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HomeMy WebLinkAboutPDS-004-25 Public 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: January 20, 2025 Report Number: PDS-004-25 Authored By: Nicole Zambri, Senior Planner Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO File Number: ZBA2022-0023 and SC-2022-0014 Resolution#: Report Subject: Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit 187 residential units at 2547 Bowmanville Ave nue 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-004-25 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 Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by Tribute Tercot Brookhill 1 Inc. and continue processing the applications including the preparation of a subsequent recommendation report; and 3. That all interested parties listed in Report PDS-004-25 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-004-25 Report Overview The Municipality is seeking the public’s input on applications for a proposed Draft Plan of Subdivision and Zoning By-law Amendment to create a total of 187 residential units consisting of 18 single detached dwelling units, 18 semi detached dwelling units, 11 street related townhouse units and two medium density blocks showing 140 townhouse units. A park and stormwater management facility are also proposed, as well as six-part lots. The six part lots are proposed along the southern boundary to be developed following the realignment of Longworth Avenue. The part lots are proposed to be developed into one single detached dwelling and one townhouse block consisting of 5 units. The subject lands are located at the northeast corner of Bowmanville Ave nue. and Longworth Avenue. The draft plan of subdivision shows a public road connection off of Longworth Avenue, as well as Bowmanville Avenue. The proposal is also within the Brookhill Secondary Plan Area and shows a pedestrian trail connection along the open space lands. 1. Background 1.1 On October 28, 2022, Tribute Tercot Brookhill 1 Inc. submitted applications for a draft plan of subdivision and rezoning to permit the development of 187 residential units consisting of singles, semis, street townhouse and stacked townhouses (refer to Attachment 1). 1.2 The proposal shows a realignment of Longworth Avenue. Each lot will have frontage on “Street A” or “Street B”. The two medium density blocks will have vehicle access from the internal private road. The proposal also shows a park block and stormwater management facility on the southeast side of the subject lands, adjacent to the natural heritage areas (see Figure 1). 1.3 The applications were submitted prior to the Brookhill Secondary Plan being approved by the Region of Durham, which was counter to Staff’s recommendation at the pre - consultation meeting. The applications were determined to be premature and were deemed incomplete until the Brookhill Secondary Plan Amendment received final approval by the Region of Durham. 1.4 The Region approved the Brookhill Secondary Plan on July 25, 2024, with minor modifications. Four appeals were received upon giving notice of approval. All four appeals are related to the site specific designation on the appellant’s lands. Therefore the entire Brookhill Secondary Plan is currently under appeal until the appeals are scoped or resolved by the Tribunal. Staff will closely monitor the appeals to determine if any modifications would be required to the subject applications. No decision on the applications should be made until the appeals have been resolved. Municipality of Clarington Page 3 Report PDS-004-25 Figure 1 – Proposed Draft Plan of Subdivision 2. Land Characteristics and Surrounding Uses 2.1 The subject lands are located on the east side of Bowmanville Avenue and north of Longworth Avenue in the Bowmanville Urban Area. The lands are currently vacant and being used for agricultural purposes. The topography of the site has a high point to the Municipality of Clarington Page 4 Report PDS-004-25 north and slopes down to the southeast towards the Bowmanville Creek. The site currently has frontage on Bowmanville Avenue. and Longworth Avenue, however after the realignment of Longworth Ave., which is proposed to connect to Bowmanville Avenue. further south, the site will no longer have frontage for that portion of Longworth Avenue. 2.2 The surrounding uses are as follows: North: Woodlands and the Bowmanville Creek; beyond that, predominately existing ground related residential lots and North Scugog Court. East: Woodlands and the Bowmanville Creek; beyond that, predominately existing ground related residential lots and Scugog Street. It should also be noted that the lands immediately to the east of the subject lands, along Longworth Avenue, was a former waste disposal site which was capped with clean fill in 1999. South: Longworth Avenue is directly south of the subject lands, followed by agricultural lands and estate residential homes. West: Predominantly vacant agricultural lands proposed for redevelopment to residential uses. 3. Provincial Policy Provincial Policy Statement (PPS) 2024 3.1 The Provincial Planning Statement (PPS 2024) encourages planning authorities to create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. These objectives are to be achieved through efficient land use planning. Municipal official plans and secondary plans support the PPS through land use designations and policies. 3.2 The new PPS 2024 has been combined with the Growth Plan and now encourages a minimum density target of 50 residents and jobs per gross developable hectare in designated growth areas. The proposal would be achieving a gross density of approximately 68 people per hectare. 3.3 Healthy and active communities should be promoted by planning public streets to be safe, and meet the needs of pedestrians, foster social interaction, and facilitate active transportation and community connectivity. Compact and diverse devel opments promote active modes of transportation such as walking and cycling. Municipality of Clarington Page 5 Report PDS-004-25 3.4 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 3.5 The PPS also states that planning for stormwater management shall promote stormwater management best practices, including stormwater attenuation and re-use, water conservation and efficiency, and low impact development. 4. Official Plans Durham Region Official Plan (Envision Durham) 4.1 On September 3, 2024, the Minister of Municipal Affairs and Housing approved Envision Durham, which is the new Regional Official Plan, with modifications. The Durham Region Official Plan designates the subject lands as “Community Areas” and the eastern portion of the site is designated “Major Open Space Areas.” 4.2 Community Areas are to be planned for a variety of housing types, sizes, and tenures, including singles and townhouse dwellings. These areas can also include population - serving uses and shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas. 4.3 Major Open Space Areas are a component of the Region’s Greenlands System that generally follow major permanent and/or intermittent stream and valleys and contain high concentrations of key natural heritage features and key hydrologic features. These lands are to be protected, enhanced, and conserved to ensure their ecological value is maintained. Development or site alteration is not permitted in Key Natural Heritage and Hydrologic Features, including any associated vegetation protection zone, as determined through an Environmental Impact Study. 4.4 An Environmental Impact Study was prepared by GeoProcess Research Associates Inc., dated October 19, 2022, in support of the applications and will be reviewed and assessed in the recommendation report. Clarington Official Plan (COP) 4.5 The Clarington Official Plan designates the site Urban Residential and Environmental Protection and is within the Bowmanville Urban Area. A variety of densities, tenure and housing types are encouraged, generally up to 6 storeys in height along Local Corridors and up to 3 storeys internal to neighbourhoods. Detached dwellings and townhouses are permitted, as proposed. Municipality of Clarington Page 6 Report PDS-004-25 4.6 There are two medium density blocks proposed within the draft plan of subdivision. The COP policies state that multi-unit residential development will be developed on the basis of the following site development criteria: a) Suitability of the size and shape of the site; b) Compatibility with the surrounding neighbourhood in terms of scale, massing, height and siting; c) Minimize impact of traffic on local streets; d) Multiple and direct vehicular accesses from public streets, without reliance on easements; e) Townhouses shall not be sited on opposite sides of the street in order to allow for sufficient on-street parking; f) Achieve a mixture of housing types and shall not replicate the same built form; g) Street townhouses shall generally not comprise more than 6 attached units; and h) Townhouses sited on blocks shall generally not exceed 50 units. 4.7 An Environmental Impact Study (EIS) was prepared by the applicant to define the development limits and meet the requirements of the Clarington Official Plan policies. No development is permitted within the natural heritage features or their minimum vegetation protection zone. A further analysis of the EIS and the recommendations of the study will be analyzed in a subsequent report. 4.8 Section 23 of the Clarington Official Plan also provides criterial to evaluate the approval of residential developments in an urban area, including draft plans of subdivisions: a) Ensure sequential development of neighbourhoods b) Proposed development is adjacent to Centres or Built-up Aras c) The economical use and extension of all infrastructure and se rvices d) Ensure it offers intensification; and e) Increase density for new neighbourhoods having regard for proposed measures to integrate into existing stable residential areas. 4.9 The policies in the Official Plan indicate that the Municipality may declare a res idential draft plan of subdivision premature if the capital works and services required to service the lands are not within the Municipality’s current capital budget or 10-year capital forecast. Further discussions in this regard are to be provided in the recommendation report. Municipality of Clarington Page 7 Report PDS-004-25 Brookhill Neighbourhood Secondary Plan Area 4.10 Clarington Staff completed the update to the existing Brookhill Secondary Plan, however the updated Plan was appealed to the Ontario Land Tribunal. The lands in the existing Secondary Plan designate this area as a Future Development Area. As per the policy 11.4 of the in force and effect Brookhill Secondary Plan , areas designated Future Development Area cannot proceed until the Secondary Plan has been amended to include this area and the designations. 4.11 Specifically, the Secondary Plan states that Future Development Areas include proposed land uses that will come into effect after a further amendment to this Plan and subsequent to a comprehensive review of the Clarington Official Plan. Until such time, only the Environmental Protection Area and the Separate Elementary School designations are in force and effect. All other land uses are subject to the Future Urban Residential designation and policies of the Clarington Official Plan. 4.12 Policy 9.4.4 of the Clarington Official Plan states that land uses are restricted to agricultural purposes or other land uses that do not jeopardize the orderly future development of the lands for urban uses until the completion of a Neighbourhood Secondary Plan. Brookhill Secondary Plan (approved by Region on July 25, 2024, under appeal) 4.13 Within the updated Brookhill Secondary Plan, the subject lands are designated ‘Low Density Residential’, ‘Medium Density Local Corridor’, ‘Medium Density Residential’, and ‘Environmental Protection Area’ in the approved Secondary Plan. The Secondary Plan was approved by the Region on July 25, 2024, however, it is currently under appeal. 4.14 A Parkette and Stormwater Management Facility are also shown on Land Use Schedule A, as well as a trail along the east side of the subject lands, adjacent to the Bowmanville Creek valley. Low Density Policies 4.15 The predominant use of lands within the Low-Density Residential designation shall be a mix of housing types and tenures in low-rise building forms. The following building types are permitted: a. Detached dwellings; b. Semi-detached dwellings; c. Street townhouses; and d. Accessory apartments, as per Policies 7.2.21 and 7.2.22 of this Plan. Municipality of Clarington Page 8 Report PDS-004-25 4.16 Detached and semi-detached dwelling units shall account for a minimum 80 percent of the total number of units in the Low-Density Residential designation, with units in other building types accounting for the remaining 20 percent. Generally, this ratio should be applied for each plan of subdivision to encourage an even distribution of townhouse units. Proposal currently has approximately 60% of the units as detached or semi- detached in the low-density designation. 4.17 Townhouses should generally be located in proximity to open spaces and neighbourhood commercial uses to allow for easy access to amenity spaces and services. Proposal is generally consistent with this policy. 4.18 Private streets and private lanes are not permitted within the Low-Density Residential Designation. 4.19 Residential development shall contribute to the overall appearance of the streetscape. Garage doors shall not dominate the view of the streetscape. Front and exterior side yard porches shall be encouraged. Medium Density Local Corridor Policies 4.20 The Medium Density Local Corridor designation allows for a concentration of density and mix of uses. The predominant use of lands within the Medium Density Local Corridor designation is housing in mid-rise building forms combined with cultural, entertainment, recreational, offices, restaurants, retail, and/or service commercial uses within mixed-use buildings. The following building types are permitted: a) Street townhouses; b) Block townhouses; c) Stacked townhouses; d) Back-to-back townhouses; e) Apartment buildings; f) Mixed-use buildings; and g) Accessory apartments, as per Policies 7.2.21 and 7.2.22 of this Plan 4.21 The height of any building shall be a minimum of 3 storeys and a maximum of 6 storeys. Development on lands designated Medium Density Local Corridor shall have a Municipality of Clarington Page 9 Report PDS-004-25 minimum net density of 40 units per net hectare. The proposal shows about 50-77 units per net hectare. Medium Density Residential 4.22 The Medium Density Residential designation is shown along the southerly portion of the site and once the alignment of Longworth Avenue has been finalized, will include the lands to the south of the subject site. 4.23 The Secondary Plan also requires every development application to include a policy implementation monitoring report as part of a complete application. The monitoring report assesses the individual application in conjunction with the entire Secondary Plan in terms of density, estimated population, number of units, and amount of non- residential space and number of jobs. 5. Zoning By-law 84-63 5.1 Zoning By-law 84-63 zones the subject lands as “Agriculture (A)”. A Zoning By-law Amendment is required to permit the proposed development which consists of sin gle detached, Semis and townhouses. 5.2 The proposed rezoning would change the zoning on the subject lands from an Agricultural (A) Zone to an Urban Residential Type Two (R2) Zone for the single detached and semi-detached dwellings and an Urban Residential Type Three (R3) Zone for the stacked townhouse and street townhouse units. Each zone is proposed to have site-specific performance standards. The rezoning also proposes to refine the Environmental Protection Zone on the east side of the lot to define the limits of the environmental features and the associated minimum vegetation protection zone. A draft zoning by-law is included in Attachment 1. 5.3 Finalization of appropriate zone categories will be determined after all public and agency comments have been received and will be brought forward at a future date with the recommendation report. A Hold symbol will be implemented as part of the rezoning to ensure the conditions of the draft plan of subdivision have been fulfilled. 6. Summary of Background Studies 6.1 The applicant has submitted several supporting documents which have been circulated to departments and agencies for review and comment. The list of studies and drawings are on the development application webpage www.clarington.net/2547BowmanvilleAve and are also available upon request. A summary of the submitted reports and studies will be provided in a future recommendation report. Municipality of Clarington Page 10 Report PDS-004-25 7. Public Notice and Submissions Public Notice was delivered via express courier to all residents within 120 metres of the subject lands on December 20, 2024. A public meeting sign was installed on the subject lands fronting Bowmanville Avenue and Longworth Avenue . Details of the proposed application were also posted on the Municipality’s website and in the Clarington Connected e-newsletter. It was also posted on social media on December 23, 2024. A dedicated webpage was also created for the proposed development. 7.1 As of writing this report, staff have received three comments from the public regarding general interest from nearby residents. Comments received from the public, including those received during the Statutory Public Meeting, will be considered and included in a forthcoming recommendation report. 8. Departmental and Agency Comments 8.1 The applications were circulated to internal departments and external agencies for review and comments. A list and summary of the agency and internal department comments received, as well as all public comments received, will be included in a subsequent recommendation report. 9. Discussion 9.1 The site is located within the Bowmanville Urban Area and is considered Greenfield development. It is located along the Bowmanville Avenue. Local Corridor. Environmental features are present on the east and north sid e of the property which are associated with the Bowmanville Creek and valleylands. The applicant has proposed a total of 187 units consisting of 18 singles, 18 semis, 11 street related townhouses, and two medium density blocks. It also shows part lots, a park and a stormwater management facility. 9.2 The subject lands are also within the Brookhill Secondary Plan Area. The proposal provides for a denser urban form along the Local Corridor and transitions to lower, ground related units towards the valley. Further discussion on the appropriateness of the land uses proposed and the built form, such as heights, densities and general site layout will be addressed through a subsequent recommendation report. Pedestrian Connections and Park 9.3 The proposal shows a mid block connection (Street ‘C’) which will provide sight lines and pedestrian connections to the park from Bowmanville Avenue. The proposal also shows a north-south pedestrian trail adjacent to the open space lands, which is consistent with the Secondary Plan. Further information will need to be provided on how the trail will connect with the existing trail head to the south of Longworth Avenue. Municipality of Clarington Page 11 Report PDS-004-25 Further review and comments on the pedestrian connectivity will be dealt with through the planning application review process. 9.4 A park is proposed within the subject site to the north of the stormwater management facility and adjacent to the open space lands. The pedestrian trail is located on the east side of the park. The size and configuration of the park will need to be reviewed and assessed further through the review of the application. Proposed Zoning By-law Amendment 9.5 The plan indicates the proposed townhouses will have 6 metre frontages. Council has indicated in the past, that townhouses must be a minimum of 7 metres. There have been some exceptions for dual frontage townhouses but the 7 metre frontages are to provide for more on-street parking spaces and greater landscaped open space in the front yards. 9.6 For the single detached dwellings, 9 metre frontages are proposed. The applicant must demonstrate that the lots can accommodate two outdoor parking spaces (as per zoning by-law) plus have enough room to meet the minimum landscape areas. Applicant must also demonstrate that on-street parking is feasible. 9.7 A rezoning is required to rezone to an appropriate zone that would permit the proposed Plan of Subdivision. Based on the current provisions for detached dwelling units and townhouses in the “R2” and “R3” zones, the implementing zoning by-law for this site would require additional site-specific exception zones to reduce the lot frontages. The lands to the east will also need to be rezoned to an Environmental Protection Zone which reflects and ensures the protection of the natural heritage features and the minimum vegetation protection area. Further Considerations 9.8 In recent years, the Province of Ontario has updated the applicable Planning Legislation to support the establishment of Additional Dwelling Units (ADUs) or Additional Residential Units (ARUs) to increase housing supply. For this reason, the inclusion of accessory/additional dwelling units within the proposed single detached units or townhouses, where possible is encouraged. 9.9 Staff will continue to review the submitted Plan of Subdivision and rezoning applications and work with the applicant to address all technical matters. Agency and public comments will be addressed in a subsequent recommendation report to Committee and Council. Municipality of Clarington Page 12 Report PDS-004-25 10. Financial Considerations 10.1 Not Applicable, as this is a public meeting report to gather public input and the analysis of the proposal, and the reports are being reviewed by the different agencies. Financial considerations that may arise will be discussed in a subsequent recommendati on report. 11. Strategic Plan 11.1 The proposed development will be reviewed against the three pillars of the Clarington Strategic Plan 2024-27. Staff will give special attention to the priorities of growing resilient, sustainable and complete communities and conne cting 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. Climate Change 12.1 As this is a public meeting report to gather public input and the analysis of the proposal and the reports are being reviewed by the different agencies, a fulsome analysis of the proposal, including the impacts on climate change will be discussed in a subsequent recommendation report. 13. Concurrence 13.1 Not Applicable. 14. Conclusion 14.1 The purpose of this report is to provide background information and obtain comments on the rezoning proposal for 187 residential units in a draft plan of subdivision at the Statutory Public Meeting under the Planning Act. Staff will continue to review and process the application, including consideration of department, agency and public feedback and will prepare a subsequent recommendation report for Council’s consideration. Comments received at this public meeting will be considered and included in the final recommendation report. Staff Contact: Nicole Zambri, Senior Planner, (905) 623-3379 x 2422 or nzambri@clarington.net or Amanda Tapp, Manager, Development Review, (905) 623 -3379 x 2427 or atapp@clarington.net. Attachments: Attachment 1 – Draft Zoning By-law Amendment Attachment 2 – Draft Plan of Subdivision Municipality of Clarington Page 13 Report PDS-004-25 Interested Parties: List of Interested Parties available from Department. If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 202X-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 84-63 ___________; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 14.6. “Special Exceptions – Urban Residential Type Three (R3) Zone” is amended by introducing a new Subsection 14.6.XX as follows: “Section 14.6.XX “Special Exceptions – Urban Residential Type Three (R3- XX) Zone” Notwithstanding Section 3.16 e (vi) and (vii), Sections 12.1 a., b., 12.2 a., b., c., d. i), ii), iii), f., h. and Sections 14.1 a., b., 14.3 a., b., c. ii), iii), iv) e., f., g., those lands zoned R3-XX on the Schedules to this By-law shall be subject to the following regulations: a. Permitted Uses i) Single Detached Dwelling ii) Semi-Detached Dwelling iii) Street Townhouse Dwelling b. Regulations for single detached and semi-detached dwellings i) Lot Area (Minimum) a) Single detached Dwelling 245 square metres b) Semi-detached Dwelling 450 square metres ii) Lot Frontage (Minimum) a) Single Detached Dwelling i) Interior Lot 9.0 metres ii) Exterior Lot 12.0 metres b) Semi-detached Dwelling i) Interior Lot 15.0 metres ii) Exterior Lot 18.0 metres iii) Yard Requirements (Minimum) a) Front Yard i) Single detached Dwelling 6.0 metres to private garage or carport 4.0 metres to dwelling 2.0 metres to porch ii) Semi-detached Dwelling 6.0 metres to private garage or carport 4.0 metres to dwelling 3.0 metres to porch b) Exterior Side Yard i) Single detached Dwelling 3.0 metres ii) Semi-detached Dwelling 3.0 metres c) Interior Side Yard i) Single detached Dwelling 1.2 metres on one side, and 0.6 metres on the other side ii) Semi-detached Dwelling 1.2 metres, nil where building has a common wall iv) Lot Coverage (Maximum) a) Single detached Dwelling i) Dwelling 50 percent ii) Total all buildings and structures 55 percent b) Semi-detached Dwelling i) Dwelling 50 percent ii) Total all buildings and structures 55 percent v) Building Height (Maximum) 12.0 metres vi) Parking Space Requirements (Minimum) a) Single detached Dwelling 2 parking spaces per dwelling b) Semi-detached Dwelling 2 parking spaces per dwelling vii) Height of floor deck of unenclosed porch above finished grade (maximum) 1.5 metres viii) A covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage; b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. ix) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection. x) The minimum setback to a sight triangle shall be 1.0 metre. In addition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building, either above or below grade, may project into any required yard to a distance no closer than 0.5 metres to a sight triangle. xi) Steps may project into the required front or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be below 1.0 metre. c. Regulations for street townhouse dwellings: i) Lot Area (Minimum) 150 square metres ii) Lot Frontage (Minimum) a) Interior Lot 6.0 metres b) Exterior Lot 9.0 metres iii) Yard Requirements (Minimum) a) Interior Side Yard 1.2 metres, nil where building has a common wall b) Exterior Side Yard 3.0 metres c) Rear Yard 6.0 metres iv) Lot Coverage (Maximum) 55 percent for the dwelling 60 percent for all buildings and structures v) Landscape Open Space (Minimum) a) Lot 25 percent b) Front Yard 50 percent must be soft landscaping vi) Building Height (Maximum) 12.0 metres vii) A maximum driveway width of 3 metres shall be permitted. viii) Height of floor deck of unenclosed porch above finished grade (maximum) 1.5 metres ix) A covered and unenclosed porch/balcony having no habitable floor space above it shall be permitted subject to the following; a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 10.0 square metres shall be permitted, provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 square metres shall be permitted, provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. x) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection. xi) The minimum setback to a sight triangle shall be 1.0m metre. In addition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building; either above or below grade; may project into any required yard to a distance no closer than 0.5 meters to a sight triangle. xii) Steps may project into the required front or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be below 1.0 metre. 2. Section 16A.7 “Site Specific Exceptions” is amended by adding the following new Special Exception Zone and renumbering the remaining sections: 16A.7.XX Residential Mixed Use Exception (MU2-XX) Zone Exception 16A.7.6: For the purposes of the Zoning By -law, the entire lands zoned MU2-XX shall be considered as one lot for zoning purposes. Notwithstanding Section 2, Sections 16A.1, 16A.2, 16A.3, 16A.4, 16A.5, and 16A.7, the lands zoned MU2-XX on the Schedules to this By-law shall be subject to the following: a. For the purpose of Exception Section 16A.7.XX, the term “Storey” means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it but excludes portions that provide access to roof terraces. b. Permitted Uses i) Apartment Buildings ii) Mixed-Use Buildings iii) Street Townhouse Dwellings iv) Linked Townhouse Dwelling v) Stacked Townhouse Dwelling vi) Back-to-back Townhouse Dwelling (as defined by Linked Townhouse Dwellings) vii) Accessory Building viii) Cultural, entertainment, recreational, offices, restaurants, retail, and service commercial uses shall only be permitted on the ground floor of a mixed use building. c. Regulations for MU2-XX: i) Number of Storeys 3 Storeys (minimum) 6 Storeys (maximum) ii) Building Height 3 Storeys (minimum) 6 Storeys (maximum) iii) Setbacks (to public street) 3.0 metres (minimum) 6.0 metres (maximum) iv) Setbacks (to any other lot line) 3.0 metres (minimum) v) Underground Parking Structure Setbacks (Minimum) 0.0 metres to any lot line vi) Underground Parking Structure projecting above grade but below finished ground floor elevation Setbacks (Minimum) 0.5 metres to any lot line vii) Unit width for Linked Townhouse Dwellings (Minimum) 5.0 metres viii) Special Yard Regulations - Notwithstanding any other provision of By-law 84-63 to the contrary, on lands zoned MU2-4 Zone the following shall apply: a) A maximum driveway width of 3 metres shall be permitted. b) The minimum setback to a sight triangle shall be 1.0 metre. In addition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building; either above or below grade; may project into any required yard to a distance no closer than 0.5 metres to a sight triangle. c) Steps, landing and porches may project into the required front or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be below 1.0 metre. 3. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Agricultural (A) Zone" to “Holding – Urban Residential Exception ((H)(R3-XX)” “Agricultural (A) Zone" to “Holding – Residential Mixed Use Exception ((H) MU2-XX) Zone” “Agricultural (A) Zone" to “Environmental Protection (EP) Zone” 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 and Section 36 of the Planning Act. Passed in Open Council this _____ day of ____________, 20___ __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk This is Schedule “A” to By-law 202X-XXX, passed this day of , 202X A.D. Bowmanville ● ZBA 2022-0023 and S-C-2022-0014 ● Schedule 3 EXISTINGLONGWORTH AVENUE23.00STREET ASTREET ASTREET B2726101112131415202122232425REALIGNED LONGWORTH AVENUE15 x 1 0 15 x 1020.0023.001617181910 x 510 x 5℄r=15m℄r=15mFuture ResidentialFuture ResidentialBOWMANVILLE CENTRELINEOF PAVEMENT20.00BLOCK 34StormwaterManagement Block0.72 haBLOCK 31Medium Density Local Corridor36 Units0.72 haBLOCK 38Road Widening0.15 haBLOCK 36Open Space0.14 haBLOCK 35Park0.50 haBLOCK 37Open Space0.48 ha10 x 5123456789BLOCK 28Townhouses6 UnitsBLOCK 29Townhouses5 UnitsBLOCK 32Part-lot0.09 ha℄r=110m℄r=110m5 x 518.00BLOCK 30Medium DensityLocal Corridor104 Units1.35 ha℄r=106.5mSTREET C32.0019.2012.159.1532.0018.3015.3031.7531.7520.17BLOCK 39LongworthRealignmentRight of Way0.04 ha20.0023.0018.0018.00R18.25R18.2510 x 55 x 5 Limit ofDevelopmentDrip Line(September 22, 2021Staked with CLOCA)Drip Line(September 22, 2021Staked with CLOCA)Lands to beAcquiredVegetativeProtection ZoneVegetativeProtection ZoneVegetativeProtection ZoneVegetativeProtection ZoneBOWMANVILLE AVENUE10.0010.0018.3020.00BLOCK 33Part-lot0.01 ha18.0018.0037.9735.6133.6032.3331.7831.7531.7531.7531.7531.759.159.159.159.159.159.159.159.159.159.1532.0032.0032.0032.0032.0032.0032.0032.009.159.159.159.159.159.159.1515.3015.3015.3015.3032.0032.0032.0032.0032.0043.2326.7238.2333.0033.0028.797.5084.1554.7810.588.9818.3989.8021.1330.111.975.9053.4755.0688.7353.4342.9619. 2 6 Trail SystemTrail System29.7623.9667.98112.1819.1815.5553.4215.007.4827.703.050.9 8 101.289.8330.1126.6717.5131.7932.591 5 . 0 0 NOTE:TITLE:LEGAL DESCRIPTION:KEY PLAN:DRAWING No.:SCALE:DATE:PROJECT No.:CHECKED BY:DRAFTED BY:No.DescriptionDateInt.123REVISIONSSeptember 22, 2022I HEREBY AUTHORIZE THE BIGLIERI GROUP LTD. TO PREPARE AND SUBMIT THIS DRAFT PLAN OF SUBDIVISION TO THEI HEREBY CERTIFY THAT THE BOUNDARIES OF THE LANDS TO BE SUBDIVIDED AS SHOWN ON THIS PLAN AND THEIR RELATIONSHIPTO THE ADJACENT LANDS ARE ACCURATE AND CORRECTLY SHOWN IN ACCORDANCE WITH A PLAN OF SURVEY PREPARED BYSURVEYOR'S CERTIFICATE:OWNER'S CERTIFICATE:DATEDATE2547 BOWMANVILLEAVENUETRIBUTE TERCOTBROOKHILL 1 Inc.21744ECMPDP-01DRAFT PLANOF SUBDIVISIONAS REQUIRED UNDER SECTION 51(17) OF THE PLANNINGACT R.S.O. 1990.REQUIRED INFORMATION:SURVEYORDAN DZALDOVAPPROVAL STAMP:MUNICIPALITY OF CLARINGTON(a) SEE PLAN(b) SEE PLAN(c) SEE KEY MAP(d) SEE SCHEDULE OF LAND USE(e) SEE PLAN(f) SEE PLAN(f.1) N/A(g) SEE PLAN(h) MUNICIPAL SERVICES AVAILABLE(i) N/A(j) SEE PLAN(k) MUNICIPAL SERVICES AVAILABLE(l) SEE PLANCONCESSION ROAD 3LONGWORTH AVENUE BOWMANVILLE AVENUE GREEN ROAD KING STREET WESTSCUGOG STREET LIBERTY STREET NORTHDRAFT PLAN OF SUBDIVISIONPART OF LOT 14CONCESSION 2GEOGRAPHIC TOWNSHIP OF DARLINGTONREGIONAL MUNICIPALITY OF DURHAMSCHAEFFER DZALDOV BENNETT LTD.2472 Kingston Rd, Toronto126 Catharine Street North, Hamilton(416) 693-9155thebiglierigroup.comSubmission for Pre-Consultation22/09/20 EC1:750TRIBUTE TERCOT BROOKHILL 1 INC. If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 202X-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 84-63 ___________; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 14.6. “Special Exceptions – Urban Residential Type Three (R3) Zone” is amended by introducing a new Subsection 14.6.XX as follows: “Section 14.6.XX “Special Exceptions – Urban Residential Type Three (R3- XX) Zone” Notwithstanding Section 3.16 e (vi) and (vii), Sections 12.1 a., b., 12.2 a., b., c., d. i), ii), iii), f., h. and Sections 14.1 a., b., 14.3 a., b., c. ii), iii), iv) e., f., g., those lands zoned R3-XX on the Schedules to this By-law shall be subject to the following regulations: a. Permitted Uses i) Single Detached Dwelling ii) Semi-Detached Dwelling iii) Street Townhouse Dwelling b. Regulations for single detached and semi-detached dwellings i) Lot Area (Minimum) a) Single detached Dwelling 245 square metres b) Semi-detached Dwelling 450 square metres ii) Lot Frontage (Minimum) a) Single Detached Dwelling i) Interior Lot 9.0 metres ii) Exterior Lot 12.0 metres b) Semi-detached Dwelling i) Interior Lot 15.0 metres ii) Exterior Lot 18.0 metres iii) Yard Requirements (Minimum) a) Front Yard i) Single detached Dwelling 6.0 metres to private garage or carport 4.0 metres to dwelling 2.0 metres to porch ii) Semi-detached Dwelling 6.0 metres to private garage or carport 4.0 metres to dwelling 3.0 metres to porch b) Exterior Side Yard i) Single detached Dwelling 3.0 metres ii) Semi-detached Dwelling 3.0 metres c) Interior Side Yard i) Single detached Dwelling 1.2 metres on one side, and 0.6 metres on the other side ii) Semi-detached Dwelling 1.2 metres, nil where building has a common wall iv) Lot Coverage (Maximum) a) Single detached Dwelling i) Dwelling 50 percent ii) Total all buildings and structures 55 percent b) Semi-detached Dwelling i) Dwelling 50 percent ii) Total all buildings and structures 55 percent v) Building Height (Maximum) 12.0 metres vi) Parking Space Requirements (Minimum) a) Single detached Dwelling 2 parking spaces per dwelling b) Semi-detached Dwelling 2 parking spaces per dwelling vii) Height of floor deck of unenclosed porch above finished grade (maximum) 1.5 metres viii) A covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage; b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. ix) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection. x) The minimum setback to a sight triangle shall be 1.0 metre. In addition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building, either above or below grade, may project into any required yard to a distance no closer than 0.5 metres to a sight triangle. xi) Steps may project into the required front or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be below 1.0 metre. c. Regulations for street townhouse dwellings: i) Lot Area (Minimum) 150 square metres ii) Lot Frontage (Minimum) a) Interior Lot 6.0 metres b) Exterior Lot 9.0 metres iii) Yard Requirements (Minimum) a) Interior Side Yard 1.2 metres, nil where building has a common wall b) Exterior Side Yard 3.0 metres c) Rear Yard 6.0 metres iv) Lot Coverage (Maximum) 55 percent for the dwelling 60 percent for all buildings and structures v) Landscape Open Space (Minimum) a) Lot 25 percent b) Front Yard 50 percent must be soft landscaping vi) Building Height (Maximum) 12.0 metres vii) A maximum driveway width of 3 metres shall be permitted. viii) Height of floor deck of unenclosed porch above finished grade (maximum) 1.5 metres ix) A covered and unenclosed porch/balcony having no habitable floor space above it shall be permitted subject to the following; a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 10.0 square metres shall be permitted, provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 square metres shall be permitted, provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. x) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection. xi) The minimum setback to a sight triangle shall be 1.0m metre. In addition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building; either above or below grade; may project into any required yard to a distance no closer than 0.5 meters to a sight triangle. xii) Steps may project into the required front or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be below 1.0 metre. 2. Section 16A.7 “Site Specific Exceptions” is amended by adding the following new Special Exception Zone and renumbering the remaining sections: 16A.7.XX Residential Mixed Use Exception (MU2-XX) Zone Exception 16A.7.6: For the purposes of the Zoning By -law, the entire lands zoned MU2-XX shall be considered as one lot for zoning purposes. Notwithstanding Section 2, Sections 16A.1, 16A.2, 16A.3, 16A.4, 16A.5, and 16A.7, the lands zoned MU2-XX on the Schedules to this By-law shall be subject to the following: a. For the purpose of Exception Section 16A.7.XX, the term “Storey” means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it but excludes portions that provide access to roof terraces. b. Permitted Uses i) Apartment Buildings ii) Mixed-Use Buildings iii) Street Townhouse Dwellings iv) Linked Townhouse Dwelling v) Stacked Townhouse Dwelling vi) Back-to-back Townhouse Dwelling (as defined by Linked Townhouse Dwellings) vii) Accessory Building viii) Cultural, entertainment, recreational, offices, restaurants, retail, and service commercial uses shall only be permitted on the ground floor of a mixed use building. c. Regulations for MU2-XX: i) Number of Storeys 3 Storeys (minimum) 6 Storeys (maximum) ii) Building Height 3 Storeys (minimum) 6 Storeys (maximum) iii) Setbacks (to public street) 3.0 metres (minimum) 6.0 metres (maximum) iv) Setbacks (to any other lot line) 3.0 metres (minimum) v) Underground Parking Structure Setbacks (Minimum) 0.0 metres to any lot line vi) Underground Parking Structure projecting above grade but below finished ground floor elevation Setbacks (Minimum) 0.5 metres to any lot line vii) Unit width for Linked Townhouse Dwellings (Minimum) 5.0 metres viii) Special Yard Regulations - Notwithstanding any other provision of By-law 84-63 to the contrary, on lands zoned MU2-4 Zone the following shall apply: a) A maximum driveway width of 3 metres shall be permitted. b) The minimum setback to a sight triangle shall be 1.0 metre. In addition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building; either above or below grade; may project into any required yard to a distance no closer than 0.5 metres to a sight triangle. c) Steps, landing and porches may project into the required front or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be below 1.0 metre. 3. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Agricultural (A) Zone" to “Holding – Urban Residential Exception ((H)(R3-XX)” “Agricultural (A) Zone" to “Holding – Residential Mixed Use Exception ((H) MU2-XX) Zone” “Agricultural (A) Zone" to “Environmental Protection (EP) Zone” 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 and Section 36 of the Planning Act. Passed in Open Council this _____ day of ____________, 20___ __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk This is Schedule “A” to By-law 202X-XXX, passed this day of , 202X A.D. Bowmanville ● ZBA 2022-0023 and S-C-2022-0014 ● Schedule 3 EXISTINGLONGWORTH AVENUE23.00STREET ASTREET ASTREET B2726101112131415202122232425REALIGNED LONGWORTH AVENUE15 x 1 0 15 x 1020.0023.001617181910 x 510 x 5℄r=15m℄r=15mFuture ResidentialFuture ResidentialBOWMANVILLE CENTRELINEOF PAVEMENT20.00BLOCK 34StormwaterManagement Block0.72 haBLOCK 31Medium Density Local Corridor36 Units0.72 haBLOCK 38Road Widening0.15 haBLOCK 36Open Space0.14 haBLOCK 35Park0.50 haBLOCK 37Open Space0.48 ha10 x 5123456789BLOCK 28Townhouses6 UnitsBLOCK 29Townhouses5 UnitsBLOCK 32Part-lot0.09 ha℄r=110m℄r=110m5 x 518.00BLOCK 30Medium DensityLocal Corridor104 Units1.35 ha℄r=106.5mSTREET C32.0019.2012.159.1532.0018.3015.3031.7531.7520.17BLOCK 39LongworthRealignmentRight of Way0.04 ha20.0023.0018.0018.00R18.25R18.2510 x 55 x 5 Limit ofDevelopmentDrip Line(September 22, 2021Staked with CLOCA)Drip Line(September 22, 2021Staked with CLOCA)Lands to beAcquiredVegetativeProtection ZoneVegetativeProtection ZoneVegetativeProtection ZoneVegetativeProtection ZoneBOWMANVILLE AVENUE10.0010.0018.3020.00BLOCK 33Part-lot0.01 ha18.0018.0037.9735.6133.6032.3331.7831.7531.7531.7531.7531.759.159.159.159.159.159.159.159.159.159.1532.0032.0032.0032.0032.0032.0032.0032.009.159.159.159.159.159.159.1515.3015.3015.3015.3032.0032.0032.0032.0032.0043.2326.7238.2333.0033.0028.797.5084.1554.7810.588.9818.3989.8021.1330.111.975.9053.4755.0688.7353.4342.9619. 2 6 Trail SystemTrail System29.7623.9667.98112.1819.1815.5553.4215.007.4827.703.050.9 8 101.289.8330.1126.6717.5131.7932.591 5 . 0 0 NOTE:TITLE:LEGAL DESCRIPTION:KEY PLAN:DRAWING No.:SCALE:DATE:PROJECT No.:CHECKED BY:DRAFTED BY:No.DescriptionDateInt.123REVISIONSSeptember 22, 2022I HEREBY AUTHORIZE THE BIGLIERI GROUP LTD. TO PREPARE AND SUBMIT THIS DRAFT PLAN OF SUBDIVISION TO THEI HEREBY CERTIFY THAT THE BOUNDARIES OF THE LANDS TO BE SUBDIVIDED AS SHOWN ON THIS PLAN AND THEIR RELATIONSHIPTO THE ADJACENT LANDS ARE ACCURATE AND CORRECTLY SHOWN IN ACCORDANCE WITH A PLAN OF SURVEY PREPARED BYSURVEYOR'S CERTIFICATE:OWNER'S CERTIFICATE:DATEDATE2547 BOWMANVILLEAVENUETRIBUTE TERCOTBROOKHILL 1 Inc.21744ECMPDP-01DRAFT PLANOF SUBDIVISIONAS REQUIRED UNDER SECTION 51(17) OF THE PLANNINGACT R.S.O. 1990.REQUIRED INFORMATION:SURVEYORDAN DZALDOVAPPROVAL STAMP:MUNICIPALITY OF CLARINGTON(a) SEE PLAN(b) SEE PLAN(c) SEE KEY MAP(d) SEE SCHEDULE OF LAND USE(e) SEE PLAN(f) SEE PLAN(f.1) N/A(g) SEE PLAN(h) MUNICIPAL SERVICES AVAILABLE(i) N/A(j) SEE PLAN(k) MUNICIPAL SERVICES AVAILABLE(l) SEE PLANCONCESSION ROAD 3LONGWORTH AVENUE BOWMANVILLE AVENUE GREEN ROAD KING STREET WESTSCUGOG STREET LIBERTY STREET NORTHDRAFT PLAN OF SUBDIVISIONPART OF LOT 14CONCESSION 2GEOGRAPHIC TOWNSHIP OF DARLINGTONREGIONAL MUNICIPALITY OF DURHAMSCHAEFFER DZALDOV BENNETT LTD.2472 Kingston Rd, Toronto126 Catharine Street North, Hamilton(416) 693-9155thebiglierigroup.comSubmission for Pre-Consultation22/09/20 EC1:750TRIBUTE TERCOT BROOKHILL 1 INC.