HomeMy WebLinkAboutPSD-038-19Clarftwn
Staff
Report
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Report To: Joint Committees
Date of Meeting: September 9, 2019
Submitted By:
Reviewed By:
File Number:
Report Subject:
Faye Langmaid
Acting Director of Planning Services
Andrew C. Allison, CAO
PLN 8.6.7
Report Number: PSD -038-19
By-law Number:
Resolution M JC -101-19
Residential Neighbourhood Character Study Update and Extension
of Interim Control By-law 2018-083
Recommendations:
1. That Report PSD -038-19 be received;
2. That the Interim Control By-law Amendment attached to Report PSD -038-19, as
Attachment 1, be approved;
3. That notice of the passing of the Interim Control By-law Amendment be given in
accordance with Subsection 38(3) of the Planning Act, R.S.O. 1990, C.P. 13, as
amended; and
5. That all interested parties listed in Report PSD -038-19 and any delegations be advised of
Council's decision.
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Municipality of Clarington
Report PSD -038-19
Report Overview
Page 2
The Residential Neighbourhood Character Study began in February 2019 and is expected be
completed by the mid-January 2020. This work will result in a proposed zoning by-law
amendment to Zoning By-law 84-63 to implement the study recommendations.
To ensure incompatible development does not move ahead before the completion of the
Residential Neighbourhood Character Study in three established neighbourhoods of Elgin,
Central and Memorial in Bowmanville, Council passed Interim Control By-law 2018-083 on
September 17, 2018, which is in place for a period of one year. Staff recommend extending the
Interim Control By-law for an additional year in order to complete the study.
1. Introduction
1.1 Based on recent developments in some older Bowmanville neighbourhoods, staff
report PSD -078-18, identified that a Residential Neighbourhood Character Study was
needed to identify and evaluate the physical character of the study area and the key
impacts of residential intensification. The study will recommend appropriate zoning by-
law regulations and other implementation tools that may be applied to appropriately
guide and manage new development in the study area, and to have infill development
or additions better respect and compliment neighbourhood character in the future.
1.2 Clarington Council approved Interim Control By-law 2018-083 on September 17, 2018
to restrict the use of land within the Residential Neighbourhood Character Study area,
which includes in part the established areas of Elgin, Central and Memorial in
Bowmanville (Figure 1).
2. Residential Neighbourhood Character Study Update
2.1 MacNaughton Hemson Britton Clarkson Planning Limited was retained to complete a
Residential Neighbourhood Character Study in February 2019. The project phases are
summarized in Figure 2.
2.2 Phase 3 of the project, involving the evaluation of options and the development of a
zoning framework, is now underway.
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Municipality of Clarington
Report PSD -038-19
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Municipality of Clarington
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Page 4
2.3 Jdate, the project has included a multi -faceted public consultation and engagement
gram. This has included the following:
Notice of project initiation mailed to all property owners within the area subject to
Interim Control By-law 2018-083.
Project website (Neighbourhood Character Study), including background
information, frequently asked questions and responses, notice of public events,
project news and reports, and forms for registration as an interested party and the
submission of comments.
Guided public walking tours of the three neighbourhood areas on May 11, 2019,
involving 50 participants, exploring the character and qualities of these areas that
are valued by the community.
Online survey, supported by maps to conduct a self -guided walking tour, available
from May 11 — 31 and received close to 100 responses.
Interactive public workshop on May 31 with nearly 50 participants, to further inform
the community about the process of planning for neighbourhood character, share
early project findings, and explore neighbourhood character elements and existing
regulations.
Background Review
• Understand context and
existing conditions
• Policy and regulation review
• Best practices review
• Stakeholder interviews
PHASE 1
February to April
r. A
Character Assessment
• Walking tours
• Create neighbourhood
i nvento ry
• Pu bl i c worksh op
• Background study report
rnalysis and
Recommendations
• Evaluation ofoptions
• Public workshop
• draft study report and
zoning framework
Final Report
Final Report
• Recommended Zoning
By-law Amendments
• Statutory Public Meeting
• Recommendation to Council
(early 2020)
Figure 2: Residential Neighbourhood Character Study Work Plan & Timeline
2.4 In response to the significant amount of public interest in the project, a second public
workshop has been scheduled. In addition to providing a project overview and update,
this workshop will gather feedback on the potential zoning by-law changes being
considered to guide future growth and compatible development in these established
neighbourhood areas and other regulatory options that may be available. It will inform
the final recommendations of the Residential Neighbourhood Character Study.
Municipality of Clarington
Report PSD -038-19 Page 5
Workshop #2 will be held on Thursday September 12 from 6:30 to 8:30 pm at the
Bowmanville Older Adult Centre, 26 Beech Avenue in Bowmanville.
2.5 The fourth and final phase of the Residential Neighbourhood Character Study will
include a final report with recommendations for amending Zoning By-law 84-63 as well
as other possible tools. This report is expected to be delivered in early November and
will be posted online to allow for public review in advance of a Statutory Public Meeting
for the proposed amendments to Zoning By-law 84-63. The Zoning By-law Amendment
Statutory Public Meeting and final Staff recommendation report are anticipated in
December 2019 and January 2020, respectively.
2.6 At the beginning of the Residential Neighbourhood Character Study, it was expected
that the recommendation would inform the ZONE Clarington project. Due to the
timeline for ZONE Clarington, it is recommended that a separate amendment to Zoning
By-law 84-63 be brought forward in order to address the issues of incompatible
development in the Residential Neighbourhood Character Study area, in advance of the
draft urban zoning by-law.
3. Interim Control By-law
3.1 Section 38(2) of the Planning Act enables municipalities to extend an Interim Control
By-law for a period of up to one year. This would allow for an extension of Interim
Control By-law 2018-083 until September 16, 2020. If the Interim Control By-law is
extended, staff propose to present a by-law for Council approval to repeal the Interim
Control By-law once a Zoning By-law amendment is adopted implementing the
recommendations of the Residential Neighbourhood Character Study.
3.2 Unlike the original interim control by-law, an interim control by-law that is renewed for a
and year is subject to appeal. Having reviewed other similar Residential
ighbourhood Character Study processes, it was anticipated that the study would
t e more than a year to complete. In order to minimize potential appeals, Interim
ntrol By-law 2018-083 (see Attachment 2) included a number of exemptions for:
buildings and structures that would not likely contribute to the issues affecting
neighbourhood character, and
acknowledged development applications that were in process.
3.3 Where a property owner wishes to develop or improve a property in accordance with
permissions in the Interim Control By-law but does not conform to the regulations of By-
law 2018-083, the property owner may submit an application for a Minor Variance. In
reviewing a proposed Minor Variance application it must meet the four tests spelled out
in the Planning Act, including conformity with the policies of the Official Plan. The
Official Plan requires development to respect and reinforce the physical character of an
established neighbourhood. To implement the Official Plan, staff may request an
applicant to demonstrate how their development proposal fits with the character of the
neighbourhood. To date, four Minor Variance applications have been submitted and
approved by the Committee of Adjustment.
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Municipality of Clarington
Report PSD -038-19 Page 6
3.4 If a property owner wishes to develop something that is not exempt from Interim Control
By-law 2018-083, the property owner may request Council to amend Interim Control By-
law 2018-083 to add their property as an exemption. One request for exemption was
received from Barry Bolahood in March 2019 for 10 Victoria Street. On April 29, 2019,
Council received PSD -023-019 regarding the Interim Control By-law exemption request
for information (Resolution #C-168-19).
4. Public Notice and Communications
4.1 Notice of the passing of Interim Control By-law 2018-083 was sent to all Interested
Parties and was advertised in the Clarington This Week on October 10, 2018. A project
announcement marking the initiation of the Residential Neighbourhood Character Study
was mailed to all property owners within the study area in April 2019. In addition, the
project announcement was circulated to Interested Parties, and notice was provided via
advertising in Clarington This Week, Corporate social media and the project website.
Notice of public events for the project, including the walking tours and both interactive
workshops, has also included circulation to Interested Parties, Corporate social media
and the project website.
4.2 If the extension to Interim Control By-law 2018-083 is approved, notice of the passing of
the amending by-law will be advertised in Clarington This Week, posted on the project
website, and sent to all Interested Parties.
5. Conclusion
5.1 In consideration of the comments contained within the report, it is recommended that
the amendment to Interim Control By-law 2018-083 contained in Attachment 1 be
approved in order to prevent incompatible development from occurring while the
Residential Neighbourhood Character Study is finalized.
Staff Contact: Tracey Webster, Planner, 905-623-3379 ext. 2415, twebster(a_clarington.net
Attachments:
Attachment 1 - Proposed Interim Control By-law amendment
Attachment 2 - Interim Control By-law 2018-083
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
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Attachment 1 to
Report PSD -038-19
Corporation of the Municipality of Clarington
By-law Number 20--
being
0-
being a By-law to amend Interim Control By-law 2018-083
Whereas the Council of the Corporation of the Municipality of Clarington deemed it
advisable to enact Interim Control By-law 2018-083 to undertake a study of land use
regulations respecting the area shown as "Area Subject to Interim Control Bylaw"; and
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to extend Interim Control By-law 2018-083 for one year in accordance with
Section 38(2) to provide adequate time to complete the study of land use planning
regulations;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 3 of By-law 2018-083 is repealed and replaced with the following:
3. This By-law shall be in effect until September 16, 2020.
2. This By-law shall come into effect on the date of its passage.
By -Law passed in open session this day of , 20
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
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The Corporation of the Municipality of Clarington
By-law 2018-083
being an Interim Control By-law passed pursuant to section 38 of the Planning
Act, R.S.O. 1990, c. P.13, as amended.
WHEREAS staff prepared Report PSD -078-18 identifying the need to undertake a review
or study of the land use planning regulations respecting the area shown as "Area Subject
To Interim Control By -Law" on the map contained in Schedule "A" hereto, and
recommending that the review or study of land use planning policies be undertaken;
WHEREAS at its meeting on September 17, 2018, Council directed staff to undertake the
review or study of land use planning policies for the area shown as "Area Subject To
Interim Control By -Law" shown on the map contained in Schedule "A" hereto;
WHEREAS Council deems it expedient to pass an Interim Control By-law under Section
38 of the Planning Act, R.S.O. 1990, c.P.13, as amended applicable to the are shown as
the "Area Subject To Interim Control By -Law" shown on the map contained in Schedule
"A" hereto;
NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
The use of land, buildings or structures located within the area shown as "Lands
To Which This By-law Applies" on the map contained in Schedule "A" attached to
and forming part of this By-law, is prohibited, except a use for one or more of the
following purposes:
a. An existing legally established use permitted by By-law No. 84-63, as
amended, on the day immediately prior to the date of passing of this By-
law;
b. An addition to an existing dwelling that does not alter street facade and
does not exceed:
i) 25% or more of the total floor area of the dwelling that existed on
the same lot on the date of passage of this by-law;
ii) A height of 8 metres;
iii} A roof pitch minimum of 4112 and a maximum of 7112.
iv} A lot coverage of 35%
c. Accessory buildings and structures provided they comply with the
provisions of Section 3 of Zoning By-law 84-63;
d. An apartment -in-house provided:
■ ■■■111■■
i) Access is provided through a shared common entrance with the
principal dwelling use, or through an entrance within the interior side
yard or rear yard; and
ii} Provided that it complies with the parking requirements of Section 3
of the By-law and that the total driveway on the lot is less than 50%
of the lot width.
e. A home occupation in accordance with the provisions of Section 3.11 of
Zoning By-law 34-63 , save and except the retail sale of antiques, arts,
crafts or hobby items.
2. The following provides a list of exceptions to the provisions of Section 1 of this by-
law:
a. An Apartment -in-house in accordance with Section 3.2 of Zoning By-law
84-63, where access is provided through a separate front entrance from
the principal dwelling use located at each of 129 and 131 Ontario Street;
b. A new single detached dwelling at 129 Elgin Street in accordance with the
"Urban Residential Exception (R2-83)" zone.
C. Two new single detached dwellings located at 26 Concession Street West,
in accordance with the regulations contained in the conditions of approval
for LD 2018/003 & LD 20181004.
d. New single detached dwellings subject to the regulations contained in
Section 2 f. of this By-law and located at:
i) 47 Second Street, Bowmanville
ii} 73 Lambs Lane
iii} A total of 3 single detached dwellings 60 & 66 Lambs Lane in
accordance with LD2017/143-145
iv} 115 Duke Street
v) 112 Duke Street in accordance with LD2017/187 & 188
vi] 75 Duke Street
e. New semi-detached dwellings subject to the regulations contained in
Section 2 f. of this By-law and located at:
i) 69 Lambs Lane
iij 132A Elgin Street
iii} 112 Duke Street in accordance with LD2017/187 & 188
Regulations for new dwellings listed under subsections e. and f:
i) Maximum lot coverage 35%
ii} Maximum height 8 metres
iii} Minimum interior side yard setback with an
attached garage 1.2 metres
iv} Minimum interior side yard setback without an
attached garage 1.2 metres on one side,
4.5 metres on the other
■ ■■■111■■
v) Minimum roof pitch 4/12
vi) Maximum roof pitch 7/12
g. An addition to a single detached dwelling located at 79 Division Street with
a maximum lot coverage of 43% in accordance with approved Minor
Variance Application A2016-0032.
2. This By-law is not applicable to applications for building permits submitted prior to
the effective date of this By-law. Schedule `A' attached hereto shall form part of
this By-law.
3. This By-law shall be in effect for a period of 1 year from the date of its passage.
Passed in Open Council this 17Th day of September, 2018.
Ad Foster, Mayor
C. A Greentree, Municipal Clerk