Loading...
HomeMy WebLinkAboutPSD-058-20Clarington Staff 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: December 7, 2020 Report Number: PSD-058-20 Submitted By: Faye Langmaid, Acting Director of Planning and Development Services Reviewed By: Andrew C. Allison, CAO Resolution#: PD-218-20 File Number: S-C-2018-0002 and ZBA2016-0031 By-law Number: Report Subject: Draft Plan of Subdivision and Zoning By-law Amendment to permit a total of 205 residential units contained with an apartment building and townhouses within a Common Elements Condominium in Bowmanville Recommendations: 1. That Report PSD-058-20 be received; 2. That the application for a Draft Plan of Subdivision submitted by MODO Bowmanville Urban Towns Limited (The Kaitlin Group) to permit 205 future condominium residential units including 55 dual frontage townhouses, 64 back to back townhouses and 86 apartment units, be supported subject to the conditions contained in Attachment 1 to Report PSD-058-20; 3. That the application to amend Zoning By-law 84-63 be approved and that the Zoning By-law Amendment in Attachment 2 to Report PSD-058-20 be passed; 4. 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; 5. That no further Public Meeting be required for the future Common Elements Condominium; 6. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD- 058-20 and Council's decision; and 7. That all interested parties listed in Report PSD-058-20 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-058-20 Report Overview Page 2 This report recommends approval of a proposed Draft Plan of Subdivision and Zoning By- law Amendment submitted by MODO Bowmanville Urban Towns Limited (The Kaitlin Group). The applications would permit 205 residential units including 55 dual frontage townhouses, 64 stacked townhouses and a six storey 86 unit apartment building. The units will be accessed by a private lane with entrances from Brookhill Boulevard and Boswell Drive. The development will have a private amenity area, a water meter building and visitor parking in the common elements. 1. Application Details 1.1 Owner/Applicant 1.2 Proposal: 1.3 Area: 1.4 Location: 1.5 Roll Number 1.6 Within Built Boundary: 2. Background MODO Bowmanville Urban Towns Limited (The Kaitlin Group) Proposed Draft Plan of Subdivision The proposed Draft Plan of Subdivision would create one block that would allow for a future common elements condominium containing 205 residential units including 55 dual frontage townhouses, 64 stacked townhouses and 86 apartment units, common amenity space and private laneways. Rezoning To rezone the lands from the "Agricultural (A) Zone" to appropriate zone that permits the proposed development. 2.87 hectares (7.1 acres) South side of Brookhill Boulevard between Green Road and Boswell Drive, Bowmanville. 181701002018432 and 181701003002710 No 2.1 On December 16, 2016, MODO Bowmanville Urban Towns Limited submitted applications for Rezoning and Site Plan approval to permit 167 townhouse units including 56 stacked townhouses, 49 rear lane townhouses and 62 back-to-back townhouses all on private laneways (Figure 1). Municipality of Clarington Page 3 Report PSD-058-20 ,x 1K!PEI W Ail 11lII111'INI+M!!!!!!!1.11111:'' .�. � a �.® - ��= - ��=mot :.. -•� {{III[[II .. .,� ,pNp• 1N� it [1�11 � Ij 1��1'�RllNil PLAN k M `ICI A t a ii 4t �HSITE i3r�lilrti�_rrL'. i:yi-.i11:3t: ,!!�ry+� 1• � Ai �� Figure 1: Original application submission for 167 townhouse units, 2016 2.2 A Public Information Centre was held May 18, 2017 and the statutory Public Meeting was held on June 5, 2017 at Planning and Development Committee. The applicant was provided detailed comments from internal departments, external agencies and the public for their review. A concern identified with the proposal was that it did not meet the Region of Durham or Clarington Official Plan policies, specifically with regards to density within the Town Centre. Staff also requested different forms of housing to provide more affordable and accessible options within the development. 2.3 In April 2018, the applicants submitted revised Zoning By-law Amendment and Site Plan applications. The applicant also submitted a new Draft Plan of Subdivision application to facilitate a future plan of condominium on the lands. The revised concept included 213 residential units including 61 dual frontage townhouses, 64 stacked townhouses and 88 apartment units in a six -storey building. The revised plan included an underground parking area accessed from the west side of the property to serve the apartment building (Figure 2). 2.4 A Public Meeting on the revised plan was held on June 25, 2018. The applicant was again provided detailed comments from internal departments, external agencies and the public for their review. One concern included the noise impact on the proposed residences from the existing commercial businesses located to the south, being Walmart and Canadian Tire. 2.5 Since the Public Meeting on June 25, 2018 staff and the applicant worked to further refine the revised proposal. The final revisions lead to a proposal for 205 residential units including 55 dual frontage townhouses, 64 stacked townhouses and a 6 storey, 86 unit apartment building (Figure 3). Municipality of Clarington Report PSD-058-20 in Figure 2: Revised application submission for 213 units, 2018. Figure 3: Final revision to submission for 205 units. Page 4 0 O Ce Z W W Ce Q Municipality of Clarington Page 5 Report PSD-058-20 2.6 On September 26, 2019 the applicant filed appeals with the Local Planning Appeal Tribunal for a failure to make a decision within the timelines identified in the Planning Act. During the appeal process staff continued to work with the applicant to address the outstanding issues identified in previous comments, including the noise concerns. The applicants withdrew the appeals and staff received the withdrawal letter from the Local Planning Appeal Tribunal on October 18, 2020 allowing the applications to proceed to Council for consideration and a decision. 2.7 The applicant has submitted the following studies in support of the applications which are reviewed in Section 7 of this report: • Functioning Servicing and Stormwater Management Reports • Traffic Impact Study • Noise Study • Shadow Impact Analysis • Urban Design Brief • Archaeological Assessment Stage 1 • Phase One Environmental Site Assessment 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located on the south-east corner of Brookhill Boulevard and Boswell Drive. The site is currently vacant and generally flat. 3.2 The surrounding uses are as follows: North -Brookhill Boulevard / rear lane townhouses and semi-detached dwellings South -Commercial area including Canadian Tire and Walmart stores East -Two existing single detached dwellings, one of which is owned by applicant as well as the surrounding lands, a temporary sale centre and Clarington Secondary School West -Rekkers Garden Centre and Greenhouse Operation Municipality of Clarington Report PSD-058-20 � ,mM, Exist � — `�S�s►:,� QI //er Existing Residential Development�� / 1 Rekker's 4 r f CrPstehf Garden j Centre p 1 ! `L��L yPy'ta�e and m a r Ted Miller Crescent cc Greenhouse 1 �tl`'� �- `� -Cr7 LD n � Nicks(a{ +°icy , Jm- 4L.r I L .L e-,1�. Lands Subject to Bro khf//Boy�C..21 Future Development Current Application o 4fe�arq� Not Owned By Applicant Page 6 roo < ii oulevardI L , Clarington Central .' Secondary School' �� Wal Mart Additional Lands • > a • Lam_ rir�r - - (^�, - .1F;,;�' � Owned By { p# •' ♦ ' Applicant mn j �> _ .' Canadian Tire z4 W4 Art `y Stevens Road �s � �� � • a:. a �JkL N/9h+ 3ILM , �' I ZBA 2016-0031 Figure 4: Subject Lands and Surrounding Area Land Uses Municipality of Clarington Report PSD-058-20 4. Provincial Policy Provincial Policy Statement Page 7 4.1 The Provincial Policy Statement (PPS) identifies settlement areas, such as the Bowmanville Urban Area, as the focus of growth and promote compact development forms. Planning authorities are encouraged to create healthy, livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreation, and open space uses. 4.2 Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. New development in designated growth areas should have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure, public service facilities and transit supportive. Recent changes to the PPS policies state that planning authorities shall also consider market demands when evaluating proposals. 4.3 The subject applications are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.4 The Provincial Growth Plan is a long term planning framework that manages growth, mainly with the urban areas of the Greater Golden Horseshoe. It encourages municipalities to manage growth by directing population growth to settlement areas. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. 4.5 A range and mix of housing options and higher densities in strategic growth areas, including major transit station areas, are to make efficient use of land and infrastructure and support transit viability. Transit -supportive and pedestrian -friendly developments will be concentrated around existing and future transit routes. 4.6 The subject applications conform to the Growth Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the lands as a Regional Centre, which is to be developed as the main concentration of commercial, residential and cultural functions within the urban area in a well -designed and intensive land use form. A Regional Centre 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. Municipality of Clarington Page 8 Report PSD-058-20 5.2 Development in Regional Centres shall be based on the following principles: • Compact urban form which is transit -supportive; • Provides a mix of uses and opportunities for intensification; • Follows good urban design principles with focus on public spaces and pedestrian connections, with parking to the rear or within buildings; and • Enhances grid connections for pedestrians and cyclists. 5.3 Durham Region has started the comprehensive review of their Official Plan. Through their Growth Management discussion paper released in 2019, the Region has begun identifying Major Transportation Station Areas surrounding existing and future GO Stations. The Region has set a draft boundary of the Bowmanville Major Transit Station Area as the limits of the existing Bowmanville West Town Centre Secondary Plan. The intent is to identify an area that maximizes the number of potential transit users within walking distance to the future station. 5.4 The proposal conforms with the Region of Durham Official Plan. Clarington Official Plan 5.5 The Clarington Official Plan designates the lands Urban Centre. Development within Urban Centres shall provide for a mix of uses with a focus on higher density and a mix of housing types to support the successful development of complete communities. The minimum density target for Urban Centres is 120 units per hectare. The current proposal has a density of approximately 72 units per hectare. When future applications are submitted for the remainder of the lands to the east, abutting Green Road, which are anticipated to be two apartment buildings, the density across the lands designated Low Rise High Density Residential is anticipated to meet the Official Plan density requirements of 120 units per hectare. 5.6 Urban Centres are to be developed as the main concentration of activity within communities. Development should be transit supportive with a pedestrian focus as people -oriented places with a high -quality pedestrian environment including civic squares, parks, walkways and building forms and styles that reflect the character of the community. 5.7 Development within the Urban Centre designation must comply with the urban design policies of the Official Plan, including those specific to the Bowmanville West Town Centre Secondary Plan. Bowmanville West Town Centre Secondary Plan 5.8 The Bowmanville West Town Centre Secondary Plan designates the lands Low Rise High Density Residential. The Low Rise High Density designation permits townhouses and low rise apartment buildings not exceeding six storeys in height. Municipality of Clarington Page 9 Report PSD-058-20 5.9 The Bowmanville West Town Centre Secondary Plan is one of the Secondary Plans that is currently review. This work is in early stages. Currently the density in the Low Rise High Density designation shall be a minimum of 50 and a maximum of 80 units per hectare. The Official Plan with the adoption of OPA 107 has a policy indicating where an inconsistency with the parent plan exists related to density the parent plan shall prevail. As stated in 5.5 above the minimum density in the parent plan is 120 units per hectare. 5.10 The density must be achieved across the Low Rise High Density designation. The proposal has a density of approximately 72 units per hectare. Once the lands to the east of the current applications, adjacent to Green Road, are developed with future apartment buildings the lands across the Low Rise High Density designation should achieve the 120 units per hectare required by the Official Plan. 5.11 The Bowmanville West Town Centre Secondary Plan strives to achieve development at higher intensities than adjacent residential neighbourhoods, provide alternative housing forms, create pedestrian connections and maximize accessibility to public transit, including the future GO station. 5.12 The proposal meets the intent of the Clarington Official Plan 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. The proposed Zoning By-law Amendment (Attachment 2) will allow for the development of 55 dual frontage townhouses, 64 stacked townhouses and 86 apartment units in a common elements condominium. A holding (H) symbol is placed on the zoning until the Draft Plan of Subdivision is registered and the Site Plan Agreement is finalized. 7. Summary of Background Reports 7.1 The applicant has submitted several studies in support of the development applications which were circulated to various agencies and departments for comment. Staff have worked with the applicant to ensure that supporting documents addressed all applicable provincial, regional and local policy, guidelines, and standards. The submission materials were posted on the Municipality's website. Site Servicing and Stormwater Management Report, Cole Engineering Group Ltd. 7.2 The report and drawings detail how the proposed development can be serviced (water, sanitary and storm) from existing and new infrastructure. 7.3 The development will be serviced from existing water and sanitary services on Brookhill Boulevard. The stormwater currently sheet flows from the south of the property to the north-east. As part of the development, the stormwater will be captured in new underground storage tanks and discharged at a controlled rate into the stormwater sewers on Brookhill Boulevard. Municipality of Clarington Page 10 Report PSD-058-20 7.4 The development will include infiltration trenches and increased soil depths to help with water infiltration on the site. Traffic Impact Study, Cole Engineering Group Ltd. 7.5 The Traffic Impact Study was prepared to analyse the anticipated impacts of future background and site -generated traffic for the proposed development. The units will be serviced with an internal private lane which eliminates direct vehicle access from individual private entrances and concentrates vehicle access to three points, one onto Boswell Drive and two onto Brookhill Boulevard. 7.6 The report concludes that the proposed development will have minimal impact to the operation of the existing neighbourhood intersections and does not require any mitigation as a result of the proposal. There is also sufficient space within the site, on the private lane, to provide for fire and garbage truck movements. Noise Study, HGC Engineering 7.7 Multiple noise reports were required as part of this application. In addition to the applicant submitting a noise report, the commercial properties to the south were also required to submit noise reports. As the existing commercial businesses were established many years prior to applications on the subject lands exact noise mitigation requirements could not be determined when they were constructed. The site plan agreements for those properties included clauses that required them to review and install noise mitigation measures when the location and design of the residential units to the north was determined, which was done through the current applications. One of the commercial businesses will be required to install noise mitigation from the existing loading spaces and air condition and trash compactor units. 7.8 The noise consultant for the applicant has reviewed the noise studies provided from the commercial business to the south. The review indicates that warning clauses are required for all units in Blocks 8 to 16 and the apartment building units. 7.9 As the noise information was received through multiple reports the applicant's consultant will be required to provide a final report that synthesises all the mitigation measures on the subject lands and the commercial businesses to the south, as a Condition of Draft Approval. Urban Design Brief, John G. Williams Limited 7.10 The Urban Design Brief outlines the elements of the revised proposal, including how the proposal meets the urban design criteria of the Bowmanville West Town Centre Secondary Plan. The report highlights that while the development is a higher density than the existing neighbourhood on the north side of Brookhill Boulevard, the separation of the street and 3 storey townhouse units fronting a majority of the frontage provides a logical transition. Municipality of Clarington Report PSD-058-20 Page 11 7.11 The report also identifies that the development will create a strong urban streetscape, with traditional architecture style, and a pedestrian supported development with multiple access into the site. Shadow Study Analysis, Vanle Architect 7.12 A shadow study analysis was submitted to provide visual representation of the shadow impacts of the apartment building. The analysis indicated that the shadow from the apartment building will not impact the existing neighbourhood on the north side of Brookhill Boulevard with the exception of afternoon shadow in the month of December. Archaeological Assessment Stage 1 & 2, This Land Archaeology Inc. 7.13 The field investigation did not identify any archeological resources on the property. A clearance letter was received from the Ministry of Culture on October 3, 2008. Phase One and Two Environmental Site Assessment, Cole Engineering Group Ltd. & GHD 7.14 A Phase One Environmental Site Assessment was conducted by Cole Engineering that determined assess two potential risk spots on the subject lands and concluded a Phase Two would be required. 7.15 A Phase Two Environmental Site Assessment was conducted by GHD to determine any potential site contamination. The Phase Two included soil and water sampling. The samples met the Ministry of Environment, Climate Change and Parks requirements for residential development and no further works were required. 8. Public Submissions 8.1 A statutory public meeting was held on June 25, 2018. The concerns raised during the meeting and in correspondence received by staff include the following: • Proposal does not fit the existing neighbourhood in terms of proposed density (number of units) and overall character; • Lack of park space for existing and future residents; • Traffic is already a problem, especially for students walking to schools east of Green Road, and this proposal will increase traffic; • Rental units will bring low income families to the neighbourhood and renters don't invest as much as homeowners in their neighbourhood leading to concerns of property appearance and property values; and Municipality of Clarington Report PSD-058-20 Page 12 • Existing schools are at capacity and many area students bused to schools out of the neighbourhood. 8.2 Further discussions regarding the concerns from residents are contained in Section 11 of this report. 9. Agency Comments Durham Region 9.1 Durham Region Planning, Works and Transportation Departments have no objections to the proposal. The proposal is consistent with Provincial Policy and Regional Planning Policy. The Region provided Conditions of Draft Plan Approval (Attachment 1). 9.2 The Region will require an update Noise Study be submitted for review and approval as part of the Conditions of Draft Approval, Attachment 1. All Regional Works standards will be required to be met through the Site Plan Approval process. Central Lake Ontario Conservations Authority 9.3 Central Lake Ontario Conservation Authority had no objections to the applications subject to the conditions identified in the Conditions of Draft Approval. The applicant will be required to satisfy the conservation authority with respects to the stormwater management through the Site Plan Approval process. Other Agencies 9.4 Canada Post and Rogers have no objections to the applications subject to conditions identified in the draft conditions. 10. Departmental Comments Public Works Department 10.1 The Public Works Department has no objections to the approval of the proposed development. The applicant will be required to meet all public works standards which will be included in the future Site Plan Approval process. Fire and Emergency Services Department 10.2 The Fire and Emergency Services Department had no objections to the approval of the application. Comments were provided regarding no parking signage for the private laneway and fire hydrants on site. These comments will be implemented through the Site Plan Approval process. Municipality of Clarington Page 13 Report PSD-058-20 Building Division 10.3 The Building Division has no objection to the approval of the application. 11. Discussion 11.1 The proposal is to develop a vacant 2.87 ha parcel of land. The site has frontage on Brookhill Boulevard and Boswell Drive. The applicant has proposed a common elements condominium containing 205 residential units including 55 dual frontage townhouses, 64 back to back townhouses and a six storey 86 unit apartment building, common amenity space and private laneways. Neighbourhood Character and Intensification 11.2 The subject lands are at the interface of two distinctly different Secondary Plans and two areas that are envisioned for different purposes. It is important to create the proper transition between these two secondary plans while achieving the goals of each secondary plan. The lands to the south are within the Bowmanville West Town Centre Secondary Plan, an urban centre, and envision large-scale commercial uses, higher density residential and future GO Station. The lands to the north are the southern edge of the Brookhill Secondary Plan which is envisioned as a predominantly residential neighbourhood. Both the Bowmanville West Town Centre Secondary Plans and the Brookhill Secondary Plan are currently being reviewed and updated to comply with Clarington Official Plan Amendment 107. 11.3 The existing dwellings north of Brookhill Boulevard are a mix of single, semi-detached and townhouse dwellings. The lands to the south are large scale commercial. The proposed development has a density of approximately 72 units per hectare; significantly lower than the minimum 120 units per hectare required by the Official Plan. As discussed in Section 5 of this report there are additional lands, east of the subject lands within that have not been developed and can contribute to meeting the minimum 120 units per hectare. Staff believes this approach allows for the density to be met across the Low Rise High Density designation while allowing an appropriate transition between the Brookhill Secondary Plan and Bowmanville West Town Centre Secondary Plan. Municipality of Clarington Page 14 Report PSD-058-20 11.4 The current proposal would permit an apartment building on the west side of the lands, with a majority of the massing along Boswell Drive, and condominium townhouses through the majority of the lands, opposite the existing residences on Brookhill Boulevard. Future buildings to the east of the subject lands will allow for future apartment buildings that have a majority of massing adjacent to Green Road. This approach will allow majority of the massing of the density on the subject lands and the lands to the east to front onto Green Road and Boswell Drive, which currently contain a secondary school to the east and agricultural lands to the west, for which the Minister of Municipal Affairs and Housing has granted a Minister's Zoning Order for a future long-term care home on the west side of Boswell Drive, opposite the subject lands. The proposed development will focus the higher density, apartment unit to the west side of the property, where there are limited residences along Boswell Drive. 1I �;tf1 ff i4 I la I I I R 1� Figure 5: Conceptual drawing of the six -storey apartment building looking south 11.5 The proposal will allow for a good transition between the existing land uses while also introducing additional housing forms and tenures, a density that meets the requirements of the Official Plan and development that supports future transit initiatives including GO transit. Municipality of Clarington Report PSD-058-20 Figure 6: Conceptual drawing of stacked townhouses Page 15 Figure 7: Conceptual drawing of dual frontage Townhouses fronting onto Brookhill Boulevard Municipality of Clarington Report PSD-058-20 Traffic Page 16 11.6 The Traffic Impact Study concluded that the proposed development will have minimal impact to the operation of the existing neighbourhood intersections and does not require any mitigation as a result of the proposal. The report has been reviewed by the Region of Durham and Clarington staff and deemed acceptable. 11.7 One of the main concerns raised by residents was that it was difficult and dangerous for students to walk to the school on the east side of Green Road; there were no signalized crossings north of Highway 2. At the Public Meeting it was indicated that the intersection at Green Road and Stevens Road was to be signalized in the fall of 2018. This signalization has been completed and provides for a safer access to the east side of Green Road than previously existed. Amenity Space and Parkland 11.8 The main amenity space for the development has been positioned in the center of the site for access by all residents. The main amenity space area is approximately 800 square metres in size and will include programming for children as well as open space that is unprogrammed. There will be additional amenity space around the apartment building to provide outdoor seating and gathering spaces. 11.9 The size of the amenity space exceeds the requirements of Clarington's Amenity Space Guidelines. A minimum of 4 square metres per unit is required for developments over 16 units. 11.10 There is a Community Park situated within the Garnet B Rickard Recreation Complex, which contains play equipment and baseball fields. 11.11 A neighbourhood park has been set aside in a Draft Approved Plan of Subdivision in the Brookhill Neighbourhood, situated near the future intersection of Longworth Avenue and Clarington Boulevard. 11.12 The applicant will be required to provide a cash contribution for parkland dedication. Municipality of Clarington Report PSD-058-20 Schools Page 17 11.13 There is a future elementary school site within a Draft Approved Plan of Subdivision within the Brookhill Secondary Plan area, situated at the future intersection of Longworth Avenue and Clarington Boulevard. As mentioned previously the Brookhill Secondary Plan is currently under review. As part of that review process the school boards have been engaged and have provided information to staff on their land requirements for future schools in the Brookhill neighbourhood. As a result of this process the Municipality will designate school sites in coordination through the Secondary Plan process. While sites are designated it should be noted that at the time of development, the school boards independently determine whether to proceed with a site based on school enrollment and the provincial funding formula. 11.14 As identified in Section 6 of this report the zoning would be approved with a Holding (H) Symbol. The site plan cannot be finalized and registered until the subdivision has been registered. The applicants will also require a Plan of Condominium in the future to create the common elements. Once those details have been addressed a by-law would be brought forward to remove the holding on the zoning. Recommendation and Next Steps. 11.15 Conditions of Draft Approval contain special provisions to address the implementation of all recommendations of the studies and reports submitted, including future reports (as referenced in this report). Other standard conditions will address such items as dedication of road widenings and cash -in -lieu of parkland. 11.16 The proposed Zoning By-law amendment would place lands in a site -specific residential zone permitting the link townhouse dwellings with standard regulations regarding setbacks, building height, landscaped areas, resident and visitor parking. 11.17 Upon approval of the Draft Plan of Subdivision and Zoning By-law Amendment the applicant will work with staff on implementation details: Site plan Approval — Items such as architectural details, detailed engineering, entrance design landscaping and lighting will be reviewed; Condominium approval — will follow site plan approval and create a legal description for each unit and derive a set of condominium rules for the development, and; Approval of application for Exemption from Part Lot Control will follow site plan approval allowing for individual Parcels -of -Tied -Land (POTL's) to be created. 12. Concurrence Not Applicable. Municipality of Clarington Report PSD-058-20 13. Conclusion Page 18 It is respectfully recommended that in consideration of all agency, staff and resident comments that the applications for Draft Plan of Subdivision and to amend Zoning By-law 84-63 to permit a 205 unit apartment and townhouse condominium development with a private lane on the south side of Brookhill Boulevard between Green Road and Boswell Drive be approved as contained in Attachment 1 and 2 of this report. Staff Contact: Brandon Weiler, Senior Planner, (905) 623-3379 ex. 2424 or bweiler@clarington.net. Attachments: Attachment 1 — Conditions of Draft Approval Attachment 2 — Zoning By-law Amendment Interested Parties: List of Interested Parties available from Department. CJaF• gtOR Attachment 1 to Report PSD-058-20 Conditions of Draft Approval File Number: S-C-2018-0002 Issued for Concurrence: November 9, 2020 Notice of Decision: Draft Approved: Faye Langmaid, FCSLA, RPP Acting Director of Planning and Development Services Municipality of Clarington Part 1 — Plan Identification 1.1 The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2018-0002 prepared by GHD Inc. identified as job number 06290-Brookhill, dated May 14, 2018, which illustrates one low rise high density block intended for a six storey apartment building with 86 units and underground parking, 119 townhouse units, including 55 dual frontage townhouses units and 64 back-to-back townhouses units, private lanes, amenity space and visitor parking. 1.2 The redline revisions are: (a) Add 0.3m reserves along the frontage of Brookhill Boulevard and Boswell Drive where there are no vehicle entrances to the site. Part 2 — General 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application-forms/subdivision- agreement.pdf The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net 2.2 The Owner shall name all private lanes included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.4 (1) No residential units shall be offered for sale to the public on the draft plan until such time as the exterior architectural design of each building has been approved by the Director of Planning and Development Services. (2) No building permit shall be issued for the construction of any building on any residential block on the draft plan, the exterior architectural design of each building and the location of the building on the block has been approved by the Director of Planning and Development Services. Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning and Development Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning and Development Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning and Development Services which includes all warning clauses/notices prior to any residential units being offered for sale to the public. Site Alteration 2.6 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Public Works regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean Page 12 up, road damage and dust control in accordance with the Dust Management Plan in Section 4.1(6). After registration of a subdivision agreement, the provisions of the Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3 — Final Plan Requirements 3.1 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Reserves • A 0.3 metre reserve to be shown on the revised draft plan along Brookhill Boulevard and Boswell Drive where there are no vehicle entrances to the site. Part 4 —Plans and Reports Required Prior to Subdivision Agreement/Final Plan Registration 4.1 The Owner shall submit the following plans and report or revisions thereof: Phasing Plan (1) The Owner shall submit plans showing the proposed phasing to the Municipality and the Region for review and approval. The Phasing Plan must show how the associated infrastructure within each phase are intended to connect to subsequent phases of development, including the provision of temporary or transitional works such as temporary turning circles, external easements for temporary turning circles, and associated frozen lots/units. Noise Report (2) The Owner shall submit to the Director of Public Works, the Director of Planning and Development Services and the Region, for review and approval, updated noise reports, based on the preliminary noise report entitled Noise Feasibility Study Impact of Adjacent Commercial Uses on the Proposed Residential Development South of Brookhill Blvd, prepared by HGC Engineering, dated April 8, 2019, Project No. 01800761 and preliminary noise report entitled Kaitlin Corporation (Modo Bowmanville) Noise Study Report, prepared by Independent Environmental Consultants, dated May 2018, Project No. SX16-0044-02. Only one revised report is required provided it address all the requirements for traffic and stationary noise and required warning clauses for both. Functional Servicing (3) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Public Works and Central Lake Ontario Conservation Authority. Page 13 Environmental Sustainability Plan (4) The Owner shall submit an update of the Environmental Sustainability Plan based on the preliminary Environmental Sustainability Plan entitled Energy Conservation and Sustainability Plan Application for Draft Plan of Subdivision — Brookhill Site, prepared by Kaitlin, not dated, to the satisfaction of the Director of Planning and Development Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non -toxic, environmentally sustainable materials and finishes. The plan must address the requirements of a Sustainability Report as outlined in Appendix A of the Clarington Official Plan. Soils Management Plan (5) Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Public Works. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Dust Management Plan (6) Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Public Works. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on -site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Page 14 Part 5 —Special Terms and Conditions to be Included in the Subdivision Agreement 5.1 Lands Requiring Site Plans The owner shall not make an application for a building permit in respect of Block 1 until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. 5.2 Parkland The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under section 5.1. of the Planning Act, R.S.O. 1990, c.P.13. The Owner acknowledges that this amount, represents either 5% or at the rate of 1 hectare of land for each 500 dwelling units of the lands included in the draft plan, whichever is greater, and shall be based on the value of the Lands as of the day before the approval of draft Plan of Subdivision S-C-2018- 0002. 5.3 Noise Attenuation The Owner shall not make an application for a building permit for Block 13, as identified on site plan, project 07071, dated April 2015, until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report. 5.4 Common Elements The Owner agrees to identify to purchasers and shall include the following site features as common elements within the future condominium plan: • Amenity Area • Visitor Parking • Wooden Privacy Fencing 5.5 Short Term Leases and Rentals Upon the transfer of the POTL's, the Owner agrees to register covenants and restrictions under Section 119 under the Land Titles Act prohibiting any short-term, less than 30 days rental or lease of any dwelling unit(s) that is/are reliant on and benefit from the common elements condominium. A draft is to be provided to the Municipal Solicitor's office for review and approval, prior to registration. Part 6 — Agency Conditions 6.1 Region of Durham (1) The Owner shall prepare the final plan and shall include a land use table on the basis of the approved draft plan of subdivision, prepared by GHD, Page 15 identified as Project Number 06290-Brookhill, dated May 14, 2018, which illustrates one low rise high density block. (2) The Owner shall submit to the Region of Durham, for review and approval, a revised acoustic report prepared by an acoustic engineer based on the projected traffic volumes provided by the Region of Durham Planning and Economic Development Department, and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment, Conservation and Parks guidelines. The Owner shall agree in the Subdivision Agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date, and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the Subdivision Agreement containing such provisions prior to the final approval of the plan. (3) The Owner shall carry out an archaeological assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Ministry of Tourism, Culture, and Sport. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Ministry of Tourism, Culture and Sport. (4) Prior to the finalization of this plan of subdivision, the Owner must provide satisfactory evidence to the Regional Municipality of Durham in accordance with the Region's Site Contamination Protocol to address the site contamination matters. Such evidence may include the completion of a Regional Reliance Letter and Certificate of Insurance. Depending on the nature of the proposal or the finding of any Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA), an RSC Compliant Phase Two ESA may also be required. The findings of the Phase Two ESA could also necessitate the requirement for an RSC through the Ministry of the Environment, Conservation and Parks accompanied by any additional supporting information. (5) The Owner shall submit plans showing the proposed phasing to the Region of Durham and the Municipality of Clarington for review and approval if this subdivision is to be development by more than one registration. (6) The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. (7) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of Page 16 the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region and are to be completed prior to final approval of this plan. (8) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (9) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 6.2 Conservation Authority (1) Prior to any on -site grading or construction or final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: (a) The intended means of controlling stormwater on the site and conveying stormwater flow from the site to an appropriate outlet, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines, the Brookhill Neighbourhood Subwatershed Study and the Brookhill West Stormwater Management Plan; (b) The intended means of providing water quality treatment for the site in accordance with provincial guidelines, the Brookhill Neighbourhood Subwatershed Study and the Brookhill West Stormwater Management Plan; (c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on -site or other related works; (d) Details on the types and use of Low Impact Development (LID) measures to be implemented within the development to assist in reducing stormwater runoff and meeting infiltration targets in accordance with the water balance and CLOCA requirements. (2) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. (3) The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: Page 17 (a) The Owner agrees to carry out the works referred to in Condition 1 and 2 to the satisfaction of the Central Lake Ontario Conservation Authority. (b) The Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. (c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on -site works. 6.3 School Board (1) The Owner shall agree to include in all offers of purchase and sale a statement that advises the prospective purchaser that attendance at the local public schools may not be guaranteed due to rising accommodation pressures. Pupils may be accommodated in temporary facilities and/or directed to schools outside the area in accordance with continued development and accommodation pressures. 6.4 Canada Post Corporation (1) MODO Bomanville Urban Towns Ltd. covenants and agrees to provide the Municipality of Clarington with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Community Mail Boxes (CMB) as required by Canada Post Corporation and shown on the approved engineering design drawings/Draft Plan, at the time of sidewalk and/or curb installation. MODO Bomanville Urban Towns Ltd. further covenant and agree to provide notice to prospective purchasers of the locations of CMBs and that home/business mail delivery will be provided via CMB. (2) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The developer will consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes or Lock box Assemblies (Mail Room). The developer will then indicate these locations on the appropriate servicing plans (b) The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, as approved by Canada Post. (c) The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the Page 18 closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off (d) The Builder/Owner/Developer will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. (e) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Boxes or Lock Box Assemblies (Mail Room). The developer also agrees to note the locations of all Community Mail Boxes or Lock Box Assemblies (Mail Room)., within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Boxes or Lock Box Assemblies (Mail Room). (f) The owner/developer will agree to prepare and maintain an area of compacted gravel to Canada Post's specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. (g) The owner/developer will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post's concrete pad specification drawings. (h) The developer agrees to provide the following for each Community Mail Boxes or Lock Box Assemblies, and to include these requirements on the appropriate servicing plans: (if applicable) i. - Any required walkway across the boulevard, per municipal standards. ii. - If applicable, any required curb depression for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 6.5 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Public Works. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such Page 19 easements must not impede the long-term use of the lands and will be at the discretion of the Director of Public Works. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7 — Standard Notices and Warnings 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Blocks to which they apply: 7.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for units in Blocks 9 to 16 as identified on site plan, project 07071, dated April 2015, and the Apartment Building: Purchasers/tenants are advised that due to the proximity of the adjacent commercial facilities, noise from the commercial facilities may at times be audible." (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for all units in the Apartment Building— Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for all units in the Apartment Building: "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." Pag(_ 110 7.5 Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: "Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes and lock box assembly that may be located in several locations within this subdivision." 7.6 Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for all lots: "Farm Operations —There are existing greenhouse farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants." Part 8 - Clearance 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning and Development Services shall be advised in writing by, (a) the Region of Durham how Conditions 6.1 have been satisfied; (b) the Central Lake Ontario Conservation Authority how Conditions how Conditions 6.2 have been satisfied; (c) Canada Post how Conditions 6.4 have been satisfied; Part 9 — Notes to Draft Approval 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within Three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning and Development Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The 'age 111 addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1 P 5A1 \\netapp5\group\Planning\^Department\Appli cation Files�ZBA-Zoning\2016�ZBA2016-0031 Brookhill Boulevard (SPA2017-0013)\Draft Approval\S-C-2018-0002 Conditions of Draft Approval_5'Nov'2020.docx Page 112 Attachment 2 to Report PSD-058-20 Corporation of the Municipality of Clarington By-law Number 2020- 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 of the Corporation of the Municipality of Clarington for ZBA2016-0031; 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 amended by adding Special Exception Zone 15.4.46 as follows: 15.4.46 Urban Residential Exception (R4-46) Zone Notwithstanding Sections 3.1 c., g. iv), 3.22 g.; 15.1 a., 15.2 a., c., d., e., f., g., h., and i those lands zoned R4-46 on the Schedules to this By-law shall only be used for an apartment building, stacked townhouse dwelling and link townhouse dwelling. a. Density (maximum) 140 units per hectare i) Maximum number of townhouse units 119 units ii) Maximum number of apartment units 86 units b. Regulations for Link Townhouse Dwellings For the purposes of establishing regulations for each Stacked Townhouse Dwelling, the following specific regulations shall apply as if each unit is located on a lot. i) Lot area (minimum) 100 square metres ii) Lot frontage (minimum) 4.5 metres iii) Lot coverage (maximum) 75 percent iv). Yard Requirements (minimum) a) Front Yard 4.0 metres to a dwelling 6.0 metres to a garage door b) Interior side yard 1.5 metres, nil where a building has a common wall with any adjacent unit in the same zone c) Exterior side yard 4.20 metres to a private lane 2.3 metres to a visitor parking space C:\Program Files\eSCRIBE\TEMP\1583576545\1583576545,,,Attachment 2 to Report PSD-058-20.docx c Z d) Rear Yard 4.0 metres to a dwelling 2.5 metres to a porch fronting a public street 2.5 metres to a porch fronting onto amenity space v) Landscaped Open Space (minimum) 10 percent vi) Building Height (maximum) 12.0 metres Where a Link Townhouse Dwelling Lot is a through lot with frontage on both a Public Street and a Private Lane, the lot line along the Public Street shall be deemed to be the Rear Lot Line. vii) Special Yard Regulations a) An unenclosed and uncovered deck with a minimum height of 2.5 metres may encroach into the required front yard a maximum of 4.0 metres provided it is located over a parking space provided at grade. Regulations for Stacked Townhouse Dwellings i) For the purposes of establishing regulations for each Stacked Townhouse Dwelling, the following specific regulations shall apply as if each unit is located on a lot. ii) Lot Area (minimum) 80 square metres iii) Lot Frontage (minimum) 6.5 metres iv) Lot coverage (maximum) 80 percent v) Yard Requirements (minimum) a) Front Yard 6.0 metres to a garage 4.0 metres to a dwelling 2.5 metres to a porch b) Exterior Side Yard 4.0 metres to a dwelling 2.0 metres to a porch c) Interior side yard 2.0 metres, Nil where a building has a common wall with any building on an adjacent unit in the same zone d) Rear Yard Nil where a building has a common wall with any building on an adjacent unit in the same zone vi) Landscaped Open Space (minimum) 7 percent vii) Building Height (maximum) 12.0 metres viil) Special Yard Regulation a) An unenclosed and uncovered deck with a minimum height of 2.5 metres may encroach into the required front yard a maximum of 4.0 metres provided it is located over a parking space provided at grade. Regulations for Apartment Building i) Yard Requirements (minimum) a) Front Yard 4.5 metres b) Exterior Side Yard 4.5 metres c) From a private lane or visitor parking space 4.5 metres ii) Dwelling Unit Area (minimum) a) One Bedroom Dwelling Unit 43.0 square metres b) Two Bedroom Dwelling Unit 62.0 square metres iii) Lot coverage (maximum) 50 percent iv) Landscaped Open Space (minimum) 25 percent v) Building Height (maximum) 23.0 metres v) Building Height (maximum) 6 Storeys vii) Bicycle Parking (minimum) a) 0.5 spaces per dwelling unit b) 75% of the required spaces shall be within a building or structure viii) Parking structure regulations (minimum) a) Setback from the property line 0.6 metres b) No portion of the underground parking structure, above finished grade, shall be located within the front or exterior side yard, with the exception of air intake or exhaust shafts not exceeding 0.5 metres above finished grade. e. Provisions for Watermeter Building i) Yard Requirements (minimum) a) Setback from a private lane 1.0 metres 2. Schedule `3' to By-law 84-63, is amended by changing the zone designation from "Agricultural (A) Zone" to "Urban Residential Exception (R4-46) Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule `A' attached forms part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of , 2020 Adrian Foster, Mayor June Gallagher, Municipal Clerk