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Report To: Planning and Development Committee
Date of Meeting: October 2, 2017
Report Number: PSD-067-17 Resolution Number:
File Number: COPA2016-0004 & ZBA2016-0024 By-law Number:
Report Subject: Applications by High Street Courtice Inc. to amend the Clarington
Official Plan and Zoning By-law to permit a 464 unit residential
development along Courtice Main Street
Recommendations:
1.That Report PSD-067-17 be received;
2.That Amendment No. 113 to the Courtice Main Street Secondary Plan as contained in
Attachment 1 of Report PSD-067-17 be adopted;
3.That the application to amend the Zoning By-law submitted by High Street Courtice be
approved and that the Zoning By-law contained in Attachment 2 to Report PSD-067-17 be
passed;
4.That the Darlington Boulevard access be permitted on a temporary basis until such time
as traffic signals are installed on Highway 2;
5.That once 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 in phases if necessary;
6.That the Director of Engineering Services be authorized to negotiate lease arrangements
with High Street Courtice Inc. for a sales pavilion on the lands identified as “Proposed
Municipal Parking Lot” on Figure 1 and report back to Council;
7.That Planning Services Department be authorized to undertake a Master Block Plan for
the remaining parcels on the east side of Darlington Boulevard;
8.That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-067-17 and Council’s
decision; and
9.That all interested parties listed in Report PSD-067-17 and any delegations be advised of
Council’s decision.
#PD-180-17
#PD-182-17
Municipality of Clarington
Report PSD-067-17 Page 2
Report Overview
This report recommends approval of the proposed applications by High Street Courtice Inc. to
amend the Courtice Main Street Secondary Plan and Zoning By-law to permit a multi-unit
residential development on the south side of Highway 2, east of Darlington Boulevard in
Courtice.
The proposed amendments provide for apartment buildings and townhouses on a private lane
system, yielding 459 units and 5 single detached dwellings on Darlington Boulevard, for a total
of 464 units.
1. Application Details
1.1. Owner/Applicant: High Street Courtice Inc.
1.2. Agent: Weston Consulting
1.3. Proposal: Application to amend the Clarington Official Plan and
Courtice Main Street Secondary Plan:
To permit townhouse development (up to three storeys) on lands
designated Low Density Urban Residential; and
To allow a reduction in the minimum height required by the Mid-
Rise High Density Residential designation from six storeys to two
storeys to allow limited townhouse development.
Application to Amend the Zoning By-law:
To permit a multi-unit residential development containing a total
of 464 dwelling units:
Building 1: 126 apartment units (ten (10) storeys)
Building 2: 102 apartment units (nine (9) storeys)
Building 3: 151 apartment units (nine (9) storeys)
Townhouses: 80 units (up to three (3) storeys)
Single Detached Dwellings: five (5) units (up to three (3) storeys)
1.4. Area: 10.11 ha
1.5. Location: Part of Lot 34, Concession 2, former Township of Darlington,
11, 13 and 15 Darlington Boulevard and 1475 - 1495 Highway 2
1.6. Roll Numbers: 1817 010 070 03690; 1817 010 070 04325;
1817 010 070 05300; 1817 010 070 05200;
and 1817 010 070 05400
1.7. Within Built Boundary: Yes
Municipality of Clarington
Report PSD-067-17 Page 3
2. Background
2.1 The subject applications and supporting studies have been under review since late
November 2016. The following is a chronology of the applications:
Activity Date
Applications Deemed Complete November 28, 2016
Public Information Centre hosted by Applicant January 11, 2017
Statutory Public Meeting held by Council January 30, 2017
Clarington-initiated Neighbourhood Traffic Study March-May, 2017
Neighbourhood Session hosted by residents March 30, 2017
Site Plan Application for Sales Trailer Received April 7, 2017
2nd Submission for OPA/ZBA Received June 5, 2017
Revised Application Received to include 11 Darlington
Boulevard, increase height of Building 3, increase unit yield
August 22, 2017
Statutory Public Meeting held by Council for Revised Application September 11, 2017
2.2 A key map reflecting the latest draft site plan is included in this report as Figure 1 on the
following page.
2.3 The following studies were submitted in support of the applications and circulated for
comments. They have been updated where necessary to address comments following
the first public meeting and to include 11 Darlington Boulevard. A detailed analysis of the
supporting documents is provided in Section 7 of this report:
Planning Justification Report;
Functional Servicing/Stormwater Management Report;
Environmental Impact Study;
Hydrogeological Report;
Soil Investigation;
Geotechnical/Slope Stability Reports;
Traffic Study;
Urban Design Report;
Noise Impact Study;
Stage 1 Archaeological Assessment; and
Phase 1 Environmental Site Assessment.
Municipality of Clarington
Report PSD-067-17 Page 4
Figure 1: Area of Development
Municipality of Clarington
Report PSD-067-17 Page 5
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are currently vacant, except for 3 single detached dwellings located at
11, 13 and 15 Darlington Boulevard. These will be demolished to facilitate the
development. The subject site has the Farewell Creek and valley system traversing the
lands in a southwesterly direction on the east side of the site. The site has regenerated
over time.
A Regional Easement (nine meters wide) and sanitary trunk sewer crosses the site, while
stormwater from Highway 2 currently crosses the site and must be accommodated in the
development of the subject lands. (See Figure 1).
3.2 The surrounding uses are as follows:
North: Single detached residential lots along Cherry Blossom Crescent; existing
commercial and institutional uses along Highway 2 corridor.
South: Farewell Creek valleylands and single detached residential units along
Darlington Boulevard.
East: Tooley’s Mill Park and Farewell Creek valleylands; single detached residential
lots along White Cliffe Drive and White Cliffe Court.
West: Single detached dwellings along Darlington Boulevard and Foxhunt Trail; existing
commercial and retail uses along Highway 2 corridor.
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement identifies urban 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 proposed applications are consistent with the Provincial Policy Statement.
Municipality of Clarington
Report PSD-067-17 Page 6
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. As
implemented by the Regional Official Plan, a minimum of 32 percent of all residential
development occurring annually within Clarington shall be within the built up area.
The proposed applications conform to the objectives of the Growth Plan.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands as a Regional Corridor.
Highway 2 is a Type B Arterial Road and also functions as a transit spine. The Farewell
Creek and valley system is identified as part of the Natural Heritage system.
Living Areas shall be developed in a compact form through higher densities and by
intensifying and redeveloping existing areas, particularly along arterial roads and develop
with particular consideration for supporting and providing access to public transit.
Regional Corridors are targeted for higher densities and mixed uses, supporting higher
order transit services and pedestrian oriented development. Regional Corridors support
an overall, long-term density target of at least 60 residential units per gross hectare and a
floor-space index of 2.5.
By 2015, and each year thereafter, 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 Durham Regional Official Plan requires
a minimum intensification target of 32 percent for lands within the built boundary in
Clarington.
Transit Spines facilitate inter-regional and inter-municipal transit services along arterial
roads (GO Transit) and intersect with local transit services (Durham Regional Transit).
Development along Transit Spines shall provide for complimentary higher densities and
mixed uses in accordance with the Regional Corridor policies.
Since the site is along Highway 2, noise impacts from the arterial road must be mitigated
in accordance with Ministry of Environment and Climate Change guidelines.
The proposed applications conform to the Durham Regional Official Plan.
Municipality of Clarington
Report PSD-067-17 Page 7
5.2 Clarington Official Plan
The lands are predominantly within a Regional Corridor. The lots fronting Darlington
Boulevard are residential and internal to the neighbourhood. 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.
Within the Corridor, mixed use building and apartments are permitted with a height
between three and 12 storeys, and minimum net density of 85 units per hectare.
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.
Internal to neighbourhoods, buildings shall have a height between one and three storeys
and have a minimum net density of 13 units per hectare. Ground-related units, including
limited townhouse development is permitted.
Multiple vehicular accesses shall generally be provided to townhouse and apartment
blocks. Each condominium corporation shall have direct street frontage and direct
vehicular access.
Where lands are within 120 metres of a natural heritage or hydrologic feature, an
Environmental Impact Study is required. Revised environmental policies require a
minimum 15 metre setback to a valley or woodland.
A trail is identified along the Farewell Creek Valley.
5.3 Courtice Main Street Secondary Plan
The lands within the Courtice Main Street Secondary Plan area are designated as Mid-
Rise High Density requiring buildings to be a minimum of six storeys and a maximum of
ten storeys.
The Secondary Plan also identifies a trail system and a network of private lanes to be
considered during the review of the applications.
The Secondary Plan provides detailed urban design policies to ensure street oriented
buildings and an attractive streetscape along the Courtice Main Street. Development
must meet the needs of pedestrians, cyclists and transit users as well as automobiles.
Views and connections to natural heritage features shall be preserved and enhanced.
The proposed amendment to the Courtice Main Street Secondary Plan would allow for
limited townhouse development in the Mid-Rise High Density Designation. The
development otherwise conforms to the Courtice Main Street Secondary Plan.
Municipality of Clarington
Report PSD-067-17 Page 8
6. Zoning By-law
Zoning By-law 84-63 has several zones (see Figure 2) applicable to the site as follows:
The R1 Zone permits single detached and semi-detached dwellings.
The R4-30 Zone permits 177 apartment units in a six and eight storey building as
well as six townhouse units.
The R4-7 Zone permits up to 333 apartment units in four, 12-storey apartment
buildings and up to 1100 square metres of limited commercial floor space.
A narrow strip of lands zoned C1-39 allows for various commercial uses.
The Holding (H) Symbol remains in place on the majority of the subject lands as previous
development approvals did not proceed past zoning approvals.
The recommended Zoning By-law Amendment proposes to establish amended zones
and regulations to reflect the revised development plan. The Holding provision is
recommended to continue to be used and only be removed by By-law at such time the
applicant has satisfied the Municipality of Clarington with respect to the various site plan
issues identified in this report.
Figure 2: - Zoning of Subject Lands
Municipality of Clarington
Report PSD-067-17 Page 9
7. Summary of Background Studies
7.1 Planning Justification Report & Addendum, Weston Consulting, 2016-2017
This report provided a detailed planning context of the subject lands and surrounding
neighbourhood along Highway 2. The report identifies that the land is predominantly
within a Regional Corridor in the Region’s Official Plan and within the Courtice Main
Street Secondary Plan Area, now also identified as a Regional Corridor in the Clarington
Official Plan. Previous development approvals are also described.
The report summarizes all supporting material submitted with the applications and finds
that the development proposal is consistent with the Provincial Policy Statement,
conforms to the Growth Plan and conforms to current Durham Regional Official Plan,
Clarington Official Plan and the Courtice Main Street Secondary Plan.
The development would support the vision of complete, compact community along the
Highway 2 corridor and provide a variety of housing options along Highway 2. Proposed
draft amendments were submitted by the Planning consultant, in addition to a submission
for the dedication of lands owned by the Municipality back to the developer for
development purposes.
7.2 Functional Servicing/Stormwater Management Report, D.G. Biddle & Associates,
2016-2017
The Functional Servicing/Stormwater Management report provided analysis of existing
watermain and sanitary sewer connections in the vicinity of the site. The land can be
serviced by connecting to existing water and sanitary services are available via the
900mm trunk sanitary sewer that crosses the site.
Stormwater storage for the site will be provided in underground storage tanks, with
outlets in 2 locations to Farewell Creek. One outlet will follow a similar route to the
existing stormwater outfall from Highway 2.
Stormwater quality will be addressed through oil/grit separators, bio-swales and other low
impact development techniques to CLOCAs satisfaction.
7.3 Environmental Impact Study, Niblett Environmental Associates Ltd., 2016-2017
The Environmental Impact Study (EIS) assesses impacts to the natural environment,
including vegetation communities, the valley and Farewell Creek itself. Original EIS work
dates back to 2007, while updated field work was completed in 2015-2016.
The EIS supports the proposed development limit of 6 metres from the top of bank or a
suitable setback to the dripline, whichever is greater. A compensation plan is required
due to the removal of on-site woodlands. The current compensation plan proposes
enhancement plantings within the valley adjacent to the development. The details of
compensation will be finalized at the site plan stage.
Municipality of Clarington
Report PSD-067-17 Page 10
A plant salvage plan is required to transplant the regional rare pale snapweed to the
valley.
Development cannot occur during sensitive timing windows for breeding birds (vegetation
removal) and spawning fish (in-water works).
These recommendations and several other standard mitigation measures are to be
incorporated as conditions of site plan approval.
7.4 Hydrogeological Investigation, Terraprobe, August 2016
The Hydrogeological Investigation provides an analysis of the onsite soils and
characterizes groundwater flowing through the site. The report acknowledges that the
development should maintain the pre-development water balance, maintaining infiltration
and minimizing runoff. Shallow groundwater was observed to the southeast toward
Farewell Creek.
The report does not find any limitations to development however recommends the use of
Low Impact Development techniques to provide for infiltration.
Further monitoring is required to supplement the findings of the subject report.
A permit to take water, administered by the Ministry of Environment and Climate Change,
is likely to be required. A further dewatering assessment will be a requirement prior to
development.
7.5 Soil Investigation Reports, Trow Associates Inc., July 2007
The Soil Investigation Reports from 2007 assists in informing other technical reports such
as the Hydrogeological Investigation and Slope Stability Reports. The report identifies,
through borehole testing, soil composition.
7.6 Geotechnical/Slope Stability Reports, Soil Engineers Ltd., 2015-2017
Slope Stability assessments of the site have established a long term stable slope limit, or
top-of-bank. Top-of-bank will be newly created by filling in some areas, and cutting others
to establish the development limit. Retaining walls are proposed along the valley wall and
adjacent to the future municipal parking lot. Retaining walls will be further reviewed during
the detailed design process.
7.7 Transportation Impact Study & Update, Nextrans, 2016-2017
The study assessed development access, capacity analysis, traffic infiltration, parking
rates and transportation demand management.
The report recommends that development proceed on the basis of 2 permanent access
points to Highway 2 being a full movement access to Highway 2 at Street W, and a right-
in/right-out access at Highway 2 and Street X. The report recommends the signalization
of Highway 2 and Street W.
Municipality of Clarington
Report PSD-067-17 Page 11
The final report assumes that the Darlington Boulevard Access via Street Y will not
proceed, resulting in negligible infiltration through the residential neighbourhood.
The reduction in parking rates are supported by proximity to transit and emerging
opportunities for cycling and other alternatives to car ownership.
Several adjustments to turning lanes and timing of signals are recommended and will be
subject to further discussion with the Region of Durham and Clarington staff.
7.8 Urban Design Report and update, Weston Consulting, 2016-2017
The Urban Design Report provides an overview of the site and neighbourhood context.
The urban design policies of the Courtice Main Street Secondary Plan and associated
Urban Design guidelines are analysed in detail to support the proposed built form, design
principles, landscape design and circulation plan. This study will be refined and
implemented through the site plan approval process.
7.9 Noise Impact Study, May 2017
The Noise report identifies noise mitigation techniques in the form mandatory air
conditioning for apartment units and special wall construction and window glazing for the
building along Highway 2.
The report does not identify the need for noise fencing to mitigate road noise in the
shared outdoor amenity space given projected noise levels being less than Ministry of
Environment and Climate Change guidelines.
The report also recommends warning clauses for in agreements of purchase and sale.
A generator on adjacent lands was identified as a source of noise that requires mitigation.
This will require further discussion with the applicant and may involve discussion with the
neighbouring property owner.
The noise study will require an update during the site plan stage once final grading is
established.
7.10 Archaeological Assessment, Amick Consultants, 2016-2017
A Stage Two Archaeological Assessment was completed and no archaeological
resources were found. The site is cleared from an archaeological perspective.
7.11 Environmental Site Assessment, Soil Engineers, 2016-2017
A Phase 2 Environmental Site Assessment was completed for the Highway 2 properties
and no further study is required The Highway 2 properties are cleared from a soils
contamination perspective.
A Phase 1 Environmental Site Assessment was completed for the Darlington Boulevard
properties and a Phase 2 report is required prior development. This will be a condition of
removing the Holding (H) Symbol.
Municipality of Clarington
Report PSD-067-17 Page 12
8. Public Notice and Submissions
8.1 A combined notice of the Public Information Centre and Public Meeting was mailed on
December 22, 2016. The Public Information Centre was held on January 11, 2017, while
the first Public Meeting was held on January 30, 2017. A second Public Meeting was
held on September 11, 2017 as a result of the revised applications. Details of the
application were also included in the Planning Services Department E-update. Details of
the application, including copies of supporting material and drawings were posted to the
development application page on the Municipality of Clarington website.
8.2 Notification was mailed to those within 120 metres and all those on the Interested Parties
list which is over 100 people. Public meeting signs were posted on the property and a
special page on the municipal website continues to be dedicated to the subject
development proposal and reflects the latest plan.
8.3 During the consultation period, the followings issues and concerns were raised by
residents:
Development is too dense; high density not wanted or needed; it should be located
around the GO Rail station;
Insufficient parking provided;
Traffic and access – existing concern regarding traffic using Darlington Boulevard,
Foxhunt Trail as a shortcut to Oshawa and Highway 401 via Olive Street and
Harmony Road; traffic from this development exiting Darlington Boulevard should be
forced to travel north to the signalized intersection;
Impact of access on the adjacent commercial lands;
Timing of light changes at signalized intersection; capacity of intersection;
Condition of Darlington Boulevard; lack of sidewalks;
Safety of pedestrians/children;
Impacts to property values;
Development will make area unattractive; ruin country feel;
Building height should be reduced; six or seven storeys;
Compatibility with existing development in area;
Strain on health care, schools and other social/community services;
Construction traffic;
Timing of trail or walkway to creek;
Development impacts to Farewell Creek and valley system;
Increased noise impacts from rooftop mechanical systems;
Vandalism, crime, privacy, and pollution;
The new single detached lots should have a 200 foot depth;
No temporary access to Darlington Boulevard should be provided as it will leave
open the possibility of a permanent access;
Development should be phased from north to south with an assessment of impacts
and mitigation prior to releasing subsequent phases.
Municipality of Clarington
Report PSD-067-17 Page 13
8.4 An area resident provided comments in writing requesting that the proposed lots, building
types more closely reflect the established Darlington Boulevard neighbourhood. The
resident also objects to access for the development to Darlington Boulevard on a
temporary basis which may open the door for a permanent access. A phased approach
to development is recommended to assess impacts and mitigation prior to releasing
subsequent phases. Higher densities should be focused around the Courtice GO site
where impacts on residents would be minimal.
8.5 The owner of adjacent commercial lands to the north objects to removing the access to
Darlington Boulevard. Mr. Goldman provided details of previous development approvals
during which the access was secured as a secondary access for the 2009 approval. The
landowner is concerned that without the Darlington Boulevard access, all of the traffic will
have to utilize the two Highway 2 access points and cross through the commercial parcel,
which may have a negative impact to future commercial tenants. As an alternative, it
would be acceptable to allow the temporary access to proceed until the future lane is
complete opposite the LCBO lane. Mr. Goldman also requests how phasing and
construction access will be contemplated.
8.6 The owner of the LCBO Plaza identified that the development will have a major impact on
the residents, business owners and customers. Traffic generated by 464 units and the
Darlington Boulevard access are identified as the primary concerns. The owner opines
that if a signalized access to King Street is not possible then other lands designated for
residential development should be pursued.
8.7 A more recent submission from area residents entitled “Darlington: Rural Living in the
Heart of Courtice” requested that Council consider two options:
a) That the High Street Courtice proposal be severed in its consideration so that
properties which have a Darlington Boulevard address have 200 ft in depth and that
semi-detached dwellings be developed facing the interior or that the Darlington
Boulevard; or
b) That the Council consider only the portion of the proposal which excludes the
Darlington Boulevard properties and undertake a comprehensive planning process
for the Darlington Boulevard properties.
9. Agency Comments
9.1 Central Lake Ontario Conservation Authority (CLOCA)
CLOCA is satisfied with the development limit of six metres from the redefined top of
bank, based on the analysis of long term stable slope.
Municipality of Clarington
Report PSD-067-17 Page 14
CLOCA identified several comments in a detailed comment letter from August 2017.
Many of these are technical site plan related comments however CLOCA requests that a
special condition for removing the holding symbol be included in the Zoning By-law
amendment as follows:
“Address all other standard site plan comments from the Conservation Authority,
including providing suitable:
Infiltration measures to achieve an appropriate water balance;
Water quality treatment;
Stormwater quantity controls;
Erosion Controls; and
Implementation of EIS recommendations, including any necessary addenda reports.”
9.2 Regional Planning
Regional Planning has not provided formal comments on the latest submission, however
the Region’s initial comments on the initial 442 unit proposal found that the proposed
development is consistent with the Provincial Policy Statement and conforms to the
Growth Plan. The proposal provides for high density development with a wide variety of
building forms and is consistent with the Regional Official Plan and will contribute towards
Clarington’s intensification targets.
As the Region’s plan also identifies a significant woodland and the Farewell Creek, the
supporting EIS and recommendations must be addressed to the satisfaction of CLOCA,
Clarington and Regional staff.
To mitigate noise from Highway 2, the recommendations of the Noise Impact Study will
be implemented during the site plan and condominium approvals.
Prior to final approval the Region requires clearance from the Ministry of Culture Tourism
and Sport regarding archaeological potential, and completion of a Phase Two
Environmental Site Assessment or a Record of Site Condition.
Regional Works identified many concerns with the recommendations of the Functional
Servicing Report and the Traffic Impact Study. Revisions to the site plan were
recommended to better provide for pedestrian connections to transit stops and to widen
lanes to accommodate for Regional Waste pickup.
With respect to signalization, the Region of Durham does not object to a signal at the
principle access along Highway 2, subject to an approved design (which would include
centre medians). If the signal is not warranted, the Region will follow the unwarranted
signal approval process. The Municipality will recuperate installation and operating costs
from the developer.
Municipality of Clarington
Report PSD-067-17 Page 15
10. Departmental Comments
10.1 Engineering Services
The applicant continues to address comments from Engineering Services on the original
and second submissions. Comments from Engineering Services are not impacted by the
addition of lands at 11 Darlington Boulevard, however the following items remain
outstanding:
Traffic and On-Site Parking
The applicant submitted a Transportation Impact Study in support of this development,
and a subsequent revised Study to address comments from Clarington and the Region.
Since the original Public Meeting, Engineering staff commissioned an overall
neighbourhood traffic study prepared by Paradigm. This work was completed in May
2017.
The Paradigm Report did not find any significant traffic infiltration during the course of the
study. The study did identify that Darlington Boulevard/Foxhunt Trail route is currently
functioning closer to that of a collector road versus a local road system, given the number
of residents and lack of other collector road connections in the neighbourhood.
The report recommends that traffic calming measures could be implemented along
Darlington Boulevard that the private entrance from the development be eliminated and
signalization of the full-movement access along Highway 2 at Street W be pursued.
Establishing the Development Limits
The applicant submitted a Slope Stability Assessment, Environmental Impact Study and
related studies to determine the development limit. Discussions relating to development
are to be finalized through the review of the reports by municipal staff and the
Conservation Authority.
Functional Servicing Report
The applicant submitted a Functional Servicing Report which addresses site grading and
servicing, however additional justifications on the stormwater management regime is
required to satisfy staff and CLOCA at the conceptual level. Final grading and servicing
details will be further implemented through the review of the subject applications and site
plan approval.
Reconstruction of Darlington Boulevard
Darlington Boulevard is currently built to a rural cross-section and is serviced with municipal
water and streetlights. The lots fronting on Darlington Boulevard are premature until the
Municipality has approved the expenditure of funds for the reconstruction of Darlington
Boulevard to a full urban standard including curb and gutter, storm sewers, sidewalks and
any other works deemed necessary by the Director of Engineering Services.
Municipality of Clarington
Report PSD-067-17 Page 16
The applicant will be required to co-ordinate the construction of the development with the
Municipality’s future capital project.
Phasing
Phasing of the development including the construction of access points require further
review. Consideration must be given to commencing development closest to Highway 2
initially with entrances via Highway 2 constructed with the first phase.
The Municipality will require a concept plan for the remaining residential lands between
the existing commercial site and 11 Darlington Boulevard. Lands adjacent to Darlington
Boulevard may be frozen until the concept for future phases is finalized.
Pedestrian Connectivity from Darlington Blvd. to the Farewell Creek Valley
The applicant will be responsible to provide a public pedestrian connection from
Darlington Boulevard to the Farewell Creek valley to the satisfaction of the Directors of
Engineering Services and Planning Services. A 10 metre connection was requested. This
matter is further discussed below.
10.2 Operations Department
Operations Department has no objections to the applications and acknowledges that
roads and services will be part of a future condominium. The department has provided
detailed site plan comments relating to the suitable provision of snow storage areas and
maintenance of clean roads during the construction period.
10.3 Clarington Fire and Emergency Services
Clarington Fire and Emergency Services has no objections to the applications and has
provided site plan related comments relating to fire routes, signage and fire hydrant
connections.
11. Discussion
11.1 A Neighbourhood in Transition
The area around the subject property is a residential area in transition (See Figure 3 for
overview) The large lots along Darlington Boulevard and Highway 2 were primarily
created in the late 1940s to early 1950s when this was still a rural portion of Darlington
Township. The lots were generally between 0.5 to 1 acre in size have a depth of
approximately 344 feet and were serviced with private wells and septic systems. Since
that time, a number of the lots on Highway 2 have redeveloped and services were
extended.
Municipality of Clarington
Report PSD-067-17 Page 17
On the west side of Darlington Boulevard, many of the rear portions of the properties
were severed in the late 1980s and early 1990s and continue today. In addition there has
been new lot creation on Darlington Boulevard, as well as new homes replacing smaller
homes on existing lots.
Figure 3: Prior Development Considerations
Municipality of Clarington
Report PSD-067-17 Page 18
The following applications identified on Figure 3 have been previously approved and
zoned by Council:
Wayne Bolahood - Approved July 11, 1988
333 apartment units and 1100 square metres of commercial.
Building Height – maximum12 stories.
1276467 Ontario Limited – Approved March 2, 2009
177 apartments and 6 townhouses.
Building Height – maximum 8 stories.
2117412 Ontario Limited – Approved March 19, 2005
3281 square metres commercial floor space.
In addition to the above, a site development concept for 43 Darlington Boulevard was
submitted in the consideration at the time of the 1276467 Ontario Limited application for
the redevelopment of lands, including portions of the rear yards of properties at the
southerly end of Darlington Boulevard. (These lands were part of the 1276467 Ontario
Limited holdings but severed from the larger parcel through the conveyance of land to the
Municipality for a stormwater pond and parkette.)
As Darlington Boulevard is upgraded to an urban standard and sanitary sewer services
are extended to allow for development on full municipal services, further redevelopment
of the large lots can be anticipated. This could include:
severance of rear yards facing an internal street (as noted in the development concept
noted above) similar to the west side of Darlington Boulevard where lots have been
severed with frontage on Foxhunt Trail.
consolidation of parcels and redevelopment through condominium blocks similar to the
subject development application.
In addition, there are two commercial properties that abut the south and east sides of the
Esso service station that will redevelop in the future.
11.2 Implementing the Regional Corridor
The subject lands are located along the Courtice Main Street which has been identified as
a priority area to accommodate growth. The lands have a lengthy history of development
review and approvals and the development has the potential to significantly contribute to
density and intensification targets along the principal transit spine in the community. This
project will allow for a greater diversity of housing types including bungalow townhouses,
two-three storey townhouses, rental apartments and condominium apartments.
The proposed unit yield of 464 units on a net area of approximately 4.5 hectares resulting
in net density of 103 units per hectare which complies with the Regional Official Plan and
Clarington Official Plan minimum density targets for this location. However, with a Floor
Space Index of approximately 1.2, it is well below the target Floor Space Index of 2.5.
Municipality of Clarington
Report PSD-067-17 Page 19
11.3 Integration into the Neighbourhood
According to the Clarington Official Plan, new development should respect and reinforce
the character of existing neighbourhoods, having regard to the pattern of lots, streets and
blocks, the size and configuration of lots, building types of nearby properties, the height
and scale of buildings and the setback of buildings from the street, rear and side yards.
As noted earlier, existing development along Darlington Boulevard occurred at a time
when this was a rural area outside of Oshawa. Large rural lots on private services are
not the norm for urban areas. The Official Plan promotes redevelopment for the efficient
use of serviced lands in settlement areas, particularly in priority intensification areas
along the Highway 2 corridor. Darlington Boulevard was not built as part of an urban
neighbourhood. Transformation from a rural area rather than integration is the
predominant objective.
The subject lands are located along the Courtice Main Street which has been identified as
a priority area to accommodate growth. The lands have the potential to significantly
contribute to density and intensification targets along the principal transit spine in the
community. This project will allow for a greater diversity of housing types including
bungalow townhouses, standard townhouses, rental apartments and condominium
apartments.
Notwithstanding this process of transformation to an urban character and implementation
of the high density corridor, there are opportunities to address some of the public
concerns in the immediate area of existing dwellings along Darlington Boulevard:
Lots on Darlington Boulevard will be wider than the current zoning permissions.
The proposed rezoning requires a minimum lot frontage of 18 metres rather than the
existing zoning for 15 metre wide lots. This is still quite large compared to typical new
single detached lots but not as wide as many of the neighbouring lots.
The height of the new dwelling along Darlington Boulevard and the nearby
townhouses will be limited to eight metres. The current R1 zoning along Darlington
Boulevard permits dwelling height of up to 10.5 metres, with the potential for three
storeys. The draft zoning by-law recommends limiting height to eight metres which
would permit bungalows, bungaloft-style or two storey dwellings, but would preclude
three storey dwellings along Darlington Boulevard. This height limitation would also
apply to the townhouse units closest to the existing dwellings (within 30 metres) or
abutting the new single detached lots.
Lots on Darlington Boulevard will have an increased front yard setback to 10 m
for the 5 single detached dwellings. The minimum setback in the existing R1 zone
is 4.5 metres to the dwelling. Staff have reviewed the existing front yard setbacks
along the street and recommend an increased setback of 10 metres. The proposed lot
depth is approximately 39 metres (128 ft) which can easily accommodate a suitable
building envelope with a 10 metres front yard setback and the required year yard
setback of 7.5 metres.
Municipality of Clarington
Report PSD-067-17 Page 20
One submission requested that all lots have a depth of 61 metres (200 ft). The
proposed lot depth will be less than requested in Ms. Reinant’s submission.
11.4 Mitigating Environmental impacts
Environmental impacts identified in the report from Niblett Environmental include:
Removal of a small tributary to the Farewell Creek.
Removal of vegetation above the top of bank.
Regrading lands over the top of bank.
Stormwater impacts from urbanizing the lands.
Staff, CLOCA and the applicant’s consulting team met on August 17, 2017 to work
through technical issues relating to the Environmental Impact Study and other studies
that inform the development limit along the Farewell Creek valley. Most issues are close
to resolution, however the compensation plan for loss of habitat and vegetation requires
significantly more work. The applicant may be required to compensate on lands beyond
the Farewell Creek Valley and/or pay a cash contribution, though the site plan process.
At this time, Staff and CLOCA are satisfied with the established development limit that will
form the boundary along the Farewell Creek as proposed by the applicant and the
justification submitted by Niblett. Implementation details and final implementation of the
mitigation plan will be resolved through the site plan process.
Given the subject application was submitted prior to OPA 107 coming into effect, a 6
metre setback to top-of-bank was determined to be acceptable.
The applicant is cautioned that should the remaining technical studies as identified
CLOCA may require adjustments to the site that may negatively impact unit yield.
11.5 Vehicular Access and Traffic
Traffic
The proposed development would generate 189 two way trips (35 inbound, 154
outbound) in the morning peak hour and 231 trips (154 inbound and 77 outbound) in the
afternoon peak hour. Under existing conditions, the Darlington Boulevard/Highway 2
intersection is operating at acceptable levels of service with the exception of the
eastbound left turn.
Highway 2 Signalization
It has been important for this development and the commercial development through
which it gains access to Highway 2 to have a signalized entrance. The new signals would
not only benefit the Courtice Uplands development but would assist in the further
deterioration of the Darlington Boulevard intersection as background traffic continues to
grow.
Municipality of Clarington
Report PSD-067-17 Page 21
The work undertaken by Paradigm Transportation Solutions has assisted the Region in
concluding that a signalized access will be permitted at Highway 2. Since it will not meet
the Region’s warrants for signals, it would be the Municipality’s responsibility to pay for
signalization. The Municipality will recover 100% of the costs associated with the signals
from the developer.
A Neighbourhood without a Collector Road System
The lands known as the Farewell Neighbourhood (between the Farewell Creek and
Townline Road, south of Highway 2) is one of the smallest neighbourhoods in Clarington.
It has been highly constrained by pre-urban development that occurred on Townline
Road, Highway 2 and Darlington Boulevard. Due to its relatively small size and the
constraints for through traffic, no collector road system was previously identified. Access
was determined on the basis of lots acquired by the sub divider,
Traffic Infiltration into the Neighbourhood
The Municipality’s study reviewed travel times, calculated anticipated traffic volumes and
undertook traffic counts. The conclusion was that traffic infiltration by “outsiders” to the
neighbourhood was minimal, approximately 13 to 25 vehicles in the AM peak and PM
peak hours respectively. This is one vehicle every two – five minutes and some of this
may be neighbourhood residents accessing commercial uses at the intersection of
Darlington Boulevard and Highway 2.
Paradigm notes that speeds are not excessive but the existing narrow pavement width
may give that impression
Darlington Boulevard Entrance
The residents of Darlington Boulevard have requested that no access to the site be
permitted from Darlington Boulevard because of traffic impacts. As noted in the
Paradigm Report, Darlington Boulevard and several other roads (Kingwood Drive and a
portion of Foxhunt Trail are approaching the upper end of traffic volumes anticipated on
local road. These roads function as the collector road system for the neighbourhood. The
reason for this is that there are no designated collector roads that serve the
neighbourhood and the number of residents that use it (approximately 350 homes).
The pre-existing strip residential development along Darlington Boulevard prevented all
but one access point from the east (located at the south end). Commercial development
on the north precluded access from the north with the exception of Darlington Boulevard.
Lastly the Farewell Creek prevent traffic connections to the east. This particular
neighbourhood does not have the flexibility of an urban grid street system to disperse
traffic.
The Municipality is planning to reconstruct Darlington Boulevard to an urban standard
with increased pavement width, curb and gutter and sidewalks which will greatly improve
safety and provide sanitary sewer services to the area. The Paradigm report
recommends that traffic calming measures be incorporated into the planned
reconstruction.
Municipality of Clarington
Report PSD-067-17 Page 22
The Paradigm report recommends that the Darlington Boulevard access (Street Y) be
eliminated to address traffic impacts through the neighbourhood to Olive Avenue. The
rationale is that it would create traffic levels over the range to be more characteristic of a
neighbourhood collector road and provide an unsafe condition.
The transportation consultant for the applicant notes that with the elimination of the
Darlington Boulevard access, the new traffic signals for the PM peak hour will result in a
level of Service D and a 23 second delay per vehicle.
The Official Plan encourages strong connectivity of street systems and multiple access
points that allows for traffic to disperse by providing an array of alternative routes.
Not only should the concerns of existing residents be considered but the needs and
lifestyle of future residents needs should be a factor. Requiring all traffic to access the
development via the Highway 2 entrances requires residents to traverse a commercial
development to enter or exit from their home. While most of the residents in the northerly
portion of the site will use Highway 2 as this access regardless, the southerly townhouse
residents will have to travel 400 metres (1/4 mile) through the private laneway system to
leave their residence. An access to Darlington Boulevard would provide better choice for
these future residents.
This development will have more residential units than the existing residential
neighbourhood over to Townline Road (464 versus approximately 350). The existing
neighbourhood has four access points – three on Townline Road and Darlington
Boulevard whereas the new development warrants all-way access points as outlined in
the Main Street Courtice proposal.
Improvements to Highway 2 and Darlington Boulevard through urbanization will address
some of the congestion issues at peak hours at the intersection with Highway 2. The
completion of the rear urban laneway from Darlington Boulevard to Townline Road will
also assist by providing an alternative route for commercial traffic.
In the fullness of time, when commercial properties are redeveloped around the Esso gas
station, the internal residents would also have access to Darlington Boulevard by means
of the rear laneways planned along the south limit of the commercial properties.
Eventually, access to and from the development can also occur via a shared common
rear lane opposite the LCBO access to Darlington Boulevard as identified in the
Secondary Plan.
Having regard for the potential traffic infiltration which could increase with a southerly
entrance despite the desire for more flexible transportation network, it is recommended
that there be no permanent access to Darlington Boulevard.
Municipality of Clarington
Report PSD-067-17 Page 23
Temporary Access and Construction Traffic
Due to phasing requirements, Engineering Services is prepared to permit temporary
access for the early phases of townhouse development. This will occur over a relatively
short period whereas the timetable for the construction of the apartment buildings is much
longer and the signalization of Highway 2 would not occur until later. There would also
be potential difficulty in accessing the Highway 2 entrance in the early stages of
construction.
Residents raised concerns about construction traffic using Darlington Boulevard. A final
construction traffic and phasing plan will be required through the site plan process.
Construction traffic will be required to use the Highway 2 entrance for virtually all of the
project. The only exception would be that Darlington Boulevard may be used in limited
circumstances for development of lands adjacent to Darlington Boulevard.
11.6 Prematurity of approving the Courtice Uplands in advance of a Master Block Plan
for the Lands on the East side of Darlington Boulevard
Several Darlington Boulevard residents have requested that all the properties on
Darlington Boulevard be subject to a comprehensive Master Block Plan and that the
portion of the subject development application which includes 11, 13 and 15 Darlington
Boulevard be placed on hold until such time as that Plan has been completed.
Staff do not support such a position given the current stage of this application. However.
recognizing that there will be the potential for further redevelopment as sewers are
extended, It would be very helpful however to complete such a plan prior to further
redevelopment within the Darlington Boulevard area. There are two potential areas that
would be subject to such further planning:
North of the Courtice Uplands site
This area includes the Commercial lands and the residential lands to the north of the
subject site. The proponent are provided some indication on what this could look like
through discussion with staff. It would be important to look at this area more thoroughly
due to the traffic issues surrounding the commercial development in this area, the
potential site development opportunities.
South of the Courtice Uplands site
Residential Lands south of the subject application. This includes the redevelopment
opportunities at the rear of existing properties, the municipal park block and trail
connections.
Staff recommend that this work be initiated in the 2019 work program.
Municipality of Clarington
Report PSD-067-17 Page 24
11.7 Connecting the Neighbourhood to the Farewell Creek valley and trail system
From a neighbourhood design perspective, this is large development with private roads
that has limited connectivity by public streets. Introducing a public street network is
difficult given the constraints of the site and impacts on development yield on a site that is
already zoned for development.
In the absence of public streets, Staff requested improved public linkages to the valley
system that will better connect with the rest of the neighbourhood. This is an important
objective of the Official Plan and Council’s Strategic Plan as the Municipality develops an
active transportation network of trails, bike lanes and sidewalks. The Farewell Creek trail
will be a major spine for the active transportation network.
The latest plan proposes easements to provide for public access, however, it does not
address cycling connections that would satisfy staff’s objectives. Staff have requested a
wider, more robust connection, versus simply an easement over the private sidewalk
network. This was echoed by the delegation of Mr. Boate at the September 11, 2017
meeting on behalf of Durham Region Cycling Coalition. The goal is to allow for trail users
to connect to Darlington Boulevard and the commercial areas to the north and west, and
for the residential neighbourhood to access the valley and trail system.
A wider connection, would allow for a sidewalk and/or trail connection, landscaping,
benches and other street furniture and create a better public realm versus the proposed
sidewalk connection.
After further discussion with the applicant, the ten metre corridor for a three metre multi-
use path could not be accommodated without the loss of a number units that was
unacceptable to the proponent.
Through the site process, the following concept illustrated on Figure 4 is proposed:
A three metre multi-use path would be designed within the six metre corridor from
Darlington Boulevard to the townhouse units would be designed to accommodate
three metre multi-use path to the Municipality’s standard.
A sidewalk would be built on the north side of the townhouse units for pedestrians
and cyclists would use the vehicular laneway.
A three metre multi-use path would be designed in a north-south alignment to
connect through the Play Area to the municipal park.
Municipality of Clarington
Report PSD-067-17 Page 25
Figure 4 Multi-use path connection through condominium
While this much less desirable than a continuous multi-use path on wider right-of-way,
other opportunities should then be considered in the future to connect to the municipal
park and Farewell Creek trail. (see Figure 5).
Municipality of Clarington
Report PSD-067-17 Page 26
Figure 5 – Proposed Farewell Creek Trail Network
Municipality of Clarington
Report PSD-067-17 Page 27
Public access easements would need to be secured not only for this connection but also
for a north-south pedestrian connection along Street X up to Highway 2.
11.8 On-site stormwater Servicing details to be finalized
Staff and CLOCA are satisfied with the principle of underground storage and bio-retention
areas for on site management of stormwater quality and quantity. The final design details
of infiltration areas and other stormwater management features will be confirmed at the
site plan approval stage. Adjustments to the final site plan may be required to fully
implement stormwater management for the site. This has the potential to reduce unit
yield.
Appropriate conditions for future maintenance and operation of stormwater management
elements will be included in site plan and condominium agreements. The future
condominium corporation(s) will be responsible for not only the on-site stormwater
structures but the outlets in the valley as well.
11.9 Parkland dedication will require payments-in-lieu
Municipal parkland dedication will be calculated based on the rate of 1 ha per 300 units.
The developer will be required to provide a cash payment in lieu of parkland, less any
previous contributions related to prior development approvals. Final parkland calculation
will be determined at the site plan stage however the methodology for the calculation is
as follows:
Gross Parkland requirement 1.55 ha
Less previously dedicated Parkette Block 0.20 ha
Less municipal parking lot for Tooley’s Mills Park 0.16 ha*
Less developer contribution for purchase of 71 Old Kingston Rd. 0.30 ha
Cash-in-lieu payment based on fair market value of: 0.89 ha
The final size of the municipal parking lot area to be determined as per discussion in
Section 11.2.
11.10 Request to declare municipal lands surplus and transfer to the developer
High Street Courtice is requesting that approximately 0.18 hectares of land previously
transferred to the Municipality be declared surplus and acquired for use within the
proposed development. These lands are part of the Farewell Creek valleylands. This
matter is addressed separately in report PSD-068-17.
The development of these lands is supported by the Environmental Impact Study work
and final compensation and restoration plans will require approval from CLOCA and
Planning Services staff.
11.11 Sales Pavilion on lands to be dedicated for Tooley’s Mill Park
The proponents have submitted a Site Plan application for a sales pavilion on lands to be
dedicated to the Municipality for park purposes, specifically for a parking lot for the
Tooley’s Mill Park (See Figure 6 below). While this land is currently owned by the
proponent, by the end of the site plan process these lands will be transferred to municipal
ownership.
Municipality of Clarington
Report PSD-067-17 Page 28
There may be some mutual benefit in a shared parking facility but it would encumber the
use of the site limiting the number of parking spaces. Further, the proposed site plan
provides for a different access point and there would need to be substantial regrading of
the site for the eventual municipal use.
If it is to be considered, it must be subject to appropriate terms and conditions that allow
for shared use with a firm sunset date, and to ensure no conflict when Tooley’s Mill Park
has scheduled events that will require parking.
The following outline of terms for a lease agreement are contemplated and would be
further negotiated with the Engineering Services Department:
Relocated access and approved grading/site plan to satisfaction of Director of
Engineering Services.
Lease agreement would terminate December 2019.
It is recommended that the Director of Engineering be authorized to finalize the terms of
the lease agreement for consideration by Council.
Figure 6: Proposed Sales Trailer Site Plan
Municipality of Clarington
Report PSD-067-17 Page 29
11.12 Recommended Official Plan Amendment 113
It is determined that no amendment to the Clarington Official Plan is required to permit the
27 unit townhouse component on the rear of the Darlington Boulevard lots.
Staff have provided a proposed amendment to the Mid Rise High Density Designation
policy in the Courtice Main Street Secondary Plan to allow limited townhouse
development, up to three storeys.
11.13 Recommended Zoning By-law Amendment
The proposed zoning by-law amendment will establish three zones for the site. One zone
for the five lots along Darlington Boulevard with increased front yard and side yard
setbacks of 10 metres and 1.5 respectively. An R3 exception zone would apply to the rear
of the Darlington Boulevard lots, permitting only townhouse units up to two storeys, while
an R4 Exception Zone would apply to the remaining lands and would establish provisions
for densities, unit mix, and regulations for the apartment uses and the townhouse uses.
A special rate for visitor parking has been established. The minimum requirement in the
Zoning by-law would require one space for every four units, while the recommended
Zoning By-law would require one space for every six units or 0.15 space for every unit.
This reduction is supported by the work of the Traffic consultant and staff have no
objection to the shortfall which equals a seven percent reduction in the overall parking
requirements (from 563 to 522). The applicant has agreed to look for other opportunities
to provide for additional parking through the site plan process.
Special Conditions have been added for removing the Holding (H) symbol as follows:
a) Durham Region provides clearance with respect to the Environmental Site
Assessment and Archeological Study;
b) An agreement is entered into with respect to the funding of signals on Highway 2;
c) Any necessary cross-easements to access Highway 2 and Darlington Boulevard are
created to the satisfaction of the Municipality; and
d) Central Lake Ontario Conservation Authority provides clearance with respect to
infiltration measures to achieve an appropriate water balance, water quality
treatment, stormwater quantity controls, erosion controls, implementation of
Environmental Impact Study recommendations.
12. Concurrence
Not applicable.
13. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the applications by High Street Courtice Inc. to amend the Clarington Official Plan
and Zoning By-law for a multi-unit residential development be approved.
Municipality of Clarington
Report PSD-067-17 Page 30
14. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison B.Comm LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or
ataylorscott@clarington.net
Attachments:
Attachment 1: Official Plan Amendment
Attachment 2: Zoning By Law
List of interested parties can be obtained through the Planning Services Department.
ATS/CP/av;tg
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2016\ZBA2016-0024 High Street Courtice\Staff Reports\PSD-067-17\PSD-067-17 Recommendation Report.docx
Attachment 1 to
Report PSD-067-17
Amendment Number 113
To The Municipality of Clarington Official Plan
Purpose: To amend the Clarington Official Plan and the Courtice Main
Street Secondary Plan to adjust limits of the Environmental
Protection Area, to increase the minimum density target and to
permit limited townhouse development, up to 3 storeys, in the Mid-
Rise High Density Designation.
Basis: This amendment is based on applications by High Street Courtice
Inc. to permit a multi-unit residential development, which will result
in 464 units, including apartments and townhouses, on lands south
of Durham Highway 2, and east of Darlington Boulevard, and
predominantly within the Courtice Main Street Secondary Plan
area.
Actual
Amendment: The Courtice Main Street Secondary Plan is hereby amended as
follows. New text is shown as an underline and deleted text is
shown with a strikethrough.
1. “5.4.7 Mid-Rise High Density
a) Notwithstanding Section 5.1.5, the height of any apartment
building shall be a minimum of 6 storeys and a maximum
of 10 storeys.
b) Permitted dwelling types shall include apartment buildings
and townhouses.
c) The density for all lands designated Mid-Rise High Density
Residential shall be a minimum of 100 units per net
hectare.
2. Map A2 – Land Use – Courtice Urban Area of the Clarington
Official Plan is amended as shown on Exhibit “A” to this
Amendment.
3. Map C – Secondary Plan Areas - of the Clarington Official
Plan is amended as shown on Exhibit “B” to this Amendment.
4. Map A – Land Use – of the Courtice Main Street Secondary
Plan is amended as shown on Exhibit “C” to this Amendment.
5. Map B – Urban Design Precincts – of the Courtice Main
Street Secondary Plan is amended as shown on Exhibit “D” to this
Amendment.
Attachment 1 to
Report PSD-067-17
Implementation: The provisions set forth in the Municipality of Clarington Official
Plan and the Courtice Main Street Secondary Plan, regarding the
implementation of the Plan, shall apply in regard to this
Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official
Plan and the Courtice Main Street Secondary Plan, regarding the
interpretation of the Plan, shall apply in regard to this Amendment.
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Report\Attachment 2 HSC Zoning By-law.docx
Attachment 1 to
Report PSD-067-17
Attachment 1 to
Report PSD-067-17
Attachment 1 to
Report PSD-067-17
Attachment 1 to
Report PSD-067-17
Attachment 2 to
Municipality of Clarington Report PSD-067-17
Corporation of the Municipality of Clarington
By-law Number 20___-______
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, for ZBA 2016-0024;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 2 “Definitions” is hereby amended by inserting the following definition:
“Amenity Area shall mean an area that is designed and intended primarily for the
leisure and recreation of the occupants of a building or site.”
2. Section 15.4 “Special Exceptions – Urban Residential Type Four (R4) ZONE” is
hereby amended by deleting Section 15.4.30 in its entirety and replacing with the
following:
“15.4.30 Urban Residential Exception (R4-30) ZONE
Notwithstanding 3.16 a., 3.16 d., 15.1 a., 15.2 a., 15.2 c., 15.2 g., 15.2 h., 15.2 i,
those lands zoned “R4-30” on the Schedules to this By-law shall only be used
subject to the following zone provisions:
a. Permitted Uses
i) Apartment Building
ii) Link Townhouse Dwelling
b. Density
i) minimum 100 units per net hectare
ii) maximum 125 units per net hectare
iii) The number of Link Townhouse Dwelling units shall not exceed 15%
of the total number of units within the R4-30 zone.
Page 2
c. Private Lane Width (Minimum) 6.5 metres
d. Regulations for Apartment Buildings:
i) The street façade (minimum) shall be 70% of the length of Street Line
along Highway 2 and shall have a setback between 1.7 metres and 8.5
metres
ii) Setback to R3-53 Zone (minimum) 45 metres
iii) Setback to Environmental Protection Zone (minimum) 1.5 metres
iv) Setback to Commercial Zone (minimum) 10 metres
v) Setback to a Link Townhouse unit 15 metres
vi) Maximum height 10 storeys
vii) Minimum height 9 storeys
viii) Underground Parking Structure Setbacks (minimum)
45 metres to R3-53 Zone, otherwise 1.2 metres from any property line
ix) Provisions for air intake, parking structures, and stairwells
a) Minimum 40 metres setback to R3-53 Zone, otherwise 3 metres to any
property line
b) Maximum height of air intake/exhaust 1 metre
c) Maximum height of stairwell for access to underground parking 2.5 m
x) Visitor Parking (minimum)
0.15 spaces for each apartment dwelling unit, 10% of which shall be
accessible parking spaces. In all other, respects the Parking Table
referred to in 3.16 a. shall continue to apply.
xi) Bicycle Parking (minimum) 0.5 space per
dwelling unit
A minimum of 75% of the required spaces shall be within a building or
structure.
xii) Minimum indoor amenity space 2 square metres per unit
xiii) Minimum outdoor amenity space 4 square metres per unit
e. Regulations for Link Townhouse Dwellings:
i) Front yard setback to a private street or sidewalk (minimum) 6 m
Page 3
ii) Exterior side yard setback to a private street or sidewalk (minimum) 1.2 m
iii) Minimum setback between dwellings without a common wall 2.4 m
iv) Minimum setback to residential zone 10 metres
v) Minimum setback to commercial zone 6 metres
vi) Minimum setback to EP zone 7.5 metres
vii) Minimum outdoor private amenity space per unit 30 square metres
viii) Minimum outdoor shared amenity space 4 square metres per
unit
iv) Maximum height 12 metres
3. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is
hereby amended by adding thereto, the following new Special Exception:
“14.6.53 Urban Residential Exception (R3-53) ZONE
Notwithstanding 3.16 d., 14.1 a., 14.4 a., 14.4 b., 14.4 c., 14.4 g., those lands
zoned “R3-53” on the Schedules to this By-law shall only be used subject to the
following zone provisions:
a. Permitted Uses
i) Link Townhouse Dwelling
b. Density (maximum) 45 units per hectare.
c. Regulations for townhouse dwelling units
i) Front yard dwelling setback to a private street or sidewalk (minimum) 3 m
ii) Front yard garage setback to a private street or sidewalk (minimum) 6 m
iii) Exterior side yard setback to a private street or sidewalk (minimum) 1.2 m
iv) Setback between dwellings without a common wall (minimum) 2.4 m
v) Setback to residential zone (minimum) 1.2 m
vi) Minimum outdoor private amenity space per unit 30 square metres
vii) Minimum outdoor shared amenity space 4 square metres per
unit
vii) Maximum height
Page 4
8 m for units within 30 metres of adjacent R1 or R1 Exception Zones,
otherwise the maximum height shall be 12 m
d. Private Lane Width (Minimum) 6.5 metres
4. Section 12.4 “Special Exceptions – Urban Residential Type One (R1) Zone” is
hereby amended by amended by adding thereto, the following new Special
Exception:
“12.4.98 Urban Residential Exception (R1-98) ZONE
Notwithstanding 12.1, 12.2 a., 12.2 b., 12.2 d. i), and 12.2 h., those lands zoned
“R1-98” on the Schedules to this By-law shall only be used for single detached
dwellings subject to the following zone provisions:
a. Lot Area (minimum) 700 square metres
b. Lot frontage (minimum) 18 metres
c. Yard Requirements (minimum)
i) Front Yard Setback 10 metres
ii) Side Yard Setback 1.5 metres
d. Building Height (maximum) 8 metres”
5. Section 12.4 “Special Exceptions – Urban Residential Type One (R1) Zone” is
hereby amended by amended by adding thereto, the following new Special
Exception:
“12.4.99 Urban Residential Exception (R1-99) ZONE
Notwithstanding 3.12 c., 12.1, 12.2, and 12.3, those lands zoned “R1-99” on the
Schedules to this By-law shall only be used for a public use, and a Temporary
Sales Office, subject to terms and conditions of a municipal lease agreement, and
subject to the following zone provisions:
a. Lot Area (minimum) 1500 square metres
b. Lot frontage (minimum) 50 metres
c. Yard Requirements (minimum)
i) Front Yard Setback 15 metres
ii) Interior Side Yard Setback 2.5 metres
ii) Rear Yard Setback 4 metres
d. Building height (maximum) 5 metres
Page 5
e. Floor area (maximum) 400 square metres
f. Parking Spaces (Minimum) 20
g. Loading Spaces nil
Pursuant to the requirements of Section 39 of the Planning Act, 1990, as
amended, the temporary sales office use shall cease on December 31, 2019.”
6. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from
“Urban Residential Exception (R4-7) Zone” to “Urban Residential Exception (R1-
99) Zone”
“Holding – Urban Residential Exception ((H)R4-7) Zone” to “General Commercial
Exception (C1-39) Zone”
"Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception
((H)R1-98) Zone"
"Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception
((H)R3-53) Zone"
"Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Urban
Residential Exception ((H)R3-53) Zone"
“Holding – Urban Residential Exception ((H)R4-7) Zone” to “Holding – Urban
Residential Exception ((H)R4-30) Zone”
“General Commercial Exception (C1-39) Zone” to “Holding – Urban Residential
Exception ((H)R4-30) Zone”
“Urban Residential Exception (R4-7) Zone” to “Holding – Urban Residential
Exception ((H)R4-30) Zone”
“Environmental Protection (EP) Zone” to “Holding – Urban Residential Exception
((H)R4-30) Zone”
“Urban Residential Exception (R4-7) Zone” to “General Commercial Exception (C1-
39) Zone”
“Holding – Urban Residential Exception ((H)R4-7) Zone” to “Environmental
Protection (EP) Zone” and,
“Urban Residential Exception (R4-7) Zone” to “Environmental Protection (EP)
Zone”
as illustrated on the attached Schedule ‘A’ hereto.
7. Schedule ‘A’ attached hereto shall form part of this By-law.
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8. Special provisions for removing the (H) Holding Symbol in the R4-30 and R3-53
Zone.
In addition to the general provisions of the Official Plan with respect to the removal
of the (H) Holding symbol, Council shall only enact a by-law to remove the (H)
Holding Symbol from the R4-30 and R3-53 Zone when:
a) Durham Region provides clearance with respect to the Environmental Site
Assessment and Archeological Study;
b) An agreement is entered into with respect to the funding of signals on
Durham Highway 2;
c) Any necessary cross-easements to access Durham Highway 2 and
Darlington Boulevard are created to the satisfaction of the Municipality; and
d) Central Lake Ontario Conservation Authority provides clearance with respect
to infiltration measures to achieve an appropriate water balance, water quality
treatment, stormwater quantity controls, erosion controls, implementation of
Environmental Impact Study recommendations.
9. 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 ____________, 2017
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
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