HomeMy WebLinkAboutPSD-045-15 Addendum Clarington
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Report
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Report To: Planning and Development Committee
Date of Meeting: November 16, 2015
Addendum to
Report Number: PSD-045-15 Resolution Number: PD-065-15 PD-082-15
File Number: ZBA 2014-0013 By-law Number:
Report Subject: Application by Zemer Holdings Ltd. to rezone lands to permit an
apartment building at 50 Martin Road in Bowmanville
Recommendations:
1. That Report PSD-045-15 be received;
2. That Addendum to Report PSD-045-15 be received;
3. That the Zoning By-law Amendment application submitted by Zemer Holdings Ltd. be
approved as contained in Attachment 2 to Addendum Report PSD-045-15;
4. That once all conditions contained in the Official Plan with respect to the removal of the
(H) Holding Symbol are satisfied, including a site plan agreement that provides for:
a) A driveway location that aligns opposite to Hartwell Avenue, being the location of
future traffic signals;
b) Construction and maintenance of a temporary sidewalk along the east side of
Regional Road 57 from the subject site to Aspen Springs Drive if the development
proceeds in advance of the reconstruction of Regional Road 57, including the
recommended signalization of Hartwell Avenue;
c) Dedication of lands east of the development area to allow for a future public
pedestrian connection to Rhonda Park (approximately 0.6 hectares);
d) Undertaking and implementing a scoped Environmental Impact Brief that addresses
the proposed storm sewer connection and provides standard mitigation measures;
and
e) An appropriate design and provision of easements to facilitate shared access
connection between the approved entrance and a minimum of four parcels to the
north
the By-law authorizing the removal of the (H) Holding Symbol be approved;
Municipality of Clarington
Addendum to Report PSD-045-15 Page 2
5. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Addendum Report PSD-045-15
and Council's decision; and
6. That all interested parties listed in Addendum Report PSD-045-15 and any delegations be
advised of Council's decision.
Municipality of Clarington
Addendum to Report PSD-045-15 Page 3
Report Overview
This is an addendum report to a recommendation report considered by the Planning and
Development Committee on September 14, 2015. Since then, Staff have had further
discussion with the applicant regarding three of the conditions for the removal of the (H)
Holding Symbol, specifically:
1. The construction and maintenance of a temporary sidewalk from the site to the signalized
intersection at Aspen Springs Drive and Regional Road 57;
2.The pedestrian connection from Regional Road 57 to Rhonda Park; and
3. Requiring the submission of an Environmental Impact Study update for the sewer
connection.
In addition, the applicant had concerns with the Zoning By-law which required that the fourth
storey of the building to be set back from the front fagade of the building.
Additional information has also come forward relating to the widening and reconstruction of
Regional Road 57 and the installation of signals at Hartwell Avenue. Staff is of the view that
the entrance to the site should be realigned to be opposite Hartwell Avenue.
Approval of the application is recommended subject to the revisions noted in this report.
1 . Background
1.1 At the Planning and Development Committee meeting held on September 14, 2015, the
applicant's planning consultant appeared as a delegation regarding PSD-045-15
(Attachment 1). Issues relating to the trail connection from the development to Rhonda
Park, requirement for an update to the Environmental Impact Study and stepping back
the building were raised as concerns. The Planning and Development Committee and
Council referred the matter back to staff to resolve the issues with the applicant.
1.2 Subsequent to the meeting, the applicant also looked for clarification on the construction
and maintenance of a temporary sidewalk from the site to Aspen Springs Drive.
1.3 Since the last Planning and Development Committee, the Region of Durham held a
second Public Information Centre on October 27, 2015 for the Regional Road 57
Environmental Assessment. The Region presented alternatives that include the future
signalization of Hartwell Avenue and Regional Road 57. Engineering Staff support this
direction, however, the impact of signalization and possible future center median that will
restrict turning movements, together with the entrance to the north end of the site, is
undesirable.
1.4 Planning and Engineering Staff, the applicant and his consultant discussed the items in
detail and the following is an overview of staff recommended changes to the Zoning By-
law Amendment.
Municipality of Clarington
Addendum to Report PSD-045-15 Page 4
2. Discussion
2.1 Pedestrian Connection from Regional Road 57 to Rhonda Park
The potential for a public pedestrian connection has been further reviewed by
Engineering and Parks staff. Following a preliminary review of grades, the lands to the
east of the development area (building, landscaping and parking areas) could be used for
the location of a full public pedestrian connection in the future. The connection cannot be
in a straight east-west alignment but rather would have to zig-zag between the park and
the future sidewalk on the east side of Regional Road 57 to achieve a maximum slope of
5%, which is an accessibility standard.
The applicant has agreed to dedicate the rear of the property, those lands to the east of
the development area, having an area of approximately 0.6 hectares (Figure 1) The
dedication of the lands would allow the construction of the trail in an alignment that is
appropriate given future grades of the development area on the subject lands, and should
other lands to the north be necessary to construct the preferred alignment. Although the
dedication is not typical parkland, it abuts the park and provides a future trail connection
for the Municipality. Staff believe, that in this situation, said dedication should relieve the
applicant from the required cash-in-lieu of parkland dedication otherwise required.
Figure 1: Illustration of lands to be dedicated
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Municipality of Clarington
Addendum to Report PSD-045-15 Page 5
Determining the alignment is not possible at this time. The subject lands will require site
plan approval during which time final grading for the development area will be
established. Consideration will also be given to how proposed grading for the subject
lands will impact the grading of lands to the north. The site plan process will result in an
understanding of grading, final site layout and building design, at which time staff can
work toward a final alignment of the pedestrian connection.
Further, while the lands to the east of the development area would be dedicated to the
Municipality of Clarington, Staff will work with the owner to possibly accommodate some
or all of a future public connection through the development area, if feasible.
2.2 Requirement for an Environmental Impact Study
The original draft by-law required the applicant to provide an "Environmental Impact
Study" to address the storm sewer easement connection. The terminology was confusing
to the applicant. The intent of the condition is that the applicant's consultant complete a
report addressing the proposed design of the storm sewer connection to determine its
feasibility, impacts and mitigation techniques. The Central Lake Ontario Conservation
Authority also requested mitigation techniques for the development as a whole. These
could include requirements for sediment and erosion controls, stockpiling of fill, and limits
of grading to name a few. As it is not a full study, the wording has been revised to require
a scoped Environmental Impact Brief to minimize any confusion.
2.3 Future Signalization of Hartwell Avenue
The recent information provided by the Region of Durham from the Regional Road 57
Environmental Assessment indicates that Hartwell Avenue and Regional Road 57 will be
signalized in the future with a long-term plan for a centre median north of Hartwell
Avenue. Based on the proposed access at the north limits of the site, a future centre
median would result in right-in, right-out only turning movements which is undesirable for
a 4-storey apartment building. This would be exacerbated in the future as the access to
the apartment building is intended to also serve as a shared access as lands redevelop to
the north.
At the time of preconsultation in 2011, signalization of Hartwell Avenue was not
contemplated by the Region of Durham. Four years have passed, and as a result of the
completion of the Environmental Assessment to date, signalization is now being
recommended. Clarington Staff are supportive of signalization.
The Engineering Services Department are not supportive of the access location as
proposed by the developer based on the recommendations evolving from the Regional
Road 57 EA. This is based on the functionality of the access from a land use perspective
in the long term development of the east side of Regional Road 57. Engineering staff are
of the opinion, based on the traffic information currently available on this segment of
Regional Road 57 and in consideration of the safety of both pedestrians and vehicles that
will be generated from a development of this type, that it is necessary that this access be
relocated and aligned with a signalized Hartwell Avenue intersection.
Municipality of Clarington
Addendum to Report PSD-045-15 Page 6
In consideration of the comments from Engineering Services it is recommended that a
further condition of removing the "(H) Holding symbol" include relocating the access to
the site to align with Hartwell Avenue to the satisfaction of the Regional Works
Department and Clarington Engineering Services.
The applicant does not agree with this change in the driveway location.
2.4 Construction and maintenance of a temporary sidewalk to Aspen Springs Drive
Providing a safe pedestrian crossing at a signalized intersection at Hartwell Avenue and
Regional Road 57 is the preferred solution, however timing of the signals may not
coincide with the subject development. Staff will consult with the applicant and the Region
of Durham through the site plan process to derive a solution that will provide suitable
pedestrian connections while considering costs and timing.
Staff have reviewed this issue internally and maintain the same position as provided in
Section 11.4 of PSD-045-15 (Attachment 1). The applicant will be required to satisfy
Engineering Services requirement to:
• Construct a temporary municipal sidewalk northerly from the site to Aspen
Springs Drive;
• Maintain this sidewalk until Regional Road 57 is reconstructed to a full urban
standard, including signalization at Hartwell Avenue; and
• Be responsible for snow clearing and winter maintenance of the future temporary
sidewalk.
The owner will have an on-site snow removal company maintaining the apartment site
and that contractor can also maintain the connection up to Aspen Springs Drive. The
construction and future maintenance of this temporary connection will be further reviewed
through the site plan process and there would be provisions contained in the site plan
agreement between the owner and the Municipality.
2.5 Steppinq back the Fourth Storey
A provision of the Zoning By-law Amendment required the building to be "stepped back"
at the fourth storey. This is also referred to as creating an angular plane.
Establishing an angular plane can be done for various reasons, including reducing
shadow impacts from buildings on adjacent properties, including along sidewalks, and to
provide a transition between low rise buildings and taller buildings.
The applicant suggested the provision was too restrictive and could impact unit yield
based on his preliminary building design. Given the future redevelopment possibilities
along Regional Road 57 which would permit buildings up to 4 storeys, the proposed
Zoning By-law Amendment no longer requires the building to be stepped back.
Municipality of Clarington
Addendum to Report PSD-045-15 Page 7
I Concurrence
Not Applicable
4. Conclusion
In consideration of all agency, staff and public comments, and further discussions with
the applicant, it is respectfully recommended that the application to rezone the subject
lands to permit an apartment building be approved as amended to eliminate the angular
phase requirement for height and to amend the holding conditions as outlined above.
5. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan and will
contribute to providing a variety of affordable housing types.
2
Submitted b Reviewed b
Y� y: �
Dav rome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Anne Taylor Scott, Planner II, 905-623-3379 ext. 2414 or
ataylorscott(a.clarington.net
Attachments:
Attachment 1 — Report PSD-045-15
Attachment 2 — Proposed Zoning By-law Amendment
Municipality of Clarington
Addendum to Report PSD-045-15 Page 8
The following is a list of the interested parties to be notified of Council's decision:
John Passalacqua
Michael Fry
Colleen Lush
Rose and Norman Watkins
Michelle Hardwick
Jennifer Crespo
Suzanne Barnes
Jeff Guthrie
Ruth Kolisnyk
Dean Jacobs
Catherine Dahlke, Drew Donmoyer, Cooper Donmoyer
Henry Kortekaas Associates Inc.
Gary Scott
Ray Fadavi
Rick Vanderkooi
A Stones Throw Pub & Grill
Physio Can c/o Brenda
The Little Hair Shop c/o Joanne
Bob Wine
Jackie
H. Snyder
Joseph & Antoinette Passalacqua
Christina Tourigny
Ralph Tukker
Rachel Smida
CP/ATS/jp/df
Attachment 1 to
Municipality of Clarington Addendum to Report PSD-045-15
cityb9toll
Planning Services
Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: Planning and Development Committee
Date of Meeting: September 14, 2015
Report Number: PSD-045-15 Resolution Number:
File Number: ZBA 2014-0013 By-law Number:
Report Subject: Application by Zemer Holdings Ltd. to rezone lands to permit an
apartment building at 50 Martin Road in Bowmanville
Recommendations:
1. That Report PSD-045-15 be received;
2. That the Zoning By-law Amendment application submitted by Zemer Holdings Ltd. be
approved as contained in Attachment 1 to Report PSD-045-15;
3. That once all conditions contained in the Official Plan with respect to the removal of the
(H) Holding Symbol are satisfied, including a site plan agreement that provides for:
f) Construction of a temporary sidewalk along the east side of Regional Road 57 from
the subject site to Aspens Springs Drive if the development proceeds in advance of
the reconstruction of Regional Road 57;
g) Construction of a trail, publicly accessible if feasible, to provide a pedestrian
connection for this development to Rhonda Park, the interior of the neighbourhood
and ultimately a connection to the downtown;
h) An Environmental Impact Study addressing the proposed storm sewer connection to
Rhonda Boulevard and the pedestrian trail; and
i) An appropriate design and provision of easements to facilitate shared access
connection between the approved entrance and a minimum of four parcels to the
north
the By-law authorizing the removal of the (H) Holding Symbol be approved;
4. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-045-15 and
Council's decision; and
5. That all interested parties listed in Report PSD-045-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-045-15 Page 2
Report Overview
This is a recommendation report on a rezoning application by Zemer Holdings Ltd. to permit an
apartment building containing 71 units at 50 Martin Road in Bowmanville. The proposed zoning
by-law amendment would permit an apartment building on the subject lands.
The zoning by-law will create a suitable building envelope for the apartment building with site
specific regulations including vehicular and bicycle parking, amenity space, relationship to
Martin Road and maximum height. Since a site plan application has not been submitted or
approved, there will be additional conditions imposed for removing the Holding (H) symbol
relating to pedestrian connectivity, environmental impacts, urban design and shared access
arrangements.
1 . Application Details
1.1 Owner/Applicant: Zemer Holdings Ltd.
1.2 Agent: D.G. Biddle & Associates Ltd.
1.3 Proposal: To rezone the lands from the existing Urban Residential Type
One (R1) Zone to an appropriate zone to permit the requested
use.
1.4 Area: 1.3 hectares.
1.5 Location: 50 Martin Road (Regional Road 57), Part of Lot 14, Concession
1, Former Town of Bowmanville (See Figure 1).
1.6 Within Built Boundary: Yes
2. Background
2.1 Zemer Holdings Ltd. purchased the subject lands in June 2011 and a pre-consultation
meeting was held with staff and agencies in August 2011. The rezoning application was
initially submitted April 7, 2014. It was subsequently revised and additional information
was submitted allowing the application to be deemed complete in August 2014.
2.2 The applicant hosted a Public Information Centre on December 3, 2014. A summary of
the comments heard at Public Information Centre is included in Section 7 of this report.
2.3 The Public Meeting under the Planning Act was held on January 19, 2015. Since that
time, the applicant prepared a revised submission to address staff, agency and public
comments. The revisions include modifications to parking and amenity space, and the
building envelope was revised slightly. The revised servicing plan illustrates a new storm
sewer extending easterly down the slope and through Rhonda Park to connect to an
existing stormwater management facility.
Municipality of Clarington
Report PSD-045-15 Page 3
Figure 1: Site Map
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2.4 The preliminary site plan submitted with the application illustrates a proposed 71-unit
apartment building fronting onto Martin Road. As the site slopes significantly to the east,
the preliminary building plan has a walk-out basement with a fagade of 4 storeys along
Martin Road, and 5 storeys at the rear(east side) of the building (See Figure 2 —
Preliminary Elevations).
2.5 The following plans and studies in support of the application have been received and are
reviewed in this report:
• Planning Justification Report
• Traffic Impact Brief
• Environmental Impact Statement
• Phase 1 Environmental Site Assessment
• Functional Servicing Report
• Geotechnical Report
Municipality of Clarington
Report PSD-045-15 Page 4
Figure 2: Preliminary Elevations
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3. Land Characteristics and Surrounding Uses
3.1 A single family dwelling is located on the subject lands. The dwelling is located on a
plateau adjacent to Martin Road, also referred to as Regional Road 57. The site slopes
significantly to the east approximately 15 metres. The slope is vegetated.
3.2 The surrounding uses are shown in Figure 3 and outlined below:
North: Single detached residential units on existing semi-rural lots
South: Semi-detached dwellings along Doreen Crescent
East: Blaisdale Montessori School and Rhonda Park along Rhonda Boulevard
West: Retail and service commercial uses; existing low density residential
Municipality of Clarington
Report PSD-045-15 Page 5
Figure 3: Aerial Photograph illustrating surrounding uses
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4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement identifies settlement areas as the focus of growth. Land
use patterns shall be based on densities and a mix of land uses that efficiently use land,
resources and infrastructure. Opportunities for redevelopment and intensification are
encouraged, and natural features shall be protected.
Municipalities must provide a variety of housing types and densities, and a range of
housing options that are affordable to the area residents.
Healthy and active communities should be promoted by planning public streets to be
safe, meet the needs of pedestrians, foster social interaction and facilitate active
transportation and community connectivity. Compact and diverse developments promote
active modes of transportation such as walking and cycling.
The subject application is consistent with the Provincial Policy Statement.
Municipality of Clarington
Report PSD-045-15 Page 6
4.2 Provincial Growth Plan
The subject lands are within the defined Built Boundary. Population and employment
growth will be accommodated by directing a significant portion of new growth to the built
up areas through intensification and efficient use of existing services and infrastructure.
The development of complete communities is encouraged by promoting a diverse mix of
land uses, a mix of employment and housing types, high quality public open space and
easy access to local stores and services. New transit-supportive and pedestrian-friendly
developments will be concentrated along existing and future transit routes. A minimum of
40 percent of all residential development occurring annually within each upper tier
municipality will be within the built up area.
The proposed development will contribute to intensification within the built boundary.
5. Official Plans
5.1 Durham Regional Official Plan
Within the Durham Regional Official Plan, the lands are part of part of the Urban System
and designated Living Area. Part of the subject lands are identified as having a Key
Natural Heritage Feature. The site has access to a Type A Arterial Road.
Living Areas incorporate the widest possible variety of housing types, sizes and tenure to
provide living accommodations that address various socio-economic factors.
Living Areas shall be developed in a compact form through higher densities and by
intensifying and redeveloping existing areas, particularly along arterial roads, and develop
with particular consideration for supporting and providing access to public transit.
By 2015, and each year thereafter, urban areas across the Region shall be planned to
accommodate a minimum 40% of all residential development occurring annually through
intensification within built-up areas.
Development or site alteration is not permitted in key natural heritage and/or hydrologic
features, including any associated vegetation protection zone, as determined by an
Environmental Impact Study.
Type `A' Arterial Roads are designed to move large volumes of traffic and predominantly
serve inter-regional and inter-municipal trips, with rigid and progressive access control.
They have a right-of-way width between 36 and 45 metres. Private access points are
generally located a minimum of 200 metres apart in Urban Areas. Mixed use and higher
density developments are permitted with shared access points. On-street parking is not
permitted and/or prohibited during peak periods. The flow, at speeds of up to 70
kilometres per hour, is uninterrupted with the exception of at signals. Type `A' Arterial
Roads connect with freeways and arterials and may serve as regional transit spines.
The application conforms to the Durham Regional Official Plan.
Municipality of Clarington
Report PSD-045-15 Page 7
5.2 Clarington Official Plan
The lands are designated Urban Residential and are within the Waverley neighbourhood.
The housing target for the neighbourhood identifies approximately 75 intensification units
by the year 2016. The proposed apartment building is an example of intensification.
Intensification units encompass all density types. The development conforms to the
housing and population targets of the Official Plan.
A woodland feature is present on the sloped area of the site. An Environmental Impact
Statement reviewing the sensitivity of the feature and anticipated impacts of development
was submitted in support of the application.
Martin Road (Regional Road 57) is a designated Type A Arterial Road which provides a
high level of services and operating speeds. One private access is allowed for every 200
metres.
Urban Design policies encourage a high quality public realm, and give priority to
sustainable design, including environment-first principles, walkability, land efficiency,
compact and connected communities and resource and energy efficiency.
Attractive and safe communities are encouraged to create a sense of place and a
diversity of built form. The built form should facilitate active transportation and public
transit.
The application conforms to the Clarington Official Plan.
6. Zoning By-law
The subject lands is currently zoned Urban Residential Type One (R1) under Zoning By-
law 84-63. The submitted application to amend the Zoning By-law is necessary to
implement the proposed apartment building use.
7. Summary of Background Studies
7.1 Planning Justification Report, D.G. Biddle &Associates Limited, July 2014
The report reviewed the proposed use of the subject site against Provincial, Regional and
Municipal planning policy and concluded that the proposed apartment use is appropriate
for the site and neighbourhood from a planning perspective. The report gives an
overview of the submitted supporting studies and highlights that detailed design plans will
be submitted with the site plan application.
The report determines that site development will not have a significant negative impact on
the surrounding natural environment or adjacent land uses and the existing arterial road
will adequately handle any increase in traffic. The apartment use will be a benefit to the
Bowmanville Urban Area in providing a broader choice in housing for residents.
Municipality of Clarington
Report PSD-045-15 Page 8
The report concludes that the proposed rezoning application and site development is
consistent with current Provincial, Regional and local planning policy and represents
good planning.
7.2 Traffic Impact Brief, Tranplan Associates, January 2014
The report found that the future site-generated traffic will have no appreciable impact on
the surrounding road network. The entrance for the site is recommended at the north end
of the property and constructed to current Region of Durham standards for a residential
entrance to a multi-lane arterial road.
The full movement site entrance will require only one inbound and one outbound lane.
The new internal site roadway will be constructed to meet local and regional standards
and will include a sidewalk to support pedestrian connectivity.
All signage and pavement markings are to be constructed in accordance with standard
design guidelines.
7.3 Environmental Impact Statement, Niblett Environmental Associates Inc., November 2013
The applicant's environmental consultant assessed the woodland and surveyed the
property for species at risk. The woodland is an isolated feature and lacks connectivity to
other features in the larger urban landscape. There are no other associated natural
heritage features present, and the woodland is not a sufficient size to be determined
significant. The consultant determined that there is no suitable habitat for any species at
risk on the property.
While the woodland feature is not deemed significant, the report highlights that the
building envelope for the apartment building will be outside the woodland. The site plan to
be submitted should retain as much tree cover as possible.
7.4 Phase One Environmental Site Assessment, Geo-logic Inc., December 2013
The property was found to have a low risk of existing soil contamination and is suitable
for future residential development. No further soil investigation is warranted.
7.5 Functional Servicing Report, D.G. Biddle & Associates Limited, July 2014, revised March
2015
The report confirms that there are existing water and sanitary services along Regional
Road 57 that can accommodate the proposed development. Regional Road 57 does not
currently have storm sewer services within the right-of-way.
The report provides preliminary details for a storm sewer connection through Rhonda
Park. Stormwater quality controls will be achieved by an oil/grit separator and Low Impact
Development techniques. Stormwater quantity will be managed by detaining stormwater
on site prior to discharging through Rhonda Park.
The detailed design during the site plan process will also implement erosion and
sediment controls.
Municipality of Clarington
Report PSD-045-15 Page 9
7.6 Geotechnical Investigation Report, Geo-logic Inc., January 2014
The report provides details of subsurface soil and groundwater conditions on the lands
and provides geotechnical recommendations regarding earthwork construction, re-use of
existing soils as backfill material, foundation and slab-on-grade design, service
installation, pavement design and slope assessment.
The consultant confirmed that the slope is considered stable at a maximum grade of
approximate 5:1 (horizontal grade: vertical grade) and determined further slope stability
study is not required.
8. Public Submissions
Prior to the Public Meeting under the Planning Act, the applicant held a Public Information
Centre on Wednesday, December 3, 2014 at the Garnet B. Rickard Recreation Facility.
Nine members of the public were in attendance, in addition to the applicant, the
applicant's Planning Consultant, Clarington Planning Staff, and the Ward 1 Local
Councillor.
The Public Meeting under the Planning Act was held on January 19, 2015. Public Notice
of the complete application and the public meeting was given by mail to each landowner
within 120 metres of the subject site and a public meeting sign was posted on the subject
lands. Eight residents contacted staff regarding the application with concerns and or
objections, however no members of the public spoke at the Public Meeting. The following
comments were collected during the public consultation phase:
• Traffic congestion, pedestrian safety and lack of signals at Hartwell/Highway 57
• Density and built form is not in keeping with existing area
• Property values may decrease
• Concern that the units would be subsidized/geared to income
• Privacy concerns
• Fencing would need to be installed
• Impacts to environment and existing vegetation
• Grading and drainage implications
• Development would increase noise impacts to neighbourhood
• Questions relating to eventual improvements to Highway 57 (Regional undertaking)
• Too little parking provided
• Driveway is too small
• Building would impede views to the west
• Owner to north requests privacy fence and minimal disruption during construction
• Positive impact to area businesses and the downtown
• Offers an affordable housing choice
• Development would help to improve the lifestyle of residents in the community
• Increases property values along Martin Road
• Built form and architectural treatment should be compatible with existing character
• Concerned about piece-meal approach to development on the east side of Martin
Road
Municipality of Clarington
Report PSD-045-15 Page 10
9. Agency Comments
9.1 Regional Planning and Economic Development
Regional Planning finds the proposed use is consistent with Provincial planning policies
and conforms to the Region of Durham Official Plan.
The site is connected to municipal water and the sanitary sewer must be extended from
Hartwell Avenue across Regional Road 57. A road widening must be provided.
Regional Works has reviewed the Traffic Impact Study and the access to the site is to be
located at the north limit of the site as shown on the site plan. Shared access points for
lands along the east side of Regional Road 57 must be considered.
The site design should consider pedestrian connectivity and relationship to Martin Road
in more detail. The Region also notes that the grading of the site should be revised to
avoid high retaining walls which would prevent any shared access arrangements with
properties to the north.
Regional Health Department has no objections provided the development is serviced by
municipal sanitary sewer and municipal water.
Durham Region Transit has no objection.
9.2 Central Lake Ontario Conservation Authority
The Conservation Authority does not object to the application and accepts the general
assumptions of the stormwater management plan, and is satisfied that a suitable storm
sewer connection is feasible for this development.
Water quality and quantity, grading, overland flow and erosion control can be finalized at
the detailed site plan stage.
The Conservation Authority accepts the findings of the environmental consultant but
requests that standard mitigation measures be prepared to minimize impacts to the
feature and its function and that the environmental consultant provide an evaluation of
the area to be disturbed for the storm sewer connection and should consider
compensation planting. The additional work required by the environmental consultant can
be finalized at the site plan stage.
9.3 Kawartha Pine Ridge District School Board
The local Public School Board has no objections to the application. Students would
attend Waverley Public School and Clarington Central Secondary School. Since the
Public Meeting, the school board has confirmed that students along Martin Road are
bussed to Waverley Public School.
Municipality of Clarington
Report PSD-045-15 Page 11
9.4 Other Agencies
Veridian, Canada Post, Enbridge and Rogers have provided no objections. Technical
comments provided have been forwarded to the applicant.
10. Departmental Comments
10.1 Engineering Services
The Engineering Services Department highlights that Regional Road 57 is under the
authority of the Region of Durham. Access and servicing must be approved by the
Region.
Engineering Services is generally satisfied with the principle of extending the storm sewer
easterly down the slope and through the park to the stormwater management pond and is
willing to consider granting an easement for construction and maintenance in favour of
the applicant. Further discussion is required with respect to the detailed design which can
be addressed at the site plan stage. A restoration planting plan will be required.
Providing suitable pedestrian connections/sidewalks will be a condition of approval from
the Municipality of Clarington in the event that the eventual reconstruction of Regional
Road 57 has not occurred prior to development of the subject lands.
Engineering requests that the developer construct a temporary municipal sidewalk
northerly from the site to Aspen Springs Drive which will provide for a signalized
pedestrian connection. The developer will be required to cover the costs of maintaining
this sidewalk until Regional Road 57 is reconstructed to a full urban standard.
Other matters to be resolved prior to final approval include cash in lieu of parkland,
entrance illumination and provision of dedicated snow storage.
10.2 Emergency and Fire Services
Fire and Emergency Services has no objection to the rezoning and advised that the Fire
Route must be shown on the site plan should approval be granted. They request
clarification on whether the building will be sprinklered. This will be dealt with during site
plan approval.
10.3 Operations Department
The Operations Department has no objection and provided comments that can be
implemented at the site plan approval stage should the rezoning be approved.
10.4 Building Division
The Building Division has no objections.
Municipality of Clarington
Report PSD-045-15 Page 12
11 . Discussion
11.1 The subject lands are within the urban area and the Official Plan policies support the
requested use. Provincial and Regional intensification policies are also supportive of the
development.
11.2 Built Form and Density
The proposed apartment building is an example of intensification. The proposed
development will be four storeys high facing Martin Road which is considered a medium
density development built form. The site density complies being 58 units per hectare.
This is appropriate given the site's location along a major arterial road and in an area
where lands will be available for redevelopment over the longer term. The development
conforms to the housing and population targets of the Official Plan.
The proposed Clarington Official Plan 2015 identifies lands on the east side of Regional
Road 57 as a Local Corridor and the apartment use will continue to conform to the
policies that promote higher densities, transit oriented development, redevelopment and
intensification.
While specific design guidelines and/or a secondary plan for this local corridor have not
been considered, Staff are satisfied that this development is an appropriate form of
intensification. Future development along the east side of Martin Road, between the
subject lands and the railway, require parcel consolidation and will be more long term.
The preparation of design guidelines and/or a secondary plan for local corridors will take
place once the new Official Plan policies are in place. However, the development will
allow for a shared access point on the east side of Martin Road. The maximum height for
a local corridor is 4 storeys therefore the proposed building will be consistent with future
intensification projects along Regional Road 57.
The proposed zoning by-law would place the subject lands in a site specific Urban
Residential Zone (Attachment 1) that will require both minimum and maximum yard
setbacks for the building, and balconies, to maintain an appropriate distance between the
building and the road. The maximum permitted height of the building will be 17.5 metres
which is measured from the lowest point of grade to the top of the flat roof.
11.3 Piece-meal Development of Corridor
Promoting a piece-meal approach to developing the corridor was raised as a concern,
however, as mentioned in Section 11.2, the subject development will set the stage for
future redevelopment opportunities to the north. The development is at the south end of
the strip of lots that have redevelopment potential and is significantly larger. This
development will serve as an anchor leading into the corridor, leading to the future GO
Transit site and both the Bowmanville West and East Town Centres.
This site is 1.29 hectares in size, while the parcels to the north, 15 in total, range in size
from 0.1 to 0.4 hectares, with a depth of approximately 50 metres. The smaller parcels
are expected to take longer to assemble and redevelop. The neighbouring parcels could
accommodate multi-residential uses at a smaller scale. Redevelopment of the existing
Municipality of Clarington
Report PSD-045-15 Page 13
lots with traditional and stacked townhouse units and smaller apartment buildings would
complement the proposed apartment building.
To address the concern of promoting a piece-meal approach to development, Staff have
prepared a preliminary concept showing one possible layout that would meet the
objectives of the new Local Corridor policies and provide limited and shared access
points through a lane system. The concept demonstrates that the subject lands are of a
sufficient size to accommodate the proposed use, does not rely on other parcels to fully
develop, nor does the proposed development negatively impact the development
potential of other lands in the area. That being said, establishing an opportunity for a
shared access point with adjacent lands will be a requirement for the subject application
and is further discussed in the following sections.
FIGURE 4: Preliminary Concept showing Shared Access and Driveways
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Municipality of Clarington
Report PSD-045-15 Page 14
11.4 Pedestrian and Vehicular Access to Regional Road 57
The findings of the traffic study have been accepted and the development will have no
appreciable impact on the surrounding road network. The entrance at the north end of the
property is supported by the Region of Durham and they identify that opportunities for
shared access points should be encouraged.
The Region of Durham is currently undertaking an Environmental Assessment for
Regional Road 57. The study commenced in December 2014 and the first Public
Information Centre was held in March 2015. Pedestrian safety and connectivity at
Hartwell Avenue was raised by attendees as a concern.
Next steps in the process include another Public Information Centre with the release of a
document outlining the preferred options, and background on the alternatives, prior to
final approval of the Environmental Assessment document. The Environmental
Assessment is expected to be finalized in late 2015/early 2016.
The Environmental Assessment will provide direction on long term pedestrian facilities
along Regional Road 57. The applicant will be required to satisfy Engineering Services
requirement to construct a temporary municipal sidewalk northerly from the site, on the
east side of Regional Road 57, to Aspen Springs Drive which will provide for a signalized
pedestrian connection. The developer will be required to cover the costs of maintaining
this sidewalk until Regional Road 57 is reconstructed to a full urban standard.
11.5 Pedestrian Connection to Rhonda Park
The subject lands are on the periphery of the neighbourhood but without ready access to
the internal facilities such as Rhonda and Waverley Park, Waverley Public School and
the Blaisdale Montessori School. It would also provide a more convenient walking route
to the Downtown. It would be desirable to allow for public access from the internal
neighbourhood as well to access transit and other amenities on Regional Road 57. The
site grades make the construction of a public trail difficult, within the constraints of this
property. This may be considered further and in particular, in consideration of future
properties being redeveloped. However, at the very least a private pedestrian trail should
be required to provide the residents of this building access to Rhonda Park. This matter
will be examined in more detail as the site plan is prepared.
11.6 Servicing
Water and sanitary services are available along Regional Road 57. Stormwater can be
accommodated by extending a storm sewer easterly down the slope and through Rhonda
Park and outlet to the existing stormwater management facility in the park. Although the
principle of this option is not opposed, prior to determining the final details, an update to
the Environmental Impact Study is required to assess impacts and propose suitable
compensation.
Municipality of Clarington
Report PSD-045-15 Page 15
11.7 Conditions to be Satisfied Prior to Removing (H) Holding Symbol
Planning Staff have considered withholding the recommendation on the Zoning By-law
Amendment until the findings of the Environmental Assessment are released and
approved. However, staff are satisfied that adding site specific conditions to be satisfied
prior to removing the (H) Holding symbol is an appropriate planning tool to ensure the
orderly development of the lands. This will allow the principle of the development to be
approved.
The Official Plan has provisions for applying and removing the Holding Symbol pursuant
to the Planning Act. Among other matters, the policies allow holding provisions to be
used to ensure measures are in place to protect natural areas; measures are in place to
mitigate the impact of development; and, the submission of any other requirements as
may be deemed necessary by Council including the implementation of the policies of the
Official Plan.
Staff recommend that in addition to the standard conditions for removing the (H) Holding
symbol such as entering into a development agreement and satisfying all financial
obligations, the following conditions must also be satisfied, through the site plan
agreement:
a) Construction of a temporary sidewalk along the east side of Regional Road 57 from
the subject site to Aspens Springs Drive if the development proceeds in advance of
the reconstruction of Regional Road 57;
b) Construction of a trail, publicly accessible if feasible, to provide a pedestrian
connection for this development to Rhonda Park, the interior of the neighbourhood
and ultimately a connection to the downtown;
c) An Environmental Impact Study addressing the proposed storm sewer connection to
Rhonda Boulevard and the pedestrian trail; and
d) An appropriate design and provision of easements to facilitate shared access
connection between the approved entrance and a minimum of four parcels to the
north
the By-law authorizing the removal of the (H) Holding Symbol be approved;
11.8 Other Site Plan Related Matters
The applicant and their consulting engineer have been notified that the preliminary
grading plan and surface parking layout is unacceptable. The plan indicates the parking
lot would be contained by retaining walls as high as 3 metres. This would severely limit
any opportunities for a shared driveway connection with lands to the north. The grading
plan needs to be revised to be sympathetic to existing grades both on and off site.
The site plan process will allow the applicant to work towards satisfying the site-specific
provisions for the removal of the Holding Symbol and to consider all other site plan review
Municipality of Clarington
Report PSD-045-15 Page 16
Items Including final building design, landscaping, entrance and site lighting. The
agreement will also contain provisions requiring a cash In lieu of parkland payment.
11.9 Staff have reviewed all public comments and all concerns have been addressed to the
extent possible. The concerns of the public will continue to be taken Into account during
the site plan review stage. Staff will consider additional elements such as screening
through landscaping and fencing; window placement; and location of loading areas, etc.
In response to concerns of neighbouring residents.
11.10 The applicant proposes to increase the height of the mutual property fence between the
subject lands and the lots fronting onto Doreen Crescent, from the maximum permitted
2.1 metres to 2,4 metres. This solution Is premature until a formal site plan application Is
received and there Is a full understanding of all Items such as grading, building design,
and landscaping.
11.11 All taxes owing to the Municipality of Clarington have been paid In full.
12, Concurrence
Not Applicable
13, Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the application to rezone the subject lands to permit an apartment building be
approved.
14. Strategic plan Application
The recommendations contained in this report conform to the Strategic Plan and will
contribute to providing a variety of affordable housing types,
Submitted by, Reviewed by:
D MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Anne Taylor Scott, Planner 11, 905-623-3379 ext, 2414 or
ata lorscott@olarInaton.not
Municipality of Clarington
Report PSD-045-15 Page 17
Attachments:
Attachment 1 — Proposed Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
John Passalacqua
Michael Fry
Colleen Lush
Rose and Norman Watkins
Michelle Hardwick
Jennifer Crespo
Suzanne Barnes
Jeff Guthrie
Ruth Kolisnyk
Dean Jacobs
Catherine Dahlke, Drew Donmoyer, Cooper Donmoyer
Henry Kortekaas Associates Inc.
Gary Scott
Ray Fadavi
Rick Vanderkooi
A Stones Throw Pub & Grill
Physio Can c/o Brenda
The Little Hair Shop c/o Joanne
Bob Wine
Jackie
H. Snyder
Joseph & Antoinette Passalacqua
Christina Tourigny
Ralph Tukker
Rachel Smida
DJC/CP/ATS/SN/df
Attachment 1 to
Municipality of Clarington Report PSD-045-15
Corporation of the Municipality of Clarington
By-law 2015-
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 2014-0013;
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 hereby amended by adding thereto, the following new Special
Exception:
"15.4.40 URBAN RESIDENTIAL EXCEPTION (R4-40) ZONE
Notwithstanding 3.16 a., 3.16 c., 15.2 a., c., g., h., and i. on those lands zoned "R2-
82" on the Schedules to this By-law shall be subject to the following zone
provisions:
a. Regulations for Apartment Buildings
i) Density (minimum) 50 units
(maximum) 75 units
ii) Yard Requirements (minimum)
a) Front Yard 6 metres to building;
4 metres to balcony;
b) Interior Side Yard 7.5 metres
c) Rear Yard 7.5 metres
iii) Yard Requirements (maximum)
a) Front Yard 9 metres to building;
7 metres to balcony
iv) Yard Requirements Exception
Notwithstanding 15.4.40 a. ii) and iii) where a building exceeds 10.0
metres in height, the minimum and maximum front yard requirements
shall increase in direct proportion to the increase in building height above
10.0 metres.
v) Building Height (maximum) 17.5 metres
vi) Indoor Amenity Space (minimum) 2.0 square metres/unit
vii) Outdoor Amenity Space (minimum) 4.0 square metres/unit
viii) In addition to the requirements of 3.16 e., a minimum of 0.25 spaces per
unit shall be provided for visitor parking.
ix) Bicycle Parking Spaces (minimum) 25% of the required parking spaces
x) Notwithstanding 15.4.40 a. viii) above, a maximum of 10% of the required
parking spaces may be tandem parking spaces. Each tandem parking
space shall be a minimum of 2.75 metres wide and 11.5 metres long and
shall be equal to 2 parking spaces. All other spaces shall be a minimum
of 2.75 metres wide and 5.7 metres wide, unless designated accessible
parking spaces.
A) The provisions of Section 3.1 j. (iv) continue to apply, except where they
are in conflict with the yard requirements for a balcony as specified in
Section 15.4.40 a. ii) and iii).
2. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Residential Type One (R1) Zone" to "Holding - Urban Residential Exception
((H)R4-40) Zone"
as illustrated on the attached Schedule `A' hereto.
2. Special Provisions for Removal of the (H) Holding Symbol
In addition to the general provisions of the Official Plan with respect to the removal
of the (H) Holding symbol, Council shall only enact a by-law to remove the (H)
Holding Symbol from the R4-40 Zone once the following additional site specific
conditions are fulfilled:
a) Construction of a temporary sidewalk along the east side of Regional Road
57 from the subject site to Aspens Springs Drive if the development proceeds
in advance of the reconstruction of Regional Road 57;
b) Construction of a trail, publicly accessible if feasible, to provide a pedestrian
connection for this development to Rhonda Park, the interior of the
neighbourhood and ultimately a connection to the downtown;
c) An Environmental Impact Study addressing the proposed storm sewer
connection to Rhonda Boulevard and the pedestrian trail; and
d) An appropriate design and provision of easements to facilitate shared access
connection between the approved entrance and a minimum of four parcels to
the north
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 of the Planning Act.
By-Law passed in open session this day of , 2015
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2015- ,
passed this day of 12015 A.D.
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Attachment 2 to
Municipality of Clarington Addendum to Report PSD-045-15
Corporation of the Municipality of Clarington
By-law 2015-
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 2014-0013;
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 hereby amended by adding thereto, the following new Special
Exception:
"15.4.40 URBAN RESIDENTIAL EXCEPTION (R4-40) ZONE
Notwithstanding 3.16 a., 3.16 c., 15.2 a., c., g., h., and i. on those lands zoned "R2-
82" on the Schedules to this By-law shall be subject to the following zone
provisions:
a. Regulations for Apartment Buildings
i) Density (minimum) 50 units
(maximum) 75 units
ii) Yard Requirements (minimum)
a) Front Yard 6 metres to building;
4 metres to balcony
b) Interior Side Yard 7.5 metres
c) Rear Yard 7.5 metres
iii) Yard Requirements (maximum)
a) Front Yard 9 metres to building;
7 metres to balcony
iv) Building Height (maximum) west building facade 13.2 metres
v) Indoor Amenity Space (minimum) 2.0 square metres/unit
vi) Outdoor Amenity Space (minimum) 4.0 square metres/unit
vii) In addition to the requirements of 3.16 e., a minimum of 0.25 spaces per
unit shall be provided for visitor parking.
viii) Bicycle Parking Spaces (minimum) 25% of the required parking spaces.
ix) Notwithstanding the requirements of 3.16 e, a maximum of 10% of the
required parking spaces may be tandem parking spaces. Each tandem
parking space shall be a minimum of 2.75 metres wide and 11.5 metres
long and shall be equal to 2 parking spaces. All other spaces shall be a
minimum of 2.75 metres wide and 5.7 metres wide, unless designated
accessible parking spaces.
x) The provisions of Section 3.1 j. (iv) continue to apply, except where they
are in conflict with the yard requirements for a balcony as specified in
Section 15.4.40 a. ii) and iii).
2. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Residential Type One (R1) Zone" to "Holding - Urban Residential Exception
((H)R4-40) Zone"
as illustrated on the attached Schedule `A' hereto.
3. Special Provisions for Removal of the (H) Holding Symbol
In addition to the general provisions of the Official Plan with respect to the removal
of the (H) Holding symbol, Council shall only enact a by-law to remove the (H)
Holding Symbol from the R4-40 Zone including a site plan agreement that provides
for:
a) A driveway location that aligns opposite to Hartwell Avenue, being the
location of future traffic signals to the satisfaction of the Region of Durham
Works Department and the Clarington Engineering Services Department;
b) Construction and maintenance of a temporary sidewalk along the east side of
Regional Road 57 from the subject site to Aspen Springs Drive if the
development proceeds in advance of the reconstruction of Regional Road 57,
including the recommended signalization of Hartwell Avenue;
c) Dedication of lands east of the development area to allow for a future public
pedestrian connection to Rhonda Park (approximately 0.6 hectares);
d) Undertaking and implementing a scoped Environmental Impact Brief that
addresses the proposed storm sewer connection and provides standard
mitigation measures; and
e) An appropriate design and provision of easements to facilitate shared access
connection between the approved entrance and a minimum of four parcels to
the north.
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 of the Planning Act.
By-Law passed in open session this day of 2015
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2015- ,
passed this day of , 2015 A.D.
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Adrian Foster,tut ayor C.Anne Greentree, Municipal Clerk
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