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Report
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Report To: Planning and Development Committee
Date of Meeting: December 5, 2016
Report Number: PSD-070-16 Resolution Number:
File Number: COPA2016-0002, ZBA2016-0013
& S-C-2016-0002 By-law Number:
Report Subject: Applications by 2399263 Ontario Limited (Matanda Homes) for a 21 -
unit draft plan of subdivision on Gordon Vinson Avenue and Frank
Wheeler Avenue in Courtice
Recommendations:
1.That Report PSD-070-16 be received;
2.That Amendment No. 108 to the South West Courtice Secondary Plan to permit Medium
Density Residential units as contained in Attachment 1 be adopted and the by-law
adopting the Official Plan Amendment contained in Attachment 2 to Report PSD-070-16
be passed;
3.That the application for Draft Plan of Subdivision S-C-2016-0002 submitted by 2399263
Ontario Limited be supported subject to redlined revisions and conditions as contained in
Attachment 3 to Report PSD-070-16;
4.That the Zoning By-law Amendment application submitted by 2399263 Ontario Limited be
approved as contained in Attachment 4 to Report PSD-070-16;
5.That once all conditions contained in the Official Plan and 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;
6.That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-070-16
and Council’s decision; and
7.That all interested parties listed in Report PSD-070-16 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-070-16 Page 2
Report Overview
This is a recommendation report for approval of the applications by 2399263 Ontario
Limited (Matanda Homes) to create a residential plan of subdivision. Staff recommend
approval of the proposed draft plan subject to red-lined revisions. This will result in the
development of 8 single detached dwelling units and 11 street townhouse units, for a
total of 19 units versus the original proposed 21 units.
The plan requires an amendment to the South West Courtice Secondary Plan to allow
for Medium Density residential development and an amendment to the Zoning By-law to
place these lands in appropriate zones to permit this residential development.
1. Application Details
1.1. Owner/Applicant: 2399263 Ontario Limited (Matanda Homes)
1.2. Agent: KLM Planning Partners Inc.
1.3. Proposal: Proposed Amendment to Clarington Official Plan and
Courtice South West Secondary Plan
To place lands in the medium density residential
designation.
Proposed Draft Plan of Subdivision
To create a 21 unit draft plan of subdivision consisting
of eight lots for single detached residential units and
two blocks for a total of 13 street townhouse units.
Rezoning
To rezone the lands from the existing Agricultural (A)
zone to appropriate zones that permit the proposed
residential development.
1.4. Area: 0.562 hectares
1.5. Location: 1445 Gord Vinson Avenue, Part of Lot 35, Concession 1,
Former Township of Darlington
1.6. Roll Number: 1817 020 070 03500, 1817 010 070 03578
1.7. Within Built Boundary: Yes
Municipality of Clarington
Report PSD-070-16 Page 3
2. Background
2.1 The subject applications were received and circulated for comments in late
June 2016.
Figure 1: Key Map
2.2 The location and proposal for the subject lands is shown on Figure 1. This small
infill subdivision includes a residential parcel along the original alignment of
Bloor Street in Courtice, a small block from a previously registered plan of
subdivision, and a portion of unopened road allowance that was conveyed in
May 2016.
2.3 The lands are now within the South West Courtice Secondary Plan and
designated for urban residential development. The development parcel has
frontage along Gord Vinson Avenue (formerly Bloor Street) and Frank Wheeler
Avenue with municipal services available on both frontages.
2.4 The proposal includes two street townhouse blocks fronting onto Gord Vinson
Avenue (a total of 13 units) and eight single detached lots along Frank Wheeler
Avenue.
Municipality of Clarington
Report PSD-070-16 Page 4
2.5 With the approval of the 2016 Clarington Official Plan, it is no longer necessary
for a Clarington Official Plan Amendment for the townhouse development. The
new policies allow for limited townhouse development internal to
neighbourhoods provided it is appropriate. An amendment to the South West
Courtice Secondary Plan to allow medium density development is required for
the townhouse component of the proposal.
2.6 The applicant submitted the following studies in support of the applications and
are reviewed in Section 7 of this report:
Planning Justification Report
Functional Servicing and Stormwater Management Report
Energy Conservation and Sustainability Plan
Archaeological Assessment
Phase 1 Environmental Site Assessment
These reports will be detailed in a subsequent report.
3. Land Characteristics and Surrounding Uses
Figure 2: Photo of Subject Lands
Municipality of Clarington
Report PSD-070-16 Page 5
3.1 The surrounding uses are as follows:
North - Existing semi-rural property, agricultural uses and residence
identified as a “Primary Heritage Resource”
South - Existing residential development in approved plans of
subdivision
East - Existing semi-rural property and residence
West - Existing residential development in approved plans of subdivision
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement identifies settlement areas as the focus of
growth. Land use patterns shall be based on densities and a mix of land uses that
efficiently use land, resources and infrastructure.
Opportunities for redevelopment and intensification must be promoted.
Municipalities must provide a variety of housing types and densities, and a
range of housing options that are affordable to the area residents.
Healthy and active communities should be promoted by planning public streets
to be safe, meet the needs of pedestrians, foster social interaction and facilitate
active transportation and community connectivity. Compact and diverse
developments promote active modes of transportation such as walking and
cycling.
The applications are consistent with the Provincial Policy Statement.
4.2 Provincial Growth Plan
The subject lands are within the defined Built Boundary. Population and
employment growth will be accommodated by directing a significant portion of
new growth to the built up areas through intensification and efficient use of
existing services and infrastructure. The development of complete communities is
encouraged by promoting a diverse mix of land uses, a mix of employment and
housing types, high quality public open space and easy access to local stores and
services. New transit-supportive and pedestrian-friendly developments will be
concentrated along existing and future transit routes. The Growth Plan
establishes minimum targets for residential development occurring annually within
each upper tier municipality to be within the built up area.
The applications conform to the principles of the Growth Plan.
Municipality of Clarington
Report PSD-070-16 Page 6
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands Living Area.
Lands within the Living Area designation shall be used predominantly for housing
purposes incorporating the widest possible variety of housing types, sizes, and
tenure. Living Areas shall be developed in a compact form through higher
densities and by intensifying and redeveloping existing areas.
The Durham Regional Official Plan requires a minimum intensification target of
32% for lands within the built boundary in Clarington.
The applications conform to the Durham Regional Official Plan.
5.2 Clarington Official Plan
The lands are designated Urban Residential. Urban Residential lands are
predominately intended for housing purposes. Gord Vinson Avenue and Frank
Wheeler Avenue are local streets.
The proposed subdivision falls within the Bayview neighbourhood which has a
housing target of 1250 low, 300 medium, and 125 high-density housing units, in
addition to 50 intensification units, for a total of 1,725 units by the year 2016.
The Urban Residential designation permits a density of between 10 and 30 units
per hectare, and does not identify townhouse units as the predominant built
form. The applicant requested a Clarington Official Plan Amendment to allow
Medium Density development with the introduction of townhouse units and a
development with a density of 38 units per hectare.
5.3 Clarington Official Plan as Amended by Amendment 107
On November 1, 2016, Council adopted the Official Plan Amendment 107 to
bring the Clarington Official Plan into conformity with the Regional Official Plan
and provincial policies.
The direction for neighbourhood planning differs from the previous low, medium
and high density residential framework. The amended Clarington Official Plan
establishes urban structure typologies and built form directives for Centres,
Corridors, Transportation Hubs, Waterfront Places, Edge of Neighbourhoods,
Along Arterial Roads and Internal to Neighbourhoods. The subject lands are
considered to be “Internal to Neighbourhood”. Limited townhouse units are
permitted with a maximum height of three storeys. Proposals for multi-unit
residential must consider appropriateness of the site, compatibility, provision of
suitable access points, traffic and parking impacts, massing and urban design
policies.
Municipality of Clarington
Report PSD-070-16 Page 7
5.4 South West Courtice Secondary Plan
The South West Courtice Secondary Plan currently designates the land Low
Density Residential. The proposed Amendment to the Secondary Plan would
redesignate a portion of the lands as Medium Density Designation to permit the
requested townhouse units.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. Zoning By-
law 84-63 does not have a future development zone and the Agricultural (A) Zone
is often used for that purpose on lands within the urban areas. The proposed
rezoning would place lands in residential zones that would permit single detached
and street townhouse units.
7. Summary of Background Studies
7.1 Planning Justification Report prepared by KLM Planning Partners Inc., June
2016
The report provides an analysis of the development’s conformity to Provincial,
Regional and Clarington Official Plan land use planning policies.
The Official Plan Amendment is required to place lands in a medium density
designation given built form and density. An analysis of population and housing
targets in the neighbourhood was completed and the introduction of 13 street
townhouse units is modest and appropriate.
The development was reviewed against the policies for medium density
development and was found to be suitable in size and shape to accommodate the
proposed density and built form. The development provides for adequate off-site
parking and suitable amenity space is provided in rear yards. The Official Plan
polices limit the number of townhouse units to generally not more than six attached
units. The report identifies that because there is no development across the street
and adequate on-street parking can be accommodated that the one block of seven
townhouse units is appropriate.
The report attached a draft Official Plan Amendment and a draft Zoning By-law
amendment for consideration.
The report finds that the development conforms to applicable land use planning
policies and makes use of existing infrastructure, transit and public facilities. The
development is consistent and compatible with neighbouring development and
provides a density and built form that contributes to the completion of the
neighbourhood.
Municipality of Clarington
Report PSD-070-16 Page 8
7.2 Functional Servicing and Stormwater Management Report prepared by Cole
Engineering, June 2016
The report provides an overview of site servicing, grading and stormwater
management techniques for the servicing of the lands. The report identifies that
existing neighbourhood infrastructure was sized to accommodate the development
of the subject lands, including a downstream stormwater management pond.
7.3 Energy Conservation and Sustainability Plan prepared by KLM Planning
Partners Inc., June 2016
The plan identifies preliminary measures to address energy efficiency, air and
water quality, solid waste management and enhancement of the natural
environment.
7.4 Stage 1-2 Archaeological Assessment prepared by York North
Archaeological Services Inc., May 25, 2016
The assessment did not uncover any archaeological resources on the site and no
further archaeological assessment is recommended.
7.5 Phase 1 Environmental Site Assessment prepared by GHD, May 25, 2016
The property was found to have a low risk of existing soil contamination and is
suitable for future residential development. No further soil investigation is
warranted.
8. Public Submissions
8.1 During the review of the applications, a total of six individuals contacted staff
regarding the applications. Planning staff received three written submissions via
email.
8.2 Concerns raised to date include unit mix and the introduction of townhouse
units, the lack of gas stations and commercial uses to serve area residents,
school capacity, traffic and parking and impacts from area construction sites.
8.3 The neighbouring resident to the east has raised concerns about changes to
grades post-development and potential impacts to his property.
Municipality of Clarington
Report PSD-070-16 Page 9
9. Agency Comments
9.1 Regional Municipality of Durham
Regional Planning has no objection to the applications. The applications were
found to conform to the Growth Plan, the Provincial Policy Statement and the
Durham Regional Official Plan. The proposed Official Plan Amendment is exempt
from Regional approval.
Regional Works identified that sanitary and water services are available to
accommodate these proposed lots. The development does not present any
significant Regional transportation or transit impacts.
Regional conditions were provided and included in the proposed Conditions of
Draft Approval included as Attachment 3.
9.2 Central Lake Ontario Conservation Authority
The Conservation Authority has no objections to the proposal and provided
technical comments to the applicant regarding grading and stormwater
management that must be addressed. The Conservation Authority also provided
standard conditions of approval.
9.3 Kawartha Pine Ridge District School Board
Students from this development would attend Dr. G.J. MacGillivray Public
School, Courtice Intermediate and Courtice Secondary School. Board staff
request that consideration be given to sidewalk connections and pedestrian
routes to allow safe access for students to Dr. G.J. MacGillivray.
9.4 Other Agencies
Enbridge Gas, Canada Post and Rogers have no objections to the applications.
10. Departmental Comments
10.1 Engineering Services
The applicant has submitted a Functional Servicing Report in support of this
application which addresses grading, servicing and stormwater management for
this proposed development. During the detailed design stage, the grading of the
site should eliminate proposed retaining walls along the east limit of the
development. Every effort must be made to preserve the trees along the east
boundary of the proposed development.
Municipality of Clarington
Report PSD-070-16 Page 10
The Robinson Ridge and Huntington subdivisions were developed and services
constructed anticipating development of these lands. The existing road network
on Gord Vinson Avenue can support the two townhouse blocks, and Frank
Wheeler Avenue can support eight single family dwellings without requiring any
road improvements in the area.
Additional technical considerations would be part of the detailed review of the
subdivision such as site alteration, construction traffic routes (to be limited to
Gord Vinson Avenue), service connections, road restoration and driveway
alignment to accommodate on-street parking.
A cash-in-lieu of parkland payment would be required as a condition of approval.
A former municipal road allowance is included within the limits of the draft plan of
subdivision. This unopened road allowance was conveyed subsequent to
approval of recommendations contained in the Legal Service Department Report
LGL-002-16.
10.2 Emergency and Fire Services
No concerns.
10.3 Operations Department
Operations has provided comments regarding necessary streetlighting upgrades
along Gord Vinson Avenue. The subdivision agreement would require provisions
relating to protection measures for mud tracking on municipal streets.
11. Discussion
11.1 This small infill subdivision is located along the former Bloor Street alignment
(now Gord Vinson Avenue) in a growing area of southwest Courtice. The
development is very efficient and takes advantage of existing roads and
servicing. The lots can be serviced and accessed from both Gord Vinson
Avenue and Frank Wheeler Avenue. The development has a density of 38 units
per net hectare. All housing units would contribute to intensification targets.
11.2 Staff recommends approval of the draft plan of subdivision subject to red-lined
revisions shown in Attachment 3 in the draft plan of subdivision. Instead of 13
street townhouse units, each having a minimum lot frontage of six metres, staff
recommend revisions to the draft plan of subdivision to permit 11 street
townhouse units, each having a minimum lot frontage of seven metres. The
applicant is not in support of this revision and believe the six metre frontage is
consistent with existing townhouse development in the area.
Municipality of Clarington
Report PSD-070-16 Page 11
11.3 However, while the minimum frontage for a street townhouse unit in the Urban
Residential Type Three (R3) Zone is six metres, Council supported staff’s
recommendation in 1999 to approve new street townhouse units with a minimum
lot frontage of seven metres (Refer to PD-36-99 and PD-117-99). Requiring a
minimum lot frontage of seven metres allows for driveways to be paired and
provides for additional on-street parking which the six metre units cannot
provide. See Section 11.5 for the result of applying this policy to this property.
Approval of the existing townhouse units in the area pre-date the 1999 Council
resolution.
11.4 The proposed townhouse component of the development, as red-lined revised,
satisfies the applicable criteria of the Clarington Official Plan for multi-unit
residential development, as follows:
a) The size has a suitable size and shape to accommodate the townhouse
development;
b) The proposed development is compatible with surrounding development
where there is a mix of single detached, semi-detached, street townhouse
and condominium townhouse development. The proposed 11 townhouse
units are limited and not significantly increasing the townhouse unit mix in
the neighbourhood;
c) The impact on local streets is minimized with the provision of adequate
on- street parking. Local streets were constructed to accommodate
development on the subject lands.
d) Street townhouse units shall generally not comprise more than six attached
units and shall not be located across the street from multi-unit residential
development. With the recommended red-lined revision, the draft plan
illustrates a block of five street townhouse units, and a block of six street
townhouse units. As lands to the north are development, additional review
of on-street parking availability will be reviewed. Lands on the north side
could be developed with wider units to continue to provide more
opportunities for on-street parking, or could be a private condominium
development with on-site visitor parking.
11.5 On-street parking was identified as a concern at the Public Meeting stage.
Zoning By-law 84-63 establishes minimum parking rates for differing types of
residential units. All single detached and semi-detached units are required to
have two outdoor parking spaces located in the driveway contained on the lot.
Townhouse units do not require two outdoor parking spaces but require one
parking space in the driveway, and the other space is provided in the attached
garage that must be large enough to function as a parking space. These
regulations have been in effect since 1999.
Municipality of Clarington
Report PSD-070-16 Page 12
In addition to Zoning By-law requirements, each development must
demonstrate to Engineering Services through an on-street parking plan that on-
street parking can also be accommodated at a rate of one space for every four
single detached or semi-detached units, and one for every three townhouse
units. On-street parking is not a requirement of the Zoning By-law, but is a
standard that is reviewed during the review and design stage. On-street parking
functions as additional visitor parking and limited overnight parking subject to
obtaining the appropriate municipal parking permits.
The subject draft plan of subdivision, as red-lined revised, can provide sufficient
on-street parking on the north side of Frank Wheeler Avenue and on the south
side of Gord Vinson Avenue in accordance with the rates provided above.
Increasing the unit widths from six metres to six metres results in three
additional on-street parking spaces in front of the street townhouse units (an
increase from three spaces to six).
In the interim and until lands to the north develop, there would be additional on-
street parking available on the north site of Gord Vinson Avenue.
11.6 Engineering Services and the owner of the property to the east of the subject
lands have identified grading as a concern. The applicant will be required to
demonstrate that the grading of the development can be completed in a
manner that takes into consideration transitions to new development to the
west and the existing property to the east.
11.7 It is recommended that the subject lands be placed in two urban residential
zones:
R2-65 for the single detached dwellings
R3-35 for the townhouse dwellings
The zones applied reflect current standards seen in newer subdivisions with
respect to lot coverage and setbacks are consistent with the surrounding
neighbourhood.
11.8 The Holding (H) symbol will be applied on the proposed zoning to ensure
adequate access and services are in place prior to development and will be
lifted by Council when the appropriate conditions are met.
11.9 Conditions of draft approval have been prepared based on staff and agency
comments and would be fulfilled as the subdivision application moves through
the final approval stage. The owner of the lands will be required to enter into a
subdivision agreement with the Municipality of Clarington.
Municipality of Clarington
Report PSD-070-16 Page 13
11.10 The applicant concurs with the conditions of Draft Approval, but does not
agree with the red-lined revisions shown that increases the minimum width of
street townhouse units to seven meters and reduces the unit yield by two
townhouse units as shown on the draft plan of subdivision included in
Attachment 3.
11.11 All taxes owing to the Municipality of Clarington have been paid in full.
12. Concurrence
Not applicable.
13. Conclusion
In consideration of all agency, staff and public comments, it is respectfully
recommended that the applications to permit a 21-unit draft plan of subdivision be
approved.
14. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO,
Director of Planning Services Interim CAO
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414
or ataylorscott@clarington.net
Attachments:
Attachment 1 – Proposed Official Plan Amendment No. 108
Attachment 2 – Clarington Official Plan Amendment Adopting By-law
Attachment 3 – Proposed Conditions of Draft Approval
Attachment 4 – Proposed Zoning By-law Amendment
Municipality of Clarington
Report PSD-070-16 Page 14
The following is a list of the interested parties to be notified of Council’s decision:
2399263 Ontario Limited c/o Ray Abraham
KLM Planning Partners Inc. c/o Billy Tung
Dave Bandreth
John Gilmore
Susan Young
Ashwin Balmri
John Slemko
Karolina Gardzinski
ATS/CP/df;tg
I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC Subdivision\S-C 2016\S-C-2016-0002 1445 Gord Vinson Ave\Staff Report\PSD-070-16 Matanda
Homes.docx
Municipality of Clarington Attachment 1 to Report
PSD-070-16
Amendment Number 108
To The South West Courtice Secondary Plan
Purpose: To allow Medium Density Residential development (11 street
townhouse units)
Basis: This amendment is based on the applications by 2399263 Ontario
Limited (Matanda Homes) for a draft plan of subdivision that
includes 11 street townhouse units fronting onto Gord Vinson
Drive in Courtice (COPA 2016-0002, S-C-2016-0002 and ZBA
2016-0013).
Ac tual
Amendment: The South West Courtice Secondary Plan Land Use Map (Map A)
is hereby amended as shown on Exhibit “A” to this Amendment.
Implementation: The provisions set forth in the Municipality of Clarington Official
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, regarding the interpretation of the Plan, shall apply in regard
to this Amendment.
Municipality of Clarington Attachment 2 to
Report PSD-070-16
Corporation of the Municipality of Clarington
By-law Number 2016-______
being a By-law to adopt Amendment Number 108 to the Clarington Official Plan
Whereas Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto (COPA 2016-0002);
And Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to permit the development a draft plan
of subdivision in South West Courtice Secondary Plan area;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. That Amendment Number 108 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted.
2. This By-law shall come into force and take effect on the date of the passing
hereof.
By-law passed in open session this _____ day of ____________, 2016.
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk
Page | 1
CONDITIONS OF DRAFT APPROVAL
File Number: S-C-2016-0002
Date: November 21, 2016
Part 1 - PLAN IDENTIFICATION
1.The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2016-0002 prepared by KLM Planning Partners Inc. identified
as project number P-2642, dated March 9, 2016, as redline revised, which
illustrates a total of 19 residential dwelling units, including 8 single detached
dwelling lots and 2 blocks for 11 street townhouse units.
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
http://clarington.net/documents/planning/subdivision-agreement-feb2014.pdf
2.2 All works and services must be designed and constructed in accordance with the
Municipality’s Design Guidelines and Standard Drawings.
Architectural Control
2.3 (1) The Owner shall be 100% responsible for the cost of the “Control Architect”
to review and approve all proposed models and building permits, to the
satisfaction of the Director of Planning Services.
(2) No residential units shall be offered for sale to the public on the draft plan
until such time as architectural control guidelines and the exterior
architectural design of each building has been approved by the Director of
Planning Services.
(3) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the 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 Services.
Marketing and Sales
2.4 (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 Services.
Page | 2
(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 Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning Services which includes all warning clauses/ notices
prior to any residential units being offered for sale to the public.
Site Alteration
2.5 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Engineering Services regarding the intended haulage routes,
the time and duration of the site alteration work and security relating to mud clean
up, dust control and road damage. 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.
Part 3 - FINAL PLAN REQUIREMENTS – not applicable
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:
Functional Servicing
(1) The Owner shall submit an updated Functional Servicing Report satisfactory
to the Director of Engineering Services and Central Lake Ontario
Conservation Authority.
Environmental Sustainability Plan
(2) The Owner shall submit an update of the Environmental Sustainability Plan
based on the preliminary Environmental Sustainability Plan prepared by KLM
Planning Partners Inc., dated June 2016, to the satisfaction of the Director of
Planning 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 | 3
Soils Management Plan
(3) Prior to Authorization to Commence, the Owner shall provide a Soils
Management Plan for review and approval by the Director of Engineering
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
Part 5 –SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE
SUBDIVISION AGREEMENT
Parkland
5.1 The Owner shall pay the Municipality an amount in lieu of conveying land for park
or other public recreational purposes under section 51.1 of the Planning Act,
R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents an
equivalent of 1 ha per 300 dwelling units as included in the draft plan, and shall be
based on the value of the Lands as of the day before the approval of draft Plan of
Subdivision S-C-2016-0002.
Existing Structures
5.2 The Owner shall obtain demolition permit(s) to remove all existing buildings and
structures from the Lands, unless such buildings or structures are to be preserved
for heritage purposes.
Construction Traffic
5.3 Construction traffic for the subject development shall occur via Gord Vinson
Avenue. No construction access, parking or storage will be permitted along Frank
Wheeler Avenue.
Part 6 – AGENCY CONDITIONS
6.1 Region of Durham
(1) The Owner shall submit plans showing any proposed phasing to the Region
for review and approval, if this subdivision is to be developed by more than
one registration.
(2) The Owner shall provide for the extension of such sanitary sewer and water
Page | 4
supply facilities which are external to, as well as within, the limits of this plan
that are required to service this plan. In addition, the Owner shall provide for
the extension of sanitary sewer and water supply facilities within the limits of
the plan which are required to service other developments external to this
subdivision. Such sanitary sewer and water supply facilities are to be
designed and constructed according to the standards and requirements of
the Region. All arrangements, financial and otherwise, for said extensions
are to be made to the satisfaction of the Region, and are to be completed
prior to final approval of this plan.
(3) Prior to entering into a subdivision agreement, the Region shall be satisfied
that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
(4) The Owner shall grant to the Region any easements required for provision of
Regional services for this development and these easements shall be in the
location and of such widths as determined by the Region.
(5) The Owner shall submit a letter of clearance from the Ministry of Tourism,
Culture and Sport for the Stage 1 and Stage 2 Archaeological Assessment
prepared by York North Archaeological Services Inc. (dated May 25, 2016).
(6) Prior to the finalization of this plan of subdivision, the Owner must provide a
Regional Reliance Letter and Certificate of Insurance from GHD in
accordance with the Region’s Site Contamination Protocol.
(7) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other
regional services.
6.2 Conservation Authority
(1) Prior to any on-site grading or construction or final registration of the Plan,
the Owner shall submit and obtain approval from the Municipality of
Clarington, and the Central Lake Ontario Conservation Authority for reports
describing the following:
(a) The intended means of controlling and conveying stormwater flow from
the site to an appropriate and acceptable location, including use of
stormwater techniques which are appropriate and in accordance with
the provincial guidelines.;
(b) The intended means of providing water quality treatment for the site in
accordance with provincial guidelines; and,
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(c) The means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with
the provincial guidelines. The report 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 other related works.
(2) The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
(3) 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 Condition 1 and
2 to the satisfaction of the Central Lake Ontario Conservation Authority.
(b) The Owner agrees to maintain all stormwater and erosion and sediment
control structures and measures operating and in good repair during the
construction period, in a manner satisfactory to the Central Lake Ontario
Conservation Authority.
6.3 Ministry of Culture, Tourism and Sport
(1) No demolition, grading or other soil disturbances shall take place on the
lands prior to the Ministry of Culture, Tourism and Sport confirming that
potential adverse impact to the archaeological resources identified in the
archaeological assessment prepared by York North Archaeological Services,
and dated May 25, 2016 have been addressed through measures such as
preservation, resource removal, licensing and resource conservation
requirements.
6.4 Canada Post Corporation
(1) 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.
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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.
(f) 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).
6.5 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 Engineering 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 Engineering Services.
(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.
Page | 7
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of
the Municipality’s standard subdivision agreement in Agreements of Purchase and
Sale for all Lots or Blocks.
7.3 The Owner shall include the following notices and warning clauses in Agreements
of Purchase and Sale for the Lots or Blocks to which they apply:
Nearby Farm Operations
The Owner shall include the following warning clause in agreements of purchase and
sale for all lots within the draft plan of subdivision:
“Farm Operations –There are existing farming operations nearby and
that such farming activities may give rise to noise, odours, truck traffic
and outdoor lighting resulting from normal farming practices which
may occasionally interfere with some activities of the occupants.”
Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and sale for all lots:
“Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision.”
Part 8 - CLEARANCE
8.1 Prior to final approval of the plan for registration, the Municipality’s Director of
Planning Services shall be advised in writing by,
(a) the Region of Durham how Condition 6.1 has been satisfied;
(b) the Central Lake Ontario Conservation Authority, how Condition 6.2 has been
satisfied;
(c) the Ministry of Tourism, Culture and Sport, how Condition 6.3 has been
satisfied; and,
(d) Canada Post how Condition 6.4 has been satisfied.
Part 9 - NOTES TO DRAFT APPROVAL
9.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality’s standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn at
any time prior to final approval.
Page | 8
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 Services for the Municipality of Clarington
well in advance of the lapsing date.
9.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, Ontario L1N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario LIH 3T3 (905) 579-0411.
(c) Ministry of Tourism, Culture and Sport, Ministry of Tourism Culture and Sport,
Programs and Services Branch, Culture Division, 401 Bay Street, Suite
1700,Toronto, ON M7A 0A7
(d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1P 5A1
I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC Subdivision\S-C 2016\S-C-2016-0002 1445 Gord Vinson Ave\Draft
Approved\Conditions of Draft Approval- Nov 1-16.docx
Municipality of Clarington Attachment 4 to
Report PSD-070-16
Corporation of the Municipality of Clarington
By-law Number 201_-______
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 2016-0013;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Agricultural (A) Zone" to
"Holding - Urban Residential Type Two ((H)R2-65) Zone”, and;
"Holding - Urban Residential Type Three ((H)R3-35) Zone”
as illustrated on the attached Schedule ‘A’ hereto.
2. Schedule ‘A’ attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2016
__________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk