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HomeMy WebLinkAboutPSD-050-20Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 16, 2020 Report Number: PSD-050-20 Submitted By: Faye Langmaid, Acting Director of Planning and Development Reviewed By: Services Andrew C. Allison, CAO Resolution#: PD-179-20 File Number: S-C-2019-0002 & ZBA2019-0003 By-law Number: Report Subject: Draft Plan of Subdivision and Zoning By-law Amendment to permit 25 townhouse dwellings in a Common Elements Condominium, Courtice. Recommendations: 1. That Report PSD-050-20 be received; 2. That the application for a Draft Plan of Subdivision submitted by Lynstrath Developments Inc. (Esquire Homes) to permit 25 townhouse dwellings, be supported subject to the conditions contained in Attachment 1 to Report PSD-050- 20; 3. That the application to amend Zoning By-law 84-63 be approved and that the Zoning By-law Amendment in Attachment 2 to Report PSD-050-20 be passed; 4. 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; 5. That no further Public Meeting be required for the future Common Elements Condominium; 6. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD- 050-20 and Council's decision; and 7. That all interested parties listed in Report PSD-050-20 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-050-20 Report Overview Page 2 This report recommends approval of a proposed Draft Plan of Subdivision and Zoning By- law Amendment submitted by Lynstrath Developments Inc. (Esquire Homes). The applications would permit 25 townhouse units in a Common Elements Condominium. The units will be accessed by a private lane from Lawson Road. The development will have a private amenity area, water meter building and visitor parking in the common elements. 1. Application Details 1.1 Owner/Applicant: 1.2 Agent: 1.3 Proposal: 1.4 Area: 1.5 Location: 1.6 Roll Number: 1.7 Within Built Boundary: 2. Background Lynstrath Developments Inc. (Esquire Homes) The Biglieri Group Draft Plan of Subdivision The proposed Draft Plan of Subdivision would create one block that would allow for a future common elements condominium containing up to 25 townhouse units. Zonina By-law Amendment To rezone the lands from "Urban Residential Exception (R1- 17) Zone" to permit the townhouse dwelling units. 0.69 Hectares (1.7 acres) 3 Lawson Road, Courtice 181701010016610 Yes 2.1 On January 29, 2019, Lynstrath Developments Inc. (Esquire Homes) submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to permit the development of 28 townhouse dwellings. 2.2 A statutory Public Meeting was held on April 1, 2019. Comments received from the public were related to traffic, parking, and character of the area. Municipality of Clarington Page 3 Report PSD-050-20 2.3 Since the Public Meeting, the applicant revised the concept to address agency and public comments. The current submission proposes 25 townhouse dwellings. The units on the east side are 2 storeys in height shown in blue on Figure 1. The balance of the units are three storeys. The amenity space is adjacent to Lawson Road, and all units are on a private lane. Applications for Site Plan Approval and Common Elements Plan of Condominium are required in the future. Figure 1: Revised concept plan with 25 townhouse dwellings 2.4 The applicant has submitted the studies in support of the applications which are reviewed in Section 7 of this report: • Phase One Environmental Site Assessment • Planning Justification Report & Urban Design Brief • Archaeological Assessment Municipality of Clarington Page 4 Report PSD-050-20 • Traffic Impact Brief • Stormwater Management Report • Noise Impact Study 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located on the south-east corner of Townline Road and Lawson Road, Courtice. The site is currently vacant with a small wooded area, including a pond, on the southern portion of the lands. The lands are generally flat, sloping slightly to the south. 3.2 The surrounding neighbourhood consists of mainly single detached dwellings. The dwellings on Lawson Road are mainly one or one and a half storeys in height with a few two storey dwellings. The properties on the south side of Lawson Road are significantly larger, with deeper lots than found on the north side of Lawson Road. Dwellings on Townline Road are a mix of one and two storeys. The existing lots on Townline Road are significantly more varied in lot frontage and lot size. 3.3 The subject lands are located within the north-west corner of the urban boundary for Courtice. The City of Oshawa is on the west side of Townline Road with their built boundary extending north of Adelaide Avenue. 3.4 To the south-west of the subject lands, in Oshawa, a new subdivision is being developed on lands that were part of Kingsway College. The draft approved subdivision has 243 lots for single detached dwelling and one block for 73 townhouse units fronting onto Townline Road. See Figure 2. Municipality of Clarington Report PSD-050-20 Urban Boundary 1 L _ :r r_ ADELAIDE AVENUE E . -,�. cy. _.� .� • : TENT' ; - ..l� LAON Fto1 l al •5 ELDORADO AVENUE 6A WABBOKISH Ct]l]R7 i ti Single Detached Dwalli n 5 - ,i r ` Subject Lands Park Q ty G 2 _, r J 73 Townhouse 2 * Dwellings SHANKELrZOA❑ - - Kings College ru+M ti SC 2019 - 0002_ I f k 4• r-, Page 5 Figure 2: Lawson Road and surrounding neighbourhood, including subdivision currently under construction on the west side of Townline Road in Oshawa. 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement identifies settlement areas, such as the Courtice Urban Area, as the focus of growth. Planning authorities are encouraged to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreation, and open space uses. 4.2 Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. Municipalities are to provide opportunities for intensification, promote renewable energy, conservation and reduced greenhouse gas emissions. Municipality of Clarington Page 6 Report PSD-050-20 4.3 The subject applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.4 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. 4.5 The subject lands are within the defined Built Boundary and within the Urban Boundary of Courtice. Growth is to 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. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built-up area and 50 per cent after the next Official Plan review. 4.6 The subject applications conform to the Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject lands "Living Areas" within the Urban System. Living areas shall be used predominately for housing purposes and accommodate a full range of housing options at higher densities by intensifying and redeveloping existing areas, particularly along arterial roads. The development will contribute to the Region's and Municipality's intensification targets and is within proximity of a transit route. 5.2 Townline Road is identified as a Type B Arterial Road in the Region of Durham Official Plan. 5.3 The proposal conforms with the Region of Durham Official Plan. Clarington Official Plan 5.4 The Clarington Official Plan designates the lands Urban Residential and is located within the urban boundary of Courtice. The Urban Residential designation is predominately intended for housing purposes. Municipality of Clarington Page 7 Report PSD-050-20 5.5 Consistent with higher levels of government planning documents, the Clarington Official Plan supports opportunities for intensification within the existing built-up areas, while having regard for established residential neighbourhoods. The proposal for 25 townhouse units would contribute towards the Municipality's Residential Intensification Target and utilize existing public services and infrastructure. Intensification within the Built-up Areas is encouraged and is to be given priority. 5.6 Table 4-3 of the Official Plan provides the Urban Structure Typologies for specific areas of the Municipality. These areas are where growth and higher intensity -built forms are to be directed. At the edge of neighbourhoods and adjacent to Arterial Roads, ground -related units are permitted with heights between 1 and 3 storeys. Permitted uses include limited apartments, townhouses, single and semi-detached units. The subject lands shall meet a minimum net density of 19 units per hectare. The proposal is for approximately 40 units per hectare. 5.7 Any intensification or infill development in established neighbourhoods, must be designed to respect and integrate with the physical character of the surrounding context. 5.8 Environmentally sensitive features were identified on site which are protected by policy but not mapped in the Official Plan. These features are important to the natural heritage system and may be identified on a site by site basis. An Environmental Impact Study (EIS) was required to assess the sensitivity of the treed area and the pond and impact on the ability to develop the lands. An EIS was submitted with the applications and is discussed in Section 7 of this report. 5.9 Townline Road is identified as a Type B Arterial road in the Official Plan. 5.10 The proposal conforms with the Clarington Official Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands Urban Residential Exception (R1-17) which permits single and semi-detached dwellings. The proposed Zoning By-law Amendment (Attachment 2) will allow for the development of 25 townhouse units in a common elements condominium. A holding (H) symbol is placed on the zoning until the Draft Plan of Subdivision is registered and the Site Plan Agreement is finalized. 7. Summary of Background Report 7.1 The applicant has submitted several studies in support of the development applications which were circulated to various agencies and departments for comment. Staff have worked with the applicant to ensure that supporting documents addressed all applicable provincial, regional and local policy, guidelines, and standards. The submission materials were posted on the Municipality's website. Municipality of Clarington Page 8 Report PSD-050-20 Planning Justification & Urban Design Brief, The Biglieri Group 7.2 The reports identify the subject lands as an opportunity for infill development consistent with Provincial, Regional, and Local policies. 7.3 The Planning Justification Report states that the proposed development will contribute to providing appropriate density adjacent to an arterial road. The development will provide an alternative building form in the existing neighbourhood and provide a density that supports public transit. 7.4 The Urban Design Brief highlights the revised proposal, including the traditional townhouse units on the east side of the site with two storeys. The report also highlights that revised amenity space adjacent to Lawson Road which further reduces the visual impact of the development on the Lawson Road streetscape, integrating better with the existing neighbourhood. Traffic Impact Brief, Tranplan Associates Inc. 7.5 The report recognizes that the existing intersection at Adelaide Avenue and Townline Road will continue to operate poorly and the current design is not optimal based on the projected traffic levels for 2025. 7.6 The report indicates that the proposed development will have an insignificant impact on the existing conditions at the Adelaide Avenue and Townline Road intersection. The report also notes that the future extension of Adelaide Avenue, east to Trulls Road, will require the closure of Lawson Road at Townline Road, with a new cul-de-sac. A new road will be built between Lawson Road and the new Adelaide Avenue extension. This is an improvement over the current situation. Functional Servicing and Stormwater Management, John Towle Associates Limited 7.7 The report details how the proposed development can be serviced (water, sanitary and storm) from existing and new infrastructure. 7.8 The development will be serviced from existing water and sanitary services on Lawson Road. The stormwater currently sheet flows from the north-east of the property to the south-west. As part of the development, the stormwater will be captured in new underground storage tanks and discharged at a controlled rate into the stormwater sewers on Lawson Road. Municipality of Clarington Report PSD-050-20 Noise Impact Study, YCA Engineering Page 9 7.9 The report concludes that warning clauses will be required for units 1 to 16 (dual frontage units) due to the traffic noise from Townline Road. In addition, the units fronting onto Townline Road must be equipped with central air conditioning to meet the Ministry of Environment Conservation and Parks noise guidelines. 7.10 The Region of Durham requires the applicant to revise the report prior to finalizing the warning clauses as the modelling did not include the future Adelaide Avenue extension which is a Type C arterial road and is located less than 100 metres from the lands. The report must be finalized prior to final approval of the subdivision with the appropriate clauses included in the purchase and sale agreements. This is a Condition of Draft Approval. Environmental Impact Study, Dillion Consulting 7.11 The report concludes that there are no significant environmental features and no provincially or locally significant species located on the lands. 7.12 The report notes that there is an existing man-made pond. The pond was observed as dry during the spring and summer months with no sign of wetland species. 7.13 The report recognizes that 0.34 hectares of deciduous forest area will be removed in order to facilitate the development. Due the location, existing surrounding land uses and the lack of connectivity to adjacent natural features, the forest area provides limited ecological function and the removal of the trees is justified provided there is compensation to the satisfaction of the municipality and conservation authority. Archaeological Assessment Stage 1 & 2, Archeoworks Inc. 7.14 The field investigation did not identify any archeological resources on the property. A clearance letter was received from the Ministry of Tourism and Culture and Sport on December 6, 2018. Phase One Environmental Site Assessment, OHE Consultants 7.15 There is no indication of Area's of Potential Environmental Concerns on the property. A revision to the report is required in accordance with the regulations of Ontario Regulation 153/04 and a Reliance Letter provided to the Region of Durham as a Condition of Draft Approval. Should any concerns be identified, a Record of Site Condition may be required. The report and any revised conditions should they be required, will be addressed through the Site Plan Approval process. Municipality of Clarington Page 10 Report PSD-050-20 8. Public Submissions 8.1 A statutory public meeting was held on April 1, 2019. The concerns raised during the meeting and in correspondence received by staff include the following: • Proposal does not fit the existing neighbourhood in terms of proposed density (number of units), height (three storeys), unit type (townhouses) and overall character; • Concerns regarding the removal of mature trees and vegetation; • Existing traffic on Townline Road is an issue and turning movements from and onto Lawson Road are difficult and unsafe. The additional vehicles from the proposed development will make this worse. Adelaide Avenue extension should be required prior to development; • There is not enough parking for the units or visitors on the site and there is a concern that individuals will park on Lawson Road; • Emergency vehicles will not be able to access the private road; • Safety concerns as there are no sidewalks on Lawson Road; • Negative impacts to quality of life and property values; • Lack of park space for existing and future residents. 9. Agency Comments Durham Region 9.1 Durham Region Planning, Works and Transportation Departments have no objections to the proposal. The proposal is consistent with Provincial Policy and Regional Planning Policy. The Region provided Conditions of Draft Plan Approval (Attachment 1). 9.2 The extension of Adelaide Avenue easterly to Trulls Road is within the Region's forecasted budget for 2025. As part of this extension, Lawson Road will be closed at Townline Road with a cul-de-sac, and a new north -south connection will be constructed between Lawson Road and Adelaide Avenue. As this project has been planned for, the Region did not require a traffic impact study. Municipality of Clarington Report PSD-050-20 Central Lake Ontario Conservation Authority Page 11 9.3 Central Lake Ontario Conservation Authority had no objections to the applications subject to the conditions identified in the Conditions of Draft Approval. The applicant must provide compensation for the loss of existing vegetation on the subject lands to the satisfaction of the municipality and CLOCA. Other Agencies 9.4 Enbridge, the School Boards, and Canada Post has no objections to the applications subject to conditions captured in the Conditions of Draft Approval. 10. Departmental Comments Public Works Department 10.1 The Public Works Department has no objections to the approval of the proposed development however, they do have concerns regarding the vehicle access and egress onto Townline Road given the existing conditions. These concerns are not with the proposed access onto Lawson Road itself but rather the access to Townline Road which is under the jurisdiction of the Region of Durham. Staff defers to the Region for guidance on this matter as they have the jurisdiction on the safe operation and maintenance of traffic on Townline Road. As indicated in Section 9 of this report Durham Region Works did not require a traffic impact study and provided no objections as Adelaide Avenue will be extended in the future and a new connection between Adelaide and Lawson will be provided, terminating Lawson at Townline. They will be discussed in Section 11 of this report. Fire and Emergency Services Department 10.2 The Fire and Emergency Services Department had no objections to the approval of the application. Comments were provided regarding no parking signage for the private laneway and fire hydrants on site. These comments will be implemented through the Site Plan Approval process. Building Division 10.3 The Building Division has no objection to the approval of the application. Municipality of Clarington Report PSD-050-20 11. Discussion Page 12 11.1 The proposal is to develop a vacant 0.69 ha parcel of land. The site has frontage on Townline Road and Lawson Road. The applicant has revised the original application by reducing the number of townhouse units from 28 to 25, reducing the height of the eastern 9 units to two storeys, relocating and increasing the amenity space. Neighbourhood Character and Intensification 11.2 The existing neighbourhood is predominately single detached dwellings that have developed over many decades. The existing development is not indistinguishable in nature. While much of the surrounding development on Lawson Road and Townline Road are single detached dwellings, the building size, form, setbacks, lot size and frontages vary greatly. In recent years, there have been a few severances in the area to create new lots on Lawson Road and Townline Road. In addition, on the west side of Townline Road, in the City of Oshawa, development is proceeding that includes townhouses and single detached dwellings. The neighbourhood is changing, and redevelopment is occurring. 11.3 The Clarington Official Plan strives to achieve many goals through various policies for residential neighbourhoods including density targets, providing housing options in building forms, creating sustainable and walkable neighbourhoods, utilizing services and ensuring new development is compatible and does not negatively impact existing neighbourhoods. The polices must be read together in order to achieve a complete vision for residential areas. 11.4 The proposal meets the density requirements and contributes to development within the built boundary, introduces a new alternative building form in the neighbourhood that the Official Plan envisions on arterial roads, and efficiently utilizes existing services. The proposal introduces a higher density and a building form that contributes to a transit supportive neighbourhood. New development in established neighbourhoods to respect and reinforce the physical character and have regard for the existing height, setbacks, etc. The intent of this policy is to ensure that new development is generally compatible and can integrate into and coexist with the existing neighbourhood. If repetition of what currently existed within neighbourhoods was all that was permitted, then intensification and additional housing forms could not be achieved. 11.5 The units will front onto Townline Road or the private lane. The proposed rear yard setbacks for the units on the east side of the site is 7.5 metres, the proposed maximum height is 10 metres, or 2 storeys. The setbacks and height are consistent with the typical minimum rear yard setbacks and height required for low density development including single detached dwellings. Municipality of Clarington Report PSD-050-20 Traffic Page 13 11.6 The Region plans to extend Adelaide Avenue east to Trulls Road. When that is completed the intersection at Lawson Road will be closed and a new cul-de-sac constructed. Access to Lawson Road will be from a new street that will connect to the Adelaide Avenue extension via a new north -south road approximately 50 metres east of this site. 11.7 Staff and the applicant has explored different options to create a temporary access for the development on Townline Road including creating a new access for Lawson Road, on the north side of Lawson Road, towards the existing intersection at Adelaide Avenue and a right -in and right -out condition on Townline Road. The Region is the road authority for the intersection of Townline Road and Lawson Road. The Region has indicated they do not object to the development proceeding in advance of the Adelaide Avenue extension. The Region is not in favour of a temporary access for the site as it would create multiple accesses near existing intersections. Figure I Existing intersection at Lawson Road and Townline Road. Adelaide Avenue and Townline Road intersection in the background. Municipality of Clarington Report PSD-050-20 Amenity Space & Parkland Contributions Page 14 11.8 The amenity space for the development has been positioned adjacent to Lawson Road. This location will further reduce the visual impact of the building form on Lawson Road by providing a large setback for the mid -block units. The detailed design for the amenity space will be reviewed at the time of site plan application. 11.9 The size of the amenity space exceeds the requirements of Clarington's Amenity Space Guidelines. A minimum of 4 square metres per unit is required for developments over 16 units, and a lot is required. The proposal provides approximately 11.5 square metres per unit. In addition, the nine units on the east side will have private backyards as amenity space. 11.10 The applicant will be required to provide a cash contribution for parkland dedication. On -site parking 11.11 Concerns have been raised regarding on -site visitor parking. The Zoning By-law requires that each townhouse unit provides 2 parking spaces, one of which can be in a private garage. In addition, 0.25 visitor parking spaces must be provided per unit. The proposed development has provided 2 parking spaces per unit and seven visitor parking spaces, meeting the requirements of the Zoning By-law. Environmental Impacts 11.12 The development will result in the removal of the existing trees and a man-made pond on the site. The EIS concluded the existing features are not significant as defined by Provincial or Municipal policies. Due to the existing location and the surrounding development the area provides little ecological function. The applicant will be required to provide compensation for the removal of the trees within the Harmony Creek watershed which will strengthen those existing features. The applicant will be required to protect trees on adjacent properties during construction. 11.13 As identified in Section 6, the applicant will be required to meet all obligations of Site Plan Approval prior to the removal of the Holding Symbol from the zoning. Municipality of Clarington Report PSD-050-20 12. Conclusion Page 15 12.1 It is respectfully recommended that in consideration of all agency, staff and resident comments that the applications for Draft Plan of Subdivision and to amend Zoning By-law 84-63 to permit a 25 unit townhouse condominium development with a private lane at 3 Lawson Road in Courtice be approved as contained in Attachment 1 and 2 of this report. Staff Contact: Brandon Weiler, Planner, 905-623-3379 extension 2424 or bweiler@clarington.net. Attachments: Attachment 1 — Conditions of Draft Approval Attachment 2 — Zoning By-law Amendment Interested Parties: List of Interested Parties available from Department. Clarington Conditions of Draft Approval File Number: S-C-2019-0002 Issued for Concurrence: October 29, 2020 Notice of Decision: Draft Approved: Faye Langmaid, RPP, FCSLA Acting Director of Planning and Development Services Municipality of Clarington Part 1 — Plan Identification The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2019-0002 prepared by The Biglieri Group Ltd. identified as job number 18494, dated December 13, 2018, which illustrates a total of 25 common element condominium townhouse units, amenity area, water meter building, visitor parking and private lane. Part 2 — General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application-forms/subdivision- agreement.pdf 2.2 The Owner shall name all private lanes included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.4 (1) No residential units shall be offered for sale to the public on the draft plan until such time as the exterior architectural design of each building has been approved by the Director of Planning and Development Services. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net (2) No building permit shall be issued for the construction of any building on any residential block on the draft plan, the exterior architectural design of each building and the location of the building on the block has been approved by the Director of Planning and Development Services. Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning and Development Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning and Development Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning and Development Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill 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 Public Works regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 4.1 After registration of a subdivision agreement, the provisions of the Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3 — Final Plan Requirements 3.1 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 0.02 hectare road widening across the frontage of Lawson Road shown as Block 2 on the draft plan. Page 12 3.2 The Owner shall transfer to the Region (for nominal consideration, free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings • A 6 metre road widening across the entire frontage of Townline Road shown as Block 3 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: Phasing Plan (1) This plan of subdivision shall be developed in one registration. Noise Report (2) The Owner shall submit to the Director of Public Works, the Director of Planning and Development Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled Proposed Townhouse Development 3 Lawson Road, prepared by YCA Engineering Limited, dated September 2019, Project No.Y1829A. Functional Servicing (3) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Public Works 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 entitled Energy Efficiency and Sustainability Plan, prepared by The Biglieri Group Ltd., dated January 2019, to the satisfaction of the Director of Planning and Development 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. 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 Public Works. 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, Page 13 quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Dust Management Plan (6) Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Public Works. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on -site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Part 5 —Special Terms and Conditions to be Included in the Subdivision Agreement 5.1 Lands Requiring Site Plans The owner shall not make an application for a building permit in respect of Block until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. 5.2 Parkland The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under section 5.1. of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents either 5% or at the rate of 1 hectare of land for each 300 dwelling units of the lands included in the draft plan, whichever is greater, and shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision S-C-2019- 0002. 5.3 Noise Attenuation (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report entitled Proposed Townhouse Development 2 Lawson Road prepared by YCA Engineering Limited and dated September, 2019 (the "Noise Report"). Page 14 (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. (3) Prior to the issuance of occupancy permits the Owner shall require a Professional Engineer qualified to perform acoustical Public Works in Ontario shall certify that the noise control measures have been properly installed and constructed. 5.4 Common Elements The Owner agrees to identify to purchasers and shall include the following site features as common elements within the future condominium plan: • Retaining Wall • Amenity Area • Visitor Parking • Wooden Privacy Fencing 5.5 Short Term Leases and Rentals Upon the transfer of the POTL's, the Owner agrees to register covenants and restrictions under Section 119 under the Land Titles Act prohibiting any short- term, less than 30 days rental or lease of any dwelling unit(s) that is/are reliant on and benefit from the common elements condominium. A draft is to be provided to the Municipal Solicitor's office for review and approval, prior to registration. Part 6 — Agency Conditions 6.1 Region of Durham (1) The Owner shall prepare the final plan and shall include a land use table on the basis of the approved draft plan of subdivision, prepared by The Biglieri Group, identified as project number 18494, dated December 13, 2018, which illustrates 1 medium density residential block and 2 road widening blocks. (2) The Owner shall name the road allowances included in the draft plan to the satisfaction of the Region of Durham and the Municipality of Clarington. (3) The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. (4) 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 Page 15 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. (5) 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. (6) The Owner shall convey free and clear of all encumbrances, sufficient road allowance widening to provide a minimum of 18.Om measured from the centreline of Regional Road 55 (Townline Road) along the total frontage of Regional Road 55. (7) The Owner shall convey, free and clear of all encumbrances, a 5 metre by 5 metre sight triangle at the south-east corner of Regional Road 55 and Lawson Road to the Region of Durham. (8) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. (9) Prior to the finalization of this plan of subdivision, the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region's Site Contamination Protocol to address the site contamination matters. Such evidence may include the completion of a Regional Reliance Letter and Certificate of Insurance. Depending on the nature of the proposal or the finding of any Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA), an RSC Compliant Phase Two ESA may also be required. The findings of the Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment, Conservation and Parks accompanied by any additional supporting information. (10) The Owner shall submit to the Region of Durham, for review and approval, a revised acoustic report prepared by an acoustic engineer based on the projected traffic volumes provided by the Region of Durham Planning and Economic Development Department, and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment, Conservation and Parks guidelines. The Owner shall agree in the Subdivision Agreement t implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date, and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. Page 16 The Owner shall provide the Region with a copy of the Subdivision Agreement containing such provisions prior to the final approval of the plan. 6.2 Conservation Authority (1) Prior to any on -site grading or construction or final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: (a) The intended means of controlling stormwater on the site and conveying stormwater flow from the site to an appropriate outlet, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines; (b) The intended means of providing water quality treatment for the site to the satisfaction of CLOCA and in accordance with provincial guidelines; (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; (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 meeting infiltration targets in accordance with the water balance and CLOCA requirements. (2) That, prior to removal of any vegetation on the site, on -site grading, and/or construction associated with the proposed plan of subdivision, the owner shall submit to an obtain approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington for a contribution to offset for the removal of existing vegetation related to the development. The Lake Simcoe Ecological Offsetting Policy is to be used in order to calculate the contribution. (3) That, prior to removal of any vegetation on the site, the owner agrees to provide the agreed upon contribution established in Condition 2 to the Municipality of Clarington. (4) 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. Page 17 (5) 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, 2 and 3 to the satisfaction of the Central Lake Ontario Conservation Authority. (b) The Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. 6.3 School Board (1) The Owner shall agree to include in all offers of purchase and sale a statement that advises the prospective purchaser that attendance at the local public schools may not be guaranteed due to rising accommodation pressures. Pupils may be accommodated in temporary facilities and/or directed to schools outside the area in accordance with continued development and accommodation pressures. 6.4 Canada Post Corporation (1) Lynstrath Developments Inc. covenants and agrees to provide the Municipality of Clarington with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Community Mail Boxes (CMB) as required by Canada Post Corporation and shown on the approved engineering design drawings/Draft Plan, at the time of sidewalk and/or curb installation. Lynstrath Developments Inc. further covenant and agree to provide notice to prospective purchasers of the locations of CMBs and that home/business mail delivery will be provided via CMB. (2) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The developer will consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes or Lock box Assemblies (Mail Room). The developer will then indicate these locations on the appropriate servicing plans (b) The developer 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 or Lock Box Assemblies (Mail Room)., within the development, as approved by Canada Post. Page 18 (c) The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off (d) The Builder/Owner/Developer will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. (e) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Boxes or Lock Box Assemblies (Mail Room). The developer also agrees to note the locations of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Boxes or Lock Box Assemblies (Mail Room). (f) The owner/developer will agree to prepare and maintain an area of compacted gravel to Canada Post's specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. (g) The owner/developer will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post's concrete pad specification drawings. (h) The developer agrees to provide the following for each Community Mail Boxes or Lock Box Assemblies, and to include these requirements on the appropriate servicing plans: (if applicable) i. - Any required walkway across the boulevard, per municipal standards. ii. - If applicable, any required curb depression 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 Public Works. Page 19 (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 Public Works. (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/units informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 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: 7.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Units/Lots 1 to 16: "Purchasers are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels will exceed the Ministry of Environment, Conservation and Park's noise criteria." (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Units/Lots 1 to 9: "The dwelling unit located on this lot has been fitted 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 Ministry of the Environment, Conservation and Park's noise criteria." (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Units/Lots 10 to 16: "This dwelling unit was fitted with ducting sized to accommodate a central air conditioning unit. The installation of central air conditioning Page 110 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, Conservation and Park. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of Ministry of the Environment, Conservation and Parks publication N PC-300." 7.5 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 and Development Services shall be advised in writing by, (a) the Region how Conditions 6.1 have been satisfied; (b) the Central Lake Ontario Conservations Authority how Conditions 6.2 have been satisfied; (c) the Canada Post how Conditions 6.4 have been satisfied; Part 9 — Notes to Draft Approval 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within Three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning and Development 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 L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. Page 111 (c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 \\netapp5\group\Planning\ADepartment\Application Files\SC-Subdivision\S-C-2019\S-C-2019-0002 3 Lawson Road\Draft Approval\S-C-2019-0002 Conditions of Draft Approval.docx Page 112 Attachment 2 to Report PSD-050-20 Corporation of the Municipality of Clarington 1 By-law Number 2020- 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 ZBA2019-0003; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.62 as follows: "14.6.62 Urban Residential Exception (R3-62) Zone Notwithstanding Sections 3.1 b., c., g. iv); 14.1 a.; 14.4 b., c., e., f., g., and h. those lands zoned R3-62 on the Schedules to this By-law shall only be used for link townhouse dwellings having frontage on a private street. The following regulations apply to each Link Townhouse Dwelling as if each unit is located on a lot: E 0 C. 0 Lot Area (minimum) Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot Yard Requirements (minimum) 120 square metres 5.5 metres 8.5 metres i) Front Yard 3.0 metres to a dwelling 2.5 metres to an unenclosed porch 6 metres to a garage door ii) Exterior Side Yard 3.0 metres to a dwelling Interior Side Yard 1.5 metres, nil where building has a common wall with any adjacent building on an adjacent lot e. Rear Yard 5.5 metres to a dwelling 6.0 metres to a garage door \\netapp5\group\Planning\^Department\Application Files\SC-Subdivision\S-C-2019\S-C-2019-0002 3 Lawson Road\Draft By-law\ZBA2019-0003 Draft Zoning By-law.docx f Special Yard Regulations 0 h k. K i) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metres. Lot Coverage 65 percent Landscaped Open Space (Minimum) 20 percent Building Height 11 metres Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres Regulations for Link Townhouse Dwellings i) Where a Link Townhouse Dwelling Lot is a through lot with frontage on both a Public Street and a Private Lane, the lot line along the Public Street shall be deemed to be the Front Lot Line. No parking space shall be located in any exterior side yard Minimum setback for a water meter building i) From Townline Road ii) From Lawson Road 2.0 metres 1.70 metres Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.63 as follows: "14.6.63 Urban Residential Exception (R3-63) Zone Notwithstanding Sections 3.1 b., c., g. iv); 14.1 a.; 14.4 b., c., e., f., g., and h. those lands zoned R3-63 on the Schedules to this By-law shall only be used for link townhouse dwellings having frontage on a private street. The following regulations apply to each Link Townhouse Dwelling as if each unit is located on a lot: a. Lot Area (minimum) 165 square metres b. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot C. Yard Requirements (minimum) i) Front Yard ii) Exterior Side Yard iii) Interior Side Yard 6.4 metres 11.0 metres 3.0 metres to a dwelling 2.5 metres to an unenclosed porch 6 metres to a garage door 4.0 metres to a dwelling 1.5 metres, nil where building has a common wall with any adjacent building on an adjacent lot iv) Rear Yard a) Interior lot b) Exterior lot rear yard Special Yard Regulations 7.5 metres to a dwelling 4.9 metres a) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metres. d. Lot Coverage i) Link Townhouse dwelling 60 percent ii) Total of all buildings and structures 65 percent e. Landscaped Open Space (minimum) 25 percent f. Maximum number of Storeys 2 Storeys g. Height of floor deck of unenclosed porch above finished grade (maximum)1.0 metres h. No parking space shall be located in any exterior side yard 2. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Exception (R1-17) Zone" to "Urban Residential Exception (R3-62) Zone" and from "Urban Residential Exception (R1- 17) Zone" to "Urban Residential Exception (R3-63) 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 of the Planning Act. By -Law passed in open session this day of , 2020 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A" to By-law 2020- , passed this day of , 2020 A.D. LAWSON ROAD Q Q O a ry, Q 0 _ L o O WABBOKISH COURT O z GO G O af w z J z O Zoning Change From'R1-17' To'(H)R3-63' N - Zoning Change From'R1-17' To'(H)R3-62' Adrian Foster, Mayor Courtice . ZBA 2019-0003 . Schedule 4 June Gallagher, Municipal Clerk