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Whitby Planning to Make Building Better than Code Mandatory for Builders

April 23, 2020 1:03 PM | Anonymous member (Administrator)

On Wednesday, April 15, 2020, the Town of Whitby released the most updated version of the Whitby Green Standard, the planning tool the Town is developing to help advance sustainable new development across the Town.

You can view the documents here 

DRHBA's government relations (GR) committee has reviewed the documents and have found some items that members should be aware of.  The Whitby Green Standard includes multiple tiers, and Tier 1 is mandatory.

The first, and most important, item that needs your attention is under the Performance Measures section, item ECC 1.7 - Building Energy Performance, which reads that for low-rise residential development, the criteria would be: "Design the building(s) to achieve at least ENERGY STAR® for New Homes, version 17 or R-2000 requirements."  This criteria would require builders to build to better than code, and require more than what is mandated in the Ontario Building Code.  Item ECC 1.6 - Building Energy Performance - for residential buildings four storeys or more and non-residential buildings, the criteria is "Design the building to achieve 15% improvement over OBC, SB-10, Division 3 (2017); OR TEUI, TEDI and GHGI targets by building type (required for Tier 2)."

DRHBA's team evaluated the entire Tier 1 Site Plan Application Checklist included in the documents, and feel that members should take note of the following items:

Equity and Local Economy: Creating safe, equitable places to live and work which support local prosperity and international fair trade.

ELE 1.1 - Affordable Housing

  • "Affordable Housing means: a) in the case of ownership housing, the least expensive of: i) housing for which the purchase price results in annual accommodation costs which do not exceed 30% of gross annual income for low and moderate income households or ii) housing for which the purchase price is at least 10% below the average purchase price of a resale unit in the Region; and b) in the case of rental housing, the least expensive of i) a unit for which the rent does not exceed 30% of gross annual household income for low and moderate income households; or ii) a unit for which the rent is at or below the average market rent of a unit in the Region."
  •  DRHBA comments: Both "accommodation costs" and "low and moderate income" should be fully defined.  Why would a new build cost less than resale?  The real estate market is always changing - what time in the market is used to calculate values - last month?  Five years ago?

Culture and Community: Nurturing local identity and heritage, empowering communities and promoting a culture of sustainable living.

CC1.2 - Outdoor Amenity Space

  • Provide public and/or private outdoor amenity spaces, where appropriate, for multi-residential development and non-residential development, particularly for development within Intensification Areas.
  • DRHBA comments: If no parkettes on condo sites, are balconies needed on stacks?

CC1.3 - Cultural Heritage Resources

  • Complete a cultural heritage impact assessment that describes the cultural heritage resource and potential impacts of development and recommends strategies to mitigate negative impacts, where the alteration, development, or redevelopment of property is proposed on, or adjacent to cultural heritage resources that are designated under Part IV or Part V of the Ontario Heritage Act, per Whitby's Official Plan.
  • DRHBA comments: this will require more reports to be produced by builders/developers and potentially additional costs.

Land Use and Nature: Protecting and restoring land for the benefit of people and wildlife.

LUN1.4 - Tree Canopy

  • If applicable, submit a Tree Preservation Plan in accordance with Whitby's Tree Preservation Cleaning Guidelines for New Developments.  Any trees removed are replaced to maintain the existing tree canopy, per Whitby Tree Preservation and Clearing Guidelines for New Developments.
  • DRHBA comments: Replacing the tree canopy could prove to be difficult - can a mature tree be replaced with a sapling?

Sustainable Water: Using water efficiently, protecting local water resources and reducing flooding and drought.

SW1.2 - Residential Driveways and/or Parking Lots

  • Proposed landscaping within parking areas is required to: 1. Enhance growing conditions for trees, per the Landscape Plan Guidelines for Site Plan and Subdivision Developments Planning and Development Department and 2. Use paving materials that provide for the infiltration of water into the ground and conform to the surface treatment requirements of Zoning By-Law 1784 and 2585.
  • DRHBA comments: We need the Town to be more specific.  Builders typically use concrete slab pavers from porches to driveways - does these mean switching to permeable pavers?

Travel and Transport: Reducing the need to travel, and encouraging walking, cycling and low carbon transport.

TT1.12 - Bike Storage - Short Term

  • 90% of all new buildings provide the following short-term bike storage rates:

o   Non-residential: 2.5% of peak visitors

o   Multi-unit residential: 2.5% of peak visitors

o   Retail: 2 spaces for every 465 sqm

o   Mixed-use: See above requirements

  • Storage should be covered and secure, within line of sight of main entrance.
  • DRHBA comments: the Town needs to provide more specifics - does the multi-unit residential include townhouses?  The formula should also be clarified - 2.5% of visitor parking spaces is the number of bike spots? Providing "covered and secure" will cost more to provide.

Energy & Climate Change: Making buildings and manufacturing energy efficient and supplying all energy with renewables.

ECC1.3 - Passive Solar Orientation

  • Where feasible, 50% (or more) of the development blocks have one axis within 15 degrees of the East-West plane.  East-West lengths of those blocks are at least as long as the North-South lengths of blocks.
  • DRHBA comments: this will be a challenge for planners and their clients (to maximize the use of the property) - the key words are "where feasible." Will an applicant have to demonstrate, with a site plan, that they have attempted to orientate the buildings as suggested? The best land use may or may not comply with this requirement. Grading, servicing, site access, to name a few, are key items in site plan development and building orientation.

ECC1.8 - Building Resilience - For residential buildings four storey or more and non-residential buildings

  • Provide a refuge area with heating, cooling, lighting, potable and power available and 72 hours of back-up power to the refuge area and essential building systems.
  • DRHBA comments: Is this for disaster safety?  For how many people?  A four-story building could include stacked townhouses - how would a refuge area fit in here?  This would have to be a separate building or a space attached to the buildings - how many people?  What formula is used to calculate the space needed - how many square feet per person?  In a condo development, this would be a common element - which could increase maintenance fees.  The Town also needs to define "essential building systems."

These mandatory criteria will apply to new applications submitted after June 2020 for draft plans of subdivision and Site Plans.

You can send your comments to the Town via an online survey  no later than Friday, April 24.

The Town is also hosting a stakeholder consultation session on Wednesday, April 29 from 10 a.m. - noon.  Please register here.

The Durham Region Home Builders' Association will also be submitting their comments to the Town.



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