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Report To: Planning and Development Committee
Date of Meeting: January 13, 2020 Report Number: PSD-001-20
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: PLN 8.6.7, COPA2019-0002
& ZBA2019-0019 Resolution#: PD-005-20 C-027-20
Report Subject: Public Meeting – Proposed Official Plan Amendment and Rezoning to
Implement the Bowmanville Neighbourhood Character Study
Recommendations:
1.That Report PSD-001-20 be received;
2.That the final recommendations of the Bowmanville Neighbourhood Character Study be
received for information;
3.That the recommendations contained in Section 6.3.1 relating to Trees be forwarded to
the Operations Department for consideration;
4.That the recommendations contained in Section 6.3.2 relating to Heritage be forwarded
to the Clarington Heritage Committee for consideration;
5.That the proposed applications for an Official Plan Amendment COPA2019-0002 and
Zoning By-law Amendment ZBA2019-0019 continue to be processed including the
preparation of a subsequent report; and
6.That all interested parties listed in Report PSD-001-20 and any delegations be advised
of Council’s decision.
Municipality of Clarington Page 2
Report PSD-001-20
Introduction
1.1. Over the past few years, Council and Clarington Planning Staff have received a number
of complaints regarding new and replacement housing development and additions to
existing housing being incompatible with the neighbourhood character. Through PSD-
078-18, Staff identified that a Residential Neighbourhood Character Study would help
identify and evaluate the physical character of the established neighbourhoods
experiencing the most change. Three of the established neighbourhoods identified are
parts of the Elgin, Central and Memorial neighbourhoods in Bowmanville, see Figure 1.
1.2. MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) were retained in
February 2019 to assist staff in undertaking the study. To prevent incompatible
development from continuing during the study, Clarington Council adopted Interim
Control By-law 2018-083 to restrict the use of land within the Residential Neighbourhood
Character Study area on September 17, 2018. A one-year extension to the Interim
Control By-law was approved through PSD-038-19 on September 9, 2019.
1.3. The study general workplan and timeline is shown in Figure 2. The Bowmanville
Neighbourhood Character Study was released in December 2019 and can be found on
the project website at www.clarington.net/NCS. In order to implement the
recommendations of the study and complete the project,the Official Plan and Zoning By-
law Amendments found in Attachments 1 and 2 are proposed.
Report Overview
The Bowmanville Neighbourhood Character Study began in February 2019 as a result of
Council adopting Interim Control By-law 2018-083 to restrict the use of land within the study
areas. Report PSD-038-19 provided an update of the Bowmanville Neighbourhood
Character Study and requested a one-year extension to Interim Control By-law 2018-083.
The final study recommendations inform the proposed changes to the Official Plan and
include regulations to amend Zoning By-law 84-63 with the objective of providing direction
for future development to better reflect neighbourhood character.
The Interim Control By-law will be repealed subsequent to the Zoning By-law Amendment
and Official Plan Amendment.
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Report PSD-001-20
Figure 1: Residential Neighbourhood Character Study Area
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Report PSD-001-20
Figure 2: Residential Neighbourhood Character Study Work Plan & Timeline
Communication and Engagement
2.1. Public Notice for the proposed Zoning By-law and Official Plan Amendments was mailed
to each landowner in the study area and to landowners within 120 metres of the three
study areas on December 6, 2019. Notice was also posted on the project and corporate
websites and in the Planning E-update.
2.2. To date, the Bowmanville Neighbourhood Character Study has included a multi-faceted
public consultation and engagement program. This has included the following:
Notice of project initiation mailed to all property owners within the area subject to
the Interim Control By-law 2018-083.
Project website (Neighbourhood Character Study), including background
information, frequently asked questions and responses, notice of public events,
project news and reports, and forms for registration as an interested part and the
submission of comments.
Guided public walking tours of the three neighbourhood areas on May 11, 2019,
involving 50 participants, exploring the character and qualities of these areas that
are valued by the community.
Online survey, supported by maps to conduct a self -guided walking tour,
available from May 11 – 31 with close to 100 responses.
Interactive public workshop on May 31 with nearly 50 participants, to inform the
community about the process of planning for neighbourhood character, share
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Report PSD-001-20
early project findings, and explore neighbourhood character elements and
existing regulations.
Options and Analysis public workshop on September 12 with 21
attendees/participants, where MHBC presented their findings and potential
zoning by-law changes, plus other options.
Notice of the public meeting, mailed to all property owners within the area subject
to the Interim Control By-law and within 120 metres of the subject area boundary
on December 6, 2019.
Multiple updates to registered Interested Parties and Planning E-update articles.
Provincial Policy
Provincial Policy Statement
3.1. The Provincial Policy Statement encourages planning authorities to create healthy livable
and safe communities by accommodating an appropriate range and mix of residential
dwelling types while being sensitive to the characteristics of the neighbourhood.
Growth Plan
3.2. The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas such as the Bowmanville Urban Area.
Municipalities are encouraged to create complete communities that offer a mix of land
uses, employment and housing options, high quality open space, and access to stores
and services. The subject area is within the Built-up Area of the Growth Plan. The Growth
Plan includes policies to direct development to settlement areas and provides direction
for intensification targets within Built-up Areas. The three neighbourhoods are all within
the Built-up area as defined by the Growth Plan.
Official Plans
Durham Regional Official Plan
4.1. The Durham Region Official Plan supports the development of people-oriented Urban
Areas that create a sense of community, promote social interaction and are aesthetically
pleasing.
Clarington Official Plan
4.2. The Clarington Official Plan envisions Clarington as “a place where each community can
build on its individual character, share a common economic base and a distinct collective
image”. The physical character of established residential neighbourhoods is to be
enhanced while accommodating intensification that celebrates the history and character
of its communities.
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4.3. New development and redevelopment in existing neighbourhoods are to:
a. Respect and reinforce the physical character of the established neighbourhood
having regard to the pattern of lots, streets and blocks, the size and configuration of
lots, building types of nearby properties, the height and scale of buildings and the
setback of buildings from the street, rear and side yards;
b. In neighbourhoods of historical character, be consistent with the built form pa ttern of
the area;
c. Adhere to all relevant Urban Design Guidelines and expectation for high -quality
architectural design and sustainable building materials; and
d. Maximize opportunities to improve accessibility and pedestrian and cycling systems,
enhance neighbourhood and transit connections, and reduce energy, water and
resource use.
4.4. Existing neighbourhoods are stable but not static. The Municipality encourages limited
intensification in accordance with the criteria noted above to ensure intensification
projects are compatible with the adjacent and surrounding neighbourhood.
4.5. Lot creation should keep the character of the surrounding area.
4.6. Lands along Liberty Street are designated as a Local Corridor. The Official Plan requires
corridors to be comprehensively developed to provide for residential and/or mixed use
developments with a wide array of uses in order to achieve higher densities, and transit
oriented development while being sensitive to the existing neighbourhoods. Residential
development is permitted to six storeys with a minimum density of 40 units per hectare.
The built form shall incorporate existing local character and scale to create a compatible
and attractive built form with a distinctive community image.
Department and Agency Comments
5.1. Regional Planning, the Engineering Services Department and Building Division were
circulated for comments. Their comments will be address in a subsequent report.
Discussion
Interim Control By-law
6.1. Over the past few years, Council and Clarington Planning Staff have received a number
of complaints regarding new and replacement housing development and additions to
existing housing considered to be incompatible with the existing neighbourhood
character. Through PSD-078-18, Staff identified that a Residential Neighbourhood
Character Study would help identify and evaluate the physical character of the
established neighbourhoods that had experienced significant change. Three of the
established neighbourhoods identified were parts of the Elgin, Central and Memorial
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neighbourhoods in Bowmanville. Clarington Council approved an Interim Control By-law
2018-083 to restrict further changes while the study was ongoing.
6.2. Planning Staff propose to repeal the Interim Control By-law 2018-083 from the subject
lands after the Offiicial Plan and Zoning By-law amendments are finalized. Otherwise the
Interim Control By-law will remain in effect until September 16, 2020.
Neighbourhood Character Study Recommendations
6.3. At the second interactive public workshop in September, MHBC presented their findings
from the review of best practices, walking tour and public workshop including potential
zoning by-law changes and other options moving forward. The draft options MHBC
provided in this workshop related to the most valued neighbourhood features and
characteristics that residents identified in the May workshop. These features were
categorized in three (3) groups under Neighbourhood Features, Lot Features and
Building Features. Within the broader category, each featu re had recommendations the
public could comment on and indicate whether they agreed or disagreed. After the
second public workshop, MHBC further analyzed the public feedback and refined the
recommendations in the final study report. The final study recommendations are
discussed in the following sections.
Neighbourhood Related Features - Trees
6.4. Based on public feedback, MHBC recommends that the Municipality complete a Street
Tree Inventory for each Study Area. They also recommend consideration of a pilot Tre e
Protection By-law that uses minimum tree diameter and tree species to identify desired
trees for preservation on private and public lands. Staff recommend this information be
forwarded to the Operations Department so that it can be considered in the urban forestry
service review. Once it is determined how urban forestry is to be addressed within the
organizational review appropriate direction and consideration of this recommendation can
occur.
Neighbourhood Related Features - Heritage
6.5. A recommendation to continue the consideration of individual properties with heritage
value for protection through listing / designation under the Ontario Heritage Act was
included. This recommendation should be forwarded to the Clarington Heritage
Committee for consideration in their workplans.
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Report PSD-001-20
Neighbourhood Related Features – Parking
6.6. Concern was expressed with vehicles overhanging sidewalks. It is recommended that
existing zoning regulations relating to driveway length be reinforced. In future, minor
variance requests to reduce driveway lengths should not be supported by Staff. This
recommendation will be applied to new developments and is not retroactive to legal non-
conforming situations.
Lot Related Features
6.7. Recommendations relating to lot related features are reflected in the proposed Zoning
By-law Amendment found in Attachment 1. The recommendations are based on an
analysis of neighbourhood character conditions and feedback received during the
consultation process. An overlay zone is proposed to apply alternate regulations as
follows:
o Vary the maximum lot coverage for buildings on a lot in association with
increased height of a building on a lot (maximum 35% coverage for dwellings 1.5
storeys or less, maximum 30% coverage for dwelling greater than 1.5 storeys).
Currently, the maximum lot coverage for is 40% for a single detached dwelling
and 45% for a semi-detached or duplex dwelling.
o Increase the minimum landscaped open space requirement from 30% to 40% of
the total lot area.
o Require parking areas (driveways) not reduce the landscaped open space in the
front yard below 50% of the front yard area. Landscape open space shall not
include hard surfaced areas such as driveways, aisles, parking areas,
interlocking stone, and walkways.
o Require a minimum front yard be at the established building line for the dwelling
and 6.0 metres to the garage. The established building line is defined as “the
average setback from the street line of the existing buildings on one side of one
block where more than one half of the lots of the said side of the block have been
built upon”. Currently a setback of 4.5 metres is permitted to the dwelling.
o Require a minimum exterior side yard be 4.5 metres to the dwelling or 6.0 metres
to the garage. The current setback is 6.0 metres for both the dwelling and the
garage.
o Require a minimum interior side yard setback in relation to the height of a
dwelling as follows:
For dwellings with an attached garage, the minimum interior side yard
setback shall be 1.2 metres for the first storey, plus an additional 0.6
metres for each additional full storey above the first storey.
For dwellings with no attached garage, the minimum interior side yard
setback shall be 1.2 metres for the first storey plus an additional 0.6
Municipality of Clarington Page 9
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metres for each additional full storey above the first storey on one side
and 3.0 metres on the other side
6.8. In the proposed Zoning By-law Amendment found in Attachment 1, staff have modified
the proposed front yard setback for the dwelling to be within 1 meter of the established
building line rather than match the established building line to allow for some flexibility in
setbacks. Staff also applied the same regulation to the exterior side yard so buildings
along a street, regardless of whether it is a front or exterior elevation, would have the
same setback treatment for a consistent streetscape.
Building Related Features
6.9. Recommendations relating to building features are included in the proposed Zoning By -
law Amendment found in Attachment 1. Community members who participated agreed
current regulations regarding building heights are too lenient. The analysis revealed that
the current permission of 10.5 metres is not consistent with the heights of dwellings found
in the area. It was also found that attached garages are uncommon and there is a desire
to control garage location so that they do not become a prominent feature of the
streetscape. The report recommends:
o Reduce the maximum building height of dwellings from 10.5 metres to 8.5 metres
in Study Area 1 and from 10.5 metres to 9.0 metres in Study Areas 2 and 3.
o Require a 1 metre setback between a private garage and the front wall of a
dwelling.
o Maintain the existing minimum outdoor parking space requirement of 5.7 metres
by 2.75 metres in front of the garage.
o Where an attached garage faces a street, require the maximum permitted
outside width of the garage be no more than 25% of the frontage of the lot for
single detached dwellings and 35% of the frontage of the lot for semi-detached
dwellings.
Official Plan Amendment
6.10. A portion of the study area overlaps with the Liberty Street Local Corridor. Unlike the
balance of the study area, the Corridor is subject to policies for intensification and built
form that require a zoning by-law amendment for implementation of a development
proposal
6.11. Development proposals in the Liberty Street Local Corridor are also required to respect
neighbourhood character. To assist in the assessment of development proposals and
balance competing policies, it is recommended that policies to define an area of transition
between the established neighbourhood and the Liberty Street Corridor be introduced.
The draft policies are found in Attachment 2 and provide urban design direction for the
transitional area.
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6.12. A policy is also proposed that introduces criteria for entrances to an apartment-in-house.
Residents, while supportive of apartment-in-house units, are concerned with the location
of entrances. In some cases, dwellings with an apartment-in-house have an appearance
of having more than two primary entrances. This is a challenge to regulate in a Zoning
By-law due to potential conflicts with the Ontario Building Code. The proposed policy will
be used as a guide to review proposals from a design perspective.
7. Conclusion
The purpose of this report is to provide background information for the Public Meeting on
the proposed Official Plan and Zoning By-law Amendments to implement the
recommendations of the Bowmanville Neighbourhood Character Study. Staff will continue
to process the application and prepare a subsequent report.
Staff Contact: Tracey Webster, Senior Planner, 905-623-3379 x 2415 or
twebster@clarington.net.
Attachments:
Attachment 1 – Proposed Official Plan Amendment
Attachment 2 – Proposed Zoning By-law Amendment
Interested Parties:
List of Interested Parties available from Department.
Attachment 1 to Report PSD-001-20
Amendment Number ______
To The Municipality of Clarington Official Plan
Purpose: To amend the Clarington Official Plan to add policies that address
the transition between established neighbourhoods and the Liberty
Street Corridor and to address entrances for accessory
apartments.
Basis: This amendment is based on application COPA2019-0002 initiated
by the Municipality of Clarington and recommendations in the
Bowmanville Neighbourhood Character Study prepared by
MacNaughton Hermsen Britton Clarkson Planning Limited
(MHBC).
Actual
Amendment: The Clarington Official Plan is amended as follows:
1. By adding a new Section 10.6.8 as follows:
“The lands on the west side of Liberty Street, identified as part of
the Liberty Street Local Corridor shall function as a transitional area
to the established neighbourhoods to the west of Liberty Street.
Development within the Liberty Street Local Corridor will in addition
to conforming to other policies herein, be designed to:
a) maintain a 45 degree angular plane to any new development
from any adjacent lot line within the adjacent established
neighbourhood;
b) enhance the surrounding established neighbourhood context
with appropriate separation and buffering through
landscaping, tree planting and proportional rear yard space;
c) be sensitive to neighbouring heights, massing, setbacks
from the street, distance between buildings, architectural
form, colour and materials; and,
d) locate parking and circulation at the rear of the property with
screening from the adjacent neighbourhood to reduce
impacts.”
2. By adding a new subsection to Section 6.3.5 as follows:
f) Generally, only one main entrance is to be visible from the
street. Where located on the street facing façade, the
entrance for the accessory apartment is to be designed to be
integrated with the entrance for the principal dwelling.
C:\Program Files\eSCRIBE\TEMP\14154960558\14154960558,,,Attachment 1 – Proposed Official Plan Amendment.docx
Implementation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the interpretation of the Plan, shall apply in regard
to this Amendment.
Corporation of the Municipality of Clarington
By-law Number 20___-______
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 2019-0019;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1.Section 12- Urban Residential Type One (R1) Zone is amended by adding a new
section 12.2.1 as follows:
“12.2.1 Neighbourhood Character Overlays 1 and 2
Notwithstanding the Regulations for Residential Uses set out in Section 12.2 d., f. g.,
h., and i., on lands zoned Urban Residential Type One (R1) located within the
Neighbourhood Character Overlay as identified on Schedule ‘3’, the following alternate
regulations shall apply
a.Yard Requirements
i)Front Yard the dwelling shall be within 1.0 m
of the established building line
6.0 metres (minimum) to the
garage or carport
ii)Exterior Side Yard (minimum)the dwelling shall be within 1.0 m
of the established building line
6.0 metres to the
garage or carport
iii)Interior Side Yard
a)With an attached garage or carport 1.2 metres for the first storey,
plus an additional 0.6 metres
for each additional full
storey above the first storey
Attachment 2 to Report
PSD-001-20
b) Without an attached garage 1.2 metres for the first storey
plus an additional 0.6 metres for
each additional full storey above
the first storey on one side and
3.0 metres on the other side
b. Lot Coverage (maximum)
i) For dwellings 1.5 storeys or less 35 percent
ii) For dwellings greater than 1.5 storeys 30 percent
c. Landscaped Open Space (minimum)
i) Overall 40 percent
ii) Front yard 50 percent, which shall not
include hard surfaced areas
such as driveways, aisles,
and parking areas
d. Building Height (maximum) 8.5 metres in Overlay 1
9.0 metres in Overlay 2
Special Regulations
i) A private garage, attached garage or carport may not extend in front of the
dwelling unit
ii) Where an attached garage faces a street, the maximum permitted outside
width of the garage shall be 25 percent of the total frontage of the lot for
single detached dwellings and 35 percent of the lot for semi-detached
dwellings
iii) An attached garage or carport shall be setback a minimum of 1.0 metres
from the front or exterior side wall of the dwelling
2. Section 26 is amended by adding a new section 26.8 as follows:
“26.8 Overlay Zones
In addition to the permitted uses and zoning regulations for each zone there are
Overlay ones. Where applied the Overlay Zones are read together with the zone
regulations. In the event of conflict, the more restrictive regulation applies. The
Overlay Zones are shown on the Schedules to this By-law.
3. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by adding
the “Neighbourhood Character Overlay” as illustrated on the attached Schedule ‘A’
hereto.
4. Schedule ‘A’ attached hereto shall form part of this By-law.
5. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 20___
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2020- , passed this day of , 2020 A.D.
Adrian F oster, M ayor C. Anne Greentree, Municipal Clerk
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REMMINGTONSTREETBAXTER STREETCLANCYLANEWEST SIDE DRIVEBARLOW CTSCOTTS DA LE DRIV E
SWINDELLS STREETSWINDELLS STREETCR
FORRESTERDRIVEHUTTON PLACE
HUTTON PLACE
MADDEN PLACE
HOBBS DRIVE
DOLAN CT
CARLSON PL
L O N G W O R T H A VE N U E
DONMORRISCOURTV E S N A C T
KELMAN PLACESTRE ET
A
L
F
RE
D
S
H
R
UB
B
L
A
N
EPETHICKSTREET CRE SC ENT
A P P L E BOULEVARD
CTRAYNES AV
(PRIVATE)
LAN E CIRCLE
BRIDLE PATH
PA RK BRUCEWAYMABELDUKE STREETSHACKELTON STCLAYTON CRE S
SUN IC RES T!DEVITTS LANESTEVENS ROAD REDFERN CRESCENTR E D F E R N
NEL
SONLYLE DRIVE
LYLE DRIVE
LYLE DRIVE
µ
Bowmanville • ZBA 2019-0019 • Schedule 3
Neighbourhood Character Overlay 1
Neighbourhood Character Overlay 2
EP
Industrial
Residential
Commercial