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Report To: Planning and Development Committee
Date of Meeting: April 23, 2018
Report Number: PSD -036-18 Resolution Number: PD -076-18
File Numbers: ZBA 2015-0022 By-law Number:
(Cross-reference SPA 2015-0022)
Report Subject: A revised rezoning application by 1891211 Ontario Limited to permit
three apartment buildings containing 425 dwelling units,
Bowmanville West Urban Centre
Recommendations:
That Report PSD -036-18 be received;
2. That the application to amend the Zoning By-law submitted by 1891211 Ontario Limited
be approved and that the Zoning By-law contained in Attachment 2 to Report PSD -036-18
be passed;
3. That once all conditions contained in the Official Plan 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 -036-18 and Council's
decision; and
5. That all interested parties listed in Report PSD -036-18 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -036-18
Report Overview
Page 2
This report recommends the approval of an application by 1891211 Ontario Limited for
lands located at the southeast corner of Regional Road 57 and King Street West in
Bowmanville. The current development plan is for three apartment buildings, between 6
and 12 storeys, containing a total of 425 dwelling units. It conforms to the Official Plan
and Bowmanville West Town Centre Secondary Plan.
1. Application Details
1.1 Owner/Applicant:
1.2 Agent:
1891211 Ontario Limited
YYZed Project Management
1.3 Proposal: Rezoning application to permit three apartment
buildings, between 6 and 12 storeys, containing a
total of 425 dwelling units
1.4 Density
1.5 Area:
1.6 Location:
1.7 Roll Number:
2.
2.1
Within Built Boundary
Background
148 units per net hectare
2.87 hectares
Part of Lot 14, Concession 1, Former Town of
Bowmanville
215, 219 & 223 King Street West, Bowmanville
1817 020 010 08410
Yes
The subject applications and supporting studies have been under review since
late December 2015. The following is a chronology of the applications:
Activity
Date
Application for 6 storey development deemed complete
December 8, 2015
Public Information Centre hosted by Applicant
January 28, 2016
Statutory Public Meeting held by Council
February 22, 2016
Revised Application for development up to 12 storeys
received
August 16, 2017
Second Public Meeting held by Council
October 2, 2017
Municipality of Clarington
Report PSD -036-18
Page 3
2.2 The first Public Meeting report (PSD -017-16), identified traffic and access
identified as major issues to address. Figure 1 illustrates the Original Concept
Plan. As a result of Engineering staff's request that the entrance be signalized,
and spacing requirements for signalization, the proposed access to King Street
had to shift approximately 30 metres to the east.
2.3 Moving the access resulted in a major revision to the plan. The revised plan was
submitted to address other comments relating to servicing and grading, urban
design and site layout to avoid significant noise barriers adjacent to the railway.
The revision to the built form did not significantly change the density of the
project, but the height of the buildings are now between 6 and 12 storeys,
compared to the original plan for three buildings, all six storeys in height. A
second public meeting was held on October 2, 2017 to consider the major
revision shown on Figure 2 and summarized below:
Original Application
Second Submission
Three Apartment Buildings
(Six storeys each)
Three Apartment Buildings
between 6 and 12 storeys
Total: 414 units
Total: 425 units
2.4 Following the second Public Meeting held on October 2, 2017, the application
continued to address the major issues in order to support the rezoning. At this
time, all review agencies and staff have no objection to the approval of the zoning
by-law amendment, and will continue to be involved during the site plan process.
This report highlights the issues that have been resolved in order to support the
rezoning, versus the design details that will be refined during the site plan
approval stage.
2.5 The site benefits from a prominent location at the southeast corner of Regional
Road 57 and King Street West in Bowmanville. The designation permits high
density residential development and is a key site in the West Town Centre of
Bowmanville. The proposed revised site plan and perspective drawing are
included as Figure 3 and 4, respectively.
2.6 The following studies were submitted in support of the proposed rezoning
application and concurrent site plan application and are summarized in Section 7:
x Functional Servicing Report
x Transportation Study
x Noise and Vibration Impact Study
x Urban Design Brief
x Energy Conservation and Sustainability Plan
x Stage 1-3 Archaeological Assessment
x Geotechnical Investigation
x Phase 1 Environmental Site Assessment
Municipality of Clarington
Report PSD -036-18
Figure 1: Aerial Photograph showing Original Concept Plan
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Figure 2: Aerial Photograph showing Revised Concept Plan (Access shifted east 30 m)
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Figure 2: Aerial Photograph showing Revised Concept Plan (Access shifted east 30 m)
Municipality of Clarington
Report PSD -036-18
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Page 5
2 Store Arne-nity Space
12 Storey 9 Storey 8 Storey 6 Storey 4 Storey
Figure 3: Proposed Site Plan
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Figure 4: Building Perspective Drawing
Municipality of Clarington
Report PSD -036-18 Page 6
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located at the southeast corner of Regional Road 57 and
King Street West in Bowmanville. The triangular-shaped parcel is bounded by the
CP Railway to the south and is relatively flat. The railway is well below the road
grade at the west end where it goes under Regional Road 57, while it is well
above the grade of King Street West at the east end of the site. Vegetation on
the site has regenerated over time, and is not identified as a significant natural
heritage resource.
3.2 The surrounding uses are as follows:
North - Liberty Pentecostal Church
South - CP Railway; existing residential development
East - CP Railway overpass at King Street West; existing residential
development
West - Future Retail/Commercial Development
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.
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.
Municipality of Clarington
Report PSD -036-18
Page 7
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;
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 applications conform to the Growth Plan.
Municipality of Clarington
Report PSD -036-18 Page 8
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. The subject lands are also
located along a Transit Spine, being the Highway 2/King Street corridor.
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 Transit Spines facilitate inter -regional and inter -municipal transit services along
arterial roads (GO Transit), and intersect with local transit services (Durham
Regional Transit). Development along Transit Spines shall provide for
complimentary higher densities and mixed uses.
5.6 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.
Municipality of Clarington
Report PSD -036-18
Page 9
5.7 Since the site is bound by Regional Road 57 and King Street West (both
identified as arterial roads) and the railway to the south, noise and vibration
impacts must be mitigated in accordance with Ministry of Environment guidelines.
5.8 The subject application conforms to the Regional Official Plan.
Clarington Official Plan
5.9 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.
5.10 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.
5.11 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.
5.12 The site is within a Prominent Intersection and must also 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 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.
Municipality of Clarington
Report PSD -036-18 Page 10
5.14 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.
5.15 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.
5.16 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.
5.17 Regional Road 57 and Durham Highway 2/King Street West are identified as
arterial roads consistent with the Durham Regional Official Plan.
5.18 The subject application conforms to the Clarington Official Plan.
Bowmanville West Town Centre Secondary Plan
5.19 The subject lands are designated as Office Commercial in the Bowmanville West
Town Centre Secondary Plan. The designation allows for residential
development up to a maximum density of 150 units per hectare. The policies do
not require the integration of retail and service uses within the residential
development at this location, however, providing a mix of uses is encouraged.
5.20 In addition to the Urban Design and Town Centre policies that give direction to
site plan design, the Bowmanville West Town Centre Secondary Plan contains
detailed Urban Design policies, including an Urban Design Guideline, and
policies specific to apartment buildings.
5.21 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. The
proposed Zoning By-law Amendment conforms to the Bowmanville West Town
Centre Secondary Plan.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands Agricultural (A). A rezoning is
required to place the lands in an appropriate urban zone to permit the apartment
buildings.
Municipality of Clarington
Report PSD -036-18
7. Summary of Background Studies
Functional Servicing Report
Page 11
7.1 The existing sanitary sewer south of the site along King Street West (Old
Highway 2) is proposed to be extended beneath the railway and extended to the
south side of existing King Street West. The buildings will connect to this new
extension of sanitary sewer that will cross the site.
7.2 Water services are available along the east side of Regional Road 57. The report
has demonstrated that there is sufficient supply and pressures for consumption
and for fire suppression for each building.
7.3 The stormwater management proposal is to convey stormwater underneath the
CP Railway at the east end of the site and to connect to the existing municipal
storm sewer on King Street West (Old Highway 2) and Waverly Road. Onsite
storage in underground tanks and release controls are proposed to control the
rate of stormwater leaving the site.
7.4 The plan also proposes an oil/grit separator to address water quality objectives.
Transportation Study
7.5 The Transportation Study assessed the site traffic on the basis of a signalized
access, 200 metres to the east of the existing signalized intersection at Regional
Road 57 and King Street West.
7.6 The study modelled existing and future traffic, post development of the site, and
also considered the findings of the Region Road 57 Environmental Assessment
for its planned widening and reconstruction.
7.7 The study finds an acceptable level of service at the proposed signalized site
access. The study also highlights that the development satisfies zoning
requirements for resident and visitor parking.
Noise & Vibration Impact Study
7.8 The noise study assessed impacts from both rail and road noise on the proposed
dwelling units. Outdoor amenity areas are proposed on the rooftops of the
buildings. All areas will be within acceptable noise levels according to Ministry of
Environment and Climate Change, with the exception of a rooftop amenity area
at the intersection of Regional Road 57 and King Street West that will require a
1.3 metre (approximately 4 feet) noise wall.
7.9 The crash wall and berming will mitigate some of the railway noise generated by
the site.
Municipality of Clarington
Report PSD -036-18
Page 12
7.10 The study acknowledges that building construction materials and glazing must be
built to a standard to mitigate noise within the building. This will be further refined
during the site plan approval and the 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 noise attenuation
measures that are in place.
7.12 Noise generated by condensing units at Garnet B. Rickard Recreation facility
were determined to be insignificant. The consultant also provide an opinion on
noise deflection from the new building and impact to the existing residential area
to the south. The consultant expects noise deflection to be insignificant
compared to the direct sound from transportation noise sources.
7.13 Vibration mitigation will be required for Building 1 only. The foundation must be
designed to control vibration in accordance with CP and provincial criteria.
Urban Design Brief
7.14 The report provides an overview of building design and site layout. The buildings
are 5 metres from the streetline to provide a defined street edge. A two storey
amenity building provides massing at the intersection, and acts as a gateway
between the development and the Bowmanville West Urban Centre.
7.15 Transitions in building heights are provided ranging from a small section of 4
storeys at the east end of Building 3, and up to twelve storeys, to provide
variation. A variety of building materials and inset balconies are also used to
assist in blending the massing of the building. Masonry will be used, limiting the
amount of glass, to complement the character of the area.
7.16 Underground parking is provided and surface parking is entirely screened from
the abutting roads by the buildings.
7.17 Landscaping and decorative fencing will be used to transition between the public
realm along the street and sidewalks, and the first floor units that will have private
patio space.
7.18 The development aligns itself with the criteria outlined in the Secondary Plan and
Urban Design Guidelines by reinforcing the street edge with high quality,
pedestrian -oriented design, and respecting the character of the Bowmanville
Urban Area's built form. The development will further animate and improve the
characteristics for the Bowmanville West Urban Centre.
Municipality of Clarington
Report PSD -036-18
Energy Conservation and Sustainability Plan
Page 13
7.19 The building design consists of between 40-50% glazing which will reduce the
amount of solar heat loss and gain. The buildings will be constructed of concrete
and clad with locally sourced material. Each building will be equipped with a tri -
sorter in the parking level to deal with different waste streams and to provide for
recycling.
7.20 The plan also proposes efficient heating and cooling systems, and conservation
features within each unit. The orientation of the units promote solar heat gain
along the south facing building in the winter months, and during the summer
months shading from upper floor balconies assist in controlling heat gain. Special
glass windows can control heat gain along the western exposure for Building 1.
7.21 The provision of underground parking reduces the amount of imperviousness at
grade. The development provides pedestrian connections, cycling facilities and
use of public transit by residents will be encouraged given proximity to GO transit
routes.
Archaeological Assessment
7.22 An initial Stage 1 and 2 Archaeological Assessment was completed in November
2015. The test pit survey uncovered a number of artefacts likely associated with
a homestead originating from a homestead established in 1825.
7.23 A Stage 3 Archaeological Assessment was recommended and completed in
May -June 2016. A total of 59 one -metre test pits were excavated. Most of the
material dates to before 1870 and possess cultural heritage value or interest. The
materials found include ceramics, nails and container glass.
7.24 A Stage 4 mitigation of impact is required prior to development. This is a hand -
excavation of the site in areas with the greatest concentration of artefacts. The
report also provides for special avoidance measures that can be included in
conditions of approval.
Geotechnical Investigation
7.25 The geotechnical report assessed soil data to provide guidelines for the design
and construction of the foundations, buildings, and private road network. The
geotechnical assumed a 6 storey development.
Phase 1 and 2 Environmental Site Assessment
7.26 The assessments did not find any areas of environmental concern or site
contamination on site. No further site investigation is required prior to
development.
Municipality of Clarington
Report PSD -036-18
8. Public Submissions
Page 14
8.1 A public information centre and a public meeting were held to consider the 6
storey proposal in January -February 2016, and a second public meeting was
held on October 2, 2017 for the current proposal. A special page on the
Municipal Website continues to be dedicated to the subject development
proposal, and reflects the latest plan.
8.2 Eleven members of the public attended the first Public Information Centre, and
four residents spoke in objection and/or with concerns at the statutory Public
Meeting held on February 22, 2016
8.3 At the second statutory Public Meeting held on October 2, 2017 to consider the
12 storey proposal, five members of the public spoke in objection and/or with
concerns about the proposal.
8.4 The list below reflects all comments received on the development proposal.
x The development is resulting in too much density.
x The buildings are too tall.
x Concerns raised about adding more traffic in the vicinity of a busy
intersection.
x Development adjacent to railway and busy road is unsafe for residents and
children.
x It would be difficult to turn in and out of the site along busy King Street.
x The development would have a negative impact to property values.
x Concern regarding suitable fire protection.
x Concerned about the length of construction period and impacts from
construction, such as noise, dust, traffic.
x What will the building look like from walking along Highway 2 and how does
the building fit in with the character of neighbourhood.
x Keep the Bowmanville corridor `historic'.
x Would the tenure of the building be condominium or rental?
x Additional children from development would result in school overcrowding.
x How will children get to schools?
x Noise from railway will bounce off the buildings and impact the Waverley
neighbourhood.
x Additional development would result in increased crime rates.
x The development will have negative environmental impacts — impact to
butterfly habitat.
x Coordinate development and servicing together with Regional Road 57
reconstruction
8.5 Staff have also been contacted by several individuals looking to purchase units,
and those in support of the project.
Municipality of Clarington
Report PSD -036-18
9. Agency Comments
Regional Municipality of Durham
Page 15
9.1 Regional Planning confirms the site's location within a Regional Centre and along
a Transit Spine. Centres support an overall density target of 75 units per gross
hectare and a Floor Space Index of 2.5.
9.2 Regional Planning has no objection to the proposed rezoning, provided the
Holding symbol is applied and that the Region has final clearance on all matters
relating to site contamination, implementation of noise and vibration mitigation
measures and the archaeological assessment.
9.3 Regional Works has no objection to the approval of the zoning by-law
amendment and acknowledges that remaining comments are site plan issues
related to the design of the extensions of the trunk sanitary sewer beneath the
railway and across the site within an easement, and the water services to the
site.
9.4 The shifting of the original driveway entrance 30 metres to the east has satisfied
signal spacing requirements. The signals will be installed under the unwarranted
signal policy. The Region will require Clarington to provide a letter of
understanding to provide the funding of the signals before the design work can
begin. The Regional will require an agreement with Clarington to cover the full
cost of the signal installation and maintenance. The Region will review final
access design given impact to the Regional road network and intersections.
9.5 Municipal waste collection can be provided on private drive aisles having a width
of 6.5 metres and a turning radius of 13 metres.
9.6 Durham Region Transit determined that the application does not present any
significant transit impacts.
Central Lake Ontario Conservation Authority
9.7 The Conservation Authority does not object to the rezoning application
proceeding and will continue to review grading, servicing and stormwater
management during the site plan stage. Several engineering related comments
were forwarded to the applicant's engineer.
Canadian Pacific Railway
9.8 CP Railway has no objection, in principle, to the rezoning application. The
Railway's final approval will be subject to the detailed design through the Site
Plan Approval process.
Municipality of Clarington
Report PSD -036-18
Page 16
9.9 The site plan submitted indicates that a crash wall (alternative safety measure) is
being provided in place of a standard earthen berm. The final design is under
review by CP Railway's peer reviewer and subject to the approval of the final
design of the crash wall, CP has no objection.
9.10 Typical setbacks of dwellings from the railway right-of-way is a minimum of 30
metres. As per the Railway's Proximity Guidelines, reductions in setback can be
achieved through reciprocal increases in berm/alternative safety barrier height.
Conceptually CP has no objection to the reduction to 20 metres, subject to the
final design review of the crash wall noted above.
9.11 The stormwater management report and grading reports are currently with CP's
peer reviewer to ensure that the storm and drainage will not negatively impact
the railway corridor. CP acknowledges the proposed crossing of utilities (a
sanitary sewer and a storm sewer) beneath the railway. CP has an approval
process for utility crossings. Final approval will be addressed at the site plan
stage.
9.12 A 1.83 metre chain link fence is to be constructed on the property line beyond
sections of the crash wall. CP has reviewed the Noise and Vibration Impact
Study and support the implementation of the recommendations contained
therein. Standard warning clauses are required in all agreements of purchase
and sale.
Other Agencies
9.13 Veridian, Kawartha Pine Ridge District School Board, Peterborough Victoria
Northumberland Clarington Catholic District School Board, Canada Post and
Enbridge Gas had no objections to the proposed rezoning, and standard
conditions of approval were forwarded to the applicant.
10. Departmental Comments
Engineering Services
10.1 Engineering Services is satisfied with the functional servicing and stormwater
management plan for the site and has no objection to the rezoning proceeding.
10.2 The applicant submitted a Transportation Study in support of the application and
is deemed acceptable. Staff support the shifting of the entrance to the east, and
future signalization.
10.3 In additional to finalizing servicing, grading, and stormwater management details,
several detailed site plan related comments will be forwarded to the applicant to
be addressed in the next site plan submission and conditions of approval. Final
approval will be coordinated with the Region of Durham, the Conservation
Authority and Canadian Pacific Railway and will address the following:
Municipality of Clarington
Report PSD -036-18
Page 17
x Agreement and financial contribution for signalization
x Accommodation of upstream drainage through the site
x Adjusting grades of ditching at the street to create a more urban cross
section to the extent possible
x Entrance and boulevard work criteria
x Landscaping to conform to Bowmanville West Town Centre Streetscape
Plan
xSidewalk platforms along Regional Road 57
xCrash wall details
xStandard conditions relating to site alteration, road occupancy, development
agreement, performance guarantees and road damage deposits
xCash-in-lieu of parkland
Emergency and Fire Services
10.4 Clarington Emergency and Fire Services has no objections to the rezoning
application and provided comments relating to the location of fire routes and
hydrants, and notations on the site plan drawings. "No parking" signage will be
required along all fire routes and detailed on the site plan.
10.5 The Department must be satisfied through the site plan approval process with
access to the site from an emergency response perspective.
Operations Department
10.6 The Operations Department provided comments relating to grading, providing
suitable fencing along the railway, upgrading street lighting, designating snow
storage areas and landscaping treatment along King Street West. The comments
will need to be addressed in their future site plan submission. Operations has no
objection to the rezoning.
Building Division
10.7 The Building Division has no objection to approval of the rezoning. The site plan
submission must provide barrier -free paths of travel, the location of fire routes
and hydrants and detailed servicing and grading plans in order to complete their
review.
Accessibility Committee
10.8 The Accessibility Committee met to discuss the applications and has provided
detailed comments on the current development proposal related to site plan
matters for their consideration and action. The committee will continue to be
involved in the review of subsequent site plan submissions.
Municipality of Clarington
Report PSD -036-18 Page 18
11. Discussion
The Site is within the predominant Urban Centre in Clarington
11.1 The site of this proposal is located at a prominent intersection in Clarington and
represents a key residential development opportunity in the Bowmanville West
Urban Centre. The development has the potential to integrate well with existing
and planned residential, commercial, retail and office, and institutional uses in the
West Urban Centre. The site is centrally located to also support businesses in
the East Urban Centre.
11.2 The proposal is designed to provide a transition to existing residential
neighbourhood south of the CPR line through a building design that starts at six
stories closest to its south property line and transitioning to 12 stories closer to
the intersection Regional Road 57 and King Street West.
The site is in close proximity to the future Bowmanville GO Rail station, a
recognized Transit Hub
11.3 The future terminal station for the Lakeshore East rail line in Bowmanville is
recognized as a Transportation Hub. Unlike many other GO Stations which are
located away from Urban Centres, the extension of GO Rail Service to
Bowmanville will service the urban centres of Oshawa and Bowmanville. The
subject lands are within a 10 minute walk of the future Bowmanville station and
therefore part of the Bowmanville Transportation Hub.
11.4 The current Secondary Plan established a maximum density of 150 units per net
hectare. The current development concept would result in a density of 148 units
per net hectare which meets the current Secondary Plan but falls short of the
density for Transportation Hubs being 200 units per net hectare.
The site is acknowledged as having constraints including:
x the triangular shape of the property with an acute angle at the east end of
the property leaving portions of the site undevelopable;
x an easement to contain a regional trunk sanitary sewer and storm sewer
will cross the site;
x The Canadian Pacific Railway setback requirements for residential units;
and
x Significant changes in grade relative to abutting streets.
11.5 Staff have assessed the 2.87 hectare size and determined that there is
approximately 0.5 hectare of the site that is undevelopable due to constraints. By
netting out the undevelopable area, a more applicable density calculation is 180
units per hectare.
Municipality of Clarington
Report PSD -036-18 Page 19
11.6 This application is a transitional application received in 2015 prior to the adoption
of OPA 107 which established the higher density targets for the transportation
Hub and Bowmanville West Urban Centre. Recognizing that numbers in Official
Plan are intended to be approximate, the proposed density complies with the
Urban Centre density targets. Having consideration for the on-site constraints
noted above, including the relocation of the entrance, the effective site density
would be as high as 180 units per hectare. Giving consideration for the site plan
design, which provides for a stepped design of the apartment building to
transition down towards existing development, it is staff's view that as a
transitional application, the proposal meets the intent of the Official Plan to
achieve higher densities within the Transit Hub.
The Location of the Signalized Access is Endorsed
11.8 The application was revised to address the significant concerns raised by staff
and agencies on the original concept plan. Shifting the access 30 metres to the
east resulted in a redesign of the site, compressing the three buildings closer
together.
11.9 The preliminary design of the access is acceptable for the purposes of supporting
the rezoning. Detailed design and agreement for the installation of the signals
and provisions for cost recovery will be resolved at the site plan stage.
11.10 The traffic study finds that the road network can support the proposed trips
generated by the development.
Functional Servicing and Stormwater Management plan is satisfactory
11.11 The functional servicing plan and stormwater management proposal for the site
is generally satisfactory. The site will be serviced by existing water services and
will be completing a significant section of the 375 mm trunk sanitary sewer
beneath the railway to service this site and extended northward to service the
lands along Regional Road 57 in the Brookhill neighbourhood, west of
Bowmanville Creek.
11.12 All servicing and stormwater management details will be continue to be refined,
the preliminary functional design is satisfactory.
CP Railway and Crash Wall
11.13 The standard railway policy is to provide for a 30 metre setback from the railway
to residences with containment berms located within that area where appropriate,
depending on grades. Alternative safety measures, such as a crash walls, can
be proposed to reduce this setback. Across this site, the relative grade
differential of the railway and the subject site changes. The proposed apartment
building is located just outside a 20 metre setback. The applicant has proposed
a crash wall along much of the southerly edge of the property not only for the
apartment building but in relation to the underground parking areas. At its
Municipality of Clarington
Report PSD -036-18 Page 20
maximum height, the crash wall is 4.55 metres (approximately 15 feet) and has a
thickness of 0.6 metres (2 feet). Attachment 1 illustrates cross-sections at two
points along the property line between the site and the railway. On the east side
of the site (generally east of the entrance), there is no crash wall but a
containment berm will be constructed.
11.14 CP Railway has confirmed that it has no objection in principle to the rezoning.
The crash wall will be the subject of detailed design through the site plan
process.
The site is well suited for higher densities
11.15 This triangular site is an isolated parcel created when Highway 2 was realigned
on the south side of the CP Railway tracks. To the north and west sides of the
site are institutional uses and other future higher density sites. The existing low
density residential area is located south of the railway which provides some
separation distance. There will be virtually no shadow, traffic or noise impacts on
the existing residential area. There will be some oversight from upper storey
units but separation distance and in some cases the existing mature trees
mitigate this. The crash wall provides screening of the parking areas and lower
floor units.
Sufficient On-site Parking is provided
11.16 Residents expressed concern about the lack of parking on site. Although the site
plan has not been finalized, on-site parking has been provided in accordance
with the provisions of the Zoning By-law for each dwelling type plus visitor
parking at a rate of 0.25 spaces per unit.
Apartment development does not create the perceived social impacts that
residents fear
11.17 Residents raised concerns that the project would attract criminal activity, have a
negative impact on property values, and lead to additional noise, littering and
trespass on private property. These opinions are generally not supported by
research. People who live in apartments, whether rental or condominium tenure,
are a cross-section of society like the rest of the neighbourhood.
Construction Impacts will be typical with new development
11.18 There will be inevitable impacts from the subject development, especially during
construction. Municipal staff will take appropriate action to mitigate the impact on
existing residents. This includes a dust management plan which is a condition of
all development approvals. This does not mean that dust from construction will
be completely eliminated; the aim is to control it to the greatest extent possible.
Impacts from construction vehicles, delivery of supplies, etc. will be isolated from
the neighbourhood to the south since access will be from King Street West.
Municipality of Clarington
Report PSD -036-18
Special Conditions for Removal of Holding Symbol
Page 21
11.19 While there are technical aspects of the development to resolve through site plan
approval, the applicant has addressed the major issues through the review of the
rezoning application.
11.20 Special terms and conditions are to be implemented through the approved site
plan drawings and the site plan agreement. The following must be addressed
prior to Removing the Holding Symbol:
x Stage 4 Archaeological retrieval of artefacts subject to satisfaction of the
Ministry of Tourism Culture and Sport.
x Inclusion of Vibration and Noise Mitigation techniques in accordance with the
Noise and Vibration Impact Study.
x CP Railway approval of site plan and engineering drawings, in addition to
appropriate easement arrangements for extension of services beneath the
railway.
x Agreement with Region of Durham and Municipality of Clarington for
installation and cost recovery of traffic signals.
x Sign off from Qualified Professional for Environmental Site Assessment to the
satisfaction of the Region of Durham.
11.22 All taxes owing to the Municipality of Clarington have been paid in full.
12. Concurrence
Not Applicable.
13. Conclusion
The subject lands have been designated for higher density development since
1993. 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 1891211 Ontario Limited
be approved.
14. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Municipality of Clarington
Report PSD -036-18
Page 22
'4t--
4
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414
or ataylorscott(a)_clarington.net
ATS/CP/DJC/nl
A list of interested parties in on file in the Planning Services Department.
Attachment 1 — Cross Sections showing Crash Wall Height
Attachment 2 — Proposed Zoning By-law Amendment
IAADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2015\ZBA2015-0022 215, 219, 223 King St W\Staff Reports\3. PSD-036-18\PSD-036-18 YYZed
Recommendation Report.docx
Attachment 1 to
Report PSD -036-18
Cross -Sections showing Crash Wall Height relative to Undergound Parking,
Apartment Building and Railway
Apartment Building
Landscape Zone
2D+ m r
f
Uncterground Panting Area
�� �J
d
CP Railway
Section 2-2: 4.4 m (approx 14'5 ") Crash Wall
SECTION 2-2
Parking Lot , Landscape Zone , CP Railway
s �
i 4&ARW -10 m ;
Section 3-3: 4.55 m (approx 15') Crash Wall
i
i
i
i
Underground Parking Area
SECTION 3-3
Attachment 2 to
Report PSD -036-18
Corporation of the Municipality of Clarington
By-law Number 20--
being
0-
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 2015-0022;
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:
"15.4.45 Urban Residential Exception (R4-45) ZONE
Notwithstanding 3.1 c., 3.12 c., 3.16 d., 3.22 g., 15.2 a., 15.2 c. i) and iii), 15.2 c.
iv), 15.2 g., and 15.2 h., those lands zoned "R4-45" on the Schedules to this By-
law shall subject to the following zone provisions:
a. Density
i) minimum 148 units per net hectare
ii) maximum 180 units per net hectare
b. Yard Requirements (minimum)
i) Front Yard 6 metres
ii) Exterior Side Yard 5 metres
iii) Setback to railway property line 20 metres
C. Height
i) maximum 12 storeys
ii) minimum 2 storeys
d. Parking Aisle Width (Minimum) 6.5 metres
e. Loading Spaces (4 metres by 11 metres) (Minimum) 4
f. Accessory Building Floor Area (Maximum) 90 square metres
g. Parking Structure Regulations (minimum)
i) Setback from property line (minimum) 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.
h. Bicycle Parking (minimum)
i) 0.5 space per dwelling unit
ii) 75% of the required spaces shall be within a building or structure.
Amenity Space (minimum)
i) Indoor amenity space 2 square metres per unit
ii) Outdoor amenity space 4 square metres per unit"
j) 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)R4-45) 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 R4-45 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 R4-45 Zone when:
a) Durham Region provides clearance with respect to the Environmental Site
Assessment, Archeological Study, and Noise Study;
b) An agreement is entered into with respect to the funding of signals on King
Street West;
c) Approval by CP Railway for site servicing and grading, including entering into
necessary agreements for the extension of services beneath the railway.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and Section 36 of the Planning Act.
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.
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Adrian Faster, Mayor
Bowmanville • ZBA 2015-0022 • Schedule 3
C. Anne Greentree, Municipal Clerk