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Report To: Planning and Development Committee
Date of Meeting: June 5, 2023 Report Number: PDS-035-23
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By:
File Number:
Mary -Anne Dempster, CAO Resolution#: PD-056-23
COPA2020-0005 and ZBA-2020-0019 By-law Number:
Report Subject: Official Plan Amendment, and Zoning By-law Amendment to permit a 10
Storey building containing 140 residential units and 44 Townhouse units in
Courtice
Recommendations:
1. That Report PDS-035-23 and any related delegations or communication items, be
received.
2. That the Official Plan Amendment and the Zoning By-law Amendment applications
submitted by SvN Architects + Planners be approved and the Official Plan
Amendment and Zoning By-law Amendment in Attachments 1 and 2 to Report PDS-
035-23 be passed;
3. That any Council and/or Public concerns regarding the site plan be addressed
through the conditions of site plan approval;
4. That once all requirements and conditions contained in the Official Plan with respect
to the removal of the (H) Holding Symbol and conditions of the site plan approval are
satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved
by the Director of Planning and Infrastructure Services;
5. That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PDS-
035-23 and Council's decision; and
6. That all interested parties listed in Report PDS-035-23 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-035-23
Report Overview
Page 2
This report recommends approval of the proposed applications to amend the Courtice Main
Street Secondary Plan and Zoning By-law to allow a ten -storey mixed use building and 44
townhouse units situated in five separate blocks at 1465 Highway 2 in Courtice. The ten -
storey building is proposed to contain 140 residential units plus 200 square metres of ground
related commercial floor space. The total number of units proposed on the subject lands is
184. The site is approximately 1.1 hectares, producing a housing density of approximately
170 units per hectare.
The site plan details, and tenure will be addressed through future Site Plan and Plan of
Condominium applications.
1. Application Details
1.1 Owner: 1465 King Street Inc.
1.2 Applicant: SvN Architects + Planners
1.3 Proposal: Clarington Official Plan and Courtice Main Street Secondary Plan
Amendment
To permit townhouses as a component of a mixed -use development site
within the "Regional Corridor" and "Commercial" land use designations.
To increase the maximum permitted building height from eight storeys to
ten storeys for the mixed -use building.
To reduce the private laneway width from 7 metres to 6.5 metres.
Zoning By-law Amendment
To rezone the property from "General Commercial Exception (C1-39)
Zone" to "Holding - Residential Mixed -Use Exception (H)(MU2-3 (S:3/10))
Zone".
1.4 Area: 1.1 hectares
1.5 Location: 1465 Regional Highway 2, Courtice
1.6 Within Built Boundary: Yes
2. Background
2.1 On October 9, 2020, 1465 King Street Inc. submitted applications to amend the Courtice
Main Street Secondary Plan and Zoning By-law 84-63 to facilitate the proposed
Municipality of Clarington
Report PDS-035-23
Page 3
development. The proposal consists of a ten -storey mixed -use building (Building 1) and
5 blocks for townhouse units (Buildings 2-6), for a total of 184 residential units and 200
sq. m. of commercial floor area. The proposal also includes indoor and outdoor common
amenity spaces as well as enclosed at -grade and below -grade parking.
Figure 1: Proposed Site Plan
2.2 A Public Meeting was held on January 11, 2021, followed by a Virtual Public Open
House on February 4, 2021. Comments were sent to the applicant on April 30, 2021. A
revised submission was received a year later (April 25, 2022), which incorporated some
of the comments received. A site plan application was also submitted in conjunction with
the revised submission. The site plan application was deemed complete on August 17,
2022, and comments were sent to the applicant at that time. The applicant has since
submitted a third submission on January 31, 2023.
Municipality of Clarington
Report PDS-035-23
Page 4
2.3 The applicant has submitted the following supporting documents, which have been
circulated to departments and agencies for review. They are available upon request and
are summarized in Section 8 of this report.
• Planning, Urban Design, and Sustainability Report
• Noise Report
• Transportation Impact Study
• Hydrogeological Study
• Functional Servicing and Stormwater Management Report
• Environmental Impact Study — Addendum
• Stage 1-2 Archaeological Property Assessment
• Phase One and Two Environmental Site Assessment
3. Land Characteristics and Surrounding Context
3.1 The subject lands are located on the south side of Regional Highway 2, just east of
Darlington Boulevard in Courtice. There is approximately 104 metres of frontage along
Regional Highway 2. The site is 1.1 hectares (2.7 acres) and vacant. Proposed vehicle
access to the site is off Regional Highway 2. The site is adjacent to an approved Site
Plan (SPA2018-0032) known as the Uplands or High Street Courtice.
3.2 The surrounding land uses are as follows:
North: White Cliffe Terrace Retirement Residence and single detached dwellings
fronting onto Cherry Blossom Crescent.
South and East: The Uplands, Courtice development site, comprised of two
apartment buildings with 339 units, 93 link townhouse dwellings and 26 back-to-
back townhouse units, totaling 458 units.
West: Oshawa Monument Company, Esso and Circle K with Tim Hortons Express.
Municipality of Clarington
Report PDS-035-23
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Figure 2 — Location and Surrounding Lands
Page 5
Municipality of Clarington
Report PDS-035-23
Page 6
Figure 3 — Southeast view of subject lands, looking towards the Farewell Creek Valley Trail
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement (PPS) policies direct growth to settlement areas and
promote compact development forms. The subject lands are proposed within the
Courtice Settlement boundary. Planning authorities are to facilitate a variety of housing
forms and promote residential intensification to achieve efficient development patterns,
especially along public transit and active transportation routes, such as Regional
Highway 2.
4.2 The PPS requires Planning authorities to identify appropriate locations and promote
opportunities for intensification and redevelopment. It also requires Planning authorities
to identify the availability of suitable existing or planned infrastructure and public service
facilities required to accommodate these projected needs.
Municipality of Clarington Page 7
Report PDS-035-23
4.3 Settlement Areas shall encourage opportunities for infill where it can be accommodated.
New development is to use existing infrastructure and public services appropriately,
having regard for the site's surroundings.
4.4 The proposed development is a form of infill and intensification development that would
utilize existing and planned infrastructure and would be appropriate for this context.
4.5 The proposal is consistent with the Provincial Policy Statement.
Growth Plan
4.5 The Growth Plan contains policies for municipalities within the Greater Golden
Horseshoe to manage growth and to direct and encourage development to settlement
areas. It provides policies to encourage complete communities, which includes a diverse
mix of land uses, a mix of employment and housing types, high -quality public open
spaces, and convenient access to local stores and services. New transit -supportive and
pedestrian -friendly developments will be concentrated along existing and future transit
routes. The objective is to protect the natural environment and agricultural lands by
making efficient use of existing public infrastructure and encouraging compact
development within the already built-up areas of the municipality.
4.6 The site is within the defined Built Boundary in Courtice. Some growth is to be
accommodated by directing development to the already built-up areas of Courtice
through intensification. A minimum of 40 percent of all residential development
occurring annually within each upper -tier municipality will be within built-up areas. After
the Durham Region Official Plan comprehensive review is completed, the minimum
target will increase to 50 percent.
4.7 The proposal for 184 units will contribute to Clarington's annual intensification targets
and conforms to the Growth Plan.
5. Official Plans
Durham Region Official Plan
5.1 The Durham Region Official Plan designates the subject lands as a Regional Corridor.
Regional Highway 2 is a Type B Arterial Road and functions as a transit spine.
Regional Corridors are targeted for higher densities and mixed uses, supporting higher -
order transit services and pedestrian -oriented development. Regional Corridors support
an overall, long-term density target of at least 60 residential units per gross hectare and
a floor space index (FSI) of 2.5. The proposal achieves a density of approximately 170
units per hectare and an FSI of 1.8. It is important to note that the FSI target is a long-
range target to be achieved for the overall Regional Corridor, not just on a site -by -site
basis. The proposal would support and assist in achieving this target.
Municipality of Clarington
Report PDS-035-23
Page 8
5.2 Transit Spines facilitate inter -regional and inter -municipal transit services along arterial
roads (GO Transit) and intersect with local transit services (Durham Regional Transit).
Development along Transit Spines shall provide for complimentary higher densities and
mixed uses in accordance with the Regional Corridor policies.
5.3 The proposal will intensify and redevelop an underutilized lot within the Regional
Corridor and conforms to the Region Official Plan.
Clarington Official Plan
5.4 The lands are within a Regional Corridor, within which a mixed -use building and
apartments are permitted with a height between 3 and 12 storeys. The minimum net
density is 85 units per hectare. The proposal is approximately 170 units per hectare,
and the height ranges from 3 to 10 storeys. An Official Plan Amendment application was
submitted to permit the additional use of townhouses.
5.5 Proposals for multi -unit residential must consider the appropriateness of the site,
compatibility, provision of suitable access points, traffic and parking impacts and
massing. The urban design and sustainability policies of the Official Plan must be
implemented through the development.
5.6 Multiple vehicular accesses shall generally be provided to townhouse and apartment
blocks. Each condominium corporation shall have direct street frontage and direct
vehicular access.
5.7 Where lands are within 120 metres of a natural heritage or hydrologic feature, an
Environmental Impact Study (EIS) is required. An EIS was submitted in support of the
application. The findings and recommendations are summarized in Section 8 of this
report.
5.8 The proposal to add townhouses as a permitted use within the Regional Corridor meets
the intent of the policies in the Clarington Official Plan as the proposed townhouses
balance the need for intensification units within the Regional Corridor, while respecting
the surrounding lower density -built forms. The overall density target would still be
achieved, and the height of the buildings are a minimum of 3 storeys.
Municipality of Clarington
Report PDS-035-23
Courtice Main Steet Secondary Plan
Page 9
5.9 Within the Courtice Main Street Secondary Plan, the lands are designated Commercial.
The Commercial designation allows retail, service and office uses, high -density
residential uses such as mid- and high-rise apartments, either in a single -use building or
part of a mixed -use building and limited community facilities, including social,
recreational, educational, and cultural facilities.
5.10 The Secondary Plan also identifies a trail system and a network of private lanes to be
considered during the review of the applications. The proposal shows an
interconnected vehicle and pedestrian access with The Uplands development adjacent
to the site.
5.11 The Secondary Plan provides detailed urban design policies to ensure street -oriented
buildings and an attractive streetscape along the Courtice Main Street in order to
achieve a walkable community with a well-defined public -realm. This includes a highly
interconnected pattern of lotting for development blocks, consistent built form, safety,
accessibility, shade and comfort in the pedestrian environment and support for active
modes of transportation. Views and connections to natural heritage features shall be
enhanced through the development of this site.
5.12 The proposed amendment to the Courtice Main Street Secondary Plan would allow for
limited townhouse development in the Commercial designation, increase the maximum
height from eight to ten storeys, and a reduction in the private laneway width from 7
metres to 6.5 metres.
6. Zoning By-law
6.1 The site is zoned General Commercial Exception (C1-39), which permits the full range
of commercial uses found in the General Commercial zone within mixed -use or single -
use buildings, subject to various specific regulations. The C1-39 Zone does not permit
the proposed development therefore, a rezoning application has been submitted. It is
important to note that the C1-39 Zone predates the approved policies of the Courtice
Main Street Secondary Plan and contemplated a prior development proposal that would
not conform to the Clarington Official Plan. The C1-39 Zone does not align with the
approved vision for the Courtice Main Street area.
6.2 The Zoning By-law amendment application proposes to rezone the property to a
Residential Mixed Use Exception Zone to permit the proposed development. The Mixed -
Use Exception Zone is also found in other areas within the Courtice Main Street
Secondary Plan and would bring the subject lands in conformity with the policies and
vision for the area.
Municipality of Clarington
Report PDS-035-23
Holding Provisions
Page 10
6.3 The proposed Zoning By-law amendment includes a Holding Zone. The Holding Zone
will remain on the lands until the conditions of the Site Plan are fulfilled. The conditions
of the site plan will require the applicant to, among other matters:
• Address the recommendations of the background studies, including submissions
of additional information, plans and reports;
• Obtain a clearance letter from Durham Region with respect to the Environmental
Site Assessment and Archaeological Study;
• Demonstrate conformity with the Courtice Main Street Secondary Plan Design
Guidelines;
• Provide a fire plan to the satisfaction of Clarington Emergency and Fire Services
Department and Building Division; and
• Provide for a shared vehicle access arrangement with the Uplands development
to the east and the Oshawa Monument site to the west, including cost sharing for
a signalized entrance.
7. Public Notice and Submissions
7.1 A Public Meeting was held on January 11, 2021, followed by a Virtual Public Open
House on February 4, 2021. Details of the application were also posted on the
Municipality of Clarington's development application webpage, various Clarington social
media channels, and in the Planning and Infrastructure Services monthly e-mail update.
7.2 Notification of the Public Meeting and Virtual Public Open House was mailed to property
owners within 120 metres of the subject lands. Notification signage was also posted on
the property.
7.3 Approximately 18 written submissions were received, one person came out to speak at
the Public Meeting, and approximately 30 people attended the Virtual Public Open
House meeting. The following inquiries and questions were received from residents, as
follows:
• Opposition to the density proposed on the subject site, as well as the adjacent
Uplands site to the east;
• Concern about the quality of life with the amount of proposed density;
• Proposed development could be premature;
Municipality of Clarington
Report PDS-035-23
Page 11
• Suggest focusing high -density development to the east on Regional Highway 2
towards the Courtice Urban Centre at Trulls Road and Courtice Road instead;
• Concern with the destruction of green space and wildlife habitat;
• Inquiry on how the pedestrian paths will connect to the Farwell Creek trail;
• Concern with an increase in traffic congestion on area roads, including Highway 401
interchange, and the impact on residents and businesses;
• Concern with the limited amount of proposed on -site parking;
• Concern with drainage and stormwater management;
• Request for more commercial uses instead of residential uses on the subject lands.
7.4 These comments and concerns will be further discussed in Section 9 of this report.
8. Summary of Background Studies
Planning, Urban Design and Sustainability Report, SvN Architects + Planners,
September 2020
8.1 The proposal aims to contribute to meeting the density and streetscaping objectives of
the Secondary Plan and Design Guidelines by siting buildings near the street line to
contribute to a sense of enclosure and a strong street edge. The ground floor avoids
expanses of blank facades by providing transparent glazing. The proposal
demonstrates that it will enhance the pedestrian environment using canopies, balconies,
benches and landscaping. The main entrance to the apartment building and commercial
units face Regional Highway 2.
8.2 The report concludes that in this location, the proposed scale and intensity of the
development considers its context and responds to urban design objectives of the
Clarington Official Plan, Secondary Plan and the Courtice Main Street Urban Design
Guidelines.
8.3 The proposed design incorporates low -impact development strategies such as green
roofs, permeable pavement, enhanced landscaping, bicycle parking, EV charging
station retrofit, and enhanced topsoil, in order to meet the Municipality's sustainability
objectives, limit the impact on the natural environment, and contribute to a resilient
community in Clarington. The report mentions that a checklist will be provided as part of
the Site Plan application to demonstrate how the development will achieve several
enhanced targets through the Green Development Framework of the Clarington Priority
Green initiative.
Municipality of Clarington
Report PDS-035-23
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Figure 4: View of proposed development from Regional Highway 2 looking southwest.
Noise Report, Valcoustics Canada Ltd., Sept. 11, 2020, Addendum Nov. 29, 2022
8.4 This study examines noise generated by traffic on Regional Highway 2, by operations at
the Esso gas bar, and by operations at the adjacent Oshawa Monument Company.
Mitigation measures are outlined in the study and in the subsequent addendum letter
and will need to be addressed through the Site Plan application process.
8.5 The addendum letter was prepared to address changes to the compressor located at
the Oshawa Monument Company to the west. It was determined that the daytime sound
levels were exceeded for Condo Block F (townhouses). Mitigation measures on the
monument site were recommended to reduce the sound levels, such as the installation
of a fence. An agreement from the adjacent property Owner would be required in order
to implement the recommendation in the Addendum letter. This would be required
through the Site Plan process.
Transportation Impact Study, Nextrans Consulting Engineers, Apr. 2022, Response
Letter Nov. 30, 2022
8.6 The development is proposed to include 274 vehicle parking spaces and 220 bicycle
parking spaces. Site entrances from Regional Highway 2 include a right in/right out
access at the west side of the site and a full movement signalized intersection at the
east edge of the site, shared with the Uplands development (Maple Park Ave). The
Municipality of Clarington
Report PDS-035-23
Page 13
analysis completed for this study indicates that the internal private street network and
the surrounding public streets can accommodate traffic generated by the proposed
development with minimal impact on traffic volumes and travel time. The report states
that the proposed supply of onsite parking will be sufficient in the context of available
options for public and active transportation at the site.
8.7 A reciprocal easement will be required for both properties on either side of the subject
lands to facilitate traffic movements throughout the site and to utilize the traffic signals.
The Oshawa Monument site to the west will be restricted to a right-in/right-out as a
result of this development and will need access to the signals at Maple Park Ave.
Similarly, the subject development would need access to the Oshawa Monument Site to
protect for future vehicle traffic movements through to Darlington Blvd as per the private
lane shown in the Courtice Main Street Secondary Plan.
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Figure 5: Conceptual interconnected private laneway connection as per Courtice Main Street
Secondary Plan
8.8 The Region of Durham requires a 45-metre right-of-way along Regional Highway 2 to
protect for a future rapid transit corridor, however given the timing of when this
development originally came forward, the Region has accepted a reduction to 42 metres
specifically for this site. The proposal was revised to demonstrate it can accommodate
the additional 1 metre above what was originally shown on the site plan proposal for the
Municipality of Clarington
Report PDS-035-23
Page 14
road widening but will result in a reduced 0 metre setback to the underground parking.
This has been reflected in the proposed zoning by-law amendment for the subject lands.
Hydrogeological Study, G2S Consulting Inc., Aug. 2021
8.9 A Hydrogeological Study was prepared to assess the short-term and long-term
dewatering requirements for the proposal and recommends a number of construction
measures to be implemented by the construction contractor. A construction dewatering
plan should be prepared by the contractor prior to the commencement of construction
and the construction dewatering activities. Confirmation is also required on the potential
impacts to the tributary prior to any approvals of the site plan application.
8.10 Groundwater quality generally meets the sanitary sewer discharge requirements except
for a marginal exceedance in total suspended solids. In accordance with the Region's
sewer use bylaws, groundwater may not be discharged to the sanitary sewers, therefore
due to exceedances in total suspended solids, manganese and phosphorous,
groundwater will need to be treated prior to being discharged to the local storm sewer.
Servicing and Stormwater Management Report, Siteplantech Inc., Dec. 16, 2022
8.11 This report investigated water supply, sanitary sewer and storm drainage for the site
and concludes that the existing water supply and sanitary sewer services on Regional
Highway 2 have sufficient capacity to accommodate the proposed development.
Stormwater collected on this site is proposed to be stored on -site, with a portion of the
water to be reused as greywater and irrigation for landscaping.
8.12 The approval of this development is contingent upon the final completion of the external
stormwater management features, including the outlets to the Farwell Creek, to be
constructed on the adjacent Uplands site. The report will also need to be updated to
reflect any changes to the proposal as a condition of site plan approval.
Environmental Impact Study, GHD, Addendum Letter, June 3, 2021
8.13 This addendum was completed in light of the Environmental Impact Study completed for
the adjacent Uplands site. The original study included fieldwork on this site. Additional
fieldwork needed to produce the addendum was completed in June 2020. The study
recommends that work to clear the site for grading should occur outside of the April 15
to August 15 breeding bird window but recognizes that the site has already been
disturbed.
8.14 Confirmation is also required on the potential impacts to the unnamed tributary to the
east of the site prior to any approvals of the site plan application.
Stage 1 and 2 Archaeological Property Assessment, Amick Consultants Limited, Sept.
9, 2020
Municipality of Clarington
Report PDS-035-23
Page 15
8.15 A Stage One and Two Archaeological Assessment was completed for the subject lands.
The assessment was carried out on May 19, 2020. Stage One research indicated that
the property may have archaeological potential because of its proximity to water and
historical settlement information.
8.16 This assessment did not result in the discovery of any material of cultural significance. If
any archaeological resources should be discovered during the course of development,
all excavation must stop immediately, and the Ministry of Tourism, Culture and Sport
shall be contacted immediately. A clearance letter will be required from the Ministry of
Heritage, Sport, Tourism and Culture Industries prior to the approval of the Site Plan
application.
Phase One and Two Environmental Site Assessment - 1459, 1461, 1463 & 1465 Highway
2, Aug. 21, 2020, and July 2022
8.17 A Phase One Environmental Site Assessment (ESA) identified the presence of unknown
fill materials throughout the site and two areas of potential environmental concern within
the site. First, there was a small welding shop on the site historically and second, the
current and historic uses on the adjacent properties, including the monuments
manufacturer and the gas bar. The report recommended that a Phase Two
Environmental Site Assessment be undertaken to investigate potential contaminants in
the soil and groundwater.
8.18 Phase Two ESA was completed in July 2022. Based on the finding in the report, the
chemical quality of the soil and groundwater in the tested samples meets the applicable
site condition standards in non -potable groundwater conditions for residential uses. No
further investigation was recommended in the report however, a Record of Site
Condition (RSC) will be required as a condition of approval for the Site Plan. This also
means further investigation will be required to satisfy the requirements of O. Reg.
153/04, according to the ESA report.
8.19 In accordance with O. Reg. 903/90, as amended, the monitoring wells should be
decommissioned if the wells are not in use or being maintained for future use.
8.20 The proponent will also have to satisfy the Region's Site Contamination Protocol to
address any other site contamination matters.
9. Department and Agency Comments
9.1 The list of agencies and internal departments comments received on the applications
can be found in Attachment 3.
10. Discussion
10.1 The site is situated in the Courtice Main Street Secondary Plan Area. This development
is intended to be complementary to the site to the east, known as The Uplands
Municipality of Clarington
Report PDS-035-23
Page 16
development, completing the west side of the private street between the two sites and
completing the street frontage along this section of Highway 2. A cost -sharing
agreement between the two sites is necessary for the construction and maintenance of
the private lanes. Cross -access easements will also be required and applied for
through the Region of Durham severance application process.
10.2 The subject lands are within a Regional Corridor and designated Commercial in the
Courtice Main Street Secondary Plan, which permits retail and service uses, as well as
mid- and high-rise apartments. The proposed amendment to the Courtice Main Street
Secondary Plan is required to allow for limited townhouse development in the
Commercial designation, increase the maximum height from eight to ten storeys, and
reduce the private laneway width from 7 metres to 6.5 metres.
10.3 The site will add 200 square metres of commercial space in a place easily accessible by
residents of these developments and others nearby. The proposal has been revised to
incorporate an outdoor patio on the west commercial unit to activate the street and
enhance the public realm along Highway 2.
Figure 6 — Site Plan of subject lands and adjacent Uplands site
Municipality of Clarington Page 17
Report PDS-035-23
10.4 A rezoning is required to rezone the lands from "General Commercial Exception (C1-39)
Zone" to a Residential Mixed Use Exception Zone that will facilitate the proposed
development. A Zoning By-law Amendment has been prepared which would zone the
subject lands to the "Holding - Residential Mixed -Use Exception (H)(MU2-3 (S:3/10))
Zone". The proposed zone would better align with the approved vision for the Courtice
Main Street area.
10.5 A hold symbol is proposed for the subject lands and will be removed once the Applicant
provides satisfactory evidence which addresses all concerns listed in this report and
fulfills conditions of the site plan with the Municipality of Clarington to the satisfaction of
the Director of Planning and Infrastructure Services. The draft conditions of the site plan
application will be prepared at a later date, provided Council supports the
recommendations in this report.
Density
10.6 The area around the subject property is comprised of low -density residential and
commercial uses in transition. The commercial areas are traditional single -storey
developments surrounded by surface parking. The residential areas are traditional
single detached houses on relatively large lots. Some of the newer format commercial
spaces (such as the Shoppers Drug Mart) are two storeys and line the street.
10.7 Since the implementation of the Courtice Main Street Secondary Plan, the Regional
Highway 2 corridor has seen an increase in higher -density developments, including:
• the recently built development within the Courtice Town Centre;
• the site currently under construction at the former motel site at 1607 Highway 2;
• the draft approved site plan adjacent to the subject lands (The Uplands);
• the proposed seniors residence at 1697 Highway 2 (Lawson); and
• The mixed -use development at 1678 Highway 2 (Provenzano).
10.8 The density proposed is in conformity with the policy direction and vision for the
Courtice Main Street Area and provides for a greater diversity of housing types for the
area.
10.9 Ideally, step backs for the upper floors of the ten -storey building would be preferred to
create a more pedestrian -scaled development along the street edge, however, given the
grading constraints on the site and the overall design of the integrated parking garage
with common shared amenities on the roof of the garage, it would be difficult to achieve.
To address this, the design of the building incorporates contrasting materials for the
ground floor and upper levels, with the second -floor balconies serving as a cornice line
to define the public realm. This creates visual articulation in the building to make it more
Municipality of Clarington
Report PDS-035-23
Page 18
interesting. The building massing and lack of step back at upper levels are also
consistent with the approved mid -rise building to the east that is part of the Uplands
development.
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10.10 Regional Corridors are part of Clarington's priority intensification areas and are third, in
terms of density hierarchy, next to Transportation Hubs and Urban Centres. These
areas are to accommodate a significant amount of growth to create a vibrant street edge
and to support public investment in major transportation infrastructure. It also transitions
in scale to the lower -density areas to the south and west by providing three and four -
storey townhouses at the rear.
Vehicle Access and Traffic
10.11 The proposed application will be an extension to the draft approved site plan application
to the east (The Uplands) and includes an important section of the private laneway
network required to complete the traffic circulation for this block. The private lanes will
also connect to the Oshawa Monument site to the west, which will eventually allow for
future connections to Darlington Boulevard as future blocks develop.
10.12 It has been important for this development to have a signalized entrance shared with the
Uplands development to the east. The new signals would not only benefit the subject
lands but would assist in the further deterioration of the Darlington Boulevard
intersection as background traffic continues to grow. Since it will not meet the Region's
criteria for signals, it would be the Municipality's responsibility to pay for signalization.
The Municipality will recover 100% of the costs associated with the signals from the
developers that benefit from the signalized intersection.
Municipality of Clarington Page 19
Report PDS-035-23
10.13 Transportation objectives of the Secondary Plan are to transform Highway 2 from a
"highway" environment to an urban multimodal transportation corridor with greater
emphasis on the "pedestrian environment." Additional objectives are to support
sustainable transportation choices, including active transportation modes and future
higher -order transit and to improve the public realm and make the Corridor more transit -
supportive through high -quality streetscaping. This proposal is part of bringing the
vision for Regional Highway 2 to life by enhancing mobility options and the public realm,
building transit -supportive land uses and creating an inspiring urban built form.
10.14 Traffic counts were completed on Wednesday, March 4, 2020. Conditions observed
indicate that the intersections in the study area are operating at acceptable levels of
service, which is expected to continue under anticipated future conditions. The same is
true of the proposed new entrances from Regional Highway 2 to serve the subject and
adjacent Uplands developments.
10.15 The proposed development is expected to generate 67 two-way automobile trips during
the peak morning hours and 91 two-way automobile trips during the peak afternoon
hours. Some common Transportation Demand Management recommendations are
offered and have been considered in the preparation of the Secondary Plan
Amendment, Zoning By-law amendment and through the Site Plan approval process.
These include designated carshare parking spaces, 22 short-term and 198 indoor
bicycle parking spaces, pedestrian sidewalks along the internal roads which connect to
Highway 2, and provide an information package to new residents which includes
Durham Region Transit information, community cycling maps, trails, etc.
10.16 The final construction traffic and phasing plan will be required through the site plan
process and will need to be coordinated with the Uplands development. Construction
traffic will be required to use the Highway 2 entrance.
Parking
10.17 The Mixed -Use zone designation for the Courtice Main Street area has a parking ratio
for apartment buildings of one parking space per unit, which includes visitor parking.
This ratio is lower than the general parking requirement for apartments in the zoning by-
law, which is used in other areas of the Municipality. The intent of reducing the parking
ratios for the entire mixed -use areas within the Courtice Main Street is to support
frequent public transit investment and encourage an increase in multi -modal
transportation options. The same ratio is proposed to be applied to the subject lands as
part of the MU2 Zone, however, for the townhouses, a parking ratio of two parking
spaces per unit will still be required, and a visitor parking ratio of 0.25 spaces per unit
consistent with the adjacent development to the east.
10.18 Given the parking ratios proposed in the zoning by-law amendment, a total of 274
parking spaces would be required for the site and 7 accessible parking spaces. The
proposal provides for a total of 274 parking spaces and 27 accessible parking spaces.
Municipality of Clarington
Report PDS-035-23
Pedestrian and Trail Connections
Page 20
10.19 The proposal integrates with the Uplands development to the east and will contain
pedestrian linkages to the Farwell Creek Valley trail system. Public access will be
created through an easement in favour of the Municipality that will be established
through the site plan process. This is an important objective of the Official Plan as the
Municipality develops an active transportation network of trails, bike lanes and
sidewalks. The Farewell Creek trail will be a major spine for the active transportation
network.
10.20 A 2.1 metre sidewalk is proposed along the west side of the site which is adjacent to the
private lane. It connects to the adjoining Uplands site to the south and carries on to the
Farwell Creek Trail. The goal is to allow for trail users to connect to the commercial
areas to the north and west, and for the residential neighbourhood to access the valley
and trail system.
Municipality of Clarington
Report PDS-035-23
Page 22
accordance with Clarington's Amenity Guidelines for Medium and High -Density
Residences. The outdoor amenity areas include common areas on the roof of the
parking structure, as well as a patio on the rooftop terrace of the high-rise building.
Additionally, the townhouses will also contain individual private rooftop amenity space.
Figure 10- Outdoor Amenity Area proposed on top of the parking garage.
Municipality of Clarington
Report PDS-035-23
NON -ACCESSIBLE GREEN ROOF
Page 23
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10.22 Payment -in -lieu of parkland dedication will also be required for this development as the
private outdoor amenity space is only intended for the residents of the site, given the
lack of private outdoor space for each of the units. Private outdoor amenity space does
not count towards the public park contributions.
10.23 Municipal parkland dedication for this site will be calculated in accordance with the
Planning Act under Section 42, as well as the Municipality's Parkland Dedication By-law
2022-043. Currently, the Alternative Rate is 1 ha per 1,000 units, to a maximum of 10%
of the site area. This would result in a payment equivalent to the value of lands for 0.11
ha. The new Alternative Rate was introduced through Bill 23. Prior to the recent Bill 23
changes to the Planning Act, the requirement was 1 ha per 500 units, which would have
resulted in 0.37 ha. At a value of approximately $4,000,000 per ha for residential lands,
this results in approximately $1,000,000 of loss revenue, given the recent changes to
the alternative rate.
10.24 The final parkland calculation will be determined through the site plan stage, and
payment is required prior to issuing a building permit.
Stormwater Management
10.25 Staff and CLOCA are satisfied with the proposed management of stormwater quality
and quantity. The final design details of infiltration areas and other stormwater
management features will be confirmed at the site plan approval stage. Appropriate
conditions for future maintenance and operation of stormwater management elements
will be included in the site plan and condominium agreements. The future condominium
corporation(s) will be responsible for not only the on -site stormwater structures but the
outlets in the valley as well.
Municipality of Clarington
Report PDS-035-23
Fire and Emergency Services
Page 24
10.26 Emergency and Fire Services has reviewed the proposal and has expressed some
concerns with the overall site layout. The applicant will need to demonstrate that an
unobstructed path of travel from the fire route to the furthest proposed tenant main
entrance on the interior units of Condos, C, D, and F, cannot exceed more than 45
meters for the fire truck.
10.27 Furthermore, at the Public Meeting, a concern was raised regarding the clearance of the
portico at the westerly vehicle entrance for a fire truck. Although there may be clearance
for a fire truck, the Building Division has indicated that the Building Code does not
permit the fire route to be closer than 3 metres to the building. The design of the 10-
storey building would need to be revised as part of the site plan process to comply.
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Figure 12- Cross section - south view showing the portico over the drive aisle on the west and
the interior units which face the private outdoor amenity space.
Site Plan Application
10.28 Staff will continue to collaborate with the owner and review the site plan application.
Detailed site design refinements will occur through the Site Plan approval process, such
as technical issues that deal with grading, stormwater management, traffic, and
emergency response.
11. Financial Considerations
11.1 The capital infrastructure required for this development will be built by the developer and
assumed by the Municipality upon acceptance. The Municipality will include the new
Municipality of Clarington
Report PDS-035-23
Page 25
public capital assets in its asset management plans and be responsible for the major
repair, rehabilitation, and replacement of the public assets in the future.
11.2 Maintenance and minor repairs of any public infrastructure will be included in future
operating budgets.
11.3 The maintenance, repair, and replacement of any private laneways or private amenities
will not be the responsibility of the Municipality.
12. Concurrence
12.1 Not Applicable.
13. Conclusion
13.1 In consideration of all agency, staff and public comments, it is respectfully
recommended that the applications by Kingside to amend the Clarington Official Plan,
Courtice Main Street Secondary Plan, and Zoning By-law for a multi -unit residential
development with commercial space on the ground floor be approved, with a holding
symbol that will be removed once the conditions of the site plan are satisfied. The
conditions for the site plan application will be issued after Council makes a decision on
the official plan and rezoning applications.
Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext. 2422 or
nzambri(a)_clarington.net .
Attachments:
Attachment 1 — Official Plan Amendment
Attachment 2 — Zoning By-law Amendment
Attachment 3 — Agency and Department Comments
Interested Parties:
List of Interested Parties available from Department.
Attachment 1 to
PDS-035-23
The Corporation of the Municipality of Clarington
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To the Municipality of Clarington Official Plan
Purpose: To amend the Clarington Official Plan and the Courtice
Main Street Secondary Plan to permit townhouses as a
component of a mixed use development within a
Regional Corridor and Commercial land use
designation, to increase the maximum permitted building
height in the Commercial designation, and to permit a
private laneway width of 6.5 metres.
Location: The amendment to the Official Plan applies to the
property at 1465 Durham Highway 2 in Courtice.
Basis: This amendment is based on applications by 1465
Highway 2 Inc. to permit a multi -unit residential
development, which will result in 184 units, including a
mixed use building and townhouses, on lands south of
Durham Highway 2, east of Darlington Boulevard, and
within the Courtice Main Street Secondary Plan area.
Actual Amendment: The Clarington Official Plan is herby amended by adding
an exception to Section 23.19.1 "Residential Exceptions"
as follows:
ix. Notwithstanding Table 4-3 "Summary of
Urban Structure Typologies", lands identified
by Roll Number 1817-010-070-06400 shall, in
addition to the permitted uses within the
Region Corridor, be used for townhouses in
conjunction with a mixed -use or apartment
building located on the same site.
The Courtice Main Street Secondary Plan is hereby
amended as follows:
a) Notwithstanding the provisions of section 5.2.2,
the following uses are permitted:
- Townhouses in conjunction with a mixed use
building or apartment building located on the
same site.
Attachment 1 to
PDS-035-23
b) Notwithstanding the provisions of section 5.2.3,
the maximum building height is 10 storeys,
provided that the 10t" storey excludes any
residential units.
c) Notwithstanding the provisions of section 9.2.6,
private laneways shall have a minimum width of
6.5 metres.
Implementation: The provisions set forth in the Municipality of Clarington
Official Plan and the Courtice Main Street Secondary
Plan, regarding the implementation of the Plan, shall
apply in regard to this Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington
Official Plan and the Courtice Main Street Secondary
Plan, regarding the interpretation of the Plan, shall apply
in regard to this Amendment.
The Corporation of the Municipality of Clarington
By-law 2023-
Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington.
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA2020-0019;
Now Therefore the Council of the Corporation of the Municipality of Clarington enacts as
follows:
1. Section 16A.7 "Site Specific Exceptions" is amended by adding the following new
Special Exception Zone and renumbering the remaining sections:
16A.7.5 Residential Mixed Use Exception (MU2-3) Zone
Notwithstanding the respective provisions of Section 3.16 e. and 16A, those
lands zoned MU2-3 (S:3/10) on the Schedules to this By-law, shall be subject to
the following requirements:
a. Additional permitted uses:
i. Linked Townhouse dwellings;
ii. Linked and Stacked Townhouse dwellings are only permitted in
conjunction with an apartment or mixed use building, either connected
or on the same site.
b. Regulations for Mixed -Use Building
i. The number of storeys is subject to the zone suffixes as shown on the
Zoning Map Schedule, however in no case shall the loth storey be
used for residential units.
ii. Minimum length of street fagade (Highway 2) 55%
iii. Minimum setback all floors above 4th storey that
face a public street 0 metres
c. Regulations for Linked and Stacked Townhouse Dwellings
i. The total number of townhouse dwelling units shall not exceed 45% of
the total number of units within the MU2-3 Zone.
ii. Setback between dwelling without a common wall (minimum) 2.4
metres
iii. Minimum length of street fagade (Highway 2) 10%
iv. Location of main entrance No requirement
V. Minimum number of parking spaces per unit:
2 spaces per unit
0.25 spaces for visitor parking
vi. Minimum private outdoor amenity space 30 square metres
per unit
vii. Location of entrance no requirement
d. Regulations for entire block
i. Yard Requirements to underground parking (minimum)
a) Front yard 0 metres;
b) All other yards 1.2 metres
ii. Private Lane Width (Minimum) 6.5 metres
iii. Private Sidewalk Width (Minimum) 1.5 metres
iv. Minimum bicycle parking 0.5 space
per
dwelling unit
V. Minimum outdoor amenity space (shared) 4.0 square metres
per unit
vi. Minimum indoor amenity space (shared) 2.0 square
metres per unit
2. Schedule `4' to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "General Commercial Exception (C1-39)
Zone" to "Holding - Residential Mixed Use Exception (H)(MU2-3 (S:3/10)) Zone"
as illustrated on the attached Schedule `A' hereto.
3. Schedule `A' attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act
Passed in Open Council this 12t" day of June, 2023.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
This is Schedule "A" to By-law 2023- , passed this day of , 2023 A.D.
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Courtice . ZBA 2020-0019 • Schedule 4
Attachment 3 to
PDS-035-23
Attachment 3 — Agency and Department Comments
The following agencies and internal departments were circulated for comments on the
applications. Below is a chart showing the list of circulated parties and whether or not
we have received comments to date.
Department/Agency
Comments
Summary of Comment
Received
Durham Region
❑x
Durham Region does not have an objection to
Planning Department
the proposal. A Record of Site Condition will
be required as well as a clearance letter from
the Ministry of Heritage, Sport, Tourism and
Culture Industries.
For the noise receptor the Region has
indicated that it prefers the noise barrier to be
constructed on the Oshawa Monument Site.
Durham Region Works
❑x
A Regional Servicing Agreement is required.
Department
A Waste Management Plan is required.
The Region will require a 21 metre road
widening from the centre of the original road
allowance.
A cross access easement will be required for
the Oshawa Monument site given the
restrictions to the right in right out turning
movements as a result of this development.
The raised planer beds and large trees will
not be permitted within the Regions right-of-
way or future road widening dedication.
Central Lake Ontario
❑x
CLOCA does not have an objection to the
Conservation Authority
proposal. A dewatering plan will be required
(CLCOA)
for the next site plan application submission.
The unnamed tributary to the to the southeast
on the adjacent Uplands site will need to be
evaluated for potential impacts.
Kawartha Pineridge
0
KPRDSB has no objection to the proposal.
District School Board
Requested warning clauses be included in the
offer of purchase and sale agreements
advising prospective homeowners of
accommodations at certain schools is not
guaranteed and the school bus pick-up points
will not be located on the private lane but from
the public road. A pedestrian walkway internal
to the site is required to promote safe walking
routes.
Clarington Engineering
0
No objection to proposal. Detailed design
Development Division
comments related to snow storage, truck
Attachment 3 to
PDS-035-23
turning movements, servicing, grading, and
stormwater management were provided and
will need to be addressed prior to finalization
of the site plan application.
Clarington Emergency
❑x
Applicant to show distance of the fire hydrants
Services
to the furthest main entrance of the proposed
buildings. Fire route will need to comply with
OBC 32.5 and "No parking fire route" signs to
be installed.
Clarington Building
0
No objection to first submission.
Division
Clarington
0
No objection. Detailed comments were
Accessibility
provided regarding access to the building,
Committee
relocation of the covered lift to the private
outdoor amenity space, smooth surfaces for
the amenity space, clearance for mobility
devices in the dog was and drop off lobby
area, and accessible residential units to be
provided as an option for purchase.
Canada Post
0
No objection.
Corporation
Bell Canada
0
No objection.
Rogers
0
No objection.
Enbridge Gas
0
No objection.
PVNC District Catholic
❑
School Board
Conseil Scolaire de
❑
District Centre-Sud-
Quest
Conseil Scolaire de
❑
District Catholique
Centre-Sud