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HomeMy WebLinkAboutPDS-005-25Staff 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 10, 2025 Report Number: PDS-005-25 Authored By: Amanda Tapp, Manager of Development Review Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Reviewed By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology By-law Number: File Numbers: Report Subject: Resolution Number: COPA2023-0005 and ZBA2023-0017 Recommendation on applications by GHD Ltd. for a Clarington Official Plan Amendment and Zoning By-law Amendment to permit a total of 464 residential units in the Bowmanville Major Transit Station Area. Recommendations: 1.That Report PDS-005-25 and any related delegations or communication items, be received; 2.That the Official Plan application submitted by GHD Ltd. be approved and the Official Plan Amendment in Attachment 1 to Report PDS-005-25 be approved; 3.That the Zoning By-law Amendment application submitted by GHD Ltd. be approved and that the Zoning By-law Amendment in Attachment 2 to Report PDS-005-25 be approved; 4.That once all conditions contained in the Clarington Official Plan and Zoning By-law 84-63 with respect to the removal of the (H) Holding Symbol and the conditions as outlined in Section 6 of this report are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved by the Deputy CAO of Planning and Infrastructure Services; 5.That the Region of Community Growth and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS- 005-25 and Council’s decision; and 6.That all interested parties listed in Report PDS-005-25 and any delegations be advised of Council’s decision. Municipality of Clarington Report PDS-005-25 Page 2 Report Overview This report recommends approval of the Clarington Official Plan and Zoning By-law amendments to permit a total of 464 residential units, including 448 apartment dwelling units and 16 townhouse dwelling units in the Protected Major Transit Station Area (PMTSA) in Bowmanville. The proposal includes two apartment buildings, one 10 -storeys in height and one 14-storeys in height and two blocks of townhouses that are 4 -storeys in height. The net site is approximately 1.34 hectares, producing a housing density of approximately 346 units per hectare. The site plan and tenure details will be addressed through future Site Plan and Plan of Condominium applications. 1. Application Details 1.1 Owner: Your Home Developments (Bowmanville) Inc. 1.2 Agent: GHD Ltd. 1.3 Proposal: Clarington Official Plan Amendment To increase the maximum permitted building height from six storeys to fourteen storeys for an apartment building(s) within a local corridor. Zoning By-law Amendment To rezone the subject lands from “Urban Residential Type One (R1) Zone” to a “Holding - Urban Residential Type Four (R4) Zone” with exceptions in Zoning By-law 84-63. 1.4 Area: 1.39 hectares 1.5 Location: 1525 – 1585 Bowmanville Avenue, Bowmanville (Figure 1) 1.6 Roll Numbers: 18-17-020-040-07200, 18-17-020-040-07100, 18-17-020-040-07000 and 18-17-020-040-06900 Municipality of Clarington Report PDS-005-25 Page 3 2. Background 2.1 On December 19, 2023, GHD Ltd. submitted applications on behalf of Your Home Developments (Bowmanville) Inc. to amend the Clarington Official Plan and Zoning By- law 84-63 to facilitate the proposed development. The proposal consists of a 10-storey apartment building, a 14-storey apartment building, and 2 blocks for townhouse units, for a total of 464 residential units. The proposal also includes indoor and outdoor common amenity space as well as enclosed at-grade and below-grade parking. Figure 1: Proposed Site Layout 2.2 The first Statutory Public Meeting was held on February 12, 2024 (PDS-005-24). Following notice of the first public meeting, staff heard concerns related to increased density, traffic and shadow impacts on adjacent properties. 2.3 A formal re-submission in response to comments received was provided to Clarington staff on May 10, 2024. After reviewing this re-submission, Clarington planning staff provided additional comments specific to the proposed building heights and shadowing effects on neighbouring residential properties. These comments were specific to the residential lots on Trewin Lane to the north-east of the subject lands. Municipality of Clarington Report PDS-005-25 Page 4 2.4 Additional shadowing diagrams were submitted to Clarington Planning Staff on June 7, 2024, and a follow-up meeting was held on June 26, 2024. The shadowing diagrams were updated and re-submitted to Clarington staff on July 5, 2024, based on modified heights of the apartment buildings to decrease the amount of shadows cast onto the rear yard area of the residential lots on Trewin Lane. These plans formally illustrated a maximum building height of 10 storeys for building B and 14 storeys for Building A. The overall number of apartment units increased from 430 to 44 8 while the number of townhouse dwellings did not change. 2.5 Due to an increase in proposed storeys and units from what was presented at the February 12, 2024 public meeting, staff deemed it appropriate to hold a second public meeting, which was held on October 21, 2024 (PDS-046-24). At this second public meeting, staff heard concerns related to increased density, removal of vegetation and shadow impacts. 2.6 The applicant submitted the following supporting documents, which were circulated to departments and agencies for review. They are available upon request and are summarized in Section 8 of this report.  Architectural Drawing Set and Sun Shadow Diagrams  Planning Rationale Report, Urban Design Brief and Environmental Sustainability Plan  Landscape Analysis  Urban Design Brief  Transportation Impact Study  Functional Servicing and Stormwater Management Report  Tree Inventory and Tree Preservation Plan  Conceptual Landscape Plan  Hydrogeological Investigation  Environmental Impact Study and  Stage 1 and 2 Archaeological Assessment 3. Land Characteristics and Surrounding Context 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 structu res and buildings. The lands have an area of 1.39 hectares (3.4 acres). The eastern perimeter of the Subject Lands is heavily treed, and the subject lands feature a significant slope towards Rhonda Park. Municipality of Clarington Report PDS-005-25 Page 5 3.2 The surrounding land 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 apartment building; and, West: Bowmanville Avenue and commercial plaza beyond featuring a vari ety of convenience commercial and service uses. 4. Provincial Policy Provincial Planning Statement (PPS) 4.1 The Provincial Planning Statement (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 objectives 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 and promotes compact development forms. 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 PPS requires Planning Authorities to identify appropriate locations and promote opportunities for intensification and redevelopment. It also requires Planning Authorities to identify the availability of suitable existing or planned infrastructure and public service facilities required to accommodate these projected needs. 4.4 Settlement Areas shall encourage opportunities for infill where it can be accommodated. New development is to use existing infrastructure and public services appropriately, having regard for the site’s surroundings. 4.5 The proposed development is a form of infill and intensification development that would utilize existing and planned infrastructure and would be appropriate for this context. 4.6 The proposal is consistent with the Provincial Planning Statement. Municipality of Clarington Report PDS-005-25 Page 6 5. Official Plans Durham Region Official Plan (2024) 5.1 The 2024 Durham Region Official Plan designates the subject lands as a Protected Major Transit Station Area (PMTSA). PMTSAs are communities centered around higher order transit services. Developments within PMTSAs serve as focal points for high- density, mixed-use destinations characterized by a walkable, transit-oriented, pedestrian friendly public realm, with strong and active transportation connections within convenient walking distance of existing and planned rapid transit stations. Permitted uses include, but are not limited to, medium and higher density residential. A density of 150 people and jobs per hectare is a stated minimum for PMTSAs. The proposal achieves a density of approximately 346 units per hectare. The proposal would support and assist in achieving the PMTSA density policies. 5.2 The proposal will intensify and redevelop underutilized lands within an PMTSA and conforms to the Regional Official Plan. Clarington Official Plan (COP) 5.3 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. 5.4 Per Map ‘B’ of the COP, Bowmanville Avenue (Regional Road 57) is identified as a “Local 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. 5.5 The proposed height of the 10-storey and 14-storey apartment buildings are not in conformity with the 6-storey height restriction of the “Local Corridor” designation. Therefore, an Official Plan Amendment is required. The proposed Official Plan Amendment is included as Attachment 1. 5.6 Proposals for multi-unit residential must consider the appropriateness of the site, compatibility, provision of suitable access points, traffic and parking impacts and massing. The urban design and sustainability policies of the Official Plan must be implemented through the development. 5.7 The proposal to increase the maximum permitted building height within a Local Corridor meets the intent of the policies of the Clarington Official Plan. As informed by the supporting technical materials submitted, the proposed height balances the need for intensification in an PMTSA, while respecting the surrounding lower density-built forms. Municipality of Clarington Report PDS-005-25 Page 7 6. Zoning By-law 6.1 The lands are zoned “Urban Residential Type One” (R1) Zone, which permits single detached dwellings, semi-detached dwellings, duplexes, home occupations, and places of worship, subject to various specific regulations. The R1 Zone does not permit the proposed development. Therefore, a rezoning application has been submitted. 6.2 The recommended zoning by-law is included as Attachment 2. The Zoning By-law amendment application proposes to rezone the property to an Urban Residential Type Four Exception Zone to permit the proposed development. The Urban Residential Type Four Zone is generally applied to similar higher density residential development in Clarington. Holding Symbol 6.3 In addition to the regulations of Section 3.10 of Zoning By-law 84-63, the symbol ‘H’ following the zoning on the Zoning Schedule is identified, the ‘H’ shall not be removed until:  The Applicant provides satisfactory evidence on compliance with Clarington Official Plan policies, including Section 23.4.3.  The Applicant provides satisfactory evidence which addresses all concerns listed in this report and fulfills conditions of the future site plan with the Municipality of Clarington; and  Funding has been secured through the GO Transit Station Funding Act, 2023 or a third-party developer to deliver the GO Transit Station to the satisfaction of the Municipality of Clarington and the Region of Durham (see Sections 10.10 and 10.11 of this report). 7. Public Notice and Submissions 7.1 Public Meetings were held on February 12, 2024, and October 21, 2024. Details of the application were also posted on the Municipality of Clarington’s development application webpage, various Clarington social media channels, and in the Planning and Infrastructure Services monthly e-mail update. 7.2 Notification of both Public Meetings was mailed to property owners within 120 metres of the subject lands. Notification signage was also posted on the property. 7.3 Six written and/or verbal submissions were received, 1 delegate spoke at the February 12, 2024, Public Meeting. Nine written and/or verbal submissions were received, 3 delegates spoke at the October 21, 2024, Public Meeting. The following inquiries and questions were received from residents, as follows:  Opposition to the proposed height, removal of forested areas. Concern of lack of sunlight, traffic congestion, and water runoff;  Concern about rat infestations with the development at 1505 Bowmanville Avenue and the possibility of it becoming worse with this development; Municipality of Clarington Report PDS-005-25 Page 8  Concern about transit times, parking, overflow of schools, affordable housing; and who is responsible if the retaining wall shifts; and  Concern about the removal of mature trees, drainage, and changes to the environment. 7.4 These comments and concerns are further discussed in Section 10 of this report. 8. Summary of Background Studies Planning Rationale Report, GHD, February 2023, Revised October 2023 8.1 A Planning Rationale Report was prepared to support Official Plan Amendment and Zoning By-law Amendment applications to permit the proposed de velopment. The report provides an analysis of relevant Provincial, Regional and Municipal planning policies. 8.2 The report states that the proposed development represents an efficient and appropriate use on underutilized lands in the West Bowmanville Urban Centre and Protected Major Transit Station Area. The proposed development is consistent with the policy framework of the draft West Bowmanville Urban Centre and Protected Major Transit Station Area Secondary Plan which supports and encourages more intense residential development in the vicinity of a future GO Station. Urban Design Brief, GHD, October 2023 8.3 This brief concludes that in this location, the proposed scale and intensity of the development considers its context and appropriately responds to the urban design objectives of the Clarington Official Plan. Transportation Impact Study GHD, February 2023, Addendum October 2023 8.4 The site proposes a right-in/right-out access on Bowmanville Avenue and an internal roadway connecting to the existing signal intersection of Hartwell Avenue and Bowmanville Avenue via an access easement across the adjacent property. The development includes an appropriate amount of resident and visitor parking at a ratio of 1.0 / 0.2 parking spaces per dwelling unit. The study states that the proposed supply of onsite parking will be sufficient in the context of parking proxy surveys completed at similar developments in Durham Region. It is also noted that as a result of Bill 185, Cutting Red Tape to Build More Homes Act, municipalities can no longer require minimum parking standards within PMTSAs. 8.5 The study concludes that under the future traffic forecasts, the traffic generated by the proposed development along with non-site related traffic growth can be accommodated by the existing street system with optimized signal timings at the Bowmanville Avenu e /Aspen Springs Drive and planned future roadway network. 8.6 The Durham Region staff confirmed that Bowmanville Avenue (Regional Road 57) requires an ultimate 40 m right of way width. To implement this policy, the proposed development includes a 4.76 m road widening along the Bowmanville Avenue frontage of the subject lands. Municipality of Clarington Report PDS-005-25 Page 9 Functional Servicing and Stormwater Management Report, SCS Consulting, October 2023 8.7 This report investigated water supply, sanitary sewer, and storm drainage for the site. The report concludes that the existing 300 mm diameter watermain on the east side of Bowmanville Avenue can sufficiently accommodate the proposed development. The sanitary sewers from the proposed development will connect into the future sanitary sewer to be constructed by Durham Region along Bowmanville Avenue from the CP rail line to Hartwell Avenue. Storm drainage will be conveyed east to Rhonda Park/Rhonda Boulevard storm sewers and west to Bowmanville Avenue future storm sewers. 8.8 This report discusses various low impact development measures to achieve water balance and notes that lot grading will be subject to further analysis at the detailed design stage. Hydrogeological Investigation, DS Consultants, May 2024 8.9 A Hydrogeological Investigation was prepared to provide an overvie w of the existing geological and hydrogeological conditions of the site and surrounding area. The report also provides an assessment of the hydrogeological constraints, impacts of the proposed development on the local groundwater, and an estimation of construction dewatering and permanent drainage requirements during the development phase. 8.10 Groundwater quality generally meets the sanitary sewer discharge requirements except for an exceedance in total suspended solids. In accordance with the Region’s sewer u se by-laws, groundwater cannot be discharged to the Region’s sanitary and storm sewers without treatment. Environmental Impact Study, Palmer Environmental Consulting, January 2023 8.11 This study was completed in light of the identified Natural Heritage Feature on a portion of the site associated with the existing vegetated area. The study included a background review, ecological field survey, as well as wildlife and ‘species at risk’ screenings. 8.12 This study concludes that the vegetated area has a low ecologica l function, and the site does not contain a suitable habitat for Species at Risk. The study also concludes that the existing vegetated area does not meet the threshold of a significant woodland, and the removal of the vegetated area is consistent with Official Plan and Conservation Authority policies. Stage 1 and 2 Archaeological Assessment, Archeoworks, October 2022 8.13 A Stage One and Two Archaeological Assessment was completed for the subject lands. Stage One research indicated that the prope rty may have archaeological potential due to the proximity of a documented pre-ca 1900 Euro-Canadian settlement, one listed heritage property, and one previously registered archaeological site. Municipality of Clarington Report PDS-005-25 Page 10 8.14 Further assessment did not result in the discovery of any material of cultural significance. If any archaeological resources should be discovered during the course of development, all excavation must stop immediately, and the Ministry of Tourism, Culture and Sport shall be contacted immediately. A clearance letter will be required from the Ministry of Heritage, Sport, Tourism and Culture Industries prior to the approval of the Site Plan application. 9. Department and Agency Comments 9.1 Various agencies and internal departments were circulated for comments on the application. Circulated departments and agencies did not provide objections to the proposed Official Plan Amendment and Zoning By-law Amendment. Comments received focused on the forthcoming site plan application. Comments received pertaining to the forthcoming site plan application will be addressed prior to the removal of holding on the zoning or site plan approval by the Deputy CAO of Planning and Infrastructure Services. Figure 2 – View of proposed development from Bowmanville Avenue Municipality of Clarington Report PDS-005-25 Page 11 Figure 3 – View of proposed development from Rhonda Park 10. Discussion Bowmanville West Urban Centre and Major Transit Station (GO Station) Area Secondary Plan Update 10.1 The subject lands are part of the Bowmanville West Urban Centre and Major Transition Station (GO Station) Area Secondary Plan. 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 in the Regional Official Plan, therefore including the subject lands. 10.2 The draft Official Plan Amendment, inclusive of the Secondary Plan, was presented at a Statutory Public Meeting on January 22nd, 2024. The subject lands were identified as “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. Sunlight and Shadow Compatibility 10.3 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). Municipality of Clarington Report PDS-005-25 Page 12 10.4 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 have considered these policies through the review of the submitted sun / shadow diagrams. Based on the revised shadow diagrams submitted by the applicant, it is staff’s opinion that the proposed building heights / building setbacks conform with the applicable sunlight and shadow policies of the Clarington Official Plan and will cause minimal shadowing on adjacent low density residential areas. Density 10.5 The area around the subject property is generally comprised of low-density residential uses. However, the subject lands and other lands along the east side of Bowmanville Avenue are part of the Protected Major Transit Station Area and are in close proximity (walking distance) to the future Bowmanville GO Station. Furthe r, the policies of the Durham Region Official Plan and Clarington Official Plan support and encourage increased residential densities and more intense land uses in this context adjacent to higher order transit facilities. Focusing density and growth within the PMTSAs supports the Municipalities goal of achieving our Housing Pledge of 13,000 homes by 2031 (PDS- 009-23). In the context of the changing and evolving planning policy framework for this area and the lands around the future Bowmanville GO Station, the residential densities resulting from the proposed development support and conform with these policies and are supported by staff. Vehicle Ac cess and Traffic 10.6 Access is proposed to the development directly from Bowmanville Avenue via a right in right out access confirmation. Further, a secondary access to the signalized intersection to the south at Hartwell Avenue is available via an assessment easement in favour of the subject lands over the abutting lands to the south. Staff are satisfied with the proposed vehicle access arrangements. Parking 10.7 The proposed development includes the majority of residential and visitor parking to be provided in an underground parking garage, with some / limited surface visitor parking areas. The submitted Transportation Impact Study recommends a combined residential and visitor parking ratio of 1.2 spaces per dwelling unit based on proxy parking surveys at similar developments in Durham Region. Staff have reviewed the TIS and proposed parking ratios and have no concerns given the sites location and context near future higher order transit facilities. Cutting Red Tape to Build More Homes Act (Bill 185) 10.8 Bill 185 updated legislation to streamline planning approvals. Most notably for this project is that the Bill eliminated minimum parking requirements within PMTSAs. Parks 10.9 The subject site proposes private outdoor amenity spaces for the new development, at a minimum ratio of 4 square metres per unit. This is reflected as a minimum requirement in the proposed zoning by-law amendment for the subject site and is in Municipality of Clarington Page 13 Report PDS-005-25 accordance with Clarington’s Amenity Guidelines for Medium and High -Density Residences. The outdoor amenity areas include common areas on the roof of the parking structure, as well as a patio on the rooftop terrace of the high-rise building. Additionally, the townhouses will also contain individual private rooftop amenity space. Payment-in-lieu of parkland dedication will also be required for this development as the private outdoor amenity space is only intended for the residents of the site, given the lack of private outdoor space for each of the units. Private outdoor amenity space does not count towards the public park contributions. 10.10 Municipal parkland dedication for this site will be calculated in accordance with the Planning Act under Section 42, as well as the Municipality’s Parkland Dedication By- law. The final parkland calculation will be determined through the site plan stage, and payment is required prior to issuing a building permit Stormwater Management 10.11 Staff and CLOCA are satisfied with the proposed management of stormwater quality and quantity. The final design details of infiltration areas and other stormwater management features will be confirmed at the site plan approval stage. Appropriate conditions for future maintenance and operation of stormwater management elements will be included in the site plan and condominium agreements. The future condominium corporation(s) will be responsible for not only the on-site stormwater structures but the outlets in the valley as well. Proposed Zoning By-law Amendment 10.12 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 22, 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. 10.13 A rezoning is required to rezone the lands from “Urban Residential Type One (R1) Zone” to Urban Residential Four Exception Zone that will facilitate the proposed development. A Zoning By-law Amendment has been prepared which would zone the subject lands to the “Urban Residential Four Exception (R4 -49) Zone”. 10.14 Based on review of the submitted technical studies, including shadow diagrams, traffic, servicing and environmental studies, it is staff’s opinion that the subject lands and the amount of land area and depth available, can support the proposed 10 and 14 storey building heights and the revised building design proposed, will not result in any compatibility concerns to the adjacent low density residential neighbourhood . 10.15 The proposed Zoning By-law meets the intent of the Provincial Planning Statement, Municipality of Clarington Report PDS-005-25 Page 14 the Durham Region Official Plan and the Clarington Official Plan. 10.16 The proposed Official Plan and Zoning By-law Amendments represent good planning. Transit Station Charge (TSC) By-law 10.17 In preparation for the introduction of a TSC, the Region has commenced work on an Economic Study. The draft study confirms that land value capture is a viable approach to financing the new transit stations. 10.18 Until such time as the Transit Station Charge bylaw is enacted, it is critical that all development applications within the PMTSAs that precede the adoption and subsequent approval of the PMTSA Secondary Plans, and their implementing zoning by-laws, be subject to a Holding symbol to signal that payment of a transit station charge may be required. Site Plan Application 10.19 Staff will continue to collaborate with the owner through a future site p lan application. Detailed site design refinements will occur through the Site Plan approval process, such as technical issues that deal with grading, stormwater management, traffic, and emergency response. 11. Financial Considerations 11.1 The capital infrastructure required for this development will be built by the developer and assumed by the Municipality upon acceptance. The Municipality will include the new public capital assets in its asset management plans and be responsible for the major repair, rehabilitation, and replacement of the public assets in the future. 11.2 Maintenance and minor repairs of any public infrastructure will be included in future operating budgets. 11.3 The maintenance, repair, and replacement of any private laneways or private amenities will not be the responsibility of the Municipality. 12. Strategic Plan 12.1 The proposed development has been reviewed against the pillars of the Clarington Strategic Plan 2024-27. Clarington’s Strategic Plan prioritizes applications that support and implement the creation of growing resilient, sustainable and complete communities and connecting residents through the design of safe, diverse, inclusive and vibrant communities. The proposal aligns with Clarington’s Strategic Plan. Municipality of Clarington Report PDS-005-25 Page 15 13. Climate Change 13.1 The applicant prepared an Energy Efficiency and Sustainability Plan in support of the applications. The report concludes that the proposal meets the principles of Sustainable Development as outlined in the Municipality of Clarington Official Plan. 14. Concurrence 14.1 Not Applicable. 15. Conclusion 15.1 In consideration of the review of the detailed plans, all agency, staff and public comments, it is respectfully recommended that the Clarington Official Plan and Zoning By-law Amendments included in Attachments 1 and 2 be approved. The holding will be removed once the conditions as outlined in this report are satisfied. Staff Contact: Amanda Tapp, Manager of Development Review, 905-623-3379 ext. 2427 or atapp@clarington.net. Attachments: Attachment 1 – Proposed Clarington Official Plan Amendment Attachment 2 – Proposed Zoning By-law Amendment Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PDS-005-25 The Corporation of the Municipality of Clarington Amendment Number 140 To the Municipality of Clarington Official Plan Purpose: To amend the Clarington Official Plan to permit an apartment building(s) with a height of 14 storeys within a Local Corridor land use designation. Location: The amendment to the Official Plan applies to the properties at 1525 to 1585 Bowmanville Avenue, in Bowmanville. Basis: This amendment is based on applications by Your Home Developments (Bowmanville) Inc. to permit 464 dwelling units, two apartment buildings and two townhouse buildings. The amendment meets the review criteria for amendments to the Clarington Official Plan under section 23.2.6 of the Official Plan by: conforming to municipal goals and objectives of the Durham Region Official Plan and the Clarington Official Plan; contributing to the overall structure of the Municipality; being compatible with adjacent land uses; and being supported by infrastructure to service the development. Actual Amendment: The Clarington Official Plan is hereby amended by adding an exception to Section 23.19.1.ix “Residential Exceptions” as follows: ix. Notwithstanding Table 4-3 “Summary of Urban Structure Typologies”, lands identified by Roll Numbers 18-17-020-040-07200, 18- 17-020-040-07100, 18-17-020-040-07000, 18-17-020-040-06900 (1525 to 1585 Bowmanville Avenue in Bowmanville) located within a Local Corridor may also include apartment buildings with a maximum height of 14 storeys. The implementing Zoning By-law will contain performance standards to ensure that the new development will be compatible with the physical character of the established residential neighbourhood. Attachment 1 to Report PDS-005-25 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. Attachment 2 to Report PDS-005-25 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 2025-______ 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 2023-0017; 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 15.4.49 as follows: “15.4.49 Urban Residential Type Four Exception (R4 -49) Zone Notwithstanding Sections 15.1 and 15.2, those lands zoned R4-49 on the Schedule A to this By-law shall subject to the following: Permitted Uses a. Permitted Uses i. Apartment Building ii. Link townhouse dwelling Regulations for Residential Uses b. Density (Maximum) 335 units per net hectare c. Yard Requirements Attachment 2 to Report PDS-005-25 i) Front Yard 2.5 metre 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 3.0 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) 35 percent h. Building Height i. Maximum 14 storeys (47.0 metres) for apartment buildings ii. Maximum 4 storeys (13.0 metres) for link townhouse dwellings i. Podium Height i. Minimum 2 storeys, ii. Maximum 4 storeys j. Apartment Building Separation (Minimum) 25.0 metres for any floor above the 3rd storey k. Bicycle Parking (Minimum) i. 0.1 per unit (short term) ii. 0.5 per unit (long term) l. Street Façade Length (Minimum) 70% to Bowmanville Avenue m. 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: Attachment 2 to Report PDS-005-25 “Urban Residential Typer One (R1) Zone” to “ Holding - Urban Residential Type Four Exception ((H) R4-49) 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 passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. Passed in Open Council this _____ day of _____, 2025 ____________________________ Adrian Foster, Mayor ____________________________ June Gallagher, Municipal Clerk Attachment 2 to Report PDS-005-25