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CICKingon Report
Planning Services
Meeting: General Purpose and Administration Committee
Date: September 22, 2014 Resolution: &pR -t3�l-t y-law:
Report: PSD-052-14 File: S-C-2012-0001 & ZBA 2012-0008
Subject: Applications for proposed Draft Plan of Subdivision and Rezoning to
permit 234 unit residential development
Applicant: 289143 Ontario Limited
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
a) That Report PSD-052-14 be received;
b) That the application for the proposed Draft Plan of Subdivision, submitted by 289143
Ontario Limited to permit the development of 234 residential units be supported, subject
to the conditions contained in Attachment 1 to Report PSD-052-14;
c) That the Zoning By-law Amendment application submitted by 289143 Ontario Limited be
approved as contained in Attachment 2 to Report PSD-052-14;
d) That once all conditions contained in the Official Plan and Zoning By-law with respect to
the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal
of the (H) Holding Symbol be approved;
e) That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-052-14
and Council's decision; and
f) That all interested parties listed in Report PSD-052-14 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by: `�`"'
David Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Municipality of Clarington
Report PSD-052-14 Page 2
Report Overview
A 234 unit draft plan of subdivision is recommended for approval. This greenfield
development contains a mix of low, medium and high density units south of Bloor Street
and east of Prestonvale Road in Courtice. A total of 0.67 ha of Robinson Creek
valleylands will be dedicated to the Municipality, in addition to a 0.22 ha parkette block.
The development will provide a diverse mix of housing options, and will assist the
Region of Durham and the Municipality of Clarington in achieving population and
housing targets in accordance with Growth Plan policies.
Application Details
1. Owner/Applicant: 289143 Ontario Limited
2. Agent: Tunney Planning Inc.
3. Proposal: Proposed Draft Plan of Subdivision
To allow the development of 234 residential units,
including 74 single detached residential units, and a
block able to accommodate up to 160 medium density
(townhouse) and high density (apartment) units, an
open space block and buffer, a parkette and roads.
Rezoning
To rezone the lands from the Agricultural (A) Zone to
appropriate zones that permit the uses as presented in
the draft plan of subdivision.
4. Area: 6.59 hectares
5. Location: Part of Lot 33, Concession 1, former Township of
Darlington (southeast corner of Bloor Street and
Prestonvale Road).
Background
6. 289143 Ontario Limited submitted applications for a proposed draft plan of
subdivision and rezoning on April 25, 2012 in order to develop a 7.16 hectare
parcel of land in the Courtice urban area, just north of the South Courtice Arena.
The limits of the subdivision have been reduced slightly to 6.59 hectares.
7. A public meeting was held on June 25, 2012, and a joint Public Information
Centre was held on November 29, 2012 for the purposes of providing information
and seeking input on the subject applications and applications by Prestonvale
Heights Limited at the northwest corner of Prestonvale Road and Bloor Street.
Municipality of Clarington
Report PSD-052-14 Page 3
8. Since the original submission, the draft plan of subdivision has been revised as
follows:
• Excluded the municipally-owned road allowance between Lots 32 and 33,
Concession 1.
• Adjusted development limits based on an additional site visit to determine
top-of-bank and limit of valleylands and woodlands.
• Provided access to medium density block from local road (Street `A') to
reduce conflicts along Prestonvale Road south of Bloor Street.
• Adjusted unit mix as follows:
Medium High
Density Density
Residential Residential
Low Density Residential Units Units Units
Single detached
units 15.0 m
semi-
detached Townhouse Apartment
9.3 m 10.0 m 11.3 m units units Units TOTAL
Original 32 n/a 37 22 73 75 239
Application
Recommended n/a 35 39 n/a 85 75 234
for approval
9. The applicant submitted the following studies in support of the application. These
are summarized in this report:
• Environmental Impact Study;
• Traffic Impact Study;
• Sustainability Letter;
• Geotechnical Report;
• Phase I Environmental Site Assessment;
• Functional Servicing Report;
• Stage 1, 2 & 3 Archaeological Assessment; and
• Noise Assessment.
Municipality of Clarington
Report PSD-052-14 Page 4
Land Characteristics and Surrounding Uses
10. The subject lands (Figure 1) are currently vacant and in agricultural production. A
part of the Robinson Creek Valley system runs along the east side of the
property.
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Figure 1: Aerial View of Site
11. The surrounding uses are as follows:
North: Vacant land within the Courtice Urban Area; existing dwellings
South: South Courtice Arena and Recreation Facility
East: Robinson Creek and valley system
West: Existing residential development and vacant lands designated and
zoned for residential development, including a block for high density.
Municipality of Clarington
Report PSD-052-14 Page 5
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Provincial Policy
Provincial Policy Statement
12. Settlement areas shall be the focus of growth. Land use patterns shall be based
on densities and a mix of land uses which efficiently use land, resources and
infrastructure and other public services. A full range of housing types and
densities are to be provided to meet the projected requirements of current and
future residents of the regional market area.
13. The Provincial Policy Statement encourages a compact built form which supports
the development of transportation systems that minimize the length and number
of vehicle trips and also supports the development of viable choices and plans for
public transit. Compact built form minimizes negative impact to air quality and
climate change and promotes energy efficiency.
Municipality of Clarington
Report PSD-052-14 Page 6
14. Healthy, active communities should be promoted by planning public streets,
spaces and facilities to be safe, meet the needs of pedestrians, foster social
interaction and facilitate active transportation and community connectivity.
15. Natural features and areas shall be protected for the long term. Development
shall not be permitted in, or adjacent to, significant woodlands and valleylands
unless it has been demonstrated that there will be no negative impacts.
16. The applications are consistent with the Provincial Policy Statement.
Growth Plan for the Greater Golden Horseshoe
17. The Growth Plan requires municipalities to manage growth, and encourages the
creation of complete communities that offer a mix of land uses, employment and
housing options, high quality open space, and access to stores and services.
Natural heritage features that complement, link or enhance natural systems shall
be identified and protected.
18. The subject lands are identified as Greenfield area, and outside of the Built-up
area. In greenfield areas, growth is to make efficient use of services and
infrastructure and be compact and transit-supportive. Reducing dependence on
the automobile through the development of mixed use, pedestrian-friendly
environments contributes to achieving complete communities.
19. The Growth Plan requires municipalities to achieve a minimum density target that
is not less than 50 residents or jobs per hectare in the designated greenfield area
and is measured across the Region of Durham. The subject development would
generate approximately 98 residents per hectare.
20. The applications conform to the objectives of the Growth Plan.
Official Plans
Durham Regional Official Plan
21. The Durham Regional Official Plan designates the subject lands as Living Area,
with an indication of Key Natural Heritage and Hydrologic Features. Lands
designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and
tenure. The natural environment, including Key Natural Heritage and Hydrologic
Features, shall be given paramount consideration in light of their ecological
functions and scientific, educational and health values.
22. Bloor Street is identified as a Type A Arterial Road and Prestonvale Road is a
Type C Arterial Road.
23. Bloor Street is also identified as a Regional Corridor within the Courtice urban
area limits. This designation was established to promote public transit ridership
Municipality of Clarington
Report PSD-052-14 Page 7
through well-designed developments that have a mix of uses at higher densities.
Development shall be sensitive to urban design considerations and shall be
oriented to the corridor, complemented by the consolidation of access points.
24. Regional Corridors shall have high density mixed use areas that support higher
order transit services and pedestrian oriented development. A long term density
target of 60 residential units per gross hectare and a floor space index of 2.5 is to
be supported. The built form should include a wide variety of building forms,
generally mid-rise in height with some higher buildings.
25. The subject applications conform to the Durham Regional Official Plan.
Clarington Official Plan
26. In the Clarington Official Plan the subject lands are designated as Urban
Residential with low, medium and high density residential. The land associated
with the Robinson Creek are designated Environmental Protection Area. The
lands are within the Bayview Neighbourhood, which has a population allocation
of 4500 and a housing unit target of 1625, including 300 medium density units
and 125 high density units.
27. The Environmental Protection Area designation reflects the location of the
watercourse and valleylands along the east side of the property. Significant
woodlands are also present on the subject lands leading to the requirement for
an Environmental Impact Study.
28. Bloor Street is a Type 'A' Arterial and Prestonvale Road is a Type 'C' Arterial.
Arterial roads:
• Provide full continuous movements;
• Limit private access;
• Provide for public transit vehicles and transit stops;
• Provide sidewalks on both sides; and
• Provide for cycling where possible.
29. The medium/high density block is part of a designated corridor. The Official Plan
contains corridor-specific urban design policies to encourage a high quality public
realm, connected and walkable orientation of buildings and to create a sense of
place in keeping with the character of the neighbourhood. These policies are
implemented through the Zoning By-law, and more substantially through Site
Plan Controls. The urban design policies support:
• Siting buildings near the street line to contribute to a sense of enclosure and
a strong street edge;
• Locating main building entrances close to the public sidewalk and main
street, so that they are accessible and visible;
Municipality of Clarington
Report PSD-052-14 Page 8
• Enhancing the built environment with attention to massing, building
articulation, architectural detail, the use of local materials and styles; and
• Enhancing the pedestrian environment with awnings, pedestrian scale
lighting, landscaping, benches and other street amenities.
30. The policies of Official Plan Amendment 77 encourage sustainable design by
promoting energy efficiency and conservation, higher densities, efficient use of
infrastructure, integration of transit and green development standards.
31. The applications conform to the Clarington Official Plan.
Zoning By-law
32. Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. A rezoning
application is required to place the lands in appropriate zones to permit the
development as shown on the proposed draft plan of subdivision.
Summary of Background Studies
Environmental Impact Study prepared by Niblett Environmental Associates Inc., March
2012 and addenda dated November 12, 2012, February 27, 2013, June 10, 2013 and
October 2, 2013
33. A three-season Environmental Impact Study was completed in support of the
applications. The Environmental Impact Study identified that the Robinson Creek
and valley system fulfils the function of a local corridor for wildlife movement.
Maintaining this corridor is very important in a highly fragmented landscape.
Significant woodland communities are located within the valley system and are
also recommended for protection. The development is well beyond any hazard
limit associated with the watercourse and steep slopes and beyond the 30 meter
buffer to Robinson Creek.
34. Following submission of the application and comments from the Central Lake
Ontario Conservation Authority, a site visit was conducted to revisit the top-of-
bank and development limit which resulted in a revised subdivision design and
reduced the unit yield.
35. Niblett Environmental Associates identified the top-of-bank and recommended a
5.0 metre buffer from staked top-of-bank, with a 10.0 metre buffer proximate to
Bloor Street that takes into consideration the location of the Dry-Fresh Ironwood
Deciduous Forest. The buffer area will accommodate a municipal trail.
36. The Environmental Impact Study identifies several Butternut Trees which are
endangered under the Ontario Endangered Species Act. Butternut Trees are
protected from harm or removal and approval is required from the Ministry of
Natural Resources to remove a tree.
Municipality of Clarington
Report PSD-052-14 Page 9
37. The Environmental Impact Study identifies one pure Butternut Tree in the
development area and proposes to apply to Ministry of Natural Resources for
removal and compensation at a 20:1 ratio with native pure stock from a Ministry
of Natural Resource approved nursery. Soil conditions are suitable to
accommodate compensation plantings within the protected areas to the east
given the prevalence of existing Butternut Trees in the woodland and valley
systems.
38. The Environmental Impact Study concludes with a number of recommendations
to protect the natural heritage features.
Traffic Impact Study prepared by GHD, October 23, 2012, and addendum dated March
14, 2013
39. Based on the results of the analysis, there are no current or future queuing
issues at the signalized intersections and the proposed site traffic can be
accommodated by the abutting road network.
40. The site is served by two transit routes in the area. One provides access to
Taunton Road and Harmony Road area, while the other provides access to the
Oshawa and Whitby GO stations.
41. The report does highlight that future traffic conditions at Prestonvale Road and
Meadowglade Road would be at Level of Service 'F' representing an at capacity
condition with congestion, severe delays and queuing for eastbound traffic,
turning left to travel north on Prestonvale Road. Since then, the Municipality of
Clarington has created a 4-way stop condition at this intersection.
42. The report finds some overlap between the weekday am and weekday pm peak
hour traffic and the operating hours of MacGillivray Public School and notes that
the issues are being addressed by the school board.
Sustainability Letter prepared by Tunney Planning Inc., dated May 23, 2012
43. The letter highlights the varying densities and that a third of the low density units
will be oriented for maximum passive solar gain.
44. Through the implementation of appropriate draft conditions, energy efficiency and
sustainable techniques will be addressed during infrastructure construction and
the building program.
Geotechnical Report prepared by Golder Associates, January 30, 2012
45. The report presents the results of a geotechnical investigation carried out for the
proposed development. The report determined the subsurface soil and shallow
groundwater conditions at the site by means of a limited number of shallow
boreholes. The report provides geotechnical engineering information for the
design of the proposed residential development at the site
Municipality of Clarington
Report PSD-052-14 Page 10
Phase I Environmental Site Assessment prepared by Golder Associates, September
2011
46. The Phase I Environmental Site Assessment finds no potentially contaminating
activities or areas of potential environmental concern in association with the site.
The site has been used solely for agricultural purposes and a Phase II
Environmental Site Assessment is not required.
Functional Servicing Report prepared by Sernas Associates, November 2011
47. The report finds that the servicing of the subject lands can be accomplished by
the following:
• The minor storm sewer system will be designed to convey the 5 year design
flows towards the existing Southwest Courtice Stormwater Management
Facility;
• Major system drainage will be directed overland to the existing Stormwater
Management Facility;
• Stormwater Management for the proposed development will be provided
within the existing Stormwater Management Facility;
• A sanitary sewer through the site will accommodate the development
connecting to the existing sewer on Prestonvale Road;
• The watermain distribution system for the proposed subdivision will consist
of watermains located within the road network, with looping accomplished
by connecting to the existing watermains;
• Lot grading will consist of front to rear drainage, and split drainage lots; and
• Sediment and Erosion Control practices will be implemented during
construction.
Stage 1-2 & 3 Archaeological Assessments, prepared by Northeastern Archaeological
Associates Ltd., dated February 8, 2012 and March 13, 2014
48. Some artifacts were found necessitating a Stage 3 assessment. It concluded
that further excavation is unlikely to be beneficial to the archaeological record of
Ontario.
49. Based on the information contained in the report, the Ministry of Tourism, Culture
and Sport is satisfied that the fieldwork and reporting for the archaeological
assessment are consistent with the Ministry's 2011 Standards and Guidelines for
Consultant Archaeologists and the terms and conditions for archaeological
licences. This report has been entered into the Ontario Public Register of
Archaeological Reports.
Municipality of Clarington
Report PSD-052-14 Page 11
Environmental Noise Assessment prepared by YCA Engineering Limited, dated
September 2011
50. The assessment addresses noise generated by vehicular traffic on Bloor Street
and Prestonvale Road. The report recommends mandatory air conditioning,
noise fences and warning clause for units proximate to Bloor Street and
Prestonvale Road. The windows and walls of all units do not require additional
building components, beyond Ontario Building Code requirements, in order to
mitigate noise.
51. The report recommends that prior to the issuance of a building permit for any
dwelling unit for which noise fence, ventilation or building component
requirements have been specified in the Noise Study and after the noise barrier
construction, a qualified engineer submit a letter to the Municipality indicating that
the recommended measures or acceptable alternatives have been incorporated
in the dwelling which satisfy the Ministry of Environment criteria.
52. An updated Environmental Noise Assessment will be required as a condition of
approval to consider the minor change to the subdivision design and to take into
account final grading of the subdivision. An assessment will also be required for
the medium/high density block at the time of applying for site plan approval.
Public Submissions
53. Prior to the public meeting, two residents contacted the Planning Services
Department regarding the applications. One resident requested further
information on the applications and the other resident had concerns about the
proposed high density development causing an increase in traffic volumes and
congestion and compromising pedestrian safety.
54. A public meeting was held June 25, 2012. One resident spoke in opposition to
the applications with concerns that the development is another example of urban
sprawl that would further impact schooling (over-crowding) and pedestrian safety.
Concerns were also raised about community safety overall, and the lack of
amenities such as gas stations, grocery stores and parks.
55. A joint Public Information Centre was held at Faith United Church in Courtice on
November 29, 2012. The Public Information Centre was held to discuss both the
subject applications, and applications at the northwest corner of Prestonvale
Road and Bloor Street. Notice of the Public Information Centre was mailed to
residents within 250 metres of the subject lands and approximately 40 residents
attended the Public Information Centre.
56. The following comments were received at the Public Information Centre and
following the Public Meeting:
• Reduction in availability of agricultural land in Courtice;
Municipality of Clarington
Report PSD-052-14 Page 12
• Integration of the 75 unit apartment building into the existing neighbourhood
through design and landscaping;
• Lack of amenities and services for the residents;
• Sporadic bus service;
• Concerned that roads would not be able to accommodate additional traffic;
• Lack of parkland in the neighbourhood;
• Increased impacts to on-street parking;
• Timing of completing traffic study and whether it was completed in winter
when hockey is in session;
• Objection to the apartment building because of school overcrowding and
increased traffic;
• Prefer development to be all single detached dwellings;
• Prefer condominium tenure versus rental;
• The land is better suited for a high school; and
• Noise/light pollution and environmental concerns.
Agency Comments
Durham Regional Planning
57. Durham Regional Planning recognizes that the proposed subdivision
development contributes to achieving compact urban development within the
Urban Area and provides housing opportunities consistent with the intent of the
Regional Official Plan. Regional Planning highlights the lands are part of a
Regional Corridor which has a long term density target of 60 residential units per
gross hectare, a floor space index of 2.5, and a variety of building forms being
mid-rise and higher as detailed in local Official Plans.
58. Durham Regional Works Department has provided the applicant with
confirmation on existing service connections in the area and has provided
comments on the preliminary functional servicing reports. A road widening and a
sight triangle are required along Bloor Street which is a regional road. The Works
Department has provided confirmation that the revised Traffic Impact Study has
addressed their comments. The proposal was reviewed from a transit
perspective and no impacts were highlighted.
59. The Region has no objections and has provided conditions to include in the
conditions of draft approval.
Central Lake Ontario Conservation Authority
60. Central Lake Ontario Conservation Authority provided a number of comments
relating to the review of the Environmental Impact Study and the Functional
Servicing Report. These comments were forwarded to the applicant and have
now been addressed.
Municipality of Clarington
Report PSD-052-14 Page 13
61. Central Lake Ontario Conservation Authority is now satisfied that the
development can proceed and has provided conditions to include in the
conditions of draft approval.
Kawartha Pine Ridge District School Board
62. Kawartha Pine Ridge District School Board has reviewed the proposed
applications and indicates that the development may generate up to 24
elementary pupils to attend Dr. G.J. MacGillivray Public School and up to 18
secondary pupils to attend Courtice Secondary School.
63. Kawartha Pine Ridge District School Board requests sidewalks along the south
side of Bloor Street and along the internal Street 'A'. The medium and high
density block should be designed with pedestrian connections to both Bloor
Street and Prestonvale Road at the site plan approval stage.
Other Agencies
64. Durham Region Transit, Enbridge Gas, Bell and Rogers Communications have
no objections to the proposed applications.
Departmental Comments
Clarington Engineering Services
65. Clarington Engineering Services accepts the findings of the Traffic Impact Study.
The department has no objections and notes that Street "A" within the proposed
draft plan can be a width of 18 metres, and must include the requested 5 metre
by 15 metre sight triangles.
66. The applicant demonstrated that sufficient on-street parking can be
accommodated along Street 'A'.
67. The Functional Servicing Report has provided adequate justification that the
lands can be suitably serviced by existing municipal water and sanitary services
in the area, and that there is sufficient capacity in the existing stormwater
management infrastructure, however additional justification from a stormwater
management perspective will be required as part of the site plan process for the
medium/high density block. The draft plan of subdivision must be constructed in
a single phase.
68. Engineering Services highlights that during the site plan review process for the
Medium and High Density Block 75, Engineering staff will review stormwater
management, parking, drive aisles, loading spaces and turning areas.
69. Warning clauses specific to the lit playing fields and possible future park
development are required for lots abutting the South Courtice Arena playing
fields.
Municipality of Clarington
Report PSD-052-14 Page 14
Clarington Operations
70. Clarington Operations has no objections but highlights that storm water
management will need to be addressed. For the medium and high density block,
snow storage areas and amenity space will be required as part of the site plan
review process.
Other Departments
71. Clarington Community Services, Emergency & Fire Services and the Clarington
Building Division have no concerns or objections with the proposed applications.
Discussion
72. The proposed draft plan provides a mix of units that complies with the density
and population targets of the Clarington Official Plan. The development would be
a sequential and logical extension of development that is occurring in the
neighbourhood and would make efficient use of servicing and road infrastructure
that exists in the area.
73. The mix of lots has been revised to include slightly larger frontages from the
original submission to ensure that entrances, driveways, snow storage and on-
street parking can be accommodated. Together with the medium/high density
block, the development will assist in providing a variety of housing options.
74. In the original submission, access to the medium/high density block was shown
directly from Prestonvale Road, however, in discussions with Engineering
Services, the entrance is now via Street `A', a local road. This is contrary to the
general direction in the Official Plan that access be directly off the arterial or
collector roads. In this instance, it allows for the entrance to the street and for the
entrance to the future high density block on the east side of Prestonvale Road to
be aligned.
75. A park block (0.22 hectares)will be dedicated to the Municipality. The owner will
be required to make a cash payment equal to the value of 0.55 hectares to fulfill
the remaining parkland requirements under the Planning Act.
76. The owner will be responsible for constructing a trail connection from the
medium/high density block at Bloor Street to the proposed parkette with access
to the South Courtice Arena and playing fields. The trail can be constructed
concurrently with the medium/high density block.
77. The revised Environment Impact Study has addressed all staff and agency
concerns. The watercourse, valleylands and significant woodland will be
protected with an additional 5-10 metre buffer in which the trail will be located.
The Environmental Impact Study concludes that a Butternut Tree is located
within parkette block and within the development limit. The Environmental Impact
Municipality of Clarington
Report PSD-052-14 Page 15
Study supports removal of the Butternut Tree and compensation at a 20:1 ratio
and in accordance with the Ministry of Natural Resource's guidelines.
78. Planning staff has consulted with the applicant and there may be an opportunity
to protect the tree in the parkette block without providing the required 25 metre
buffer as required by the Endangered Species Act. Should the tree be protected
within the parkette block, compensation at a 20:1 ratio is still required as the 25
metre buffer is not provided. Protection or removal of the tree will be confirmed at
the time of preparation of the Tree Preservation Plan which is required as a
condition of Draft Plan Approval.
79. Many of the public comments received were in objection to development, and
more specifically the proposed apartment units. Other principal concerns relate to
traffic and school overcrowding. The comments are addressed as follows:
• The proposed apartment units will conform to the approved high density
designation in the Clarington Official Plan and fulfill the corridor policies of
the Durham Regional Official Plan. Compact built form and higher densities
that can support public transit and alternative forms of transportation are
highly encouraged in Provincial, regional and local planning policy
documents.
• The findings of the Traffic Impact Study conclude that the development can
be accommodated by the existing road network. The study was completed
in October 2012 and revised in March 2013. The South Courtice Arena and
playing fields has programming 7 days a week, every week of the year,
therefore depending on the day of the week and time of day, peak traffic
volumes for the facility will vary. The findings of the Traffic Impact Study are
based on the weekday morning and evening peak periods for those area
residents commuting to and from work. The findings have been accepted by
the Region of Durham and the Clarington Engineering Services
Department.
• The medium/high density block will be required to provide on-site visitor
parking. The municipal standard is the provision of 1 visitor parking space
for every 4 residential units. This rate appears to be working well in many
other medium/high density developments to minimize potential of parking
spilling over into nearby streets in the neighborhood.
• The site is well-served by transit and other services and amenities. Transit
routes provide access to the Oshawa and Whitby GO sites and the
commercial area at Taunton and Harmony Roads in north Oshawa. Transit
service will improve as Courtice continues to grow. Retail and service
commercial uses are located at the nearby commercial centre. As
population growth continues in the area, retail and commercial growth will
also follow.
• The amount of parkland in the area satisfies the Official Plan targets used
for planning purpose and the medium/high density block will have both
indoor and outdoor private amenity space.
Municipality of Clarington
Report PSD-052-14 Page 16
• The Kawartha Pineridge District School Board is aware of the proposed
growth in the Official Plan and resident concerns. Kawartha Pineridge
District School Board has implemented some initiatives to address the
overcrowding concerns at Dr. MacGillivray, such as shifting Grade 7 and 8
students to Courtice Secondary School, proposing an eight classroom
expansion and completing onsite improvements to the driveway and school
bus lanes to improve circulation. The Board continues to monitor the
situation Kawartha Pineridge District School Board has no objection to this
development proceeding.
80. The proposed Zoning By-law Amendment will place the lands in site specific
residential zones to permit the units proposed by the draft plan of subdivision. A
minimum front yard setback of 7 metres will be required for the single detached
homes where there is no sidewalk to ensure sufficient space for 2 cars to park
(tandem) in front of the dwelling. In addition, the Zoning by-law has been drafted
with a holding provision on Block 75. Prior to passing a by-law to remove the
Holding (H) provision for the development of the medium density units in Block
75, in addition to the typical servicing and development agreement requirements,
the footing and foundation of the high density/apartment building must be
completed.
81. The applicant has provided concurrence with the attached proposed conditions of
Draft Approval.
82. All taxes owing to the Municipality of Clarington have been paid in full.
Concurrence
83. Not Applicable
Conclusion
84. In consideration of all agency, staff and public comments, it is respectfully
recommended that proposed draft plan of subdivision and zoning by-law
amendment be approved.
Strategic Plan Application
85. Not Applicable.
Staff Contact: Anne Taylor Scott, Planner II, 905-623-3379 ext. 2414 or
ataylorscoft@clarington.net
Attachments:
Attachment 1 - Proposed Conditions of Draft Approval
Attachment 2 - Proposed Zoning By-law Amendment
Municipality of Clarington
Report PSD-052-14 Page 17
The following is a list of the interested parties to be notified of Council's decision is on
file in the Planning Services Department:
289143 Ontario Ltd.
Tunney Planning Inc.
Stacy Howson
Michael deBeaupre & Jill Alley-deBeaupre
Janice Jones
Prestonvale Heights Neighbourhood Association
Michelle Speelman Viney & Peter Viney
Chris Boileau
Pat Brancato
Jason Riddell
James Beddell
Ashok Dhir
Enid DeCoe
John Da Silva
Jackie Adams
Lisa Lucchese
Michelle Breault
Cherise Rooney
Thomas Robinson
Ken Dean
Jennifer Wilson
Peter Crocker
Hannu Halminen
Lauren Calloway
Ami Kennedy
Vincenzo Nesci
Ryan & Heather Harper
Michelle Courville
Jeff Gallaugher
Brian Elston
Susan Vialva
Jim Oleksiuk
Victoria Ryszkowski
Maureen & Chris Edwards
Mike Dingman
Janie Kelloway
Jonathan Panyan
Shiu Wong & Ford Wong
Carrie Falik
Steve Phillips
Attachment 1
Municipality of Clarington To Report PSD-052-14
CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C-2012-0001
DATE: SEPTEMBER 8, 2014
Part 1 - Plan Identification
1. The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2012 prepared by Tunney Planning Inc. identified as job
number TUN228-4, dated February 2012, as revised in January 2014,which
illustrates a total of 234 residential units on 6.59 hectares, including: a
high/medium density block (160 townhouse and apartment units), 35 single
detached dwelling lots with minimum lot frontages of 10.0 metres, 39 single
detached dwelling lots with minimum lot frontages of 11.3 metres, a parkette block
(0.22 ha), open space (0.67 ha), roads, road widening and reserves.
The redline revisions are:
• Revise right of way width of Street 'A' to be 18 metres.
Part 2 — General
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the "Municipality") that contains all of the terms and
conditions of the Municipality's standard subdivision agreement respecting the
provision and installation of roads, services, drainage, other local services and all
internal and external works and services related to this plan of subdivision. A copy
of the Municipality's standard subdivision agreement can be found at
http://clarington.net/documents/planning/subdivision-agreement-feb20l4.pdf
2.2 The Owner shall name all road allowances included in the draft plan to the
satisfaction of the Municipality and the Regional Municipality of Durham (the
"Region").
2.3 All works and services must be designed and constructed in accordance with the
Municipality's Design Guidelines and Standard Drawings.
2.4 The subject draft plan of subdivision shall be constructed in a single phase of
development.
Architectural Control
2.5 (1) The Owner shall be 100% responsible for the cost of any architectural design
guidelines specific to this development, as well as 100% of the cost for the
"Control Architect" to review and approve all proposed models and building
permits, to the satisfaction of the Director of Planning Services.
(2) No residential units shall be offered for sale to the public on the draft plan
until such time as architectural control guidelines and the exterior architectural
design of each building has been approved by the Director of Planning Services.
(3) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the architectural control guidelines for
the development and the exterior architectural design of each building and the
location of the building on the lot has been approved by the Director of Planning
Services.
Marketing and Sales
2.6 (1) Prior to executing the subdivision agreement, the Owner shall prepare a
Land Use Plan which shows the draft plan and surrounding land uses. The Land
Use Plan shall be in a format approved by the Director of Planning Services.
(2) The Owner shall erect and maintain a sign on the development site and/or in
the sales office which shows the Land Use Plan as approved by the Director of
Planning Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning Services which includes all warning clauses/ notices prior to
any residential units being offered for sale to the public.
(4) The Owner shall prepare and submit a Homeowner's Guide for the purposes
of educating prospective purchasers about the environmentally sensitive features
in the neighbourhood.
Site Alteration
2.7 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Engineering Services regarding the intended haulage routes,
the time and duration of the site alteration work and security relating to mud clean
up, dust control and road damage. After registration of a subdivision agreement,
the provisions of the Municipality's standard subdivision agreement shall apply to
any proposed site alteration on the lands covered by the subdivision agreement.
Part 3 - Final Plan Requirements
3.1 The following road allowances shown on the draft plan shall be dedicated to the
Municipality upon registration of the final plan:
(a) Street 'A'
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) Sight Triangles
• 5 metre x 15 metre sight triangles at the corners and intersection of
Lots 1, 38, 39, Block 75 and Street 'A' on the draft plan.
(b) Reserves
• 0.3 metre reserves shown as Blocks 80, 81 and 82 on the draft plan.
(c) Parkland Dedications
• Park area shown as Block 76 on the draft plan.
(d) Open Space Lands as shown in Blocks 77 and 78 on the draft plan.
3.3 The Owner shall transfer to the Region (for nominal consideration, free and clear
of encumbrances and restrictions) the following lands and easements:
(a) Road widening along Bloor Street Frontage to provide for a minimum of 18
metres from the centreline of the original right-of-way (Block 79) in addition to
a 5 metre x 15 metre sight triangle at the southeast corner of Bloor Street
and Prestonvale Road
Part 4— Plans And Reports Required Prior To Subdivision Agreement/Final Plan
Registration
4.1 The Owner shall submit the following plans and reports or revisions thereof:
Removal and replanting of Butternut Trees
(1) The Owner shall submit a copy of a Section 17 Overall Benefit Permit from the
Ministry of Natural Resources to remove Butternut Tree (number 9) and replace at
a 20:1 ratio, as identified by Environmental Impact Study—Addendum, dated
February 27, 2013, by Niblett Environmental Associates Ltd.
Planting Plan
(2) The Owner shall submit a planting plan for the buffer prepared by a qualified
landscape architect to the satisfaction of the Director of Engineering Services and
the Central Lake Ontario Conservation Authority. The plan shall use only native
species of trees, shrubs and herbaceous plants and be designed to include only
species indigenous to the local area. A native upland meadow seed mix shall be
applied to the buffer area, where necessary, as part of the landscape plan. The
planting plan shall also include planting details of compensation trees for the
removal of Butternut Tree (number 9).
Tree Preservation Plan
(3) The Owner shall submit a detailed Tree Preservation Plan based on the
Environmental Impact study and preliminary Lot Grading Plan to the satisfaction of
the Director of Engineering Services and Director of Planning Services. The Tree
Preservation Plan shall consider the ability to protect the Butternut Tree in the
parkette block. No trees shall be removed until the Director of Engineering
Services issues an Authorization to Commence.
Noise Report
(4) The Owner shall submit to the Director of Engineering Services, the Director of
Planning Services and the Region, for review and approval, an updated noise
report, based on the preliminary noise report entitled Environmental Noise
Assessment, prepared by YCA Engineering Limited, dated September 2011,
Project No. Y1125. The mitigation measures shall be included in the Subdivision
Agreement and must also contain and full and complete reference to the noise
report (i.e. author, title, date and any revisions/addenda) and shall include any
required warning clauses identified in the study.
Functional Servicing
(5) The Owner shall submit an updated Functional Servicing Report consistent with
the recommendations of the Environmental Impact Study, and satisfactory to the
Director of Engineering Services and Central Lake Ontario Conservation
Conservation Authority.
Environmental Sustainability Plan
(6) The Owner shall submit an Environmental Sustainability Plan to the satisfaction of
the Director of Planning Services. Such plan shall identify the measures that the
Owner will undertake to conserve energy and water in excess of the standards of
the Ontario Building Code, reduce waste, increase recycling of construction
materials and utilize non-toxic, environmentally sustainable materials and finishes.
The plan shall include the location of a shade tree for each lot, or provision for a
voucher from a local nursery to allow the purchaser to acquire a shade tree to
provide passive solar gain during the various seasons.
Soils Management Plan
(7) Prior to final registration, the Owner shall provide a Soils Management Plan for
review and approval by the Director of Engineering Services. Such plan shall
provide information respecting 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.
The Owner shall comply with all aspects of the approved Soils Management Plan.
The Director may require the Owner to provide security relating to mud clean up,
dust control and road damage.
Part 5 — Special Terms And Conditions To Be Included In The Subdivision
Agreement
Environmental Impact Study prepared by Niblett Associates (March 2012) and addenda
dated February 27, 2013, June 10, 2013 and October 2, 2013)
5.1 1) The development limit has been defined on the constraint map based on the top
of bank and an analysis of natural features. A silt and snow fence shall be installed
and maintained along the development limit prior to any site preparation activities.
2) Grading of the site and removal or addition of fill shall be restricted to the area
outside the setback fencing and the 5 m buffer. Functioning sediment control
measures must be in place prior to, and during the construction phase, and remain
in place until all bare or exposed soils have become stabilized (i.e. vegetated).
3) Stockpiling of material (stored or excavated), placing of stumps or any other
works shall not be permitted outside the development envelope.
4) A planting plan for the buffer should be prepared in accordance with Condition
4.1 (2).
5) Retain the butternuts east of the development limit. Implement a planting plan
on site for butternut compensatory plantings as part for removal of trees west of
the development limit, subject to MNR approval.
6) Prior to any land clearing, a sediment and erosion control plan shall be prepared
for the site preparation, construction and post construction period to prevent
negative impacts on the watershed.
7) Grading shall be scheduled to avoid times of high runoff volumes (spring and
fall).
8) Time clearing of vegetation outside of the May 1 st-July 31 st timing window for
breeding birds as per Environment Canada guidelines.
9) No stockpiles, brush, stumps or other construction materials or vehicles are
permitted outside the developable area (below the 5 m buffer and top of bank)
10) Permanent chain link fencing shall be erected on the rear of the lots and park
block to prevent access.
11) The field stone piles at the field edge will be pushed/moved to the open
space/buffer lands to maintain potential milk snake habitat. This should occur
outside of the hibernaculum occupation season (Oct. 1— May 1).
Lands Requiring Site Plans
5.2 The owner shall not make an application for a building permit in respect of Block
75 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.
Parkland
5.3 The Owner shall convey Block 76 (0.22 ha) to the Municipality for park or other
public recreational purposes in accordance with section 51.1 of the Planning Act,
R.S.O. 1990, c.P.13.
5.4 The Owner shall pay the Municipality an amount in lieu of conveying land for park
or other public recreational purposes under section 51.1 of the Planning Act,
R.S.O. 1990, c.P.13. The Owner acknowledges that this amount represents the
value of the land that would otherwise be required to be conveyed at the rate of 1
hectare of land for each 300 dwelling units in the draft Plan, less the area/value of
the dedication of Block 76 (0.22 ha), as of the day before the approval of draft Plan
of Subdivision S-C-2012-0001.
5.5 (1) In this section, "Park Plan" means a plan prepared by a qualified landscape
architect showing:
(a) all proposed park features including walkways, playgrounds, sports
fields and seating areas; and
(b) the proposed grading and stormwater drainage system to demonstrate
that the proposed park size, configuration and topography will allow for the
construction of park facilities.
(2) An Authorization to Commence shall not be issued for any Works until the
Owner has submitted and the Director has approved the Park Plan.
(3) The Owner shall construct, and ensure the Engineering Drawings incorporate
the final grades for the park including 200 mm minimum topsoil and seeding,
fencing, all storm sewer servicing within the park and provision of sanitary
sewer, water connections and hydro service to the park property line along
the park frontage.
(4) For purposes of the Subdivision Agreement, all works under the section
5.8(3) are considered a separate Works Component with a minimum
maintenance period of 2 years.
Noise Attenuation
5.6 (1) The Owner shall implement the noise attenuation measures recommended in
the noise report entitled Environmental Noise Assessment, prepared by YCA
Engineering Limited, dated September 2011, Project No. Y1125 and any
addenda thereto. The measures shall be included in the Subdivision
Agreement and must also contain and full and complete reference to the
noise report (i.e. author, title, date and any revisions/addenda) and shall
include any required warning clauses identified in the study.
(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.
Fencing and Trail
5.7 (1) The Owner shall install non=gated fencing along the eastern boundary of the
Medium/High Density Block 75 (except where access is provided to the trail
in Block 77), along the eastern boundaries of Lots 55 to 62, inclusive, along
the southern boundaries of Lots 1 to 21, inclusive, along the southern
boundary of Lot 55, and the eastern boundary of Lot 21 adjacent to the
Parkette Block 76, and along the eastern and southern limits of the Parkette
Block 76. Final fencing requirements and gates/openings to be determined
by the satisfaction of the Director of Engineering Services. Fencing along
Block 75 may occur in conjunction with the development of said Block.
(2) The Owner agrees to construct, and ensure the Engineering Drawings
incorporate an asphalt trail having a width of 3.0 m from a future amenity
area on Block 75 to the south limit of the Parkette Block 76. Final alignment
of the trail shall be in accordance with the provisions of the Environmental
Impact Study and addenda and to the satisfaction of the Director of
Engineering Services and the Central Lake Ontario Conservation Authority.
(3) The construction of the trail may occur concurrently with the development of
Block 75.
Part 6 —Agency Conditions
6.1 Region of Durham
(1) The Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan
that are required to service this plan. In addition, the Owner shall provide for
the extension of sanitary sewer and water supply facilities within the limits of
the plan which are required to service other developments external to this
subdivision. Such sanitary sewer and water supply facilities are to be
designed and constructed according to the standards and requirements of
the Region. All arrangements, financial and otherwise, for said extensions
are to be made to the satisfaction of the Region, and are to be completed
prior to final approval of this plan.
(2) Prior to entering into a subdivision agreement, the Region shall be satisfied
that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
(3) The Owner shall grant to the Region any easements required for provision of
Regional services for this development and these easements shall be in the
location and of such widths as determined by the Region.
(4) 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.
(5) The Owner shall carry out an archaeological assessment (Stage 3) of the
subject property and mitigation and/or salvage excavation of any significant
heritage resources to the satisfaction of the Ministry of Tourism, Culture and
Sport. No grading or other soil disturbance shall take place on the subject
property prior to a letter of clearance from the Regulatory and Operations
Group of the Ministry of Tourism, Culture and Sport.
6.2 Conservation Authority
(1) Prior to any on-site grading or construction of final registration of the Plan,
the Owner shall submit and obtain approval from the Municipality of
Clarington, and the Central Lake Ontario Conservation Authority for reports
describing the following:
(a) The intended means of conveying stormwater flow from the site,
including use of stormwater techniques which are appropriate and in
accordance with current and provincial guidelines and requirements;
(b) The anticipated impact of the development on water quality, as it relates
to fish and wildlife habitat once adequate protective measures have
been taken; and
(c) The means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with
the provincial guidelines. The report must outline all actions to be taken
to prevent an increase in the concentration of solids in any water body
as a result of on-site or other related works.
(2) The owner shall dedicate the Open Space Block 78 and Tableland Buffer
Block 77 to an appropriate public agency, such as the Municipality of
Clarington.
(3) The Owner shall place Open Space Block 78 and Tableland Buffer Block 77
in a protective zone.
(4) The owner shall install non-gated fencing along the eastern boundary for
the Medium/High Density Block 75, and along the eastern boundaries of
Lots 55 to 62, inclusive, as well as along the boundary of the Parkette Block
76 adjacent to the valley to the satisfaction of CLOCA, and the Director of
Engineering Services in accordance with Condition 5.7 (1).
(5) The Owner agrees to carry out the requirements and recommendations of
the Environmental Impact Study for the Eastvale Subdivision Prestonvale
Road, prepared by Niblett Environmental Associates Inc., dated March
2012 and the EIS Addendum documents dated February 2013, June 10,
2013 and October 2, 2013.
(6) 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.
(7) 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 6.2
(1), (2), (3), (4), (5) and (6)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.
c. The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to the commencement of grading or initiation of
any on-site works.
6.3 Ministry of Culture, Tourism and Sport
(1) No demolition, grading or other soil disturbances shall take place on the
lands prior to the Ministry of Culture, Tourism and Sport confirming that
potential adverse impact to the archaeological resources identified in the
archaeological assessment prepared by Northeastern Archaeological
Associates Ltd., and dated February 8, 2012, including a Stage 3
Assessment, have been addressed through measures such as
preservation, resource removal, licensing and resource conservation
requirements.
6.4 Utilities
(1) The Owner shall coordinate the preparation of an overall utility distribution
plan that allows for the safe installation of all utilities including the
separation between utilities to the satisfaction of the Director of
Engineering Services.
(2) All utilities will be installed within the proposed road allowances. Where
this is not possible, easements will be provided at no cost to the utility
provider. Proposed easements are not permitted on lands owned by the
Municipality unless it can be demonstrated that there is no other
alternative. Such easements must not impede the long term use of the
lands and will be at the discretion of the Director of Engineering Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed
underground for both primary and secondary services.
Part 7 — STANDARD NOTICES AND WARNINGS
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
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:
Noise Attenuation and Fencing
The Owner shall include notices regarding noise attenuation measures in the
Agreements of Purchase and Sale for lots as recommended in the noise report
entitled Environmental Noise Assessment, prepared by YCA Engineering
Limited, dated September 2011, Project No. Y1125 and any addendum thereto.
The measures shall be included in the Subdivision Agreement and must also
contain full and complete reference to the noise report (i.e. author, title, date and
any revisions/addenda) and shall include any required warning clauses identified
in the study.
Nearby Farm Operations
The Owner shall include the following warning clause in agreements of purchase and
sale for Lots 1-74, and Block 75:
Farm Operations—There are existing farming operations nearby and that
such farming activities may give rise to noise, odours, truck traffic and
outdoor lighting resulting from normal farming practices which may
occasionally interfere with some activities of the occupants.
Nearby Park
The Owner shall include the following warning clause in agreements of purchase and
sale for Lots 1-21 and 55:
Park-Adjacent lands are designated for parkland uses, including the
existing South Courtice Arena, municipal playing fields, and a parkette
block xx, 40M-xxxx. Adjacent municipal playing fields contain active
lighted facilities for night-time services. Additional park development
and/or expansions to existing municipal facilities may occur on municipal
lands.
Chain Link Fencing
The Owner shall include the following notice in the agreements of purchase and sale for
Lots 1-21, inclusive, 55-62, inclusive, and Block 75:
Chain Link Fencing— Chain link fencing is a required feature between
this lot and the adjacent park and open space/trail. This fencing must be
located on the public portion of the abutting land and will be maintained by
the Municipality after the developer has been released from any further
responsibility for the fence.
Part 8 - CLEARANCE
8.1 Prior to final approval of the plan for registration, the Municipality's Director of
Planning Services shall be advised in writing by,
(a) the Region how Conditions 1, 2.4, 4.1(4) and 6.1 have been satisfied;
(b) Central Lake Ontario Conservation Authority, how Condition 6.2 has been
satisfied; and,
(c) Ministry of Citizenship, Culture and Recreation, how Conditions 6.3 has
been satisfied.
Part 9 - NOTES TO DRAFT APPROVAL
9.1 Terms used in these conditions that are not otherwise defined have the meanings
given to them in the Municipality's standard subdivision agreement.
9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn
at any time prior to final approval.
9.3 If final approval is not given to this plan within three years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the file
shall be closed. Extensions may be granted provided valid reason is given and is
submitted to the Director of Planning Services for the Municipality of Clarington
well in advance of the lapsing date.
9.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, Ontario L1 N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
(c) Ministry of Citizenship, Culture and Recreation, Culture Programs Unit,
Programs and Services Branch, Culture Division, 401 Bay Street, Suite 1700,
Toronto, Ontario, M7A OA7
Attachment 2
Municipality of Clarington to Report PSD-052-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2012-0008;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 15.4"SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE FOUR(R4)
ZONE" is hereby amended by adding thereto, the following new Special Exception:
"15.4.38 URBAN RESIDENTIAL EXCEPTION (R4-38)ZONE
Notwithstanding Sections 2, 3.16 a., 15.1 a., 15.2 a., 15.2 b., and 15.2 c., on those
lands zoned "R4-38" on the Schedules to this By-law, in addition to the permitted
residential uses may also be used for Link Townhouse Dwelling units, and subject
to the following zone provisions:
a. i) Maximum total number of dwelling units 160
ii) Apartment units (minimum) 70
(maximum) 80
b. Regulations for Apartment Building
i) Lot frontage (minimum) 6 metres
ii) Yard Requirements(minimum)
(a) Northerly (adjacent to Bloor St) 6 metres to building,
4 metres to balcony
(b) Easterly 7.5 metres
(c) Westerly(adjacent to Prestonvale Road) 6 metres to building,
4 metres to balcony
(d) Southerly 6 metres to building,
4 metres to balcony
(e) Adjacent to abutting residential lot 12 metres
iii) Yard Requirements(maximum)
(a) Northerly(adjacent to Bloor St) 9 metres to building,
7 metres to balcony
(b) Westerly (adjacent to Prestonvale Road) 9 metres to building,
7 metres to balcony
iv) Amenity Space(minimum)
(a) Outdoor 4.0 square metres per unit
(b) Indoor 2.0 square metres per unit
v) Parking spaces (minimum)
(a) 1 bedroom apartment 1.25 spaces
(b) 2 bedroom apartment 1.5 spaces
(c) 3 or more bedroom apartment 1.75 spaces
c. Regulations for Link Townhouse Dwellings
i) Lot frontage(minimum) 6 metres
ii) Yard Requirements(minimum)
(a) Northerly(adjacent to Bloor St) 4 metres to building,
2 metres to porch
(b) Easterly 7.5 metres
(c) Westerly (adjacent to Prestonvale Road) 4 metres to building,
2 metres to porch
(d) Southerly 4 metres to building,
2 metres to porch
(e) Adjacent to abutting residential lot 7.5 metres
iii) Yard Requirements (maximum)
(a) Westerly (adjacent to Prestonvale Road) 6 metres to building,
4 metres to porch
(b) Southerly 6 metres to building,
4 metres to porch
iv) Parking spaces (minimum) 2.25 spaces per dwelling
v) Unit Setback Requirements(minimum)
For the purposes of establishing regulations for each Linked Townhouse
Dwelling, the following specific regulations shall apply as if each unit is
located on a lot:
(a) Minimum Lot area 175 square metres
(b) Maximum Lot coverage 50%
(c) Minimum Landscaped Open Space 30%
(d) in the case of a through lot, the lot line dividing the lot from a public
street shall be deemed to be the front lot line.
(e) Yard Requirements
(i) Front Yard (minimum)
a. Garage 6.0 metres
b. Dwelling 4.0 metres
C. Porch 2.0 metres
(ii) Rear Yard (minimum) 7.5 metres
(iii) Side Yard (minimum) 1.5 metres,
Nil where a building has a
common wall with any building
on an adjacent lot in the same
zone.
e. The provisions of Section 3.1 j. (iv) continue to apply, except where they are in
conflict with the yard requirements for a balcony as specified in Section 15.4.38
b. ii) and iii), and for a porch in Section 15.4.38 c. ii) and iii) of this exception
zone.
f. In addition to the regulations of Section 3.11 with respect to the removal of the
"Holding (H)" symbol, Council shall only enact a by-law to remove the Holding
(H)symbol from the portions of the lands zone(H)R4-38 to be used for medium
density once the footing and foundation of the high density/apartment building
portion of the zone is completed."
2. Section 13.4 SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE TWO (R2)
ZONE is hereby amended by adding thereto, the following new Special Exception:
"13.4.65 URBAN RESIDENTIAL EXCEPTION (R2-79)ZONE
Notwithstanding Sections 3.1 j. i), iv), 3.22, 13.2 a., b., c. i), ii), iii), e., g. and h.those
lands zoned R2-65 on the Schedules to this By-law shall be subject to the following
regulations:
a. Lot Area (minimum) 300 square metres
b. Lot Frontage (minimum)
i) Interior Lot 10.0 metres
ii) Exterior Lot 13.0 metres
C. Yard Requirements
i) Front Yard 6.0 metres to private garage
or carport except where there
is no sidewalk in front of the
dwelling 7.0 metres to the
private garage or carport; 4.0
metres to dwelling; 2.0 metres
to porch
ii) Exterior Side Yard 6.0 metres to private garage or
carport except where there is
no sidewalk in front of the
dwelling 7.0 metres to the
private garage or carport; 4.0
metres to dwelling; 2.0 metres
to porch
iii) Interior Side Yard With private garage or carport
1.2 m on one side; 0.6 metres
on the other side; Without
private garage or 3.0 metres
on one side 0.6 metres on the
other side
d. Special Yard Regulation
i) Bay windows with foundation may project into any yard to a distance of
not more than 0.75 metres with the bay window having a maximum width
of 2.4 metres but in no instance shall the interior side yard be reduced
below 0.6 metres.
ii) Steps may project into the required front or exterior side yards, but in no
instance shall the front or exterior yard be reduced below 1.0 metre
iii) Visibility Triangle (minimum) 6.5 metres
e. Lot Coverage (maximum)
i) 1 Storey
a) Dwelling 50 percent
b) Total of all buildings and structures 55 percent
ii) All Other Residential Units
a) Dwelling 40 percent
b) Total of all buildings and structures 45 percent
iii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable space above it, shall be
permitted subject to the following:
a) in the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided it is
located in the front yard of the lot and shall not be calculated as lot
coverage;
b) in the case of an exterior lot, an unenclosed porch/balcony up to a
maximum area of 20 sq. metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot and shall not be
calculated as lot coverage.
f. Height of floor deck of unenclosed porch
above finished grade (maximum) 1.0 metre
g. Driveway Width (maximum) 4.6 metres
h. Height(maximum)
i) 1 Storey 8.5 metres
ii) All other residential units 10.5 metres
i. Garage Requirements:
i) All garage doors shall not be located any closer to the street line than the
dwellings front wall or exterior side wall or covered porch projection.
ii) The outside width of the garage shall be a maximum of 40%of the width of
the lot.
3. Section 13.4 SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE TWO (R2)
ZONE is hereby amended by adding thereto, the following new Special Exception:
"13.4.65 URBAN RESIDENTIAL EXCEPTION (R2-80)ZONE
Notwithstanding Sections 3.1 j. i), iv), 3.22, 13.2 a., b., c. i), ii), iii), e., g. and h. and
those lands zoned R2-66 on Schedules to this By-law shall be subject to the following
regulations:
a. For the purposes of this Section, the terms single car detached garage and
double car attached garage shall mean:
Single Car Detached Private Garage: means a portion of a dwelling which is
fully enclosed and roofed and designed for the sheltering of one motor vehicle
as a parking space. Incidental storage of household equipment is also
permitted.
Double Car Attached Private Garage: means a portion of a dwelling which is
fully enclosed and roofed and designed for the sheltering of two motor vehicles
as parking spaces. Incidental storage of household equipment is also permitted.
b. Regulations for dwelling with single car attached private garage:
I) Lot Area (minimum) 330 square metres
ii) Lot Frontage (minimum)
a) Interior Lot 11.0 metres
b) Exterior Lot 14.0 metres
C. Regulation for dwelling with double car attached garage:
i) Lot Area (minimum) 330 square metres
ii) Lot Frontage (minimum)
a) Interior Lot 11.3 metres
b) Exterior Lot 14.3 metres
d. Yard Requirements:
i) Front Yard 6.0 metres to private garage
or carport except where there
is no sidewalk in front of the
dwelling 7.0 metres to the
private garage or carport; 4.0
metres to dwelling; 2.0 metres
to porch
ii) Exterior Side Yard 6.0 metres to private garage or
carport except where there is
no sidewalk in front of the
dwelling 7.0 metres to the
private garage or carport; 4.0
metres to dwelling; 2.0 metres
to porch
iii) Interior Side Yard With private garage or carport
1.2 metres on one side; 0.6
metres on the other side
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
e. Special Yard Regulation:
i) Bay windows with foundation may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 2.4 metres but in no instance shall the interior side yard
be reduced below 0.6 metres.
ii) Steps may project into the required front or exterior side yards, but in no
instance shall the front or exterior yard be reduced below 1.0 metre.
iii) Visibility Triangle (minimum) 6.5 metres
f. Lot Coverage (maximum)
i) 1 Storey
a) Dwelling 50 percent
b) Total of all buildings and structures 55 percent
ii) All Other Residential Units
a) Dwelling 40 percent
b) Total of all buildings and structures 45 percent
iii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable space above it, shall
be permitted subject to the following:
a) in the case of an interior lot, an unenclosed porch/balcony up
to a maximum area of 12.0 square metres shall be permitted
provided it is located in the front yard of the lot and shall not be
calculated as lot coverage;
b) in the case of an exterior lot, an unenclosed porch/balcony up
to a maximum area of 20 sq. metres shall be permitted provided
it is located in the front and/or exterior side yard of the lot and
shall not be calculated as lot coverage.
g. Height of floor deck of unenclosed porch above
finished grade (maximum) 1.0 metre
h. Height(maximum)
i) 1 Storey 8.5 metres
ii) All other residential units 10.5 metres
i. Garage Requirements
i) All garage doors shall not be located any closer to the street line than the
dwellings front walls or exterior side wall or covered porch projection.
ii) The outside width of the garage shall be a maximum of 53% of the width
of the lot."
4. Schedule "4"to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Agricultural(A)Zone"to"(H)Holding-Urban Residential Exception((H)R2-79)
Zone";
"Agricultural (A)Zone"to"(H)Holding-Urban Residential Exception ((H)R2-80)
Zone";
"Agricultural (A)Zone"to"(H)Holding-Urban Residential Exception((H)R4-38)
Zone"; and
"Agricultural (A)Zone"to"Environmental Protection (EP)Zone"
as illustrated on the attached Schedule"A"hereto.
5. Schedule "A"attached hereto shall form part of this By-law.
6. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and Section 36 of the Planning Act.
BY-LAW passed in open session this day of '2014.
Adrian Foster, Mayor
C.Anne Greentree, Municipal Clerk
This is Schedule to By-law
passed day •
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