATE J. D. same. UmRed PLAN PREPARED BY x«I) 18M-00161-00 Attachment 3 to Report PDS-036-22 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 20_- Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2018-0014; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 12.4 "Special Exceptions — Urban Residential Type One (R1)" is amended by adding Special Exception Zone 12.4.102 as follows: 12.4.102 Urban Residential Exception (R1-102) Zone" Notwithstanding Sections 12.2 a., b., c., d. i) ii), iii) a) c) b), e., f., g., i. ii) those lands zoned R1-102 on the Schedules to this By-law shall be subject to the following regulations: a. For the purpose of Section 12.4.102, the term Soft Landscaping means the portion of the lot comprised of any combination of flowers, grass, shrubs, sod, trees or other horticultural elements that is not covered with impervious surfaces. It does not include any buildings or structures, any hard surface areas such as, but not limited to, driveways, parking areas, decorative stonework, walkways, patios, screening, or other landscape architectural elements. b. Lot area (minimum) i) Single detached dwelling 270 square metres ii) Semi-detached dwelling on an interior lot 500 square metres iii) Semi-detached dwelling on an exterior lot 550 square metres C. Lot Frontage (minimum) Interior Lot i) Single detached dwelling 9.0 metres iii) Semi-detached dwelling 18.0 meters d. Lot Frontage (minimum) Exterior Lot i) Single detached dwelling ii) Semi-detached dwelling e. Yard Requirements (minimum) i) Front Yard ii) Exterior Side Yard iii) Interior Side Yard 12.0 metres 20.0 metres 6 metres to private garage or carport 4 metres to dwelling 2 metres to porch 6 metres to private garage or carport 3 metres to dwelling 1.5 metres to porch a) Single detached dwelling with an attached garage or carport 1.2 metres on one side, 0.6 metres on the other b) Single detached dwelling without an attached garage or carport 3.0 metres on one side, 0.6 metres on the other c) Semi-detached dwelling with an attached garage or carport 1.2 metres d) Semi-detached dwelling without an attached garage or carport 3.0 metres f. Dwelling Unit Area (minimum) i) Single detached dwelling 85 square metres ii) Semi-detached dwelling 80 square metres g. Lot Coverage (maximum) 1 Storey single -detached dwelling and Semi-detached dwelling a) Dwelling 50 percent b) Total of all Buildings and Structures 55 percent All other single -detached dwellings a) Dwelling 40 percent b) Total of all Buildings and Structures 45 percent iii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a h k. maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot; b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot. Landscape Open Space (minimum) landscaping Driveway Width (maximum) Garage Requirements 30 percent, provided 25 percent is soft 4.6 metres i) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres 2. Section 13.4 "Special Exceptions — Urban Residential Type Two (R2) Zone" is amended by adding Special Exception Zone 13.4. 91 as follows: "Section 13.4.91 Urban Residential Exception (R2-91) Zone Notwithstanding Sections 13.2 a., b., c. i) ii), iii) d., e., f., h., those lands zoned R2-91 on the Schedules to this By-law shall be subject to the following regulations: a. For the purpose of Section 12.4.102, the term Soft Landscaping means the portion of the lot comprised of any combination of flowers, grass, shrubs, sod, trees or other horticultural elements that is not covered with impervious surfaces. It does not include any buildings or structures, any hard surface areas such as, but not limited to, driveways, parking areas, decorative stonework, walkways, patios, screening, or other landscape architectural elements. b. Lot Area (minimum) 270 square metres C. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot d. Yard Requirements (minimum) i) Front Yard ii) Exterior Side Yard 9 metres 10.9 metres 6 metres to private garage or carport 4 metres to dwelling 2 metres to porch 6 metres to private garage or carport 4 metres to dwelling 2 metres to porch iii) Interior Side Yard e f M a) With an attached garage or carport b) Without an attached garage or carport Dwelling Unit Area (minimum) i) Single detached dwelling Lot Coverage (maximum) i) 1 Storey single -detached dwelling a) Dwelling b) Total of all Buildings and Structures ii) All other single -detached dwellings 1.2 metres on one side. 0.6 metres on the other 3.0 metres on one side. 0.6 metres on the other 85 square metres 50 percent 55 percent a) Dwelling 40 percent b) Total of all Buildings and Structures 45 percent iii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot; b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot. Landscape Open Space (minimum) 30 percent, provided 25 percent is soft landscaping h. Driveway Width (maximum) 4.6 metres Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres 3. Section 13.4 "Special exceptions — Urban Residential Type Two (R2) Zone" is amended by adding Special Exception Zone 13.4.92 as follows: "Section 13.4.92 Urban Residential Exception (R2-92) Zone Notwithstanding Sections 13.2 a., b., c. i) ii), iii) d., e., f., h., those lands zoned R2-92 on the Schedules to this By-law shall be subject to the following regulations: a. For the purpose of Section 12.4.102, the term Soft Landscaping means the portion of the lot comprised of any combination of flowers, grass, shrubs, sod, trees or other horticultural elements that is not covered with impervious surfaces. It does not include any buildings or structures, any hard surface areas such as, but not limited to, driveways, parking areas, decorative stonework, walkways, patios, screening, or other landscape architectural elements. I C. 0 e f Lot Area (minimum) Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot Yard Requirements (minimum) i) Front Yard ii) Exterior Side Yard iii) Interior Side Yard 300 square metres 11.3 metres 14.3 metres 6 metres to private garage or carport 4 metres to dwelling 2 metres to porch 6 metres to private garage or carport 4 metres to dwelling 2 metres to porch a) With an attached garage or carport b) Without an attached garage or carport Dwelling Unit Area (minimum) i) Single detached dwelling Lot Coverage (maximum) i) 1 Storey single -detached dwelling 1.2 metres on one side, 0.6 metres on the other 3.0 metres on one side, 0.6 metres on the other 85 square metres a) Dwelling 50 percent b) Total of all Buildings and Structures 55 percent ii) All other single -detached dwellings a) Dwelling 40 percent b) Total of all Buildings and Structures 45 percent g. Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: i) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot; ii) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot. h. Soft Landscaping (minimum) 30 percent, provided 25 percent is soft landscaping Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres 4. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Holding- Urban Residential Exception (R1-102)" "Agricultural (A)" to "Holding — Urban Residential Exception (R2-54)" "Agricultural (A)" to "Holding — Urban Residential Exception (R2-91)" "Agricultural (A)" to "Holding — Urban Residential Exception (R2-92)" "Environmental Protection (EP)" to "Holding — Urban Residential Exception (R1-102)" "Environmental Protection (EP)" to "Holding — Urban Residential Exception (R2-54)" "Environmental Protection (EP)" to "Holding — Urban Residential Exception (R1-91)" "Agricultural (A)" to "Environmental Protection (EP)" As illustrated on the attached `Schedule `A' hereto. 5. Schedule `A' attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of the Planning Act. Passed in Open Council this day of , 2022 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A" to By-law 2022- , passed this day of , 2022 A.D. Zoning Change From 'A' To '(H)R1-102' Zoning Change From 'A' To '(H)R2-54' Zoning Change From 'A' To'(H)R2-91' Zoning Change From 'A' To '(H)R2-92' 0 a O oC u O u z NASH ROAD M Zoning Change From 'EP' To'(H)R1-102' Zoning Change From 'EP' To '(H)R2-54' Zoning Change From 'EP' To'(H)R2-91' - Zoning Change From 'A' To 'EP' Courtice • ZBA 2018-0014 • Schedule 4 STORMWATER G MANAGEMENT POND I 2.15 ht q I� I Q Ia v° I 3.56 I HANCOCK NEIGHBOURHOOD DESIGN PLAN . a w —:M o� ,� f.e d,�e ffi� under Sehon 51 of Ily Plonn�ng .n. Attachment 4 to Report PDS-036-22 IST 92014 L - - aCAI MOYSE DR O 2I k {TEZ.� A xl 4.52 to , II` I EXISTING RESIDENTIAL 24 Mt SINGLES INFILLRESIDENTIAL 15 m SINGLES ® COMMERCIAL COMMERCIAL 13.7 m SINGLES GREEN SPACE nc 12m SINGLES _ ® PARKS 4 mSEMI-DETACHED � COOL MEDIUM DENSITY CHURCH Attachment 5 to Report PDS-036-22 ------------- alAe'27 e�le1 es��eel�A Green spave IA Green Space '��'1'�lllilrlllllllllllll�llllr owww*�w�nw.l.w. 84E IllCT illi 0 �QQ _P Green Space speclef, IIIIiIfrOa�oE,�pl:.��� �.: Study 'Area 7 + � illilf -.tea ���— •r - INllill i Faith �iull�sse�de���es�►1� ©AV • StormwaterManagement �� �- �_ •-~ ®ram _- © }{7 �nuiN■ � Future -W i Convenience o Aft - i%.� Hanco: o Design Attachment 6 to Report PDS-036-22 �111111111111 ME���■ [ ��rrrrrrrrrrrrrrrrrrirrrrrri� - - 111�1 • �111! mm.mmmmmi:�� j � '=�111111 liliiil � � Sub, IHIM 1111111 �JIIII:I / � Illlll �11lllllllill � 111111 �.�� t ��� •� - � � IlIIll�lllll IIIIIIIIIIII` C raasH Roso Z W ° 00 __.... ._—...-.- ... � pOK o, Rt le�xcre - �+ - 8 Future Future 7ransitway —^� <;Tranadway Relocated I HIGHWAY2I «l Future `. 1% approved farthe _ of mak€nganappiicatlon rpra'�R�ylQk `--._._f /�utur'e /I% vurpoaea pl of-b6i--n ureer section 51 atne Planning Act. Hancock � WlY2 j Highwey?/407linK I [[ —_ , i AGYasss'RamPS_ N! 11 Neighbourhood o`irea-Services Functiona[ Natural Heritage System !! ® Targeted Natural Heritage System Natural Heritage ,[,(/// � Wetlands oaerSar o' En0 neeri.'ig System 5eNir2a I2 nf3 - Streams oam: 0*7 George Reynolds,Drive 12 Single Detached Units Approved 2016 19 Single Detached Units Approved 2014 fi M , y SC 2021-0002 Y 1 SC 2018 - 0004 ZBA 2021 - 0024' '` , Attachment 7 to Report PDS-036-22 N W� S �L r� 77, II 4 Attachment 8 to Report PDS-036-22 r.. 5 oo W 0 V 2 _ F , I ter„ h �i y F J"r A •OM1 -Y; Lands Subject to Draft Plan of Subdivision and Rezoning Applications �. Single Detached Home: Frontage 10.Om wall- F � Single Detached Home: Frontage 11.3m �. Single Detached Home: Frontage 9.15m Townhomes Future Development Q Existing Residential M SC 2018-0003 ZBA 2018-0014 Broome Avenue Extension Tabb Avenue "M� , . --. . I I -IMM —Nash-Road- 9.75m Detached Residence M11.3m Detached Residence M18.0m Semi -Detached Residence Existing Residential Future Development Road 0.1 Attachment 9 to Report PDS-036-22 HOP I