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HomeMy WebLinkAboutPSD-024-09REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRAT!I~ON COMMITTEEl~ n 4 Date: Monday, February 23, 2009 ~S~u~01'1~~-lI'~'~~'~ Report #: PSD-024-09 File #: COPA 2007-0002 By-law #:0200 '03a and ZBA 2007-0005 01 D~j-c~33 Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW BY 1276467 ONTARIO LIMITED TO PERMIT APARTMENT AND TOWNHOUSE USES, REMOVE THE NEIGHBOURHOOD PARK, AND PERMIT ADDITIONAL COMMERCIAL PARKING FOR LANDS FRONTING DURHAM HIGHWAY 2 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-024-09 be received; 2. THAT Council confirm their resolution of July 14, 2008, authorizing an agreement "to facilitate the acquisition of 71 Old ,Kingston Road and related matters" including the dedication of the valley lands associated with. the subject applications as well as the 0.5 ha parkland dedication; 3. THAT provided the agreement for the acquisition of 71 Old Kingston Road has been executed by the applicant, that Council approve the following: THAT the application to amend the Clarington Official Plan be APPROVED as shown in Attachment 3 to permit an increase in density, permit an increase in housing targets, delete a neighbourhood park and permit an expansion to the Courtice West Shopping District, and that the necessary By-law be PASSED; ii) THAT the application to amend Comprehensive Zoning By-law 84-63 be APPROVED and that the Amending By-law contained in Attachment 4 be PASSED; 4. THAT a copy of Report PSD-024-09 and the attached Official Plan Amendment and adopting By-law be forwarded to the Durham Region Planning Department; and 5. THAT the Region of Durham, the applicant and all interested parties listed in this report and any delegation be advised of Council's decision and be forwarded the Notice of Adoption. REPORT NO.: PSD-024-09 Submitted by: Da d . Crome, MCIP, RPP Director, Planning Services SA/CP/df 13 February 2009 PAGE2 Reviewed by:~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L7C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-024-p9 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: 1276467 Ontario Limited 1.2 Agent: Evans Planning 1.3 Official Plan Amendment Application: This application has two components as follows: Part 1: Delete the "Neighbourhood Park" from the south side of Durham Highway 2 and introduce a high density designation on the east side of Darlington Boulevard, within the Darlington Neighbourhood, to permit a high density residential development containing a 177 condominium unit apartment building ranging in height between 6 and 8 storeys and a separate townhouse block with 6 units; and Pte: To adjust the boundary between the Courtice West Shopping District and the Darlington Neighbourhood, and to expand the "Mixed Use Area" land use designation to permit additional parking for commercial lands located at 1459 - 1465 Durham Highway 2. 1.4 Rezoning: Appropriate to permit a 177 unit apartment building and 6 unit townhouse block, and to expand the commercial zoning area. 1.5 Site Area: 2.05 hectares 2.0 BACKGROUND 2.1 Original Application On December 21, 2006, Staff received Official Plan amendment and rezoning applications from 1276467 Ontario Limited to permit a high density residential development containing a 213 unit condominium apartment building ranging in height between 7 and 9 storeys and a separate townhouse block with 9 units. Access for the development was proposed from Durham Highway 2 through a commercial property located at 1465 Durham Highway 2. A central stormwater management pond was located to the south of the development, which would accommodate flows from the proposal, from a future residential development to the south, and from Darlington Boulevard once this roadway is reconstructed. A small 0.5 hectare parkette was being proposed on the south side of the stormwater management pond. REPORT NO.: PSD-024-09 PAGE 4 The valley lands and environmentally sensitive portions of the property would be dedicated to the Municipality of Clarington for stewardship and passive recreational purposes. 2.2 Alternative Access Based on a review of the initial submission, the applicant was"requested to secure an alternative means of access to the site from Darlington Boulevard, improving access both for future residents and emergency vehicles. As a result, the applicant has secured the property located at 15 Darlington Boulevard for access and development purposes. This entrance will be designed to direct traffic egressing the subject site north on Darlington Boulevard to the traffic lights at Durham Highway 2. On this property known as 15 Darlington Boulevard the applicant is also proposing three (3) single detached dwellings as part of the condominium project. 2.3 Omen Houses Staff held two Open Houses for the residents of the area. The first was held June 26, 2007 to introduce and present the proposal to area residents prior to the public meeting. There were approximately 100 residents from the neighbourhood that attended. In response to concerns raised at the first Open House, the applicant submitted a revision to the proposal on August 29, 2007 reducing the number of units in the apartment building from 193 to 177 and reducing the height of the apartment building from 7 and 9 storeys to 6 and 8 storeys. The townhouse block remains unchanged at 6 units while the number of single detached units at 15 Darlington Boulevard also remains at three units. The configuration and location of the stormwater management pond is unchanged. Access will be maintained from Durham Highway 2 and Darlington Boulevard. Attachment 1 includes a key map for the current proposal and Attachment 2 is a concept plan of the current proposal. A second Open House was held September 10, 2008. In response to concerns that resident's outside the required circulation area are nonetheless affected by these applications, notice of the second Open House was given to an expanded area. The notice area was extended beyond the requirements of the Planning Act, to include all residences to the west up to and including the east side of Townline Road. Approximately 45 residents signed in. The issues raised at the two meetings included: • Residents do not want high density at this location as it will detract from their views of the open space and Farewell Creek valley. They also feel that private ownership will limit their ability to walk on the property to Farewell Creek and access the Farewell Creek valleylands. • High density does not fit in with the existing neighbourhood. It detracts from their neighbourhood, and it will have a negative impact on their property values. REPORT NO.: PSD-024-09 PAGE 5 • Some residents associate apartment buildings with social or rental housing and expressed concerns about anti-social behaviour and reduced property values. • Some feel that the development is not transit oriented because it does not front on Durham Highway 2 and many of the occupants will not use transit. • Residents indicated that they experience large volumes of traffic currently "shortcutting" through the Darlington Neighbourhood to and from Olive Avenue in Oshawa to the Durham Highway 2/Darlington Boulevard intersection. This causes problems for residents along Kingswood Drive, Edinborough Lane, Foxhunt Trail and Darlington Boulevard. A suggestion was made to close off Kingswood Drive. • The proposal will create additional traffic loads onto Darlington Boulevard and adjacent streets. Since Darlington Boulevard is relatively long and straight, some traffic tends to race through the neighbourhood now. • There are currently no sidewalks on Darlington Boulevard. Residents feel that their safety is being compromised by speeding traffic along this road. • Access for the development onto Darlington Boulevard is not preferred by area residents. They believe it could lead to shortcutting through the development. Residents would prefer to have this development only accessible by Durham Highway 2. Also, they want the developer to consider a connection from this site to the intersection at Centrefield and Durham Highway 2. Residents do not believe the traffic data is accurate or reliable. • Residents question how the lands would be serviced. • Several residents requested information on how the remaining lands on Darlington Boulevard would develop. • Residents question what the impact on their property taxes would be due to additional development in the area. • The proposed stormwater pond should be fenced. This is a safety issue. • Resident's questioned when the proposed development will be constructed, when will the Darlington Boulevard reconstruction occur and how much cost will be incurred by the existing resident's for the Darlington Boulevard reconstruction. Further discussion on these issues is contained in the Comments section. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 Site Characteristics The property at 43 Darlington Boulevard is currently vacant and includes two developable areas backing onto the properties on the east side of Darlington Boulevard containing tableland suitable for development. The development areas are bisected by a lower area, which transitions towards the Farewell Creek valley: The remainder of the property contains wooded valleylands associated with the Farewell Creek. The property is also bisected by a servicing easement in favour of the Region of Durham. REPORT NO.: PSD-024-09 PAGE 6 The proposal also includes property at 15 Darlington Boulevard, which contains a single detached dwelling. This property is relatively flat and drains towards the east. 3.2 Surroundina Uses: East: Open space lands associated with the Farewell Creek North: Commercially designated lands, Durham Highway 2 and existing commercial and high density residential West: Residential lots on Darlington Boulevard South: Lower valley slope associated with the Farewell Creek 3.3 Neighbouring Development Applications There are two development applications located on adjacent properties as shown on the drawing below: • 2117412 Ontario Limited, north of the subject lands, has submitted a site plan application (SPA 2007-0002) for lands located at 1459, 1461, 1463 and 1465 Durham Highway 2 to develop a retail commercial centre with 3,281 mZ of retail and office floorspace. The proposal includes two free- standing buildings along Durham Highway 2 with a two storey building at the rear (south) of the property. The zoning in place at this time would permit this proposal. • Pointe of View Developments (Stonecreek Pointe) Inc., east of the subject lands, has submitted a site plan application (SPA 2007-0010) for lands located at 1475 Durham Highway 2 to permit the development of 184 apartments units within three 4-storey buildings. The current Official Plan designation and zoning of this property permits this development. - ' „ ~r ~ MY';. `~ ay W V '~7y~. YaM ~ ~ ~ 1L } ` ~ !'~! ._rttr~ ~~ 4 ~ .ice. ~~~ • 1 A REPORT NO.: PSD-024-09 PAGE 7 Staff would note that the residential proposal south of the stormwater management pond is only conceptual at this stage and no applications have been submitted to the Municipality. 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement identifies settlement areas as the focus of growth and supports residential intensification of vacant and underutilized property. The policies also promote a variety of higher density residential development within urban areas to provide lifestyle options for residents. Healthy active communities with a balance of recreational opportunities including facilities, parklands and open space are promoted. The natural areas of the property would be retained in their natural state and transferred to the Municipality of Clarington. The proposed development is consistent with the Provincial Policy Statement. 4.2 Growth Plan The Provincial Growth Plan promotes urban intensification of underutilized and vacant properties for intensive development. Emphasis is placed on intensification along major arterial roads to support transit use. Intensification along Durham Highway 2 promotes transit supportive development. Dedication of valley land and sensitive areas ensures that natural areas are protected and used for passive recreational uses such as walkways. The proposed development is consistent with the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Qfficial Plan The Durham Regional Official Plan encourages efficient use of land for development, protection of significant natural features and their functions, and a mixture of housing by type, mix, and tenure. The application conforms to the basic direction of this Official Plan. The Durham Regional Official Plan designates the subject lands as "Living Area". A variety of residential building forms are permitted within this designation. Since the Plan designates Durham Highway 2 as a transit corridor, residential intensification is encouraged along this arterial roadway. The application conforms to the policies. 5.2 Clarington Official Plan The Clarington Official Plan promotes the principle of healthy communities through opportunities for recreational and social well-being of our residents. Growth management policies promote protection of natural systems and compact urban form through intensification, higher densities and mixed use development. The application conforms to the basic directions of this Official Plan. The Clarington Official Plan designates the property "Urban Residential". The Clarington Official Plan also contains a "Neighbourhood Park" at the northern edge of the property, which was intended to include the subject lands as well as REPORT NO.: PSD-024-09 PAGE 8 portions of neighbouring properties fronting Darlington Boulevard south of the commercial lands fronting Durham Highway 2. Park facilities are provided to the residents 'for enjoyment, recreational needs, and to promote healthy communities. Neighbourhood parks are provided on the basis of 0.8 hectares per 1,000 persons and shall have a size ranging between 1 to 3 hectares. There is a High Density symbol adjacent to the proposed development on Map A2, however, the `Housing Target -Table 9-2' does not allocate units to this property. The applicant has submitted an application to amend the Clarington Official Plan for consideration of this proposal. The application has also requested that the "Neighbourhood Park° be removed to accommodate the proposal. In order to permit additional parking for the commercial property located at 1465 Durham Highway 2, the applicant proposes to adjust the boundary between the Courtice West Shopping District and Darlington Neighbourhood, by redesignating a strip of property from "Urban Residential" to "Mixed Use Area". 6.0 ZONING BY-LAW CONFORMITY 6.1 The application comprises two parcels, 43 Darlington Boulevard and 15 Darlington Boulevard. Zoning By-law 84-63 zones the subject lands portion of 43 Darlington boulevard as "Holding-Urban Residential Type One ((H)R1) Zone" and "Environmental Protection (EP) Zone". The western half of 15 Darlington Boulevard is zoned "Urban Residential Type One (R1) Zone", which recognizes the exiting single detached dwelling. The eastern half of 15 Darlington Boulevard, which is currently vacant, is zoned "Holding-Urban Residential Type One ((H)R1)". In order to permit more intensive development of these lands a rezoning application was submitted for consideration. 6.2 To permit additional parking for the commercial property located at 1465 Durham Highway 2, .the applicant proposes to rezone a strip of property from "Holding-Urban Residential Type One ((H)R1) Zone" to General Commercial Exception (C1-39) Zone". This is also a component of the requested Official Plan amendment. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Planning Rationale The applicant prepared a planning rationale that examined the existing planning context, policy framework contained in the Clarington Official Plan, Durham Region Official Plan, Provincial Policy Statement, and the Growth Plan. The report concludes that the proposal can be supported on the following basis: • The proposal promotes efficient use of land through urban intensification and growth purposes. The development provides an alternative housing form within Courtice that will allow residents to move from low density housing to high density condominium apartments. REPORT NO.: PSD-024-09 PAGE 9 • The property is located in proximity to Durham Highway 2 for transportation and transit access. • The development will be situated on the eastern edge of the property, providing appropriate distance separation to existing dwellings on Darlington Boulevard. • The development is consistent with local and upper tier policies on achieving compact development without affecting the human and natural environment. • The removal of the neighbourhood park alleviates a potential conflict between a neighbourhood park and the existing residents on the east side of Darlington Boulevard. A neighbourhood park in this location would not have frontage or direct access to a public road. Typically a neighbourhood park would be open to public view, have direct access by a public road and access to public transit. A neighbourhood park in this location could cause conflict with hours of use, lights, traffic, parking, etc. • Through the processing and subsequent approval of these applications, the Municipality will gain a property formerly known as 71 Old Kingston Road (0.46 ha (1.13 ac) as a trail head area for public access to the .Farewell Creek valley. 7.2 Environmental Impact Study An Environmental Impact Study (EIS) prepared by Niblett Environmental Associates Inc. in 2002 identified the limits of development on the subject lands. The report provided recommendations for additional work to be completed prior to issuance of development approvals. An Environmental Impact Study - Addendum Report was prepared by Niblett also in 2007/2008. The Study determined that development of the subject site will not have a significant impact on the features and functions of the environmentally sensitive area provided that the development is located above the stable top of bank and setbacks as shown on site plans and defined in a geo-technical report confirmed by Geo-Logic. A number of recommendations resulted from the Addendum Report (a total of fifteen) and include: • There shall be restrictions on in-water work for the protection of fish habitats from March 15th to July 1s1 and from September 15t" to May 31st Therefore, all in-water work must be conducted between July 151 and September 15th. The development limit shall be 6 metres from the stable top of bank line. A 5 metre setback from the dripline of the trees shall be implemented where it is not encompassed by the afore-mentioned 6 metre setback. This development limit shall become the new Environmental Protection zone line. • This development limit shall be staked and a silt and snow fence installed and maintained during all construction. • Site alteration, including grading and the removal or addition of fill, is prohibited below the development limit. The exception to this is the stormwater pond area. Specific precautions, detailed in the Addendum REPORT NO.: PSD-024-09 PAGE 10 Report, shall be taken prior to, during and after construction of the stormwater pond. The stormwater ouffall shall be designed in consultation with a qualified fisheries biologist and CLOC staff. • Trails are permitted within the 30 metre setback from the creek, provided they remove a minimum of vegetation and are not an impervious surface. Trail access points shall prohibit the use of motorized vehicles. Municipal Staff and CLOC are satisfied with the results and findings of the Addendum Report. The recommendations of the EIS Addendum Report will be implemented through the rezoning and site plan applications. 7.3 Traffic Imaact Analvsis A traffic impact analysis was prepared as part of the original application submission and provides the following conclusions. The report assumed an annual 2% increase in background traffic levels on Durham Highway 2 and an annual 1 % increase in background traffic levels on Darlington Boulevard and Varcoe Road. The report concluded that: • The proposal should not impact the function and capacity of the intersection at Darlington Boulevard and Durham Highway 2. • The westerly commercial driveway on Durham Highway 2 will operate with no problems since only right turns are made in and out of the site. • Outbound traffic from the easterly driveway of the commercial block can expect a noticeable delay. This should not affect residential traffic since they can exit onto Darlington Boulevard to Durham Highway 2. .Inbound traffic to the site from Durham Highway 2 will experience level "A" service in the a.m. period but level "D" service in the p.m. periods. • Generally, the proposed residential development is projected to have a negligible impact on area roads. As noted previously, residents of the area were not satisfied with the either the study assumptions or the study results. There were also several issues raised by Durham Region Works Department and Clarington Engineering Services. Additional field work and study was done to examine traffic infiltration in the Kingswood Drive area and the implications of further development on this traffic infiltration. This additional work was conducted in August and September of 2007. The August data collection was for traffic infiltration through the Kingswood Drive, Edinborough Lane, Foxhunt Trail and Darlington Boulevard road network and the September data collection was for traffic volumes at the Townline/Kingsway/Olive intersection. Although the summer traffic infiltration counts may be low due to vacations, the September counts would include usual traffic volumes. Adjustments to the August traffic data were made to increase the numbers to an annual representation. Both Durham Region Works and Clarington Engineering Services are now satisfied with the Study methodology, data collection, assumptions and results. REPORT NO.: PSD-024-09 PAGE 11 Infiltration through the adjacent neighbourhood does occur, however it is a negligible amount in context of the carrying capacity of these local roads. The development of an additional 177 dwelling units in the high density development proposed will not have a negative impact in an engineering context on the roads functionality or capacity to carry traffic. Staff are aware of the residents concerns of the traffic infiltration in their neighbourhood. Although the infiltration rates are not high, there is also a speed concern for the through traffic. To reduce the impact of the proposed high density development staff have requested the applicant design the Darlington Boulevard entrance to direct traffic in a northward direction to the signalized intersection at Darlington Boulevard and Durham Highway 2, instead of permitting traffic egressing the subject site to flow southward along Darlington Boulevard and then to infiltrate the adjacent neighbourhood. Detailed design will occur through the site plan review process and staff are satisfied that an acceptable entrance design can be achieved. 7.4 Urban Design Overview An urban design overview was submitted with the proposal to outline the design approach of the application. • The project is being designed in conjunction with the adjacent commercial block as one comprehensive development. The commercial component provides an urban edge to the streetscape with two street-related buildings. • The residential component is situated on the eastern edge of the property and defined by the Farewell Creek valley, top-of-bank, and the Durham Regional servicing easement that diagonally bisects the property. • The 8 storey section of the building is farther away from existing homes. The building steps down to 6 storeys as it curves southwest. The townhouse component represents a further transition in building height to the south and towards the valley. The position and size of the buildings minimize the visual impact and provide architectural interest. REPORT NO.: PSD-024-09 PAGE 12 The proposed buildings are sited to minimize their impact on the existing residential fabric. A continuous internal sidewalk will link the proposal through the adjacent commercial development to Durham Highway 2 and the future residential area to the south. The project is designed to allow neighbours an opportunity to redevelop or backlot the properties on Darlington Boulevard. 7.5 Shadow Calculations Shadow calculations have been prepared by the applicant, which show the shadows for various times of the year. While there will be some periods during the winter when shadows may affect existing residences on Darlington Boulevard, the shadows affect them for small periods of time during the morning hours. The proposal will cast longer shadows onto the commercial uses to the north and the valley areas. Generally, the proposal should not have a significant shadow impact on existing residences. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site. The notice area was extended to include all properties west to Townline Road and north to Durham Highway 2 at the bequest of residents at the June 2007 Open House. Two (2) public meeting notice signs were erected one (1) facing Darlington Boulevard and one (1) public meeting notice sign was erected facing Durham Highway 2. Comments from general inquiries and written submissions received to date are summarized below: The proposal will increase traffic levels in the area. Ability to turn onto Durham Highway 2 will be problematic. There is no appropriate intersection with traffic lights being developed. The project is viewed as urban sprawl and contributing to the removal of green space from the urban environment. REPORT NO.: PSD-024-09 PAGE 13 There is insufficient parking being planned for the project, which will result in on-street sparking and enforcement issues, as well as snow removal problems. • Crime rates will increase since people who live in these buildings typically do not supervise their children. • Emergency vehicles will not have adequate access to the development due to limited roads and awkward access provisions. • The privacy of single detached homeowners will be destroyed by people from the apartment building looking into peoples' homes and backyards. • Vehicular traffic will increase through the Darlington Neighbourhood as people short-cut through the area to get to Oshawa and Highway 401. This will affect the safety of area residents and their children. • There are insufficient schools in the area to accommodate the additional student load. • CLOC must be consulted to determine the environmental impact of the proposal on the floodplain. • There will be parking and pedestrian overflows from the Courtice Medical Centre on the north side of Durham Highway 2. • There is no local public transit along Durham Highway 2 able to accommodate commuting from the site into Oshawa or Bowmanville. • The proposed development will draw a certain socio-economic part of society not consistent with the residents of surrounding neighbourhoods. • Darlington Boulevard will be covered in mud from construction vehicles throughout the project's construction phase. These issues are discussed in Section 10 of this report. 9.0 AGENCY COMMENTS 9.1 The application has been circulated to a number of agencies for comment. Rogers Cable, Kawartha Pine Ridge District School Board and Durham Region. Transit have no objections to the proposal. 9.2 While the Clarington Emergency Services Department and the Building Division have no objections to these applications, their technical development issues will be addressed through site plan approval. 9.3 The Clarington Engineering Services Department have no objections to the proposed Official Plan amendment and zoning amendment to permit the high density development and stormwater pond. Outstanding technical issues will be resolved through the site plan process. 9.4 Bell Canada has no objections to the proposal but indicated that they may need a service easement to the subject lands. Further comments will be provided through the site plan process. REPORT NO.: PSD-024-09 PAGE 14 9.5 Enbridge Gas Distribution Inc. has no objections to the proposal but requests that the developer discuss installation and clearance requirements for service and metering facilities. 9.6 Durham Region Staff find the application for Official Plan amendment and rezoning in conformity with provincial and regional plans and initiatives. The Regional Works Department had initial concerns regarding the traffic study, but concurred with the results of the additional work that was forwarded to their office in response to their concerns. The Region has stated that this application is exempt from Regional approval. 10.0 COMMENTS 10.1 Area residents have raised a number of issues with this proposal both at the Open House and through public submissions. The following discussion outlines how issues have been addressed to date. In other instances, certain issues will require resolution through site plan approval. 10.2 Traffic Issues The main issue of concern centres on traffic impacts the proposal may have on the surrounding road network. These issues include: • Traffic shortcutting through the Darlington Neighbourhood from Oshawa to avoid the Townline Road and Durham Highway 2 intersection and its effects on public safety; • Anticipated increase in traffic loads onto Darlington Boulevard and adjacent streets; • Traffic racing on Darlington Boulevard; • Traffic queuing problems at Darlington and Durham Highway 2; and • Lack of sidewalks on Darlington Boulevard. A number of these issues were examined through a traffic infiltration analysis (August 2007) and updated traffic count (September 2007). The traffic data and analysis was peer reviewed by the municipal traffic consultant and found that the combination of non-local traffic and estimated additional traffic from the new development is well below the capacity of the road sections making up the infiltration route. The Region also reviewed the new traffic data and have no further concerns with traffic impacts from this development. The traffic study identified the intersection at Darlington Boulevard and Durham Highway 2 as operating at no poorer than a Level B service, and therefore not having queuing issues. When the re-construction of Darlington Boulevard is undertaken, it will be to a urban local road standard, which has a sidewalk on one side. Residents have stated that currently cars use excessive speed on Darlington Boulevard due to its straight, long, narrow configuration. The Municipality will examine traffic calming measures during the design phase of the Darlington Boulevard reconstruction. REPORT NO.: PSD-024-09 PAGE 75 10.3 Public Notification The Planning Act requires that notification of a public meeting be provided to property owners within 120 metres of an application. In response to complaints by residents living. beyond this area, public notification was mailed to each landowner both within 120 metres of the subject site and all properties west to Townline Road and north to Durham Highway 2. Public meeting notice signs were also erected facing Darlington Boulevard and Durham Highway 2. Notice for the second Open House also was given to resident's of the extended area to Townline Road. 10.4 Loss of Green Space Area residents on the east side of Darlington Boulevard, some for decades, have enjoyed the views and open space of this property in its undeveloped state. The proposed development is situated on table lands designated for development purposes. The proposal has evolved to address issues of view corridors and minimizing impacts on privacy for existing residences on Darlington Boulevard. It should be noted that only five houses will directly back onto the apartment building site. The applicant is required to dedicate the valleylands, along with a 6 metre buffer, as identified through the Environmental Impact Study to the Municipality. The dedication of these valley lands will allow the Municipality to further its walking trail plans through the Farewell Creek valley, channelling movements through the valley and protecting sensitive areas. Access to the Farewell Creek valley has historically been through trespass over private property. The Municipality will acquire from the applicant, through the approval of these applications, a property known municipally at 71 Old Kingston Road. The applicant purchased this property with the intention of providing the Municipality with a trailhead area and access point for the Farewell Creek valley. Residents of the Municipality will be able to access this property from Old Kingston Road and in time a parking area will be provided. This acquisition will improve all residents use and enjoyment of the Farewell Creek valley. The Municipality will also acquire a 0.5 ha park, adjacent to the proposed stormwater management pond for this site. This pond is being designed to become an amenity feature for this neighbourhood area and the adjacent parkland will provide a visual connection to this pond area as well as a physical link to the future trail system within the Farewell Creek valley. 10.5 Public Perception of High Density People have associated high density housing forms with social or rental housing, neighbourhood denigration, increased crime rates, and a reduction in property values. At the Open House, the applicant presented the project profile, indicating that the development will be marketed towards more affluent retirees by virtue of the unit size and price scheme. The applicant also suggested the building materials and project finish are expected to be high in calibre. The applicant has advised the REPORT NO.: PSD-024-09 PAGE 16 tenure of the project will be condominium not rental. A condominium application has not been submitted at this time. 10.6 Lack of Public Transit Some residents believe that the development is not transit oriented because it does not front on Durham Highway 2. Others feel that many of these residents won't use transit because of convenience or because connections aren't easy for commuting purposes. While the project is setback from Durham Highway 2, this project is considered to be transit supportive due to its proximity to the Durham Highway 2. Although many of the residents may not use transit for trips or commuting purposes, it provides them with the opportunity to use transit should they wish to do so as transit service improves. There are both east and westbound transit stops on Durham Highway 2, within approximately 400 metres of the proposed front door location of the high density building on the subject site. Walkability is considered to be most successful at distances approximately 500 metres or less. Thus, staff consider this development to be transit supportive. 10.7 Parking and Access Area residents expressed concerns the proposal will create on-street parking problems on Darlington Boulevard while the proposed access from Darlington Boulevard will result in additional traffic on Darlington Boulevard. The current development proposal indicates 346 parking spaces which is an excess of 82 parking spaces above the minimum requirements of the Zoning By- law (254). The proposed zoning by-law amendment requires the development to provide 330 parking spaces for the 177 high density units as well as 14 spaces for the townhouse units. 258 of these spaces are shown underground and an additional 88 surface parking are provided to accommodate the needs of its residents as well as visitors. There should not be any on-street parking problems caused by the proposed development on Darlington Boulevard. The proposed driveway from Darlington Boulevard is intended as an alternate access and egress for residents and emergency vehicles. In particular, west bound movemeht would benefit from the traffic signals at Durham Highway 2 and Darlington Boulevard. Since only residents of this development will be able to use 'the driveway from Darlington Boulevard, short-cutting through the development by the general public will not be an issue. 10.$ Environmentallmpacts As discussed in Section 7.2, the Addendum Report to the 2002 Environmental Impact Study was completed by a consultant chosen and retained by the Municipality. The Municipality is satisfied with the conclusions and recommendations contained within the Addendum Report. There will be ho anticipated adverse impacts upon the Farewell Creek and its associated vegetation, wildlife and valleylands caused by this proposal. REPORT NO.: PSD-024-09 PAGE 17 10.9 Area Servicing The proposal will largely be dependent upon the reconstruction of Darlington Boulevard for municipal services. In turn, the reconstruction of Darlington Boulevard is also contingent on the proposal for storm sewer capacity within the stormwater management facility within the development, which is being oversized to accommodate Darlington Boulevard reconstruction. This project cannot proceed until Council budgets for these works. 10.10 Infill Potential for Darlington Boulevard Properties A number of residents with property on the east side of Darlington Boulevard requested information on how their rear yards could be developed. The applicant presented two intensification scenarios for small single detached dwellings based on a public road system and a private condominium road system. An assembly of rear yards or the entire properties will require co-operation amongst the different landowners. 10.11 Existing School Capacity The school boards were requested to comment on the application through the review process. Comments were received from the public school board which has no objection to the proposed development. High density development typically generates a lower student load than low density development. 10.12 Park Land .The applicant requested deletion of the Neighbourhood Park designation located south of Durham Highway 2 and east of Darlington Boulevard as part of the Official Plan amendment application. To address the parkland issue within the area the applicant proposes the acquisition and dedication to the Municipality of 71 Old Kingston Road. This property is located south of Durham Highway 2 and is 0.46 ha (1.13 ac) in area. It is proposed that this property serve as a trailhead area to the Farewell Creek valley and provide an opportunity for access to the valley lands. In future a parking area could, be constructed by the Municipality. In addition, the applicant shall convey a 0.5 ha (1.24 ac) parcel of tableland to the Municipality fora parkette. This parkette block will be east of Darlington Boulevard and adjacent to a stormwater management pond for the proposed residential development. The stormwater management pond will be designed as an amenity feature. The parkette will also function as an access to the future trail system in the Farewell Creek valley. In the immediate future the parkland will be accessible from the Farewell Creek valley, however, the current landowners are contemplating a small subdivision development which would provide road access and frontage to this parkland. In total, the Municipality will acquire 0.96 ha of land for park purposes from the applicant. The 0.96 ha is over and above the valley land dedication. The Official Plan states that parkland be provided at a ratio of 0.8 ha per 1,000 persons. The Darlington Neighbaurhood contains the Foxhunt Park which is approximately 0.77 ha, the new parkette to be conveyed which is 0.5 ha, and 71 Old Kingston Road which is 0.46 ha. This gives the Darlington Neighbourhood a total of 1.73 ha of parkland, not including any valleylands associated with the Farewell Creek valley. Based on the future Neighbourhood population of 2400, the Darlington REPORT NO.: PSD-024-09 PAGE 18 Neighbourhood would require approximately 1.92 ha. Although this is deficient by 0.19 ha, the Darlington Neighbourhood has the advantage of the Farewell Creek valley being located within its bounds. The Municipality has been acquiring the Farewell Creek valleylands for a number of years as development occurs. The Municipality uses valleylands for public recreational purposes and to ensure the protection of the valleys from negative impacts of development. Staff finds that the Darlington Neighbourhood will provide adequate parkland, with connections and access to the open space system of the Farewell Creek through trails and paths and will provide the residents with opportunities for both passive and active recreational activities. The Municipality also achieves an excellent opportunity to create a gateway access to the Farewell Creek valley for the residents of Courtice. Although typically parkland dedication occurs at site plan or subdivision approval, the acquisition of these lands for park purposes shall be required, at the approval of the Official Plan amendment which deletes the Neighbourhood Park. On July 16, 2008, Council passed By-Iaw.2008-150 authorizing the execution of an agreement between the Municipality of Clarington and the applicant to facilitate the acquisition of 71 Old Kingston Road. The background and resolution associated with By-law 2008-150 did not address the advance acquisition of the valley land and the above referenced 0.5 ha parkette. Since the developer is willing to transfer these additional lands in advance of development and, in consideration of the applications being considered by Council, it is recommended that Council's position be amended to recognize the Agreement provides for the parkland requirements of SPA 2007-0002, COPA 2007-0002 and future development of the remnant lands south of the 0.5 ha parkette. The Agreement provides for the following: i. the acquisition of 71 Old Kingston Road as approved in July 2008; ii. the transfer of the valley lands associated with the subject application as condition of Official Plan amendment; and iii. the dedication of the 0.5 ha parkette abutting the stormwater management block, east of Darlington Boulevard. An agreement to this effect has been prepared by the Municipality and reviewed and agreed to by the applicants. 10.13 Adjustment to the Courtice West Shopping District Boundary The applications for Official Plan amendment and Zoning By-law amendment include an adjustment to expand the Courtice West Shopping District boundary, the corresponding "Mixed Use Area" secondary plan designation and the zoning (General Commercial Exception (C1-39) Zone). The abutting parcel to the north, known as 1459 - 1465 Durham Highway 2 is subject to an application for site plan for a commercial plaza. The amount of commercial floor space dictates the ultimate parking required. The applicant indicated twenty-six (26) parking spaces would be accommodated by obtaining land from the subject parcel (43 Darlington Boulevard).. Pending the approval of the Official Plan amendment and Zoning By-law amendment, the applicant will submit a land division application severing the lands required for the twenty-six parking spaces to be melded with the REPORT NO.: PSD-024-09 PAGE 19 commercial plaza property. The expansion of the Courtice West Shopping District boundary, corresponding "Mixed Use Area" designation and zoning is the specific location and size needed to accommodate the twenty-six (26) parking spaces. Building permits for the total commercial floor area will not be issued until such time as the Official Plan amendment and zoning are final. 10.14 High Density Development By way of these applications, the proponent is requesting a change in the density of development for this property, to high density with 120 units per net hectare. As noted earlier in the report, Provincial Policy requires new development to occur at much higher densities than historically were established. The achievement of these higher density targets reduces the future expansion of the urban area boundaries into protected agricultural and environmental areas, utilizes existing road networks and their carrying capacity to a greater extent and encourages the use of public transit. It is the Municipality's task to ensure that the new density targets are met but also that they are sensitive to existing development. These applications seek to locate high density development in close proximity to Durham Highway 2, which is a Regional Transit Spine and is designed to carry high volumes of both public transit and private transport. The development is also adjacent to a proposed commercial plaza which will provide goods and services to the residents and in turn they will provide support to the commercial plaza. Zoning Setbacks To assist in reducing the effects of the proposed change to both existing residents to the west and sensitive environmental features located to the east, the attached Zoning By-law sets out a variety of setbacks. The Zoning By-law will maximize the separation distance between the high density and low density, and locate the 8-storey portion of the high-rise building furthest from the existing low density. The proposed zoning also does not permit any encroachment into the environmentally sensitive areas and includes a 6 metre buffer area for additional protection. Parking As noted earlier, parking is contained entirely on-site, with the majority located underground. Given the abundance of parking provided with the proposed development and distance of the high-rise and townhouse buildings from Darlington Boulevard, no overflow parking should occur. Removal of Holding Symbol The amending Zoning By-law proposed for this site was tailored specifically to the proposed plans submitted by the applicant and to address the resident's concerns with the proposed plans. The Clarington Official Plan states that the Holding Symbol may be used to ensure that, among other things, measures to mitigate the impact of development are in place. The removal of the holding (H) from the zoning has been made contingent on the following items: i) A site plan agreement for high density uses is executed with the Municipality; REPORT NO.: PSD-024-09 PAGE 20 ii) Driveway access to Darlington Boulevard is to the Municipality's satisfaction; iii) Noise mitigation is to the Municipality's satisfaction; and iv) Any necessary cross-access easements for access to Durham Highway 2 are created to the satisfaction of the Municipality. 10.15 Future Development The proposed Zoning By-law does not preclude existing landowners fronting on the east side of Darlington Boulevard from contemplating future development themselves. The location of the high-rise building and the townhouses are sited further to the east to allow for future development of the rear yards, if the Darlington Boulevard resident's desire. 10.16 The attached Zoning By-law amendment will implement the proposed Official Plan amendment requirements of the Environmental Impact Study, and permit the approval of a site plan application to permit the development of an apartment building and townhouse units. Although the application included lands at 15 Darlington Boulevard, the zoning on this portion of the property will not be amended at this time as details of the development of three single detached dwellings have not been resolved. At this time, 15 Darlington Boulevard will remain as a secondary access to the high density site in behind. 11.0 CONCLUSIONS 11.1 At this time, the applications have been reviewed in consideration of the comments received from circulated agencies and area residents, the Regional and Clarington Official Plan and Zoning By-law. In consideration of the comments contained in this report, Staff respectfully recommend the proposed Official Plan amendment contained in Attachment 3 and the proposed zoning amendment contained in Attachment 4, be APPROVED. Attachments: Attachment 1 -Key Map Attachment 2 -Concept Plan Attachment 3 -Proposed Official Plan Amendment Attachment 4 -Proposed Zoning By-law Amendment Interested parties to be notified of Council's decision: Murray Evans, Evans Planning Alan Hirschfield, UD+D Inc. Hannu Halminen, 1276467 Ontario Limited Jeff Goldman Kerry Meydam Helen & Gordon Perry Joe Gerrits Clayton Self John Haig Laura & Ed McBain Libby Racansky Ed Taylor Flora Curtis Josee & Allan Lapp April Duchene REPORT NO.: PSD-024-09 PAGE 21 Eva & Roman Zydownyk Judy Madge Dorean & Gordon Baker Leslie Noble Marilyn Jones Brenda & Ronald Harris Edward Rodesky Erhard Tutte Joan Mahaffy Sandra & Neil Boyde Lori Ann Miehm Virginia Crimi Alison Gorham Jim Vinson Faye & Joseph Button Andrea Hutchings & Steve Watts Debra & Jim Miles Krista & Clarke Stainton Dora Sacco Sheila & John Costanzi Linda Edgerton & Barry Schmidt Donna & Ken Anderson Mark Foley Janet & Mark Hamilton Caterina & Terry Dowdle Helene Strickland Cheryl Carter & Terry DeYoung Maria & Salvatore Bianco Ann & David Cowman Jean & Antonio Tartaglia Maria & John Brouwer Pat & Alfred Parker Joseph Rocca Reginald Vermeersch Paula & Bruce Thompson AI Milley Ana & Antonio Quaresma Voula Gascoigne & Tom Powers Bob Keating Joy Ryan Keith Hodgson Grant Reid Peggy & Ron Frank Ken Bunner Christine Raby & Jeff Shemilt Bob McDonnell J. Dale Louis Kaye Ralph Trauzzi Serge Giroux Matt Akey Kevin Segriff Marina Shane Blanca Arteaga Todd Ricketts Sylvia Sharafi tt~ 0 0 0 ti 0 0 N ., H z W z W a 5 } m c~ z z 0 N Attachment 1 To Report PSD-024-09 -,,, c m E C m a c R a R .~ 0 0 c .~ R N 0 0 0 0 O N a U Attachment 2 To Report PSD-024-09 DURHAM HIGHWgy 2 °_ ~~~1~~~ Y IIIIIIIU D ~~ 1276467 ONTARIO LIMITED COPA 2007-0002 & ZBA 2007-0005 ` 6 To 8 Storey Apartment Building, and Townhouse Building s 9 Q 1 W J 7 O m Z O , Z STORM WATER POND J I '~ CONCEPT PLAN AMENDMENT NO. 66 TO THE CLARINGTON OFFICIAL PLAN Attachment 3 To Report PSD-024-09 PURPOSE: The purpose of this Amendment to the Municipality of Clarington Official Plan is to permit the development of the northerly 1.90 hectares of the subject lands with a six to eight storey condominium apartment building containing 177 units, and a six unit condominium townhouse building, accessed by a condominium road. This amendment designates land for High Density Residential purposes, deletes the Neighbourhood Park and re-designates a strip of land at the north limit of the property for parking to be used by the adjacent commercial development. Amendments are required to the High Density Residential policies, Land Use Schedule, the Courtice West Shopping District Secondary Plan Land Use Schedule and the population/unit count tables of the Municipality's Official Plan. BASIS: The land use implemented by this Amendment to the Municipality of Clarington Official Plan is an appropriate use of the subject land and will result in the creation of an additional/alternative form of residential housing to the local community. The proposed development is located in close proximity to a major arterial road allowing for good access to the arterial road and public transit networks. Development in conjunction with the abutting commercial project to the north permits increased interaction between residents, retail, and services while providing for pedestrian friendly opportunities. The location of the proposed residential development being in proximity to the open space lands provides for a high aesthetic quality of life for residents of the development. The design of the proposed residential development incorporates a tiered design and reasonable height to minimize the visual impact while respecting existing neighbouring uses. The development is designed in a compact, urban form which will efficiently use municipal infrastructure. The design is coordinated with a commercial project contemplated for lands to the north, resulting in a land use which is an alternative form of a mixed use project. This enables residents of the condominium site to utilize nearby commercial and office opportunities. The 0.5 hectare parkette located within the landholding will provide amenity space for future residents of the buildings and can be used in conjunction with the extensive open space system abutting the site to the east. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows 1.1 The Land Use Map for the Courtice Urban Area (Map A2) of the Municipality of Clarington Official Plan is hereby amended by adding a "High Density Residential" designation, extending the Courtice West Shopping District designation southerly, and deleting the "Neighbourhood Park" designation as shown on Schedule `A', revised Land Use Map "A2" attached hereto. 1.2 The Neighbourhood Planning Units map for the Courtice Urban Area (Map H1) of the Municipality of Clarington Official Plan is hereby amended by increasing the population for the "Darlington" Neighbourhood from 2,100 to 2,400 as shown on attached Schedule'B', the revised Neighbourhood Planning Units, Map H1" 1.3 That Footnote {ii) be added to Table 9-1 as follo4vs "(ii) Notwithstanding the above, a 1.52 ha parcel at 43 Darlington Boulevard may have a maximum net density not exceeding 121 units per net hectare and a maximum height of 8 storeys" 1.4 By amending Table 9-2, Housing Targets by Neighbourhoods by: a) Adjusting the housing targets for the Darlington Neighbourhood (N10) as follows: High Density -from "0" to "175", Intensification -from "383" to "375" and Total -from "858" to "1025" - and - b) By adjusting the Totals for Courtice area as follows: High Density -from "375" to "550", Intensification -from "2033" to "2025" Total -from "12,918" to "13,085" So the appropriate lines of Table 9-2 read as follows: t `~ ~~ ~ ~ ~~~~ ~ ~_~ Tabfi=.9 2 rr. ~, ~ ~ ~ ~~ I ~ ~ . ; <, , ~ Housing Targ ~by Neighb uihaods ~ ~ .~;. ' - ^ ?. Y , Urban Area Housing Units;; ,. '°` _ ` Neighbourhoods LoW .. Medium." High fntensificatibn:' T o tal "Tk'h L ~ t~ 'o v ~yik at Courtice N10 Darlington 450 25 175 375 1025 TOTAL 8775 1735 550 2025 13,085 1.5 Map 'A' to the Courtice West Shopping District Area Secondary Plan shall be amended by extending the 'Mixed Use Area" designation and the boundary of the Courtice West Shopping District southerly and deleting the 'Park' reference as shown on Schedule 'C' attached hereto. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan as amended, regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. Schedule "A", To Official Plan Amendment No. 66 Schedule "B" To Official Plan Amendment 66 . r_ _~ , I~ I FAR ~) ~ I I o W RDEN HIGHLAND ~o 5 6 a oo) (a~ao) { 1 O0~ COCK I NASrI Raab (2900) COD E W KING STREET , 1 1 O TCY' N ~ DARUNGfO $ /- o(ao~ / i (2100) 7 ~ EMILY STO AVONDALE o (e G) INCREASE TO (3600) , (~ (Z4OO) 9 ~ ~ ~ ~~~ URB41 BOUNDARY 1 FOUND (3500) ~ ~ NEIGHBOURHOOD BOUNDARY I °~ o ~ w (1000) U POPULATroN ~ 1 p ~ o (;) SEE SECTION 17.6 o. ' ~ i BLOOR STREET ~1 °I BArnEw (asoo) I i 1 I , 0 200 100 800 800 m 200 m 1 ' ~~~~ ~~~~~ 10 ~ BASELINE ROAD ` H IGHWAY q01 I i ~~~~ ~ 1 ~N R MAP Hi NEIGHBOURHOOD PLANNING UNITS COURTICE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON JANUARY 2, 2007 [AKE O//TAR/O REFER TO SECTIONS 5 AND 9 Txa caxsouoAnox is moNOm roa carr~r~ oxLr u~o REPRESmiS Rtaurnco uoaRUnora ANO APPBfA'MS 88~ i _. Schedule "C" To Official Plan Amendment 66 NASH ROAD • • o • o • ~ • • o DRIVE ~ BRIDLE COURT o O DALEPARK ~ CHERRY °° ~ BLOSSOM ~ m PAR/(ET7E °°°°°°°°°°°°° 0000000000° o 000°0°0 0 0 ° ° ° ° 0 00000 0 000 0 ~' ° 0 0 0 0 0°0 0°0 0 0° o ° 0 ° ° ° ° ° 0 0 ~ ° o o o o o o o°o°o°o°o°o°° 0 0 0 0 0 0 °00000000 0 0 0 0 0 0 0 0 °° 0 0 0 0°o°o°a°°°o°0°°°00 ~ 0 I 00000 ° 0 o°o°o° °°°o°° 0 0 0 0 0 0 0 0 0 0 0 0 0000000 000 ° ° o0 0000 W °0 0 0 0°0° °o°°°°°0°000000 S e°o°e°s°a°o°o° o°o°o°o°°°o°o° UR o°o°a°s°o°e°s°o°o°o°a°°°°°° U o°o°o°o°o°o°°°o°o°o°°°°°°°o o °°° o ° ° °° fiAM HfGyk' °°°°°°°°°°°°° ° ° ° ° o ° o ° ° ° ° ° ° °°°° °°°°°°° ° ° °°'°'°'°°°°°°°°°°°°°°°'°'° Z o ° ° AY ° ° ° ° o ° o ° ° ° ° ° ° ° °,°,°°0°°0°0°°°,°°°,°°°° 0000 • 000000000000°000 0°0°0°0 0 • 0 0 0 0°0000000 °0°0°0 0 0 0 0 0 0 0 0 0 0°°O°O°O °°o°o°0 0 ° 0 ° 0°0°0°0 o a o° - J 0 0 0 0 0 0 0 °o°o°o°o ° ° 0 000000°°0000°0000 0 o°o°°°0°°°000°0°0 000°0°0° °o ~ ~ _ 0000 0 0 ~ °0°00000 000000000000000°0°0 °0°a°0 0°0 a°o°o°o°a°o°000°0°0°0°0°0°1°0° • o°o°°°°° U °o°o°o°a o°o°o°o°o°o°o°°°o°o°o°a°s°o °°°a • °o°a°a°0 0 0 0°o°a°o°a°o°o° "0 0-' o 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 0 0 0 0 00 000000 0000000 00 • ~ ° w FOkHU • NT og • ~%g%oSooaoooo ~9° °~~° ° ' z CRT. • J ° ° ° ° °~°~00 • ° °~~'° ° 0 ~~000 • Z 3 0 °o°o°o°°° °,a°00000 • O • Expand "Mixed Use A rea" P K ~ KINGSWAY GATE • • Expand "Secondary Plan Area" Delete "Park" 0 50 100 150 m ~~ 50 m MAP A LAND USE COURTICE WEST SHOPPING DISTRICT °0°00°00°0 MIXED USE AREA COURTICE WEST SHOPPING DISTRICT GENERAL COMMERCIAL AREA . . . . INTERNAL LANEWAYS SECONDARY PLAN JANUARY 2, 2007 Of'F7CE COMMERCIAL AREA • • • • • • PEDESTRIAN WALKWAYS rHrs cowsovanaN ~ raanom FOR CONVENQICE oxur ,wo REPfE5FNf5 ~oumco uaaRanoNS uw rraRwrLs CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to adopt Amendment No. 66 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the addition of a High Density designation, an increase in neighbourhood population targets, and the deletion of a Neighbourhood Park. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 66 to the Clarington Official Plan being the attached Explanatory Text and Map is hereby adopted; and 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this 2009 2009 day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 4 To Report PSD-024-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON -- BY-LAW NO. 2009- 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 2007-0005; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 15.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE TWO (R4)) ZONE" is hereby amended by adding a new "Urban Residential Exception (R4-30) Zone" as follows: 15.4.30 URBAN RESIDENTIAL EXCEPTION (R4-30) ZONE Notwithstanding Sections 15.2a., 15.2c., 15.2e., 15.2f., and 15.2g., on those lands zoned "R4-30" on the attached Schedule to this By- lawshall be subject to the following zone regulations: a. Definitions i) Underground Parking Structure Shall mean a part of a building which is provided and maintained for the purpose of parking vehicles, which is generally located below finished grade and shall include parking spaces, parking aisles and access ramps, common areas for stairs and elevators, storage areas for tenants, and mechanical rooms. b. Permitted Uses: i) apartment building ii) townhouses c. For the lands zoned "R4-30" the following regulations shall apply: i) Lot Coverage (maximum) 25% ii) Landscaped Open Space (minimum) 40% iii) The maximum height of any retaining wall on the property shall be 1.5 metres. iv) A landscape strip a minimum of 3.0 metre in width is required along the north end save and except for the driveway. d. For the apartment building the following regulations shall apply i) Dwelling Units (maximum) 177 units ii) Yard Requirements (minimum) a) Westerly setback to adjacent Residential Zone 14 metres b) Northerly setback to C1-39 zone 7 metres c) Easterly setback 9 metres d) Setback to "EP" zone limit 25 metres e) Setback to townhouse located on the same property 20 metres Building Area Coverage (maximum) 2900 m2 iv) Building Height (maximum) 8 storeys, not including rooftop mechanicals or a mechanical penthouse, of which a minimum of 50% of the total building footprint shall not exceed 6 storeys, excluding rooftop mechanicals or a mechanical penthouse. v) Parking Spaces (minimum) 330 vi) Underground Parking Structure Yard Requirements (minimum) a) Westerly setback to adjacent residential zone 1 metre b) Northerly setback to "C1-39" zone 1 metre c) Easterly setback 9 metres d) Setback to "E P" zone limit 25 metres vii) Notwithstanding Section 15.4.30 f)i), air intake or exhaust shafts constructed in association with the underground parking structure may be permitted to project to a maximum of 1.2 metres above adjacent finished grade and to a maximum of 0.5 metres into any required yard. viii)An outdoor amenity area, a minimum of 1400 m2, for the apartment building shall be located on the roof of the 6 storey portion of the apartment building. e. For the townhouse building the following regulations shall apply: i) Townhouse Dwelling Units (maximum) 6 units ii) Yard Requirements (minimum) a) Westerly setback to adjacent residential zone 28 metres b) Setback to apartment building located on the same property 20 metres c) Setback to "EP" zone limit 3 metres iii) Building Height (maximum) 10.5 metres iv) Parking Spaces (minimum) 12 v) Location of Parking Spaces A maximum of 30 metres from any exterior wall of the townhouse units 2. 3. vi) Visitor Parking Spaces (minimum) 2 vii) Building Area Coverage (maximum) 500 m2 In addition to the provisions of Section 3.11, those lands zoned "R4-30" on the Schedules to this By-law shall be subject to the following: a. The Holding symbol shall only be removed from the Urban Residential Exception (R4-30) Zone when the following provisions are met: i) A site plan agreement for high density uses is executed with the Municipality; ii) Driveway access to Darlington Boulevard is to the Municipality's satisfaction; iii) Noise mitigation is to the Municipality's satisfaction; and iv) Any necessary cross-access easements for access to Durham Highway 2 are created to the satisfaction of the Municipality. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type One ((H)R1) Zone" to "Holding -Urban Residential Exception ((H)R4-30) Zone'; "Holding-Urban Residential Type One ((H)R1) Zone" to "Environmental Protection (EP) Zone"; "Holding -Urban Residential Type One ((H)R1) Zone" to "General Commercial Exception (C1-39) Zone". As illustrated on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall form part of the By-law. 5. This By-law shall not be deemed to come into force on the day it was passed until the amendment to the Official Plan Amendment comes into effect. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2009- , passed this day of , 2009 A.D. U tiAM H/Cy~,A R Ullll6 y ? °~ J m Z O z ~~ 0 ~~~ ~~~ ~ ~ ~. ~ ~ ~ ~'v' ~ ~ ~ ~ ~ ~ ~~ ~ _ ...::: ZBA2007-0005 .,. Zoning To Remain "EP" ®Zoning Change From "(H)R1" To "(H)R4-30" ® Zoning To Remain "R1" ~ Zoning Change From "(H)R1" To "C1~9" ®Zoning To Remain "(H)R1 ®Zoning Change From "(H)R1"To "EP" Jim Abernethy, Mayor COURTICE Patti L. Barrie, Municipal Clerk