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Report To: Planning and Development Committee
Date of Meeting: June 13, 2022 Report Number: PDS-030-22
Submitted By: Ryan Windle, Director of Planning and Development Services
Reviewed By: Mary-Anne Dempster, CAO Resolution#: PD-077-22
File Number: S-C-2021-0003 and ZBA2021-0013 By-law Number: 22-037
Report Subject: Applications by Kaitlin Corporation for a Draft Plan of Subdivision and
Zoning By-law Amendment for 3 blocks that would allow for future
common elements condominiums consisting of townhouse dwellings and
apartment buildings.
Recommendations:
1.That Report PDS-030-22 and any related delegations or communication items, be
received;
2.That the application for a Draft Plan of Subdivision submitted by MODO Bowmanville
Urban Towns Limited (The Kaitlin Group) to permit 3 blocks that would allow for
future common elements condominiums consisting of townhouse dwellings and
apartment buildings, be supported subject to the conditions contained in Attachment
1 to Report PDS-030-22;
3.That the application to amend Zoning By-law 84-63 be approved and that the Zoning
By-law Amendment attached to Report PDS-030-22, as Attachment 2, be approved;
4.That notwithstanding Section 45(1.3) of the Planning Act, Council permits the
submission of minor variance application to Committee of Adjustment for the subject
lands to address issues at the Site Plan application stage, if necessary;
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;
6.That no further Public Meeting be required for the future Common Elements
Condominium;
7.That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of report PSD-
058-20 and Council’s decision; and
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8. That all interested parties listed in Report PDS-030-22 and any delegations be
advised of Council’s decision.
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Report Overview
This report recommends approval of a proposed Draft Plan of Subdivision and Zoning By-
law Amendment submitted by MODO Bowmanville Urban Towns Limited (The Kaitlin
Group). The applications would permit 3 blocks that would allow for future common elements
condominiums consisting of townhouse dwellings and apartment buildings. The units would
be accessed by a private lane with entrances from Brookhill Boulevard, Boswell Drive and
Green Road. The development is proposed to have a private amenity area, a water meter
building and visitor parking in the common elements.
The proposed development conforms with the Clarington Official Plan.
This Zoning By-law amendment is subject to a Holding provision to meet the conditions of
Site Plan details that would be addressed through future Site Plan Approval application and
a future Draft Plan of Condominium.
1. Application Details
1.1 Owner/Applicant: MODO Bowmanville Urban Towns Limited (Kaitlin Group)
1.2 Agent: Weston Consulting
1.3 Proposal: Proposed Plan of Subdivision
The proposed Draft Plan of Subdivision would create 3 blocks
that would allow for future common elements condominium s
consisting of townhouse units and four six-storey apartment
buildings. The proposal also includes underground parking,
surface parking and limited amenity space.
Rezoning
1.4 Area: 3.49 ha (8.62 acres)
1.5 Location: South side of Brookhill Boulevard. between Green Road and
Boswell Drive.
1.6 Roll Numbers: 181701002018432
181701003002710
181701003002800
1.7 Within Built Boundary: 2078 Green Rd. is within built boundary equal to 0.34 ha
(0.86 acre) of total site.
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2. Background
2.1 In 2016, MODO Bowmanville Urban Towns Limited (Kaitlin Group) submitted
applications to permit a total of 205 condominium residential units including 55 dual
frontage townhouses, 64 back-to-back townhouses and 86 apartment units, a common
amenity space and private laneways. Report PSD-058-20, a report recommending
approval of MODO Bowmanville Urban Towns Limited applications was considered by
Council in December 2020 and referred back to staff to allow further discussion with the
owner/applicant. The concept plan can be seen in Figure 1 below.
Figure 1: 2016 proposal containing 205 residential units including 55 dual frontage
townhouses, 64 back-to-back townhouses and 86 apartment units.
2.2 After Council referred the applications back to staff, the applicant indicated a desire to
pursue a different development proposal including more apartment buildings. The
applicant had acquired additional lands, 2078 Green Road, which are included in the
current applications. In addition, the form of development was modified by removing most
of the townhouses, in the central and south portions of the site, and replacing them with
apartments, increasing the number of residential units significantly.
2.3 In July 2021, MODO Bowmanville Urban Towns Limited (Kaitlin Group) withdrew the
previous application of 2016 and submitted applications for proposed Draft Plan of
Subdivision and Zoning By-law Amendment. The proposal included a total of 513
residential units consisting of 62 townhouse units and 4 six-storey apartment buildings
with a total of 451 units. See Figure 2 below.
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Figure 2: 2021 proposal containing 513 residential units consisting of 62 townhouse
units and 4 six-storey apartment buildings with a total of 451 units.
2.4 A Public Meeting on the new applications was held on October 4, 2021. Staff heard
from several residents regarding concerns, outlined in detail in Section 7 of this report.
2.5 Since the public meeting, the applicant has revised the concept plan, see Figure 3. The
revisions include the following:
The townhouse blocks and private lane at the intersection of Boswell Drive and
Brookhill Drive have been redesigned to better frame the streets and introduce a site
entry feature.
The apartment building interface with Green Road has been r edesigned to better
address the street as required in the Bowmanville West Town Centre Secondary
Plan.
The apartment buildings have been redesigned to provide additional amenity space
opportunities on site.
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Figure 3: Applicant’s revised concept plan containing 546 residential units consisting of
62 townhouse units and 4 six-storey apartment buildings with a total of 484 units.
2.6 The applicant’s will be required to obtain Site Plan approvals for the subject lands prior
to any development. The concept plan submitted by the applicants would also be
required to be modified to address required revisions to the Draft Plan of Subdivision,
including a road widening on Green Road. The proposed concept plan generally shows
how the site would be developed, and the draft zoning by-law, Attachment 2,
implements this general vision but the exact number of units, location, size and design
of amenity space, parking spaces, etc. would be finalized as part of the future site plan
process.
2.7 The applicant has submitted the following studies in support of the applications which
are reviewed in Section 8 of this report:
Planning Justification Report and Urban Design Brief;
Functional Servicing and Stormwater Management Report;
Environmental Noise Study;
Phase 1 Environmental Site Assessment and a Phase 2 Environmental Site
Assessment;
Archaeological Assessment Stage 1 & 2; and
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Traffic Impact Study Report
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located on the south-east corner of Brookhill Boulevard and
Boswell Drive and extend over to Green Road. Majority of the lands are currently
vacant and generally flat. 2078 Green Road is occupied by a single detached dwelling
and accessory buildings.
Figure 4: Subject lands and surrounding land uses
3.2 The surrounding uses are as follows:
North - Brookhill Boulevard / rear lane townhouses and semi-detached dwellings
South - Commercial including Canadian Tire and Walmart stores
East - An existing single detached dwelling, a temporary sales centre, and Clarington
Central Secondary School
West - Future home to a long-term care home, currently occupied by Rekkers Garden
Centre and Greenhouse Operation
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Figure 5: View of the subject lands from Boswell Drive facing east.
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement (PPS) identifies settlement areas, such as the
Bowmanville Urban Area, as the focus of growth and promote s compact development
forms. 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. New development in designated growth areas
should have a compact form, mix of uses and densities that allow for the efficient use of
land, infrastructure, public service facilities and be transit supportive.
4.3 The subject applications are consistent with the Provincial Policy Statement.
Provincial Growth Plan
4.4 The Provincial Growth Plan is a long-term planning framework that manages growth,
mainly within the urban areas of the Greater Golden Horseshoe. It 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.
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4.5 A range and mix of housing options and higher densities in strategic growth areas,
including major transit station areas, are to make efficient use of land and infrastructure
and support transit viability.
4.6 The Growth Plan also provides policies on Major Transit Station Areas (MTSAs).
MTSAs are lands within close proximity of a current or future transit station. They are
intended to be developed as high density, mixed -use, transit-supportive neighborhoods.
A minimum of 150 residents and jobs combined per hectare is required within an MTSA.
Areas that surround the proposed GO Station site need to be designed to incorporate
multi-modal access and connection to transit (including active transportation
infrastructure). Land uses within MTSAs should be planned for a mix of uses
(residential, commercial, office).
4.7 The subject applications conform to the Provincial Growth Plan
5. Official Plans
Durham Region Official Plan
5.1 The Durham Region Official Plan designates the lands as a Regional Centre, which is to
be developed as the main concentration of commercial, residential, and cultural functions
within the urban area in a well-designed and intensive land use form. A Regional Centre
shall support an overall, long-term density target of at least 75 residential units per gross
hectare and a floor space index of 2.5.
5.2 Development in Regional Centres shall be based on the following principles:
Compact urban form which is transit-supportive;
Provides a mix of uses and opportunities for intensification;
Follows good urban design principles with focus on public spaces and
pedestrian; connections, with parking to the rear or within buildings; and
Enhances grid connections for pedestrians and cyclists.
5.3 Durham Region, through adoption of Durham Regional Official Plan Amendment #186,
has identified Protected Major Transit Station Areas. The subject lands are within the
Bowmanville Protected Major Transit Station Area. The policies create a framework to
support transit-oriented development and establishes a minimum density target of 150
people and jobs per hectare.
5.4 The subject applications conform to the Durham Region Official Plan
Clarington Official Plan
5.5 The Clarington Official Plan designates the lands Urban Centre. Development within
Urban Centres shall provide for a mix of uses with a focus on higher density and a mix
of housing types to support the successful development of complete communities. The
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minimum density target for Urban Centres is 120 units per hectare. The current
proposal has a density of approximately 156 units per net hectare.
5.6 Urban Centres are to be developed as the main concentration of activity within
communities. Development should be transit supportive with a pedestrian focus as
people-oriented places with a high-quality pedestrian environment including civic
squares, parks, walkways and building forms and styles that reflect the character of the
community.
5.7 Development within the Urban Centre designation must comply with the urban design
policies of the Official Plan and Secondary Plan specific policies.
5.8 Affordable housing is encouraged within Centres and Corridors to reduce travel needs
and facilitate alternative modes of transportation such as public transit, cycling and
walking.
Bowmanville West Town Centre Secondary Plan
5.9 The Bowmanville West Town Centre Secondary Plan designates the lands Low Rise
High Density Residential. The Low-Rise High-Density designation permits townhouses
and low rise apartment buildings not exceeding six storeys in height.
5.10 This Secondary Plan is currently being updated to conform with the updated Clarington
Official Pan as well as to incorporate the Major Transit Station Area (MTSA) of the
Bowmanville GO Station. The update will be required to be consistent with and
implement the amendments of Durham Region Official Plan Amendment 186, as
discussed above.
5.11 Currently, the density in the Low-Rise High-Density designation shall be a minimum of
50 and a maximum of 80 units per hectare. The Official Plan with the adoption of
Amendment 107 contains a policy indicating where an inconsistency with the parent
plan exists related to density the parent plan shall prevail. As stated in Section 5.5
above the minimum density in the parent plan is 120 units per hectare.
5.12 While this is the current policy requirements of the Official Plan and Secondary Plan
area the MTSA defined by the Region will require a minimum density of 150 units per
hectare once the secondary plan is updated.
5.13 The subject applications conform to the Clarington Official Plan and Bowmanville West
Town Centre Secondary Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. The proposed
Zoning By-law Amendment (Attachment 2) would allow for the development of dual
frontage and stacked townhouse dwellings adjacent to Brookhill Boulevard and Boswell
Drive (Block 1 on the Draft Plan of Subdivision. Apartment buildings would be permitted
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on the south portion of the subject lands adjacent to the commercial uses to the south
and Green Road to the east (Blocks 2 and 3 on the Draft Plan of Subdivision).
6.2 A holding (H) symbol is proposed to be placed on the subject lands until the Draft Plan
of Subdivision is registered and the Site Plan Approval process is finalized.
7. Summary of Submitted Reports
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 policies, guidelines, and standards. A list of the
submission materials has been posted on the Municipality’s website.
Site Servicing and Stormwater Management Report, IBI Group
7.2 The report and drawings detail how the proposed development can be serviced (water,
sanitary and storm) from existing and new infrastructure.
7.3 The development is proposed to be serviced from existing water and sanitary services
on Brookhill Boulevard.
7.4 The stormwater currently sheet flows from the south of the property to the north-east.
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
Brookhill Boulevard.
Traffic Impact Study, Cole Engineering Group Ltd.
7.5 The Traffic Impact Study was prepared to analyse the anticipated impacts of future area
and site-generated traffic for the proposed development. The units are proposed to be
serviced with an internal private lane which eliminates direct vehicle access from
individual private entrances and concentrates vehicle access to four points, one onto
Boswell Drive, two onto Brookhill Boulevard, and one onto Green Road.
7.6 The report concludes that the existing area road network is operating at acceptable
levels and the proposed development would have a negligible impact to the operation of
the existing neighbourhood intersections. The report also concludes that the
surrounding road network does not require any mitigation as a result of the proposal.
7.7 There is also sufficient space within the site, on the private lane, to provide for fire and
garbage truck movements. This will be reviewed in additional detail at the Site Plan
application stage.
7.8 The Region of Durham and Clarington Public Works staff will require an updated Traffic
Study as a requirement of Draft Approval.
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Environmental Noise Study, HGC Engineering
7.9 The Environmental Noise Study was prepared to analyse the noise generated by traffic
and the surrounding commercial uses. The report identifies mitigation measures such
as ventilation requirements, warning clauses and upgraded building components that
will be required in building design and to be included for prospective purchasers.
7.10 As the final design of the site and buildings has not been determined specific warning
clauses for each unit cannot be identified at this time. The applicants will be required to
submit a revised report once the design of the buildings are finalized through the Site
Plan application to ensure the required warning clauses and upgraded building
components are identified for each unit.
Planning Justification and Urban Design Reports, Weston Consulting and John
G. Williams Limited
7.11 The Planning Justification Report was prepared to provide an overview of the planning
policy context of the subject lands and surrounding neighbourhood from a Provincial,
Regional and Municipal perspective. The report identifies that the proposed
development meets the requirements of the Planning Act, Provincial Policy Statement,
conforms to the Growth Plan for the Greater Golden Horseshoe, the Durham R egional
Official Plan, and the Clarington Official Plan.
7.12 The report concludes that the development fits the context of the surrounding
neighbourhood, provides an appropriate transition to the existing development to the
north and represents good planning.
7.13 The Urban Design Brief outlines the design elements of the proposal at a high level,
including how the proposal meets the urban design criteria of the Bowmanville West
Town Centre Secondary Plan. The Urban Design report will be required to be updated
through the Site Plan process when final site and building design occur.
Archaeological Assessment Stage 1& 2, This Land Archaeology Inc.
7.14 The field investigation did not identify any archeological resources on the property. A
clearance letter was received from the Ministry of Culture on October 3, 2008.
Phase One and Two Environmental Site Assessment, Cole Engineering Group
Ltd. & GHD
7.15 A Phase One Environmental Site Assessment was conducted by Cole Engineering that
determined two potential risk spots on the subject lands and concluded a Phase Two
would be required.
7.16 A Phase Two Environmental Site Assessment was conducted by GHD to determine any
potential site contamination. The Phase Two included soil and water sampling. The
samples met the Ministry of Environment, Climate Change and Parks requirements for
residential development and concluded no further works were required.
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8. Public Participation and Submissions
8.1 A statutory Public Meeting was held on October 4, 2021. The concerns raised during
the meeting and in correspondence received by staff include the following:
The need for seniors and affordable housing in the community and requesting at
least one of the buildings provide affordable housing;
The proposal does not fit within the existing neighbourhood;
Density proposed is appropriate near highways and major transit routes and not
appropriate for a quiet neighbourhood;
Increased traffic will put cyclists and pedestrians at risk;
The existing parks, public recreation facilities and natural green spaces in the
neighbourhood are already very busy;
Schools in the area are already overcrowded and children are already bused out of
the neighbourhood. The increased development will add additional pressures on
schools and increase school buses in the neighbourhood;
The construction will have a negative impact on the neighbourhood due to the lack
of parking for trades, increased pollution, noise, and traffic impacts; and
Lack of public transit options in the area to support the proposed development.
8.2 Further discussions regarding the concerns from residents are contained in Section 11
of this report.
9. Agency Comments
Regional Municipality of Durham
9.1 Durham Region Planning, Works and Transportation Departments have no objections to
the applications subject to the conditions identified in the Conditions of Draft Approval .
9.2 Durham Transit advised that comments will be provided at the Site Plan stage of
development but will require pedestrian connectivity and access to Transit.
9.3 Durham Regional Police Services have advised that the proposed development will
pose no immediate obstruction issue for the Region’s NextGen radio system and
associated microwave links. In-building radio coverage for First Responders may be an
issue in the future and will have to be tested when the buildings are completed, if
deemed necessary.
Central Lake Ontario Conservation Authority
9.4 Central Lake Ontario Conservation Authority has no objections to the applications
subject to the conditions identified in the Conditions of Draft Approval. The applicant
will be required to satisfy the conservation authority with respects to the stormwater
management through the Detailed Design and Site Plan Approval processes.
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Kawartha Pine Ridge District School Board
9.5 Kawartha Pine Ridge District School Board has no objections to the applications subject
to the conditions identified in the Conditions of Draft Approval.
Other Agencies
9.6 Canada Post advised they have no objection to the proposal and provided requirements
for centralized mailboxes for both the townhouses and within the apartment building.
10. Departmental Comments
Public Works
10.1 Public Works staff have no objection, in principle, to the approval of the applications
subject to the conditions identified in the Conditions of Draft Approval. The applicant
will be required to meet all public works standards through detailed design and the
future Site Plan Approval process.
Emergency and Fire Services
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 implem ented through the
Site Plan Approval process.
Accessibility Committee Comments
10.3 The Accessibility Committee has no objection to the development in principle. A
number of accessible design comments were provided for consideration when designing
the units and the indoor and outdoor amenity areas. The comments will be addressed
through the future Site Plan application.
11. Discussion
11.1 As detailed in Sections 4 and 5 of this report, the subject proposal conforms with all
applicable Provincial, Regional and Clarington Policy. The Provincial Policy Statement,
Growth Plan, Durham Regional Official Plan, and the Clarington Official Plan all include
policies that encourage transit-supportive, multiple housing forms and compact urban
development where appropriate.
Neighbourhood Character and Intensification
11.2 The subject lands are at the interface of two distinctly different Secondary Plans, the
Brookhill Secondary Plan and Bowmanville West Town Centre Secondary Plan. The
two secondary plans are envisioned for different purposes with the Brookhill plan being
mainly residential and the Bowmanville West Town Centre plan being an urban centre
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for commercial, mixed-use, residential, and institutional uses. In addition, the subject
lands have recently been identified within a Protected Major Transit Station Area for the
future GO Station. This creates a challenging scenario of creating a development at the
intersection of two plans, designed for different purposes, while meeting the policies of
the secondary plan and Protected Major Transit Station Area. The proposed
development must also create an appropriate transition between these two plan areas
to create a complete neighbourhood.
11.3 The existing dwellings north of Brookhill Boulevard are a mix of single, semi-detached
and townhouse dwellings. The lands to the south are large scale commercial. The site
has been designed to direct the higher densities to the south of the site to allow for
ground related development to frame Brookhill Boulevard, allowing for a transition to the
existing ground related development in the Brookhill Neighbourhood.
11.4 The proposal would also allow for a gradual transition from the two-storey existing
development to a three-storey ground related built form adjacent to Brookhill Boulevard,
with mid-rise built form as you move south through the subject lands, See Figure 6. In
addition to the transition, the proposal introduces additional housing forms, a density
that meets the requirements of the Official Plan and development that supports transit
initiatives, including GO transit.
Figure 6: Applicant’s rendering from Meachin Gate facing south -west across Brookhill
Boulevard
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11.5 It has been identified that the two secondary plan areas are designed for different
purposes. The goal at the intersection of two planning areas is to ensure that new
development is generally compatible and can integrate into and coexist with the existing
adjacent secondary plan neighbourhood. Repetition of what currently exists within
Brookhill neighbourhood would not meet the intent of the Bowmanville West Centre plan
or the Protected Major Transit Station Area
Traffic
11.6 The Traffic Impact Study concluded that the proposed development would have minimal
impact to the operation of the existing neighbourhood intersections and does not require
any mitigation as a result of the proposal. The report has been reviewed by the Region
of Durham and Clarington staff and deemed acceptable.
11.7 Previously, residents in the area had indicated that crossing Green Road was difficult as
there were no signalized crossings north of Highway 2. In the fall of 2018, the
intersection of Green Road and Stevens Road had signals installed to help traffic flow
and provide safe pedestrian crossing in the immediate neighbourhood. As the Brookhill
Neighbourhood continues to develop north and east additional connectivity options will
be explored and implemented.
Amenity Space and Parks
11.8 A number of residents indicated that Harvey Jones Park, which is very well used and
can be busy at times, is currently the only park space for residents. The Brookhill
Neighbourhood is continuing to develop and there are many additional parks planned
for the neighbourhood as a whole within the Council approved updated secondary plan,
Figure 7.
11.9 In addition to Harvey Jones Park there is a Community Park situated within the Garnet
B. Rickard Recreation Complex, which contains play equipment and baseball fields.
Clarington Central Secondary School is also directly east of the subject lands which
provides additional non-structured community space outside school hours.
11.10 The subject lands will be required to provide amenity space for the residents that meet
the Bowmanville West Town Centre Secondary Plan policies and Clarington’s Amenity
Space Guidelines. The concept plan identifies areas where amenity space could be
accommodated and will be confirmed through the Site Plan Approval process.
11.11 The applicant will also be required to provide cash-in-lieu of parkland dedication for the
subject lands that will contribute to additional public parks within Clarington.
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Figure 7: Council Adopted Brookhill Neighbourhood Secondary Plan
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Schools
11.12 The recently adopted Brookhill Neighbourhood Secondary Plan, Figure 7, identifies
additional school sites within the Brookhill Neighbourhood. The school boards were
engaged in the secondary plan update process and have provided information to staff
on their land requirements for future schools in the neighbourhood. While sites are
designated it should be noted that at the time of development, the school boards
independently determine whether to proceed with a site based on school enrollment and
the provincial funding formula.
Affordability and Seniors Housing
11.13 Council, through Official Plan policy, supports the provision of a variety of housing
types, tenure, and costs for people of all ages, abilities, and income groups. From the
recommended policies in Clarington’s Affordable Housing Toolkit, Staff are
implementing various strategies including the requirement that applicants provide either
land or a contribution of funds to the Municipality for the development of affordable
housing. The Owners have agreed to provide $400 per unit towards affordable housing.
11.14 The proposed development will also introduce multiple housing options in the forms and
size of units that will provide different pricing options for residents.
Recommendations and Next Steps
11.15 Conditions of Draft Approval contain special provisions to address the implementation of
all recommendations of the studies and reports submitted. The conditions also include
standard conditions such as dedication of road widenings and cash-in-lieu of parkland
payments.
11.16 The proposed Zoning By-law amendment would amend Zoning By-law 84-63 for the
subject lands to site-specific residential zones permitting the townhouse dwellings and
apartment buildings with regulations regarding setbacks, building height, landscaped
areas, etc. As identified in Section 6 of this report the zoning is proposed to be
approved with a Holding (H) Symbol.
11.17 The applicant will be required to submit Site Plan Approval applications for the subject
lands. During this process items such as final site design, architectural details, detailed
engineering, entrance design landscaping, lighting and other standard design items will
be reviewed detail.
11.18 The applicant will be required to submit Draft Plan of Condominium applications
following the Site Plan Approval to create a legal description for each unit and derive a
set of condominium rules for the development.
12. Concurrence
Not Applicable.
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13. Conclusion
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 3 blocks that would allow for future common elements
condominiums containing townhouse and apartment dwelling units on a private lane on
the south side of Brookhill Boulevard between Green Road and Boswell Drive be
approved as contained in Attachment 1 and 2 of this report.
Staff Contact: Brandon Weiler, Principal Planner, (905) 623-3379 ex. 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.
Attachment 1 to
Report PDS-030-22
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CONDITIONS OF DRAFT APPROVAL
File Number: S-C-2021-0003
Issued for Concurrence: May 20, 2022
Notice of Decision: _____________
Draft Approved: ________________
__________________________
Ryan Windle, MCIP, RPP, AICP
Director of Planning and Development Services
Municipality of Clarington
Part 1 – Plan Identification
1. The Owner shall have the final plan prepared on the basis of approved Draft Plan
of Subdivision S-C-2021-0003 prepared by GHD Inc. identified as job number
06290-BROOKHILL, dated May 2018, as revised in red and dated December
2021, which illustrates three condominium blocks for townhouse and apartment
dwelling units.
The redline revisions are:
1. A 5.0 metre Road Widening across the entire frontage of Green Road.
2. A 0.3 metre reserve to be shown on the revised draft plan along Brookhill
Boulevard, Boswell Drive, and Green Road where there are no vehicle entrances
to the site.
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 road allowances included in the draft plan and future site
plans to the satisfaction of the Municipality and the Regional Municipality of
Durham (the “Region”).
Attachment 1 to
Report PDS-030-22
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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) The Owner shall be 100% responsible for the cost of any architectural
design guidelines specific to this development, as well as 100% of the cost
for the “Control Architect” to review and approve all proposed models and
building permits, to the satisfaction of the Director of Planning and
Development Services.
(2) No residential units shall be offered for sale to the public on the draft plan
until such time as architectural control guidelines and the exterior
architectural design of each building has been approved by the Director of
Planning and Development Services.
(3) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the architectural control
guidelines for the development and the exterior architectural design of each
building and the location of the building on the lot has been approved by the
Director of Planning 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.
(4) The Owner agrees not to offer any residential units for sale to the public until
the Phasing Plan, identified in condition 4.1, has been approved by the
Region of Durham and Municipality of Clarington and all final warning
clauses have been determined through the revised studies and final design
of the buildings/units.
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
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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
4.7. After registration of a subdivision agreement, the provisions of the
Municipality’s standard subdivision agreement shall apply to any proposed site
alteration on the lands covered by the subdivision agreement.
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 5.0 metre road widening across the entire frontage of Green Road to
be shown on the revised draft plan.
3.2 The Owner shall transfer to the Municipality (for nominal consideration free and
clear of encumbrances and restrictions) the following lands and easements:
(a) Reserves
A 0.3 metre reserve to be shown on the revised draft plan along
Brookhill Boulevard, Boswell Drive, and Green Road where there are no
vehicle entrances to the site.
Part 4 – Plans and Reports Required Prior to Subdivision Agreement/Final Plan
Registration
4.1 The Owner shall submit the following plans and report or revisions thereof:
Phasing Plan
(1) The Owner shall submit plans showing the proposed phasing to the Municipality
and the Region for review and approval if this subdivision is to be developed by
more than one registration. The Phasing Plan must show how the roads and
associated infrastructure within each phase are intended to connect to subsequent
phases of development, including the provision of temporary or transitional works
such as temporary turning circles, external easements for temporary turning
circles, and associated frozen lots. The Municipality shall require the preparation of
a subdivision agreement for each phase of development.
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 Noise Feasibility Study
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Proposed Residential Development South of Brookhill Blvd., prepared by HGC
Engineering, dated March 11, 2021, Project No. 01800761.
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
Conservation and Sustainability Plan’, prepared by Kaitlin Corporation 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, 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.
Traffic Impact Study
(6) 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
Traffic Impact Study, based on the preliminary Traffic Impact Study entitled Traffic
Impact Study Update Kaitlin Corporation (Brookhill Residential Development),
prepared by Cole Engineering Group Ltd., dated October 2018, Project No. UD16 -
0344.
Dust Management Plan
(7) 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;
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(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 Blocks
1-3 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 and shall be calculated and collected at the
time of Site Plan in accordance with applicable legislation.
5.3 Noise Attenuation
(1) The Owner shall implement the noise attenuation measures recommended in
the updated noise report entitled, ‘Noise Feasibility Study Proposed
Residential Development South of Brookhill Blvd.’, prepared by HGC
Engineering, dated March 11, 2021, Project No. 01800761. (the “Noise
Report”).
(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
buildings are in accordance with the Noise Report.
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:
Amenity Areas
Visitor Parking
Wooden Privacy Fencing
Noise Fencing
5.5 Existing Structures
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The Owner shall obtain demolition permit(s) to remove all existing buildings and
structures from the Lands, unless such buildings or structures are to be preserved
for heritage purposes.
5.6 Short Term Leases and Rentals
Upon the transfer of the POTL’s and/or units, 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.
5.7 Affordable Housing
The Owner agrees to enter into an agreement to provide a contribution of funds,
a rate of $400.00 per unit, to the Municipality for the development of affordable,
public or non-profit housing in the community in lieu of providing affordable
housing units as part of the development. Conveyance of the funds is required
prior to registration of each phase of the subdivision.
Part 6 – Agency Conditions
6.1 Region of Durham
(1) The Owner shall carry out an archaeological assessment of the subject
property and mitigation and/or salvage excavation of any significant heritage
resources to the satisfaction of the Ministry of Heritage, Sport, Tourism, and
Culture Industries. No grading or other soil disturbance shall take place on
the subject property prior to a letter of clearance from the Ministry of
Heritage, Sport, Tourism, and Culture Industries.
(2) The Owner shall submit to the Region of Durham, for review and approval, a
revised acoustic report prepared by an acoustic engineer based on projected
traffic volumes provided by the Region of Durham Planning and Economic
Development Department and recommending noise attenuation measures for
the draft plan in accordance with the Ministry of the Environment,
Conservation and Parks guidelines. The Owner shall agree in the
Subdivision Agreement to implement the recommended noise control
measures. The agreement shall contain a full and complete reference to the
noise report (i.e. author, title, date and any revisions/addenda thereto) and
shall include any required warning clauses identified in the acoustic report.
The Owner shall provide the Region with a copy of the Subdivision
Agreement containing such provisions prior to final approval of the plan.
(3) Prior to the finalization of this plan of subdivision, the Owner must provide
satisfactory evidence to the Regional Municipality of Durham in accordance
with the Region's Soil and Groundwater Assessment Protocol to address site
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contamination matters. Such evidence may include the completion of a
Regional Reliance Letter and Certificate of Insurance. Depending on the
nature of the proposal or the findings of any Record of Site Condition (RSC)
Compliant Phase One Environmental Site Assessment (ESA), an RSC
Compliant Phase Two ESA may also be required. The findings of the Phase
Two ESA could also necessitate the requirement for an RSC through the
Ministry of the Environment, Conservation and Parks, accompanied by any
additional supporting information.
(4) The Owner shall submit plans showing the proposed phasing to the Region
of Durham and the Municipality of Clarington for review and approval if this
subdivision is to be developed by more than one registration.
(5) The Owner shall grant such easements as may be required for utilities,
drainage and servicing purposes to the appropriate authorities. The
easements shall be in locations and of such widths as determined by th e
Region.
(6) The Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan
that are required to service this plan. In addition, the Owner shall provide for
the extension of sanitary sewer and water supply facilities within the limits of
the plan which are required to service other developments external to this
subdivision. Such sanitary sewer and water supply facilities are to be
designed and constructed according to the standards and requirements of
the Region of Durham. All arrangements, financial and otherwise, for said
extensions are to be made to the satisfaction of the Region of Durham and
are to be completed prior to final approval of this plan.
(7) Prior to entering into a Subdivision Agreement, the Region of Durham shall
be satisfied that adequate water pollution control plant and water supply plant
capacities are available to the proposed subdivision.
(8) The Owner shall satisfy all requirements, financial and otherwise, of the
Region of Durham. This shall include, among other matters, the execution of
a Subdivision Agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other
regional services.
6.2 Conservation Authority
(1) Prior to any on-site grading or construction of final registration of the Plan,
the Owner shall submit and obtain approval from the Municipality of
Clarington, and the Central Lake Ontario Conservation Authority (CLOCA) for
reports describing the following:
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(a) The intended means of conveying stormwater flow from the site to an
appropriate outlet, including the use of stormwater techniques which are
appropriate and in accordance with provincial guidelines.
(b) The intended means of providing water quality treatment for the site in
accordance with provincial guidelines.
(c) The means whereby erosion and sedimentation and their effects will be
minimized on the site and downstream of 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 and prevention of downstream erosion in any
water body as a result of on-site, or 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) The Owner shall satisfy all financial requirements of the CLOCA. This shall
include Application Processing Fees and Technical Review Fees owing as
per the approved Authority Fee Schedule.
(3) That prior to any on-site grading, construction or final approval of the plan,
the subdivider shall address all comments identified on CLOCA’s letter dated
October 26, 2021, to the satisfaction of the CLOCA.
(4) The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matter, the following provisions:
(a) The Owner agrees to carry out the works referred to in CLOCA
conditions 1, 2 and 3 to the satisfaction of CLOCA.
(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
CLOCA.
6.3 School Board
Prior to the final approval of the draft plan, Kawartha Pine Ridge District School
Board (KPR) shall be satisfied that appropriate clauses are contained within
the Subdivision Agreement as follows:
(1) All offers of purchase and sale shall contain a statement advising prospective
purchaser(s) that accommodation within a public school in the community is
not guaranteed and students may be accommodated in temporary facilities;
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including but not limited to accommodation in a portable classroom, a
“holding school”, or in an alternate school within or outside of the community.
(2) All offers of purchase and sale shall include a statement advising prospective
purchasers that if school buses are required within the development in
accordance with KPR Transportation policies, as may be amended from time
to time, school bus pick up points will generally be located on the through
street at a location as determined by the Student Transportation Services of
Central Ontario.
(3) That the Owner(s) shall agree to provide a pedestrian walkway or dedicated
pedestrian use only area throughout the proposed subdivision to
accommodate and promote safe walking routes. To clear this condition, KPR
staff will require a copy of the proposed plan and details for the pedestrian
route prior to entering into the Subdivision Agreement. Any Subdivision
Agreement shall reflect these proposed plans and details.
6.4 Canada Post Corporation
(1) Kaitlin Corp. covenants and agrees to provide the Municipality of Clarington
with evidence that satisfactory arrangements, financial and otherwise, have
been made with Canada Post Corporation for the installation of Lockbox
Assemblies as required by Canada Post Corporation and as shown on the
approved engineering design drawings/Draft Plan, at the time of sidewalk
and/or curb installation. Kaitlin Corp. further covenants and agrees to provide
notice to prospective purchasers of the locations of Lockbox Assemblies and
that home/business mail delivery will be provided via Lockbox Assemblies or
Mailroom.
(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.
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.
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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)
•Any required walkway across the boulevard, per municipal
standards
•If applicable, any required curb depression for wheelchair access,
with an opening of at least two meters (consult Canada Post for
detailed specifications) 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.
(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
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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
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
The Owner shall include the required warnings clauses in the Agreements of
Purchase and Sale for units as outlined in the final Noise Report.
7.5 Nearby Farm Operations
The Owner shall include the following warning clause in agreements of purchase
and sale for all units:
“Farm Operations – There are existing greenhouse farming
operations nearby and that such farming activities may give rise to
noise, odours, truck traffic and outdoor lighting resulting from normal
farming practices which may occasionally interfere with some activities
of the occupants.”
7.6 Nearby Commercial Operations
The Owner shall include the following warning clause in agreements of
purchase and sale for all units:
“Commercial Operations - There are existing commercial
operations nearby and that such commercial activities may give rise
to noise, truck traffic and outdoor lighting resulting from normal
commercial practices which may occasionally interfere with some
activities of the occupants.”
7.7 Canada Post Corporation
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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 of Durham how Condition 6.1 have been satisfied;
(b) the Central Lake Ontario Conservation Authority, how Condition 6.2 have
been satisfied;
(c) the Kawartha Pine Ridge District School Board, how Condition 6.3 have been
satisfied; and
(d) the Canada Post Corporation, how Condition 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 L1N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario LIH 3T3 (905) 579-0411.
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(c) Kawartha Pine Ridge District School Board, 1994 Fisher Drive,
Peterborough, Ontario K9J 6X6
(d) Canada Post Corporation, Metro Toronto Region, 1860 Midland Ave. 2nd
Floor, Scarborough ON, M1P 5A1
Attachment 2 to
Report PDS-030-22
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 2022-______
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 ZBA2021-0013;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Section 14.4 “Special Exceptions – Urban Residential Type Three (R3) Zone” is
amended by adding Special Exception Zone 14.4.65 as follows:
“14.4.65 Urban Residential Exception (R3-65) Zone
Notwithstanding Sections 3.1 c., g. iv); 14.1 a., 14.4 a., c., e., f., g., and h., those
lands zoned R3-65 on the Schedules to this By-law shall only be used for stacked
townhouse dwellings and link townhouse dwellings.
a. Density
i) Density (maximum) 50 units per net hectare
b. Regulations for Link Townhouse Dwellings
For the purposes of establishing regulations for each Link Townhouse
Dwelling, the following specific regulations shall apply as if each unit is
located on a lot.
i) Lot area (minimum) 110 square metres
ii) Lot frontage (minimum) 4.5 metres
iii) Lot coverage (maximum) 75 percent
iv). Yard Requirements (minimum)
a) Front Yard 4.0 metres to a dwelling
6.0 metres to a garage
b) Interior side yard 1.5 metres, nil
where a building has a common wall with
an adjacent unit in the same zone
c) Exterior side yard 4.0 metres to a private lane
d) Rear Yard 4.0 metres to a dwelling
2.5 metres to a porch fronting a public street
e) Landscaped Open Space (minimum) 10 percent
v) Building Height (maximum) 12.0 metres
vi) Height of floor deck of unenclosed porch above
finished grade (maximum) 1.0 metre
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 Rear Lot Line.
vii) Special Yard Regulations
a) An unenclosed and uncovered deck with a minimum height of
2.5 metres may encroach into the required front yard a
maximum of 3.5 metres from the garage provided it is located
over a parking space provided at grade. The area of the deck
will not count towards lot coverage.
c. Amenity Space
i) Minimum outdoor amenity space per unit 4 square metres
d. Regulations for Stacked Townhouse Dwellings
i) For the purposes of establishing regulations for each Stacked
Townhouse Dwelling, the following specific regulations shall apply as
if each unit is located on a lot.
ii) Lot Area (minimum) 85 square metres
iii) Lot Frontage (minimum) 6.5 metres
iv) Lot coverage (maximum) 80 percent
v) Yard Requirements (minimum)
a) Front Yard 6.0 metres to a garage
3.5 metres to a dwelling
2.5 metres to a porch
b) Exterior Side Yard 3.5 metres to a dwelling
2.0 metres to a porch
c) Interior side yard 2.0 metres, Nil where a building
has a common wall with any building
on an adjacent unit in the same zone
d) Rear Yard Nil where a building has
a common wall with any building on
an adjacent unit in the same zone
vi) Landscaped Open Space (minimum) 8 percent
vii) Building Height (maximum) 11.5 metres
viii) Height of floor deck of unenclosed porch above
finished grade (maximum) 1.0 metre
ix) Special Yard Regulation
a) An unenclosed and uncovered deck with a minimum height of
2.5 metres may encroach into the required front yard a
maximum of 4.0 metres provided it is located over a parking
space provided at grade. The area of the deck will not count
towards lot coverage.
e. Amenity Space
i) Minimum outdoor amenity space per unit 4 square metres
f. Regulations for Watermeter Building
i) Yard Requirements (minimum)
a) Setback from a private lane 1.3 metres
b) Setback from a public street 4.0 metres
c) Setback from south property line 2.4 metres
2. Section 15.4 “Special Exceptions – Urban Residential Type Four (R4) Zone” is
amended by adding Special Exception Zone 15.4.46 as follows:
“15.4.46 Urban Residential Exception (R4-46) Zone
Notwithstanding Sections 3.1 c.; 15.1 a., 15.2 a., c., d. ii), iii), e., f., g., h., and i
those lands zoned R4-46 on the Schedules to this By-law shall only be used for
apartment buildings.
a. Density
i) Density (maximum) 237 units per net hectare
b. Regulations for Apartment Building
i) Yard Requirements (minimum)
a) Front Yard 4.5 metres
b) Exterior Side Yard 4.5 metres
c) From a private lane or visitor parking space 4.5 metres
d) From any portion of the south property line 4.5 metres
ii) Dwelling Unit Area (minimum)
a) One Bedroom Dwelling Unit 40.0 square metres
b) Two Bedroom Dwelling Unit 59.0 square metres
iii) Lot coverage (maximum) 36 percent
iv) Landscaped Open Space (minimum) 25 percent
v) Building Height (maximum) 22.0 metres
vi) Building Height (maximum) 6 Storeys
vii) Bicycle Parking (minimum)
a) 0.5 spaces per dwelling unit
b) 75% of the required spaces shall be within a building or structure
viii) Parking structure regulations (minimum)
a) Setback from the property line 0.5 metres
b) No portion of the underground parking structure, above finished
grade, shall be located within the front or exterior side yard, with the
exception of air intake or exhaust shafts not exceeding 0.5 metres
above finished grade.
c. Amenity Space
i) Minimum indoor amenity space per unit 2 square metres
ii) Minimum outdoor amenity space per unit 4 square metres
d. Regulations for Watermeter Building
i) Yard Requirements (minimum)
a) Setback from a private lane 1.3 metres
b) Setback from a public street 4.0 metres
c) Setback from south property line 2.4 metres
3. Schedule ‘3’ to By-law 84-63, is amended by changing the zone designation from
"Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R3-65) Zone"
and "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R4-46)
Zone" as illustrated on the attached Schedule ‘A’ hereto.
4. Schedule ‘A’ attached hereto shall form part of this By-law.
5. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and Section 36 of the Planning Act.
Passed in Open Council this _____ day of ____________, 2022
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk