HomeMy WebLinkAboutPSD-053-05
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 25, 2005
Report #:
PSD-053-05
File #: COPA 2003-003 and
ZBA 2003-015
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By-law #:
Subject:
OMB DECISION ON APPEALS BY HALLOWAY HOLDINGS LIMITED AND
TOWCHESTER DEVELOPMENTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-053-05 be received for information.
Submitted by:
D i . Crome, MCIP, R.P.P.
Director of Planning Services
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Reviewed by:
Franklin Wu,
Chief Administrative Officer
RH/CP/DJC/df
19 April 2005
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOW MANVillE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-OS3-0S
PAGE 2
1.0 BACKGROUND
1.1 On April 2003, Halloway Holdings Limited and Towchester Developments Limited
submitted Official Plan amendment and rezoning applications for three sites in north
Bowmanville. At the northeast corner of Middle Road and Longworth Avenue, the
applicant proposed to delete the Local Central Area and replace the commercial
permission with medium density townhouse development. At the northwest corner of
Liberty Street and Longworth Avenue, the applicant proposed to reduce the commercial
permission and replace the high density permission within the Local Central Area with
medium density townhouse development. On the southwest corner of Liberty Street
and Longworth Avenue, the applicant proposed to replace the high density permission
within the Local Central Area with medium density townhouse development. Appeals
were filed to the Ontario Municipal Board for failure by the Municipality to make a
decision on these applications within 90 days.
1.2 The purpose of this report is to summarize the decision for the public.
2.0 OMB HEARING AND DECISION
2.1 Council approved minutes of settlement on January 31, 2005, which were presented to
the OMB at the hearing on March 8, 2005. The OMB issued its decision on April 1,
2005 as follows.
. The Local Central Area at Middle Road and Longworth Avenue has been deleted
with the commercial permission being replaced with a medium density designation.
. The high density permission has been retained on the northwest corner of Liberty
Street and Longworth Avenue. Maximum height and density have been increased to
6 storeys and 100 uph respectively, consistent with the high density policies of the
Official Plan. The current commercial and office floorspace permissions have been
retained, but the applicant does not have to construct the entire amount of
designated floorspace.
. On the southwest corner of Liberty Street and Longworth Avenue, the density has
been reduced from high to medium density.
. The OMB also approved implementing zoning for each site.
2.2 A copy of the OMB decision is contained in Attachment 1.
Attachments:
Attachment 1 - O.M.B. Decision
ATTACHMENT 1
ISSUE DATE:
Apri/1, 200S
DECISION/ORDER NO:
0764
'05APR04 PM 3:55:28
PL040124
Ontario
Ontario Municipal Board
Commission des affaires municipales de l'Ontario
Halloway Holdings Limited and Towchester Developments Limited have appealed to the Ontario
Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as
amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan
for the Municipality of Clarington to redesignate lands respecting Part of Lots 11 and 12,
Concession 2, Municipality of Clarington to permit medium density residential and commercial
uses
OMB File No. 0040033
APPEARANCES:
Halloway Holdings Limited and Towchester Developments Limited have appealed to the Ontario
Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as
amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law
84-63 of the Municipality of Clarington to rezone lands respecting Part of Lo~ .tLand-.12.._
Concession 2, Municipality of Clarin9ton to permit medium density residential a, Com'~'(.7{i;'~'
uses ~u.'1' L. ~V.
OMB File No. Z040019 . At/( BY"" ""__"",..
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MEMORANDUM OF ORAL DECISION DELIVERED BY J. R~~~-:-._
J. FLINT ON MARCH 8, 200S AND ORDER OF THE BOARD ~.
Parties
Counsel
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Halloway Holdings Limited and
Towchester Developments Limited
Municipality of Clarington
At the outset of the hearing, the Board was informed that the parties had reached
a settlement.
Mr. Richard Holy, a Senior Planner employed by the Municipality of Clarington,
provided professional planning evidence in support of proposed Official Plan
Amendment No. 40. In his opinion Amendment No. 40 has regard to the Provincial
Policy Statement and represents good planning.
Mr. Holy reviewed proposed Zoning By-laws 2005-34, 2005-35 and 2005-36
being by-laws to amend Comprehensive Zoning By-law 84-63. In his opinion the
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PL040124
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Zoning By-law Amendments conform to the Regional Municipality of Durham Official
Plan and the Clarington Official Plan with the proposed amendment.
Mr. Bryce Jordan, a qualified planner, provided professional planning evidence
on behalf of Halloway Holdings Limited and Towchester Developments Limited. Mr.
Jordan supported the planning evidence of Mr. Holy and in his opinion the proposed
Official Plan Amendment and Zoning By-law Amendments represent good planning.
No one spoke in opposition.
Based on the evidence of Mr. Holy and Mr Jordan the Board finds that the Official
Plan Amendment has regard to the provincial Policy Statement and represents good
planning.
Based on the evidence of the two qualified planners the Board finds that the
Zoning By-law Amendments conform to the Official Plan of the Regional Municipality of
Durham, the Clarington Official Plan with the proposed amendment and represent
proper and good planning.
The Board Orders that the appeal is allowed, and the Official Plan for the
Municipality of Clarington is amended as set out in Attachment 1 to this Order.
The Board Orders that the appeal is allowed and By-law 84-63 is hereby
amended in the manner set out in Attachment 2, Attachment 3 and Attachment 4 to this
Order.
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J. R. AKER
MEMBER
"J. Flint"
J. FLINT
MEMBER
SCHEDULE 1
ATTACHMENT 1
AMENDMENT NO. 40
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this Amendment is to delete the Middle Road ILongworth Avenue
Local Central Area designation and replace it with Medium Density Residential,
and to allow a redistribution of planned land uses with the Liberty
StreeULongworth Avenue Local Central Area.
BASIS:
This amendment is based on an application by Halloway Holdings Limited and
Towchester Development Limited, which has been reviewed by the Municipality
of Clarington, including a public meeting under the Planning Act. The
Municipality and the applicant have mutually agreed to the revised amendment.
AMENDMENT:
1. The Clarington Official Plan is hereby amended as follows:
By amending Table 9-2 Housing Targets by Neighbourhood, to adjust the
housing targets in Bowmanville in the Elgin Neighbourhood No.7 by increasing
the Medium Density units in the Residential Area from "50" to "150.,; and in the
Central Areas decreasing the medium density from "125" to "50", and decreasing
the High Density units from "75" to "0". In the Knox Neighbourhood increasing
from "125 to "250" the Medium Density units in the Residential Area; and in the
Central Areas by reducing the Medium Density units from "125 to "50" and
increasing the High Density from "75" to "175"; and making appropriate
adjustments to totals for each neighbourhood, the Bowmanville Urban Area and
Total so that the neighbourhood housing targets are as follows:
Table 9-2
Housing Ta..9.-e15 by Nelghbourhood
Urban Area Housing Units
Neighbourhoods
Bowmanville Residential Areas Central Areas Intensification Total
Low Medium High Medium Hioh
N7 Elgin 1025 150 50 50 0 150 1425
N9 Knox 1450 250 0 50 175 125 2050
Total 13125 3200 875 1225 1950 1800 22200
2. By amending Table 10-1 Local Central Areas to adjust the Liberty/
Longworth Local Central Area housing units by increasing the Medium
Density from"50' to "100" and increasing the High Density from "150' to
"175" and by deleting the Middle/Longworth Local Central Area as follows:
Local Central Area Retail Office Housing Units Public
Locations Floorspace Floorspace Medium High Square
(sq.m.) (sq.m.) Densitv Density Requirement
LibemlLoneworth 3000 500 100 175 Yes
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3. By amending Map A3 - Land Use Bowmanville Urban Area as shown on
Exhibit "A"; and
4. By amending Map E2 - Neighbourhood Planning Unit Bowmanville Urban
Area as shown on Exhibit "B";
IMPLEMENTATION:
The provisions set forth in the Clarington Official Plan regarding the implementation
of the Plan shall apply in to this Amendment.
INTERPRETATION:
The provision set forth in the Clarington Official Plan regarding the interpretation
of the Plan shall apply in regard to this Amendment.
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AMENDMENT No, 40 TO THE MUNICIPALITY OF ClARlNGTON OFFICIAL PLAN,
MAP A3, ~D USE, BOWMANVILLE URBAN AREA
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AMENDMENT No.'40 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP E2, NEIGHBOURHOOD PLANNING UN!TS, BOWMANVILLE URBAN AREA
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ATTACHMENT 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-034
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to
permit the development of medium density residential uses in accordance with
application ZBA 2003-015.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation ofthe
Municipality of Clarington enacts as follows:
1. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE (R3)
ZONE" is hereby amended by adding thereto the fOllowing new Special Exception
14.6.25 as follows:
"14.6.25 URBAN RESIDENTIAL EXCEPTION (R3-25) ZONE
Notwithstanding Sections 2, 14.1, and 14.4, those lands zoned R3-25 on the Schedules
to this By-law shall only be used subject to the following zone regulations:
a) Definition
i) Dwelling, Stacked Townhouse
Shall mean one of a group of three or more dwelling units which are
separated vertically and/or horizontally, provided that each dwelling unit has a
separate entrance and fronts either on an improved public street or on a
private street.
b) Permitted Residential Uses
i) link townhouse dwelling, and
ii) stacked townhouse dwelling
c) Regulations for Residential Uses
i) Density (max)
,ii) Lot Frontage (min)
60 units per hectare
13.5 metres
Hi) Yard Requirements
a) front yard to an improved public
street or private street
b) exterior side yard to an improved
public street or private street
c) interior side yard (min)
d) interior side yard separation
between buildings without
common wall (min)
e) rear yard (min)
f) rear yard separation between
buildings (min)
iv) Dwelling Unit Area (min)
v) Lot Coverage (max)
vi) Landscaped Open Space (min)
vii) Building Height (max)
4.5 metres (min) -7.5 metres
(max)
4.5 metres (min) -7.5 metres
(max)
7.5 metres
3.0 metres
7.5 metres
15 metres
85 square metres
40 percent
40 percent
10.5 metres
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
"General Commercial (C1) Zone" to "Holding - Urban Residential Exception
((H)R3-25) Zone"
as shown on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW passed by the Ontario Municipal Board this
day of March, 2005.
Ontario Municipal Board
This is Schedule"A" to By-law 2005- 034,
passed this day of .2005 A.D.
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ATTACHMENT 3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-035
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to
permit the development of retail commercial and high density residential uses in
accordance with application ZBA 2003-015.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is
hereby amended by adding thereto the following new Special Exception 16.5.38 as
follows:
"16.5.38 GENERAL COMMERCIAL EXCEPTION (C1-38) ZONE
Notwithstanding Sections 2, 16.1, 16.2, and 16.3, those lands zoned C1-38 on the
Schedules to this By-law shall also be subject to the following zone regulations:
a) Definitions
i) Front Lot Line
For the purposes of. measuring the front yard to a building containing
permitted residential uses within a "C1-38" Zone, the front lot line shall be
deemed to be the lot line abutting the improved public street municipally
known as Liberty Street.
ii) Retirement Home
Shall mean a residential building constructed and used to accommodate
either or both individual retired persons, or couples one of whom is retired,
where each private bedroom or suite has separate washroom facilities and a
separate entrance from a common hall, and common facilities are provided
for the preparation and consumption of food. Common lounges, recreation
rooms; and short-term medical care facilities may also be provided. The term
retirement home includes a home for the aged as defined by the Homes for
the Aged and Rest Home Act.
2
b) Permitted Residential Uses
i) apartment building;
Ii) nursing home;
Hi) retirement home; and,
iv) senior citizens' apartment building.
c) Regulations for Residential Uses
i) Density (max)
100 units per hectare
ii) Yard Requirements
a) front yard
4.5 metres (min) - 7.5 metres
(max)
7.5 metres, where this yard abuts
a residential zone
c) rear yard (min) 7.5 metres
d) setback from a building containing residential uses
e) setback from a building containing non-residential uses
15 metres
20 metres
b) interior side yard (min)
iii) Lot Coverage (max)
iv) Building Height (max)
40 percent
18 metres
v) Where the building exceeds a height of 12 metres, the yard requirements
contained in Section 16.5.38 c) ii) b) and Section 16.5.38 c) ii) c) shall be
increased by 1 metre for each additional full metre, or part thereof, of height
added to the building height.
d) Notwithstanding Section 16.1, a convenience store may be constructed and used
on the lands zoned C1-38 on the map contained in the Schedule attached to and
forming part of this By-law.
e) Permitted non-residential uses shall be developed in accordance with Section
16.3 and the following provisions:
i) Non-Residential Floorspace (max)
a) Retail Commercial Uses 3,000 square metres, and
b) Office Uses 500 square metres
ii) Additional Yard Requirements
a) Depth of area between building 30 metres
and south lot line (max)
b) Depth of area between building 90 metres
and north lot line (min)
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
3
"Holding - General Commercial ((H)C1) Zone" and "Holding - Urban Residential
Type Four ((H)R4) Zone" to "Holding - General Commercial Exception ((H)C1-
38) Zone"
as shown on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW passed by the Ontario Municipal Board this
day of March, 2005.
Ontario Municipal Board
This is Schedule" An to By-law 2005-035 ,
passed this day of . 2005 A.D.
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John Mutton, t,AQ)'Or
Patti L Barrie, Uunicipol Clerk
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ATTACHMENT 4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-036
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to
permit the development of medium density residential uses in accordance with
application ZBA 2003-015.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation ofthe
Municipality of Clarington enacts as follows:
1. Section 14.6 "SPECIAL EXCEPTIONS- URBAN RESIDENTIAL TYPE THREE (R3)
ZONE" is hereby amended by adding thereto the following new Special Exception
14.6.26 as follows:
"14.6.26 URBAN RESIDENTIAL EXCEPTION (R3-26) ZONE
Notwithstanding Sections 2, 14.1, and 14.4, those lands zoned R3-26 on the Schedules
to this By-law shall also be subject to the following zone regulations:
a) Definitions
i) Dwelling, Stacked Townhouse
Shall mean one of a group of three or more dwelling units which are
separated vertically and/or horizontally, provided that each dwelling unit has a
separate entrance and fronts either on an improved public street or on a
private street.
ii) Retirement Home
Shall mean a residential building constructed and used to accommodate
either or both individual retired persons, or couples one of whom is retired,
where each private bedroom or suite has separate washroom facilities and a
separate entrance from a common hall, and common facilities are provided
for the preparation and consumption of food. Common lounges, recreation
rooms, and short-term medical care facilities may also be provided. The term
retirement home includes a home for the aged as defined by the Homes for
the Aged and Rest Home Act.
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b) Permitted Residential Uses
i) link townhouse dwelling;
ii) nursing home;
Hi) retirement home;
iv) senior citizens' apartment building; and,
v) stacked townhouse dwelling.
c) Regulations for Nursing Home, Retirement Home, and Seniors' Citizens
Apartment Building
i) Density (max)
60 units per hectare
ii) Yard Requirements
a) front yard
c) interior side yard (min)
d) rear (min)
4.5 metres (min) - 7.5 metres
(max)
4.5 metres (min) - 7.5 metres
(max)
1 0 metres
10 metres
b) exterior side yard
Hi) Lot Coverage (max)
40 percent
iv) Building Height (max)
12 metres
d) Regulations for Link Townhouse Dwellings and Stacked Townhouse Dwellings
i) Density (max)
60 units per hectare
ii) Lot Frontage (min)
13.5 metres
iii) Yard Requirements
a) front yard to an improved public
street or private street
b) exterior side yard to an improved
public street or private street
c) interior side yard (min)
d) interior side yard separation
between buildings without
common wall (min)
e) rear yard (min)
f) rear yard separation between
buildings (min)
4.5 metres (min)-7.5 metres
(max)
4.5 metres (min)- 7.5 metres
(max)
7.5 metres
3.0 metres
7.5 metres
15 metres
iv) Dwelling Unit Area (min)
85 square metres
v) Lot Coverage (max)
vi) Landscaped Open Space (min)
vii) Building Height (max)
40 percent
40 percent
10.5 metres
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
"Holding - Urban Residential Type Four ((H)R4) Zone" to "Holding - Urban
Residential Exception ((H)R3-26) Zone"
as shown on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW passed by the Ontario Municipal Board this
day of March, 2005.
Ontario Municipal Board
This is Schedule"A" to By-law 2005-036 ,
passed this day of . 2005 A.D.
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