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Home My WebLink AboutA2021-0009 55 Clarington Blvd - CommentsClarftwn Planning and Development Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: August 12, 2021 File Number: A2021-0009 Address: 51 and 55 Clarington Boulevard, Bowmanville Report Subject: Minor variances to facilitate the development of two apartment buildings containing a total of 440 dwelling units [Subject of report] Recommendations: 1. That the Report for Minor Variance Application A2021-0009 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0030, for minor variances to Zoning By-law 84-63 to facilitate the construction of two apartment buildings by varying: • Section 15.2 d. i) to reduce the minimum dwelling unit area for a bachelor dwelling unit from 40 square metres to 38 square metres for 84% of units; • Section 15.2 d. ii) to reduce the minimum dwelling unit area for a one -bedroom dwelling unit from 55 square metres to 47 square metres for 91 % of units; • Section 15.2 d. iii) to reduce the minimum dwelling unit area for a two -bedroom dwelling unit from 70 square metres to 69 square metres for 20% of units; • Section 15.2 f. to reduce the minimum landscaped open space from 35% to 30% (Building A); • Section 15.4.44 a. ii) to increase the maximum density from 240 units per hectare to 252 units per hectare; • Section 15.4.44 b. ii) to reduce the minimum interior side yard setback from 9 metres to 2.5 metres (Western side of Building A, adjacent to the shared laneway); and Municipality of Clarington Committee of Adjustment A2021-0009 Page 2 • Section 15.4.44 h. to reduce the minimum indoor amenity space from 2 square metres per unit to 1.9 square metres per unit (Building B), Be approved as the application is minor in nature, desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan; and 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2021-0009 1. Application Details 1.1 Owner/Applicant: Fifty Five Clarington Ltd. (Kaitlin Corporation) Page 3 1.2 Proposal: Minor variances to Zoning By-law 84-63 to facilitate the construction of two apartment buildings by varying: • Section 15.2 d. i) to reduce the minimum dwelling unit area for a bachelor dwelling unit from 40 square metres to 38 square metres for 84% of units; • Section 15.2 d. ii) to reduce the minimum dwelling unit area for a one - bedroom dwelling unit from 55 square metres to 47 square metres for 91 % of units; • Section 15.2 d. iii) to reduce the minimum dwelling unit area for a two - bedroom dwelling unit from 70 square metres to 69 square metres for 20% of units; • Section 15.2 f. to reduce the minimum landscaped open space from 35% to 30% (Building A); • Section 15.4.44 a. ii) to increase the maximum density from 240 units per hectare to 252 units per hectare; • Section 15.4.44 b. ii) to reduce the minimum interior side yard setback from 9 metres to 2.5 metres (Western side of Building A, adjacent to the shared laneway); and • Section 15.4.44 h. to reduce the minimum indoor amenity space from 2 square metres per unit to 1.9 square metres per unit (Building B), 1.3 Area of Lot: 1.75 hectares 1.4 Location: 51 & 55 Clarington Boulevard, Bowmanville (see Figure 1) 1.5 Legal Description: Part Lot 16, Concession 1, former Township of Darlington 1.6 Zoning: "(Holding) Urban Residential Exception ((H)R4-44)" of Zoning By-law 84-63 1.7 Clarington Official Plan Designation: Urban Centre 1.8 Durham Region Official Plan Designation: Regional Centre 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0009 Paae 4 �L �U❑ .ems ro m 70 Noa M M Plaza �n o N N F r y �S 3 PRINCE WILLIAM BOULEVARD Go Ter GEORGEM"4ZZ'YJNGGEORGEWAY 66 42 J q 42 i 45 34 0 33 M 49 230 6 29 sa p 9 72 3 73 5 aING GEORGf3YAY 52 � W eSP NG A,zLLIAM Yl ` m 8so 4 90 94 / \ 1NGS ID pE 102 SpEN SpR $2 z � Property Location Map (Bowmanville) N W ®Area Subject To Minor Variance S E 51 & 55 Clarington Boulevard A2021-0009 -R a M,raa, 1 � ®sai�e �nl KVo- a.i � � I Newcastle ono Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2021-0009 2. Background Page 5 2.1 The subject lands were rezoned in 2018 (ZBA2017-0003) to permit 2 apartment buildings with a maximum density of 240 units. At the time of the rezoning the site plan proposed 434 units. 2.2 Site Plan application (SPA2017-0005) has been under review since 2017. While the general design and building footprint has not changed since the rezoning in 2018 there have been several iterations of the plan to address site plan matters such as engineering and landscaping. 2.3 The latest development plan has conditional Site Plan approval and contains 440 residential units. A detailed overview is contained within Figure 2. 2.4 Following the approval of ZBA2017-0003 the applicant sought approval of a lot line adjustment which had the effect of transferring ownership of the lane west of Building A to the townhouse condominium (MODO South) to the west. This lot line adjustment was necessary to maintain the principal access and service connections together with the townhouse block. Logically the lands could not be owned as part of the subject development at 51-55 Clarington Boulevard, however an easement was created in favour of the 440-unit development as this lane is shared and will provide direct access to the underground parking garage. 2.5 As a result of the land transfer, certain deficiencies were created although the footprint and site layout of the development did not change. Other deficiencies such as unit sizes and amenity space are related to the final architectural design of the building. 2.6 The conditional Site Plan approval requires the applicant to seek the necessary relief from the Committee of Adjustment for the subject minor variances. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 51 and 55 Clarington Boulevard, Bowmanville, located south of Highway 2. The property is located within the Bowmanville West Urban Centre area is targeted for high density uses. The subject property is approximately 1.75 hectares, with an approximate lot frontage of 185 metres. 3.2 Abutting the property on all sides is a mix of multi -unit residential development. The CP Rail line abuts the property to the south and commercial properties are located to the north. Municipality of Clarington Committee of Adjustment A2021-0009 Page 6 :i s� . o ORJJJ'•JJJ♦ :OJ`'JpP0:0;:; '� ' � ♦ 1 . �'J.JJJ.�•:;:�s�.��0 L. .il!'Il a,�;vJ SJ ••y . .`s i • s•.w. .p` a.� fi !A ACP4i�C''Ni`:f1�19 - J. '`5u ■REY! .r:. �s �s:•.�,tu.�.a'ys'.�ti Illlllllllllilllllll ��a v' rlii' -'�i • iE _FCOND 133 UNITSQF''S•i•'J • ah 4 JJ• �J:•i�0�y, Figure 2 — Site Plan of the proposed development at 51 and 55 Clarington Boulevard 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 4.2 Staff received six enquiries regarding this application. The residents objected to the proposed variance due to the increased density, liveability of the units and character of the surrounding neighbourhoods. 5. Departmental and Agency Comments 5.1 The Infrastructure Division of Public Works has no objection to this proposal. 5.2 The Building Division of Planning and Development Services has no comments regarding this application. 5.3 Clarington Emergency and Fire Services Department has no fire safety concerns found on this application. 5.4 CP Rail has no objections to the proposal and requires the development to adhere to the Railway's development guidelines. This is a condition of the Site Plan approval. Municipality of Clarington Committee of Adiustment A2021-0009 6. Discussion Page 7 Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 Within the Durham Region Official Plan, the subject property is designated "Regional Centre". Lands designated as Regional Centres are predominantly intended for high density, mixed use development with an overall density of at least 75 units per hectare. 6.2 Within the Clarington Official Plan, the subject property is designated "Urban Centre". Lands designated as Urban Centres are predominantly intended for high density, mixed use development. 6.3 The subject property is located within the Bowmanville Transportation Hub, which establishes a minimum density of 200 units per hectare due to the proximity to the proposed GO Train and transit corridor along King Street. 6.4 The subject location has been established as an area for intensification within the Bowmanville West Town Centre Secondary Plan. Section 3.1 of the Secondary Plan establishes goals of creating housing opportunities at medium and high densities and higher intensity development than the adjacent residential neighbourhoods. 6.5 For the above stated reasons, it is staff's opinion that the proposed development conforms to the intent and purpose of both the Regional and Local Official Plans. Conformity with the intent and purpose of the Zoning By-law 6.6 The subject property is zoned "(Holding) - Urban Residential Exception ((H)R4-44)" in Zoning By-law 84-63. 6.7 The intent and purpose of the minimum dwelling unit regulation is to provide sufficient area within units to create a liveable and heathy space with room for all of the necessary functions of a dwelling unit. The reduction in dwelling unit area is not considered significant to impact the liveability or feasibility of the dwelling unit. A sample floor plan of a 1-bedroom unit is provided in Figure 3. The proposed unit sizes are still well above the standards established in the Ontario Building Code (OBC). As part of the review and update to the new Zoning By-law, the relevance of requiring a minimum unit size that exceeds the minimum unit size contained in the OBC will be considered. Municipality of Clarington Committee of Adjustment A2021-0009 Page 8 C"H" C u - y 1 Sti 4_BR [No.2] ! 225 508 SF r --------------- + Figure 3 — Floorplan of a 47 square metre one -bedroom unit 6.8 The intent and purpose of the landscaped open space regulation is to ensure the development respects and reinforces the existing streetscape while providing sufficient outdoor landscaped space, adequate drainage and to keep hard surfaces such as paving to a minimum. The Public Works department does not have any concerns with the drainage. The proposed lot coverage is consistent with adjacent townhouse developments which have zoning that requires a lesser minimum landscaped open space of between 27-30%. 6.9 The intent and purpose of the establishing a minimum and maximum density regulation at the time of the approval of the "R4-44" Zone was to tailor the zone to the density relative to the lot area and unit mix at the time of approval of the Zoning By-law Amendment. As a result of the lot line adjustment and redesign of the floor plan, the lot area has decreased, while units have slightly increased. The proposed development is within a transit -oriented neighbourhood and provides sufficient on -site parking as established in the zoning regulations. The proposed density continues to maintain the intent of the Zoning By-law. 6.10 The intent of and purpose of the minimum interior side yard setback is to ensure buildings appropriate distance to abutting properties. At the time of rezoning the property limit followed the west side of the westerly lane. Subsequent to the necessary lot line adjustment a deficiency was created even though the site layout did not change.The side yard setback in question is adjacent to a shared private laneway to be used by the residents in the subject apartmetn development nad the adjacent Municipality of Clarington Committee of Adjustment A2021-0009 Page 9 townhome development. The proposed reduction will maintain an adequate setback to the new westerly lot line. 6.11 The intent of and purpose of the indoor amenity space is to provide residents with spaces for entertainment, exercise and socialization. The variance is requesting to reduce the indoor amenity space for Building from 266 square metres to 258 square metres while still providing sufficient indoor amenities to the residents including fitness rooms, a games room, party rooms and a yoga space. 6.12 Based on the discussion above the adjustment to the Zoning By-law regulations are a function of further refinements to the site plan and do not compromise the intent of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 6.13 Land uses to the north, south, east and west are multi -unit residential developments. The subject lands are designated to support intensive residential uses with Clarington's highest densities and tallest buildings located in this area 6.14 The development went through an involved review period at the time of Council's approval of the Zoning By-law Amendment and Site Plan Approval. The principal of the development was established upon rezoning of the lands to the "R4-44" Zone. The proposed minor variances refine the original approval and address changes to the site plan that have evolved since 2018. 6.15 Neither staff nor agencies have identified any technical reason why the minor variance application should not be approved. 6.16 For the above stated reasons, it is staff's opinion that the proposed development is desirable for the appropriate development and use of the land. Minor in Nature 6.17 While there are multiple requested variances for the proposed development. It is staff's opinion that none of the requests can be considered major changes to the proposal contemplated at the time of rezoning in 2018. 6.18 The proposed minimum dwelling unit reduction is a reduction of 1 square metre with two -bedroom units and 2 square metres with bachelor units. The one -bedroom reduction requested is for 8 square metres which is slightly larger in nature, but which is still within the requirements for the Ontario Building Code. The units are a sufficient size and provide an appropriate range and mix of unit sizes and price points. 6.19 The proposed reduction of the minimum landscaped open space is consistent with adjacent residential developments to the west. 6.20 The proposed increased density from 240 units per hectare to 252 units per hectare allows for an additional 20 units what is permitted in the Zoning By-law. Municipality of Clarington Committee of Adjustment A2021-0009 Page 10 6.21 The proposed reduction of the indoor amenity space request is from 266 square metres to 258 square metres. A reduction of 8 square metres is not considered significant relative to the large amount of space provided. The shortfall applies to Building B only. 6.22 The proposed reduction of the side yard setback is attributed to the lot line adjustment that shifted the lot line from the west side of the shared private lane to the east side. 6.23 No objections were received from departments or agencies. 6.24 For the above stated reasons, it is staff's opinion that the proposed minor variances are minor in nature. 7. Conclusion 7.1 Based on Staff's review of the application the application conforms to the intent and purpose of the Zoning By-law and the Regional and Municipal Official Plans, is desirable for the appropriate development or use of land and is deemed to be minor in nature. 7.2 Given the above comments, Staff recommends approving the application for a Minor Variance to Sections 15.2 d. i), ii), and iii), Section 15.2 f., Section 15.4.44 a. ii), Section 15.4.44 b. ii) and Section 15.4.44 h. to Zoning By-law 84-63 to facilitate the development of two apartment buildings containing a total of 440 dwelling units. Submitted by: =,{� Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Aibelle Babista Interested Parties: The following interested parties will be notified of Committee's decision: Rodrick Sutherland George Parker James Hardy Jeannie Pau Laurie Ovenden John Williamson