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HomeMy WebLinkAbout2012-006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2012-006 being a By-law to adopt Amendment No. 77 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, authorizes the Municipality of Clarington to pass By-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to incorporate the requirements and permissions afforded to the Municipality of Clarington as a result of Bill 51, the Planning Conservation Land Statute Law Amendment Act, 2006, revisions to the Ontario Heritage Act, 2005 and the Provincial Policy Statement, 2005; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 77 to the Clarington Official Plan being the attached Explanatory Text and Maps are hereby adopted; and 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW passed in open session this 26th day of March, 20 Adri'a1 j §tei:�Mayor Municipal Clerk 1 AMENDMENT NO. 77 TO THE CLARINGTON OFFICIAL PLAN A. PURPOSE OF THIS AMENDMENT The purpose of this Amendment is to update the policies of the Clarington Official Plan to incorporate the requirements and permissions afforded to the Municipality of Clarington as a result of Bill 51, the Planning Conservation Land Statute Law Amendment Act, 2006, revisions to the Ontario Heritage Act, 2005 and the Provincial Policy Statement, 2005 coming into effect. B. LOCATION OF THIS AMENDMENT This amendment is to be applied to all lands within the Municipality of Clarington. C. BASIS OF THE AMENDMENT The Planning and Conservation Land Statute Law Amendment Act, 2006 came into effect on January 1, 2007 and supplied Ontario municipalities with a number of additional powers that deal with the land use planning process as well as Ontario Municipal Board (OMB) appeals. The majority of the changes.to the Planning Act modify aspects of the land use planning process, provide additional tools for implementation of provincial policies and give further support to sustainable development, intensification and redevelopment. The Ontario Heritage Act, 2005 was amended to strengthen and improve heritage conservation in Ontario. The changes to the Act affect the Municipality's ability to prevent demolition and manage heritage conservation resources within the Planning Process, but have not changed the direction of the policy framework. The proposed amendments include minor terminology changes including some revised definitions. The Durham Region Official Plan, 2009 has been amended to incorporate the many provisions from the Planning and Conservation Land Statute Law Amendment Act, 2006 as well as the Provincial Policy Statement (PPS). D. THE AMENDMENT Unless otherwise indicated, in the Amendment, newly added text is shown with underlining, and deleted text is shown with a strike-through. a) Existing Section 1.1 Introduction, paragraph 4 is hereby amended as follows: Over the centuries, the pressure of growth has put stress on the natural support systems - air, soil and water. The loss of the salmon fishery in the 1800's and the degradation of the fragile soils of the Oak Ridges Moraine early in the 1900's this ry are examples of both environmental destruction and human restoration efforts. These events serve as useful signposts of the need for sustainable settlement patterns. 2 b) Existing Section 1.1 Introduction, paragraph 6 is hereby amended as follows: At the beginning ePA of the 2'Dth 21St century, Clarington is preparing for change and urbanization. This Official Plan is prepared in the context of our history, our current needs and the challenges of the future. c) Existing Section 1.3 Plan Preparation Process is hereby amended by adding the following paragraphs at the end of the section: "The Official Plan was adopted in 1996. Since that time, Clarington has experienced rapid growth. In addition the Provincial government has introduced major legislation affecting the land use planning process, and the Durham Regional Official Plan has been amended. The Municipality is required to conform to the hew Provincial and Regional planning policies. Clarington's approach to the Official Plan Review was designed to have continuous implementation throughout the process with several major amendments to the Official Plan. The Review consisted of the preparation of a number of Discussion Papers on major topics that highlighted key issues and suggested direction for the community. Following extensive public consultation, amendments were incorporated into the Official Plan." d) Existing Section 2. Basis of the Plan, paragraph 2 is hereby amended as follows: The Clarington Official Plan is prepared in accordance with The Planning Act, the Provincial Policy Statement as amended and other relevant Provincial legislation and Plans and the G- preh°^�get f�incial PEAGY Statern This Plan and amendments thereto, once approved by Regional Council, will conform to and implements the provisions of the Durham Regional Official Plan. e) Existing subsection 4.4.4 is hereby amended as follows: 4.4.4 Within the Oak Ridges Moraine, an application for development or site alteration within the minimum area of influence that relates to a natural heritage feature or a hydrologically sensitive feature, but outside the feature itself and the related minimum vegetation protection zone as identified in Table 4-1, shall be accompanied by a Natural Heritage Evaluation and/or a Hydrological Evaluation_. R aGGE) danGe with Con+innc A /1 3Q it it ^n and it d A 1 of this Plan Where site specific studies or updated information from the Province results in refinements to the boundary or extent of a key natural heritage feature identified on Map D, or its related vegetation protection zone, such refinement shall not require an amendment to this Plan. However, where such refinement of the boundary or extent of the feature is proposed for a wetland, area of natural and scientific interest and/or significant portions of the habitat of endangered, rare and threatened species, or their related 3 minimum vegetation protection zones, then formal confirmation of said refinement is required from the Province, prior to any development or site alteration. If an evaluation determines a greater minimum vegetation protection zone is required than that which is identified in Table 4-1, then the greater shall be provided. f) Existing Table 4-1 is hereby amended by deleting the cross references to Sections 4.4.40 h); 4.4.41 c) and d) and 4.4.43. g) Existing subsection 4.4.9 is hereby amended as follows: 4.4.9 The policies of this Plan shall also apply to any natural heritage feature which has been identified by the Municipality, the Region, a Conservation Authority or the Province, but which is not presently shown on Map C or Map D. Where a natural heritage feature is not identified on Map C or Map D, it does not necessarily mean that the feature or part thereof may be developed or altered in any way. Should a natural heritage feature be identified through the review of a development application and written notice given to the applicant, the preparation of an Environmental Impact Study pursuaRt te SeGtiOR 4.4 or a Natural Heritage Evaluation or Hydrological Evaluation pursuant try Se^ti^ns 4 ,I 40 and 4. shall be required. h) Existing subsection 4.4.10 is hereby amended as follows: 4.4.10 Development will not be approved where an Environmental Impact Study, Natural Heritage Evaluation or a Hydrological Evaluation r+^mnleted in ann^rr aRGe with Se^ti^ns i( it 39 or it it 4 0 ^r 4 i1 A 1 identifies unacceptable negative impacts on the natural heritage system. i) Existing subsection 4.4.22 is hereby amended as follows: 4.4.22 Within the Oak Ridges Moraine, an application for major development with respect to land in a Landform Conservation Area Category 1 or 2 as identified on Map E, shall be accompanied by a Landform Conservation Plan. i,R accerdance with-SeotiGR 4 -42 j) Existing subsection 4.4.35 is hereby amended as follows: 4.4.35 An Environmental Impact Study shall be undertaken for development applications located on lands within or adjacent to the Lake BeaGh; any natural heritage feature including the Lake Iroquois Beach identified on Map C and any natural heritage feature which may exist but which is not presently identified on Map C but of which notice is given in accordance with Section 4.4.9. The M ini^inarty in ^ns iltati^n with the Region of Durham, the Gensenrotien 4utherity anrd Ether agen^iec i Will 4 relent and retain qualified pmfe signal expertise to prepare the F.n�„meRtal irnpaGt Study. The Terms of Reference for the preparation of the EIS shall be approved by the Municipality in consultation with the Conservation Authority prior to the preparation of the Environmental Impact Study. Im agt Stir!„ ImnaGt Studies by qualified eSSi�s_T be-��nTs e of the ct�irJ i shall be berne by the PfOPOReRt. The Study shall- a) examine the fUrnntinns of the natural heritage features; s b) identify the Ignation anrd extent gf natural heritage feats free• 0 ideR ngteRtia rttS not � nrnngced development cm the t�y-the� �cu-aca crvpnTCrTr-vrrcrr�.. natural heritage features anrd their enninginal fi inntigns• rd\ identify any lands to he presewerd in their natural state; irJentify mitigating measures to address the ad-1yerse affents Of dev nmencnt OR t tlntir;;l heritage features and-their eGGI giGal fi inntiens e rd t,innit irding sethaGks far eyelepmen , idea . , t neten�l far res�^a and/gr greatign gf�.A.9; Jlife crr ! cc-n- 'rrvrrc� u -rca'crorrcru uTrarrrc habitat; aRGI g) examine the numudative imnant of the existing, rd nrepese anrd k) Existing Section 4.4 Natural Heritage System is hereby amended by deleting existing subsections 4.4.36 through 4.4.38, by adding a new subsection 4.4.36 as follows and renumbering subsequent sub sections accordingly: "4.4.36 Where the proponent of an application for development on lands within or adjacent to any natural heritage feature has submitted an Environmental Impact Study, a Natural Heritage Evaluation, a Hydrological Evaluation or any other type of Environmental Study to the Province, the Region or the Municipality, the Municipality may select and retain qualified consultants to undertake a peer review of the study to ensure that the Study requirements are satisfactorily addressed. The expense of the peer review shall be borne by the proponent. Where appropriate, the undertaking of the peer review shall be coordinated with the Region." 1) Existing Subsection 4.4.39 is amended as follows 4.4.39 Within the Oak Ridges Moraine, a Natural Heritage Evaluation and/or Hydrological Evaluation shall be undertaken for any development or site alteration proposed within the minimum area of influence of any natural 5 heritage feature or hydrological sensitive feature but outside the feature itself and the related minimum vegetation protection zone as identified in Sections 4.4.2 of this Plan. The minimum area of influence is identified in Table 4-1 of this Plan. The study shall demGnstFate-how the speGifiG development would maintain or enhanne the enoloninal integrity of the professional expertise te prepare the study er peer Feview a study with the expense h°inn borne by the proponent Where development or site alteration may be permitted in accordance with Section 4.5.18 and Section 23.9.2 of this Plan within a natural heritage feature or hydrological sensitive feature or within the respective minimum vegetation protection zone, a Natural Heritage Evaluation and/or Hydrological Evaluation shall be undertaken. in AE nG8 with the above m) Existing Subsection 4.4.40 is deleted in its entirety. 4.4.49 lR ac-seFdaRGe with SeEti .39r a Natural Heritage-Evalatien for any ndeeVei p1-}El t GF site-alteFa ep within the Oak Ridges Moraine shall' nity of the proposed development site• , b) provide a ' re s, Ney of wildlife use of prep r-�repva°cd eleyelnpmenf and arlianenf lands; , , OR the natural heritage feat Tres• , d) identify Iands where ferest ooyer sheuld he preserved or enhanned• , e) deFnGRstFate that the de��iepment or site afteFation applied feF will have no adverse effeots nn the natuFal heritage featuFes or on their eonleginal frrnnfinns• , and, whe ihlnproye nr resteethe-healthm, diversity andd size heritage features; featrrrem be maintained and, where pessihIe, imprnve do�stvi° before, during Ater G RStrU"cvn,r Z9Re as p eGifed in Tale ! 1 Gf rthis Plan smiGent, it Rot 6 ...,,evemeRt eF resteFatiE)R of natum!self sustaining vegetation WithiR it", i-i)Snerify the need for and dimonoinns of a minimum vegetation PFG)t eta} ere Tab-lre 4 1 of r this Plan roes not idenr t,fy c ho the maintenaRG and, wheFe pessible, iMpFeVeFn6Rt r restoration of natuFal self sustaining vegetation within it; j) iR the Gase of a natuFal heFitage featwFe that is fish habitat, eRsuFe U1 in the Gale a of°i zife-dc-ie rGe ANSI identifieditt Table 4 1, the basis en , type,seml slepe Glass and vegetation type, using Griteria established by the GGyernment of Ontario amended as amenerd from time to time n) Existing subsection 4.4.41 is deleted in its entirety. 4.4.41 lR aGGeFdaRGe with SeGtiGn 4.4.39, a ,HYdFE)lGgiGaI Fivaluatk)R shall alse be MeraiRe This evaluation Shall.• a) deMeRStFate that the development E)r site akeFatiep will have Re ai-hierse effenfs On the hydroloninally sensitive Feature or en the anRwhp�gpssihle improve or restore the health diversity and size of the hyrdrolegi alheenssitive feature• G determine whether the minisman vegeetatir'TVR pmteGtien Lnnee whose rdim ore speoifierd in Table 4 1 is s„ffinient anrd if it is net arr-rref�S�B-FlS arc�pern'rca-rn-ras�TC-r 'r-r.�-vvn'rarcn',�a'r'ra-rr-rrr�-rrc�'c PFE)teEt;en zone and previde fer the rmaaintenanGe and, There pf)ssrbic_ irrmpFE)yement er restoration of natuFal self_sustaining ,i getafion within it; a d d) in the Gase of permanent and intermittent streams, and seepage areas and springs as identified in Table 4 1, the basis cR rvv 'Gh + � determination anrd speoifiGOtien mentioned in subsection G) abode is dene shall inGlude, witheut limitatien, an analysis ef land use, seil type and slope Glass, Griteria established by the Government of , Qntarin as amended from time to time , o) Existing subsection 4.4.42 is deleted-in its entirety. 4.4.42 Li ndform Goser.,atfon PlaR shall a) one eF mere maps shewingL GhaFaGter-ef the site, vVifhm an interval RGt mere than tcvv-e-rMetFes aRal sib- site by clone type (for example medeFato nr stoop\ sigpifioanf landform featuFes sUnh as ravines and ridges all water be dies inolUrding intermittent streams and nonrls iRG g • retention of significant lanrdform features in an open, i Rdisti rrherd fGF4 P • road alignment and b uilydiRg nlaGement to minimize rrrarding Fern iirements • GenGentratien of 61evCf en Of the cite that ere not use of iRReyative building decigR to minimize gFadinn rervi iiremento •• use of selective grading tenhnigi des p) Existing 4.4.43 shall be amended as follows: 4.4.43 Within the Oak Ridges Moraine, an application for development or site alteration with respect to land in an area of natural and scientific interest (earth science) or the related minimum area of influence shall be accompanied by an Earth Science Heritage Evaluation_ + s;q that will ensure protection of the geological or geomornhological attributes for which the area Of Ratural and scientific interest was identified; anrd on necifie the rdimensinns of that -gone an'rl pFeyirdes for the maiRteRanGe and, mere pessihle improvement nr restoration of natural elf sustaining vegetation within it q) Existing Section 5.3 Policies are hereby amended by adding a new sub-title "Municipal Finances" after Policy 5.3.7 r) Existing subsection 5.3.8 is hereby amended as follows: 5.3.8 A Financial Impact Analysis may be required to evaluate the impact of the proposed development on the operating and capital budget of the Municipality. The Financial Impact Analysis shall also consider the impact on the development charge project sequencing and priorities, and on the multi-year budget and long term financial plans of the Municipality. T-tie 8 . The Municipality shall select and retain qualified professional expertise to undertake a Financial Impact Analysis such a study but with the expense of the study shall to be borne by the proponent. Where such an analysis demonstrates that the development will have an adverse effect on the Municipality's financial situation, then the development will be considered to be premature and contrary to the intent of this Plan. s) Existing Section 5 Growth Management is amended by adding a new Subsection 5A Urban Design as follows: "5A. URBAN DESIGN The Municipality of Clarington is committed to excellence in the design of public spaces and in the design of public and private buildings. Urban design provides the context for the way in which people interact with the built environment— streets, blocks, buildings and open spaces. Good urban design creates a comfortable environment for residents and establishes a positive image for our community. 5A.1 GOAL To create a built environment that celebrates the history and character of Clarington, fosters a sense of place for neighbourhoods and communities, promotes a positive image of the Municipality, and enhances the well- being of residents. 5A.2 OBJECTIVES 5A.2.1 To create a high quality public realm and image for the Municipality in all land uses. 5A.2.3 To create neighbourhoods that give priority to sustainable design, including environment-first principles, walkability, land efficiency, compact and connected communities and resource and energy efficiency. 5A.2.4 To create attractive safe communities with a sense of place and a diversity of built form that supports future intensification and redevelopment. 5A.2.5 To create a built environment that gives priorit V to walkable design and facilitates an active transportation system including walking, biking and public transit. 5A.2.6 To utilize the principle of universal design to create a built environment that is accessible for all residents. 9 5A.2.7 To design buildings and space that do not negatively impact adjacent buildings or detract from the specific identity or character of an area. 5A.3 THE PUBLIC REALM The public realm is the most highly visible portion of our community. It comprises public streets, sidewalks, parks and publicly accessible open spaces, trails and paths, rights-of-way, public buildings and civic facilities. 5A.3.1 Public streets and rights-of-way are considered significant public places. Their design should reflect the multiple roles and functions by ensuring that: a) they accommodate a variety of transportation functions, including walking, transit, driving, and cycling; b) street trees and landscaping provide protection for pedestrians and enhance the attractiveness of the street; c) utilities and services will be located below grade to the greatest extent possible. Where this is not possible, transformers and similar equipment will be screened or located within buildings; d). in Town and Village Centres, the streets' function as a gathering place is recognized by providing pedestrian amenities such as wide planted boulevards, attractive street furniture and-"character of place" street lighting; and e) they accommodate street furniture appropriate to the character of the area. 5A.3.2 Public streets will be designed to provide an interconnected grid-like pattern of streets and blocks that are walkable and flexible by: a) having consideration for natural features and terrain; b) limiting the length of streets and blocks to assist with pedestrian and bicycle circulation; c) maximizing the number of street connections to arterial roads; d) designing streets that are safe for cyclists; e) having a convenient system of sidewalks; f) limiting window streets and avoiding cul-de-sacs and street-to-street walkways; and g) not incorporating measures to restrict access and circulation through neighbourhoods. 5A.3.3 Public art is a distinguishing part of our public history and our evolving culture. It reflects and adds meaning to our communities. The Municipality will support: a) the incorporation of public art as part of public facilities; 10 b) the integration of public art in new development, particularly Town and Village Centres; and c) public art that reflects on the community character and cultural heritage. 5A.3.4 Public buildings, facilities and spaces are an important part of a community. They accommodate and facilitate the delivery of public services and enhance the quality of the urban structure and its public spaces. Generally public buildings shall; a) be located on prominent sites such as terminal vistas or areas with high visibility view corridors; b) be located centrally to the area they service, such as a neighbourhood; c) have significant street frontage and high quality landscaping; d) be oriented to the street incorporating massing, detailing and entrance features that support its importance to the community e) set an example in architectural and sustainable design. 5A.3.5 Gateways are key locations that are to be designed to serve as landmarks highlighting the arrival off Highway 401, entrance into a Town or Village Centre, or a transition from the rural to urban or hamlet area. They may also be prominent intersections as defined in Section 5A.4.6. Gateways shall: a) include design features such as specialized landscaping, low walls, lighting signage and architectural elements, and upgraded pavement treatment; and b) Recognize that the primary focus of a gateway is oriented to vehicles with the exception of entrances to Town or Village Centres, where pedestrian features are desirable. 5A.4 BUILT FORM 5A.4.1 Existing Neighbourhoods New development and redevelopment in established neighbourhoods will be designed to: a) respect and reinforce the physical character of the established neighbourhood having regard to the pattern of lots, streets and blocks, the size and configuration of lots, building types of nearby properties, the height and scale of buildings and the setback of buildings from the street, rear and side yards; b) in neighbourhoods of historical character, be consistent with the built form pattern of the area; 11 5A.4.2 New Neighbourhoods New development and emerging neighbourhoods will be designed to: a) create a distinct neighbourhood identity; b) have an appropriate built form and design as determined through a comprehensive Secondary Planning processes having regard for the overall community character. Where a previous Neighbourhood Design Process was undertaken, guidance will be provided through Community.Theme and Design Plans; c) address the Municipality's General Architectural Design Guidelines or any neighbourhood specific Architectural Design Guidelines; and d) provide for a variety of housing type and supportive land uses, including commercial and community facilities. 5A.4.3 Centres Corridors and Intensification Areas Development in Centres, Corridors and Intensification Areas will be designed to: a) have buildings sited near the street line to contribute to a sense of enclosure and a strong street edge; b) recognize the historic context; c) locate main.building entrances that are visible and directly accessible from the public sidewalk of the main street; d) provide active ground floor uses and avoid blank fagades; e) enhance the built environment with attention to massing, building articulation, architectural detail, the use of local materials and styles; f) enhance the pedestrian environment with awnings, pedestrian scale lighting, landscaping, benches and other street amenities; g) provide transitions in scale to areas of lower density; h) provide for adequate light and privacy for the occupants of new development and the occupants of adjacent properties; i) minimize adverse shadow and wind impacts on neighbouring properties or the public realms areas; and j) enclose or screen roof top mechanicals, including the incorporation telecommunications equipment within the building. 5AAA Employment Areas Employment Areas will be designed to: a) provide for the highest quality and larger-sized building along Highway 401 with no outdoor storage permitted; 12 b) maximize the placement of buildings along the frontage of lots facing public streets while minimizing surface parking at the front of any buildin c) buffer and screen any surface parking area visible from the street; and d) buffer and screen any outdoor storage areas, where permitted, through the use of setbacks, berms, landscaping and fencing. 5A.4.5 Drive Throughs The following policies shall apply to the development of drive-through facilities where they are permitted: a any drive-through facility must be located on a lot sufficiently sized to accommodate all activities associated with the drive-through facility; b) all buildings containing drive-through facilities shall be oriented to the Primary street frontage. No portion of the stacking lane and no parking spaces or drive aisle shall be located within the setback area; c) drive-through facilities shall be sufficiently separated from residential uses to avoid issues of land use compatibility; d) a drive-through facility will have sufficient dedicated stacking lane to prevent vehicles from interfering with on-site and off-site vehicular circulation; and e) any additional policies as may be contained in Secondary Plans. Subsection b) does not apply to lands designated Highway Commercial. 5A.4.6 Prominent Intersections Prominent intersections in the Municipality are identified on Table 5A-1. Additional prominent intersections may be identified through Secondary Plans. Prominent intersections may also be gateways. At prominent intersections, buildings shall be designed to provide a community focal point by having: a) massing and height sufficient to emphasize the significance of the intersection; b) high quality building materials and building articulation on both street frontages; c) significant areas of transparent glass ; d) special architectural elements such as the corner design, massing and height, awnings, and entrance door features; e) the main public entrance located at the corner; and f) landscaping, street furniture and where appropriate, public art - elements to complement the intersection and the building design. 13 Table 5A-1 Prominent Intersections Courtice Newcastle Durham Hwy. 2 and Townline Road King Ave. West and Baldwin Street/North Street Durham Hwy. 2 and Trulls Road Kinq Ave. East/King Ave. West and Mill Street Bloor Street and Townline Road Durham Hwy. 2 and Brookhouse Drive/Arthur Street Bloor Street and Trulls Road Durham Hw . 2 /Kin Ave. West and Rudell Road Bloor Street and Courtice Road Bowmanville Durham Hwy. 2 and Boswell Drive Libertv Street and Baseline Road Durham Hwy. 2 and Martin Road/Durham Baseline Road and Durham Regional Road 57 Regional Road 57 King Street West and Scugog Street Longworth Avenue and Liberty Street King Street East/King Street West and Longworth Avenue and Scugog Street Temperance Street King Street East and Libert Street Durham Hwy. 2 and Bennett Road Durham Hwy. 2 and Lambs Road 5A.4.7 Signage Signage is recognized as an integral component of good community design and image. Signage shall: a) be designed and scaled to complement the built urban form and character and will not dominate the streetscape; b) be incorporated into the building wherever possible; c) not unduly detract from the overall visual attractiveness of the built environment; and d) contribute to promote the image of special character areas such as historic downtowns. 5A.5 SUSTAINABLE DESIGN Clarington will seek to become a more sustainable community that minimizes the consumption of energy and resources and lessons the impacts of residents on the natural environment. To this end, the Municipality will: a) promote energy efficiency and conservation corporately and in new development; b) promote mixed land uses at higher densities to efficiently utilize existing infrastructure; 14 c) promote the integration of transit into the early stages of new development; and d) implement green development standards incorporating energy efficiency, water conservation, enhanced indoor air guality, use of non- toxic and recycled content building products, renewable enerq_y sources, green roofs, landscaping and tree planting programs and low energy appliances. 5A.6 IMPLEMENTATION 5A.6.1 Urban design policies will be further elaborated through: a) urban design policies in other sections of the Official Plan; b) urban design policies in Secondary Plans; c) urban design guidelines adopted in relation to Secondary Plans; d) urban design briefs and guidelines on specific topics/sites (i.e. landscape, lighting); e) the zoning by-law (site and building performance standards); and f) the sign by-law, as.amended. 5A.6.2 Urban Design policies have equal value to land use policies and any other Policy in this plan. Both land use and urban design policies must be considered in the interpretation of the context of the site and building. 5A.6.3 The policies contained in this chapter are intended to provide guidance for all types of development. For specific design requirements for residential, commercial and industrial developments refer to: a) Chapter 9 Residential Neighbourhoods; b) Chapter 10 Town and Village Centres; and c) Chapter 11 Employment Areas. t) Existing subsection 8.1.1 Goal is hereby amended as follows: 8.1.1 To promote a culture of conservation that will support cultural achievements, foster civic pride, strengthen the local economy and enhance the quality of life for Clarington residents .in the conservation proseNation, restoration and utilization of the Municipality's cultural heritage resources. u) Existing subsection 8.2.1 is hereby amended as follows: 8.2.1 To encourage the conservation, protection and maintenance of^^tee and enhan^° cultural heritage resources including: 15 • structures, sites and streetscapes of cultural, historic and/or architectural significance • significant archaeological and historic resources • significant landscapes, vistas and ridge-lines v) Existing subsection 8.3.1 is hereby amended by as follows: 8.3.1 The Municipality, with the advice and assistance of the Clarington Heritage Committee (CHC) will shall: a) prepare and maintain a list an in„on+on, of cultural heritage resources; b) add properties of cultural heritage value or interest to the Municipal Register as appropriate s upport the oonsewati„n of heritage Fese irnoc listed in girl invon�nnr c) designate any such cultural heritage resource pursuant to the Ontario Heritage Act; d) identify and consider designation of cultural heritage landscapes or portions thereof identified in Section 8.3.6; identify o designate-a gFe p or groups of heritage properties as a Heritage Genseryatien District-9he�it^ge zeno QEGGrdaRGe with QoCfinn 8.3.6, -'-i i� rnr 9 e) assist property owners in obtaining funding for cultural heritage resource conservation projects; and rover the �+inn of rese pees n—e aT�ueG!c) i�yuiac p r i aRt to the Ontario Heritage Ant; and "" "� ff) undertake the periodic review of the Clarington Heritage Committee's structure and mandate. w) Existing subsection 8.3.2 is hereby amended as follows: 8.3.2 Where a cultural heritage resource c+r„Gf„ro or distFiGtl is designated under the Ontario Heritage Act or a St y is recognized on the cultural heritage resources list, the Municipality wH4 shall: a) allow alterations, renovations, additions or repairs provided the proposed changes are compatible and consistent with the building and the surrounding area in terms of building materials, colour, height, scale and design.including windows, doors and roof lines; b) discourage the demolition or the inappropriate alteration of a cultural heritage resource; c) require infill buildings to be compatible and consistent with the surrounding buildings and streetscape in terms of building materials, height, width, scale, colour, setback and design including windows, doors and roof lines; 16 d) prepare urban design guidelines governing the alteration, development or redevelopment of districts or neighbourhoods; aid e) consider the conservation of cultural heritage resources soh ctrl into gyres and Ianrlonapec in the placement or modification to infrastructure. x) Existing subsection 8.3.3 is hereby amended as follows: 8.3.3 Wherever possible, built heritage resources stru es should be retained for the original use and in their original location. Where the original uses cannot be maintained, the adaptive reuse of built heritage resources °try,des will be supported. If no other alternative exists for maintaining structures in their original location, consideration may be given fer to the relocation of the structure. Y) Existing subsection 8.3.4 is hereby deleted and replaced with a new subsection 8.3.4, as follows: "8.3.4 Development and site alteration may be permitted on lands adjacent to a protected heritage resource where the proposed development and site alteration has been evaluated through a Cultural Heritage Resource Impact Assessment and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. Mitigative measures and/or alternative-development approaches may be required in order to conserve the heritage attributes of the protected heritage property affected by the adjacent development or site alteration." Z) Existing subsection 8.3.5 is hereby amended as follows: 8.3.5 In achieving its cultural heritage objectives, the Municipality W&shall: a) promote public awareness and appreciation of cultural heritage resources; b) encourage the private sector to support the conservation of cultural heritage resources; c) support and promote the Clarington Museums and Archives d) restore, rehabilitate, enhance and maintain Municipally-owned cultural heritage resources pFOPertieS; e) among the Demolition Cc)ntrnl By law to implement the PeIiG26S of this PaR witheGt te heritage stFu^tue encourage the salvage of architectural features and the documentation of the cultural heritage resource in the event that demolition is inevitable; and f) consider, in co-operation with the development industry, the development of a heritage subdivision to accommodate the relocation 17 of heritage structures which cannot be incorporated into new developments. aa) Existing subsection 8.3.6 is deleted in its entirety and replaced with the following: "8.3.6 The Municipality has identified the following cultural heritage landscapes of importance which have been or may be considered for heritage conservation districts: a) Beech Avenue Heritage Conservation District, Bowmanville; b) Heritage downtowns of Bowmanville, Newcastle and Orono; c) Old Bowmanville (North Ward); d) Old Bowmanville(South Ward); e) Old Newcastle Village (Highway 401 to downtown); f) Old Newcastle Village (downtown to CPR g) Camp 30 - Boys Training School, Bowmanville; and h) Hamlets of Enniskillen, Hampton, Newtonville and Tyrone" bb) . Existing subsection 8.3.7 is hereby deleted and the subsequent subsections are renumbered accordingly. 8.3.7 The MUROG'Pality Will undertake a study te ideRtify s�gpifiGant , identify si soh areas affented by an annlioa+inn cc) Existing subsection 8.3.8 is hereby amended as follows: 8.3.8 Where development will cause an impact to archaeological resources or areas of archaeological potential, an archaeological assessment will take place in accordance with provincial guidelines. Development and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential if the significant archaeological resources have been conserved by SignifiGaR arGhaeQl�+Cal rrreseUF�-that are IGGat°ed-'�'Onr the Site of aRy propno° development will he nonsenied through eith e r preservation on-site or by removal and documentation., er nresewati„n nn_of+°. Where significant archaeological resources must be preserved on site, only development and site alteration ,which maintains the heritage integrity of the site may be the permitted. , to satsfaG n of the MunTninolity and the PFeyiinGe. The nrnnnnent is required to oonsult with First Nations peoples when hl lman remains are disGevered that are believed to be of native origin dd) Existing subsections 9.3.4 and 9.3.5 are hereby amended as follows: Q 18 9.3.4 The predominant use of lands designated Urban Residential within each neighboWheed shall be for housing purposes. Other uses may be permitted which by the nature of their activity, scale and design are supportive of, compatible with and serve residential uses. These include Gv;-er convenience stores, home-based occupation uses, parks, schools, and community facilities. Parks, schools, and community facilities shall be permitted in accordance with Section 18 of this Plan. 9.3.5 fir-Convenience stores may be permitted in Residential areas including the establishment of such uses on the ground floor of a multiple unit residential building. A rezoning application shall be evaluated based on the following criteria: a) the store contains no more than 500 250 square metres of gross leasable retail floor area; b) the store provides a limited variety of items of daily necessity, or services that serve the surrounding residents; c) the store does not have direct access to a Type A or Type B arterial road; and d) parking shall be located at the side or rear of the building. ee) Existing subsection 10.3.5 is hereby deleted in its entirety and the subsequent subsections are renumbered accordingly. •image. It is mi rnioinal noliGy that a) the design and GGale e""gnage hall oomnlement rather than dominate the lanrdsGane• wherever pessihle• G) it will not unduly detraGt from he eyerall visual attraotiVeness cf the ; and d) it will he designed and Innated se as not to he hazaFdG is for either pedestrians or motorists Mere speGifiG guidaRGe regarding signage shall be provided through urban n nolioias and M iniGinality's Sinn By layer Speoial sig ary de&If�n-P°'T-T`�uncr- crFsccrrc�.r`�T'9r'-vy- areas of the M unioinality ff) Existing subsections 10.4.5 and 10.4.6 are deleted in their entirety. 10.4.5 Town and Village G8RtFes shall be developed in aGGE)FdaRGe with the 19 a) a gpi.d system E)f streets and walkways- shall be iRGerpeFated te fulfil vehio111ar and pedestrian reel firements and to funotion as planes of vvo Gial i7cec'rr-G'^cciorn-r, h\ an integrated and diverse mix of uses shall be planned and developed• •u and u�v v1vNv G) aGCT"Ge J1i"ee life 08 I.+-TI'^nG�'QTQged TGI-Ileugh the PTVPTSTOTi-`ol FRWRiGipal patios, 1 (Ventres and will ho enhan^odl thrgugh development Whi^h is human in v�r,-c,-��,-ra--vv-rrrp,� �.,..,.may.. development ......,.. ,�, .....�...,.. saGale h1fildings of high-aFGh cc^c-cainl quality, grade evell doem and WiRdews and the provision of street hon^hoo aWmiRgS pedestFiaR Gale lighting and sfroetsc-ape amenities• 1 1 e) buildings wall be sited tG provide a GE)RtORLIGIAS faGade te defiRe the the street and to provide a sense of enolosllre; �P.�'�C.-r.. street and -- provide -- oc%1�c o1 c%lci ci�crrc deveiepment within histori^ deWRtGWR areas chef ld r_omplomon� ��'crsr ting buildings, have GGnsisteRt height, se Gk, fIo—r oor-and i r -oei ii `g level arrangement and height of WindOWS and h1 filding materials; g\ deftelo ngenf of a transit supportive environment inGlUd_i_nn consideration of the reel firementc of Ce^tien 1 Q Q• and v�ri��crctcrvrrvrmv—t•-c�a�rrcmc�-nvvro c�..�....1 1 .......,, �.,..., h) publiG safety will be enhaRGed in the design and Siting of buildiRgs and nl lblic even spaces to provide visibility, easy access multiple rot rtes, and 1 rnobstrl lasted views from treets and buildings. I Irh n design nrincinles will he further elaberated through the Urban de inn Policy fGF Specific TGWR and Village (Ventres as set eut in Seetlen 10.4.6 of the Gial Plan and Qe^ondary Pans (lef,elnnmenf shall r+emnlY with area specific 1lrban design guidelines i 0.4.6 IR TOWR E)F Village GeRtF86 where detailed urban de-",'. 'shave net been prepared the urban design principles of 10.4.5 and the following appreval of for pede mans wherever nessible• wherever possible; G) land use GGmpatibility between GE)MMeFG;al residential buildiRgS and GOMMunity use shall be aGhieved through appropriate building siting-, design and landscape treatment; d) hagh quality landsGape treatment shall be provided with paFtiGUla regard toGreeR g narking areas visible oottrhTe street nroViding shade for pedestrians and mitigating heat island effort 20 e) buildiRg form and SitiRg shrill minimize he ef noise, Ann a shadows and shall enhaRGe views E)f landmark e parks and fl lightiRg imnar+ts will be minimize d• n\ eRergy effiniont design and oriontatien whinh maximizes the uco of , h) refuse GelleGtieR areas will be 'Rternal to buildings whepever pe-s-sible- the PFiRGipal building Gn the 0 i\ 'Gadinn areas anrd refuse nnllontion areas shall be i nohtrusiv aRtiGipated RGiSe impaGtS will be mitigated, the areas will be SGFeeRed �n wheFe neG8saF ^I' • 's' � geReFally'-be lGGated-at the-'side-e the ea-r of the b iilydlnr . e i\ nn noon sterage is permi#ed 0 possible. gg) Existing subsection 10.4.7 is hereby amended as follows: 10.4.7 Drive-through facilities are not desirable in Town and Village Centres. Drive-through facilities will be prohibited in certain areas and appropriately regulated in other areas to minimize impacts on roads and the pedestrian environment, to ensure compatibility with adjacent uses and to achieve the built-form objectives of this Plan and the Secondary Plans. The fellewip'g �i�-s shall apply to t�ev nmenfcrt of dFive ti li ugh fun'l ::there they aFe permi#ed a) aRy drive through faGility must be IGGated en a let suffiGiently sized te I . iar stFeelt f o NG'PGFtiGR of the staGkiRg lane and nn parkirR ,spanos er drive aisle shall be-leGated withiR the setbaGk ., \moo through shall be sl #iniontly separated from rosidentir+l us os to aVGird issues es of laR d use GOMpatihility; rc.�a cr-rcrcli-- r .T��--crvvrci-r�sJac�--v�--rCtr rct-a-.c- N�.�.......�y, prevent vehFnss fFOrn RtepfeFiRg with en site and e# site � eham'GulaT e \ aRy additional r.nlinies as may be nnntoine d in SeGendapy Plans." hh) Existing subsection 10.4 Town and Village Centres is hereby amended by adding the following subsections: 21 10.4.9 Urban Design 10.4.9.1 Town and Village Centres shall be developed in accordance with the following urban design goals: a) to provide an integrated and diverse mix of uses; b) to encourage an active street life through the provision of municipal squares, pocket parkettes, street-related buildings, outdoor patios, possible outdoor display and selling areas, and other amenities; c) to develop a transit supportive environment; and d) to establish a grid system of streets and walkways to fulfil vehicular and pedestrian requirements and to function as places of social interaction; 10.4.9.2 In Town or Village Centres the following urban design policies shall be implemented through the review and approval of development applications: a) buildings shall be street-front oriented and provide direct street access for pedestrians; b) buildings shall be designed to create a pedestrian-scale environment, and promote active and comfortable streetscapes and edges through the inclusion of entrance elements windows articulated wall areas and roofs; c) building form and location shall minimize the impacts of noise, wind and shadows and shall enhance views of landmark buildings, parks and open space; d) the mass and height of buildings shall be mitigated through the stepping back of upper floors to allow for sunlight penetration on adiacent streets and properties, and to create more pedestrian oriented streetscapes; e) the development of street facades with identical-building height and blank, uninterrupted wall surfaces shall be prohibited; f) high quality landscape treatment shall be provided with particular regard to screening parking areas visible to the street, providing shade for pedestrians and mitigating heat island effects; g) common vehicular access and internal circulation including service lanes connecting abutting properties shall be provided wherever possible; and h) for sites with frontages on more than one street, the public entrance shall be oriented toward the street with the greatest pedestrian activity, or in the case of a corner site the entrance shall face the intersection." ii)- Existing subsection 10.6 Neighbourhood Centres is hereby amended as follows: 22 10.6.4 In the review of development applications, the following site development aR-d urban design sri#eF+a olp icies will be implemented: a) a floor space index for retail uses on any site not exceeding 0.30; b) a maximum combined floor space index of 0.50 where there are second storey office or residential uses; c) with the exception of a grocery store/supermarket, a maximum of 500 square metres of gross leasable floor area for any individual store; d) street-related building forms are preferred but as a minimum direct pedestrian access will be provided from the street to some stores within 4 m of the streetline; e) compliance with Semi°n 10.4.6 b) t„ i) applicable provisions contained in Chapter 5A Urban Design and subsection 10.4.9.2; and f) provision of a public square in accordance with subsections 10.6.5 and 10.6.6. jj) Existing subsection 10.8.2 Highway Commercial Districts shall amended as follows: 10.8.2 Highway Commercial Districts shall be developed in accordance with the following urban design goals grin : a) to promote a variety of urban forms including plazas, free- standing stores, and mixed use buildings; b) to create a consistent_Gy4 building setbacks from the road and a harmonious architectural style should he ar.hie„ed; c) to support an automobile-oriented environment is antiGinat requiring efficient and safe traffic circulation through: • road improvements such as turning lanes; • consolidation of vehicular access points; • provision of common internal traffic circulation between parcels; and d) to provide safe, well-defined pedestrian walkways sheuld be provided from the street to the store entrance, and between buildings. kk) Existing subsection 10.8.3 is hereby amended as follows: 10.8.3 Highway Commercial Districts shall be developed in accordance with the following urban design policies: in Semi°n 10.8.2 and the fr,IIGWiRg site development nriteria shall he implemented: a) a floor space index for any development not exceeding 0.30; 23 b) sufficient and convenient parking with surface parking lots partially screened through the use of effective buffer planting; c) safe, efficient road access to the site and/or integration of traffic access with other sites; d) the planting of trees throughout the parking areas to reduce the urban heat island effect; e) the location and design of outdoor,storage and display areas to be visually acceptable and generally screened from the road and freeway frontage; and - f). GeFnpliaRGe with the provisions of 10.9.4.2 10.4.6 G) t9 i� II) Existing subsection 10.9.4 is hereby amended as follows: 10.9.4 Service stations will be designed in accordance with the following urban design policies: G9%idepatien°: a) a high quality architectural design, landscape treatment and fencing with particular attention to corner treatment; b) lots should be sufficiently large to accommodate the proposed uses and provide appropriate buffers to adjacent uses; c) access points to each site shall be limited in number and shall not impede traffic flows. Internal access to adjacent commercial properties shall be provided wherever possible; d) convenience retail uses shall be sensitively designed to the context, have high quality finishes facing the street, generally have less than 250 square metres of floor area, be sited on the street corner; and in urban areas provide direct pedestrian access from the sidewalk; e) ancillary drive-through facilities are prohibited in Town and Village Centres and in all other areas will be sufficiently separated from residential uses; garbage will be onGOMFne aced internally er within a separate and fully 0 f g)fencing, landscaping and architectural treatments, and other appropriate measures will be used to mitigate any noise impacts identified by a noise study; and g h) signage shall be minimized; a44d mm) Existing subsection 11.3.1 is hereby amended as follows: -11.3.1 Employment Areas consist of Prestige Employment Areas, Light Industrial Areas,a-nd General Industrial Areas and Business Parks as designated on Map A. 24 nn) Existing subsection 11.3.2 is hereby amended by adding a new section h) which shall read as follows: h) no auto-auction facility, auto wreckers, asphalt/ready mix facilities shall be permitted unless they are located on a parcel of land less than 2 ha in size. oo) Existing subsection 11.3 is hereby amended by adding the following subsections: 11.3.3 The conversion of lands within an employment area to a non-employment use shall only be permitted during the five-year Official Plan review, or at any time the Municipality undertakes a comprehensive review of employment areas. 11.3.4 Council may permit the conversion of lands within employment areas to a non-employment use only where it has been demonstrated, to the satisfaction of Council, that: a) the land is not required for employment purposes over the long term; b) there is need for the conversion; c) there is existing or planned infrastructure to accommodate the proposed conversion; d) the conversion will not adversely affect the overall viability of the area of employment; and e) the potential impacts of the conversion have been considered on a municipality wide scale." pp) Subsection 11.4.1, shall be amended as follows: 11.4.1 The Business Parks designated on Map A comprise lands having prime exposure tG fFeeways- along Highway 401 and major arterial roads. Development within Business Parks is intended for employment uses exhibiting the highest standard of building design and landscaping.in order to provide an attractive appearance that reflects or takes advantage of such high visibility. qq) Subsection 11.5.1 is hereby amended as follows: 11.5.1 The Prestige Employment Areas designated on Map A comprise lands having prime exposure to frays along Highway 401 or major arterial roads. Development within this designation is'intended for employment intensive uses exhibiting a high standard of building design and landscaping in order to provide an attractive appearance that reflects or takes advantage of such high visibility. 25 rr) Subsection 11.5.4, is hereby amended as follows: 11.5.4 Development within Prestige Employment Areas shall be subject to a high level of architecture, landscaping and signage control. Outside storage or display of goods shall be strictly prohibited. The Municipality may develop design guidelines to assist in the review of development applications adjacent to Highway 401. ss) Add new subsections 11.5.5 and 11.5.6 which shall read as follows: 11.5.5 Adequate parking and loading facilities shall be provided on the site. These facilities, except for a limited amount of adjacent visitor parking, generally shall not be located between the building(s) and arterial roads or Highway 401 to promote a prestige appearance. Shared access and parking among various properties is encouraged. 11.5.6 Development of the interchange lands is to be characterized by pedestrian-friendly, high-quality, landmark built form that conveys a Prestige employment image and definitive urban presence." tt) Subsection 11.6.2 is hereby amended as follows: 11.6.2 The predominant use of land in the Light Industrial Areas shall be manufacturing, assembling, processing of raw materials, fabricating, repairing, research and development and warehousing. Certain commercial, community and recreational uses, including banks, restaurants, athletic clubs, banquet facilities and fraternal organizations, are permitted provided they are limited in scale and provide services to employees of the Employment Area. In addition, accessory office uses will be permitted provided they are on the same lot and are related to and ancillary to the main industrial use to a maximum of 25% of the total gross building floor area. uu) Subsections 11.7.2, 11.7.3 and 11.7.4 are hereby amended as follows: 11.7.2 The predominant use of land in General Industrial Areas shall be manufacturing, assembling, processing of raw materials, fabricating, FefiRing, warehousing, StGFage and repair and servicing operations. In, addition, accessory office uses will be permitted provided they are on the same lot and are related to and ancillary to the main industrial use to a maximum of 25% of the total gross building floor area. 11.7.3 Outside storage shall generally not exceed 50% of the total gross floor area of the building will be permitted provided that it is pFeperly snreened fFE)m ni ihIin view d shall geReFally RG-e.ceeed--50% of the site arm and to a maximum height of 5 metres. Outside storage shall generally be located at the rear of the property. 26 11.7.4 TFUGk terminals, inGluding the repair, storage and sale Of GGMmeFGial +roncnnrF yehinles, Transport depots shall be located within the General Industrial Areas having direct access or close connection to an arterial road but not occupying high visibility sites adjacent to freeways or major entranceways to urban areas. Parking, loading and storage facilities shall generally be located at the rear of the lot, adequately screened from adjacent land uses, have a durable, dust-free, hard surface and suitable stormwater management facilities. vv) Existing Subsection 12.4.5 is hereby deleted in its entirety. 17 4 5 In the nGjieF'++i�onn��f aR amenrdmeRt �+�finial Plan fnr t -rte .crrT-crr�—c expaRSien te-the limits ef a hamlet, a settlerReRt GapaGity study shall be el o Durham in nnnc t+o+inn With n+h +n prnyirle +he #fig: a) an analysis of the hydFegeelegiGal regime 'R the area to deter',,,n;e basis;the availability and quality of groundwater on a !E)Rg term b) an assessmen f o nh as mi ins rd .�.r.:,-Rte,-r�-6T-.zeflff tefNatN/e&��„-�-�,��,,,�El�al-afla noRrlen+inn existing rdeVe/nnmenf+n SUGh GyStGmc; the 8ffeGtive eperatien of private—se�n�ocavagve disposal systems, where optimal seniiniRg el+ematiye• ) aR asses'sMeRt of surfana drainage, ; aR iRVeRteFY of ArtarallTher4 a recooamec+ and an oscsessmeerlt E) hOW new gFev+h will he nmmplemeRtary to and nnncicten+ With, the hic+nrin nharan+er of the area; gFeyAh 9R the o T h) an assessment GfSe^VG;Rg-alter;atiyeSUGh as G "�'-�lmrmi-raTrai .a�.r..m-rcrr syste-m ; ) an asse.smreeRt ef-the imnoe egriG61Tt61 el Tondo oRd t ideRtif+c-atieR rref diFeGtiORS fGF gFOYAh WhiGh Will MiRimize S61Grhi impattc anrd a statemeRt of nnnfnrmity +n the Minimum niofonne i j)gther in�ferma+inn as may he rde°ermrreed-necGessary by the Muni y ww) Existing subsection 14.43 is hereby amended as follows: 14.4.3 With the exception of lands designated Environmental Protection Area within the Oak Ridges Moraine, all other lands designated Environmental Protection Area shall include a setback for development to be determined in consultation with the Conservation Authority and the Province. In the case of a stream valley, the setback shall be determined from the top-of- 27 bank and shall be based on a stable slope and the sensitivity of the stream valley. The setback for all other natural heritage features designated as Environmental Protection Area shall be determined based on the sensitivity of the specific natural heritage feature. In no case would the setback be less than 5 metres in width. In the case of new plans of subdivision or consents, lot lines shall not extend beyond the established setback. The limits of the Environmental Protection Area within the Oak Ridges Moraine area may be verified through the preparation of a Natural Heritage Evaluation or Hydrological Evaluation_. in oonorrdonoe with SeGtV'1n it it A0 and A Ail'1 of this Dlon xx) Existing subsection 15.3.6 is hereby amended as follows: 15.3.6 An application to amend this Plan to permit a new Aggregate Extraction Area or to expand an existing Aggregate Extraction Area shall be supported by an Aggregate Extraction Area Study prepared by the applicant. The Terms of Reference for the study shall address the matters set out in SeGtiE)R 15. ° Appendix "A" unless, as a result of consultation by the applicant with the Municipality, the matters which are required to be addressed in this particular study are scoped by the Municipality. Wherever reasonably practicable, the Study required by this Plan will be Ee-er-GiRated coordinated with the study requirements of other agencies, including the Province and the Region. yy) Existing subsection 15.3.7 is hereby amended as follows: 15.3.7 The Municipality shall prepare guidelines for the assistance of applicants in the preparation of the Aggregate Extraction Area Study. Among other matters, the guidelines shall elaborate the requirements of for Se t�iens 15.3.8, 15.3.9 and 15.3.1 n respeGtieg the preparation of terms of reference for the content of an Aggregate Extraction Area Study. Applicants who submit a study that satisfactorily addresses the requirements of an Aggregate Extraction Area Study of Seotinn 1 F 23,9 shall not be subject to the requirements of an Environmental Impact Study,, a^Hydrological Evaluation, or a Natural Heritage Evaluation Se^tt;eR 4 4.4.35, .4.3 ' and 4.4.39 and ovnont as pmyide-d fnr in SeGtinn 15.3.9 rr1 4A.40 of this Dlon zz) Existing subsection 15.3.8 is deleted in its entirety and the subsequent subsections are renumbered accordingly: i 5.3.8 The MuniGipality may GORSider it ReGessaFy te have a Peer Review ef aR The puFpese of the Peep Review will be tG eRSUFe that the Study satisfies the nolioieo of this Plan and non be relied i inon by the M UniGinolity in the 28 GGStS of the Peer-Review,�YYhiGhT^i'GcStG shall be eas�E)Rable. aaa) Existing subsection 15.3.9 is deleted in its entirety and the subsequent subsections are renumbered accordingly. - 3.9 An°-g9;e-gate E—xtFaEtien-AFea Study shall address the llE)Wi a) a description of the oontevt of the proposed applioa+inn ipoli Odin evicting lanilform featt4res all natuFal her itage feat gyres on and i PS, the development sife apd alonrr proposed haul Fe, rtes and evisfing linen ed pits apd evtraGtion limits apd ahapdoned pits; � e h\ a description of the proient inclUdino activities which may prods is e xt r�d- G) an evtraction plan• d\ an identifination and assessment of the impacts associated with the adjanent lands and-their ecolorinal fnnnfions; , 0 the ohiectiVes of any area wide rehahilitatier plan- , n\ the criteria of Sentinn it it 40 of this Plan fnr applications lonated Within the Natural I iRkage Area as identified OR Map-A-, h) the matters et out in Sentinn 15.3.10, apd 1 F 2 1 1 to 1 F `2 1 it inali�,� i�c i\ the ma#ors set of it in Sentinn 1 Q /1 4 and iT—rrn.—r-rtcrcr��Tacc-va-rm-vcccrvrr-rr.-r.-rte crrrcr to address the applicable policies of this Plan bbb) Existing subsection 16.8.4 is hereby amended as follows: SPECIAL POLICY AREA F 16.8.4 The applicable urban design goals of Section 10..4.9.2 and urban design policies of Section 10.4.9.3 PFORc--iPles Of SeEti3.2 and Site develOPMeRt eriteri�T,a Of SeEtiGR 10.3.7 apply to Special Policy Area F. 29 ccc) Existing subsections 16.8.4 and 16.12.2 are hereby amended as follows: 16.8.4 The applicable urban design principles.goals of Section 10.3.2 10.4.9.1, the urban design policies of Section 10.4.9.2 and the site development criteria of Section 10.3.7 apply to Special Policy Area F. 16.12.2 The implementing Zoning By-law shall allow as permitted uses, reforestation, conservation and a single 2500 square metre fur garment manufacturing facility, in a single building, to be used for the design, production and sale of fur garments. Accessory buildings and structures shall be permitted in accordance with the Comprehensive Zoning By-law, provided that no single accessory building or structure shall be larger than 100 square metres in size. A change in use from fur garment manufacturing to another single prestige employment use may be permitted, but shall require an amendment to this Official Plan and an amendment to the Comprehensive Zoning By-law, and may require at the request of the relevant authorities, the submission of one or more of the following to the authorities for approval: a) an analysis of the hydrogeological impacts b) an assessment of the impact on surface drainage c) a traffic impact analysis n cot out in Section /I it 35 of this Plan d-} an-environmental impact study; cr�'����Q���ro,-T—r--,.o o�-�r�-�Q,-r e) a stormwater management plan f) a servicing study g) studies with respect to impacts of noise, dust or odour, and h) other information as maybe deemed necessary by the Municipality of Clarington and/or.the Regional Municipality of Durham ddd) Existing subsection 17.2.2 is hereby amended as follows: 17.2.2 Notwithstanding the above, the 6.4 hectare parcel of land at the south- east corner of King Street and Trulls Road (identified under Assessment Roll # 18-17-010-050-22700-0000) may be permitted to develop up to a maximum of 13,900 square metres of gross leasable floor space for retail uses prior to the completion and approval of a secondary plan provided: a) the proposal conforms to the urban design goals prinGipleS of Section 10.4.9.1 10.3.2 and urban design policies site development rrito of Sections 19,3.7 10.4.9.2; and b) the Municipality has completed and adopted an urban design plan for the Courtice Town Centre which addresses the distribution and integration of land uses, the siting and massing of buildings, the pedestrian environment, traffic circulation including the location of public or private streets, public transit and parking. 30 eee) Existing subsection 22.3.1 is hereby amended as follows: 22.3.1 Community Improvement Project Areas and Subareas are shown on Map I of this Plan. It is the intent of the Municipality to prepare community improvement PFGjeG plans for each of the Community Improvement Project Areas, or parts thereof. These plans shall serve as the basis for community improvement works. fff) Existing subsection 22.3.2 is deleted in its entirety and replaced with the following: 22.3.2 The GE)MM Rity IMPrO /emen4 Areas ;and S baFeas are nrinritized w First Dribrity Second Priority Third Priority BuFketOR TleWG Vill Subarea N2 Bewmanv'lle Subarea B6 Hampton EnRiskil Ne.WG Vill S6baFea N I Leskard OFOR Hayes C!aFinntnn Cner:gy iNeYAGRVille Mitchell ('nrnerc Ri icineco Dorn "22.3.2 The Community Improvement Project Areas and Subareas are prioritized as follows: Completed First Priority Bowmanville B2 Bowmanville B6 Newcastle N1 Bowmanville B7 Orono Courtice C1 Courtice C2 Second Priority Third Priority Bowmanville B3 Bowmanville B1 Bowmanville B4 Newcastle N2 Bowmanville B5 Hampton Mitchell Corner's Newtonville" 31 ggg) Existing subsection 22.3.3 is hereby amended as follows: 22.3.3 Section 22.3.2 is to be used only as a guide in the preparation of community improvement project plans. Program choices, financial. constraints, on-site project necessities, and funding criteria may change the priorities. The Municipality may revise its priorities without the necessity of an amendment to this Plan. hhh) Existing subsection 22.3.4 is hereby amended as follows: 22.3.4 The community improvement prejec-t plans will be implemented by means of powers conferred upon Council under the Planning Act, the Municipal Act, and other applicable statutes including: a) municipal and private sector participation in available Federal, Provincial and Regional programs; b) the acquisition, improvement and disposal of land and buildings; c) agreements with any government authority or agency for the preparation of studies, plans and programs; d) the integration of community improvement projects with the ongoing maintenance and improvements of municipal infrastructure and programs; \ using the nrnVioinnc of the I GGaI Impmyemont Art to upgrade mi iniGipal c oniinoc Ieihoro _Annrr)nriato- ef encouraging public participation in the preparation of community improvement project plans; fg) encouraging infilling, redevelopment and other land use intensification activities; g#)supporting the preservation of historic or architecturally significant buildings and the use of funding programs under the Ontario Heritage Act; and h+) supporting local service clubs and other organizations in the development of recreational and other facilities and services." iii) Existing subsection 22.3.5 is hereby amended as follows: 22.3.5 The Municipality will consult with the Region of Durham when community improvement PFojeG plans are being prepared to ensure the co-ordination of improvements to sewer, water and other Regional services with municipal improvements. The Municipality will ebtain the nnnnUrrronno of consult with the Region prior to the approval of any community improvement pFejec plan. jjj) Existing subsection 23.1.2 is hereby deleted in its entirety and the subsequent subsections renumbered accordingly. 32 23,1 2 Ar Thof� cmi deep with the Healthry ('n tiocres gernm-rittee, a-se ♦es " " iRdiGato c kkk) Existing subsection 23.1.4 is hereby amended as follows: 23.1.4 The Official Plan shall be reviewed every five years as required by the Planning Act may he amended from time to time to ensure that it conforms with Provincial Plans has regard to matters of Provincial interest, is consistent with the Provincial Policy Statement, and continues to embody the policies of Council, enhancing the achievement of the principles, goals and objectives of this Plan. III) Existing subsection 23.1.5 is hereby amended as follows: 23.1.5 Prior to revising the Official Plan under section 23.1.3, Council shall hold a special meeting of Council open to the public to discuss the revisions that may required in accordance with the provisions of the Planning Act. n„hlio mooting at least onne every 5 years to y+onsider the need for a ommplete review of the Offigial Plan or slgnlfloant ngmpeneRtS eff_it mmm) Existing subsection 23.2.2 is hereby amended as follows: . 23.2.2 In order to provide ample opportunity for the public to review and discuss the proposed Plans, By-laws or amendments, notification of any statutory public meeting as required under Section 23.2.1 shall be given at least 18 consecutive days prior to the date of the public meeting and will be given ether in accordance with the Planning Act. bsyu- a) publiGation in a newspaper that is in the Glerlr's epininn rnf SLAGiently g,.,e,.,R,,�e/,.,,�� , tl R d/di- mail,b) personal sePAGe er pre paid fiFSt Glass , the pFE)pc)sal would apply at the address as shGWR on the last revis assessment roll-ef the MURiGip ality. Where the Gle k h�TeGei a , REAGe shall he given to the new E)WRer or 000„nant as the nose may he at�h� addreSS _s6tatin_the written notige•, and/or, G) persoRal serviGe 9F prepaid fiFSt Glas-s mail te every person and ageRG�4 that has giveR the Clerk a Written request fer SLIGh RGtiGe ;R respeGt of 33 nnn) Existing Subsection 23.2.4 is amended as follows: 23.2.4 Council may initiate amendments to this Plan in response to significant changes to the planning and development environment in the Municipality and, in particular: a) as a result of the 5 year review set out in Section 23. x.5 23.1.4; b) to implement the strategic policies set out in Part 11 of this Plan; c) in response to new Provincial Legislation, Provincial Policy Statements or Guidelines; and d) due to changes to the Durham Regional Official Plan. 000) Existing subsection 23.5.4 is hereby amended as follows: 23.5.4 Notwithstanding 23.5.3 within the Oak Ridges Moraine, the expansion of an existing building or structure on the same lot or expansion of an existing institutional use or the conversion of an existing use to a similar use that legally existed on November 15, 2001, may only be considered if: a) the applicant demonstrates that the criteria of Section 23.5.3 can be satisfied; b) there will be no change in use; and c) the applicant demonstrates in aGGC)FdanGe With SeGtiGR 4 4 39 of this Ptw:iT that the expansion will not adversely affect the ecological integrity of the Oak Ridges Moraine. ppp) Existing section 23.6 Subdivision and Condominium Approval is hereby amended by amending subsection 23.6.2 and by adding new subsections 23.6.5.through 23.6.7 as follows: 23.6.2 Where a plan of subdivision has been granted approval prior to the approval of this Plan by the Region, it is not the intention of the Municipality to apply the policies-of this Plan retroactively. However, in the event of.major revisions, or if the approval of a draft plan of subdivision lapses, the entire plan of subdivision will be subject to review and the growth management objectives of this Plan and the Region of Durham Official Plan previsions of this Plan shall apply. shall be considered as a key component of the development review process. "23.6.5 If a plan of subdivision or part thereof has been registered for eight years or more and building permits have not been issued, Council may use its authority under Section 50(4) of the Planninq Act to deem it not be a registered plan of subdivision. 23.6:6 Council shall require that approvals of draft plans of subdivisions include a lapsing date in accordance with Section 51(32) of the Planninq Act. 34 23.6.7 Common element condominiums and vacant land condominiums shall not be permitted if the Municipality requires public ownership of the lands for pedestrian or vehicular access to create local road connections to existing developed or undeveloped land." qqq) Existing subsection 23.8.1 is hereby amended as follows 23.8.1 All development shall be subject to site plan control, with the following exceptions: a) any building or structure within a public park; any hi iildinn OF ctri into ire GWRed nr operated by the M Uninipality e the Reg'GR r)f D Urham e a Gensepia+inn Authority,ithority, the gE)VernmeRt of Ontario or the GeveMment of GaRada, b) any structure erected for the purpose of flood or erosion control; c) any permitted agricultural building or structure; d) any temporary structure as defined by the Ontario Building Code; e) a residential building containing,less than 3 dwelling units; f) alterations to buildings or structures which do not alter the nature of the existing use; g) aggregate extraction activities which do not.include permanent buildings or structures; and h) any expansion or enlargement of a building or structure that is less than 20 square metres or less than 10% of the total floor area of the building, whichever is less; and i) the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1, 2007. rrr) Existing Subsection 23.8.2 is hereby amended as follows: "23.8.2 As part of a submission for site plan approval, the Municipality requires that the proponent demonstrate how the proposed design and the organization of the site and buildings will: a) implements the urban design policies of the Official Plan and any relevant Secondary Plans; b) in Town and Village Centres and in Residential Neighbourhoods, contributes to compact, urban and pedestrian-oriented form and function that enhances pedestrian and transit accessibility; c) safely addresses vehicular traffic impacts; d) implements sustainable development objectives including protection of the natural heritage system, energy efficiency, minimizing light 35 pollution and water consumption, stormwater management controls, tree planting and other enhancements to the natural environment; e) protects, enhances or restores the Municipality's blEt cultural heritage resources; f) demonstrates the relationship of the proposed building to adjacent buildings, streets and exterior areas to which members of the public have access, with surrounding ultimate la Rd uses and addresses imp"a e tVo nnifJo > > WiRd e#e Gts; g) provides landscaped areas and urban amenities consistent with the context of the planned land uses and the Municipality's landscaping, urban design and amenity requirements; h) makes appropriate provision for sequential staging of services including the construction of infrastructure to service the site; aid i) provide facilities designed for accessibility for persons with disabilities; and j i) implements any other relevant policies of this Plan. sss Existing Subsection 23.8.3 is deleted in its entirety. Under site plan oontrol to enter into one er mere agreements pursuant to the'Dlanning Aot to addFess all matters oontained therein inolirling ttt) Existing Section 23.8 Site Plan Control is amended by adding the following subsections: "23.8.3 To achieve the intent of 23.8.2, the Municipality, shall as part of the site plan approval: a) Consider matters related to exterior design, including without limitation the character, scale, materials, colours and design features of all building exteriors, exterior signage and lighting; and b) Require the inclusion of sustainable design elements on any adjoining right of way under the Municipality's jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities. 23.8.4 As a condition of the approval of the plans and/or drawings required in this Section, the Municipality may require the owner of the land to: 36 a) Provide and maintain, to the satisfaction of and at no expense or risk to the Municipality, the facilities, works or matters set out in Section 41(7) (a and b) of the Planning Act; b) Enter into one or more agreement(s) to ensure that development proceeds in accordance with the approved plans and drawings as required as set out in Section 41 (7)." uuu) Existing Section 23.11.3 is hereby deleted in its entirety. 23 1 1 3 The Community Park site shGWR on Map 2 seu h of Bloor Street on the east side.. of DreStRiele Read shallond ire for a neried of 15 dears from the date of annreyal of this PGliGY fthe QffiGiol Plan If the site� haas ne shall he deemed to he rdeoirvnaterd "1 Irhan Residential" anrd may he developed in annorrdanne with the nolinies for that rdesigRatinn vvv) Existing Section 23.14 Exceptions is hereby amended by renumbering it to Section 23.16, and by renumbering the subsections of the new Section 23.16 accordingly. www) Existing Section 23 Implementation is hereby amended by adding a new subsection 23.14 Community Benefits,'as follows: "23.14 COMMUNITY BENEFITS 23.14.1 In accordance with the Planning Act, within designated Village or.Town Centres, Council may in a Zoning By-law authorize increases in the height and/or density of development for a site specific development proposal beyond that permitted in the Zoning By-law, in return for the provision of such facilities, services, or matters that include a significant public benefit in accordance with the Community Benefits section of the implementing Zoning By-law. 23.14.2 Increases in height and/or density may be considered in order to obtain the following community benefits: a) the preservation of cultural heritage resources; b) the provision of major cultural or arts facilities; c) the provision of public squares, arcades and walkways within the development otherwise not required by the policies of this Plan that have functional benefits; d) the provision of assisted or special needs housing; e) the provision of daycare facilities; f) the provision of community facilities; and g) any other public benefit deemed suitable by Council. 37 23.14.3 Council may also consider a Community Benefits by-law outside of Village or Town Centres for the protection of cultural heritage resources and/or natural features beyond the parklands dedication requirements of the Planning Act, in accordance with the Community Benefits section of the implementing Zoning By-law. 23.14.4 The use of Community Benefits zoning shall be carefully controlled, and shall only be undertaken after a thorough site-specific Community Benefits stud 23.14.5 The site-specific Community Benefits study referred to in subsection 23,14.4 shall assess the extent of the permitted height and/or density bonuses that shall be established based on: a) the proposed development's compatibility with existing adjacent development; b) the extent to which the proposed development is consistent with the stated goals and objectives of the Municipality c) conformity to the general intent of the relevant land use designation of this Plan; and d) the adequacy and impact of infrastructure and community services. 23.14.6 When considering Community Benefits, and allowing the provisions of benefits off-site, the positive impacts of the exchange should benefit the surrounding areas experiencing the increased height and/or density. 23.14.7 The Community Benefits Zoning By-law shall set out areas where the height and/or density of development would be permitted to increase, as well as the extent of the height and/or density bonus. 23,14.8 As a condition of the Community Benefits Zoning By-law, the Municipality will require the proponent to enter into one or more agreements registered against the lands to which it applies, and dealing with the provision and timing of facilities, services or matters that are to be provided, and the height and/or density bonus to be given," xxx) Section 23 is hereby amended by adding a new section 23.15 Preconsultation and Complete Applications as follows: "23.15 PRECONSULTATION AND COMPLETE APPLICATIONS 2115.1 The Planninq Act permits Council to require an applicant to pre-consult with the Municipality prior to submitting an application and to require an applicant to provide, at the time of the application submission, any information determined as necessary to properly assess the application. The purpose of the following Pre-Consultation and Complete Application 38 policies is to outline what is required for a particular application and to ensure that applications are comprehensive and can be processed expeditiousIV: a. Prior to the submission of a complete application for an Official Plan Amendment, Zoning By-Law Amendment, Draft Plan of Subdivision, Draft Plan of Condominium, or Site Plan the applicant shall consult with the Municipality in accordance with this Plan and the Municipality's Pre-consultation By-Law. b. Pre-consultation meetings shall be held with the Municipality and any other external agency as deemed appropriate by the Municipality. c. Studies, reports and information outlined as necessary for the proper evaluation of a complete application will be determined by the Municipalitv in consultation with external agencies as deemed necessary by the Municipality. d. In addition to the studies, reports and information specified during the Pre-consultation process, the applicant shall be required to submit any other studies and reports relevant and necessary-to the evaluation of the particular applications as deemed appropriate by the Municipalitv in consultation with the applicant, and any other external agency during the application review process or peer review process. e. All studies, reports and.information specified shall be prepared in accordance with any standards or specifications applicable within the Municipality or the Region, and may, at the Municipality's discretion, require a peer review by a qualified consultant retained by the Municipality at the applicant's expense. General descriptions of studies, reports and information that may be required are outlined in Appendix A which may be modified without amendment to this Plan. 23.15.6 In addition to the prescribed information required by the Planning Act, and the other information outlined in Section 23 of this Plan, the Municipality ma V, through the Pre-consultation Meeting, identify other planning applications that are required to be submitted concurrently, to ensure that Council and its delegated approval authorities can properly evaluate the applications and make consistent and appropriate decisions:" yyy) In the existing sections listed below, the references to sections of the Official Plan shall be amended as follows: In existing Sections 4.4.9 and 4.4,37 the reference to Section 4.4.40 shall be changed to Section 4.4.41; In existing Sections 4.4.9, the reference to Section 4.4.41 shall be changed to Section 4.4.42; and 39 In existing subsection 23.2.4 a), the reference to Section 23.1.5 shall be changed to Section 23.1.4. zzz) Existing Section 24.14 Interpretation is hereby amended as follows (only revised or new definitions are indicated: 24.14 The definitions of terms contained in this Plan are as follows: Archaeological Resource: means the remains of any building, structure, activity, place, cultural feature or object which, because of the passage of time, is on or below the surface of land or water, and is of significance to the understanding of the history of a people or place. The identification and evaluation of such resources are based upon archaeological fieldwork undertaken in accordance with the Ontario Heritage Act. "Areas of Archaeological Potential: means areas with the likelihood to contain archaeological resources. Archaeological potential is confirmed through archaeological fieldwork undertaken in accordance with the Ontario Heritage Act. Auto Auction Facility: means a building, structure or lands used for the storage of used vehicles which are to be sold on the premises by public auction, and for the sale of the said vehicles by public auction on an occasional basis. Auto Wrecker/Auto Dismantler/Recycler: means a building, structure or lands uses for the storage of used vehicles which are to be dismantled on the premises and for the sale of parts of the said vehicles on site. Built Heritage Resources: means one or more significant buildings, structures monuments installations or remains associated with architectural, cultural, social, political, economic or military history and identified as being important to a community. These resources may be identified through designation or heritage conservation easement under the Ontario Heritage Act, or listed by local, provincial or federal jurisdictions. Community Infrastructure: refers to lands, buildings, and structures that support the quality of life for people and communities by providing public services for health, education, recreation, socio-cultural activities, security and safety, and affordable housing. Comprehensive Review: means a) an official plan review which is initiated by Council, or an official plan amendment which is initiated or adopted by.Council, which: i. is based on a review of population and growth projections and which reflect projections and allocations by Durham Region and provincial plans, where applicable; considers 40 alternative directions for growth; and determines how best to accommodate this growth while protecting provincial interests; ii. utilizes opportunities to accommodate projected growth through intensification and redevelopment; Iii. is integrated with planning for infrastructure and public service facilities; and iv, considers cross-jurisdictional issues; or b) a review undertaken by Council or comparable body which: i. addresses long-term population projections, infrastructure requirements and related matters; and ii. considers cross-iurisdictional issues. Conserved: means the identification, protection, use and/or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. Conversion of Employment Lands: means redesignation from employment area to another urban designation, or the introduction of a use that is otherwise not permitted in the employment areas designation. Cultural Heritage Landscape: means a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act and villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value. Cultural Heritage Resource: means man-made or natural features, including structures, objects, neighbourhoods, landscapes and archaeological sites that have been identified as significant by the local municipality or the province for being meaningful components of a community's cultural heritage or identity. Employment Area: means those areas designated for clusters of business and economic activities including, but not limited to, manufacturing, warehousing, offices, and associated retail and ancillary facilities. Heritage Attributes: means the principal features, characteristics, context and appearance that contribute to the cultural heritage significance of a protected heritage property. 41 Protected Heritage Property: means real property designated under Parts IV, V or VI of the Ontario Heritage Act, heritage conservation easement property under Parts 11 or IV of the Ontario Heritage Act, and property that is the subject of a covenant or agreement between the owner of a property and a conservation body or level of government, registered on title and executed with the primary purpose of preserving, conserving and maintaining a cultural heritage feature or resource, or preventing its destruction, demolition or loss. Provincial Plan: means a plan approved by the Lieutenant Governor in Council or the Minister of Municipal Affairs and Housing, but does not include municipal official plans. Detail IGt Study: a detailed study c;anndUG ed by a qualified marrrkc°e (�er�r�l A repo aaaa) Existing subsection 6.5.4 of the Brookhill Secondary Plan is hereby amended as follows: 6.5.4 An Environmental Impact Study shall be undertaken for development proposals in QE nGe with E' i^ial °I°n, including any necessary infrastructure and roads proposed within the Lake Iroquois Beach, or within 120 metres of the boundary of a wetland or wetland complex or 30 metres of the Environmental Protection Area designation. -Any resulting changes to the boundaries'of the Environmental Protection Area designation resulting from the recommendations of an Environmental Impact Study shall not require an amendment to the Official Plan or Secondary Plan. bbbb) Existing subsection 3.7.3 of the Clarington Technology Business Park is hereby amended as follows: 3.7.3 An Environmental Impact Study shall be required for development applications on lots adjacent to the significant woodlands identified on Map C. The ERVirenMeRtal noG Study shall be prepared in onr+nrr ante with SeGtien 4.4.35 of the MURIGipality of Clar'RgtE)R Qffi.Gial Plan-. cccc) Existing subsection 11.3.2 of the Brookhill Neighbourhood Secondary Plan is hereby amended as follows: 11.3.2 Community Theme and Urban Design Implementation Plan Prior to the approval of a development in the Brookhill Neighbourhood a Community Theme and Urban Design Implementation Plan bief shall be prepared to confirm and control the intended pattern of 42 development within the Neighbourhood." In addition to other matters, Tthe Community Theme and Urban Design Implementation Plan shall include: of land i ises• Mutes; "n\ aReadsGape_Plan,r that aFtiG61iutes SPeGifin urban design issues te- mho addressed in imnlemonfiRg Z9RiRg by laws nlan/c\ of s bdivici— d) the iE)GatiGR of speGifiG e Neighbor irheed sUnh as nOrner lots and T interoentigns that require nenifin let and building nlanement erientation and arrhitenti iral features;. • s ms . ae) design concepts for community theming including gateway treatment, landscape treatment including the "green corridor" treatment for Regional Road 57, light fixture standards, fencing details, sidewalk details and related design issues that provide for overall community theme.; f\ a Parks and Qpen Sparse Alaster Plan that identifies the IGGa+inn and nonfiguratiGR of i uses sUnh as wheel sites, parks, open snaoe > > b #ers environmental and oUIti oral heritage features; g) where 0 subdivisibn; , site, prepesed , i�R the eevet that site is Rat required fer cnheel use. dddd) Existing Subsection 1.5.2.5 of the Bowmanville West Town Centre Secondary Plan is hereby amended as follows: 15.2.5 In the consideration of a development application within the West Town Centre, the Municipality may require that the proponent prepare a traffic impact study to the satisfaction of the Region of Durham and the Municipality. The traffin imnant study shall he prepared and stamped by-a. registered nrefe ional engineer and address the fellowing• GE)Rditinns renngRizing the rdeVelgnmenf pGtential of other lands; newa entra n ys v , d) en site vehiGLilar &GUl°ativTr e) pedestrian and binynle nirni elation• and f\ transit anness and amenity req iirements eeee) Map A3 Land Use Bowmanville Urban Area is amended by changing the designation of 2375 Baseline Road from Prestige Employment Area to Community Park as shown on Exhibit "A" to this Amendment. 43 ffff) Map I Community Improvement Areas is hereby amended as follows: a. by deleting the Enniskillen CIA, b. by deleting the Leskard CIA, C. by deleting the Burketon CIA, d. by deleting the Kendal CIA, e. by deleting the Haydon CIA f. by deleting the B2 CIA, g1 by renumbering existing B3 CIA to B2 CIA h. by renumbering existing B4 CIA to B3 CIA L by renumbering existing B5 CIA to B4 CIA j. by renumbering existing B6 CIA to B5 CIA k. by defining a new B6 CIPA, I. by defining a 137 CIPA, M. by adding the C1 CIPA, n. by changing the title of.the Schedule from `Community Improvement Area' to `Community Improvement Project Areas', o. by adding `Completed Community Improvement Plan' to the legend and p. by changing the legend from `Community Improvement Area' to `Community Improvement Project Area' as shown on Exhibit "B" to this Amendment. as °heWR nn Exhibit 10800 to this rnendffK- gggg) By introducing Appendix A— General Description of Studies. Proposed Appendix A — General Description of Studies As outlined in section 23.15 of this plan, the Planning Act permits Council to require an application to pre-consult with the Municipality prior to submitting an application, and to request from the applicant, at the .time of the application submission, any information determined as necessary to properly assess the application. General descriptions for reports that may be required of an applicant are outlined below. The final scope of the reports shall be determined by the Municipality, in consultation with any other government body, public authority and/or external agency, and is dependent on the nature of the proposal. Additional information may be required from these reports through the planning analysis, council deliberation, and/or public participation processes. The reports need to be signed and stamped by the respective registered professional. The following list describes the most common reports that are required for an application to be.deemed complete. This is not considered an exhaustive list. Other specialized reports may be required based on the nature of the application a2 port General Description PLANNING AND GROWTH MANAGEMENT Planning The purpose of a Planning Rationale Report is to provide an overall 44 Report General Description Rationale Report planning framework, and a clear understanding of the different components of the proposal. The Planning Rationale Report also brings together the analysis and conclusions of the other reports supporting the application. The minimum objectives of the study are to: • provide a description and clear understanding of the proposed amendment; • provide all statistics (i.e. height, density), site and contextual considerations; • explain the conformity of the proposed amendment with the Municipality's Official Plan, the Municipality's Zoning By-law, and any other of the Municipality's planning documents, including process steps and approvals required (i.e. zoning, site plan control, land division): • explain the consistency with provincial policy statements, conformity with applicable provincial plans, and conformity with the Region of Durham Official Plan; • explain the contribution of the proposed amendment to the overall urban structure of the Municipality and, if applicable, the planning vision developed for the particular context (e.g. conformity with Urban-Design Guidelines); • explain the compatibility of the proposed amendment with adiacent land uses; • demonstrate the availability of adequate infrastructure to service the development resulting from the proposed amendment; • provide the site's planning q istory, including previous approvals; • provide an analysis of all the studies submitted as part of the application; • demonstrate how the development contributes to the sustainability principles of the Official Plan; and • provide an analysis and opinion as to why the proposal is good planning, an evaluation of potential impacts including economic development benefits. Retail Market A Retail Market Study will analyze current and future market Impact Study potential fora specific type of retail. The study will also analyze the impact of the proposed retail development on the existing and planned structure of the Municipality, in particular the impact on historic downtowns and on town/regional and neighborhood centers. The basis for the study will be the Commercial Policy Review Study as updated from time to time. 45 . Report General Description Financial Impact The purpose of a Financial Impact Analysis is to determine the Analysis proposed development's financial impact on the Municipality's operating and long term capital budgets. The study will consider the costs of the development in all Municipal services and infrastructure at both the Municipal, and if required, Regional levels. The report may include demographic projections, impacts on both hard and soft infrastructure like roads and libraries or fire protection respectively. In addition to the capital cost, the analysis should also include the additional operating/maintenance costs to be incurred by the Municipality. The analysis should also include the impact on the Development Charges schedule and financing. SUSTAINABILITY Environmental The purpose of an Environmental Impact Study (EIS) is to Impact Study determine the potential for development to adversely impact environmentally significant and sensitive areas, and natural heritage features. The Study shall: a) examine the functions of the natural heritage features; b) identify the location and extent of natural heritage features; c) identify the potential impacts of the proposed development on the natural heritage features and-their ecological functions; d) identify any lands to be preserved in their natural state; e) identify mitigating measures to address the adverse affects of development on the natural heritage features and their ecological functions, including setbacks for development; f) identify the potential for restoration and/or creation of wildlife habitat; and g) examine the cumulative impact of the existing, proposed and potential development, including the impact on groundwater function and quality. An EIS for lands within the Protected Countryside designation of the Greenbelt Plan shall also be undertaken in accordance with the policies of that provincial plan. Energy The Clarington Official Plan recognizes three key principles which Management provide direction for the policies in the Plan; sustainable Plan development healthy communities and the management of growth. The Municipality is encouraging the development industry to promote high quality design practices centered on resource (e.g. water, energy) conservation, efficiency and environmental sustainability. The Energy Conservation and Sustainability Plan must demonstrate how the development will achieve these three key principles. The Plan needs to consider the following: 46 F 20rt General Description a) energy efficiency b) air quality; c) water quality and quantity d) solid waste; e) natural environment; and homeowner education. Hydrogeoloqical The purpose of a H drogeological Report is to evaluate the impacts Report and of a proposed development on ground water and surface water Servicing quality or quantity and the associated connections and impacts to Options Report natural heritage and water resource features and functions The Hydrogeoloqical Report may make recommendations regarding the design of the proposal. The Hydrogeoloqical Study should describe the regional and local yd.rogeological conditions, characterize the groundwater and surface water flow systems, and identify the availability, quantity and quality of groundwater sources at the site. The Hydrogeoloqical Study shall demonstrate that the proposed development will have no adverse effect on groundwater quantity or quality, or on natural heritage functions and hydrological features that rely on groundwater. The results of the study may impact the design of the development. This may or may not include the preparation of a water budget. Geotechnical The purpose of a Geotechnical Report is to explore subsurface soil Report and groundwater conditions on a site. The Geotechnical Report should summarize subsurface exploration data, including subsurface soil profiles, exploration logs, laboratory results, ground water information and engineering recommendations for design. The report will develop geotechnical recommendations regarding such actions as earthwork construction and backfilling, dewatering, installation of services (water, sanitary and storm), service bedding and backfill, and roadway construction. It may include bearing capacity as required bV the development proposal. Slope Stability The purpose of a Slope Stability Report is to protect the long-term stability of valley slopes from development impacts. Any proposal for development or site alteration on or in proximity to a slope must demonstrate that the long term integrity of the slope is not compromised by the proposed development and that if required an appropriate access buffer has been provided in accordance with the standards and criteria established by the Province and the Conservation Authority. Specific situations may include the need to undertake a stream meander belt analysis for applications adjacent to watercourses and valleylands. . 47 Report General Description Flood Plain The purpose of a Flood Plain Management Report is to evaluate the Management hydraulic impacts to the flood plain, both on and off-site, flood Report proofing requirements and access requirements associated with development or site alteration within the Regional Storm Flood Plain, as defined by the Conservation Authority. Any proposal for development or site alteration within the Regional Storm Flood Plain must demonstrate that there will be no off-site impacts to the flood plain and must demonstrate that an appropriate level of flood proofing and safe access may be established for the proposal. OAK RIDGES MORAINE SPECIFIC STUDIES Natural Heritage A Natural Heritage Evaluation shall demonstrate how the specific Evaluation planning, siting, design or construction practices for the proposed development would maintain or enhance the ecological integrity the Moraine, including the natural heritage, water resources and landform conservation systems. Specifically the study shall: a) provide an inventory of vegetation and wildlife habitat on and within the vicinity of the proposed development site; b) provide a comprehensive survey of wildlife use of the proposed development and adjacent lands; c) identify the anticipated impacts from the proposed development and its associated activities, including noise, dust and vegetation removal, on the natural heritage features; d) identify lands where forest cover should be preserved or enhanced; e) demonstrate that the development or site alteration applied for will have no adverse effects on the natural heritage features or on their ecological functions; f) identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the natural heritage feature and its connectivity with other natural heritage features; g) demonstrate how connectivity within and between natural heritage features will be maintained and, where possible, improved or restored before, during and after construction; h) determine whether the dimensions of a minimum vegetation protection zone as specified in Table 4-1 of this Plan are sufficient, and if it is not sufficient, specify the dimensions of the required minimum vegetation protection zone and provide for the 48 Report General Description maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; i) specify the need for and dimensions of a minimum vegetation protection zone where Table 4-1 of this Plan does not identify the dimensions of a minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; j) in the case of a natural heritage feature that is fish habitat, ensure compliance with the requirements of the Department of Fisheries and Oceans Canada); and k) in the case of a Life Science ANSI identified in Table 4-1 the basis on which the determination and specification mentioned in subsection i) above is done, shall include without limitation, an analysis of land use, soil type, slope class and vegetation type, using criteria established by the Government of Ontario, as amended from time to time. Earth Science An Earth Science Heritage Evaluation shall: Heritage Evaluation a) identify planning, design and construction practices that will ensure protection of the geological or geomorphological attributes for which the area of natural and scientific interest was identified; and b) determine whether a minimum vegetation protection zone is required, and if so, specifies the dimensions of that zone and provides for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it. Hydrological A Hydrological Evaluation shall: Evaluation a) demonstrate that the development or site alteration will have no adverse effects on the h\/droloq call\/ sensitive feature or on the related hydrological functions; b) identify planning, design and construction practices that will maintain, and where possible improve or restore, the health, diversity and size of the hydrologically sensitive feature; c) determine whether the minimum vegetation protection zone whose dimensions are specified in Table 4-1 is sufficient, and if it is not sufficient, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; and d) in the case of permanent and intermittent streams, and seepage areas and springs as identified in Table 4-1, the basis on which the determination and specification mentioned in subsection c) 49 Report General Description above is done shall include, without limitation, an analysis of land use, soil type and slope class, using criteria established by the Government of Ontario as amended from time to time. Landform A Landform Conservation Plan shall include: Conservation Plan a) one or more maps showing_ • elevation contours in sufficient detail to show the basic topographic character of the site, with an interval of not more than two metres • analysis of the site by slope type (for example, moderate or steep) • significant landform features such as ravines and ridges • all water bodies including intermittent streams and ponds b) a development strategy that identifies appropriate planning, design and construction practices to minimize disruption to landform character, including: • retention of significant landform features in an open, undisturbed form; • road alignment and building placement to minimize grading requirements; • concentration of development on portions of the site that are not significant; • use of innovative building design to minimize grading requirements; and • use of selective rg ading techniques. TRANSPORTATION Transportation Transportation Demand Management Plans and Implementation Demand Strategies for new development shall identify transportation Management demand, impact, improvements and programs for specific Study development applications and will identify actions and directions to achieve the Durham Region's 15% auto reduction target. Components of Transportation Demand Management Plans and Implementation Strategies may include: a) carpool/vanpool match program; b) paid parking; c) secure bicycle storage facilities; d) on-site shower facilities for employees who bike to work; and e) other measures deemed appropriate by the Municipality. 50 Report General Description Traffic Impact The Traffic Impact Study (TIS) shall provide an assessment of the Study impact of a proposed development on the transportation system and determine infrastructure improvements, service upgrades and mitigation measures required to reduce any adverse impacts of a proposed development. In this assessment the TIS shall address not just automobile flows, but also have the pedestrian as the first priority and his/her use of other modes of mobility. The study should include an analysis of other modes of transportation such as cycling, walking, and transit and how these modes of transportation will be promoted, accommodated or impacted by the development. This study may also include a parking analysis that may reduce the number of spaces required by the zoning by-law. This reduction could be contemplated when the site is adjacent to transit routes and/or it can be supported by a shared parking analysis of demand times by use. AGRICULTURE Statement of Any proposal for development or site alteration of a non-agricultural Conformity with use within 500 metres of a livestock facility, or the establishment of Minimum a new livestock facility, is required to use Minimum Distance Distance Separation (MDS) formulae to determine a recommended distance Separation between a livestock facility and another land use. MDS will vary Information according to a number of variables including, but not limited to, type of livestock, size of farm operation and type of proposed development. MDS does not account for noise and dust. SERVICING .Grading, The purpose of a Grading, Drainage and Stormwater Management Drainage and Report is to evaluate the effects of a proposed development on the Stormwater stormwater and drainage pattern, and to recommend how to Management manage rainwater/snowmelt for the proposed development. Repo The report shall: a) identify the quality and quantity impacts of the change in stormwater runoff on existing infrastructure and watercourses due to a proposed development; b) determine improvements to municipal servicing infrastructure required to support the proposed level of development, where applicable ; c) determine mitigation measures to minimize any negative impacts on the drainage system; and d) identify opportunities for enhancement of stormwater management facilities and features in redevelopment sites. The report shall be prepared in accordance with the standards, 51 Report General Description requirements and criteria established by the Province, Municipality and Conservation Authority. Functional The purpose of the Functional Servicing Report is to evaluate the Servicing Report impacts of a proposed development on Regional and Municipal servicing infrastructure and utilities. A functional servicing report is used as a guide to establish the servicing requirements associated with a development. More specifically, the requirements include: ® water suppiy for domestic and fire fighting purposes; ® sanitary servicing; ® stormwater management; • safe vehicular access to the site: and ® utility servicing. AGGREGATES Ag__cregate An Aggregate Extraction Area Study shall address the study Extraction Area requirements identified in Section 15.3.9. Study An Aggregate Rehabilitation Plan is required as part of the license process under the jurisdiction of the Ministry of Natural Resources pursuant to the Aggregate.Resources Act. CULTURAL HERITAGE Archaeological The purpose of an Archaeological Assessment is to ascertain the Assessment presence or absence of archaeological resources. Any proposal for development or site alteration in proximity to areas with archaeological sites or having archaeological potential (as assessed according to Ministry of Culture criteria) would, if found, identify archaeological resources, evaluate the significance of these resources, and provide strategies to mitigate the impact of development on these resources, such as on-site preservation or systematic removal. The assessment would also include recommendations for conservation measures. Cultural Heritage The Cultural Heritage Resource Impact Assessment is intended to Resource Impact provide relevant information on the nature and significance of a Assessment heritage property and develops the policy framework in which the heritage property can be conserved. Any proposal for the development of a heritage property designated under the Ontario Heritage Act or of a property abutting a designated heritage property would need to identify and evaluate the impact of development or site alteration on the built heritage resource and recommend appropriate impact mitigation measures and conservation strategies, based on conservation and urban design principles, and provide a statement of cultural significance. 52 Report General Description URBAN DESIGN Park Concept Any draft plan of subdivision where parkland is being dedicated to Plan the Municipality shall include a Park Concept showing the program indicated by the Municipality can be accommodated within the area of the parkland being proposed within the draft plan. Urban Design The purpose of an Urban Design Report is to evaluate the proposal Report to ensure that the development blends with the neighbourhood or advances the emerging character of a new or redeveloping neighbourhood. The Urban Design Report may be required for any development or site alteration and would be a combination of text, plans, illustrative sketch diagrams and photos. The report would describe the vision or design intent, physical form, layout and design of the proposed development. The Urban Design Report will also illustrate the building massing and articulation to establish the relationship between the building and the street, pedestrian and transit linkages, landscape and outdoor amenity areas, and lighting_ The Report will also demonstrate how the impacts on adjacent sites are mitigated,including protecting significant-views and vistas, limiting shadow 'Impacts on existing sunlight sensitive uses and maintaining the privacy of those properties. It may also involve an appropriate conceptualization of the future development of lands in the vicinity of the subject site, as well as show existing conditions and/or other concurrent proposals in the broader surrounding area. Lighting/Photome The purpose of a Lighting/Photometric Plan is to provide an anal tric Plan of the anticipated lighting levels on a proposed development site and potential effects on nearby properties, features and the night sky. Such a Plan is to be premised upon providing sufficient lighting for site access and safety purposes which also minimizes energy consumption, light pollution and visual impacts. Any development or site alteration where proposed lighting may affect adjacent or nearby land uses or environmental conditions, perhaps due to variations in topography or.visibility, would be required to submit a Lighting/Photometric Plan. This Plan is to demonstrate how the development has been designed to conserve energy, prevent adverse and off-site impacts for nearby properties, sensitive land uses and infrastructure such as residential areas green spaces, railways and roadways and avoid negative effects on the night skV. "Exhibit."A",Amendment No.77 To The Municipallity of Glarington Official plan", Map A3, Land Use, Bowmanville Urban Area. 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