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HomeMy WebLinkAboutPSD-045-15 Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: September 14, 2015 Report Number: PSD-045-15 Resolution Number: _ tX_5 File Number: ZBA 2014-0013 By-law Number: t Report Subject: Application by Zemer Holdings Ltd. to rezone lands to permit an apartment building at 50 Martin Road in Bowmanville Recommendations: 1. That Report PSD-045-15 be received; 2. That the Zoning By-law Amendment application submitted by Zemer Holdings Ltd. be approved as contained in Attachment 1 to Report PSD-045-15; 3. That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, including a site plan agreement that provides for: a) Construction of a temporary sidewalk along the east side of Regional Road 57 from the subject site to Aspens Springs Drive if the development proceeds in advance of the reconstruction of Regional Road 57; b) Construction of a trail, publicly accessible if feasible, to provide a pedestrian connection for this development to Rhonda Park, the interior of the neighbourhood and ultimately a connection to the downtown; c) An Environmental Impact Study addressing the proposed storm sewer connection to Rhonda Boulevard and the pedestrian trail; and d) An appropriate design and provision of easements to facilitate shared access connection between the approved entrance and a minimum of four parcels to the north the By-law authorizing the removal of the (H) Holding Symbol be approved; 4. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-045-15 and Council's decision; and 5. That all interested parties listed in Report PSD-045-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-045-15 Page 2 Report Overview This is a recommendation report on a rezoning application by Zemer Holdings Ltd. to permit an apartment building containing 71 units at 50 Martin Road in Bowmanville. The proposed zoning by-law amendment would permit an apartment building on the subject lands. The zoning by-law will create a suitable building envelope for the apartment building with site specific regulations including vehicular and bicycle parking, amenity space, relationship to Martin Road and maximum height. Since a site plan application has not been submitted or approved, there will be additional conditions imposed for removing the Holding (H) symbol relating to pedestrian connectivity, environmental impacts, urban design and shared access arrangements. 1 . Application Details 1.1. Owner/Applicant: Zemer Holdings Ltd. 1.2. Agent: D.G. Biddle & Associates Ltd. 1.3. Proposal: To rezone the lands from the existing Urban Residential Type One (R1) Zone to an appropriate zone to permit the requested use. 1.4. Area: 1.3 hectares. 1.5. Location: 50 Martin Road (Regional Road 57), Part of Lot 14, Concession 1, Former Town of Bowmanville (See Figure 1). 1.6. Within Built Boundary: Yes 2. Background 2.1 Zemer Holdings Ltd. purchased the subject lands in June 2011 and a pre-consultation meeting was held with staff and agencies in August 2011. The rezoning application was initially submitted April 7, 2014. It was subsequently revised and additional information was submitted allowing the application to be deemed complete in August 2014. 2.2 The applicant hosted a Public Information Centre on December 3, 2014. A summary of the comments heard at Public Information Centre is included in Section 7 of this report. 2.3 The Public Meeting under the Planning Act was held on January 19, 2015. Since that time, the applicant prepared a revised submission to address staff, agency and public comments. The revisions include modifications to parking and amenity space, and the building envelope was revised slightly. The revised servicing plan illustrates a new storm sewer extending easterly down the slope and through Rhonda Park to connect to an existing stormwater management facility. Municipality of Clarington Report PSD-045-15 Page 3 Figure 1: Site Map N 26 �— sA N s2 N`" r N �, 105 LO do `"` � 51 TREWIN LANE � 103 0 30 h h^ "VV 101 6)�chtf�� 99 117 r, 34 97 a - 115 a- 113 39 � 38 93 107 Z Rhonda Park 92 91 105 42 101 Aspen W 99 springs w.p... E84 Plaza 46 ne�mm� � Wa 95 P 93 91 PJ°JJVP`, a 81 8 JP J )' l t Q 79 Blaisdale W P ,O — 87 W.ei:na Montessori 77 vw 4 }`' School HARTWELLAVENUE m 75 J J J J J J 80 P ° P o 73 79 P o" ) t) J Z 77 jAspen 71 75 A2 �o m m r 1 N N N N o w a o o co N 69 73 4g DOREEN CRESCENT 67 71 o 46 65 69 48 c`r'i m M N N N N N c ;02 58 63 56 59 5 ' rn 5a ti rm 54 53 63 g0 52 51 ZBA 2014-0013 2.4 The preliminary site plan submitted with the application illustrates a proposed 71-unit apartment building fronting onto Martin Road. As the site slopes significantly to the east, the preliminary building plan has a walk-out basement with a facade of 4 storeys along Martin Road, and 5 storeys at the rear (east side) of the building (See Figure 2 — Preliminary Elevations). 2.5 The following plans and studies in support of the application have been received and are reviewed in this report: • Planning Justification Report • Traffic Impact Brief • Environmental Impact Statement • Phase 1 Environmental Site Assessment • Functional Servicing Report • Geotechnical Report Municipality of Clarington Report PSD-045-15 Page 4 Figure 2: Preliminary Elevations r r r pT UT r rT WEST ELEVATION *111 1-1-JEd r C' I rte! r ( ® 2 [7]77 . _ r: r r Jim_ L_ LAST ELEVAI ION s i a �r ;II NORTH ELEVATION SOUTH ELEVATION I Land Characteristics and Surrounding Uses 3.1 A single family dwelling is located on the subject lands. The dwelling is located on a plateau adjacent to Martin Road, also referred to as Regional Road 57. The site slopes significantly to the east approximately 15 metres. The slope is vegetated. 3.2 The surrounding uses are shown in Figure 3 and outlined below: North: Single detached residential units on existing semi-rural lots South: Semi-detached dwellings along Doreen Crescent East: Blaisdale Montessori School and Rhonda Park along Rhonda Boulevard West: Retail and service commercial uses; existing low density residential Municipality of Clarington Report PSD-045-15 Page 5 Figure 3: Aerial Photograph illustrating surrounding uses LD W ' F Future " +r Tim�Hortons.1 C future Site `" * T 'E. I. i Future GO '?�, , -'Car Wash g' 1 , N LAND. M dW � GLEN LO y, 1 rZ a Rhonda Pa k�".Y' ,� CE GA E LAVER w ' 1, �i � _- .r�� p S FRYCRES ±� �Qj 4Plaza _ �u x .,,a.,. lLdF, - 1~ z J Blaisdale o o - . Subject M - Montessori HARTVVELLAVENUE. Prop e ,y - School > _ iM w r x Medical i■ Building 1! =< 1 F 1 w r J Z '- CCommeFcaat LAI- �,;'+ DOREEN CRESG'ENT - p plaza w Y +1 w CANDLER - --- T N NYCASTlE DR-. � TC-Nt4Y DR ' 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. Opportunities for redevelopment and intensification are encouraged, and natural features shall be protected. Municipalities must provide a variety of housing types and densities, and a range of housing options that are affordable to the area residents. Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. The subject application is consistent with the Provincial Policy Statement. Municipality of Clarington Report PSD-045-15 Page 6 4.2 Provincial Growth Plan The subject lands are within the defined Built Boundary. Population and employment growth will be accommodated by directing a significant portion of new growth to the built up areas through intensification and efficient use of existing services and infrastructure. The development of complete communities is encouraged by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit-supportive and pedestrian-friendly developments will be concentrated along existing and future transit routes. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built up area. The proposed development will contribute to intensification within the built boundary. 5. Official Plans 5.1 Durham Regional Official Plan Within the Durham Regional Official Plan, the lands are part of part of the Urban System and designated Living Area. Part of the subject lands are identified as having a Key Natural Heritage Feature. The site has access to a Type A Arterial Road. Living Areas incorporate the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads, and develop with particular consideration for supporting and providing access to public transit. By 2015, and each year thereafter, urban areas across the Region shall be planned to accommodate a minimum 40% of all residential development occurring annually through intensification within built-up areas. Development or site alteration is not permitted in key natural heritage and/or hydrologic features, including any associated vegetation protection zone, as determined by an Environmental Impact Study. Type 'A' Arterial Roads are designed to move large volumes of traffic and predominantly serve inter-regional and inter-municipal trips, with rigid and progressive access control. They have a right-of-way width between 36 and 45 metres. Private access points are generally located a minimum of 200 metres apart in Urban Areas. Mixed use and higher density developments are permitted with shared access points. On-street parking is not permitted and/or prohibited during peak periods. The flow, at speeds of up to 70 kilometres per hour, is uninterrupted with the exception of at signals. Type 'A' Arterial Roads connect with freeways and arterials and may serve as regional transit spines. The application conforms to the Durham Regional Official Plan. Municipality of Clarington Report PSD-045-15 Page 7 5.2 Clarington Official Plan The lands are designated Urban Residential and are within the Waverley neighbourhood. The housing target for the neighbourhood identifies approximately 75 intensification units by the year 2016. The proposed apartment building is an example of intensification. Intensification units encompass all density types. The development conforms to the housing and population targets of the Official Plan. A woodland feature is present on the sloped area of the site. An Environmental Impact Statement reviewing the sensitivity of the feature and anticipated impacts of development was submitted in support of the application. Martin Road (Regional Road 57) is a designated Type A Arterial Road which provides a high level of services and operating speeds. One private access is allowed for every 200 metres. Urban Design policies encourage a high quality public realm, and give priority to sustainable design, including environment-first principles, walkability, land efficiency, compact and connected communities and resource and energy efficiency. Attractive and safe communities are encouraged to create a sense of place and a diversity of built form. The built form should facilitate active transportation and public transit. The application conforms to the Clarington Official Plan. 6. Zoning By-law The subject lands is currently zoned Urban Residential Type One (R1) under Zoning By- law 84-63. The submitted application to amend the Zoning By-law is necessary to implement the proposed apartment building use. 7. Summary of Background Studies 7.1 Planning Justification Report, D.G. Biddle & Associates Limited, July 2014 The report reviewed the proposed use of the subject site against Provincial, Regional and Municipal planning policy and concluded that the proposed apartment use is appropriate for the site and neighbourhood from a planning perspective. The report gives an overview of the submitted supporting studies and highlights that detailed design plans will be submitted with the site plan application. The report determines that site development will not have a significant negative impact on the surrounding natural environment or adjacent land uses and the existing arterial road will adequately handle any increase in traffic. The apartment use will be a benefit to the Bowmanville Urban Area in providing a broader choice in housing for residents. Municipality of Clarington Report PSD-045-15 Page 8 The report concludes that the proposed rezoning application and site development is consistent with current Provincial, Regional and local planning policy and represents good planning. 7.2 Traffic Impact Brief, Tranplan Associates January 2014 The report found that the future site-generated traffic will have no appreciable impact on the surrounding road network. The entrance for the site is recommended at the north end of the property and constructed to current Region of Durham standards for a residential entrance to a multi-lane arterial road. The full movement site entrance will require only one inbound and one outbound lane. The new internal site roadway will be constructed to meet local and regional standards and will include a sidewalk to support pedestrian connectivity. All signage and pavement markings are to be constructed in accordance with standard design guidelines. 7.3 Environmental Impact Statement Niblett Environmental Associates Inc November 2013 The applicant's environmental consultant assessed the woodland and surveyed the property for species at risk. The woodland is an isolated feature and lacks connectivity to other features in the larger urban landscape. There are no other associated natural heritage features present, and the woodland is not a sufficient size to be determined significant. The consultant determined that there is no suitable habitat for any species at risk on the property. While the woodland feature is not deemed significant, the report highlights that the building envelope for the apartment building will be outside the woodland. The site plan to be submitted should retain as much tree cover as possible. 7.4 Phase One Environmental Site Assessment Geo-logic Inc December 2013 The property was found to have a low risk of existing soil contamination and is suitable for future residential development. No further soil investigation is warranted. 7.5 Functional Servicing Report, D.G. Biddle & Associates Limited July 2014 revised March 2015 The report confirms that there are existing water and sanitary services along Regional Road 57 that can accommodate the proposed development. Regional Road 57 does not currently have storm sewer services within the right-of-way. The report provides preliminary details for a storm sewer connection through Rhonda Park. Stormwater quality controls will be achieved by an oil/grit separator and Low Impact Development techniques. Stormwater quantity will be managed by detaining stormwater on site prior to discharging through Rhonda Park. The detailed design during the site plan process will also implement erosion and sediment controls. Municipality of Clarington Report PSD-045-15 Page 9 7.6 Geotechnical Investigation Report, Geo-logic Inc., January 2014 The report provides details of subsurface soil and groundwater conditions on the lands and provides geotechnical recommendations regarding earthwork construction, re-use of existing soils as backfill material, foundation and slab-on-grade design, service installation, pavement design and slope assessment. The consultant confirmed that the slope is considered stable at a maximum grade of approximate 5:1 (horizontal grade:vertical grade) and determined further slope stability study is not required. 8. Public Submissions Prior to the Public Meeting under the Planning Act, the applicant held a Public Information Centre on Wednesday, December 3, 2014 at the Garnet B. Rickard Recreation Facility. Nine members of the public were in attendance, in addition to the applicant, the applicant's Planning Consultant, Clarington Planning Staff, and the Ward 1 Local Councillor. The Public Meeting under the Planning Act was held on January 19, 2015. Public Notice of the complete application and the public meeting was given by mail to each landowner within 120 metres of the subject site and a public meeting sign was posted on the subject lands. Eight residents contacted staff regarding the application with concerns and or objections, however no members of the public spoke at the Public Meeting. The following comments were collected during the public consultation phase: • Traffic congestion, pedestrian safety and lack of signals at Hartwell/Highway 57 • Density and built form is not in keeping with existing area • Property values may decrease • Concern that the units would be subsidized/geared to income • Privacy concerns • Fencing would need to be installed • Impacts to environment and existing vegetation • Grading and drainage implications • Development would increase noise impacts to neighbourhood • Questions relating to eventual improvements to Highway 57 (Regional undertaking) • Too little parking provided • Driveway is too small • Building would impede views to the west • Owner to north requests privacy fence and minimal disruption during construction • Positive impact to area businesses and the downtown • Offers an affordable housing choice • Development would help to improve the lifestyle of residents in the community • Increases property values along Martin Road • Built form and architectural treatment should be compatible with existing character • Concerned about piece-meal approach to development on the east side of Martin Road Municipality of Clarington Report PSD-045-15 Page 10 9. Agency Comments 9.1 Regional Planning and Economic Development Regional Planning finds the proposed use is consistent with Provincial planning policies and conforms to the Region of Durham Official Plan. The site is connected to municipal water and the sanitary sewer must be extended from Hartwell Avenue across Regional Road 57. A road widening must be provided. Regional Works has reviewed the Traffic Impact Study and the access to the site is to be located at the north limit of the site as shown on the site plan. Shared access points for lands along the east side of Regional Road 57 must be considered. The site design should consider pedestrian connectivity and relationship to Martin Road in more detail. The Region also notes that the grading of the site should be revised to avoid high retaining walls which would prevent any shared access arrangements with properties to the north. Regional Health Department has no objections provided the development is serviced by municipal sanitary sewer and municipal water. Durham Region Transit has no objection. 9.2 Central Lake Ontario Conservation Authority The Conservation Authority does not object to the application and accepts the general assumptions of the stormwater management plan, and is satisfied that a suitable storm sewer connection is feasible for this development. Water quality and quantity, grading, overland flow and erosion control can be finalized at the detailed site plan stage. The Conservation Authority accepts the findings of the environmental consultant but requests that standard mitigation measures be prepared to minimize impacts to the feature and its function and that the environmental consultant provide an evaluation of the area to be disturbed for the storm sewer connection and should consider compensation planting. The additional work required by the environmental consultant can be finalized at the site plan stage. 9.3 Kawartha Pine Ridge District School Board The local Public School Board has no objections to the application. Students would attend Waverley Public School and Clarington Central Secondary School. Since the Public Meeting, the school board has confirmed that students along Martin Road are bussed to Waverley Public School. Municipality of Clarington Report PSD-045-15 Page 11 9.4 Other Agencies Veridian, Canada Post, Enbridge and Rogers have provided no objections. Technical comments provided have been forwarded to the applicant. 10. Departmental Comments 10.1 Engineering Services The Engineering Services Department highlights that Regional Road 57 is under the authority of the Region of Durham. Access and servicing must be approved by the Region. Engineering Services is generally satisfied with the principle of extending the storm sewer easterly down the slope and through the park to the stormwater management pond and is willing to consider granting an easement for construction and maintenance in favour of the applicant. Further discussion is required with respect to the detailed design which can be addressed at the site plan stage. A restoration planting plan will be required. Providing suitable pedestrian connections/sidewalks will be a condition of approval from the Municipality of Clarington in the event that the eventual reconstruction of Regional Road 57 has not occurred prior to development of the subject lands. Engineering requests that the developer construct a temporary municipal sidewalk northerly from the site to Aspen Springs Drive which will provide for a signalized pedestrian connection. The developer will be required to cover the costs of maintaining this sidewalk until Regional Road 57 is reconstructed to a full urban standard. Other matters to be resolved prior to final approval include cash in lieu of parkland, entrance illumination and provision of dedicated snow storage. 10.2 Emergency and Fire Services Fire and Emergency Services has no objection to the rezoning and advised that the Fire Route must be shown on the site plan should approval be granted. They request clarification on whether the building will be sprinklered. This will be dealt with during site plan approval. 10.3 Operations Department The Operations Department has no objection and provided comments that can be implemented at the site plan approval stage should the rezoning be approved. 10.4 Building Division The Building Division has no objections. Municipality of Clarington Report PSD-045-15 Page 12 11 . Discussion 11.1 The subject lands are within the urban area and the Official Plan policies support the requested use. Provincial and Regional intensification policies are also supportive of the development. 11.2 Built Form and Density The proposed apartment building is an example of intensification. The proposed development will be four storeys high facing Martin Road which is considered a medium density development built form. The site density complies being 58 units per hectare. This is appropriate given the site's location along a major arterial road and in an area where lands will be available for redevelopment over the longer term. The development conforms to the housing and population targets of the Official Plan. The proposed Clarington Official Plan 2015 identifies lands on the east side of Regional Road 57 as a Local Corridor and the apartment use will continue to conform to the policies that promote higher densities, transit oriented development, redevelopment and intensification. While specific design guidelines and/or a secondary plan for this local corridor have not been considered, Staff are satisfied that this development is an appropriate form of intensification. Future development along the east side of Martin Road, between the subject lands and the railway, require parcel consolidation and will be more long term. The preparation of design guidelines and/or a secondary plan for local corridors will take place once the new Official Plan policies are in place. However, the development will allow for a shared access point on the east side of Martin Road. The maximum height for a local corridor is 4 storeys therefore the proposed building will be consistent with future intensification projects along Regional Road 57. The proposed zoning by-law would place the subject lands in a site specific Urban Residential Zone (Attachment 1) that will require both minimum and maximum yard setbacks for the building, and balconies, to maintain an appropriate distance between the building and the road. The maximum permitted height of the building will be 17.5 metres which is measured from the lowest point of grade to the top of the flat roof. 11.3 Piece-meal Development of Corridor Promoting a piece-meal approach to developing the corridor was raised as a concern, however, as mentioned in Section 11.2, the subject development will set the stage for future redevelopment opportunities to the north. The development is at the south end of the strip of lots that have redevelopment potential and is significantly larger. This development will serve as an anchor leading into the corridor, leading to the future GO Transit site and both the Bowmanville West and East Town Centres. This site is 1.29 hectares in size, while the parcels to the north, 15 in total, range in size from 0.1 to 0.4 hectares, with a depth of approximately 50 metres. The smaller parcels are expected to take longer to assemble and redevelop. The neighbouring parcels could accommodate multi-residential uses at a smaller scale. Redevelopment of the existing Municipality of Clarington Report PSD-045-15 Page 13 lots with traditional and stacked townhouse units and smaller apartment buildings would complement the proposed apartment building. To address the concern of promoting a piece-meal approach to development, Staff have prepared a preliminary concept showing one possible layout that would meet the objectives of the new Local Corridor policies and provide limited and shared access points through a lane system. The concept demonstrates that the subject lands are of a sufficient size to accommodate the proposed use, does not rely on other parcels to fully develop, nor does the proposed development negatively impact the development potential of other lands in the area. That being said, establishing an opportunity for a shared access point with adjacent lands will be a requirement for the subject application and is further discussed in the following sections. FIGURE 4: Preliminary Concept showing Shared Access and Driveways 137- K V FLL6 L:H::::J V W11 , E r� 4 PE I Proposed Site --- -- c J - _ : HAkTWELt_AVENJE �8411diflg a,Jn i1 V Hiyht 4!way j LBA 2014-0013 Municipality of Clarington Report PSD-045-15 Page 14 11.4 Pedestrian and Vehicular Access to Regional Road 57 The findings of the traffic study have been accepted and the development will have no appreciable impact on the surrounding road network. The entrance at the north end of the property is supported by the Region of Durham and they identify that opportunities for shared access points should be encouraged. The Region of Durham is currently undertaking an Environmental Assessment for Regional Road 57. The study commenced in December 2014 and the first Public Information Centre was held in March 2015. Pedestrian safety and connectivity at Hartwell Avenue was raised by attendees as a concern. Next steps in the process include another Public Information Centre with the release of a document outlining the preferred options, and background on the alternatives, prior to final approval of the Environmental Assessment document. The Environmental Assessment is expected to be finalized in late 2015/early 2016. The Environmental Assessment will provide direction on long term pedestrian facilities along Regional Road 57. The applicant will be required to satisfy Engineering Services requirement to construct a temporary municipal sidewalk northerly from the site, on the east side of Regional Road 57, to Aspen Springs Drive which will provide for a signalized pedestrian connection. The developer will be required to cover the costs of maintaining this sidewalk until Regional Road 57 is reconstructed to a full urban standard. 11.5 Pedestrian Connection to Rhonda Park The subject lands are on the periphery of the neighbourhood but without ready access to the internal facilities such as Rhonda and Waverley Park, Waverley Public School and the Blaisdale Montessori School. It would also provide a more convenient walking route to the Downtown. It would be desirable to allow for public access from the internal neighbourhood as well to access transit and other amenities on Regional Road 57. The site grades make the construction of a public trail difficult, within the constraints of this property. This may be considered further and in particular, in consideration of future properties being redeveloped. However, at the very least a private pedestrian trail should be required to provide the residents of this building access to Rhonda Park. This matter will be examined in more detail as the site plan is prepared. 11.6 Servicing Water and sanitary services are available along Regional Road 57. Stormwater can be accommodated by extending a storm sewer easterly down the slope and through Rhonda Park and outlet to the existing stormwater management facility in the park. Although the principle of this option is not opposed, prior to determining the final details, an update to the Environmental Impact Study is required to assess impacts and propose suitable compensation. Municipality of Clarington Report PSD-045-15 Page 15 11.7 Conditions to be Satisfied Prior to Removing (H) Holding Symbol Planning Staff have considered withholding the recommendation on the Zoning By-law Amendment until the findings of the Environmental Assessment are released and approved. However, staff are satisfied that adding site specific conditions to be satisfied prior to removing the (H) Holding symbol is an appropriate planning tool to ensure the orderly development of the lands. This will allow the principle of the development to be approved. The Official Plan has provisions for applying and removing the Holding Symbol pursuant to the Planning Act. Among other matters, the policies allow holding provisions to be used to ensure measures are in place to protect natural areas; measures are in place to mitigate the impact of development; and, the submission of any other requirements as may be deemed necessary by Council including the implementation of the policies of the Official Plan. Staff recommend that in addition to the standard conditions for removing the (H) Holding symbol such as entering into a development agreement and satisfying all financial obligations, the following conditions must also be satisfied, through the site plan agreement: a) Construction of a temporary sidewalk along the east side of Regional Road 57 from the subject site to Aspens Springs Drive if the development proceeds in advance of the reconstruction of Regional Road 57; b) Construction of a trail, publicly accessible if feasible, to provide a pedestrian connection for this development to Rhonda Park, the interior of the neighbourhood and ultimately a connection to the downtown; c) An Environmental Impact Study addressing the proposed storm sewer connection to Rhonda Boulevard and the pedestrian trail; and d) An appropriate design and provision of easements to facilitate shared access connection between the approved entrance and a minimum of four parcels to the north the By-law authorizing the removal of the (H) Holding Symbol be approved; 11.8 Other Site Plan Related Matters The applicant and their consulting engineer have been notified that the preliminary grading plan and surface parking layout is unacceptable. The plan indicates the parking lot would be contained by retaining walls as high as 3 metres. This would severely limit any opportunities for a shared driveway connection with lands to the north. The grading plan needs to be revised to be sympathetic to existing grades both on and off site. The site plan process will allow the applicant to work towards satisfying the site-specific provisions for the removal of the Holding Symbol and to consider all other site plan review Municipality of Clarington Report PSD-045-15 Page 16 items including final building design, landscaping, entrance and site lighting. The agreement will also contain provisions requiring a cash in lieu of parkland payment. 11.9 Staff have reviewed all public comments and all concerns have been addressed to the extent possible. The concerns of the public will continue to be taken into account during the site plan review stage. Staff will consider additional elements such as screening through landscaping and fencing; window placement; and location of loading areas, etc. in response to concerns of neighbouring residents. 11.10 The applicant proposes to increase the height of the mutual property fence between the subject lands and the lots fronting onto Doreen Crescent, from the maximum permitted 2.1 metres to 2.4 metres. This solution is premature until a formal site plan application is received and there is a full understanding of all items such as grading, building design, and landscaping. 11.11 All taxes owing to the Municipality of Clarington have been paid in full. 12. Concurrence Not Applicable 13. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application to rezone the subject lands to permit an apartment building be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan and will contribute to providing a variety of affordable housing types. Submitted by: Reviewed by: D Vi , MCI P, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Anne Taylor Scott, Planner II, 905-623-3379 ext. 2414 or ataylorscott(a-clarington.net Municipality of Clarington Report PSD-045-15 Page 17 Attachments: Attachment 1 — Proposed Zoning By-law Amendment The following is a list of the interested parties to be notified of Council's decision: John Passalacqua Michael Fry Colleen Lush Rose and Norman Watkins Michelle Hardwick Jennifer Crespo Suzanne Barnes Jeff Guthrie Ruth Kolisnyk Dean Jacobs Catherine Dahlke, Drew Donmoyer, Cooper Donmoyer Henry Kortekaas Associates Inc. Gary Scott Ray Fadavi Rick Vanderkooi A Stones Throw Pub & Grill Physio Can c/o Brenda The Little Hair Shop c/o Joanne Bob Wine Jackie H. Snyder Joseph & Antoinette Passalacqua Christina Tourigny Ralph Tukker Rachel Smida DJC/CP/ATS/SN/df Attachment 1 to Municipality of Clarington Report PSD-045-15 Corporation of the Municipality of Clarington By-law 2015- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2014-0013; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 15.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby amended by adding thereto, the following new Special Exception: "15.4.40 URBAN RESIDENTIAL EXCEPTION (R4-40) ZONE Notwithstanding 3.16 a., 3.16 c., 15.2 a., c., g., h., and i. on those lands zoned "R2- 82" on the Schedules to this By-law shall be subject to the following zone provisions: a. Regulations for Apartment Buildings i) Density (minimum) 50 units (maximum) 75 units ii) Yard Requirements (minimum) a) Front Yard 6 metres to building; 4 metres to balcony; b) Interior Side Yard 7.5 metres c) Rear Yard 7.5 metres iii) Yard Requirements (maximum) a) Front Yard 9 metres to building; 7 metres to balcony i I iv) Yard Requirements Exception Notwithstanding 15.4.40 a. ii) and iii) where a building exceeds 10.0 metres in height, the minimum and maximum front yard requirements shall increase in direct proportion to the increase in building height above 10.0 metres. v) Building Height (maximum) 17.5 metres vi) Indoor Amenity Space (minimum) 2.0 square metres/unit vii) Outdoor Amenity Space (minimum) 4.0 square metres/unit viii) In addition to the requirements of 3.16 e., a minimum of 0.25 spaces per unit shall be provided for visitor parking. ix) Bicycle Parking Spaces (minimum) 25% of the required parking spaces x) Notwithstanding 15.4.40 a. viii) above, a maximum of 10% of the required parking spaces may be tandem parking spaces. Each tandem parking space shall be a minimum of 2.75 metres wide and 11.5 metres long and shall be equal to 2 parking spaces. All other spaces shall be a minimum of 2.75 metres wide and 5.7 metres wide, unless designated accessible parking spaces. A) The provisions of Section 3.1 j. (iv) continue to apply, except where they are in conflict with the yard requirements for a balcony as specified in Section 15.4.40 a. ii) and iii). 2. Schedule '3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R4-40) Zone" as illustrated on the attached Schedule `A' hereto. 3. Special Provisions for Removal of the (H) Holding Symbol In addition to the general provisions of the Official Plan with respect to the removal of the (H) Holding symbol, Council shall only enact a by-law to remove the (H) Holding Symbol from the R4-40 Zone once the following additional site specific conditions are fulfilled: a) Construction of a temporary sidewalk along the east side of Regional Road 57 from the subject site to Aspens Springs Drive if the development proceeds in advance of the reconstruction of Regional Road 57; b) Construction of a trail, publicly accessible if feasible, to provide a pedestrian connection for this development to Rhonda Park, the interior of the neighbourhood and ultimately a connection to the downtown; c) An Environmental Impact Study addressing the proposed storm sewer connection to Rhonda Boulevard and the pedestrian trail; and d) An appropriate design and provision of easements to facilitate shared access connection between the approved entrance and a minimum of four parcels to the north 4. Schedule `A' attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. B -Law y passed in open session this day of , 2015 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2015- , passed this day of , 2015 A.D. GI _J: I - z LJ F L © � i w J a � 0 z m HARTWELLAVENUE EEN CRESCENT N CANDLER CT ————I fl TDOR7 T ®Zoning Change From "R-1"To"(H)R4-40" Adrian Foster,Mayor C.Anne Greentree, Municipal Clerk Q 3 b Bowmanville ZBA 2014-0013 ■ SCHEDULE 3