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HomeMy WebLinkAboutPDS-005-24Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: February 12, 2024 Report Number: PDS-005-24 Submitted By: Reviewed By: File Number: Report Subject: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Mary-Anne Dempster, CAO COPA2023-0005 & ZBA2023-0017 Resolution#: Proposed Official Plan and Zoning By-law Amendment for 446 residential units in Bowmanville Purpose of Report: The purpose of this report is to provide information to the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1.That Report PDS-005-24 and any related communication items, be received for information only; 2.That Staff receive and consider comments from the public and Council with respect to the Official Plan and Zoning By-law Amendment applications; and 3.That all interested parties listed in Report PDS-005-24 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-005-24 Report Overview The Municipality is seeking the public’s input on application s for proposed Official Plan and Zoning By-law Amendment submitted on behalf of Your Home Developments (Bowmanville) Inc. to permit a total of 446 residential units, including 430 apartment dwelling units and 16 townhouse dwelling units. The proposal includ es two (2) apartment buildings, one (1) 10- storeys and one (1) 12-storeys in height and two (2) blocks of townhouses that are 4-storeys in height. The conceptual site plan illustrates a right in, right out access from Bowmanville Avenue and a secondary access to the signalized intersection of Bowmanville Avenue and Hartwell Drive via the property to the south at 1505 Bowmanville Avenue. The majority of parking is proposed in an underground parking area, with 11 surface visitor parking spaces. A centralized , at- grade, common outdoor amenity area is also proposed. The subject lands are located east of Bowmanville Avenue and west of Rhonda Park and are within the boundaries of the proposed Bowmanville West Major Transit Station Area Secondary Plan. 1. Application Details Owner: Your Home Developments (Bowmanville) Inc. Municipality of Clarington Page 3 Report PDS-005-24 Figure 1 – Location of Subject Lands Municipality of Clarington Page 4 Report PDS-005-24 2. Background 2.1 On December 19th, 2023, GHD submitted applications for an Official Plan and Zoning By- law Amendment to permit the development of 446 residential units consisting of 430 apartment dwelling units and 16 townhouse dwelling units (refer to Attachment 1). The applications were deemed complete on January 8th, 2024. 2.2 The applicant has submitted the following studies in support of the applications which have been circulated to departments and agencies for review. The studies are available upon request and will be summarized in a future recommendation report.  Stage 2 Pre-consultation Comment Response Matrix;  Architectural Drawing Set (inclusive of site plan, floor plans, sect ion plans and sun/shadow diagram);  Planning Rational Report;  Landscape Analysis;  Urban Design Brief;  Environmental Sustainability Plan;  Transportation Impact Study;  Functional Servicing and Stormwater Management Report;  Tree Inventory and Tree Preservation Plan;  Conceptual Landscape Plan;  Hydrogeological Investigation;  Geotechnical Investigation;  Environmental Impact Study;  Stage 1 & 2 Archaeological Assessment;  Site Screening Questionnaire; and,  Arborist Report. Municipality of Clarington Page 5 Report PDS-005-24 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located on the east side of Bowmanville Avenue and directly west of Rhonda Park in Bowmanville. The lands currently function as four (4) separate single detached dwellings with associated driveways, accessory structures and build ings. The eastern perimeter of the Subject Lands is heavily treed, and the subject lands feature a significant slope towards Rhonda Park. 3.2 The surrounding uses are as follows: North: Existing low density residential; East: Rhonda Park featuring a baseball diamond and play structure, Rhonda Boulevard beyond; South: Existing 4-storey residential apartment building; and, West: Bowmanville Avenue and commercial plaza beyond featuring a variety of convenience commercial and service uses. 4. Provincial Policy Provincial Policy Statement (PPS) 4.1 The PPS provides policy direction on land use planning and development for matters of provincial interest. This includes the protection of provincial resources, public health and safety, and the quality of the natural and built environment. These objective s are to be achieved through efficient land use planning. Through land use designations and policies, municipal official plans and secondary plans seek to implement the PPS. 4.2 The PPS focuses growth and development within urban and rural settlement areas. Development within these areas must meet the full range of current and future needs of the population by employing efficient development patterns and avoiding significant or sensitive resources and areas which may pose a risk to public health and safety. Land use patterns should promote a mix of housing, including affordable housing, employment, recreation, parks and open spaces, and transportation choices that increase the use of active transportation and transit before other modes of travel. 4.3 The proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2019 (Growth Plan) 4.4 The Growth Plan provides guidance on where and how to grow within the Greater Golden Horseshoe (GGH). This includes requiring Municipalities to maintain a three -year supply of serviced land for residential development. Municipality of Clarington Page 6 Report PDS-005-24 4.5 Building on the direction of the PPS, the Growth Plan supports the achievement of complete communities, a thriving economy, a clean and healthy environment, and social equity. These goals will be achieved by promoting access to transit and active transportation and increasing the amount and variety of housing that is provided. 4.6 The Growth Plan recognizes transit as a first priority for major transportation investments. It sets out a regional vision for transit and seeks to align transit with growth by directing growth to major transit station areas and other strategic growth areas. The Growth Plan directs that upper-tier municipalities, in consultation with lower-tier municipalities, will delineate major transit station areas through their municipal comprehensive reviews. The new Durham Region Official Plan (“Envision Durham”, adopted May 17th, 2023, and yet to be approved by the Ministry of Municipal Affairs and Housing) delineates a Protected Major Transit Station Area (PMTSA) which surrounds the proposed GO Station north - west of the subject lands, and includes the subject lands within its boundary. The Growth Plan directs that major transit station areas that are served by the GO Transit rail network will be planned for a minimum density of 150 residents and jobs combined per hectare. 4.7 The subject lands are within the Bowmanville Built-Up Area as defined by the Growth Plan. The proposed development will contribute to the intensification targets of the Growth Plan. 4.8 The proposal is consistent with the Provincial Growth Plan. 5. Official Plans Durham Region Official Plan (ROP) 5.1 Per Schedule ‘A’ - Map ‘A5’ of the ROP, the subject lands are designated "Living Areas”. Each community within this designation shall be developed to incorporate the widest possible variety of housing types, sizes, and tenure to provide living accommodations that address various socioeconomic factors. Further, the ROP identifies a future “GO Station” north-west of the subject lands. 5.2 Per Schedule ‘C’ - Map ‘C1’ of the ROP, the subject lands are adjacent to Bowmanville Avenue (also known as Regional Road 57) which is identified as a “Type ‘A’ Arterial Road”. Further, Schedule ‘C’ – Map ‘C3’ of the ROP identifies a future “Transportation Hub” north-west of the subject lands. Municipality of Clarington Page 7 Report PDS-005-24 5.3 The ROP policies for Local Corridors call for mixed-use areas, with appropriate densities to support frequent transit service. Portions of Local Corridors with an underlying Living Areas designation, which are identified as appropriate for mixed-use development, shall support an overall, long-term density target of at least 30 residential units per gross hectare and a floor space index of 2.0. The built form should be a wide variety of building forms with mid-rise predominating, as detailed in area municipal official plans. The portion of Bowmanville Avenue that is adjacent to the subject lands is identified as a “Local Corridor” in the Municipality of Clarington Official Plan. 5.4 The subject lands are within the built-up area of the ROP. Until Envision Durham is approved by the Ministry of Municipal Affairs and Housing and in effect, the annual minimum intensification target contained in the ROP will continue to apply. Policy 7.3.9 of the ROP directs that a minimum of 40% of all residential development across the Region occur through intensification within built-up areas. Further, Schedule ‘E’ – Table ‘E9’ directs that the Municipality of Clarington allocate 6,181 units or 32% of the total residential units to intensification. 5.5 The proposed development will contribute to the intensification targets of the ROP and appears to be consistent with the ROP. Clarington Official Plan (COP) 5.6 Per Map ‘A3’ of the COP, the subject lands are designated “Urban Residential”. The Urban Residential designation is predominantly intended for housing purposes. A variety of densities, tenure and housing types are encouraged, generally up to 3 storeys in height. 5.7 Per Map ‘B’ of the COP, Bowmanville Avenue (Regional Road 57) is identified as a “Loca l Corridor”. Local Corridors shall provide for intensification, mixed -use development and pedestrian and transit-supportive development. The development of Local Corridors aims to improve the public realm and establish walkable, transit-supportive corridors through high-quality streetscaping and built form. The minimum density is 40 units per net residential hectare. The standard building height is 2-6 storeys. Low rise is 2-4 storeys, mid-rise is 5-6 storeys. The building form can be mixed-use buildings, apartments and townhouses. 5.8 The proposed height of the 10-storey and 12-storey apartment buildings is not in conformity with the 6-storey height restriction of the “Local Corridor” designation, and therefore, an Official Plan Amendment is required. A draft Official Plan Amendment prepared by the applicant is included as Attachment 1. Further analysis will be completed through subsequent processing of the application for Official Plan Amendment. Municipality of Clarington Page 8 Report PDS-005-24 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands as “Urban Residential Type One (R1) Zone”. A Zoning By-law Amendment is required to permit and regulate the proposed built form. A draft zoning by-law prepared by the applicant is included as Attachment 2. 7. Public Notice and Submissions 7.1 Public Notice of this Statutory Public Meeting was mailed to each landowner within 120 metres of the subject lands, and a public meeting sign was installed on the subject lands fronting Bowmanville Avenue. 7.2 As of writing this report, staff have not received comments from the public. Comments received from the public at this Statutory Public Meeting will be considered and included in the recommendation report. 8. Departmental and Agency Comments 8.1 The application was circulated to internal departments and external agencies for review and comments. At the time of writing this report, no adverse comments had been received related to the proposed Official Plan and Zoning By-law Amendments. A subsequent comment letter coordinating all internal and external comments will be sent to the applicant once they are received. 9. Discussion Envision Durham – New Durham Region Official Plan 9.1 The subject lands are within a “Protected Major Transit Station Area” (PMTSA) as delineated by ROPA 186 and further through Envision Durham. There are a number of proposed policies for PMTSA’s within Envision Durham, however, these policies are not in effect until Envision Durham has been approved by the Minister of Municipal Affairs and Housing. Bowmanville West Urban Centre and Major Transit Station (GO Train) Area Secondary Plan Update 9.2 The Municipality is in the process of updating the existing Bowmanville West Urban Centre Secondary Plan. Part of this update includes the expansion of the Secondary Plan boundary to match the boundary of the PMTSA, therefore including the subject lands. Municipality of Clarington Page 9 Report PDS-005-24 9.3 The draft Official Plan Amendment, inclusive of the Secondary Plan, was presented at a Statutory Public Meeting on January 22 nd, 2024. The subject lands are proposed to be designated “Residential Medium Density”, in which this designation permits low-rise apartment buildings and limits the permitted height to 6 -storeys. The planned function of this designation is to provide for development along the edges of the Secondary Plan that will provide a transition in height from taller buildings in the plan area to the surrounding lower density residential areas. 9.4 A Zoning By-law amendment to implement the entirety of the Bowmanville West Urban Centre and Major Transit Station Area Secondary Plan was drafted and presented at the statutory public meeting held on January 22nd, 2024. As presented, the draft implementing zoning by-law zones the subject lands as the “Residential – Medium Density (R-MD) Zone” with a holding symbol and height permissions ranging from 6 to 12 storeys. Staff has acknowledged and discussed the error with the applicant, as unfortunately these height permissions are not aligned with the with the proposed Secondary Plan designation. 9.5 As the intent of the accompanying zoning is to implement the Secondary Plan, staff will address the height discrepancy as part of the recommendation report for the Secondary Plan. Staff anticipate that the recommendation report will be presented to Council for consideration prior to summer recess. Municipality of Clarington Page 10 Report PDS-005-24 Figure 2 – Draft Land Use Map – Bowmanville West MTSA Secondary Plan Sunlight and Shadow Compatibility 9.6 The COP contains infill development policies that need to be considered when reviewing the application, such as lot size, transition and impacts to surrounding uses (specifically refer to Section 5.4 of the COP). Careful attention and consideration of these policies will contribute to the overall success of the project and assist in creating a development that cohesively ties in with the surrounding neighbourhood. 9.7 The draft Bowmanville West Urban Centre and Major Transit Station Area Secondary Plan includes draft sunlight and shadow policies that articulate the priorities of the COP, Staff will consider these policies through the review of the submitted sun / shadow diagram. Municipality of Clarington Page 11 Report PDS-005-24 Other Considerations 9.8 Affordable units are encouraged to be provided within the proposal. The COP encourages a minimum of 30% of all units within the Urban Areas to be affordable. 9.9 Ontario government recently passed legislation known as the GO Transit Station Funding Act (Bill 131) that would allow municipalities to collect a transit station charge to pay for costs related to the construction of a new GO transit station from new nearby developments in exchange for reduced parking rates/expedited approval . As more details on the GO Transit Station Funding Act are released, the Municipality will explore the use of this tool. 9.10 The applications for Official Plan and Zoning By-law Amendments are required to permit and regulate the proposed built form. Future applications for site plan approval and draft plan of condominium will also be required. 9.11 Staff will continue to review the submitted applications for official plan and zoning by -law amendments and will work with the applicant to address all technical matters. Agency and public comments will be addressed in a subsequent recommendations report to Committee and Council. 10. Financial Considerations 10.1 On April 14, 2022, Bill 109, the More Homes For Everyone Act, 2022, received Royal Assent. Among other matters, Bill 109 amended the Planning Act to require municipalities to refund Zoning By-law Amendment and Site Plan Approval application fees in a phased approach if no decision is made or no approval is issued within the legislative timelines. Zoning by-law amendment applications are required to have a decision made within 120 days if concurrent with an official plan amendment. These changes came into effect on July 1, 2023, for new applications submitted after that date. Complete applications COPA2023-0005 & ZBA2023-0017 were submitted on December 19th, 2023, the following refunds will apply if a decision is not made by the prescribed date: Decision Date Refund Required April 17th, 2024 50% June 16th, 2024 75% August 15th, 2024 100% Municipality of Clarington Page 12 Report PDS-005-24 11. Strategic Plan 11.1 The proposed development will be reviewed against the pillars of the Clarington Strategic Plan 2024-27. Staff will give special attention to the priorities of growing resilient, sustainable and complete communities and connecting residents through the design of safe, diverse, inclusive and vibrant communities. An analysis of the proposed developments interaction with the specific priorities of the Strategic Plan will be included in the future recommendation report. 12. Concurrence 12.1 This report has been reviewed by the Deputy CAO, Finance and Technology/Treasurer, who concurs with the recommendations. 13. Conclusion 13.1 The purpose of the Public Meeting report is to provide background information on the proposed Official Plan and Zoning By-law Amendment applications to permit a total of 446 residential units for the Public Meeting under the Planning Act. Staff will continue processing the applications including preparation of a subsequent recommendation report. Staff Contact: Lucy Pronk, Principal Planner, (905) 623-3379 x 2314 or lpronk@clarington.net or Amanda Tapp, Manager, Development Review, (905) 623-3379 x 2427 or atapp@clarington.net. Attachments: Attachment 1 – Architectural Materials Attachment 2 – Draft Official Plan Amendment Attachment 3 – Draft Zoning By-law Amendment Attachment 4 – Schedule ‘A’ Draft Bowmanville West Zoning By-law Interested Parties: List of Interested Parties available from Department. Attachment 1 to PDS-005-24 The Corporation of the Municipality of Clarington Amendment Number XXX To the Municipality of Clarington Official Plan Purpose: To amend the Clarington Official Plan to permit an apartment building(s) with a height of 12 storeys within a Local Corridor land use designation. Location: The amendment to the Official Plan applies to the property at 1525 – 1585, Bowmanville Avenue, in Bowmanville. Basis: This amendment is based on applications by Your Home Developments (Bowmanville) Inc. to permit 440 units, two apartment buildings and two townhouse buildings, on lands on the east side of Bowmanville Avenue, South of Aspen Springs Drive. Actual Amendment: The Clarington Official Plan is hereby amended by adding an exception to Section 23.19.xx “Residential Exceptions” as follows: ix.Notwithstanding Table 4-3 “Summary of Urban Structure Typologies”, lands identified by Roll Number xxxx shall, in addition to the permitted uses within a local corridor, be used for an apartment building(s) with a maximum height of 12 storeys Attachment to PDS-005-24 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 2023-XXXX 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-2023-XXXX; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1.Section 15.4 ‘Special Exceptions – Urban Residential Type Four (R4) Zone’ is amended by adding Special Exception Zone 15.4.XX as follows: “15.4.XX Urban Residential Type Four Exception XX (R4-XX) Zone Notwithstanding Sections XXXX and XXXX, those lands zoned R4-XX on the Schedule A to this By-law shall subject to the following: a.Permitted Uses Apartment Building, link townhouse dwelling b.Density (Maximum)340 units per net hectare c.Yard Requirements i)Front Yard 2.5 metres ii)Interior Side Yard 6.0 metres for apartment building, 3.0 metres for link townhouse dwelling iii)Rear Yard 6.0 metres d.Notwithstanding the above, the minimum yard setbacks to an underground parking structure located below established grade shall be 0.0 metres e.Notwithstanding the above, the minimum yard setbacks to an underground parking structure projecting above grade but below finished ground floor elevation shall be 0.5 metres f.Lot Coverage (Maximum)40 percent g.Landscaped Open Space (Minimum) 20 percent h.Building Height 12 storeys (41.0 metres) for apartment building, 4 storeys (13.0 metres) for link townhouse dwelling Attachment to PDS-005-24 i. Parking (Minimum) 1.0 spaces per dwelling unit for residents, 0.2 spaces per dwelling unit for visitors j. Street Façade Length (Minimum) 70% to Bowmanville Avenue k. Buildings six storeys or taller shall setback all floors above the fourth storey that face a public street (Minimum) 1.2 metres 2. Schedule 3 to By-law 84-63, as amended, is hereby further amended by changing the zone designation from Residential 1 (R1) Zone to Urban Residential Type Four Exception XX (R4-XX) Zone as illustrated 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 in open session this _____ day of ____________, 2023 __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk G:\662\12568476\Tech\Planning\Zoning\12568476-ZONING.dwgCad File No:10 February 2023 - 4:28 PMPlot Date:Holly Templeton-BelliPlotted by: SCHEDULE A TO BY-LAW NO. XX-23 MUNICIPALITY OF CLARINGTON AMENDMENT TO SCHEDULE 3D TO ZONING BY-LAW 84-63 LEGEND: THIS IS SCHEDULE A TO BY-LAW NO.XX-23 PASSED THIS XX DAY OF XXXX, 2023 MAYOR: CLERK: SUBJECT LANDS N 0 75m2550 SCALE 1:2500 AT ORIGINAL SIZE Re-Zone from 'Residential' [R1] Zone' to: Urban Residential Type 4 Exception XX [R4-XX] Zone 1525-1585 Bowmanville Avenue Attachment 4 to PDS-005-24