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Report To: Planning and Development Committee
Date of Meeting: March 13, 2017
Report Number: PSD-015-17
File Number: S-C-2016-0001, ZBA 2016-0010
Resolution Number:
By-law Number:
Report Subject: Applications by Modo Bowmanville Towns Ltd., Fifty Five Clarington
Ltd. and Devon Daniell for a Draft Plan of Subdivision and Rezoning
to permit Medium Density (Townhouse) development in the
Bowmanville West Town Centre, Bowmanville
Recommendations:
1.That Report PSD-015-17 be received;
2.That the application for Draft Plan of Subdivision (S-C-2016-0001) submitted by Modo
Bowmanville Towns Ltd., Fifty Five Clarington Ltd. and Devon Daniell be supported
subject to conditions as contained in Attachment 1 to Report PSD-015-17;
3.That the Zoning By-law Amendment application (ZBA 2016-0010) submitted by Modo
Bowmanville Towns Ltd., Fifty Five Clarington Ltd. and Devon Daniell for Block 1 lands
be approved as contained in Attachment 2 to Report PSD-015-17;
4.That once Blocks 1 and 4 are consolidated into one parcel and all conditions contained in
the Official Plan 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 should Blocks 1 to 4 be subject to future applications for Common Elements
Condominium no further public meeting be required;
6.That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-015-17 and
Council’s decision; and
7.That all interested parties listed in Report PSD-015-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-015-17 Page 2
Report Overview
This is a combined public meeting and recommendation report for approval of the applications
by Modo Bowmanville Towns Ltd., Fifty Five Clarington Ltd. and Devon Daniell (Kaitlin
Corporation). The proposed draft plan of subdivision would create three blocks, 4.7 ha in total,
for medium density development having a maximum density of up to 60 units per hectare (up to
283 units). The plan also includes a block for future high density development and would provide
for the extension of Clarington Boulevard.
At this time, the recommended Zoning By-law Amendment would apply to Block 1 (76 units) only
on the north side of future Clarington Boulevard. Approval for the remaining blocks would be
recommended at a later date once the various site plan issues are resolved.
A second Public Meeting is required to provide proper notice under the Planning Act. Following
the June 6, 2016 Public Meeting it became evident that owners of units within two condominium
buildings did not receive the statutory notice of the Public Meeting.
1. Application Details
1.1 Owner/Applicant: Modo Bowmanville Towns Ltd., Fifty Five Clarington
Ltd. and Devon Daniell (Kaitlin Corporation).
1.2 Proposal: Proposed Draft Plan of Subdivision
To allow the creation of three blocks, 4.7 ha in total,
for medium density development having a
maximum density of up to 60 units per hectare (up
to 283 units); the extension of Clarington Boulevard;
a future high density block (0.41 ha); and road
widenings.
Rezoning
To rezone the lands from the existing Agricultural
(A) zone to appropriate zones that permit the
requested development.
1.3 Area of Draft Plan of Subdivision: 6.254 hectares
1.4 Location: 1535 and 1569 Green Road, located on the east
side of Green Road, south of Prince William Drive,
Bowmanville (Part of Lot 16, Concession 1, Former
Township of Darlington)
1.5 Roll Number: 817 010 020 16900; 1817 010 020 16800; and
1817 010 020 17280
1.6 Within Built Boundary: Yes
Municipality of Clarington
Report PSD-015-17 Page 3
2. Background
2.1 The subject applications were deemed complete on May 9, 2016. A Public Information
Centre was held on May 25, 2016, and a Public Meeting was held June 6, 2016.
2.2 The proposed Draft Plan of Subdivision (Figure 1) would create blocks for medium
density residential development (Blocks 1, 2 and 4). The plan also provides for the
completion of Clarington Boulevard between Green Road and its terminus just south of
Prince William Drive, and the widening of Prince William Boulevard to its ultimate width
along the frontage of the subject lands. Block 3 is a High Density block and would be
developed together with adjacent lands owned by Fifty Five Clarington Ltd. and which
lands would require rezoning and site plan approval prior to development.
2.3 Two site plan applications relating to the subject lands were also received in 2016. The
first for 76 units on the north side of Clarington Boulevard (SPA 2016-0010) on Block 1,
the second, for 103 units on the south side of future Clarington Boulevard (SPA 2016-
0030) on Block 2. Site Plan details are overlaid onto an aerial photograph shown on
Figure 2. A third application for site plan approval at 55 Clarington Boulevard and Block 3
was received February 13, 2017 and proposes two 6-storey buildings containing a total of
01 apartment units.
2.4 Detailed site plan comments for Block 1 were provided to the applicant in August 2016,
followed by a resubmission in December 2016. While site plan approval has not been
issued, Staff are in position to recommend approval of the rezoning for Block 1 only while
the site plan is finalized. A separate recommendation report will be brought forward for
Block 2 once the major site plan issues are resolved.
2.5 Rezoning and site plan approval for Blocks 3 and 4 will be withheld until development can
be coordinated together with adjoining properties.
2.6 A number of studies were submitted and circulated for comments. A summary of these
reports is included in Section 7 of this report.
Phase I Environmental Site Assessment
Functional Servicing Report
Traffic Impact Study
Noise Study
Energy Conservation and Sustainability Plan
Urban Design Plan
Archaeological Assessment
Municipality of Clarington
Report PSD-015-17 Page 4
Figure 1 – Proposed Draft Plan of Subdivision
Municipality of Clarington
Report PSD-015-17 Page 5
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are relatively flat, and predominantly vacant. Dwellings and buildings
at 1535 and 1569 Green Road are to be demolished prior to development. A line of
mature trees exist along a portion of the Green Road frontage, however no significant
environmental features are present on or near the site.
3.2 The surrounding uses are as follows:
North - Existing commercial and retail development
South - CP Railway; existing low-rise apartment buildings along Aspen Spring Drive
East - Vacant lands (future High Density site) and municipal park; existing
apartment buildings
West - Municipal park and existing single detached residential dwellings
Figure 2 – Subject lands showing initial Site Plan details
Municipality of Clarington
Report PSD-015-17 Page 6
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 subject 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. A minimum of
40 percent of all residential development occurring annually within each upper tier
municipality will be within the built up area.
The subject applications conform to the Growth Plan for the Greater Golden Horseshoe.
5. Official Plans
5.1 Durham Regional Official Plan
The subject lands are within a Regional Centre. Regional Centres provide a full array of
institutional, commercial, major retail, residential, recreational, cultural, entertainment and
major office uses. Regional Centres function as places of symbolic and physical interest
for the residents, and shall provide identity to the area municipalities within which they are
located.
Regional Centres shall support an overall, long-term density target of at least 75
residential units per gross hectare and a floor space index of 2.5. Minimum gross
densities are measured over the entire Secondary Plan area.
Municipality of Clarington
Report PSD-015-17 Page 7
Development in Regional Centres shall be based on the following principles:
Compact urban form which is transit-supportive;
Provides a mix of uses and opportunities for intensification;
Follows good urban design principles with focus on public spaces and pedestrian
connections, with parking to the rear or within buildings; and
Enhances grid connections for pedestrians and cyclists.
The development is near a Regional Transit Spine which facilitates inter-regional and
inter-municipal transit services along arterial roads (GO Transit), and intersects with local
transit services (Durham Regional Transit). Development along Transit Spines shall
provide for complimentary higher densities and mixed uses in accordance with the
Regional Corridor policies.
Green Road is identified as Type B Arterial Road and private access points are generally
spaced a minimum of 80 metres apart in Urban Areas. As the site is adjacent to an
arterial road and the railway, noise and vibration impacts must be mitigated in
accordance with Ministry of Environment guidelines.
Lands are within the Built Boundary. On an annual basis, urban areas across the Region
shall be planned to accommodate a minimum 40 percent of all residential development
occurring annually through intensification within built-up areas. The target for Clarington
is 32 percent.
The subject applications conform to the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the lands as a Town Centre.
The lands are designated Town Centre and are within Bowmanville West Town Centre
Secondary Plan area. The West Town Centre has a housing target of 1900 units,
including 1500 high density units and 400 medium density units.
The Bowmanville West Town Centre will be planned and developed as a centre of
regional significance providing the highest level of retail and service uses and are the
primary focal point of cultural, community, recreational and institutional uses in
Clarington.
Town Centres provide a mix of uses, encourage active street life, and develop in a
manner that supports transit and pedestrian connectivity. The urban design policies of the
Town Centre designation are implemented through the review and approval of
development applications.
Green Road is identified as an arterial road consistent with the Durham Regional Official
Plan.
Municipality of Clarington
Report PSD-015-17 Page 8
The subject applications conform to the Clarington Official Plan.
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 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 within an “Urban Centre”. A mix of mid- and high-rise development (between 4-
12 storeys) is permitted, with a minimum net density of 120 units per net hectare. Urban
Centres are part of Priority Intensification Areas which are the primary locations to
accommodate growth and the greatest mix of uses, heights and densities.
The site is located near the Transportation Hub being the location of existing and future
GO Transit facilities, and also in close proximity to the Regional Transit Spine (Highway
2).
The subject applications do not achieve the minimum net density of 120 units per net
hectare.
5.4 Bowmanville West Town Centre Secondary Plan
The subject lands are designated as Medium Density Residential in the Bowmanville
West Town Centre Secondary Plan. The designation allows for residential development
having a density between 31 and 60 units per hectare. Permitted dwelling types include
townhouses, stacked townhouses, and low rise apartment buildings not exceeding three
storeys in height.
In addition to the Urban Design and Town Centre policies that give direction to site plan
design, the Bowmanville West Town Centre Secondary Plan contains detailed Urban
Design policies, including an Urban Design Guideline, and policies specific to residential
buildings and site layout.
The Secondary Plan policies need to be updated to comply with the provisions of the
Clarington Official Plan as amended by OPA 107. The subject applications conform to
the Bowmanville West Town Centre Secondary Plan.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. A rezoning is required
to implement the proposed Draft Plan of Subdivision and to place the lands in appropriate
residential zones.
Municipality of Clarington
Report PSD-015-17 Page 9
7. Summary of Background Studies
7.1 Urban Design Plan
The Urban Design Plan submitted with the applications provided a design direction for
both site plan areas north and south of Clarington Boulevard. A revised Urban Design
Brief for Block 1 was submitted in early 2017. The report is generally acceptable at this
stage; recommending approval of the proposed Draft Plan of Subdivision and Rezoning;
and, satisfies the Urban Design Policies of the Clarington Official Plan and Bowmanville
West Town Centre Secondary Plan. Urban Design details will continue to be reviewed as
the site plan for Block 1 is finalized.
7.2 Functional Servicing Report
The Functional Servicing Report submitted with the applications was deemed acceptable
by Engineering Services and CLOCA. The development will connect to existing services
available in the vicinity of the development. Existing services were previously sized to
accommodate the subject development, including the Aspen Springs stormwater
management pond. The applicant has submitted detailed design drawings for final
approval and is nearing completion.
7.3 Traffic Impact Study
The Traffic Impact Study assessed current and future traffic conditions, and modelled the
new residential developments together with the completion of Clarington Boulevard. The
study did not find any capacity or design issues to be addressed as a result of the
proposed developments.
7.4 Noise and Vibration Feasibility Study
The Noise and Vibration Feasibility Study assesses both road and railway noise in
accordance with Ministry of Environment and Climate Change (MOECC) guidelines. To
mitigate noise impacts from road and rail traffic, certain units require central air
conditioning; upgraded building and glazing constructions; and possibly acoustical
fencing/berming (to be determined at the detailed design stage).
The study finds that vibration levels are below the Canadian Pacific (CP) Railway and
MOECC Guidelines, and vibration mitigation measures are not required.
An updated Noise Study, based on final grading and site design, will be required as a
condition of final approval to ensure the Subdivision and Site Plan Agreements include
appropriate conditions to mitigate noise and warning clauses.
Municipality of Clarington
Report PSD-015-17 Page 10
7.5 Energy Conservation and Sustainability Plan
The Energy Conservation and Sustainability Plan submitted with the applications
provides a high level summary of sustainable development features of the development
such as a compact built form and design for electric vehicle use. The report is generally
acceptable at this stage, and satisfies the policies of the Clarington Official Plan and
Bowmanville West Town Centre Secondary Plan. Sustainable development measures will
continue to be reviewed as the site plan for Block 1 is finalized.
7.6 Archaeological Assessment
A Stage 1 and 2 Archaeological Assessment was completed for the subject lands. The
assessment did not identify any archaeological resources or sites requiring further
assessment and no further study is required.
7.7 Phase I Environmental Site Assessment
The Phase One Environmental Site Assessment does not identify any potential for
environmental issues and no further study is required.
8. Public Submissions
8.1 A combined notice of the Public Information Centre and Public Meeting was mailed on
May 11, 2016 and details of the application were also included in the Planning Services
Department E-update.
8.2 The Public Information Centre was held May 25, 2016 at the Holy Family Elementary
School on Aspen Springs Drive in Bowmanville.
8.3 At the Public Meeting held on June 6, 2016, 3 local residents spoke in opposition and 1
resident raised concerns with the applications.
8.4 A second Notice of Public Meeting was mailed on February 20, 2017 to capture all
owners within 120 metres of the subject lands including condominium owners within two
condominium buildings that did not receive the original notice.
During the public process in 2016 it was brought to staff’s attention that some
condominium owners did not receive notice. This has been resolved internally through
the GIS program that generates mailing lists. Providing this second Public Meeting will
ensure all statutory notice requirements under the Planning Act are met.
8.5 During the public process, concerns raised related to:
Traffic, construction traffic, and intersection improvements;
Built form, density, height and design of units;
Phasing of development;
Municipality of Clarington
Report PSD-015-17 Page 11
Impacts to remaining property at southeast corner of Green Road and Prince
William Boulevard;
Privacy and overlook from terraces;
Protection and preservation of mature trees on Green Road.
Sections 11.3 to 11.6 of the report addresses the comments received.
9. Agency Comments
9.1 Regional Municipality of Durham
Regional Planning confirms that the densities generated by the development is in keeping
with the Regional Official Plan. No concerns were raised from a servicing or
transportation perspective.
The Region has provided standard conditions of to be included in the approval of the
Draft Plan of Subdivision, including those under the Region’s jurisdiction relating to site
contamination, noise impacts and archaeological potential.
9.2 Central Lake Ontario Conservation Authority
Central Lake Ontario Conservation Authority has no objection to the proposed Draft Plan
of Subdivision and Rezoning, and have forwarded standard conditions of approval.
The Conservation Authority will continue to be involved in final stormwater management
design of the subdivision and approval of the site plans.
9.3 CN Railway
CN Railway has no objections and their standard conditions of approval are included in
the approval.
9.4 Kawartha Pine Ridge District School Board
Kawartha Pine Ridge District School Board has no objections. Students would attend
Ross Tilley Public School and Clarington Central Secondary School.
9.5 Canada Post
Canada Post has no objections and has provided technical comments for consideration
during the detailed design process.
9.6 Other Agencies
Rogers and Enbridge have no objections to the application.
Municipality of Clarington
Report PSD-015-17 Page 12
10. Departmental Comments
10.1 Engineering Services
At the Public Meeting stage Engineering Services provided preliminary comments relating
to traffic; grading, drainage and stormwater management; road improvements; entrances
and phasing.
The applicant submitted a detailed engineering submission for the extension of Clarington
Boulevard which is nearing final approval. Many of the issues have been addressed
through this process and Engineering Services has no objection the approval of the Draft
Plan of Subdivision and Rezoning.
Engineering staff will continue to be involved during the detailed design of the
subdivision, and site plan approvals for each block.
10.2 Emergency and Fire Services
No concerns with the proposed plan of subdivision and rezoning.
10.3 Operations Department
No objections with the proposed plan of subdivision and rezoning.
11. Discussion
11.1 This site is located within the Bowmanville West Town Centre (BWTC). The development
would integrate well with existing and planned uses as provided for in the Bowmanville
West Town Centre Secondary Plan. The site will also function as a transition between
mid-rise high density buildings to the east and existing low density development on the
west side of Green Road.
11.2 The draft plan of subdivision proposes a density of approximately 60 units per hectare.
The site plan submitted for Block 1 proposes a total of 76 units on 1.85 hectares for a
density of 43 units per net hectare. The proposed buildings are three storeys or less,
although some units have a rooftop terrace.
11.3 Density, Built form & Urban Design
There are many factors to consider in determining the appropriate density for this site. On
one hand the Region’s Official Plan recommends a target of 75 units per hectare
measured across the Town Centre area, and the new Clarington Official Plan establishes
a minimum target of 120 units per hectare on a site by site basis. The BWTC Secondary
Plan recommends a target of between 31 and 60 units per hectare, and limits height to
three storeys. This Secondary Plan will need to be amended to bring it into conformity
with the current Regional Official Plan and newly adopted Clarington Official Plan.
Municipality of Clarington
Report PSD-015-17 Page 13
Much of the initial design and planning for the site occurred in advance of new policy
directions at the local level. However when assessing future developments across the
Town Centre, there are multiple apartment and high density sites that will be seeking
approvals in the near future. This development, and all future higher density
developments, will take advantage of intensification opportunities around the transit hub.
Although some residents expressed concern with the density, in consideration of the
overall policy regime, staff are satisfied that the density is appropriate for the subject
development, and that the proposed townhouse developments will provide a mix of
dwelling types and affordability, which are also key objectives of the Official Plan. The
current plan also functions as an appropriate transition between apartment proposals to
the east, and existing low-rise residential neighbourhood to the west.
The general site layout of Block 1 and the proposed contemporary architecture is
acceptable for the purposes of recommending approval of the Draft Plan of Subdivision
and Rezoning. Urban design details will continue to be reviewed as the site plans for the
subject lands are finalized.
11.4 Traffic and Entrances
The traffic network for the area was designed to accommodate the target densities for the
BWTC Secondary Plan area. While the public raised concerns about impacts to traffic,
Green Road is an arterial road and designed to accommodate significant amounts of
traffic. Prince William Boulevard and Clarington Boulevard are designed as collector
roads and access to the townhouse developments will be planned to avoid any potential
for conflicts. Engineering staff indicate that traffic control options at the intersection of
Clarington Boulevard and Green Road will be implemented, including a future
roundabout, currently in the forecast budget for 2018.
Prince William Boulevard will be constructed to an interim standard until the full road
widening can be acquired from 1599 Green Road at the southeast corner of Green Road
at Prince William Boulevard. There is no technical reason why the development cannot
proceed with Prince William Boulevard constructed in a phased manner.
11.5 Overlook and Privacy
Preliminary designs for units along Green Road show a mix of rooftop terraces above the
third storey, traditional and juliette balconies. The residents on the west side of Green
Road are concerned that balconies encourage overlook to the west. At this time, staff are
not recommending rezoning of lands adjacent to Green Road.
Urban design policies encourage balconies and terraces to add interest to the building
facade and to animate the street. Preliminary designs indicate that each of these units
fronting on to Green Road will have a private 2nd storey rear deck above their garage
which will provide another opportunity for outdoor amenity space. Green Road will have a
Municipality of Clarington
Report PSD-015-17 Page 14
30 metres wide road allowance in the vicinity of these units minimizing the direct impact
of potential future overlook.
11.6 Phasing of Development of Adjacent Lands
As mentioned above, Staff recommend approval of the draft plan of subdivision to create
the medium density/townhouse Blocks 1, 2 and 4, and the high density Block 3, but to
only rezone Block 1 at this time to allow the 76 townhouse units to proceed to final site
plan approval (see Figure 3).
Reverse Frontage Townhouse Traditional Townhouse
Figure 3 - Proposed Site Plan for Block 1
Municipality of Clarington
Report PSD-015-17 Page 15
The development of the lands between Prince William Boulevard and Clarington
Boulevard is complicated due to multiple ownership and restricted locations for
entrances. All entrances will be contained in Block 1. The owner of the subject lands
does not own the lands at the southeast corner of Prince William Boulevard and Green
Road (1599 Green Road). Block 1 is proposed to be designed to allow Block 4 and 1599
Green Road to develop based on extension of private roads.
Conditions of Draft Approval as provided to try to ensure comprehensive development
plan so that neither the owner of 1599 Green Road or the applicant are prejudiced from
fulfilling the development concept for the area. A condition for lifting the holding symbol
on Block 1 is that this parcel be consolidated with Block 4 and that only one condominium
corporation be registered. It would be preferable to include 1599 Green Road as well but
this does not appear to be feasible at this time since the parcel is under contract to
another party.
Applications for Block 2 are under review and a future Recommendation Report will be
prepared at a later date. Future development of these lands will require separate
rezoning, site plan and condominium applications. Servicing and access will be co-
ordinated between the townhouse and apartment developments.
11.7 Tree Removal
Residents have concerns about tree removal on the subject lands and specifically along
the east side of Green Road. The applicant will be required to submit a tree preservation
plan prior to any onsite works which will assess any trees in the development plan. There
is not a significant number of trees on the property, therefore there are limited
opportunities for protection. Some will be impacted by the alignment of Clarington
Boulevard, others will be impacted by grading.
Certain trees are also within the municipal road allowance. A tree within the road
allowance was removed in 2016 as a result of being identified as a hazard and a safety
issue in the right-of-way. Staff will continue to address tree preservation during the
detailed design.
11.8 Parkland
There are two parkettes planned for the Bowmanville West Town Centre on the south
side of Durham Highway 2, one being Prince William parkette immediately east of the
subject site. The G.B. Rickard complex is on the north side. There are also future
parklands on the north side of Stephens Road within the Bowmanville West Town Centre.
In addition, there is a neighbourhood park immediately west of the plan of subdivision on
the west side of Green Road, south of Boswell.
In light of the above, it is determined that there is no need for additional parkland and that
payment-in-lieu will be required.
Municipality of Clarington
Report PSD-015-17 Page 16
11.9 Draft Approval of Plan of Subdivision
Attachment 1 contains the Recommended Conditions of Draft Approval. Conditions of
Draft Approval include all recommended conditions from staff and agencies. The owner
provided written concurrence on the conditions.
11.10 Zoning By-Law Amendment for Block 1
Attachment 2 contains the recommended Zoning By-law Amendment for Block 1. The
Zoning By-law Amendment would place lands in a Residential Exception Zone that
permits the townhouse development and establishes regulations that would be applicable
to the individual parcels-of-tied-land. Staff will recommend approval of subsequent zoning
by-law amendments for Block 2 and Block 4 once major site plan issues are resolved.
Block 3 will be considered as part of recent applications for 55 Clarington Boulevard.
11.11 Taxes are owing to the Municipality of Clarington although the applicant has indicated
they will be paid before Planning & Development Committee. Staff will confirm by memo
in advance of the Committee meeting
12. Concurrence
Not applicable.
13. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the application for a Draft Plan of Subdivision and the application for Rezoning for
Block 1, as submitted by Kaitlin Corporation, be approved.
14. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Municipality of Clarington
Report PSD-015-17 Page 17
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 Conditions of Draft Approval
Attachment 2 – Proposed Zoning By-law Amendment for Block 1
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
I:\^Department\LDO NEW FILING SYSTEM\Application Files\SC Subdivision\S-C 2016\S-C-2016-0001 Kaitlin West Town Centre\Staff Reports\PSD-015-17.docx
Attachment 1 to
Municipality of Clarington Report PSD-015-17
Page | 1
Conditions of Draft Approval
File Number: S-C-2016-0001
Date: August 31, 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-2016-0001 prepared by D.G. Biddle & Associates Limited
identified as job number 115152, dated April 2016, which illustrates 4 blocks for
residential development, up to 412 units on 6.254 hectares, including road
widenings and the extension of Clarington Boulevard.
Revisions:
1. Add 0.3 m reserve along Green Road in front of Blocks 2 and 4
2. Place the 0.7 m strip of land south of Block 4 in a separate block so that it may be
melded with Block 4
3. Delete references to “medium density residential” and “high density residential”
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 Prior to final approval of the draft plan of subdivision, the lands must be placed in
appropriate residential zones to implement the draft approved plan of subdivision
to the satisfaction of the Director of Planning Services..
2.3 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”).
2.4 All works and services must be designed and constructed in accordance with the
Municipality’s Design Guidelines and Standard Drawings.
Page | 2
Architectural Control
2.5 (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 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
2.6 (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.
(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
2.7 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.
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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) Clarington Boulevard
3.2 The Owner shall transfer to the Municipality (for nominal consideration free and
clear of encumbrances and restrictions) the following lands and easements:
(a) Road Widenings
A 13 metre road widening across the entire frontage of Prince William
Boulevard shown as Block 5 on the draft plan.
A 5 metre road widening across the entire frontage of Green Road as
shown as Blocks 6 and 7 on the draft plan.
(b) Sight Triangles
A 5 metre x 15 metre sight triangle at the corners of the intersection of
Green Road and Clarington Boulevard and shown as Blocks 6 and 7 on
the draft plan.
(c) Reserves
0.3 metre reserves shown as Blocks_____ and _____ on the draft plan.
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:
Noise Report
(1) The Owner shall submit to the Director of Engineering Services, the Director of
Planning Services and the Region, for review and approval, an updated noise
report, based on the preliminary noise report entitled Noise and Vibration
Feasibility Study, prepared by HGC Engineering Limited, dated April 1, 2016.
(2) The Owner further agrees that future site plan applications require the
submission and implementation of detailed noise reports to assess noise
impacts from road and rail traffic to units within the site plan area. Additional
provisions and warning clauses shall be incorporated into the site plan
agreement. Future noise reports shall consider the phasing of development,
and should Block 1 develop in advance of Block 2, the Noise Consultant shall
assess noise levels in the absence of buildings on Block 2.
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Functional Servicing
(3) 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
(4) The Owner shall submit an update of the Environmental Sustainability Plan
based on the preliminary Environmental Sustainability Plan submitted with the
application April 4, 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.
Soils Management Plan
(5) 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
Phasing
5.1 The draft plan of subdivision, including the construction of Clarington Boulevard
and widening of Prince William Boulevard, shall be constructed in a single phase.
Phasing of development within the blocks shall be reviewed at the time of site plan
approval.
Lands Requiring Rezoning and Site Plan Approval
5.2 The owner shall not make an application for a building permit in respect of Blocks
1, 2, 3 and 4 until the Owner has received zoning and site plan approval from the
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Municipality under Sections 34 and 41 of the Planning Act, R.S.O. 1990, C.P.13.,
respectively.
Clarington Boulevard and Prince William Boulevard
5.3 The owner will be 100% responsible for the construction of the Clarington
Boulevard extension from the existing western terminus to Green Road to a full
urban standard. The road section will match the existing road section for
Clarington Boulevard. First submission engineering drawings for the extension
have been submitted to the Municipality and are currently under review.
Clarington Boulevard is subject to a Development Charge oversizing refund based
on the width of the travelled portion greater than 10 m.
Prince William Boulevard will also be constructed to a full urban standard across
the frontage of these lands consistent with the section of Prince William Boulevard
east of these lands at 100% cost to the applicant and to the satisfaction of the
Director of Engineering Services.
5.4 The owner agrees to construct Clarington Boulevard and Prince William Boulevard
in accordance with the Bowmanville West Town Centre Streetscape
Implementation Guidelines.
Coordination of Access Driveways
5.5 Prior to site plan approval of any Block within the plan of subdivision, an overall
access plan for Blocks 1, 2 3, and 4 shall be approved to the satisfaction of the
Director of Engineering Services. The Owner agrees that adjustment to final block
boundaries may be required prior to registration of the final plan of subdivision to
accommodate the approved entrance locations.
Reimbursement for Green Road Storm Sewer
5.6 The Owner shall reimburse the Municipality of Clarington for the installation of a
450 mm storm sewer connection (just north of the CPR tracks) in the amount of
$13,500 plus HST.
Parkland
5.7 The Owner shall make a payment-in-lieu of parkland dedication under the
Planning Act based on the value of the land that would otherwise be required to be
conveyed to the Municipality calculated on of 5% of the land area or 0.25 hectares
per 300 units, whichever is greater.
Noise Attenuation
5.8 (1) The Owner shall implement the noise attenuation measures and warning
clauses recommended in the updated noise report entitled Noise and
Vibration Feasibility Study, prepared by HGC Engineering Limited, dated
April 1, 2016.
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(2) The Owner shall not make an application for a building permit for any building
on the Lands until an acoustic engineer has certified that the plans for the
building are in accordance with the Noise Report.
Pre-servicing of Blocks
5.9 Blocks 1, 2, 3 and 4 shall be (a) pre-serviced with water, sanitary and storm
sewers, and (b) graded, seeded and maintained by the Owner to the satisfaction of
the Director of Engineering Services.
Temporary Turning Circles
5.10 Where proposed road connects to existing temporary turning circle, the Owner
shall restore all areas to municipal standards. This includes curbs, sidewalks,
asphalt, drainage, boulevard topsoil and sod, street trees and streetlighting
relocations, all to the satisfaction of the Director of Engineering Services.
Fencing
5.11 Decorative fencing must be installed along the east side of Block 1 adjacent to the
municipal park and shall be determined at the site plan approval stage to the
satisfaction of the Director of Planning Services and the Director of Engineering
Services.
5.12 The Owner agrees to install fencing on along the common property line of the
Railway in accordance with the CP Railway requirements.
5.13 The Owner agrees to install privacy fencing along the west property of Block 1 and
the north property line of Block 4 where it abuts lands external to the draft plan of
subdivision.
Existing Structures
5.14 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.
Condominium Approvals
5.15 The Municipality of Clarington prefers to see Block 1, Block 4 and 1599 Green
Road develop as a comprehensive coordinated single development. This may
require front-ending and oversizing of services on a single block or combination
of blocks. The Owner agrees that:
1. The outdoor amenity space for Blocks 1, 4 and 1599 Green Road will be
provided in one area on Block 1 or adjacent parcels on Block 1 and 4 based on
14 dwelling unit;
Page | 7
2. That utility areas, including transformers, water meters and mailboxes, to service
dwellings located Blocks 1, 4 and 1599 Green Road will be provided in an area or
areas on Block 1 and/or Block 4 and will sized and located appropriately to
accommodate the development of 14 units being constructed at 1599 Green
Road;
3. That Blocks 1 and 4 and preferably the lands at 1599 Green Road will be
registered as one condominium corporation;
4. That site plans submitted for Blocks 1 and 4 will provide all infrastructure (water,
sanitary sewer, storm water, utilities, etc.) and laneways to the limits of the
boundary with 1599 Green Road with no physical or legal impediment for the
extension of services, laneways, garbage collection or other functions; and
5. That in the event that the lands at 1599 Green Road are not incorporated into the
condominium corporation for Blocks 1 and 4, the Owner will provide all cross-
easements necessary for the development of the lands at 1599 Green Road.
Part 6 – Agency Conditions
6.1 Region of Durham
(1) The Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan
that are required to service this plan. In addition, the Owner shall provide for
the extension of sanitary sewer and water supply facilities within the limits of
the plan which are required to service other developments external to this
subdivision. Such sanitary sewer and water supply facilities are to be
designed and constructed according to the standards and requirements of
the Region. All arrangements, financial and otherwise, for said extensions
are to be made to the satisfaction of the Region, and are to be completed
prior to final approval of this plan.
(2) 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.
(3) 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.
(4) Prior to final approval, the Owner shall provide the Region of Durham a
Reliance Letter and a Certificate of Insurance for the Phase One
Environmental Site Assessment, prepared by GHD, dated September 2015
for the Region’s review and approval.
(5) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. This shall include, among other matters, the execution of a
Page | 8
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 of 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 conveying stormwater flow from the site,
including use of stormwater techniques which are appropriate and in
accordance with the provincial guidelines. and the West Side Creek
Master Drainage Plan;
(b) The intended means of providing water quality treatment for the site in
accordance with provincial guidelines and the West Side Creek Master
Drainage Plan;
(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, and
(d) Details on the types and use of Low Impact Development (LID)
measures to be implemented within the development to assist in
reducing stormwater runoff and encouraging infiltration.
(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 operation and in good repair during the
construction period, in a manner satisfactory to Central Lake Ontario
Conservation Authority; and
(c) The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to the commencing of grading or initiation of
any on-site works.
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6.3 Canadian Pacific Railway
(1) The Owner agrees to construct a berm, or combination berm and noise
attenuation fence, having extensions or returns at the ends, to be erected on
lands within the Plan of Subdivision and parallel to the railway right-of-way
with construction according to the following:
(a) Minimum total height 5.5 metres above top-of-rail;
(b) Berm minimum height 2.5 metres and side slopes not steeper than 2.5
to 1; and
(c) Fence or wall, to be constructed without openings and of a durable
material weighing not less than 20 kg per square metre (4 lbs./sq. ft.) of
surface area.
No part of the berm/noise barrier is to be constructed on railway property.
(2) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease,
and be registered on title or included in the lease for each dwelling affected
by any noise and vibration attenuation measures, advising that any berm,
fencing, or vibration isolation features implemented are not be to tampered
with or altered, and further that the Owner shall have the sole responsibility
for, and shall maintain these features.
(3) Dwellings must be constructed such that the interior noise levels meet the
criteria of the appropriate Ministry. A noise study should be carried out by a
professional noise consultant to determine what impact, if any, railway noise
would have on residents of proposed subdivisions and to recommend
mitigation measures, if required. The Railway may consider other measures
recommended by the study.
(4) Setback of dwellings from the railway right-of-way to be a minimum of 30
metres. While no dwelling should be closer to the right-of-way than the
specified setback, an unoccupied building, such as a garage, may be built
closer. The 2.5 metre high earth berm adjacent to the right-of-way must be
provided in all instances.
(5) Ground vibration transmission to be estimated through site tests. If in excess
of the acceptable levels, all dwellings within 75 metres of the nearest railway
track should be protected. The measure employed may be:
(a) Support the building on rubber pads between the foundation and the
occupied structure so that the maximum vertical natural frequency of
the structure on the pads is 12 H2;
(b) Insulate the building from the vibration originating at the railway tracks
by an intervening discontinuity or by installing adequate insulation
Page | 10
outside the building, protected from the compaction that would reduce
its effectiveness so that vibration in the building became unacceptable;
(c) Other suitable measures that will retain their effectiveness over time.
(6) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease
and in the title deed or lease of each dwelling within 300 m of the railway
right-of-way warning prospective purchasers or tenants of the existence of
the Railway’s operating right-of-way; the possibility of alterations including
the possibility that the Railway may expand its operations, which expansion
may affect the living environment of the residents notwithstanding the
inclusion of noise and vibration attenuating measures in the design of the
subdivision and individual units, and that the Railway will not be responsible
for complaints or claims arising from the use of its facilities and/or operations.
(7) The Owner shall obtain concurrence from the Railway should any proposed
alterations to the existing drainage pattern affect railway property, and be
substantiated by a drainage report to be reviewed by the Railway.
(8) The Owner shall construct and maintain a 1.83 metre high chain link security
fence along the common property line of the Railway and the development by
the Owner at his expense, and the Owner is made aware of the necessity of
including a covenant running with the lands, in all deeds, obliging the
purchasers of the land to maintain the fence in a satisfactory condition at
their expense.
(9) The Owner shall obtain approvals from the Railway should any proposed
utilities under or over railway property to serve the development prior to their
installation and be covered by the Railway’s standard agreement.
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.
Page | 11
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.
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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:
Railway, Noise and Fencing
(1) The Owner shall include the following notice (Type A) in the Agreements of
Purchase and Sale for all lots and blocks within this plan:
“Purchasers/tenants are advised that despite the inclusion of noise control
features in the design of the subdivision and individual units, noise levels
from road and rail traffic may on occasion interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Ministry of Environment and Climate Change”
(2) The Owner shall include the following notice (Type C) in the Agreements of
Purchase and Sale for all applicable units in Block 2:
“The dwelling unit located on this lot has been equipped with a central air
conditioning system which will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the noise
criteria of the Ministry of the Environment and Climate Change.”
(3) The Owner shall include the following notice (Type B) in the Agreements of
Purchase and Sale for all applicable units in Blocks 1, 2 and 4:
“This dwelling unit was fitted with a forced air heating system and the
ducting etc. sized to accommodate a central air conditioning unit. The
installation of central air conditioning by the homeowner will allow
windows and exterior doors to be kept closed, thereby achieving indoor
sound levels within the limits recommended by the Ministry of the
Environment. (Note: The location and installation of the outdoor air
conditioning device should be done so as to comply with noise criteria of
Ministry of Environment and Climate Change publication NPC-216,
Residential Air Conditioning Devices and thus minimize the noise
impacts both on and in the immediate vicinity of the subject property).”
(4) The Owner shall include the following notice (Type E) in the Agreements of
Purchase and Sale for all lots and blocks with this plan:
“The Owner shall insert a clause in all Offers of Purchase and Sale or Lease
and in the title deed or lease of each dwelling within 300 m of the railway
right-of-way, warning prospective purchasers or tenants of the existence of
the Railway’s operating right-of-way; the possibility of alterations including
the possibility that the Railway may expand its operations, which expansion
may affect the living environment of the residents notwithstanding the
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inclusion of noise and vibration attenuating measures in the design of the
subdivision and individual units, and that the Railway will not be responsible
for complaints or claims arising from the use of its facilities and/or
operations.”
(5) The Owner shall include the following notice in the Agreements of Purchase and
Sale for all applicable units in Block 2:
“Railway Fencing – The berm, fencing and/or other noise attenuation
measures on this lot have been constructed in compliance with the
recommendations of the noise and vibration attenuation report prepared by
HGC Engineering, dated April 1, 2016. These features are not to be
tampered with or altered and further that the owner of the lot shall have the
sole responsibility for the maintenance of these measures to the satisfaction
of Canadian Pacific Railway and the Municipality of Clarington.
The Owner is obligated to construct a 1.83 metre high chain link fence along
the common property line of the Railway and this lot, but it will be the
obligation of the owner of the lot to maintain the fence in a satisfactory
condition at their expense.”
(6) The Owner shall include the following warning clause in agreements of purchase
and sale for all lots and blocks within the plan:
“Purchasers and tenants are notified that despite measures to
attenuate noise caused by the adjacent railway, whistling from
oncoming trains may be heard on a regular basis. Train whistling
protocol is regulated and enforced by Transport Canada.”
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) Region of Durham how Conditions 2.3, 5.1, 5.8 (1), 6.1, and 7 have been
satisfied;
(b) Central Lake Ontario Conservation Authority, how Conditions 6.2 have been
satisfied;
(c) Canadian Pacific Railway, how Conditions 6.3 have been satisfied;
(d) Canada Post, how Conditions 6.4 have been satisfied;
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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 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) Canadian Pacific Railway, 1290 Central Parkway West, Suite 800,
Mississauga, Ontario L5C 4R3.
(d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1P 5A1
Attachment 2 to
Municipality of Clarington Report PSD-015-17
Corporation of the Municipality of Clarington
By-law Number 2017-______
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 2016-0010;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. “Section 14.6 “SPECIAL EXCEPTIONS –URBAN RESIDENTIAL TYPE THREE
(R3) ZONE” is hereby amended by adding a new “Urban Residential Exception
(R3-52) Zone” as follows:
14.6.52 URBAN RESIDENTIAL EXCEPTION (R3-52) ZONE
Notwithstanding Sections 14.1, 14.2, 14.3 and 14.4, on those lands zoned “R3-
52” on the Schedules to this By-law shall subject to the following zone provisions:
a. Permitted Residential Uses Link townhouse dwelling
b. Density (minimum) 40 units per hectare
c. Lot coverage (maximum) 50%
d. Landscaped Open Space (minimum) 30%
e. Private Street Width (minimum) 6.5 metres
f. Outdoor Amenity Space (minimum) 4.0 square metres
per unit
g. Regulations for Linked Townhouse Dwellings
i) For the purpose of establishing regulations for each Link
Townhouse Dwelling unit, the following specific regulations
shall apply as if each unit is located on a lot.
ii) Where a Link Townhouse Dwelling Lot is a through lot with
frontage on both a Public Street and a Private Street, the lot
line along the Public Street shall be deemed the Front Lot
Line.
iii) Lot Area (minimum) 130 square metres
iv) Lot Frontage on a Public or Private Street (minimum) 5 metres
v) Yard Requirements (minimum)
(a) Front or Exterior Side Yard adjacent to Public or Private Street
i. Garage 6.0 metres
ii. Dwelling 4.0 metres
iii. Porch 2.0 metres
(b) Rear Yard 7.5 metres
(c) Rear Yard adjacent to a Private Street 5.7 metres
(d) Side Yard 1.5 metres, nil where a building
has a common wall with any
building on an adjacent lot in the
same zone
vi) Building Height (maximum) 12 metres
vii) Driveway Length (minimum) 5.7 metres
h. The provisions of Section 3.1 g. (iv) continue to apply, except where they are in
conflict with the yard requirements for a porch in Section 14.6.52 g. v) (a) iii. of
this exception zone.”
2. 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
Exception ((H)R3-52) Zone" as illustrated on the attached Schedule ‘A’ hereto.
3. Schedule ‘A’ attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and Section 36 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 20___
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk