HomeMy WebLinkAboutPSD-046-16 Planning Services
Report
If this information is required in an alternate accessible format, please contact the
Municipal Clerk at 905-623-3379 ext. 2102.
Report To: Planning and Development Committee
Date of Meeting: June 6, 2016
Report Number: PSD-046-16 Resolution Number:
File Number: S-C 2011-0002 & ZBA 2011-0012 By-law Number:
Report Subject: Application by Dunbury Developments (Regional) Ltd. to
develop between 237 to 301 Unit Residential Plan of
Subdivision in the Brookhill Neighbourhood of Bowmanville
Recommendations:
1. That Report PSD-046-16 be received;
2. That Council request the Ontario Municipal Board to approve:
a) the application for Draft Plan of Subdivision S-C 2011-0002, submitted by
Dunbury Developments (Regional) Ltd. subject to conditions as contained in
Attachment 2; and
b) the Zoning By-law Amendment application submitted by Dunbury
Developments (Regional) Ltd. as contained in Attachment 3;
3. 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 forwarded to Council for
approval;
4. That the Ontario Municipal Board, Region of Durham Planning and Economic
Development Department and Municipal Property Assessment Corporation be
forwarded a copy of Report PSD-046-16 and Council’s decision; and
5. That all interested parties listed in Report PSD-046-16 and any delegations be
advised of Council's decision
Municipality of Clarington
Report PSD-046-16 Page 2
Report Overview
This report is requesting Council support for a proposed Draft Plan of Subdivision that has
been appealed to the Ontario Municipal Board. The subdivision proposes a range between
237 to 301 residential units in the Brookhill Neighbourhood of Bowmanville. This greenfield
proposal by Dunbury Developments (Regional) Ltd. contains single detached lots, semi-
detached dwelling lots, street townhouse units and two mixed use blocks including a range of
46-81 residential units in each block for street or stacked townhouses, live-work units, small
apartment buildings and limited ground floor commercial. A 0.78 hectare parkette and
landscape strip adjacent to Regional Road 57 will be dedicated to the Municipality. The Plan
of Subdivision is consistent with the Brookhill Neighbourhood Secondary Plan and the
Clarington Official Plan.
1. Application Details
1.1 Applicant: Dunbury Developments (Regional) Ltd.
1.2 Agent: GHD
1.3 Proposal Proposed Draft Plan of Subdivision
237 to 301 unit residential Plan of Subdivision consisting of 53 single
detached dwelling lots, 14 semi-detached dwelling lots for 28 units, 58
townhouse units, two mixed use blocks containing a total of 98-162
multi-residential units, a parkette and a landscape strip adjacent to
Regional Road 57.
Proposed Zoning By-law Amendment
To rezone the subject lands from "Agricultural (A)" to implement the
proposed Plan of Subdivision.
1.4 Area: 11.98 hectares
1.5 Location: 2278, 2318, 2360 Regional Road 57, Bowmanville, Part Lot 15,
Concession 2, former Township of Darlington (see Figure 1)
1.6 Roll Numbers: 18-17-010-030-01000
18-17-010-030-01100
18-17-010-030-01200
1.7 Built Boundary: No
Municipality of Clarington
Report PSD-046-16 Page 3
Figure 1: Subject Site
2. Background
2.1 On April 15, 2011, Dunbury Developments (Regional) Ltd. submitted applications for
Draft Plan of Subdivision and Zoning By-law Amendment. Since the original submission,
several changes have been made to the draft plan, most notably was adjusting the
alignment for the future extension of Longworth Avenue, after the completion of an
Environmental Impact Study and the Environmental Assessment in 2012. Other changes
included the mix and size of lots and the location of the parkette. The applicants were
advised that the proposed uses for the lands fronting onto Longworth Avenue only
showed stacked townhouses and did not include other housing forms nor did it
incorporate institutional, recreational, cultural uses, or limited retail and service
commercial uses, consistent with the “Village Corridor” designation.
Municipality of Clarington
Report PSD-046-16 Page 4
2.2 On November 25, 2015, the Municipality received a Notice of Appeal submitted by the
solicitor for Dunbury Developments (Regional) Ltd. regarding the proposed Draft Plan of
Subdivision and an application for zoning by-law amendment. The appeals were filed
under Sections 51(34) and 34(11) of the Planning Act, for failure of the Municipality to
make a decision in respect of these development applications. The Ontario Municipal
Board hearing is set to commence on June 27th for 4 days. Since the appeal was
received, Staff continued to meet with the applicant’s planning consultant to discuss the
draft plan. An agreeable solution has been reached. The applicant concurs with the
requested changes to the draft plan, as well as to the Conditions of Draft Approval and
the zoning by-law amendment. (See Figure 2)
Figure 2: Proposed Draft Plan
Municipality of Clarington
Report PSD-046-16 Page 5
3. Land Characteristics and Surrounding Use
3.1 The subject applications are three parcels that front onto Regional Road 57 and are
rectangular in shape. The lands gently slope to the south and west. The majority of the
subject lands are currently being used for agricultural crops. Single detached homes and
accessory buildings are located at 2318 and 2360 Regional Road 57.
3.2 The surrounding uses are as follows:
North - two single detached dwellings and associated accessory structures and
beyond that vacant land
South - two single detached dwellings, vacant land for which an application for Plan of
Subdivision (18T-95027) by Tonno has been submitted but not approved and
the Brookhill Tributary
East - large lot, estate residential uses
West - Draft Approved Plan of Subdivision (S-C 2012-0003) by DG Group which
includes residential uses, a neighbourhood parkette, elementary school block
and the Brookhill Tributary and associated valleylands to be dedicated to the
municipality.
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement encourages planning authorities to create healthy
liveable and safe communities by accommodating an appropriate range and mix of
residential; employment; recreation, parkette and open space; and other uses to meet
long term needs. Some relevant polices are:
New development shall occur adjacent to built up areas and shall have compact
form, a mix of uses and densities that allow for the efficient use of land,
infrastructure and public services.
New housing is to be directed to locations where infrastructure and public services
are or will be available. A full range and mix of housing types and densities shall be
provided to meet projected requirements of current and future residents of the
regional market area.
Healthy, active communities to be encouraged through the promotion of planning
safe streets that meet the needs of pedestrians, foster social interaction and
facilitate active transportation and community connectivity. A full range of built and
natural settings for recreation including parkettes, open space areas, trails and
linkages are to be provided.
Municipality of Clarington
Report PSD-046-16 Page 6
Infrastructure and public service facilities shall be utilized in an efficient and cost
effective manner that considers impacts from climate change while accommodating
projected needs.
A mix of uses and housing type are proposed. The proposal is consistent with the
Provincial Policy Statement.
4.2 Provincial Growth Plan
The Growth Plan provides a framework for accommodating growth in existing built up
areas, and within greenfield areas. In particular:
New development in greenfield areas are to be complete communities with access
to a mix of jobs, services, housing, schools, recreation and open space that is easily
accessed through various modes of transportation.
Each upper-tier municipality will be planned to achieve a minimum density target
that is not less than 50 residents and jobs combined per hectare. Major growth is to
be directed to areas serviced by existing or planned municipal infrastructure, such
as water and sewer services. Natural heritage features that compliment, link or
enhance natural systems shall be identified and protected.
The subject Draft Plan of Subdivision is within a greenfield area. The density target of 50
residents and jobs combined per hectare is achieved throughout the Brookhill
Neighbourhood. A mix of uses and housing forms are proposed. The proposal is
consistent with Growth Plan.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area. Lands
designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure
to provide living accommodations that address various socio-economic factors. The
proposed development is permitted within the Living Area designation. A mix of uses
such as certain home occupations, convenience stores, public and recreational uses
which are compatible with their surroundings are permitted. Limited office development
and retailing of goods and services in appropriate locations and as a component of mixed
use development may also be permitted in Living Areas provided there are appropriate
provisions and designations in the area municipal Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands “Urban Residential”. Two
symbols for Medium Density, are located south of the future Longworth Avenue
extension, one at the future extension of Clarington Boulevard, and the other at Regional
Road 57.
Municipality of Clarington
Report PSD-046-16 Page 7
The predominant use of lands within the “Urban Residential” designation shall be for
housing purposes. Other uses may be permitted which by the nature of their activity,
scale and design are supportive, compatible and serve the residential uses. These
include corner stores, home-based occupations, parkettes and schools.
Within the Brookhill Neighbourhood, the housing target is 1575 units, 950 low density
units, 550 medium density units and 75 units for intensification. The predominant form of
housing for low density residential development includes single and semi detached or
linked dwellings as well as duplexes. The density range is between 10-30 units per net
hectare.
Medium density units include townhouses, triplex/quadruplex, low rise apartments and
mixed use developments. The density range for medium density development is 31-60
units per hectare.
The site is bounded by Regional Road 57, a Type ‘A’ Arterial Road to the east, the future
extension of Longworth Avenue, a Type ‘C’ Arterial Road to the north, and the future
extension of Clarington Boulevard, a Collector Road to the west.
The detailed land use policies are contained in the Brookhill Neighbourhood Secondary
Plan.
5.3 Brookhill Secondary Plan
Community Structure
The draft Plan of Subdivision is generally consistent with the Principles and Community
Structure contained in the Secondary Plan. The neighbourhood is edged by a primary
road network being Regional Road 57, the future extensions of Clarington Boulevard and
Longworth Avenue. The Longworth Avenue and Clarington Boulevard frontages of this
development are located adjacent to the “Village Corridor”, the primary focus for the
Brookhill Neighbourhood. In the centre, housing units surround a parkette consistent with
the “Neighbourhood Commons Area” designation.
Land Use Policies
Within the Secondary Plan the subject lands are designated as “Village Corridor”, “Low”
“Density Residential”, “Neighbourhood Commons Area” and “Parkette”.
The “Village Corridor” incorporates institutional, retail and service commercial,
recreational and cultural uses as well as ground-related housing and residential
apartment buildings within a mixed use context. Permitted housing forms include street,
block or stacked townhouses, multiple unit buildings and low-rise apartment buildings.
Apartment units may be permitted in either stand-alone residential buildings or above the
ground floor in mixed use buildings. Live-work units are permitted.
Retail and service uses shall be permitted on the ground floor only, to a maximum of 500
square metres. Building height shall be in the range of 3 to 6 storeys or between 8.0 to
20.0 metres.
Municipality of Clarington
Report PSD-046-16 Page 8
“Low Density Residential” housing shall be in the form of single and semi-detached units.
Coach houses are permitted over top detached garages fronting on a lane in limited
areas.
Within the “Neighbourhood Commons Area”, street, block or stacked townhouses and
multiple unit buildings are permitted. Medium density shall develop consistent with Official
Plan policies.
Parkettes form the central focus of the “Neighbourhood Commons Areas”. Parkettes shall
perform an array of functions within the community and shall range in size and design
depending on their planned role and function. The parkette within the “Neighbourhood
Commons Area” shall be a minimum of 0.80 hectares and shall be surrounded by at least
two sides, but preferably three or four sides by public roads.
6. Zoning By-law
Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
“Agricultural (A) Zone”. An application to amend the Zoning By-law has been submitted.
7. Summary of Background Studies
A number of studies were submitted in support of the proposed the applications. The
conclusions of the reports are summarized below.
7.1 Environmental Impact Study by Aquafor Beech Limited and North South
Environmental July 2010
An Environmental Impact Study was completed in 2010 to determine the development
limits adjacent to the Brookhill valleylands, and set the location for the future extension of
Longworth Avenue over the Brookhill Tributary. The subject lands were included in the
study which identified a locally significant plant species known as Downy Willow-herb.
The Environmental Impact Study recommended that this species be transplanted to
suitable habitat within the Brookhill Tributary lands.
7.2 Phase I Environmental Site Assessment by Golder Associates, May 2010
Fill material and a coal-fire boiler are present on the subject lands. Miscellaneous
domestic debris and building materials were also noted. Given the age of the buildings
there may be some hazardous substances on site. Water wells and septic systems shall
be decommissioned in accordance with provincial requirements. The Phase 1
Environmental Site Assessment did not recommend that a Phase 2 Environmental Site
Assessment be undertaken.
7.3 Noise Impact Study by Sernas Associates (now GHD), May 2010
Noise attenuation fencing is required on those units flanking Regional Road 57 and
central air conditioning units are to be installed in each unit so that windows may remain
closed. All exterior walls require brick construction to maintain indoor noise levels.
Municipality of Clarington
Report PSD-046-16 Page 9
Certain windows may require additional glazing which will be determined when detailed
floor plans and elevations are available for the various units. The appropriate warning
clauses will be required in the Offers of Purchase and Sale for those units identified in the
noise impact study.
7.4 Functional Servicing Report by Sernas Associates (now GHD), May 2010
The sanitary sewer system and the water supply system can be provided to the proposed
development from through the lands to the south. The stormwater management pond for
this development is located on lands external to the subject site to the south (18T-95027).
7.5 Stage 1 Archa eological Site Assessment by Archeoworks Inc., April 2010
An Archaeological Site Assessment recommended that for those areas undisturbed, a
Stage II Archaeological Assessment be undertaken and approved by the Ministry of
Culture, Tourism and Sport prior to any development occurring on site.
8. Public Submissions
A letter of objection was originally received from the owners who reside at 2404 Regional
Road 57, immediately to the north of the subject property. They objected to the alignment
of Longworth Avenue because the north half of the alignment would be on their lands.
The alignment of Longworth Avenue has since shifted southerly and is completely on the
subject lands.
In a subsequent email, the owners expressed concern that their dug well could go dry as
a result of this development.
These issues will be discussed further in Section 11 of this report.
Another landowner north of the subject site inquired about the timing of the development.
9. Agency Comments
9.1 Region of Durham
Region of Durham Planning and Economic Development Department has advised that
the proposed draft plan is consistent with Provincial Plan Polices.
The lands are designated as Living Area and shall accommodate a full range of housing
options at higher densities by intensifying and redeveloping existing areas particularly
adjacent to arterial roads. The proposed residential subdivision is consistent with the
policies and direction of the Region’s Official Plan.
The Region will require an updated Phase 1 Environmental Site Assessment (ESA) for
the subject site since the previous ESA exceeds the Ministry of Environment and Climate
Change prescribed 18th month timeframe. In the event that the Phase 1 recommends a
Phase 2 ESA the applicant will be required to subject a Record of Site Condition to the
Ministry and Region prior to final approval of the draft plan.
Municipality of Clarington
Report PSD-046-16 Page 10
The Stage 1 Archaeological Site Assessment indicates that a Stage II archaeological
assessment will be required for those areas of the site that are undisturbed. The applicant
will be required to provide the report to the Ministry of Tourism, Culture and Sport for their
review and approval.
Municipal water supply is available to the site, however municipal sanitary sewers are not
available and are dependent of the adjacent land owner to the south. Alternatively, the
owner may make arrangements with the adjacent land owner to extend a 600 mm trunk
sanitary sewer along the future alignment of Clarington Boulevard.
The developer will be required to provide sufficient road widening to accommodate a
minimum of 18 metres from the centerline of Regional Road 57 as well as a 15 metre by
15 metre site triangle at the intersection of Regional Road 57 and Longworth Avenue.
The Region will not permit access at the proposed intersection of Regional Road 57 (west
side) and Longworth Avenue until such time the re-alignment of Longworth Avenue on
the east of Regional Road 57 is completed.
The Regional Cycling Plan shows Longworth Avenue as part of the Primary Cycling
Network and as such should accommodate cycling lanes.
The Region has no objection to the approval of the proposed Draft Plan of Subdivision
and provided conditions to be fulfilled prior to clearance by the Region for the registration
of the plan.
9.2 Kawartha Pine Ridge District School Board
In June 2011, the school boundaries in the eastern portion of Brookhill Neighbourhood
were changed. The applications would generate 43 elementary school students to
Waverly Public School and 27 secondary students to Clarington Central Secondary
School.
A public elementary school site was approved at the south-west corner of Clarington
Boulevard and Longworth Avenue in S-C 2012-0003. Should the school be built, two
accesses would be required.
Board Staff also requested the municipality ensure public sidewalks are installed on all
proposed road allowances.
The Board Staff also provided conditions of draft approval which require a warning clause
in Offers of Purchase and Sale advising potential purchasers that the reserved public
elementary school site may not be constructed or used as an elementary school site. An
existing public school will be used to accommodate students until a school is constructed
in the Brookhill Neighbourhood.
9.3 Central Lake Ontario Conservation
Central Lake Ontario Conservation does not object to the development of the site,
however some requirements still need to be addressed. The Authority has provided
Municipality of Clarington
Report PSD-046-16 Page 11
conditions of draft approval which specifies items that need to be addressed prior to final
approval. In addition to standard conditions, the Authority is also requesting the following:
Prior to on-site grading construction of final approval a report describing the
intended means of conveying stormwater to a proposed stormwater pond situated
on lands south of the subject property and not owned by the developer;
A report to determine the impact of development on water quality as it relates to fish
habitat, and means whereby erosion and sediment is controlled during and after
construction;
A plant salvage and monitoring plan for a local significant plant species into the
Brookhill Tributary floodplain;
Reports describing how lot level infiltration measures are to be incorporated into the
subdivision design in accordance with the recommendations of the Brookhill
Subwatershed Plan; and
A contribution to the Municipality of Clarington for remedial works in the Brookhill
Tributary, in accordance with the Brookhill Tributary Environmental Impact Study.
9.4 Utilities
The applications for Draft Plan of Subdivision and rezoning were circulated to various
agencies for comment. Bell, Rogers Communications and Enbridge Gas do not object to
the proposal and have provided Conditions of Draft Approval.
10. Departmental Comments
10.1 Emergency Fire Services
Emergency and Fire Services has requested that fire hydrants be placed to allow
coverage to laneways. All municipal laneways are to be designated as Fire Access
Routes by By-law. “No Parking” signs shall be posted and enforced. The laneways shall
meet minimum requirements of the Ontario Building Code for Access Route Design.
10.2 Operations Department
Operations provided comments on snow storage on rear lanes and right-of-way widths.
The standards for rear lanes and right-of-way widths are contained within the approved
Secondary Plan.
10.3 Engineering Services Department
Engineering staff advise that the proposed development complies, for the most part, with
the Council approved Brookhill Secondary Plan. However, there are issues that must be
addressed by the applicant prior to the final approval of the draft plan of subdivision:
The proposed development is currently “landlocked” in terms of road connections,
and there are no services extending to the proposed subdivision. Development of
Municipality of Clarington
Report PSD-046-16 Page 12
these lands is premature until roads and services are constructed including the
requisite stormwater management pond.
The stormwater management pond and much of the Clarington Boulevard road
allowance are proposed to be constructed on lands owned by others. The applicant
must co-ordinate the construction of Clarington Boulevard from its existing north
terminus to Longworth Avenue, Longworth Avenue from Regional Road 57 to
Clarington Blvd. to a full urban standard as well as all services and the stormwater
management pond with the adjacent landowners.
The applicant must submit an implementation/phasing plan demonstrating how the
development will be provided with road and service connections in the absence of
direct connections to existing municipal road and servicing infrastructure. The plan
and all related agreements must be acceptable to the adjacent landowners, and the
plan will be subject to the approval of the Director of Engineering Services.
Longworth Avenue must be constructed in its ultimate alignment and location east of
Regional Road 57 including signalization. The opening of Longworth Avenue in this
development prior to its direct connection to Longworth Avenue east of Regional
Road 57 will not be permitted.
Construction of sidewalks, street lighting and cycling lanes on Regional Road 57
which connect this development to existing infrastructure south of the proposed
development must be co-ordinated with the Municipality to the satisfaction of the
Director.
An updated Traffic Study must be submitted which recommends the configuration
and design of all major intersections including all traffic control devices adjacent to
and in the vicinity of this development.
An updated Functional Servicing Report (FSR) has not been submitted for this
current draft plan. The updated FSR must include a detailed Preliminary Lot
Grading Plan as well as an updated Servicing Plan satisfactory to the Director prior
to final approval.
A Stormwater Management Report must be included in the FSR which
demonstrates that all major and minor flows will be directed to the proposed
stormwater management pond and which demonstrates that the stormwater
management pond has been adequately sized for all development benefiting from
this pond prior to final approval.
The Neighbourhood Parkette is in an appropriate location and size, consistent with
the Secondary Plan.
11. Discussion
11.1 The proposed draft plan is consistent with the Community Structure in the Brookhill
Secondary Plan. The draft plan is edged by two arterial roads, Regional Road 57 and the
future extension of Longworth Avenue, and the future Clarington Boulevard, a collector
road.
Municipality of Clarington
Report PSD-046-16 Page 13
The Village Corridor fronts onto Longworth Avenue and Clarington Boulevard and will
provide housing in a mixed use format with various sizes, heights and tenure. A
Landscape Strip is proposed adjacent to Regional Road 57 and will be planted to form a
“green corridor” between the regional road, including sidewalk and cycling lane and
dwelling units internal to the site.
The Neighbourhood Parkette is located in the centre of the neighbourhood with two
frontages on public streets.
11.2 Recommendations from Environmental Impact Study
An Environmental Impact Study was prepared for the Brookhill Tributary by DG Group
and Tonno. There are two recommendations from the Environmental Impact Study that
impact this development. First, a locally significant plant species, Downy Willow-herb a
wetland species, is located within a narrow drainage ditch on the subject site. This plant
species should be transplanted in a suitable location within the floodplain of the Brookhill
Tributary.
Second, severe erosion is occurring at the confluence of the Brookhill Tributary and the
Bowmanville Creek. This erosion is occurring as a result of the failure of the Vanstone
Dam. The erosion is problematic on its own but also causes a barrier to fish passage.
Development upstream will exacerbate the problem and remediation is recommended.
The cost for remediation shall be borne by the benefitting landowners. A Condition of
Draft Approval has been added requiring a contribution towards the remediation.
11.3 Housing Types and Mixed Uses
The draft plan provides for a mix of lot sizes to permit various housing forms. The number
and the various lot sizes are provided below:
Housing Types Lot Frontage Quantity
(by unit type)
Total Units by
Type
Single Detached 10 metres 27
Single Detached 12 metres 26
Semi Detached 18 metres 28
Total Low Density Units 81
Lane Townhouses 6.0 metres 36
Street Townhouses 7.0 metres 22
Village Corridor Two Blocks 98-162
Total Medium Density Units 156-220 units
Total Number of Units 237-301 units
The units facing Clarington Boulevard are lane based townhouse units. Street
Townhouses also face the parkette which is consistent with the Neighbourhood
Commons Area in the Secondary Plan.
Municipality of Clarington
Report PSD-046-16 Page 14
The two blocks fronting on Longworth Avenue will make up the Village Corridor in the
Brookhill Neighbourhood. They are of sufficient size to be comprehensively designed with
a mix of uses including street, block or stacked townhouses, multiple unit buildings and
low rise apartment buildings with a stand alone building or above the ground floor in a
mixed uses building. Live/work units would also be permitted. Commerical uses are
permitted up to 500 square metres as well as cultural, institutional and recreational uses.
The proposed zoning by-law provides for the appropriate built form to implement the
Secondary Plan while providing for some flexibility in the unit type and mix. Application
for site plan approval will be considered for both blocks at the same time. This will
ensure that the development approvals are not piecemeal and will adhere to the urban
design policies and guidelines set out in the Official Plan and Secondary Plan.
11.4 Parkette and Green Corridor
The parkette is in a central location and can be seen at the terminus of two roads.
Housing fronts on both sides of the parkette and the homes will have upgraded
architecture at the front and rear as well as the corner lots.
The parkette size is less than what is required if calculated at 1 hectare per 300 units in
keeping with the Planning Act and the Clarington Official Plan. The applicant will be
required to make up the difference in a cash payment.
The Secondary Plan requires a landscape strip adjacent to Regional Road 57 from
Stevens Road to Longworth Avenue. This “green corridor” will have landscaped berms
which are intended to provide a visual barrier between the residential units and the traffic
on Regional Road 57. The landscaped strip will be dedicated to the municipality.
11.5 Roads and Related Infrastructure
The draft plan is premature relative to the availability of roads and supporting
infrastructure to the site. Cooperation with the abutting landowners, specifically DG Group
to the west and Tonno to the south will be required. Specific conditions have been added
to ensure the appropriate cost sharing arrangements will be in place, specifically
endeavours to collect and front ending agreements to and from benefitting landowners.
Clarington Boulevard
The west side of the proposed alignment of Clarington Boulevard is partially located on
lands owned by DG Group. The timing of development will be contingent on securing the
balance of the lands and/or cost sharing arrangements with DG Group.
Longworth Avenue
The original submission showed the alignment of Longworth Avenue straddling the
property boundary between the landowners located at 2404 Regional Road 57, and the
draft plan owned by Dunbury. The owners of 2404 Regional Road 57 objected to any
portion of the alignment on their property.
Municipality of Clarington
Report PSD-046-16 Page 15
An Environmental Assessment confirmed the location of the alignment of Longworth
Avenue from the urban area boundary in the west to Regional Road 57 in the east. It also
determined the location of the crossing of the Brookhill Tributary. As such, the alignment
was shifted south and is now completely on the proposed draft plan.
The development of this plan will require the full Longworth Avenue cross-section to be
constructed for the Village Corridor frontage. Since the Region of Durham controls
intersections at regional roads, construction of the west side of Longworth Avenue cannot
proceed until the alignment east of Regional Road 57 has been constructed. Once built,
Longworth Avenue will have sidewalks on both sides as well as cycling lanes.
Stormwater Management Pond
The stormwater management pond to service these lands is located on lands to the south
owned by Tonno. The timing of the development for the subject lands will depend on the
timing of development for the Tonno lands or the developer must make arrangements
with Tonno to secure land and easements prior to construction commencing.
11.6 Impact on Neighbours Well
The Region of Durham’s Well Interference shall apply.
12. Concurrence
Not applicable.
13. Conclusion
In consideration of the findings of all supporting studies, comments received from
circulated agencies and area residents, and based on review of the proposal, staff
recommends that Council support staff attending the Ontario Municipal Board hearing in
support of the application subject to the Conditions of Draft Approval (Attachment 2) and
the Zoning By-law (Attachment 3).
14. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Without Prejudice
Conditions of Draft Approval
File Number: S-C-2011-0002
May 30 , 2016
Part 1 - Plan Identification
1.1 The Owner shall have the final plan prepared on the basis of approved draft
plan of subdivision S-C-2011-0002 prepared by GHD identified as job number
09264, dated May 2016, which illustrates 53 single detached dwellings, 28
semi-detached dwellings, 58 street townhouses, 2 blocks with a range of 98 to
162 residential units, a park, road widenings, reserves and landscape strip.
Part 2 – General
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
Municipality of Clarington (the “Municipality”) that contains all of the terms and
conditions of the Municipality’s standard subdivision agreement respecting the
provision and installation of roads, services, drainage, other local services and
all internal and external works and services related to this plan of subdivision. A
copy of the Municipality’s standard subdivision agreement can be found at
http://clarington.net/documents/planning/subdivision-agreement-feb2014.pdf
2.2 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.
Architectural Control
2.4 (1) The Owner shall be responsible for 100% of the cost for the “Control
Architect” to review and approve all proposed models and building permits
in keeping with the approved Architectural Control Guidelines for the
Brookhill Neighbourhood and to the satisfaction of the Director of Planning
Services.
(2) No residential units on the draft plan shall be offered for sale to the public
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 exterior architectural
design of each building and the location of the building on the lot has been
approved by the Director of Planning Services.
Page | 2
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 Services.
(2) The Owner shall erect and maintain a sign on the development site and/or
in the sales office which shows the Land Use Plan as approved by the
Director of Planning Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to
the Director of Planning Services which includes all warning clauses/
notices prior to any residential units being offered for sale to the public.
Site Alteration
2.6 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft
plan. The Owner shall be required to obtain a permit from the Municipality under
Site Alteration By-law 2008-114, as amended, for any such work. If any portion
of the lands are within an area regulated by a conservation authority, the Owner
shall obtain a permit from the conservation authority in addition to obtaining
approval from the Director of 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) Longworth Avenue
(b) East side of Clarington Boulevard
(c) Streets “A”, ‘B”, “C”, “D”, “E”, “I”, “F”, “G”, and “H”
(d) Lane “A” and Lane “B”
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:
0.3 metres reserves shown as Blocks 78, 79, 80 and 81 and as redlined
on the draft plan.
(b) Parkland Dedication:
Page | 3
Block 75 on the draft plan
(c) Landscape Strip:
Block 76 on the draft plan
(d) External (with registration of Phase 1):
i) Stormwater Management Pond as shown on 40R-
ii) West side of Clarington Boulevard as shown on 40R-
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) A road widening across the entire frontage of the draft plan of subdivision
along Regional Road 57 sufficient to provide minimum of 18 metres
measured from the centreline of Regional Road 57.
(b) A 0.3 metre reserve across the total frontage of Regional Road 57, as
widened.
(c) A 15 metre by 15 metre sight triangle at the intersection of future Longworth
Avenue and Regional Road 57.
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. In the event that full build out of the subdivision is phased over
time, there must be at least two open road accesses to the development at
any given time. Development of any portion of Blocks 73 and 74 abutting
Longworth Avenue cannot proceed until such time as construction of
Longworth Avenue both east and west of Regional Road 57 has been
completed and is fully operational, including signalization. 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 Engineering Services, the
Director of Planning Services and the Region, for review and approval, an
updated noise report, based on the preliminary noise report entitled Noise
Page | 4
Impact Study, prepared by Sernas Associates, dated October 2009 as job
number 09264.
Functional Servicing
(3) The Owner shall submit a revised Functional Servicing Report including a
detailed preliminary grading plan.
The revised Functional Servicing Report shall also demonstrate that all
major and minor flows will be directed to the proposed stormwater
management pond and that the pond is adequately sized for all
development benefiting from this pond.
Community Theme Plan
(4) The Owner shall submit a “Community Theme Plan” to the Director of
Planning Services and Director of Engineering Services for approval prior
to the first submission of the of the Engineering Drawings. The
Community Theme Plan shall be complimentary to the themes identified
for the lands west of Green Road, including gateway treatments,
landscape treatments, lighting fixtures, fencing details and related design
issues for the overall design, location and configuration of trails and open
space buffers. All Engineering Drawings shall conform with the approved
Community Theme Plan.
Environmental Sustainability Plan
(5) 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.
Soils Management Plan
(6) Prior to Authorization to Commence, the Owner shall provide a Soils
Management Plan for review and approval by the Director of Engineering
Services. Such plan shall provide information respecting but not limited to
any proposed import or export of fill to or from any portion of the Lands,
intended haulage routes, the time and duration of any proposed haulage,
the source of any soil to be imported, quality assurance measures for any
fill to be imported, and any proposed stockpiling on the Lands. All
imported material must originate from within the Municipality of Clarington.
The Owner shall comply with all aspects of the approved Soils
Management Plan. The Director may require the Owner to provide security
relating to mud clean up, dust control and road damage.
Landscaping Plan
Page | 5
(7) The Owner shall provide a Landscaping Plan for the 9.0 metre
Landscaping Strip (Block 76). The Plan shall include berms and
vegetation including low maintenance trees, shrubs and ground cover
sufficient to provide a landscape barrier between Regional Road 57 and
the plan to the satisfaction of the Director of Planning Services and
Director of Engineering Services.
Traffic Impact Study
(8) The Owner shall provide an updated Traffic Impact Study for the Brookhill
Neighbourhood (Sernas Transtech November 2010) which analyzes the
major intersections in the neighbourhood, including Clarington
Boulevard/Stevens Road, Clarington Boulevard/Brookhill Boulevard,
Clarington Boulevard/Longworth Avenue. Any recommended
improvements to the road network or at any intersection identified in the
study will be constructed at 100 % the cost of the Owner subject to
Conditions 5.5, 5.6 and 5.7. The timing of any identified road or
intersection improvements must be consistent with the approved phasing
plan. The study will be subject to the approval of the Director of
Engineering Services.
Part 5 –Special Terms and Conditions to be Included in the Subdivision
Agreement
Lands Requiring Site Plans
5.1 The Owner acknowledges that Blocks 73 and 74 require concurrent Site Plan
Approval from the Municipality under Section 41 of the Planning Act, R.S.O.
1990, C.P.13. The site plan plan shall be consistent with the Urban Design
Guidelines for the Brookhill Neighbourhood and the Community Theme Plan
and shall include design concepts for development fronting onto Longworth
Avenue, Clarington Boulevard and Regional Road 57, including but not limited
to building form, height, massing and materials, entrance locations, vehicular
parking, pedestrian connectivity and landscaped areas in front of buildings,
landscape treatments, lighting fixtures, street furniture and signage.
Longworth Avenue
5.2 The Owner is 100% responsible for the construction of Longworth Avenue
subject to Conditions 5.5, 5.6 and 5.7. The road design shall be in keeping with
the Municipality’s design for Longworth Avenue as shown on “Typical Sections
Longworth 1 and Longworth 2” as approved by the Director of Engineering
Services. Any operational requirements at intersections such as turning lanes,
but excluding traffic signals, are 100% cost of the Owner subject to Conditions
5.5, 5.6 and 5.7. The Municipality will be responsible for the cost of the
oversizing of the travelled portions of the road.
Clarington Boulevard
Page | 6
5.3 The Owner acknowledges that much of Clarington Boulevard is located on
lands owned by others (18T- 95027 and S-C 2012-0003). The Owner must co-
ordinate the construction of Clarington Boulevard from its current terminus to
the north side of the proposed extension of Longworth Avenue, with the
adjacent land owners. Clarington Boulevard shall be constructed in keeping
with the Municipality’s design for Clarington Boulevard as shown on “Typical
Sections Clarington Blvd. 1 and Clarington Blvd. 2” as approved by and to the
satisfaction of the Director of Engineering Services. Furthermore, the Owner
shall provide a staging plan for the construction of Clarington Boulevard for the
approval of the Director.
Front-Ending Contribution
5.4 The Owner acknowledges that the portion of the future Clarington Boulevard
within the Plan, as well as the stormwater management pond and related
facilities which are located outside the Plan and which will directly benefit the
plan may be constructed, paid for or otherwise provided by landowners to the
south and west of the draft plan (S-C 2012-0003 and 18T-95027). The Owner
further acknowledges that if this happens, the Municipality may undertake in the
conditions of draft plan approval applicable to such lands to use its best efforts
to recover a proportionate share of the cost of such roadwork, works, services
and facilities from the Owner and to reimburse the front-ending owners
accordingly. In such case, an Authorization to Commence shall not be issued
for any Works unless the Owner has paid to the Municipality its proportionate
share of such roadworks, works, services and facilities, which amount the
Municipality shall hold in trust for and on behalf of the front-ending owners.
Endeavour to Collect
5.5 The Owner shall construct and pay for 100% of the cost of the following
oversized or external services (the “Shared Services”):
Construction of Longworth Avenue from Regional Road 57 to Clarington
Boulevard;
Oversizing of storm sewers through the Lands to provide for existing and
future runoff from all external lands contributing to the storm sewer system
through the plan;
Construction of Clarington Boulevard from its current terminus to the north
side of Longworth Avenue if this development precedes the development
to the south and west; and
Construction of the stormwater management pond and related facilities if
this development precedes the development to the south;
5.6 The Shared Services are required to service the Lands but will also provide
benefit to the following lands (the “Benefitting Land”):
Page | 7
The owners of land to the north;
The owner of the lands to the west (S-C 2012-0003) should the Owner
build Clarington Boulevard from its current terminus to the north side of
Longworth Avenue; and
The owner of the lands to the south (18T-95027) should the Owner build
Clarington Boulevard from its current terminus to the north side of
Longworth Avenue and the stormwater management pond and related
facilities.
5.7 The Shared Services are not included in the Municipality’s Development Charge
By-law or in any special area development charge and, therefore, the
Municipality cannot provide the Owner with any assurance that the Owner will
recover any of the costs of constructing the Shared Services from the owners of
the Benefitting Land. However, if the Benefitting Land or any part thereof is to
be developed by plan of subdivision, plan of condominium, severance or any
other method requiring an approval under the Planning Act, R.S.O. 1990 c.P.13,
then the Municipality shall endeavour to ensure that the owners of such
Benefitting Land pays to the Owner their proportionate shares of the costs of
the Shared Services. The Owner shall be required to prepare a Cost Sharing
Report for the Shared Services.
Stormwater Management
5.8 The Owner shall secure all necessary easements from the adjacent land owner
(18T-95027) required to service the subject lands prior to the issuance of an
Authorization to Commence from the Director of Engineering Services.
Temporary Turning Circles
5.9 (1) Temporary turning circles are required at phase limits where roadways are
incomplete and any lots abutting temporary turning circles will be frozen
and not eligible for building permits.
(2) Where part of all of a temporary turning circle is on lands outside of the
road allowances, the Owner shall convey an easement to the Municipality
in a form satisfactory to the Municipal Solicitor. Such easement shall be
released for nominal consideration when the turning circle is removed to
the satisfaction of the Director of Engineering Services.
(3) Where proposed road connects to existing temporary turning circle, the
Owner shall restore all areas to municipal standards. This includes curbs,
sidewalks, asphalt, drainage, boulevard topsoil and sod, street trees and
streetlighting relocations, all to the satisfaction of the Director of
Engineering Services.
Existing Structures
Page | 8
5.10 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.
Parkland
5.11 The Owner shall convey Block 75 to the Municipality for Park or other public
recreational purposes and any underdedication shall be provided to the
Municipality cash in lieu of parkland under section 51.1 of the Planning Act,
R.S.O. 1990, c.P.13. The Owner acknowledges that the land and payment
represents 1 hectare per 300 dwelling units included in the draft plan and the
payment shall be based on the value of the Lands as of the day before the
approval of draft Plan of Subdivision S-C-2011-0002.
5.12 The Owner shall prepare a Park Plan for Block 75
(1) In this section, “Park Plan” means a plan prepared by a qualified
landscape architect showing:
(a) all proposed park features including walkways, playgrounds, and
seating areas
(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 sodding, 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
5.12(3) are considered a separate Works Component with a minimum
maintenance period of 2 years.
Noise Attenuation
5.13 (1) The Owner shall implement the noise attenuation measures recommended
in the updated noise report entitled Noise Impact Study, prepared by
Sernas Associates, dated October 2009 as job number 09264. (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
Page | 9
for the building are in accordance with the recommendations of the Noise
Report.
Erosion Control Stabilization Works
5.14 The Owner acknowledges the recommendations of the Brookhill Tributary
Environmental Impact Study, prepared by Aquafor Beech, July 2010.
Furthermore, the Owner shall contribute to the erosion control stabilization
works on the downstream of the Brookhill Tributary. The amount is based on
the contributing upstream developable neighbourhood. Each benefiting
landowner shall pay their proportionate share of the works to the municipality,
based on the drainage area of the draft plan.
Part 6 – Agency Conditions
Region of Durham
6.1 (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 name road allowances included in this draft plan to the
satisfaction of the Municipality and the Region.
(4) 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.
(5) The Owner shall submit plans showing the proposed phasing to the
Region for review and approval if this subdivision is to be developed by
more than one registration.
(6) 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.
Page | 10
(7) Prior to final approval, the Owner is required to provide an updated Phase
1 Environmental Site Assessment (ESA), in accordance with the Region of
Durham’s 2014 Updated Site Contamination Protocol and accompanied by
a signed Regional Reliance Letter and Certificate of Insurance to the
satisfaction of the Region of Durham. In the event that the Phase 1 ESA
recommends that a Phase II ESA be completed, the Owner must submit a
signed Record of Site Condition (RSC) to the Ministry of Environment and
Climate Change (MOECC). The RSC must be to the satisfaction of the
Region of Durham, including an Acknowledgement of Receipt of the RSC
by the MOECC.
(8) 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 Tourism, Culture
and Sport. No grading or other soil disturbance shall take plane of the
subject property prior to a letter of clearance from the Ministry of Tourism,
Culture and Sport.
Conservation Authority
6.2 (1) Prior to any on-site grading or construction of final registration of the Plan,
the Owner shall submit and obtain approval from the Central Lake Ontario
Conservation Authority for reports describing the following:
(a) The intended means of conveying stormwater flow from the site,
including use of stormwater techniques which are appropriate and in
accordance with the provincial guidelines.
(b) The anticipated impact of the development on water quality, as it
relates to fish and wildlife habitat once adequate protective measures
have been undertaken.
(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 prepare a plant salvage and monitoring plan for the
locally significant Epilobuim strictum (downy willow herb) identified on site
through the approved Brookhill Environmental Impact Study prepared by
Aquafor Beech Limited and North South Environmental dated July 2010.
The monitoring component will assess the successfulness of the
transplant and shall also identify the length of time for monitoring to
continue.
(3) Prior to any on-site grading, and/or construction associated with the
proposed plan of subdivision, the owner shall provide confirmation to the
Page | 11
Central Lake Ontario Conservation Authority that the locally significant
plan species Epilobuim strictum (downy willow herb) identified on-site has
been relocation in accordance with the approved salvage plan.
(4) Prior to any on-site grading or construction of final approval of the plan, the
Owner shall submit to and obtain approval from the Central Lake Ontario
Conservation Authority for reports describing how lot level infiltration
measures are to be incorporated into the subdivision design in order to
promote infiltration and reduce runoff as well as maintain and preserve
groundwater conditions in accordance with the Brookhill Neighbourhood
Subwatershed Study, November 2005.
(5) 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.
(6) 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 Condition 6.2
to the satisfaction of the Central Lake Ontario Conservation
Authority.
(b) The Owner agrees to maintain all stormwater and erosion and
sediment control structures and measures operating and in good
report 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 any grading or
initiation of any on-site works.
Utilities
6.3 (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.
Page | 12
(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 Report
7.4 (1) The Owner shall include the following notice in the Agreements of
Purchase and Sale for Lots 14 to 23, 40 to 55, 58 to 61 and Blocks 62, 63,
and 64;
Purchasers are advised that sound levels due to increasing road traffic
and the existing may interfere with some activities of the dwelling
occupants as the sound levels will exceed the Ministry of Environment’s
noise criteria.
(2) The Owner shall include the following notice in the Agreements of
Purchase and Sale for Lots (to be determined by updated Noise Report):
This dwelling unit was fitted with a forced air heating system and the
ducting etc. sized to accommodate a central air conditioning unit. The
installation of central air conditioning by the homeowner will allow
windows and exterior doors to be kept closed, thereby achieving
indoor sound levels within the limits recommended by the Ministry of
the Environment and Climate Change. (Note: The location and
installation of the outdoor air conditioning device should be done so
as to comply with noise criteria of MOECC publication NPC-216,
Residential Air Conditioning Devices and thus minimize the noise
impacts both on and in the immediate vicinity of the subject property).
(3) The Owner shall include the following notice in the Agreements of
Purchase and Sale for Lots 18, 19, 51 and 52;
a. Despite the inclusion of noise control features in the design of
the subdivision and individual units, noise levels from road traffic
and the existing may be of concern and may occasionally
Page | 13
interfere with some activities of the dwelling occupants as the
noise exposure level may exceed the noise criteria of the
Ministry of the Environment and Climate Change.
b. An acoustical barrier (1.80 metre fence) has been constructed on this
lot to help reduce outdoor noise levels in the rear yards. The fence
not to be tampered with or removed by the homeowner.
c. The Owner shall include the following notice in the agreements of
purchase and sale for Lots 18, 19, 51 and 52:
Noise Attenuation Fencing - Noise attenuation fencing is a required
feature for this lot to assist in reducing the noise levels to comply with
Ministry of the Environment standards. This fencing must be located on
the private property portion of the lot and must be designed and
constructed in compliance with the recommendations of the noise
attenuation report prepared by Noise Impact Study, prepared by Sernas
Associates, dated October 2009 as job number 09264.The maintenance
of this fencing is the responsibility of the owner of the lot after the
developer has been released from any further responsibility for the fence.
School Board
7.5 The Owner shall include the following warning clause in agreements of purchase
and sale for All Lots and Blocks:
School - Purchasers and tenants are notified of the location of a school
on adjacent lands and such school activity may give rise to noise and
traffic.
Future School - Potential purchasers are advised that while an elementary
school site has been reserved within the Brookhill Neighbourhood for the
Kawartha Pine Ridge District School Board that it may not be constructed and
used as an Elementary School site. All potential purchasers are further advised
that an existing Kawartha Pine Ridge District School Board school will be used
to accommodate all public board elementary pupils until such time as any new
Elementary School can be constructed in the Brookhill Neighbourhood. If a new
Elementary School is not constructed within Brookhill Neighbourhood, than all
pupils will be accommodated at an existing public board elementary site.
Nearby Farm Operations
7.6 The Owner shall include the following warning clause in agreements of
purchase and sale for Lots All Lots:
Farm Operations –There are existing farming operations nearby and
that such farming activities may give rise to noise, odours, truck traffic
Page | 14
and outdoor lighting resulting from normal farming practices which may
occasionally interfere with some activities of the occupants.
Nearby Park
7.7 The Owner shall include the following warning clause in agreements of
purchase and sale for Lots 32 to 37, 56, 57 and Block 68:
Park - The adjacent Block 75 is designated for parkland uses including
community events and recreation facilities which, when developed, may
contain active lighted facilities for night-time services.
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 2.2, 3.3, 4.1 (1) & (2), 7.4, 6.1 & 7.3 have been
satisfied;
(b) Central Lake Ontario Conservation Authority, how Conditions 6.2 have
been satisfied; and
(c) Kawartha Pine Ridge District School Board, how Conditions 7.5 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 (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 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.
Page | 15
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue,
Oshawa, Ontario LIH 3T3 (905) 579-0411.
(c) Kawartha Pine Ridge District School Board, 1994 Fisher Drive,
Peterborough, Ontario K9J 6X6.
Without Prejudice
June 3, 2016
Corporation of the Municipality of Clarington
By-law 2016-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2011-0012;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1.SECTION 12 “SPECIAL EXCEPTIONS – URBAN RESIDENTIAL TYPE ONE (R1)
ZONE is hereby amended by adding a new Special Exception Zone as follows:
“12.4.97 URBAN RESIDENTIAL EXCEPTION (R1-97) ZONE”
Notwithstanding Sections 3.1 g., i) and iv); 3.16 i. iv); 12.1; 12.2 a); b); c); d) i), ii), iii),
f); i), those lands zoned R1-97 on the Schedules to this By-law shall only be used for
single detached and semi-detached dwellings, subject to the following zone regulations:
a.Lot Area (minimum)
i)Single detached dwellings with minimum of 10.0 metre
frontage 300 square metres
ii)Single detached dwellings with minimum of 12.0 metre
frontage 370 square metres
iii)Semi-detached dwellings with a minimum of 18.0 metre
frontage 550 square metres
b.Lot Frontage Interior (minimum)
i)Single detached dwelling 10.0 metres
ii)Single detached dwelling 12.0 metres
iii)Semi-detached dwellings 18.0 metres
c.Lot Frontage Exterior (minimum)
i)Single detached dwelling 12.0 metres
ii)Semi-Detached dwellings 20.0 metres
d.Yard Requirements (minimum)
i)Front or exterior side yard 6.0 metres to the garage;
3.0 metres to dwelling;
1.2 metres to the unenclosed
porch; on a street abutting a
municipal sidewalk
6.0 metres to the garage;
3.6 metres to dwelling;
1.5 metres to the unenclosed
porch
ii)Interior side yard for single-detached
dwellings 1.2 metres on one side and
0.6 metres on the other side
iii)Interior side yard for semi-detached dwellings 1.2 metres
e.Special Yard Regulation
i)Bay windows with foundations 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 3.0 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 yard, but in no
instance shall the front or exterior side yard be reduced below 1.0
metre.
iii)Visibility Triangle (minimum)5.0 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 dwellings
a)Dwelling 45 percent
b)Total of all buildings and structures 50 percent
iii)Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable floor 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 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 20.0 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 the average finished
grade measured at the front lot line (maximum)1.0 metre
h.Height (maximum)
i)1 storey 8.5 metres
ii)All other residential units 12.5 metres
i.Semi-detached driveway width (maximum)4.6 metres
j.Garage Requirements
i)All garage doors shall not be located any closer
to the street line than the dwellings front wall or
exterior wall or covered porch projection
ii)Garage width for a 10.0 single detached dwelling
shall be a maximum 40% of the width of the lot
2.SECTION 14 “SPECIAL EXCEPTIONS – URBAN RESIDENTIAL TYPE THREE (R3)
ZONE is hereby amended by adding a new special exception zone as follows:
“14.6.51 URBAN RESIDENTIAL EXCEPTION (R3-51) ZONE”
Notwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.; e.; g.;
and h. those lands zoned R3-51 on the Schedules to this By-law shall only be used for
semi-detached dwellings and street townhouse dwellings having frontage on both a
public lane and an improved public street, subject to the following:
a.Semi-detached shall be permitted as follows (minimum):
i)Lot area 450 square metres
ii)Lot frontage - interior 14.8 metres
iii)Lot frontage - exterior 18.0 metres
b.Street townhouse dwelling shall be permitted as follows (minimum):
i)Lot area 180 square metres
ii)Lot frontage - interior 6.0 metres
iii)Lot frontage – exterior 9.0 metres
c.Yard Requirements (minimum)
i)Front yard or exterior side yard – abutting an improved public street
that is 20 metres wide or less 3.0 metres to dwelling;
1.2 metres to the unenclosed
porch; on a street abutting
a municipal sidewalk 3.6 metres
to dwelling; 1.5 metres to the
unenclosed porch
ii)Front or exterior side yard – abutting an improved public street
that is 23 metres wide or greater 4.0 metres to dwelling;
2.0 metres to the unenclosed
porch
iii)Interior side yard 1.2 metres, nil where building
has a common wall with any
building on an adjacent lot
located in an R3-XX zone
iv)Rear yard
a)Dwelling to a public lane 13 metres
b)Garage to a public lane 1.0 metres
d.Special Yard Regulation
i)Minimum separation between the dwelling and detached
garage on the same lot shall be 6.0 metres.
ii)A detached private garage may have a 0.0 metre side yard
setback where the detached garage has a common wall with
another private garage on an adjacent lot located in the R3-51
zone.
iii)Bay windows with foundations may project into any rear or exterior
side yard to a distance of not more than 0.75 metres with the bay
window having a maximum width of 3.0 metres.
iv)Steps may project into the required front or exterior side yard, but
in no instance shall the front or exterior side yard be reduced below 1.0
metre.
e.Visibility Triangle (minimum)5.0 metres
f.Lot Coverage (maximum)
i)Semi-detached dwelling 40 percent
ii)Semi-detached dwelling and total of all buildings
and structures 50 percent
iii)Townhouse dwelling 45 percent
iv)Townhouse dwelling and total of all buildings and structures
55 percent
v)Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable floor 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 10.0 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 15.0 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 the average finished
grade measured at the front lot line (maximum)1.0 metre
h.Height (maximum)12.5 metres
i.No parking space shall be located in any front or exterior side yard.
3.Section 15 “SPECIAL EXCEPTIONS –URBAN RESIDENTIAL TYPE FOUR (R4)
Zone is hereby amended by adding a new Special Exception Zone as follows:
“15.4. 41 URBAN RESIDENTAIL EXCEPTION (R4-41) ZONE”
Notwithstanding Section 3.11, 3.16 b) (ix) , 3.28, 15.1, 15.2, a, c, e., g., h., i., those lands
zoned (R4-41) as shown on the Schedules to this By-law shall have frontage on an
improved public street, and access on a public lane or private street subject to the
following uses and regulations”
a.Permitted Residential Uses:
i)Apartment Building
ii)Stacked Townhouses
iii)Street Townhouses
b.Permitted Non-residential Uses for Apartment Buildings only:
i)Bank or financial establishment, business, professional or administrative
office;
ii) Convenience store;
iii) Dry cleaning distribution centre;
iv) Eating establishment;
v) Eating establishment, take-out;
vi) Medical or dental clinic;
vii) Retail commercial establishment;
viii) Service shop, personal;
ix) A public square
c. Drive-through facility is not permitted.
d. Regulations for Residential Uses
i) Density
a) Minimum per block 75 units per hectare
b) Maximum per block 120 units per hectare
e. Regulations for Apartment Buildings
i) Lot Frontage (minimum) 30 metres
ii) Yard Requirements
a) Front yard (north) (minimum) 3 metres;
b) Interior side yard (minimum) 2.0 metres
c) Exterior side yard (minimum) 2.5 metres
(maximum) 4.5 metres
d) Rear Yard (minimum) 3.0 metres to private street
or public lane
iii) Lot Coverage (maximum) 60%
iv) Landscape Open Space (minimum) 25%
v) Building Height (minimum) 3 storeys
(maximum) 6 storeys
vi) Landscape Strip adjacent to the front
or exterior lot line (minimum) 1.5 metres
f. Regulations for Stacked Townhouses and Street Townhouses (minimum)
i) Lot Area 185 square metres
ii) Lot Frontage 6.0 metres
iii) Yard Requirements
a) Front yard or exterior side yard 3.0 metres to the dwelling
1.2 metres to the
unenclosed porch
on a street abutting a
municipal sidewalk
b)Interior side yard 1.2 metres; Nil where a building
has a common wall with any building
on the adjacent lot in the same zone
c)Rear Yard 5.0 metres
iv)Height of floor deck of unenclosed porch
above the average finished grade measured
at the front lot line 0.5 metres
g.Regulations for Stacked Townhouses
i)Rear Yard (minimum)6.0 metres
ii)Lot Coverage (maximum)60%
iii)Landscape Open Space (minimum)25%
iv)Building height (minimum)3 storeys
(maximum) 4 storeys
v)Parking spaces shall not be located in the required yard
between an improved public street and a residential use
vi)2 parking spaces for each Live Work Unit (minimum)
vii)Landscape Strip adjacent to the front or exterior lot line
(minimum)1.5 metres
viii)Second story decks may encroach into the rear yard
(maximum)4.0 metres
h.Regulations for Street Townhouses
i)Only permitted where the dwellings front on an improved public street
on the south side of the block.
ii)Rear Yard (minimum)
a)Dwelling without attached garage to a private street
13.0 metres
b)Dwelling with an attached garage to a private street
6.0 metres
iii)Lot Coverage (maximum)
a)Townhouse dwelling 45%
b)Townhouse dwelling and total of
all structures 55%
iv)Landscape Open Space 30%
i.Special Yard Regulation for Street Townhouses
i)Minimum separation between the dwelling and detached garage on the
same lot shall be 6.0 metres
ii)A detached garage may have a 0.0 metre side yard setback where the
detached garage has a common wall with another garage on an
adjacent lot located in the R4-41 zone
iii) Steps may project into the required front or exterior side yard, but in no
instance shall the front or exterior side yard be reduced below 1.2
metres
iv) Visibility Triangle (minimum) 5.0 metres
v) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable floor 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 10.0 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 15.0 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
vi) No parking space shall be located in any front or exterior side yard.
j. Building height (minimum) 2 storeys
(maximum) 3 storeys
k. Regulations for Non-Residential uses
i) Non-residential uses permitted only in the street front facing portion of
the ground floor of a building containing a permitted residential use.
ii) Total Floor Area of a non-residential use shall be a maximum of 500
square metres
iii) Transparent Glazing (minimum) 60% of the first storey
iv) An outdoor patio will not be permitted for a business licensed to serve
alcohol.
v) Loading spaces may not be permitted in the front or exterior side yard
and may only be accessed by a public lane or private street.
vi) Refuse areas may not be permitted in the front or exterior side yard and
may only be accessed by a public lane or private street and must be
fully enclosed.
4. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Agricultural (A) Zone" to “Holding-Urban Residential Exception ((H) R1-97)
“Agricultural (A) Zone” to “Holding-Urban Residential Exception ((H) R3-51)
“Agricultural (A) Zone” to “Holding-Urban Residential Exception ((H) R4-41)
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 Sections34 and 36 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2016
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk