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HomeMy WebLinkAboutPSD-035-18Clarftwn Planning Services 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: April 23, 2018 Report Number: PSD -035-18 Resolution Number: PD -075-18 File Number: ZBA2017-0003 By-law Number: Report Subject: Application by Fifty Five Clarington Ltd. & MODO Bowmanville Towns Ltd. (Kaitlin) to rezone lands to permit two 12 -storey apartment buildings containing 434 dwelling units at 51 & 55 Clarington Boulevard, Bowmanville Recommendations: That Report PSD -035-18 be received; 2. That the Zoning By-law Amendment application (ZBA 2017-0003) submitted by Fifty Five Clarington Ltd. and MODO Bowmanville Towns Ltd. (Kaitlin) be approved as contained in Attachment 1 to Report PSD -035-18; 3. That once all conditions contained in the Official Plan and the Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, 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 -035-18 and Council's decision; and 5. That all interested parties listed in Report PSD -035-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -035-18 Report Overview Page 2 This is a recommendation report for approval of the application by Fifty Five Clarington Ltd. and MODO Bowmanville Towns Ltd. (Kaitlin Corporation) for lands located at 51 and 55 Clarington Boulevard in Bowmanville West Urban Centre. The recommended Zoning By-law Amendment for this property, in conformity with the Official Plan and Bowmanville West Town Centre Secondary Plan, permits the current development plan for 12 storey apartment buildings, containing a total of 434 dwelling units. 1. Application Details 1.1 Owner/Applicant: 1.2 Proposal: 1.3 Area of Subject Lands: 1.4 Location: 1.5 Roll Number: 1.6 Within Built Boundary: 2. Background Fifty Five Clarington Ltd. and MODO Bowmanville Towns Ltd. (Kaitlin Corporation) Rezoning To rezone the lands to permit two 12 storey apartment buildings, both with underground parking, as follows: x 302 units at 51 Clarington Boulevard; and x 132 units at 55 Clarington Boulevard. 1.82 hectares 51 and 55 Clarington Boulevard (Part of Lot 16, Concession 1, former Township of Darlington) 1817 010 020 17280 and Part of 1817 010 020 16800 Yes 2.1 The original application was deemed complete on March 14, 2017 and circulated to staff and agencies for comments. The original proposal was to rezone the lands to permit two 6 storey apartment buildings containing a total of 201 dwelling units in two 6 storey buildings as follows: x Building at 51 Clarington Boulevard: 136 units with surface parking; x Building at 55 Clarington Boulevard: 65 units with underground parking; 2.2 The Public Information Centre and Public Meeting to consider the original proposal were held on May 4, 2017 and May 15, 2017, respectively. Municipality of Clarington Report PSD -035-18 Page 3 2.3 A revised application for 434 units came forward following discussions assessing opportunities for higher densities for the Bowmanville West Urban Centre and Transportation Hubs, given the site's close proximity to the future GO Train Station in Bowmanville as shown on Figure 1. kv 01'� _ r ^ v■ Z s r v� Zr i> Q Y Y L Existing Commercial Uses LLJ 2f U O ,. IAM S ULEVARD Z i Existing GO o ::M Site m77 j� = Mumcipal*�,��.�» Parkette :,� Proposed — --Townhouse= — Devel .- ent =_ (112 units) FED EXTENSION OF CLARINGTON BLVD- Future GO *�• , Site a�rir . q Q Revised Townhouse - Approved Apartment Ir and Apartment Proposal Under Construction` SO�� kxisting pw(414Uni#w oP Subject Lands Park FRY GRES ZBA'2017000!,v .,SPA 2017-00055 , Figure 1: Key Map 2.4 The following studies were submitted in support of the application, and updated accordingly to reflect the revised submission. These studies are summarized in Section 7 of this report: x Archaeological Assessment x Phase 1 Environmental Site Assessment x Urban Design Justification Report (including Sustainablity Measures) x Functional Servicing and Storm Drainage Report x Traffic Study x Shadow Study x Noise and Vibration Feasibility Study Municipality of Clarington Report PSD -035-18 Page 4 2.5 The applicant hosted a second Public Information Centre on February 15, 2018, and the statutory Public Meeting was held on March 12, 2018. All public comments and submissions are summarized in Section 8 of this report: 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are currently vacant (Figure 2). Construction crews are onsite extending Clarington Boulevard and completing preliminary servicing and grading work related to the subdivision. (Figure 3). No significant vegetation is present on the site. An informal pedestrian connection crosses the site and provides a connection south of the railway. 3.2 The surrounding uses are as follows: North - Municipal parkette block and existing commercial development. South - CP Railway; existing low-rise apartment buildings along Aspen Spring Drive. East - Existing retirement home and apartment building. West - Proposed medium density townhouse development. Figure 2: South View of Subject Lands 4. Provincial Policy Provincial Policy Statement 4.1 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. 4.2 Opportunities for redevelopment and intensification must be promoted. Municipalities must provide a variety of housing types and densities, and a range of housing options that are affordable to the area residents. Municipality of Clarington Report PSD -035-18 Page 5 4.3 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. 4.4 The applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.5 The subject lands are located within the defined Built Boundary of Bowmanville. 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. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built up area. 4.6 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. 4.7 The Growth Plan provides for higher density targets along transit corridors and around transit stations, including the subway network, light rail lines, bus rapid transit routes and the GO Transit network. 4.8. Major transit station areas on priority transit corridors, will be planned in a transit - supportive manner that maximizes the size of the area and the number of potential transit users that are within walking distance of the station. A major transit station area is generally defined as the area within approximately 500 metre radius of a transit station, representing about a 10 minute walk. 4.9 Major transit station areas will be planned for a minimum density target of 150 residents and jobs combined per hectare for those that are served by the GO Transit rail network. 4.10 Within major transit station areas on priority transit corridors, land uses and built form that would adversely affect the achievement of the minimum density targets in the Growth Plan will be prohibited. 4.11 Public transit will be the first priority for transportation infrastructure planning and investments. Decisions on transit planning and investment will be made based on many factors including the following: x Supporting the transit priorities identified in the Plan, including the GO Rail extension to Bowmanville; x Prioritizing areas with existing or planned higher residential or employment densities to optimize return on investment and the efficiency and viability of existing and planned transit service levels; Municipality of Clarington Report PSD -035-18 Page 6 X Increasing the capacity of existing transit systems to support strategic growth areas; and x Expanding transit service to areas that have achieved, or will be planned to achieve, transit -supportive densities and provide a mix of residential, office, institutional and commercial development. 4.12 The application conforms to the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The subject lands are within a Regional Centre. Regional Centres provide a full array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office uses. Regional Centres function as places of symbolic and physical interest for the residents, and shall provide identity to the area municipalities within which they are located. 5.2 Regional Centres shall support an overall, long-term density target of at least 75 residential units per gross hectare and a floor space index of 2.5. Gross densities are measured over the entire Secondary Plan area, including roads, parks and other infrastructure. 5.3 Development in Regional Centres shall be based on the following principles: x Compact urban form which is transit -supportive; x Provides a mix of uses and opportunities for intensification; x Follows good urban design principles with focus on public spaces and pedestrian connections, with parking sited to the rear or within buildings; and x Enhances grid connections for pedestrians and cyclists. 5.4 The Bowmanville Regional Centre is designated as a Transportation Hub. A Transportation Hub is a major destination and facilitates transfers between different modes of transit service. Development within approximately 500 metre radius or 10 minute walk should be mixed use or at higher density to support future transit services. 5.5 The lands are within the Built Boundary. On an annual basis, a minimum of 40 percent of all residential development is to occur through intensification inside the Built Boundary. The Clarington urban areas shall be planned to accommodate a minimum 32 percent of all residential development occurring annually through intensification within the built-up area. Regional Centres and Transportation Hubs to be a key focus of intensification. 5.6 The application conforms to the Regional Official Plan. Municipality of Clarington Report PSD -035-18 Page 7 Clarington Official Plan 5.7 The Clarington Official Plan designates the subject lands Urban Centre. Urban Centres shall be comprehensively developed to provide residential and/or mixed use developments in order to achieve higher densities, transit oriented development and reinforce the objective of having a diverse mix of land uses. Urban Centres will be planned and developed as a centre providing the highest level of retail and service uses and are the primary focal point of cultural, community, recreational and institutional uses in Clarington. Bowmanville is the predominant Urban Centre in Clarington. 5.8 The Bowmanville GO Rail Station is identified as a Transportation Hub. The lands around it are to develop as a mixed use, higher density place. The Clarington Official Plan requires Transportation Hub areas to be developed at a net density of 200 units per hectare. The Official Plan states that the Municipality will work in partnership with the Province and the Region to provide a transit -supportive environment including directing density to Transportation Hubs, the Regional Transit Spine and Regional and Local Corridors. 5.9 Core objectives of the Official Plan are to encourage transit -supportive, mixed use and compact urban form in Priority Intensification Areas, which the subject lands are a part of. Available and planned public infrastructure should be used efficiently. Lands within the broader Urban Centre are to develop to a minimum net density of 120 units per hectare. Mixed-use and apartment buildings are to be the predominant form, ranging in height from 4 to 12 storeys. 5.10 The lands are located within the Built Boundary. The Municipality has an intensification target of at least 32% of all new residential units within the Built-up Area up to the year 2021, increasing to 40% thereafter to the year 2031. For Bowmanville, this means 4,150 new intensification units by the year 2031. The Bowmanville Urban Centres are identified as Priority Intensification Areas. 5.11 The Bowmanville West Urban Centre has a housing target by 2031 of approximately 3,000 units, including approximately 2,557 high density and 484 medium density units. 5.12 The development must satisfy the Official Plan's comprehensive Urban Design policies that 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. 5.13 The Municipality is in the process of updating the Secondary Plans to bring them into conformity with this Plan. Where there is a conflict or inconsistency with the parent Plan, the Secondary Plan will prevail, unless the conflict is associated with the density and intensification policies of the parent Plan, in which case the parent Plan shall prevail. 5.14 The application conforms to the Clarington Official Plan. Municipality of Clarington Report PSD -035-18 Page 8 Bowmanville West Town Centre Secondary Plan 5.15 The subject lands are designated as Midrise High Density Residential and Medium Density Residential in the Bowmanville West Town Centre Secondary Plan. The Midrise High Density designation allows for residential development having a net density between 50 and 300 units per hectare. Permitted dwelling types include apartment buildings up to 12 storeys in height. The westerly portion of the site, owned by MODO Bowmanville Towns Limited, is designated Medium Density Residential for development between 31 and 60 residential units per net hectare. 5.16 The Bowmanville West Town Centre Secondary Plan contains detailed Urban Design policies, including an Urban Design Guidelines and policies specific to residential buildings and site layout. 5.17 The Secondary Plan is currently in the process of being updated in 2018 to conform to the new Clarington Official Plan, as amended by OPA 107. 5.18 The application conforms to the Bowmanville West Town Centre Plan. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. A rezoning is required to permit the proposed apartment buildings. 7. Summary of Background Studies Urban Design Justification Report 7.1 The Urban Design Report was updated to reflect the 12 storey proposal. The site design meets design guidelines of the existing Bowmanville West Town Centre Secondary Plan. The buildings contribute to a compact urban and pedestrian oriented built form, provide access to transit, integrate pedestrian and vehicular access with the adjacent community and contribute to the continuity of the building fagade along the street. Parking is predominantly located to the rear and in an underground parking garage. 7.2 Building orientation design, entrances, private and common amenity space, parking areas and landscaping, services and utilities have been planned and designed to meet the specific site and building design policies for residential projects in the West Town Centre. 7.3 Energy conservation and sustainable development techniques such as planning for electric vehicle charging stations, water efficient plumbing, recommended building materials and glazing requirements have been provided and would be further implemented at the site plan stage. Municipality of Clarington Report PSD -035-18 Functional Servicing and Storm Drainage Report Page 9 7.4 The report identifies that the site can be serviced by the extension of sanitary and water services that will be constructed within Clarington Boulevard. A trunk sanitary and storm sewer is proposed to be extended beneath the railway and cross the site in a municipal easement. 7.5 Stormwater will be conveyed via the existing storm sewer. Quality and quantity controls are provided for in the Aspen Springs Stormwater Management Facility. Traffic Study 7.6 Studies from 2016 and 2017 submitted with subdivision application S -C-2016-0001 assessed the new Kaitlin developments referred to as MODO North and MODO South, and the original 6 storey concept for the subject lands. 7.7 The study was revised to consider the 12 storey development containing 434 units. The reports find that intersection capacity and peak volumes will have an acceptable level of impact on road network. No mitigation measures are recommended to support the proposed Kaitlin projects, including the 12 storey apartment development. Noise and Vibration Feasibility Study 7.8 The report assessed impact from noise and vibration generated by the railway. 7.9 Since the railway is on top of a berm in this area, further discussion will be required during the site plan and building design stage to ensure the at -grade outdoor amenity areas can be protected from noise in accordance with Ministry of Environment and Climate Change regulations. All residential units will require air conditioning units to ensure windows can remain closed during summer months. 7.10 The study acknowledges that building construction materials and glazing must be built to a standard that mitigates noise within the building. This will be further refined during the site plan approval and detailed design stage of the building. 7.11 Warning clauses will be required in agreements of purchase and sale to advise future residents of noise generated by the railway and of noise attenuation measures that are in place. 7.12 The study does not identify any impacts from vibration, therefore mitigation is not required. Municipality of Clarington Report PSD -035-18 Page 10 Shadow Study 7.13 An updated shadow study identifies that early morning shadows will extend north of Clarington Boulevard during the spring, fall and winter months. This will impact the front yards of units along Clarington Boulevard for some of the MODO North units. The front yards on the MODO North units are not considered to be usable amenity space. Rear yard decks (on the north side of the townhouse units) will experience shadowing from the top floor of the townhouse unit itself, not the proposed apartment building. Shadows diminish by midday in all instances. 7.14 Shadows to the east toward Seasons Retirement Home will be cast mid to late afternoon during the spring, fall and winter months. 7.15 There will be no shadow impacts to the south and very minimal impacts to the west toward the MODO South lands. Archaeological Assessment 7.16 Based on preliminary screening of the site, a Stage 2 Archaeological Assessment is required to determine potential archaeological resources. Environmental Site Assessment 7.17 The report finds that the site does not exhibit any areas of concern from an environmental perspective. 8. Public Notice and Submissions 8.1 Notice of both Public Information Centres and both Public Meetings were mailed via Canada Post. Details of the application were also included on the municipal website and in the Planning Services Department E -update. 8.2 The second Public Information Centre relating to the revised proposal was held February 15, 2018 at the Church of Jesus Christ of Latter Day Saints on Highway 2 in Bowmanville. Seven area residents attend the Public Information Centre. Three residents spoke at the Public Meeting held on March 12, 2018. 8.3 Generally comments of concern were received regarding height and density and the ability for the area to accommodate growth. Other comments received relate to traffic, parking, and noise impacts from additional development, negative impact to property values and ensuring the provision of open space for children to play. 8.4 Comments were received in support of more rental and more affordable housing, and in support of the development being completed sooner than the anticipated timeframe for completion (approximately four years). Municipality of Clarington Report PSD -035-18 Page 11 8.5 The neighbouring owner of the commercial plaza requests acknowledgement that the subject lands are adjacent to a commercial site with commercial access and traffic, including future redevelopment opportunities at the former Target Store. A standard condition of approval will be included in site plan conditions to address this concern. 8.6 Of the 300 households and businesses contacted, only three residents appeared to express concerns at the public meeting. 9. Agency Comments Regional Planning 9.1 Regional Planning has no objections to the application or the proposed density, however the Region encourages mixed used buildings with office and retail uses, in addition to purpose-built rental buildings and affordable housing. 9.2 Regional Works has not identified any significant limitations to servicing for this project. The Region acknowledges that further assessment of sanitary sewer and water services and capacities will take place during the update to the Bowmanville West Urban Centre Secondary Plan. 9.3 Municipal waste pickup requires the site plan to meet Regional Guidelines, including minimum drive aisle widths of 6.5 metres and turning radii of 12 metres. Central Lake Ontario Conservation Authority 9.4 CLOCA has no objection to the rezoning. Technical stormwater management comments were provided to the applicant. CLOCA will continue to be part of the site plan review process. Canadian Pacific Railway 9.5 CP Railway commented on the original proposal and has no objections to the application provided CP principal main line requirements are satisfied and implemented through the site plan. CP supports the implementation of the recommendations of the noise impact study. Metrolinx 9.6 Metrolinx noted CP Railway is the primary commenting agency and provided recommended warning clauses to be included in future development agreements and purchase and sale agreements regarding the future location of GO Transit facilities in the railway corridor. Other Agencies 9.7 Durham Regional Transit, Canada Post, Rogers, and Enbridge have no objections to the development. Staff forwarded technical comments to the applicant. Municipality of Clarington Report PSD -035-18 10. Departmental Comments Engineering Services Page 12 10.1 Engineering Staff concur with the findings of the Traffic Impact Study however through the site plan approval process, staff will be further involved in on-site driveway design and configuration of the westerly access which is a shared access with the MODO Sough lands. 10.2 The Functional Servicing Report is satisfactory. Financial contribution for post development cleaning of the stormwater management pond may be necessary. 10.3 General comments relating to site alteration, entrance works, revisions to the grading plan, road occupancy and excavation, securities and deposits will be forwarded to the applicant and implemented through the site plan process. Building Division 10.4 The Building Division has no objections to the rezoning and has provided detailed building code related comments for consideration as part of the site plan review. Fire and Emergency Services 10.5 Fire and Emergency Services has no objections to the rezoning and has provided detailed requirements for hydrants and fire routes to be finalized at the site plan stage. Operations Department 10.6 The Operations Department has no objection to the proposed rezoning and site plan. Accessibility Committee 10.7 Planning Staff met with the Accessibility Committee to review the application. The Committee provided comments on the development to Planning Staff and these will be forwarded to the applicant for their consideration and action as part of the site plan review process. 11. Discussion Implementing the Bowmanville West Urban Centre Vision 11.1 This site is located within the Bowmanville West Urban Centre. In the existing Secondary Plan, the majority of the site has been designated for high density development, permitting up to 12 storeys and 300 units per hectare. 11.2 The revised development would generate a density of 238 units per net hectare, versus the original proposal that had a density of approximately 110 units per hectare. A perspective drawing of the proposal is included as Figure 4, below. Municipality of Clarington Report PSD -035-18 Figure 4: Perspective Image of Proposed 12 Storey Buildings Page 13 11.3 The revised density and height is consistent with the policy direction of the Provincial Growth Plan, the Regional Official Plan and new Clarington Official Plan that requires 200 units per net hectare around GO Station areas. This projects makes a significant contribution to integrate land use and transit infrastructure planning. Implementing Urban Design Objectives 11.4 The proposal meets key urban design criteria for Regional Centres and Priority Intensification Areas including: x building sited to create a strong street edge; x entrances are clearly visible and directly accessible to the municipal sidewalk; x buildings would enhance the built environment with attention to massing, building articulation and building materials; and x adequate light and privacy for building occupants and adjacent properties. Urban design issues will be further reviewed at the site plan stage. Secondary Plan Update 11.5 Although the Secondary Plan update for the Bowmanville West Urban Centre has only recently commenced, this project implements the scale of development appropriate for the predominant Urban Centre, increases the diversity of housing types and generally meets the urban design goals of the Official Plan. Approval of the proposal at this time is not considered to jeopardize the update to the Bowmanville West Urban Centre Secondary Plan. Municipality of Clarington Report PSD -035-18 Page 14 Traffic and Parking 11.6 Several residents raised general concerns regarding growth and traffic in the area. Traffic will be at higher levels since this area is planned as the focal point of growth in the community. Over time, roads and intersections have been and will continue to be built and improved to provide for a grid system to disperse traffic easier. One resident, who was not concerned by the density, suggested a roundabout to improve the flow of traffic. A roundabout will be constructed this year at Green Road as it intersects with Clarington Boulevard and Boswell Avenue. In the future traffic lights will be installed at Green Road and Prince William Boulevard intersection. 11.7 Transit and active transportation will also be improved. The active transportation network is one focus of the Secondary Plan study which is getting underway. 11.8 The commercial and institutional uses are also key traffic generators. With residents in close proximity to these services and facilities, walking and other active transportation become much more feasible. 11.9 One resident expressed concerns that there wouldn't be sufficient parking. Apartment buildings do not have the parking issues that some townhouse projects have had. Sufficient on-site parking will be provided in accordance with the Municipality's Zoning By-law. Given the location within the urban centre with access to nearby amenities, car ownership may even be less than provided for. Increasing Housing Diversity 11.10 Clarington has been a community where new development has largely comprised of ground related housing, predominantly single detached dwellings. Few apartments have been constructed in the last 25 years. Several residents have expressed a desire for these units to be built as soon as possible. There is very limited opportunity for apartment units in such close proximity to so many services and facilities. Apartment units provide for housing for persons with mobility challenges with a range of incomes and suitable cross many stages of life. Recommended Zoning By-law Amendment 11.11 A site specific Urban Residential Type Four (R4) Zone is recommended. The R4-44 Zone would permit a minimum net density of 200 units per hectare and a minimum height of 12 storeys which will conform to both the Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan. 11.12 A site specific modification to front yard setback from 7.5 metres to 6 metres is provided, and the buildings will have a minimum side yard setback of 9 metres. Special provisions relating to indoor and outdoor amenity space and drive aisle width to accommodate municipal waste pickup are also provided. 11.13 The current site plan shows that the current Zoning By-law requirements for resident and visitor parking can be satisfied therefore no site specific parking regulations are required. Municipality of Clarington Report PSD -035-18 Page 15 11.14 The development proposal can satisfy the standard R4 regulations in all other respects, including lot coverage, setback from the railway and landscape open space, Special Conditions for Removal of the Holding Symbol 11.15 Special terms and conditions are to be drawings and the site plan agreement. Removing the Holding Symbol: implemented through the approved site plan The following must be addressed prior to x Archaeological clearance to satisfaction of the Ministry of Tourism Culture and Sport. x An updated Noise and Vibration Impact Study prepared to the satisfaction of CP Railway and Metrolinx and inclusion of any recommendations and mitigation techniques in the site plan design and development agreement to the satisfaction of the Region of Durham. x Updated Phase 1 Environmental Site Assessment and sign off from Qualified Professional for Environmental Site Assessment to the satisfaction of the Region of Durham. 11.16 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 rezoning application to permit a multi -unit residential development in the Bowmanville West Urban Centre by Fifty Five Clarington Ltd. And MODO Bowmanville Towns Ltd. (Kaitlin) be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Municipality of Clarington Report PSD -035-18 Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Page 16 z -r-_ Reviewed by: Andrew C. Allison, B.Comm, LL.B Chief Administrative Officer Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott(a)-clarington.net ATS/CP/DJC/nl Attachments: Attachment 1 — Proposed Zoning By-law Amendment The following is a list of the interested parties to be notified of Council's decision: Enzo Bertucci Ken &Irene Pattison C. Brown Leigh Taylor Beth Kelly Laura Labine Joseph Doyle Edward Johns Chris Ball Jim Scarth Shane Stagg Gina Stewart Joan and Fred Johns Rob & Amy Wilson Pauline Couccio Anne Mason I:\ADepartment\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0003 55 Clarington Blvd\Staff Report\Apr 23 2018 Recommendation\PSD-035-18 Recommendation Report.Docx Attachment 1 to Report PSD -035-18 Corporation of the Municipality of Clarington By-law Number 2018 - 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 2017-0003; 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: 15.4.44 Urban Residential Exception (R4-44) ZONE Notwithstanding 3.16 d., 15.2 a., 15.2 c. i) and ii), 15.2 g., 15.2 h., and 15.2 i., those lands zoned "R4-44" on the Schedules to this By-law shall subject to the following zone provisions: a. Density i) minimum ii) maximum b. Yard Requirements (minimum) Front Yard ii) Interior Side Yard C. Height (maximum) d. Height (minimum) e. Parking Aisle Width (Minimum) f. Parking Structure Regulations (minimum) i) Setback from property line (minimum) 200 units per net hectare 240 units per net hectare 6 metres 9 metres 12 storeys 10 storeys 6.5 metres 0.5 metres ii) No portion of the underground parking structure, above finish grade, shall be located within the front yard or exterior side yard, with the exception of air intake or exhaust shafts not exceeding 0.5 metres above finished grade. Bicycle Parking (minimum) i) 0.5 space per dwelling unit ii) 75% of the required spaces shall be within a building or structure. Minimum indoor amenity space 2 square metres per unit k. Minimum outdoor amenity space 4 square metres per unit Any communication equipment other than an antenna must be contained within the building or mechanical penthouse." 2. Schedule '3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R4-44) Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule 'A' attached hereto shall form part of this By-law. 4. Special provisions for removing the (H) Holding Symbol from the R4-44 Zone. 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 R4-44 Zone when: a) Durham Region provides clearance with respect to the Environmental Site Assessment, Archaeological Study, and Noise Study; 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By -Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D. z O a � O z tx Q z U U LU ry (D PRINCE WILLIAM BOULEVARD CLARINGTON BOULEVARD 0 w PG\F�G C7 GA�AO\P�P Zoning Change From "A" To "(H)R4-44" N Bowmanville . ZBA 2017-0003 • Schedule 3 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk