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Staff Report
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Report To: Special Council
Date of Meeting: June 27, 2023 Report Number: PDS-046-23
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By:
File Number:
Report Subject:
Mary -Anne Dempster, CAO Resolution#: C-115-23
S-C-2021-0007 and ZBA2021-0017 By-law Number: 2023-047
Revised Applications by Tribute (King Street) Ltd. for a Draft Plan of
Subdivision and Zoning By-law Amendment for 217 residential units in
Courtice
Recommendations:
1. That Report PDS-046-23 and any related delegations or communication items, be
received;
2. That the applications by Tribute (King Street) Ltd. for a Draft Plan of Subdivision and
Zoning By-law Amendment, municipally known as 1593 Bloor Street, 1614 Trulls
Road, Courtice be supported subject to the conditions as generally contained in
Attachment 1 to Report PDS-046-23.
3. That the Zoning By-law Amendment application submitted by Tribute (King Street)
Ltd. be approved as contained in Attachment 3 to Report PDS-046-23;
4. That once all conditions contained in the Zoning By-law with respect to the removal
of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H)
Holding Symbol be approved;
5. That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PDS-
046-23 and Council's decision; and
6. That all interested parties listed in Report PDS-046-23 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-046-23
Report Overview
Page 2
This is a recommendation report relating to the applications for a Draft Plan of Subdivision
and a Zoning By-law Amendment by Tribute (King Street) Ltd. to permit 130 single detached
dwellings, 42 semi-detached dwellings, 45 street townhouse dwellings, 2 regional corridor
blocks and a future development block. The Plan also contains, a neighbourhood park
block, an environmental protection block, a walkway block and roads to be dedicated to the
Municipality.
1. Application Details
1.1 Owner/Applicant: Tribute (King Street) Ltd.
1.2 Proposal:
Draft Plan of Subdivision
The proposed Draft Plan of Subdivision would permit 217 residential units, consisting of
130 single detached dwellings, 42 semi-detached dwellings and 45 street townhouse
dwellings, two regional corridor blocks and a future development block. The Plan also
contains, a neighbourhood park block, an environmental protection block, and a walkway
block to be dedicated to the Municipality. The subdivision would be accessed from two
new collector roads from Bloor Street and Trulls Road.
Zoning By-law Amendment
To rezone a portion of the lands from "Agricultural (A)" to an appropriate "Urban
Residential (R3)" Zone that would permit single detached, semi-detached and townhouse
dwellings with the proposed lot sizes and provisions and "Environmental Protection (EP)"
Zone.
1.3 Area: 31.7 hectares (78.3 acres)
1.4 Location: 1593 Bloor Street, 1614 Trulls Road southwest of Bloor Street and Trulls
Road, Courtice
1.5 Roll Numbers: 010 070 00600 0000
010 070 00900 0000
Municipality of Clarington
Report PDS-046-23
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Single Detached Regional Corridor Walkway
Semi Detached N Park Future Development
Townhouse Environmental Protection Road
Figure 1 — Area subject to applications
Page 3
2. Background
2.1 In June 2021, Tribute (King Street) Ltd. submitted applications for a proposed Draft Plan
of Subdivision and Zoning By-law Amendment for lands at 1593 Bloor Street and 1614
Trulls Road.
Municipality of Clarington
Report PDS-046-23
Page 4
2.2 A Statutory Public Meeting was held on September 12, 2022, to provide background
information regarding the applications and to obtain public comments. The proposal was
for 524 residential units, consisting of 130 single detached units, 30 semi-detached units,
69 freehold townhouses and 295 condominium townhouses.
2.3 Since the Public Meeting Report, the applicant has worked towards resolving staff,
agency, and public comments. The latest Draft Plan of Subdivision has been revised as
follows:
The unit count (for the freehold lots) was reduced from 229 units consisting of 130
single detached dwellings, 30 semi-detached dwellings and 69 townhouse
dwellings to 217 units consisting of 130 single detached dwellings, 42 semi-
detached dwellings and 45 street townhouse dwellings;
The street townhouse blocks shown on a portion of Regional Corridor Block 161
have been removed; and
The regional corridor blocks are not being rezoned until such time as detailed
concept plans are brought forward for discussion.
2.4 A summary of the public submission from the Statutory Public Meeting is provided in
Section 8 of this report.
3. Land Use Characteristics and Surrounding Uses
3.1 The subject lands are located south-west of the corner of Bloor Street and Trulls Road
within the Southeast Courtice Secondary Plan area. Tribute Communities owns a total of
69.5 hectares in this location. However, only the northern 31.7 hectares are located within
the boundary of the Southeast Courtice Secondary Plan and are the subject of these
applications. The subject lands are bounded by: Bloor Street to the north, a Type `A'
Arterial Road under the jurisdiction of the Region of Durham; and Trulls Road to the east,
a Type `B' Arterial Road under the jurisdiction of the Municipality of Clarington.
Municipality of Clarington
Report PDS-046-23
Page 5
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Figure 2: Aerial photo of subject lands and surrounding area.
3.2 The most prominent feature on the subject lands is the valley of Robinson Creek and the
associated valley slope. These occupy most of the western half of the proposed Draft
Plan of Subdivision. The eastern half of the property is currently farmland which slopes
gently in a northeast -to -southwest direction.
Municipality of Clarington Page 6
Report PDS-046-23
3.3 The neighbouring lands are currently used predominantly for agricultural purposes but are
slated for future urban development. They are described as follows:
West: West of the Robinson Creek valley is tableland that is Draft Plan approved for a
future residential development and the site of the existing South Courtice Arena
and Recreation Complex.
North: Across Bloor Street is farmland designated for future residential and mixed -use
development in the Southeast Courtice Secondary Plan.
East: Across Trulls Road is farmland designated for future residential and
mixed -use development in the Southeast Courtice Secondary Plan.
South: South of the subject lands is farmland currently subject to the Courtice Transit -
Oriented Community and GO Station Area Secondary Plan.
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement 2020 (PPS) provides policy direction on land use
planning and development for matters of provincial interest. This includes protecting
Provincial resources, public health and safety, and the quality of the natural and built
environment. These objectives are to be achieved through efficient land use planning.
Through land use designations and policies, municipal official plans and secondary plans
are the most important vehicle for implementing the PPS.
4.2 The Provincial Policy Statement focuses on growth and development within urban and
rural settlement areas. Development within these areas must meet the full range of
current and future needs of its population by employing efficient development patterns
and avoiding significant or sensitive resources and areas which may pose a risk to public
health and safety. Land use patterns should promote a mix of housing, including
affordable housing, employment, recreation, parks and open spaces, and transportation
choices that increase the use of active transportation and transit before other modes of
travel.
4.3 The applications are consistent with the Provincial Policy Statement.
Provincial Growth Plan
4.4 The Growth Plan for the Greater Golden Horseshoe 2019 (Growth Plan) provides
guidance on where and how to grow within the Greater Golden Horseshoe (GGH). This
includes requiring Municipalities to maintain a three-year supply of serviced land for
residential development.
Municipality of Clarington
Report PDS-046-23
Page 7
4.5 Building on the direction of the PPS, the Growth Plan supports the achievement of
complete communities, a thriving economy, a clean and healthy environment, and social
equity. These goals will be achieved by promoting access to transit and active
transportation and increasing the amount and variety of housing that is provided.
4.6 Complete communities provide for the needs of all parts of society. This includes
providing retail and office uses at locations that support active transportation and have
existing or planned transit. To address the issue of housing affordability, the Growth Plan
provides direction for a range and mix of housing to be offered with a priority on access to
transit and amenities.
4.7 In order to promote intensification, the Growth Plan has mapped a Built Boundary that
identifies the limits of existing development. Lands outside of the Built Boundary are
designated as Greenfield Areas. The Growth Plan calls for new developments in
Greenfield Areas to achieve a minimum density target of 50 residents and jobs combined
per gross hectare. The subject lands are designated Greenfield Areas.
4.8 The Growth Plan requires the protection and management of important hydrologic and
natural heritage features and areas in planning for future growth. Planning for large-scale
development in designated Greenfield Areas within the Southeast Courtice Secondary
Plan area is informed by the Robinson / Tooley Subwatershed Plan.
4.9 The applications conform with the policies and objectives of the Growth Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the lands as Living Areas and Regional
Corridors along Bloor Street.
5.2 Lands designated Living Areas permit the development of communities incorporating the
widest possible variety of housing types, sizes, and tenure to provide living
accommodations and address various socio-economic factors. Development applications
in Living Areas must consider having a compact built form, including providing intensive
residential and mixed uses along arterial roads and transit routes. Consideration must
also be given to urban design, pedestrian connections, a grid pattern of roads, and the
availability of services and infrastructure.
5.3 The Region's Official Plan establishes a framework for Regional Corridors. Corridors are
considered the main arteries of the Region's urban structure. Corridors will be developed
to include, among other things, the promotion of pedestrian activity and public transit
ridership through well -designed development, a mix of uses at higher densities, and
sensitive urban design that orients development to the corridor, complemented by the
consolidation of access points and preserving and enhancing cultural heritage resources.
The built form should be a wide variety of building forms, generally mid -rise in height, with
some higher buildings.
Municipality of Clarington
Report PDS-046-23
Page 8
5.4 Region of Durham Official Plan policy supports the provision of affordable housing units
throughout Clarington. The Region of Durham Official Plan also supports the provision of
a range of residential unit types in order to support families, seniors, and special needs
groups.
5.5 The applications conform with the policies and objectives of the of Durham Region Official
Plan.
Clarington Official Plan
5.6 The Clarington Official Plan seeks to create walkable neighbourhoods and to provide a
variety of uses within each neighbourhood. New neighbourhoods will have a variety of
housing densities, tenure and types for all incomes, ages, and lifestyles. Three key
principles which provide direction for the policies of the Official Plan are: sustainable
development, healthy communities, and growth management.
5.7 The Clarington Official Plan designates the subject lands as Urban Residential, Regional
Corridor and Environmental Protection Area.
5.8 The Urban Residential designation shall predominantly be used for housing purposes,
providing for a variety of densities, tenure, and types. Neighbourhoods must be walkable,
compact, connected and create a high -quality public realm.
5.9 Regional Corridors shall provide for intensification, mixed -use development and
pedestrian and transit -supportive development. The development of Regional Corridors
aims to improve the public realm and establish walkable, transit -supportive corridors
through high -quality streetscaping and built form.
5.10 The lands associated with the headwaters and tributaries of Tooley Creek, and Robinson
Creek are designated Environmental Protection Areas. Environmental Protection Areas
are recognized as the most significant components of the Municipality's natural
environment, and their ecological functions are to be conserved and protected.
5.11 The applications conform with the policies and objectives of the Clarington Official Plan.
Southeast Courtice Secondary Plan
5.12 The Southeast Courtice Secondary Plan designates the subject lands as Medium Density
Regional Corridor, Low Density Residential, Environmental Protection Area and
Neighbourhood Park.
5.13 The Secondary Plan establishes that development within the Medium Density Regional
Corridor designation shall have an overall average density of 85 units per net hectare. In
no case shall an individual development application have a density of less than 60 units
per net hectare. Development on lands designated Low Density Residential shall have a
minimum net density of 13 units per hectare and shall not exceed three storeys in height.
5.14 Within the Medium Density Regional Corridor designation, the predominant use of lands
is a mix of housing types and tenures in mid -rise building forms. The highest and densest
Municipality of Clarington
Report PDS-046-23
Page 9
built form shall front on Bloor Street. Retail and service uses are to be provided at
strategic locations to reinforce the community structure and provide access to local
amenities within walking distance for residents of the surrounding areas.
5.15 The Secondary Plan identifies the intersection of Bloor Street and Trulls Road as a
Prominent Intersection. Within Regional Corridors, the greatest heights and densities
shall occur at Prominent Intersections and the nodes which surround them. The
Prominent Intersection at Bloor Street and Trulls Road shall feature built form no less
than four storeys in height and is encouraged to include retail and service uses that
provide amenities to the surrounding neighbourhoods.
5.16 The Secondary Plan establishes policies to ensure that development contributes to an
attractive and animated public realm, fine grain connectivity, an enhanced pedestrian
environment, and appropriate transitions between areas of different development intensity
and uses.
5.17 Bloor Street is encouraged to be developed as a multi -way, a road design that balances
the functional requirements of a Type A arterial road and a local road, in order to create
pleasant urban environments along high -volume arterial roads.
5.18 The applications conform with the policies and objectives of the Southeast Courtice
Secondary Plan.
Southeast Courtice Urban Design and Sustainability Guidelines
5.19 Southeast Courtice Urban Design and Sustainability Guidelines were approved to provide
direction in the form of design guidance and strategies to implement the vision and
objectives of the Southeast Courtice Secondary Plan. Guidance addresses community
structure, street, and block patterns, built form, public realm (including roads), cultural and
natural heritage, stormwater management, transitions between uses and implementation.
5.20 The applications conform with the policies and objectives of the Southeast Courtice Urban
Design and Sustainability Guidelines.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A)".
6.2 A Zoning By-law Amendment proposes to place the subject lands in an appropriate R3
Urban Residential zone subject to a Holding zone to implement the Draft Plan of
Subdivision. Open space lands and their buffers would be placed in the Environmental
Protection (EP) Zone. A draft Zoning By-law Amendment for the subject lands is provided
as Attachment 3 to this report.
6.3 The Holding zone will remain on the lands until the necessary conditions of draft approval
and development agreements are in place for the draft plan of subdivision. The
development agreements will require the applicant to, among other matters:
Municipality of Clarington
Report PDS-046-23
Page 10
address the recommendations of the background studies, including submissions of
additional information, plans and reports; and
provide for municipal services and road works that will service the development.
6.4 The regional corridor blocks will remain zoned "Agricultural (A)" until such time as the
necessary concept plans have been provided to staff for consideration. A subsequent
report to the Planning and Development Committee to recommend a proposed zoning
change for the regional corridor blocks will be scheduled at the appropriate time.
Street Townhouses with 6 metre Lot Frontages
6.5 The applicant is proposing that certain street townhouses have a lot frontage of 6 metres.
A 6 metre lot frontage for street townhouses deviates from the current municipal standard
which requires a 7m lot frontage. However, other shoreline municipalities have approved
street townhouses with 6 metre lot frontages and developers having built in those other
shoreline municipalities are proposing the same in Clarington. In addition, with the
provincial changes, land costs, and projected population/density requirements, smaller
lots are becoming more prevalent. With the appropriate landscaped open space and
driveway width restrictions, good neighbourhood design can be achieved.
Figure 3: Conceptual Rendering of a Street Townhouse Block 6.1 metre lot frontages
7. Summary of Background Studies
Planning Justification Report, November 2021 (as amended)
7.1 The Planning Report prepared and submitted in support of the proposal concludes that
the applications represent good planning and are in the public interest.
Municipality of Clarington Page 11
Report PDS-046-23
Functional Servicing Report, November 2021 (as amended)
7.2 The Functional Servicing Report submitted in support of the proposal concludes that
subject to a trunk water and sewer extension in Baseline Road water and sanitary
services will be available to service the proposed plan of subdivision. An appropriate
condition of draft approval is being imposed.
Stormwater Management Report, November 2021 (as amended)
7.3 The Stormwater Management Report submitted in support of the proposal concludes that
subject to the construction of storm sewer connections and related infrastructure within
the road allowances and the construction of the proposed stormwater management
facility on lands to the south, stormwater management is available for this proposed plan
of subdivision.
7.4 Although the lands to the south are owned by Tribute they fall outside of this proposed
draft plan of subdivision. Therefore, the applicant will have to submit a severance
application to the Region of Durham to create the necessary parcels of land and related
easements. Appropriate conditions of draft approval are being imposed.
Noise Impact Study, November 2021 (as amended)
7.5 The Noise Impact Study submitted in support of the proposal concludes that subject to
noise mitigation measures (acoustic fencing, upgraded building materials, mandatory air
conditioning) and warning clauses that the sound levels for future residents are
acceptable. An appropriate condition of draft approval is being imposed.
7.6 An update to the Noise Impact Study will be required for regional corridor blocks 166 and
167 when subsequent planning applications are submitted detailing the proposed
development for those blocks.
Phase I Environmental Site Assessment, August 2020
7.7 The Phase I Environmental Site Assessment concludes that a Phase II Environmental
Site Assessment is required to be prepared prior to a Record of Site Condition being
submitted to the Ministry of the Environment, Conservation and Parks. An appropriate
condition of draft approval is being imposed.
Environmental Impact Study, November 2021 (as amended)
7.8 The Environmental Impact Study submitted in support of the proposal concludes that,
subject to appropriate buffers and grading, the proposal will not have a negative impact
on the natural heritage system.
Municipality of Clarington Page 12
Report PDS-046-23
Energy Efficiency and Sustainability Plan, November 2021
7.9 The Energy Efficiency and Sustainability Plan submitted in support of the proposal
concludes that the proposal meets the principles of Sustainable Development as outlined
in the Municipality of Clarington Official Plan.
Stage 1, 2 and 3 Archaeological Assessment, November 2019, and May 2020
7.10 The Stage 1, 2, and 3 Archaeological Assessments submitted in support of the proposal
determined that there is high cultural heritage value and interest potential for recovering
significant archaeological resources within the boundaries of the current Study Area. In
addition, a Stage 4 Archaeological Assessment is required to be undertaken. It is
recommended that development not proceed before receiving confirmation from the
Ministry of Heritage, Sport, Tourism, and Culture Industries, (MHSTCI) that the report has
been reviewed and entered into the Provincial Register of Reports, and all other
government agencies have signed off. An appropriate condition of draft approval is being
imposed.
Transportation Impact Study, October 2021 (as amended)
7.11 The Transportation Impact Study submitted in support of the proposal concludes that:
Traffic anticipated to be generated by the proposed development can be
accommodated by the study road network;
The proposed development implements the TDM measures and incentives
identified in the report to support active transportation and transit and to reduce the
numbers of single -occupant -vehicle trips to and from the proposed development;
and
The proposed development provides sufficient on -street parking.
8. Public Submissions
8.1 A Statutory Public Meeting was held on September 12, 2022. Notification was provided
to all property owners within 120 metres of the site. Signage was posted on the property
and notification was also posted to the Municipality's website.
8.2 Staff received comments from a local councillor and various members of the public
concerning traffic congestion, road and infrastructure improvements, the development of
greenfield land and parking shortages.
8.3 These comments and concerns will be discussed in Section 10 of this report.
Municipality of Clarington Page 13
Report PDS-046-23
9. Department and Agency Comments
9.1 Various agencies and internal departments were circulated for comments on the
applications. Attachment 4 to this report is a chart showing the list of circulated parties
and whether or not we have received comments to date.
10. Discussion
10.1 The proposed development of 130 single detached dwellings, 42 semi-detached
dwellings and 45 street townhouse dwellings helps to meet Provincial Growth Plan targets
by adding units within the existing urban area.
10.2 The proposed development includes a neighbourhood park and environmental protection
lands being conveyed to the Municipality, which meets municipal objectives and helps
protect the natural heritage system.
10.3 New roads and other services will be provided to service this development and planned
future developments to the north, south and east. The road pattern allows for connectivity
to the planned future developments to the north, south and east. A future development
block allows for certain lands to the south on North Street to develop and access the local
road network, thereby reducing the number of driveways to North Street.
10.4 The proposed development relies on a trunk sewer extension in Baseline Road and a
proposed stormwater management facility south of the subject lands before development
can occur. The applicant is aware of these servicing constraints and has agreed to the
appropriate conditions of draft approval being included.
10.5 The majority of the external agencies, authorities and internal departments have no
objection to the applications subject to conditions.
10.6 The proposed development meets the intent of the Provincial Policy Statement, the
Growth Plan, the Durham Region Official Plan and the Clarington Official Plan.
10.7 The proposed development represents good planning.
Municipality of Clarington Page 14
Report PDS-046-23
Addressing Comments and Concerns from Residents
10.8 Staff received comments from a local councillor and various members of the public
concerning traffic congestion, road and infrastructure improvements, the development of
greenfield land and parking shortages. These comments are outlined below, along with
the staff response.
Traffic Congestion and Road and Infrastructure Improvements
10.9 The abutting existing roads in the area, including but not limited to Bloor Street and Trulls
Road, will be improved from rural cross sections to urban and eventually widened. As
part of this proposal, the applicant is required to convey road widening and sight triangles
to the Region of Durham and the Municipality of Clarington for these future road
improvements.
10.10 The applicant is required to construct an internal road network to service this
development and connect to Bloor Street and Trulls Road. This road network includes
collector roads, local roads, sidewalks and cycling lanes.
Development of Greenfield Land
10.11 The development of greenfield land within the urban area is permitted subject to
achieving a density of 50 residents and jobs combined per gross hectare. The proposal
has 64 residents and jobs combined per gross hectare and provides a range of housing
types.
10.12 The entirety of the site is not being developed, the applicant is required to convey to the
Municipality a neighbourhood park block (1.64 hectares) and an environmental protection
block (14.42 hectares).
Parking Shortages
10.13 The proposed development is not seeking a reduction in required parking and therefore
meets the parking supply requirements in the Zoning By-law. In addition, the applicant
provided an on -street parking plan illustrating where temporary visitor parking can be
accommodated.
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
capital assets in its asset management plans and be responsible for the major repair,
rehabilitation and replacement in the future.
11.2 Maintenance and minor repairs of the neighbourhood park, environmental protection
lands, walkways and road infrastructure will be included in future operating budgets.
Municipality of Clarington Page 15
Report PDS-046-23
12. Concurrence
12.1 This report has been reviewed by the Deputy CAO/Treasurer
13. Conclusion
13.1 In consideration of all agency, staff and public comments, it is respectfully recommended
that the application for Draft Plan of Subdivision and the Zoning By-law Amendment, as
submitted by Tribute (King Street) Ltd., be supported and approved respectfully, subject
to the Draft Plan conditions included in Attachment 1.
Staff Contact: Morgan Jones, Principal Planner, 905-623-3379 Ext 2426 or
mjones@clarington.net.
Attachments:
Attachment 1 - Conditions of Draft Approval
Attachment 2 — Draft Plan of Subdivision
Attachment 3 — Zoning By-law Amendment
Attachment 4 — Departmental and Agency Comments
Interested Parties:
The following interested parties will be notified of Council's decision:
Attachment 1 to Report PDS-046-23
CONDITIONS OF DRAFT APPROVAL
File Number: S-C-2021-0007
Issued for Concurrence: June 12, 2023
Notice of Decision:
Draft Approved:
Carlos Salazar, MCIP, RPP
Director of Planning and Infrastructure Services
Municipality of Clarington
Part 1 — Plan Identification
1.1 The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2021-0004 prepared by GHD identified as project number
11208864, dated November 2022, as revised June 2023, which illustrates 130
single detached dwellings, 42 semi-detached dwellings, 45 street townhouse
dwellings, 2 regional corridor blocks, a future development block, a
neighbourhood park block, an environmental protection block, a walkway block
and roads.
Part 2 — General
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the "Municipality") that contains all of the terms and
conditions of the Municipality's standard subdivision agreement respecting the
provision and installation of roads, services, drainage, other local services and all
internal and external works and services related to this plan of subdivision. A
copy of the Municipality's standard subdivision agreement can be found at
https://www.clarington.net/en/do-business/resources/application-
forms/subdivision-aareement.pdf
2.2 The Owner shall name all road allowances included in the draft plan to the
satisfaction of the Municipality and the Regional Municipality of Durham (the
"Region").
2.3 All works and services must be designed and constructed in accordance with the
Municipality's Design Guidelines and Standard Drawings.
Page 11
Architectural Control
2.4 (1) The Owner shall be 100% responsible for the cost of any architectural
design guidelines specific to this development, as well as 100% of the cost
for the "Control Architect" to review and approve all proposed models and
building permits, to the satisfaction of the Director of Planning and
Infrastructure Services.
(2) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the architectural control
guidelines for the development and the exterior architectural design of each
building and the location of the building on the lot has been approved by the
Director of Planning and Infrastructure Services.
Marketing and Sales
2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by
the Director of Planning and Infrastructure Services.
(2) The Owner shall erect and maintain a sign on the development site and/or in
the sales office which shows the Land Use Plan as approved by the Director
of Planning and Infrastructure Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning and Infrastructure Services which includes all warning
clauses/ notices prior to any residential units being offered for sale to the
public.
Site Alteration
2.6 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill or alter the grade of any portion of the lands within the draft plan. The
Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Planning and Infrastructure Services regarding the intended
haulage routes, the time and duration of the site alteration work and security
relating to mud clean up, road damage and dust control in accordance with the
Dust Management Plan in Section 4.7. After registration of a subdivision
agreement, the provisions of the Municipality's standard subdivision agreement
shall apply to any proposed site alteration on the lands covered by the
subdivision agreement.
Page 12
Part 3 — Final Plan Requirements
3.1 The following road allowances shown on the draft plan shall be dedicated to the
Municipality upon registration of the final plan:
a. Streets A, B, C, D and E
3.2 The Owner shall transfer to the Municipality (for nominal consideration free and
clear of encumbrances and restrictions) the following lands and easements:
a. Road Widening
• Shown as Block 168 on the draft plan.
b. Sight Triangle
• Shown as Block 167 on the draft plan.
C. Parkland
• Shown as Block 163 on the draft plan.
d. Walkway
• Shown as Block 164 on the draft plan.
e. Open Space
• Shown as Block 165 on the draft plan.
3.3 The Owner shall transfer to the Region (for nominal consideration, free and clear
of encumbrances and restrictions) the following lands and easements:
a. Road Widening Block 169
Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan
Registration
4.1 The Owner shall submit the following plans and report or revisions thereof:
Phasing Plan
(1) The Owner shall submit plans showing the proposed phasing to the Municipality
and the Region for review and approval if this subdivision is to be developed by
more than one registration. The Phasing Plan must show how the roads and
associated infrastructure within each phase are intended to connect to
subsequent phases of development, including the provision of temporary or
transitional works such as temporary turning circles, external easements for
temporary turning circles, and associated frozen lots. The Municipality shall
require the preparation of a subdivision agreement for each phase of
development.
Page 13
Noise Report
(2) The Owner shall submit to the Director of Planning and Infrastructure Services
and the Region, for review and approval, an updated noise report, based on the
preliminary noise report entitled Noise Impact Study, prepared by WSP, last
revised December 14, 2022.
Functional Servicing
(3) The Owner shall submit to the Director of Planning and Infrastructure Services,
Region, and Central Lake Ontario Conservation Authority, for review and
approval, an updated Functional Servicing Report, based on the functional
servicing report prepared by WSP, last revised April 2023.
The Robinson Tooley Subwatershed Study (RTSWS) and associated flood
impact analysis has not yet been finalized. A written commitment to make all
necessary revisions to the provided SWM design required when the RTSWS and
Flood Impact Analysis Report have been finalized must be provided as a
condition of Draft Plan approval.
Stormwater Management Report
(4) The Owner shall submit to the Director of Planning and Infrastructure Services
and Central Lake Ontario Conservation Authority, for review and approval, an
updated Stormwater Management Report, based on the stormwater
management report prepared by WSP, last revised April 2023.
Hydrogeological Assessment
(5) The Owner shall submit to the Director of Planning and Infrastructure Services a
written commitment to implement the recommendations as stated in Section 5 of
the Hydrogeological Assessment, including but not limited to additional infiltration
testing for LIDs.
Community Theme Plan
(6) The Owner shall submit a "Community Theme Plan" to the Director of Planning
and Infrastructure Services for approval. Such plan shall include design concepts
for a community theme including gateway treatments, landscape treatments,
lighting fixtures, fencing details and related design issues for the overall design,
location and configuration of trails and open space buffers. All Engineering
Drawings shall conform with the approved Community Theme Plan.
Environmental Sustainability Plan
(7) The Owner shall submit an update of the Environmental Sustainability, prepared
by GHD, dated November 2021, to the satisfaction of the Director of Planning
and Infrastructure Services. Such plan shall identify the measures that the Owner
will undertake to conserve energy and water in excess of the standards of the
Ontario Building Code, reduce waste, increase recycling of construction materials
and utilize non -toxic, environmentally sustainable materials and finishes. The
plan shall include the location of a shade tree, or provision for a voucher from a
local nursery to allow the purchaser to acquire a shade tree to provide passive
solar gain during the various seasons.
Page 14
Soils Management Plan
(8) Prior to Authorization to Commence, the Owner shall provide a Soils
Management Plan for review and approval by the Director of Planning and
Infrastructure Services. Such plan shall provide information respecting but not
limited to any proposed import or export of fill to or from any portion of the Lands,
intended haulage routes, the time and duration of any proposed haulage, the
source of any soil to be imported, quality assurance measures for any fill to be
imported, and any proposed stockpiling on the Lands. All imported material must
originate from within the Municipality of Clarington. The Owner shall comply with
all aspects of the approved Soils Management Plan. The Director may require
the Owner to provide security relating to mud clean up, dust control and road
damage.
Dust Management Plan
(9) Prior to Authorization to Commence Works, the Owner is required to prepare a
Dust Management Plan for review and approval by the Director of Planning and
Infrastructure Services. Such plan shall provide a practical guide for controlling
airborne dust which could impact neighbouring properties. The plan must:
a. identify the likely sources of dust emissions;
b. identify conditions or activities which may result in dust emissions;
C. include preventative and control measures which will be implemented to
minimize the likelihood of high dust emissions;
d. include a schedule for implementing the plan, including training of on -site
personnel;
e. include inspection procedures and monitoring initiatives to ensure effective
implementation of preventative and control measures; and
f. include a list of all comments received from the Municipality, if any, and a
description of how each comment was addressed.
Part 5 —Special Terms and Conditions to be Included in the Subdivision
Agreement
5.1 Cost Sharing Agreement
The Owner enter into a cost sharing agreement with the abutting landowners and
the Municipality be provided with a copy of a notarized letter confirming that a
cost sharing agreement has been entered into and who has entered into said
cost sharing agreement.
5.2 Trulls Road
The Owner shall enter into a mutually agreeable cost sharing arrangement with
the Municipality for the reconstruction of Trulls Road including all grading, storm
sewers, sanitary sewers, watermains, bike lanes, boulevard works and
landscaping excluding surface asphalt from Bloor Street to Street E. The
reconstruction of Trulls Road shall be required with Phase 1.
Page 15
5.3 Parkland Conveyance
The Owner shall convey Block 163 to the Municipality for park or other public
recreational purposes in accordance with section 51.1 of the Planning Act,
R.S.O. 1990, c.P.13.
The Municipality acknowledges that Block 163 is an over dedication of parkland
for this subdivision, but is the correct size and location of the neighbourhood park
in accordance with the Southeast Courtice Secondary Plan.
The Owner shall be credited with cash payment for the over dedication of land
based on the value of the Lands as of the day before the approval of draft Plan of
Subdivision S-C-2021-0007.
5.4 Park Development
(1) In this section, "Park Plan" means a plan prepared by a qualified
landscape architect showing:
a. all proposed park features including walkways, playgrounds, sports
fields and seating areas; and
b. the proposed grading and stormwater drainage system to
demonstrate that the proposed park size, configuration and
topography will allow for the construction of park facilities.
(2) An Authorization to Commence shall not be issued for any Works until the
Owner has submitted and the Director has approved the Park Plan.
(3) The Owner shall construct, and ensure the Engineering Drawings
incorporate the final grades for the park including 200 mm minimum
topsoil and seeding, sodding, fencing, all storm sewer servicing within the
park and provision of sanitary sewer, water connections and hydro service
to the park property line along the park frontage.
(4) For purposes of the Subdivision Agreement, all works under the section
5.8(3) are considered a separate Works Component with a minimum
maintenance period of 2 years.
5.5 Trail
The Owner shall construct and pay for up to 100% of a trail through the Open
Space block 165 at the west limits of the site and Neighbourhood Park block 163
to the satisfaction of the Director of Planning and Infrastructure Services.
5.6 Noise Attenuation
(1) The Owner shall implement the noise attenuation measures
recommended in the updated noise report.
(2) The Owner shall not make an application for a building permit for certain
lots (if necessary) until an acoustic engineer has certified that the plans for
the building are in accordance with the Noise Report.
Page 16
Part 6 — Agency Conditions
6.1 Region of Durham
(1) The Owner shall prepare the final plan and shall include a land use table
on the basis of the approved draft plan of subdivision, prepared by GHD,
identified as Project number 11208864, drawing number DP 1, dated June
23, 2021, revised June 2023, which illustrates 130 single detached lots, 42
semi-detached lots, 45 street townhouse lots, 2 regional corridor blocks, a
future development block, a neighbourhood park block, an environmental
protection block, a walkway block and roads.
(2) The Owner shall carry out an archaeological assessment of the subject
property and mitigation and/or salvage excavation of any significant
heritage resources to the satisfaction of the Ministry of Heritage, Sport,
Tourism, and Culture Industries. No grading or other soil disturbance shall
take place on the subject property prior to a letter of clearance from the
Ministry of Heritage, Sport, Tourism, and Culture Industries.
(3) The Owner shall submit to the Region of Durham, for review and approval,
a revised acoustic report prepared by an acoustic engineer based on
projected traffic volumes provided by the Region of Durham Planning and
Economic Development Department and recommending noise attenuation
measures for the draft plan in accordance with the Ministry of the
Environment, Conservation and Parks guidelines. The Owner shall agree
in the Subdivision Agreement to implement the recommended noise
control measures. The agreement shall contain a full and complete
reference to the noise report (i.e. author, title, date and any
revisions/addenda thereto) and shall include any required warning clauses
identified in the acoustic report. The Owner shall provide the Region with a
copy of the Subdivision Agreement containing such provisions prior to final
approval of the plan.
(4) Prior to the finalization of this plan of subdivision, the Owner must provide
satisfactory evidence to the Regional Municipality of Durham in
accordance with the Region's Soil and Groundwater Assessment Protocol
to address site contamination matters. Such evidence may include the
completion of a Regional Reliance Letter and Certificate of Insurance.
Depending on the nature of the proposal or the findings of any Record of
Site Condition (RSC) Compliant Phase One Environmental Site
Assessment (ESA), an RSC Compliant Phase Two ESA may also be
required. The findings of the Phase Two ESA could also necessitate the
requirement for an RSC through the Ministry of the Environment,
Conservation and Parks, accompanied by any additional supporting
information.
(5) The Owner shall submit plans showing the proposed phasing to the
Region of Durham and the Municipality of Clarington for review and
approval if this subdivision is to be developed by more than one
registration.
Page 17
(6) The Owner shall grant such easements as may be required for utilities,
drainage and servicing purposes to the appropriate authorities. The
easements shall be in locations and of such widths as determined by the
Region.
(7) The Owner shall provide for the extension of such sanitary sewer and
water supply facilities which are external to, as well as within, the limits of
this plan that are required to service this plan. In addition, the Owner shall
provide for the extension of sanitary sewer and water supply facilities
within the limits of the plan which are required to service other
developments external to this subdivision. Such sanitary sewer and water
supply facilities are to be designed and constructed according to the
standards and requirements of the Region of Durham. All arrangements,
financial and otherwise, for said extensions are to be made to the
satisfaction of the Region of Durham and are to be completed prior to final
approval of this plan.
(8) Prior to entering into a Subdivision Agreement, the Region of Durham
shall be satisfied that adequate water pollution control plant and water
supply plant capacities are available to the proposed subdivision.
(9) The Owner shall satisfy all requirements, financial and otherwise, of the
Region of Durham. This shall include, among other matters, the execution
of a Subdivision Agreement between the Owner and the Region
concerning the provision and installation of sanitary sewers, water supply,
roads and other regional services.
(10) The Owner shall convey to the Region, free and clear of all
encumbrances, a road allowance widening across the total frontage of the
plan on Bloor Street. The widening shall be determined as a distance of
8.0 metres (+/-) south of the existing street line, which in turn results in a
measured distance of 20 metres south of the centreline of the original road
allowance (Block 169).
(11) The Owner shall convey to the Region, free and clear of all
encumbrances, a 15.0 metre x 15.0 metre sight triangle, measured from
the widened right-of-way, at the southwest corner of Trulls Road and Bloor
Street East.
(12) The Owner shall convey to the Region, free and clear of all
encumbrances, a 15.0 metre x 15.0 metre sight triangle, measured from
the widened right-of-way, at the southwest and southeast corners of Street
B and Bloor Street East.
Page 18
6.2 Central Lake Ontario Conservation Authority
(1) That prior to any on -site grading or construction or final approval of the
plan, the Owner shall submit to and obtain approval from the Central Lake
Ontario Conservation Authority (CLOCA) and the Municipality of
Clarington for reports/plans describing the following:
a. A detailed grading plan illustrating the final proposed grades and
associated with the stormwater management pond, outfall and associated
access road;
b. All outstanding comments provided in CLOCA's April 20, 2023 letter and
attachments be addressed as part of the detailed design review, to the
satisfaction of CLOCA;
c. Prior to the finalization of the detailed design of the stormwater
management pond, that the applicant determines the ultimate drainage
boundaries for this portion of the South -East Courtice Secondary Plan with
respect to the Robinson-Tooley Drainage Diversion. Any proposed
diversions will be required to justify the works and be supported with
applicable information, including grading and/or servicing constraints, and
demonstrate there will be no downstream flooding or erosion impacts, to
the satisfaction of the Municipality and CLOCA;
d. Demonstrate the intended means of conveying storm water flow from the
site, including the use of stormwater techniques which are appropriate and
in accordance with provincial guidelines, and CLOCA's Technical
Guidelines, as amended;
e. A comprehensive Stormwater Management/Functional Servicing Report
(SWMR/FSR), which clearly articulates the drainage assumptions, directs
the site -specific stormwater management control requirements for the site,
and is consistent with CLOCA's Technical Guidelines for Stormwater
Management. The Stormwater Management pond will be required to
provide a minimum 0.3m freeboard above the maximum emergency
spillway water elevation;
The Stormwater Management/Functional Servicing Report be amended to
include thermal mitigation and an Erosion Threshold analysis at the
detailed design stage to verify that there will be no adverse erosion
impacts to the receiving watercourse and adjacent valleylands, including
mitigation measures as required, to the satisfaction of CLOCA;
g. The pond design shall include a maintenance access road down to the
permanent pool elevation to facilitate pond cleanouts. Consideration for a
designated sediment drying area should also be given in the detailed
design;
h. That the invert of the pond outfall must be located above the 2-year flood
elevation in the Robinson Creek tributary;
Page 19
The detailed design shall demonstrate the use of Low Impact
Development (LIDs) stormwater management measures, as identified in
an updated Stormwater Management/Functional Servicing Report
(SWMR/FSR). The details shall include further analysis of water table
levels and the recommended LID measures. Estimates and a map of how
much each LID will add to infiltration compared to predevelopment given
the varied groundwater levels must be provided and demonstrate best
efforts to meet a minimum capture target of 25-27mm of the entire
developable area. Consideration for additional LID locations will be
provided at the detailed design stage, in coordination with the Utilities
Plan. The LIDs shall include measures supporting the treatment train
approach to stormwater management, and measures to maintain pre and
post development water balance and measures to ensure no hydrologic
impacts;
j. That a digital copy of the hydrology model be provided for review and final
approval;
k. The means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction, in accordance with
Provincial and Conservation Authority guidelines. The report and plans
must outline all actions to be taken to prevent an increase in the
concentration of solids in any water body as a result of on -site, or related
works, to comply with the Federal Fisheries Act;
The appropriate location of any stormwater management and foundation
drainage collection system outlets and, any required mitigation measures
to ensure that the foundation drainage collection system will not intercept
the seasonal high-water table or cause stream erosion;
m. That the grading works within Block 165 will be minimized to the greatest
extent possible;
n. That the works within Block 165 shall include restoration works for any
disturbed areas, including any grading encroachments, restoration of all
graded areas, and a restored vegetation protection zone;
o. That a comprehensive environmental restoration planting plan be
prepared for Open Space Block 165. The planting plan will provide a
robust and dense re -naturalization plan consisting of native, self-
sustaining vegetation for all disturbed areas and barrier plantings along
the perimeter to deter public access, to the satisfaction of CLOCA and the
Municipality of Clarington. All planted areas will be protected with
appropriate fencing to avoid any disturbance to this area during
construction;
Page 110
p. That an environmental monitoring plan for all restoration plantings within
Block 165 be submitted to monitor that the works have been completed
and is successful. The restoration planting works will be subject to a 3-
year environmental monitoring period, to be provided at the detailed
design stage, and will include a contingency for replacements if required.
The works will be subject to annual reporting by a qualified professional, to
the satisfaction of CLOCA;
q. That a monitoring program be provided at the detailed design stage for the
proposed storm outlet tie-in with the existing creek. The monitoring
program will be required to include a contingency for repairs and/or design
upgrades if required. The monitoring program will be subject to a 3-year
period for all outfall works, with annual reporting by a qualified
professional, to the satisfaction of CLOCA.
(2) The Owner agrees to carry out the work according to all the report and
technical studies approved by CLOCA as part of this application;
(3) That all recommendations contained within the `Phase 1 - Environmental
Impact Study' completed by Stantec, dated December 16, 2022, including
all updates and/or addendum documents be incorporated into the design
of the development including the submission of a comprehensive
restoration planting plan for any encroachments within the vegetation
protection zones to ensure a net environmental gain, to the satisfaction of
CLOCA. Any grading encroachments within the hazards or their
associated buffers will be subject to restoration and enhancements works
to the satisfaction of CLOCA;
(4) That all works within Block 165 (including the plantings and stormwater
outfall installation) associated with the subdivision, be completed as part
of the first phase of registration;
(5) That Open Space Block 165 be conveyed to the Municipality of Clarington,
free and clear of all encumbrances;
(6) That the Owner shall agree within the Subdivision Agreement to erect a
permanent fence between the boundary of Block 168 and residential lands
to prevent any direct entry of landowners/occupants from private lands
into the valley corridor. Any associated development agreement shall
include provisions to prohibit private gates being installed through this
fence, to the satisfaction of CLOCA and the Municipality;
(7) That prior to any grading, site alteration, construction or final approval of
the plan or any phase of the plan, the Owner shall obtain all required
permits from the CLOCA pursuant to the requirements of the Ontario
Regulation 42/06 of the Conservation Authorities Act;
Page 111
(8) That this plan be subject to red -line revision to the satisfaction of the
CLOCA and the Municipality of Clarington to address the resolution of
detailed design grading as may be identified during the course of the
continued review of the application and/or at the detailed design stage of
plan review, to accommodate the requirements of CLOCA and other
approval agencies with respect to the size of the stormwater management
pond block and the extent of the development limits associated with
natural heritage features and hazard lands;
(9) That the Owner satisfy all financial requirements of the Central Lake
Ontario Conservation Authority. This shall include Application Processing
Fees and Technical Review Fees owing as per the approved Authority
Fee Schedule; and,
(10) That the Subdivision Agreement between the Owner and the Municipality
of Clarington shall contain, among other matters, the following provisions:
a. The Owner agrees to carry out the works referred to in Conditions 1-9 to
the satisfaction of the Central Lake Ontario Conservation Authority;
b. The Owner agrees to address all outstanding Central Lake Ontario
Conservation Authority technical comments;
c. The Owner agrees to maintain all storm water and erosion and sediment
control structures operating and in good repair during the construction
period, in a manner satisfactory to the Central Lake Ontario Conservation
Authority;
d. The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to the commencement of grading or initiation of
any on -site works;
e. The Owner agrees to obtain the required permits pursuant to the
Conservation Authorities Act prior to any development taking place on the
site; and,
f. The Owner agrees to satisfy all financial requirements of the Central Lake
Ontario Conservation Authority.
6.3 Kawartha Pine Ridge District School Board
(1) Prior to the final approval of the draft plan, Kawartha Pine Ridge District
School Board (KPRDSB) shall be satisfied that appropriate clauses are
contained within the Subdivision Agreement registered on title as follows:
a. All offers of purchase and sale shall contain a statement advising
prospective purchaser(s) that accommodation within a public school in the
community is not guaranteed. Attendance at schools yet to be constructed
in the area is also not guaranteed. Students may be accommodated in
temporary facilities; including but not limited to accommodation in a
portable classroom, a "holding school", or in an alternate school within or
outside of the community.
Page 112
b. All offers of purchase and sale shall include a statement advising
prospective purchasers that if school buses are required within the
development in accordance with Kawartha Pine Ridge District School
Board Transportation policies, as may be amended from time to time,
school bus pick up points will generally be located on the through street at
a location as determined by the Student Transportation Services of
Central Ontario; and that additional pick-up points will not be located
within the subdivision until major construction activity has been completed.
c. That the Owner(s) shall agree to provide a pedestrian walkway or
dedicated pedestrian use only area throughout the proposed subdivision
to accommodate and promote safe walking routes. To clear this condition,
KPRDSB staff will require a copy of the proposed plan and details for the
pedestrian route prior to entering into the Subdivision Agreement. Any
Subdivision Agreement shall reflect these proposed plans and details.
d. The Owner shall supply, erect and maintain signs at all major entrances
into the new development advising prospective purchases that pupils may
be directed to schools outside of the area. The Owner will make these
signs to the specification of the Kawartha Pine Ridge District School Board
and erect them prior to the issuance of building permits.
e. The developer agrees that, should the development be phased, a copy of
the phasing plan must be submitted prior to final approval to the Kawartha
Pine Ridge District School Board. The phasing plan will indicate the
sequence of development, the land area, the number of lots and blocks
and units for each phase.
6.4 Ministry of Culture, Tourism and Sport
(1) No demolition, grading or other soil disturbances shall take place on the
lands prior to a Stage 4 Archaeological Assessment being undertaken and
the Ministry of Culture, Tourism and Sport confirming that potential
adverse impact to the archaeological resources have been addressed
through measures such as preservation, resource removal, licensing and
resource conservation requirements.
6.5 Canada Post Corporation
(1) The Owner covenants and agrees to provide the Municipality of Clarington
with evidence that satisfactory arrangements, financial and otherwise,
have been made with Canada Post Corporation for the installation of
Lockbox Assemblies as required by Canada Post Corporation and as
shown on the approved engineering design drawings/Draft Plan, at the
time of sidewalk and/or curb installation. The Owner further covenants and
agrees to provide notice to prospective purchasers of the locations of
Lockbox Assemblies and that home/business mail delivery will be
provided via Lockbox Assemblies or Mailroom.
Page 113
(2) The Owner shall satisfy the following requirements of Canada Post
Corporation and the Municipality with respect to the provision of mail
delivery to the Subdivision Lands and the provision of community mailbox
locations, as follows:
a. The Owner shall advise Canada Post as to the excavation date for the
first foundation/first phase as well as the date development work is
scheduled to begin.
b. If applicable, the Owner shall ensure that any street facing installs have
a pressed curb or curb cut.
C. The Owner shall advise Canada Post as to the expected first occupancy
date and ensure the site is accessible to Canada Post 24 hours a day.
d. The Owner will consult with Canada Post and the Municipality to
determine suitable permanent locations for the Community Mail Boxes.
The Owner will then indicate these locations on the appropriate
servicing plans.
e. The Owner agrees, prior to offering any units for sale, to display a map
on the wall of the sales office in a place readily accessible to potential
homeowners that indicates the location of all Community Mail Boxes
within the development, as approved by Canada Post.
The Owner will provide a suitable and safe temporary site for a
Community Mail Boxes upon approval of the Municipality (that is
levelled with appropriate sized patio stones and free of tripping
hazards), until curbs, sidewalks and final grading are completed at the
permanent locations. Canada Post will provide mail delivery to new
residents as soon as the homes or units are occupied.
g. Owner agrees to provide the following for each Community Mail Boxes
and to include these requirements on the appropriate servicing plans (if
applicable):
i) Any required walkway across the boulevard, per municipal
standards; and
ii) Any required curb depressions for wheelchair access, with an
opening of at least two meters (consult Canada Post for detailed
specifications).
6.6 Utilities
(1) The Owner shall coordinate the preparation of an overall utility distribution
plan that allows for the safe installation of all utilities including the
separation between utilities to the satisfaction of the Director of Planning
and Infrastructure Services.
(2) All utilities will be installed within the proposed road allowances. Where
this is not possible, easements will be provided at no cost to the utility
provider. Proposed easements are not permitted on lands owned by the
Municipality unless it can be demonstrated that there is no other
alternative. Such easements must not impede the long term use of the
lands and will be at the discretion of the Director of Planning and
Infrastructure Services.
Page 114
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed
underground for both primary and secondary services.
Part 7 — Standard Notices and Warnings
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all
Lots informing the purchaser of all applicable development charges in
accordance with subsection 58(4) of the Development Charges Act, 1997, S.O.
1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3
of the Municipality's standard subdivision agreement in Agreements of Purchase
and Sale for all Lots or Blocks.
7.3 At the time of the preparation of the subdivision agreement additional warning
clauses will be prepared including but not limited to the Noise Report, nearby
farm operations, the neighbourhood park, catchbasins, sump pump and backflow
valve, chain link fencing, privacy fencing and future road extensions. If the Owner
has already entered into Agreements of Purchase and Sale for any Lots or
Blocks those Agreements of Purchase and Sale shall be updated.
Part 8 - Clearance
8.1 Prior to final approval of the plan for registration, the Municipality's Director of
Planning and Infrastructure Services shall be advised in writing by,
a. the Region of Durham how Conditions 6.1 (1 to 12) have been satisfied
b. the Central Lake Ontario Conservation Authority, how Conditions 6.2 (1 to
10) have been satisfied;
C. Kawartha Pine Ridge District School Board, how Condition 6.3(1) has
been satisfied;
d. The Ministry of Culture, Tourism and Sport, how Condition 6.4(1) and
e. Canada Post Corporation, how Conditions 6.5(1 and 2) have been
satisfied.
Part 9 — Notes to Draft Approval
9.1 Terms used in these conditions that are not otherwise defined have the
meanings given to them in the Municipality's standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn
at any time prior to final approval.
9.3 If final approval is not given to this plan within three (3) years of the draft
approval date, and no extensions have been granted, draft approval shall lapse
and the file shall be closed. Extensions may be granted provided valid reason is
given and is submitted to the Director of Planning and Infrastructure Services for
the Municipality of Clarington well in advance of the lapsing date.
P a g 115
9.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
a. Durham Regional Planning Department, 605 Rossland Road East, P.O.
Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721.
b. Central Lake Ontario Conservation Authority, 100 Whiting Avenue,
Oshawa, Ontario LIH 3T3 (905) 579-0411.
C. Kawartha Pine Ridge District School Board, 1994 Fisher Drive,
Peterborough, Ontario K9J 6X6 (705) 742-9773.
d. Ministry Culture, Tourism and Sport, 900 Bay Street, 9th Floor, Toronto
ON M7A 2E1 (416) 326-9326
e. Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor,
Scarborough ON, M1 P 5A1 (416) 262-7408.
Page 116
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!' R0ADN10EN1r'a TOTAL AREA S.F. RESIDENTIAL 5.72 ha
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MEDIUM DENSITY RESIDENTIAL BLOCK# UNITS AREA
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� :t 6.1m STREET TOWNHOUSES 152-160 45 0.93
'IIRr REGIONAL CORRIDOR BLOCKS 161-162 303 4.24
- / TOTAL UNITS /AREA MDR 348 5.17 ha
HER LA S ^ TOTAL UNITS / AREA RESIDENTIAL 520 10.89 ha
OWNED B ..µhi'.,.
APPLICANT ---- LAND USE BLOCKS BLOCK # AREA(ha)
- - -= PARK 163 1.64
WALKWAY 164 0.04
_ �R ,- OPEN SPACE 165 14.42
FLIT DEVELOPMENT 166 0.03
ROAD WIDENING 167-169 1.01
F III � TOTAL AREA 17.14 ha
ROADS LENGTH(m) AREA(ha)
s
15.0 m R.O.W. 70 0.12
18.0 m R.O.W. 216 0.39
20.0 m R.O. W. 856 1.76
23.0 mR.O.W. 609 1.41
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N ,� � TOTAL LENGTH I AREA 1751 3.68 ha
TOTAL AREA OF SUBMISSION 31.711
� ---� ---., � � � � I�� ' � ADDITIONAL INFORMATION UNDER THE PLANNING ACT
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OWNER'S CERTIFICATE SURVEYOR'S CERTIFICATE
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THE REGISTERED OWNERS OFTHE I HEREBY CERTIFY THAT THE BOUNDARIES
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TLNNAN HEREBY AUTHOR PLAN OFATIONS LAND IP TO TH ADJACENT
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FOR APPROVAL.
PLAN RELATIONSHIP TO THEADJAGENT WJOS ARE
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1 I r \ RIBUTE (KING STREET) LIMITED THIS P J.D. BA NE I E
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SCALE 1:2000 AT ORIGINAL SIZE
OFF SITE POND LOCATION
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Drawn JT Designer B.J. Client: TRIBUTE
p Drafting Check Design Check .
C REVISED SUBMISSION H.T. B.J. B.J. 06/23
Approved Date NOVEMBER 2022 Project Name:
B REVISED SUBMISSION J.T. B.J. B.J. 10/21 GHD Inc. TRIBUTE - KING STREET
Conditions of use.
A ORIGINAL SUBMISSION J.T. B.J. B.J. 06/21 This document may only be used by GHD's dart(and any other person who GHD Project No: Drawing No:
Job Preject has agreed can use this document) for the purpose for which it was prepared and 11208864 D P-1 A No Revision Note:' Indicates slgnetures on original Issue of Brewing or last reWslon of drawllp Drawn Manager Director Date must not be used by any other person or for any other purpose.
Plot Date: 13June2023-1:57PM Ploeed by: Holly Templeton -Belli Cad Flle No: G:16e2\112088641DIgaal_DeslgnWCAD 2017\Planning\HERITAGE-KING STREET\11208864-Tribute-King-DP2-2023_08_12_DRAFT _rswwr.dwg
Attachment 3
Report PDS-046-23
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 2023-xx
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 ZBA-2023-XX;
Now therefore the Council of the Municipality of Clarington enacts as follows:
Section 14.6. "Special Exceptions — Urban Residential Type Three (R3) Zone" is
amended by introducing a new Subsection 14.6.73 as follows:
"Section 14.6.73 "Special Exceptions — Urban Residential Type Three (R3-73)
Zone"
Notwithstanding Section 3.16e(vi) and (vii), Sections 12.1 a. and b., 12.2 a. i) and
ii), b. i) and ii), c. i) and ii), d. ii) and iii), f. i) and ii) and h. and Sections 14.1 a.
and b. and 14.3 a. i) and ii), b. i) and ii), c. ii), iii) and iiii) e., f, and g., no person
shall use any land or erect or use any building or structure in an R3-73 zone for
any purpose unless the provisions of this Section and the applicable provisions
not amended by the R3-73 zone are satisfied:
a. Permitted Uses
i) Single Detached Dwelling
ii) Semi -Detached Dwelling
iii) Street Townhouse Dwelling
b. Regulations for single detached and semi-detached dwellings
i) Lot Area (Minimum)
a) Single detached Dwelling 245 square metres
b) Semi-detached Dwelling 450 square metres
ii) Lot Frontage (Minimum)
a) Single detached Dwelling
i. Interior Lot 9 metres
ii. Exterior Lot 12 metres
b) Semi detached Dwelling
i. Interior Lot 15 metres
ii. Exterior Lot 18 metres
iii) Yard Requirements (Minimum)
a) Exterior Side Yard
i. Single detached Dwelling 3 metres
ii. Semi-detached Dwelling 3 metres
b) Interior Side Yard
i. Single detached Dwelling 1.2 metres on one
side and 0.6 metres
on the other side
ii. Semi-detached Dwelling 1.2 metres on
one side only
iv) Lot Coverage (Maximum)
a) Single detached Dwelling 50 percent for the dwelling,
55 percent for all buildings
and structures
b) Semi detached Dwelling 50 percent for the dwelling,
55 percent for all buildings
and structures
v) Building Height (Maximum) 12 metres
vi) Parking Space Requirements (Minimum)
a) Single detached Dwelling 2 parking spaces
per dwelling
b) Semi detached Dwelling 2 parking spaces
per dwelling
vii) Height of floor deck of unenclosed porch above finished grade
(maximum) 1.5 metres
viii) A covered and unenclosed porch/balcony having no habitable
space above it shall be permitted subject to the following:
a) In the case of an interior lot, an unenclosed porch/balcony
up to a maximum area of 12.0 square metres shall be
c
permitted provided it is located in the front yard of the lot and
shall not be calculated as lot coverage;
b) In the case of an exterior lot, an unenclosed porch/balcony
up to a maximum of 20.0 square metres shall be permitted
provided it is located in the front and/or exterior side yard of
the lot and shall not be calculated as lot coverage.
ix) All garage doors shall not be located any closer to the street line
than the dwellings first floor front wall or exterior side wall or
covered porch projection.
x) The minimum setback to a sight triangle shall be 1.0m metre. In
addition, unenclosed porches, steps, patios, ramps, landscape
entrance features, attached or directly abutting the principal or main
building; either above or below grade; may project into any required
yard to a distance no closer than 0.5 meters to a sight triangle.
xi) Steps may project into the required front or exterior side yards, but
in no instance shall the distance to the front lot line or exterior side
lot line be below 1.0 metre.
Regulations for street townhouse dwellings:
i) Lot Area (Minimum) 150 square metres
ii) Lot Frontage (Minimum)
a) Interior Lot 6 metres
b) Exterior Lot 9 metres
iv)
Yard Requirements (Minimum)
a) Front Yard 6 metres to private garage
and 4.5 metres to the dwelling
b) Interior Side Yard 1.2 metres,
nil where building has a common wall
c) Exterior Side Yard 3 metres
d) Rear Yard 6.0 metres
Lot Coverage (Maximum)
55 percent for the dwelling,
60 percent for all buildings and structures
v) Landscape Open Space (Minimum)
a) Lot 25 percent
b) Front Yard 50 percent must be
soft landscaping
vi) Building Height (Maximum) 12 metres
vii) A maximum driveway width of 3 metres shall be permitted.
viii) Height of floor deck of unenclosed porch above finished grade
(maximum) 1.5 metre.
ix) A covered and unenclosed porch/balcony having no habitable floor
space above it shall be permitted subject to the following;
a) In the case of an interior lot, an unenclosed porch/balcony
up to a maximum area of 10.0 square metres shall be
permitted, provided it is located in the front yard of the lot
and shall not be calculated as lot coverage.
b) In the case of an exterior lot, an unenclosed porch/balcony
up to a maximum area of 15.0 square metres shall be
permitted, provided it is located in the front and/or exterior
side yard of the lot and shall not be calculated as lot
coverage.
x) All garage doors shall not be located any closer to the street line
than the dwellings first floor front wall or exterior side wall or
covered porch projection.
xi) The minimum setback to a sight triangle shall be 1.0m metre. In
addition, unenclosed porches, steps, patios, ramps, landscape
entrance features, attached or directly abutting the principal or main
building; either above or below grade; may project into any required
yard to a distance no closer than 0.5 meters to a sight triangle.
xii) Steps may project into the required front or exterior side yards, but
in no instance shall the distance to the front lot line or exterior side
lot line be below 1.0 metre.
2. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Agricultural (A) Zone" to "Environmental Protection (EP) Zone"
"Agricultural (A) Zone" to "Holding — Urban Residential Exception ((H)(R3-73)"
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 the passing hereof, subject to the
provisions of Section 34 and Section 36 of the Planning Act.
Passed in Open Council this 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.
BLOOR STREET
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Zoning Change From 'A' To 'EP'
Zoning Change From 'A' To 'R3-73'
Zoning To Remain 'A'
Zoning To Remain 'EP'
N
Courtice • ZBA 2021-0017 • Schedule 4
Attachment 4
Report PDS-046-23
Department/Agency
Comments Received
Summary of Comments
Durham Region Planning
Yes
No objection to the Draft Plan
Department and Public Works
approval subject to conditions
Central Lake Ontario Conservation
Yes
No objection to the Draft Plan
Authority
approval subject to conditions
Kawartha Pineridge District School
Yes
No objection to the Draft Plan
Board
approval subject to conditions
PVNC District Catholic School
No
Board
French Public Board: Conseil
Yes
No objection
Scolaire Viamonde
French Catholic Board: Conseil
No
Scolaire Catholique Mon
Avenir (formerly Conseil
Scolaire Catholique Centre-Sud)
Bell Canada
Yes
No objection to Draft Plan
approval subject to conditions
Enbridge Gas
Yes
No objection to Draft Plan
approval subject to conditions
Rogers
Yes
No objection to Draft Plan
approval subject to conditions
Hydro One
Yes
No objection
Page 11
Department/Agency
Comments Received
Summary of Comments
Canada Post
Yes
No objection to Draft Plan
approval subject to conditions
Engineering Division
Yes
No objection to Draft Plan
approval subject to conditions
Clarington Emergency Services
Yes
No objection
Building Division
Yes
No objection
Accessibility Committee
Yes
No objection
Community Planning
Yes
No objection
Durham Regional Police Service
Communications
Yes
No objection
Page 12