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HomeMy WebLinkAboutPSD-018-05 ...;, ..' REPORT 1/2 Cl~#]gron REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, January 31,2005 {J6-C _()~q_DS- Report #: PSD-018-05 File #: COPA 2003-003 & ZBA 2003-015 By-law #: Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS REGARDING COMMERCIAL AND RESIDENTIAL DEVELOPMENT IN NORTH BOWMANVILLE HALLOWAY HOLDINGS AND TOWCHESTER DEVELOPMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-018-05 be received; 2. THAT Council approve the minutes of settlement between Halloway Holdings Limited, Towchester Developments Limited and the Municipality of Clarington contained in Attachment 1 and authorize the Municipality's Solicitor to execute them for the Municipality; 3. THAT the Municipality's Solicitor and Staff be authorized to present the minutes of settlement to the Ontario Municipal Board to request the Board to approve the amendments to the Municipality of Clarington's Official Plan applicable to Parcels 1, 2 and 3, and to request the Board to pass the amendments to the Zoning By- law (By-law 84-63, as amended) attached to the minutes of settlement applicable to Parcels 1, 2 and 3 in order to implement the provisions applicable to Parcels 1, 2 and 3; and 4. THAT all interested parties listed in this report, any delegations and the Region of Durham Planning Department be advised of Council's decision. REPORT NO.: PSD.018-05 PAGE 2 Submitted by: D i J. rome, M.C.I.P.,R.P.P. Direc r, Planning Services Reviewed bY:!) ^.a.~--..(JZ~ Franklin Wu Chief Administrative Officer CPIDCldf January 26, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-018-05 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: Halloway Holdings Limited and Towchester Developments Limited 1.2 Agent: Sernas Associates 1.3 Subject Site 1: Site Area and Location: Official Plan Amendment: Rezoning: 1.4 Subject Site 2: Site Area and Location: Official Plan Amendment: Rezoning: 1.5 Subject Site 3: Site Area and Location: Official Plan Amendment: Rezoning: 1 .43 hectare parcel at the northeast corner of Scugog Street and Middle Road To delete the "Local Central Area" designation and replace the 5,000 m2 of retail and office floors pace with a "Medium Density Residential" designation for the development of 57 medium density residential units To rezone the subject lands from "General Commercial (C1) Zone" to an appropriate zone to implement the proposed Official Plan Amendment 2.28 hectare parcel at the northwest corner of Liberty Street North and Longworth Avenue To reduce the amount of retail and office floorspace from 3,500 m2 to 1,700 m2 space and to replace the high density residential units in the "Local Central Area" designation to permit the development of 66 medium density residential units To rezone the subject lands from "Holding - General Commercial (C1) Zone" and "Holding - Urban Residential Type Four ((H)R4) Zone" to appropriate zones to implement the proposed Official Plan Amendment 0.72 hectare parcel at the southwest corner of Liberty Street North and Longworth Avenue To replace the high density residential units in the "Local Central Area" designation with 26 medium density residential units To rezone the subject lands from "Holding - Urban Residential Type Four ((H)R4) Zone" to an appropriate zone to implement the proposed Official Plan Amendment REPORT NO.: PSD-018-05 PAGE 4 2.0 BACKGROUND 2.1 On September 7, 2004, Committee considered a report detailing the Official Plan and Zoning By-law Amendment applications submitted Halloway Holdings Limited and Towchester Developments Limited ("applicant"), as well as the appeals of these companies to the Ontario Municipal Board. The report advised that a pre-hearing conference was scheduled for later that month and made recommendations respecting the Municipality's position at the hearing. Council adopted the following recommendations: "1. THAT Report PSD-104-04 be received; 2. THAT the Ontario Municipal Board be requested to DEFER the application submitted by Halloway Holdings Limited and Towchester Developments Limited to redesignate lands from "Local Central Area" to "Medium Density Residential" within Subject Site 1 until the Municipality's Commercial Policy Review has been completed: 3. THAT the Ontario Municipal Board be requested to APPROVE the application submitted by Halloway Holdings Limited and Towchester Developments Limited to reduce the amount of retail commercial floors pace from 3,500 m2 to 1,700 m2 within the "Local Central Area" located at Subject Site 2: 4. THAT the Ontario Municipal Board be requested to DENY the application submitted by Halloway Holdings Limited and Towchester Developments Limited to redesignate lands contained within the "Local Central Area" from "High Density Residential" to "Medium Density Residential" located at Subject Sites 2 and 3: and, 5. THAT The Ontario Municipal Board and all interested parties and delegations listed in this report and any delegations be advised of Council's decision. " 2.2 Following the prehearing conference, Staff continued to review the issues with the Applicant and his consultant and have recently arrived at a settlement dealing with the three sites subject of the applications. The recommended minutes of settlement together with amendments to the Official Plan and Zoning By-law to implement the settlement, are contained in Attachment NO.2. In the minutes of settlement, Subject Sites 1, 2 and 3 as referred to in Section 1.0 "Application Details" are identified as Parcels 1, 2 and 3, respectively. A fourth site on the south side of Longworth Avenue, east of Scugog Street also owned by the Applicant was also included in the discussions with the Applicant and his consultant. The fourth site is identified as Parcel 4 in the minutes of settlement. REPORT NO.: PSD-018-05 PAGE 5 2.3 Should Council concur with the negotiated settlement respecting Parcels 1,2 and 3, authorization is required for the Municipality's Solicitor and Planning Staff to present the settlement described below to the Ontario Municipal Board for approval. 3.0 PROPOSED SETTLEMENT DETAILS 3.1 Parcel 1 (Subiect Site 1) The Applicant had proposed to delete the "Local Central Area" designation in the Official Plan applicable to Parcels 1 and 4 at the north-east and the south-east corners of Middle RoadlScugog Street and Longworth Avenue and replace it with a "Medium Density Residential" designation. Mr. Mario Veltri expressed this concern with the proposed amendment that the development permitted by the proposed amendments would negatively impact the value of his proposed low density development on the west side of Scugog Street. 3.2 Having regard to the Draft Final Report Recommended Policv Chanqes Clarinqton Commercial Policv Review paper which was received by Council on January 17, 2005, Staff were willing to revisit this aspect of the application. The proposed Official Plan Amendment deleting the "Local Central Area" designation and replacing the 5,000 m2 of retail and office floorspace with a "Medium Density Residential" designation for the development of approximately 57 medium density residential units on Parcel 1 was accepted by Staff subject to the satisfactory resolution of certain urban design issues. The resolution of these issues includes a requirement for the proposed townhouse units on the north side of Longworth Avenue to be designed to face and front on the street as the preferred form of development. The recommended zoning and minutes of settlement have been drafted to implement this form of development. 3.3 Parcel 2 (Subiect Site 2) In the application respecting Parcel 2 located at the north-west corner of Longworth Avenue and Liberty Street, the Applicant had proposed to reduce the amount of floor area from 3,500 m2 to 1,700 m2, and to eliminate the high density residential unit requirement and replace it with medium density units. In the report presented to Council in September, Staff did not object to the reduction in commercial floor area. However, Staff did not support the elimination of the high density residential units at this location. In the negotiations the applicant agreed to retain the high density designation in this location. However, flexibility in the amount of commercial floor area permitted was also requested. Staff agreed to retain the existing permissions for up to 3,000 m2 of retail floor area and 500 m2 of office floor area for the commercial component. The recommended zoning provides for both the commercial and the high density residential uses in one zone, thereby allowing the applicant flexibility in determining the ultimate boundary between the commercial and residential blocks subject to compliance with siting requirements provided for in the recommended zoning of Parcel 2. REPORT NO.: PSD.018-D5 PAGE 6 3.4 Parcel 3 (Subiect Site 3) The applicant proposed an amendment to the Official Plan to redesignate Parcel 3, located at the south-west corner of Longworth Avenue and Liberty Street, from "High Density Residential" to "Medium Density Residential". At both the public meeting and the meeting of Council in September 2004, a neighbouring land owner, Dr. Zakarow spoke in opposition to the proposal suggesting the lands should be developed for "Low Density Residential" purposes while one owner supported the retention of the "High Density Residential" designation. In the negotiations, Staff supported the proposed redesignation of Parcel 3 to "Medium Density Residential" subject to satisfactory resolution of certain urban design issues. The resolution of these issues is provided for in the minutes of settlement and the recommended zoning of Parcel 3. The redesignation will allow for a transition in density moving from "Low Density Residential" to "Medium Density Residential" to "High Density Residential" and back down to "Medium Density Residential" and then to "Low Density Residential "as you proceed from south to north on the west side of Liberty Street. The "Medium Density Residential" designation is compatible with surrounding uses and is a down designation from existing approvals. The existing "High Density Residential" designation and zoning of Parcel 3 were put in place in the mid 1980's at the time of the original approval for draft plan of subdivision 18T-82037 when Dr. Zakarow was the original applicant. With the exception of the high density and commercial block the balance of the subdivision is now all registered and sales have been made. Land owners purchasing within this development would have been able to confirm the permissions on surrounding lands. 3.5 Parcel 4 During the negotiations, Staff also discussed with the applicant the future development of Parcel 4 at the south-east corner of Longworth Avenue and Scugog Street. As was noted above, presently, Parcel 4 is part of the area designated "Local Central Area" in the Official Plan. This designation also applies to Parcel 1. The Official Plan provides for both "Medium Density Residential" and commercial uses of land designated "Local Central Area". Consistent with the Local Central Area designation, Parcel 4 currently is zoned "Holding - Urban Residential Type Three (H) R3". As discussed in paragraphs 3.1 and 3.2, if the recommended amendments to the Official Plan are approved, the designation of Parcel 1 will be changed from "Local Central Area" to "Medium Density Residential". The proposed Official Plan Amendment also places a "Medium Density" designation on the southeast corner to carry forward existing medium density permissions. 3.6 Currently, Parcel 4 is comprised of a block on approved draft plan of subdivision 18T-87087 for future development and 15 townhouse units fronting on Street "Y". Parcel 4 was originally approved together with the adjacent lands to the south as a long cul-de-sac with street-townhouse units on the entire street. (see REPORT NO,: PSD-018.05 PAGE 7 Attachment No.1). The number of townhouse units all fronting and accessing the street, was identified as a potential problem development site in 1999 when Planning and Engineering Staff reviewed approved draft plans for potential on- street parking problems. In 2000, the approved draft plan of subdivision was revised and all of the on-street townhouse units west of Street "Y" shown on it were put into a block for future development. As part of the negotiations, the applicant has agreed to submit applications for rezoning and amendment to the approved draft plan of subdivision for the lands identified in Attachment NO.1. The applicant would request approval to develop 12.0 metre minimum frontage single detached dwelling lots fronting on both sides of Street "Y". The remaining area on the south east corner of the intersection would be developed as a medium density block with the same zoning requirements proposed for the north side of Longworth Avenue. Staff believe this would help to address some of the on-street parking concerns previously identified for this area in 1999 in Report #PD-36-99. It would also permit the development on the units immediately west of Scugog Street and south of Longworth Street to better address urban design issues at the intersection, as opposed to noise fencing as required through the original approved draft plan of subdivision. The proposal would need to be reviewed in accordance with the Planning Act, including a public meeting and review from all relevant agencies prior to Council making a decision respecting Parcel 4. 3.7 Landscape Feature on Parcels 1 and 4 The minutes of settlement provide for the applicant to construct a landscape feature consisting of vegetation, rockery and/or wrought iron fencing on both the south-east and the north-east corners of Scugog Street/Middle Road and Longworth Avenue. This work will be detailed as part of future applications for site plan approval and shall have a minimum value of $7,500.00 per corner. 4,0 CONCLUSIONS 4.1 In considerations of the applications submitted, the agency comments received, the comments from neighbouring residents and the policy directions of the Clarington Official Plan, Staff recommend that Council support the proposed settlement. Staff believe that the proposed settlement provides an appropriate compromise of the various competing interests identified in this report while protecting the Municipality's interest in the appropriate development of the lands in question. REPORT NO.: PSD.018-05 PAGE 8 Attachments: Attachment 1 - Key Map Attachment 2 - Draft Settlement document Interested parties to be notified of Council's decision: Lynda Townsend Renaud Robert Hann Bryce Jordan Peter and Marianne Zakarow Mario Veltri Sylvia Brownell D. McKenzie Randy and Kelly Burns Mary and Glen Hodgson I J ~ ~ W 0:: ~ (f) (.') 11(= ~ f--- (f) ....... " I I , .__ ~ GOODWIN I I -\ \ Parcel 1 W ...J Cl Cl ~ r ::'\ Ul \~ \~ ~ r: ~ ~ j Parcel 4 '" IT I ~ v BOULEVARD ATTACHMENT 1 Parcel 2 ~ IT ~ W 0:: ~ (f) ~ z w (.') 0:: <( ->> i LORD '---- MEADOWVIEW /"-- - ELGIN I I I I I 1"\"'\ "-- PARK Bowmanville Key Map AVENUE r C> ..h~\~ I il parceI1v~.......' Ii' ). ~ V 0">'" w Parcel 2 ~ ~~\1:'Io > ~ie"''?~' :;:... o"'~~'" ~ f~~~ ~\\-\.~ ~ ~c~o0 V1 }.~ " ~"' ~ 'S,\' . ~ :dl~ ~1~parceI3 ~ CRES. CRESCENT ? ~ ~1 r O.pO MEADOWVIEW 8LVD SCOTTSD "IE ~ '?;~ ~nr- ~ Parcel 4 f?o=lr1 l~ ~ ~ I ~ ~ ~ ~\~"" ~ ~ G> o ~ ____ (<' I ( x.~~/\ 14 -- ~ ~G'-NORTH AVE. \...0 .:::..:....::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:'. :....:....:......:....:......:..:......:....: ........................... .......................... .......................... ......................... . . . . . . . . . . . . . . . . . . . . . . . . . ........................ ........................ .. ....... ...... ... ..... ....................... ...................... ...................... ..................... . . . . . . . . . . . . . . . . . . . . . .:::::::........... . ~ r x-S. ~ I ~ 1 ~ -;;c~oJ5/' ~ ~ ~ ~~ Parcel 3- I <( I I I ""- TON , I CRES. i I AYTON I T CRES. t I TT I I COPA 2003-003 Clarington Official Plan Amendment ZBA 2003-015 Zoning By-law Amendment Owner: Halloway Holdings Ltd. & Towchester Developments Ltd. - - - - ~- 0:: Of- Z WI- W 0:: ~ (f) ~f- 0::1- W (D --! - - r- - - - - - - - - - J ATTACHMENT N02 OMB Case No. PL040124 ONTARIO MUNICIPAL BOARD Halloway Holdings Limited and Towchester Developments Limited have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c.P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington to redesignate lands respecting Part of Lots 11 and 12, Concession 2, Municipality of Clarington to permit medium density residential and commercial uses OMB File No. 0040033 Halloway Holdings Limited and Towchester Developments Limited have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c.P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of Lots 11 and 12, Concession 2, Municipality of Clarington to permit medium density residential and commercial uses OMB File No. Z040019 MINUTES OF SETTLEMENT WHEREAS: A. Halloway Holdings Limited ("Halloway") and Towchester Developments Limited ("Towchester") are the owners of the following three parcels of land in the Municipality of Clarington's ("Clarington") Bowmanville Urban Area . Parcel 1 comprises Block 129 on registered plan of subdivision 40M-1852. It has frontage of approximately 158 metres on easterly side of Middle Road and 106 metres on the northerly side of Longworth Avenue. . Parcel 2 comprises Blocks 184 and 194 on approved draft plan of subdivision 18T-82037.lt has frontage of approximately 180 metres on the westerly side of Liberty Street and 120 metres on the northerly side of Longworth Avenue. . Parcel 3 comprises Block 185 on approved draft plan of subdivision 18T-82037. It has frontage of approximately 72 metres on the westerly side of Liberty Street and 105 metres on the southerly side of Longworth Avenue. . Parcel 4 comprises future development Block 300 and Blocks 298 and 299 on draft approved plan of subdivision 18T -87087. Block 300 has frontage of approximately 35 metres on the easterly side of Scugog Street and 110 metres on the southerly side of Longworth Avenue. Street Y shown on approved draft plan of subdivision 18T-87087 forms the eastem boundary of Block 300. Blocks 298 and 299 will front on the east side of Street Y when it is constructed; B. T owchester and Halloway applied to Clarington for certain amendments to Clarington Official Plan and Zoning By-law (By-law 84-63, as amended) as they apply to Parcels 1, 2 and 3. 2 PL040124 Applications have not been made as yet for amendments to Clarington Official Plan and Zoning By- law as they apply to Parcel 4; C. By Notice of Appeal dated February 19, 2004 addressed to Clarington, Towchester and Halloway appealed Clarington's neglect or refusal to pass the amendments to Clarington's Official Plan and Zoning By-law applicable to Parcels 1,2 and 3 to the Ontario Municipal Board ("Appeals"); D. Halloway and Towchester have made certain proposals to Clarington respecting proposed revisions to approved draft plan of subdivision 18T-87087 applicable to Parcel 4. Halloway and Towchester will submit applications to Clarington for approval of these revisions as well as for amendments to the Zoning By-law respecting approved drafl plan of subdivision 18T-87087. The draft amendments to the Zoning By-law are referred to in section 5.0 of these Minutes of Settlement together with principles of development of Parcel 4 if the amendments are passed and come into force. E. The Ontario Municipai Board has appointed March 8, 2005 for the commencement of a hearing respecting the Appeals; F. Halloway, Towchester and Clarington wish to resolve their differences respecting Parcels 1, 2 and 3 in order to avoid contesting them at the hearing before the Board NOW THEREFORE in consideration of the mutual covenants contained herein, Towchester, Halloway and Clarington covenant and agree as follows: 1.0 Resolution of Appeals 1.1 Halloway, Towchester and Clarington agree that the appropriate resolution by the Board of the Appeals would be for the Board to approve the amendments to the Clarington Official Plan contained in Schedule 1 hereto ("OPA") and the amendments to the Zoning By-law contained in Schedule 2 hereto ("Zoning Amendments"). 1.2 Halloway, Towchester and Clarington will tender these Minutes to the Board, will present them in positive terms, and will actively co-operate to promote acceptance by the Board of these Minutes, the approval of the OPA and the enactment of the Zoning Amendments. 1.3 Halloway, Towchester and Clarington will not call any evidence or advance any argument inconsistent with the letter and spirit of these Minutes, the OPA and the Zoning Amendments. 1.4 Halloway, Towchester and Clarington will call such evidence and advance such arguments as are required to support these Minutes, the OPA and the Zoning Amendments. They will also oppose any evidence and arguments as may be presented by any other person at the hearing before the Board which are inconsistent with the letter or the spirit of these Minutes, the OPA or the Zoning Amendments. 1.5 None of Halloway, Towchester or Clarington will requestthe Board to make any orderforthe payment of costs by any of the parties to the other party or parties. 3 PL040124 2.0 Development of Parcel 1 2.1 Subject to the Ontario Municipal Board's approval of the OPA and Zoning Amendments, the parties hereto agree that the following principles will govern the development of Parcel 1 : · Dwelling units located in the area abutting Middle Road shown on the sketch contained in Schedule 4 hereto either shall face and have frontage on Middle Road or shall face and have frontage on a private road which parallels Middle Road provided that the area between the private road and public road is used for landscaping puposes only. · Dwelling units located in the area abutting Longworth Avenue shown on the sketch contained in Schedule 4 hereto shall face and have frontage on Longworth Avenue unless these Minutes are amended by the parties to permit them to face and front on a private road paralleling Longworth Avenue. · Dwelling units which face and have frontage on Middle Road or Longworth Avenue must include the installation of a wrought iron fence located on the "lot line" which is the "street line" (as those terms are defined in the Zoning By-law) which shall have a minimum height of three (3) feet and include appropriate gates to serve the individual dwelling units. · Noise attenuation will be addressed pursuant to section 41 of the Planning Act through the siting of buildings facing or flanking the public street and not through a requirement that appropriate noise attenuation be achieved through the construction of an acoustic fence or a berm unless outdoor living areas are exposed to a public street due to f1ankage conditions of the exterior side yards 3.0 Development of Parcel 2 3.1 Subject to the Ontario Municipal Board's approval of the OPA and Zoning Amendments, the parties hereto agree that the following principles will govern the development of Parcel 2: . Appropriate buffering of new development from existing residential uses will be achieved in accordance with Clarington's Official Plan pursuant to section 41 of the Planning Act through the requirement of appropriate building separations and landscaping. 4.0 Development of Parcel 3 4.1 Subject to the Ontario Municipal Board's approval of the OPA and the Zoning Amendments, the parties hereto agree that the following principles will govern the development of Parcel 3: . Dwelling units constructed on the portion of Parcel 3 located south of Longworth Avenue in an area identified on the sketch contained in Schedule 3 hereto either must have frontage on and face Longworth Avenue or Liberty Street, as shown on the aforesaid sketch, or have frontage on and face a private road paralleling either or both Longworth Avenue and/or Liberty Street, provided that the area between the private road and Longworth Avenue and/or Liberty Street, as the case may be, is used only as landscaped open space. 4 PL040124 · Noise attenuation will be addressed pursuant to section 41 of the Planning Act through the siting of buildings facing or flanking the public street and not through a requirement that appropriate noise attenuation be achieved through the construction of an acoustic fence or a berm unless outdoor living areas are exposed to a public street due to f1ankage conditions of the exterior side yards. · Appropriate buffering of new development from existing residential uses will be achieved in accordance with Clarington's Official Plan and the Zoning Amendments pursuant to section 41 of the Planning Act through the requirement of appropriate building separations and landscaping. 5.0 DeveloDment of Parcel 4 5.1 No later than six (6) months following the day on which the Board approves the OPA and enactment of the Zoning Amendments applicable to Parcels 1, 2 and 3, Halloway and Towchesterwill file with the Clarington all necessary applications and supporting materials (1) to revise draft plan of subdivision 18T-87087, and (2) to request Clarington to amend Clarington's Zoning By-law to achieve the following objectives: · To permit the development of single detached dwelling units with frontages of twelve (12) metres on both sides of the section of Street Y shown on the map contained in Schedule 5 hereto. · To permit the development of Sub-Parcel 4-A located at the south-east corner of the intersection of Scugog Street and Longworth Avenue as shown on the sketch contained in Schedule 5 hereto, as a medium density development. 5.2 Clarington will consider and make its decision on the applications referred to in paragraph 5.1 in good faith and with reasonable expedition after the same are reserved by Clarington under the provisions of the Planning Act. Without fettering in any way Clarington's Council in considering and deciding upon the aforesaid applications for draft amendments to the Zoning By-law which Halloway and Towchester may apply for, are contained in Schedules 6 and 7 attached hereto, respectively. 5.3 Subject to any necessary amendments to the Zoning By-law to accommodate the development contemplated by paragraph 5.1 being in force, the parties hereto agree that the following principles will govern the development of Parcel 4: · Dwelling units constructed on Parcel 4 in the portion of Sub-Parcel4A abutting Scugog Street as shown on the sketch contained in Schedule 5 hereto either must have frontage on and face or flank Scugog Street, as shown on the map or have frontage on and face or flank a private road which parallels Scugog Street, provided that the area between the private road and Scugog Street may be used only as landscaped open space. · Dwelling units constructed on Parcel 4 in the portion of Sub-Parcel 4A abutting Longworth Avenue as identified on the sketch contained in Schedule 5 hereto face and . 5 PL040124 have frontage on Longworth Avenue unless these Minutes are amended by the parties hereto to permit them to face and front on a private road paralleling Longworth Avenue. · Noise attenuation will be addressed pursuant to section 41 of the Planning Act through the siting of buildings facing or flanking the public street on Parcels 4-A and 4-B, and not through a requirement that appropriate noise attenuation be achieved through the construction of an acoustic fence or a berm unless outdoor living areas are exposed to a public street due to flankage conditions of the exterior side yards. · Appropriate buffering of new development from existing residential uses will be achieved in accordance with Clarington's Official Plan and the Zoning Amendments pursuant to section 41 of the Planning Act through the requirement of appropriate building separations and landscaping. 6.0 Entrance/LandscaDe Feature 6.1 A significant landscape feature consisting of vegetation, rockery and wrought iron fencing satisfactory to Clarington's Director of Planning Services, with a minimum cost of Fifteen Thousand ($15,000.00) Dollars shall be constructed by Halloway and Towchester at the south-east and north-east corners of the intersection of Scugog Street/Middle Road and Longworth Avenue. The feature will be included as a component of the landscaping that will be required as a condition of site approval of the development of Parcels 1 and 4, respectively. 7.0 Successors 7.1 These Minutes of Settlement shall enure to the benefit of and be binding upon the parties and their respective successors and assigns. 8.0 Time of Essence 8.1 Time shall be of the essence of these Minutes of Settlement. 9.0 Minutes Conditional 9.1 These Minutes are conditional on Clarington's approval of them on or before January 31, 2005. If they are not so approved, they shall be void and shall not be referred to in evidence at the hearing of the Board respecting the Appeals. DATED at Toronto this DATED at Toronto this 6 PL040124 day of January, 2005. HALLOWAY HOLDINGS LIMITED Per: Lynda Townsend Renaud, its Solicitor TOWCHESTER DEVELOPMENTS LIMITED Per: Lynda Townsend Renaud, its Solicitor day of January, 2005. THE CORPORATION OF THE MUNICIPLALlTY OF CLARINGTON Per: Dennis Hefferon, its Solicitor '- . * SCHEDULE 1 AMENDMENT NO. 40 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this Amendment is to delete the Middle Road ILongworth Avenue Local Central Area designation and replace it with Medium Density Residential, and to allow a redistribution of planned land uses with the Liberty StreeULongworth Avenue Local Central Area. BASIS: This amendment is based on an application by Halloway Holdings Limited and Towchester Development Limited, which has been reviewed by the Municipality of Clarington, including a public meeting under the Planning Act. The Municipality and the applicant have mutually agreed to the revised amendment. AMENDMENT: 1. The Clarington Official Plan is hereby amended as follows: By amending Table 9-2 Housing Targets by Neighbourhood, to adjust the housing targets in Bowmanville in the Elgin Neighbourhood No.7 by increasing the Medium Density units in the Residential Area from "50" to "150",; and in the Central Areas decreasing the medium density from "125" to "50", and decreasing the High Density units from "75" to "0". In the Knox Neighbourhood increasing from "125 to "250" the Medium Density units in the Residential Area; and in the Central Areas by reducing the Medium Density units from "125 to "50" and increasing the High Density from "75" to "175"; and making appropriate adjustments to totals for each neighbourhood, the Bowmanville Urban Area and Total so that the neighbourhood housing targets are as follows: Table 9-2 Housing Taraets bv Neiahbourhood Urban Area Housing Units Neighbourhoods Bowmanville Residential Areas Central Areas Intensification Total Low Medium Hiah Medium Hiah N7 Elgin 1025 150 50 50 0 150 1425 N9 Knox 1450 250 0 50 175 125 2050 Total 13125 3200 875 1225 1950 1800 22200 2. By amending Table 10-1 Local Central Areas to adjust the Libertyl Longworth Local Central Area housing units by increasing the Medium Density from"50' to "100" and increasing the High Density from "150" to "175" and by deleting the MiddlelLongworth Local Central Area as follows: Local Central Area Retail Office Housin Units Public Locations Floorspace Floorspace Medium High Square (sq.m.) (sq.m.) Densit Densit Requirement Libe orth 3000 500 100 175 Yes 4WG WG HG G ~ 3. By amending Map A3 - Land Use Bowmanville Urban Area as shown on Exhibit "A"; and 4. By amending Map E2 - Neighbourhood Planning Unit Bowmanville Urban Area as shown on Exhibit "B"; IMPLEMENTATION: The provisions set forth in the Clarington Official Plan regarding the implementation of the Plan shall apply in to this Amendment. INTERPRETATION: The provision set forth in the Clarington Official Plan regarding the interpretation of the Plan shall apply in regard to this Amendment. EXHIBIT "A" AMENDMENT No. 40 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A3, LAND USE, BOWMANVILLE URBAN AREA @ @) . CONCESSION RO, @ @ . 1'\'.'<< ?t! '~!.I)-:;..,...:::> @ d @. @ @ @ .@ ADD 'MEDIUM DENSITY RESIDENTIAL'SYMBOL DELETE 'LOCAL CENTRAl AREA' SYMBOL ...J c( Z o (5 w frO t;:; W frO >- Ul :0 CONCESSION w w ~ f- CJ) ~ a:: w "' ::J @ @ @ @ . . .@ @. . @ STREET l~ EXHIBIT "B" AMENDMENT No. 40 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP E2, NEIGHBOURHOOD PLANNING UNITS, BOWMANVILLE URBAN AREA ~-- -- J r---__ CONCESSION ROAD J Change From 5400 To 5650 c ~ V> '" " ::s . I I I I I I . I ~I '" BASEUNE ROAD HIGHWAy <01 15 ORT DARUNGl (3200) s' ~I MAP E2 L SCHEDULE 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- 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 former Town of Newcastle to permit the development of medium density residential uses in accordance with application ZBA 2003-015. NOW THEREFORE BE IT RESOLVED THATthe Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding thereto the following new Special Exception 14.6.25 as follows: "14.6.25 URBAN RESIDENTIAL EXCEPTION (R3-25) ZONE Notwithstanding Sections 2,14.1, and 14.4, those lands zoned R3-25 on the Schedules to this By-law shall only be used subject to the following zone regulations: a) Definition i) Dwelling, Stacked Townhouse Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. b) Permitted Residential Uses i) link townhouse dwelling, and ii) stacked townhouse dwelling c) Regulations for Residential Uses i) Density (max) 60 units per hectare ii) Lot Frontage (min) 13.5 metres iii) Yard Requirements a) front yard to an improved public street or private street b) exterior side yard to an improved public street or private street c) interior side yard (min) d) interior side yard separation between buildings without common wall (min) e) rear yard (min) f) rear yard separation between buildin9s (min) 4.5 metres (min) - 7.5 metres (max) 4.5 metres (min) - 7.5 metres (max) 7.5 metres 3.0 metres 7.5 metres 15 metres iv) Dwelling Unit Area (min) 85 square metres v) Lot Coverage (max) vi) Landscaped Open Space (min) 40 percent 40 percent T vii) Building Height (max) 10.5 metres 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "General Commercial (Cl) Zone" to "Holding - Urban Residential Exception ((H)R3-25) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. 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 by the Ontario Municipal Board this day of March, 2005. Ontario Municipal Board This is Schedule "A" to By-law 2005- , passed this day of .2005 A.D. 0~'\0 ~G'" ,,-0 CRESCENT W -.J o o ::::;; z <( (0 ~ Zoning Change From "C1" To 1(H)R3-25" John Mutton, Mayor Patti L. Barrie, Municipal Clerk \>-'..J't-. :J j ~f!I; n:: o z f- W W n:: f- (f) p..\J'C.,' f- "\\-1 ~ ! (.? I q Bowmanvllle S'(' UQ 00 S',;. "'~ U -.J -.J ::::;; ~ n:: w (]J r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- 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 former Town of Newcastle to permit the development of retail commercial and high density residential uses in accordance with application ZBA 2003-015. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding thereto the following new Special Exception 16.5.38 as follows: "16.5.38 GENERAL COMMERCIAL EXCEPTION (C1-38) ZONE Notwithstanding Sections 2, 16.1, 16.2, and 16.3, those lands zoned C1-38 on the Schedules to this By-law shall also be subject to the following zone regulations: a) Definitions i) Front Lot Line For the purposes of measuring the front yard to a building containing permitted residential uses within a "Cl-38" Zone, the front lot line shall be deemed to be the lot line abutting the improved public street municipally known as Liberty Street. i1) Retirement Home Shall mean a residential building constructed and used to accommodate either or both individual retired persons, or couples one of whom is retired, where each private bedroom or suite has separate washroom facilities and a separate entrance from a common hall. and common facilities are provided for the preparation and consumption of food. Common lounges, recreation rooms, and short-term medical care facilities may also be provided. The term retirement home includes a home for the aged as defined by the Homes for the Aged and Rest Home Act. b) Permitted Residential Uses i) apartment building; i1) nursing home; iii) retirement home; and, iv) senior citizens' apartment building. c) Regulations for Residential Uses i) Density (max) 100 units per hectare ii) Yard Requirements a) front yard 4.5 metres (min) - 7.5 metres (max) 7.5 metres, where this yard abuts a residential zone c) rear yard (min) 7.5 metres d) setback from a building containing residential uses e) setback from a building containing non-residential uses 15 metres 20 metres b) interior side yard (min) / iii) Lot Coverage (max) 40 percent iv) Building Height (max) 18 metres v) Where the building exceeds a height of 12 metres, the yard requirements contained in Section 16.5.38 c) ii) b) and Section 16.5.38 c) ii) c) shall be increased by 1 metre for each additional full metre, or part thereof, of height added to the building height. d) Permitted non-residential uses shall be developed in accordance with Section 16.3 and the following provisions: i) Non-Residential Floorspace (max) a) Retail Commercial Uses 3,000 square metres, and b) Office Uses 500 square metres ii) Additional Yard Requirements a) Depth of area between building 30 metres and south lot line (max) b) Depth of area between building 90 metres and north lot line (min) 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - General Commercial ((H)Cl) Zone" and "Holding - Urban Residential Type Four ((H)R4) Zone" to "Holding - General Commercial Exception ((H)Cl- 38) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Pianning Act. BY-LAW passed by the Ontario Municipal Board this day of March, 2005. Ontario Municipal Board This is Schedule "A" to By-law 2005- , passed this day of .2005 A.D. f- Z W o C<: <>: :r: I- 0:: o Z I- W W 0:: I- (f) ~ 0:: W en --.J f- Z W o C<: <>: ~ Zoning Change From I(H)R4" To "(H)C1-38" ~ Zoning Change From "(H)C1" To I(H)C1-38" John Mutton. Mayor Patti L. Barrie. Municipal Clerk W --J o o ::;; ~J C<: o Z J'o. &Q OQ J',;. tr.~ U --J --J ::;; w w a:: f- (f) ~ a:: w ill :J f>.\!t... f- :'\\-1 ;c' I ~ Bowmanvllle , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- 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 former Town of Newcastle to permit the development of medium density residential uses in accordance with application ZBA 2003-015. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding thereto the following new Special Exception 14.6.26 as follows: "14.6.26 URBAN RESIDENTIAL EXCEPTION (R3-26) ZONE Notwithstanding Sections 2, 14.1, and 14.4, those lands zoned R3-26 on the Schedules to this By-law shall also be subject to the following zone regulations: a) Definitions i) Dwellin9, Stacked Townhouse Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. ii} Retirement Home Shall mean a residential building constructed and used to accommodate either or both individual retired persons, or couples one of whom is retired, where each private bedroom or suite has separate washroom facilities and a separate entrance from a common hall, and common facilities are provided for the preparation and consumption of food. Common lounges, recreation rooms, and short-term medical care facilities may also be provided. The term retirement home includes a home for the aged as defined by the Homes for the Aged and Rest Home Act. b) Permitted Residential Uses i) link townhouse dwelling; iI} nursin9 home; iii) retirement home; iv) senior citizens' apartment building; and, v) stacked townhouse dwelling. c) Regulations for Nursing Home, Retirement Home, and Seniors' Citizens Apartment Buildin9 i) Density (max) 60 units per hectare ii) Yard Requirements a) front yard b) exterior side yard 4.5 metres (min) - 7.5 metres (max) 4.5 metres (min) - 7.5 metres (max) 10 metres 1 0 metres c) interior side yard (min) d) rear (min) iii) Lot Coverage (max) 40 percent iv) Building Height (max) 12 metres d) Regulations for Link Townhouse Dwellings and Stacked Townhouse Dwellings i) Density (max) 60 units per hectare ii) Lot Frontage (min) 13.5 metres iii) Yard Requirements a) front yard to an improved public street or private street b) exterior side yard to an improved public street or private street c) interior side yard (min) d) interior side yard separation between buildings without common wall (min) e) rear yard (min) f) rear yard separation between buildings (min) 4.5 metres (min) - 7.5 metres (max) 4.5 metres (min) - 7.5 metres (max) 7.5 metres 3.0 metres 7.5 metres 15 metres iv) Dwelling Unit Area (min) 85 square metres v) Lot Coverage (max) 40 percent vi) Landscaped Open Space (min) 40 percent vii) Building Height (max) 10.5 metres 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type Four ((H)R4) Zone" to "Holding - Urban Residential Exception ((H)R3-26) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. 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 by the Ontario Municipal Board this day of March, 2005. Ontario Municipal Board , This is Schedule "A" to By-law 2005- , passed this day of .2005 A.D. f- W W a:: f- (f) f- Z w G a:: <( J GOODWIN AVENUE :r: I- 0::: 0 Z I- W w 0::: l- V) ~ 0::: W al --.J f- Z w G a:: <( ~ Zoning Change From "(H)R4" To "(H)R3-26" John Mutton. Mayor Patti L. Barrie, Municipal Clerk J'o. uc~ 0 &Q w 00 -l J',>o 0 0 W ::;; z :'5 \ -l -l ::;; ::::i AVENUE I f- a:: o z w w a:: f- (f) ~ a:: w m ::::i p..'-J'C... f- 'il-\ ~ I Q Bowmanvllle THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- 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 former Town of Newcastle to permit the development of low and medium density residential uses in accordance with application ZBA 2005-_. NOW THEREFORE BE IT RESOLVED THATthe Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding thereto the following new Special Exception 14.6.27 as follows: "14.6.27 URBAN RESIDENTIAL EXCEPTION (R3-27) ZONE Notwithstanding Sections 2, 14.1 and 14.4, those lands zoned R3-27 on the Schedules to this By-law shall only be used subject to the following zone regulations: a) Definition i) Dwelling, Stacked Townhouse Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. b) Permitted Residential Uses i) apartment building, iI) link townhouse dwelling, and iii) stacked townhouse dwelling c) Regulations for Link Townhouse Dwelling and Stacked Townhouse Dwelling Uses i) Density (max) ii) Lot Frontage (min) 60 units per hectare 13.5 metres iii) Yard Requirements a) front yard to an improved public street or private street b) ex1erior side yard to an improved public street or private street c) interior side yard (min) d) interior side yard separation between buildings without common wall (min) e) rear yard (min) f) rear yard separation between buildings (min) 4.5 metres (min) - 7.5 metres (max) 4.5 metres (min) - 7.5 metres (max) 7.5 metres 3.0 metres 7.5 metres 15 metres iv) Dwelling Unit Area (min) 85 square metres v) Lot Coverage (max) 40 percent vi) Landscaped Open Space (min) vii) Building Height (max) d) Regulations for Apartment Building Uses i) Density (max) ii) Lot Frontage (min) iii) Yard Requirements a) front yard to a lot line b) exterior side yard c) interior side yard (min) d) rear yard (min) iv) Dwelling Unit Area (min) a) Bachelor Dwelling Unit b) One Bedroom Dwelling Unit c) Two Bedroom Dwelling Unit d) Dwelling Unit containing three or more bedrooms v) Lot Coverage (min) vi) Landscaped Open Space (min) vii) Building Height (max) 40 percent 10.5 metres 60 units per hectare 20 metres 3 metres (min) - 6 metres (max) 3 metres (min) - 6 metres (max) 7,5 metres 7.5 metres 40 square metres 55 square metres 70 square metres 80 square metres 40 percent 40 percent 12 metres 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type Three ((H)R3)" to "Holding - Urban Residential Exception ((H)R3-27) Zone", and, "Holding - Urban Residential Type Three ((H)R3)" to "Holding - Urban Residential Exception ((H)R2-15) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. 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 by the Ontario Municipal Board this day of March, 2005. Ontario Municipal Board This is Schedule "A" to By-law 2005- , passed this day of .2005 A.D. w --" o o :::;; --" --" :;: CRESCENT Z <0: '0 ~ Zoning Change From I(H)R3" To I(H)R2-15" ~ Zoning Change From I(H)R3" To I(H)R3-27" John Mutton. Mayor Patti L. Barrie, Municipal Clerk \>o'-lS. --" j ~1J; CY o Z f- W W CY f- (f) J"(l VQ OQ 0',;. tL~ U AVENUE ~ CY W aJ ::J I,,:A. f- WI ~ Bowmanvllle ,. . SCHEDULE 3 " ~ ..; ----WN6-w8R:rH-A ----- . . . ~ 0:: C) ~ /" ~ 05 g: /' U) / 104 ~ / /" aJ /103 ~ -.J 102 ~ -~~ \ 101 100 \ / \ - " r I , I ~ Parcel 3 SCHEDULE 4 . .~ 5):~o"OO " 1\ o ; I -r-il 1"0 . '-.Y " 10 0 _i ," -!-) o ! il -L--1' il jI . 'I ) \~/Jo.. I " . . ~ -\ ~ ...--- ---- -------- -ecoornB'- --"74':Ii- -- -------- "-------- .' --'fU1\JRE DEVaOPMI!NT 6~ OCK B~OCI< 300 " (0.810 ha - 2.00 Q<:,) __~o __ -- ~ ~ o. . 0 SR ~1-'"'i"'A&i ~r:lr. on;;." - BLOC: )20 Units facing the street PARCEL 1 \' t SCHEDULE 5 ~ J\ I I ~ ~ ~ II , II , II jl 'I Q .\ , \\ ~ \ \-\ ~ \.~\ ~ .~ -\\ "---- ~ ." ..t ". . PARCEL4A ^' tyr ~ " _ _ _ -:-r _ _ _ _ ~_i.! oR:l 1---- _ 0 SR ___J- PLAN 1 .,. 89021 BLOC)20 I~:=: ~.-:_-__:: _ _:::j :==:::c=-- l~:=: L- _.-J _ :=:-J--:~ I r- ~ ;:;:71 TfTf -rT:IT 1 TlI\ \~ ::-.-Ir- - ~ . ....",:1\\" .......