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Report To: Special Planning and Development Committee
Date of Meeting: September 12, 2022 Report Number: PDS-040-22
Submitted By: Carlos Salazar, Director of Planning and Development Services
Reviewed By: Mary -Anne Dempster, CAO
File Number: ZBA2022-0012 and SPA2022-0011 Resolution#: PD-094-22, C-194-22
Report Subject: Application to amend the Zoning By-law to allow the development of two
mixed use buildings at the northwest corner of Bowmanville Avenue and
Asoen SDrinas Drive in Bowmanville
Purpose of Report:
The purpose of this report is to provide information to the public and Council. It does not constitute,
imply, or request any degree of approval.
Recommendations:
1. That Report PDS-040-22, be received for information only;
2. That Staff receive and consider comments from the public and Council with respect to the
above referenced applications; and
3. That all interested parties listed in Report PDS-040-22 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PDS-040-22
Report Overview
Page 2
The Municipality is seeking public input on an application to amend Zoning By-law 84-63 to
permit a proposed multi -residential, mixed -use development. The proposal includes a 9-
storey mid -rise, mixed -use building and a 25-storey, twin -tower, mixed use building featuring
a total of 607 residential units as well as 624.8 square metres of commercial space on the
ground floor. The site measures approximately 0.98 hectares area, resulting in a proposed
housing density of 620 units per hectare.
The site plan details will be addressed through the ongoing concurrent Site Plan application
and a future Plan of Condominium application.
The Zoning By-law Amendment and Site Plan applications have been deemed complete.
1. Application Details
1.1 Owner: 2346120 Ontario Inc. (managed by Sunray Group)
1.2 Applicant: Gagnon Walker Domes Ltd.
1.3 Proposal: Zoning By-law 84-63 Amendment
To rezone the subject lands to a zone appropriate to permit a multi- residential, mixed -
use development that includes a 9-storey mid -rise building and a 25-storey, twin -tower
mixed use building featuring a total of 607 residential units as well as 624.8 square
metres of commercial space on the ground floor.
1.4 Area: 0.98 ha
1.5 Location: 10 Aspen Springs Drive, Bowmanville
1.6 Within the Built Boundary: Yes
2. Background
2.1 On May 13, 2022, 2346120 Ontario Inc. (Sunray Group) submitted an application to
amend the Zoning By-law and a corresponding Site Plan Application to permit a multi -
residential, mixed -use development (See Figures 1 and 2). The proposal consists of
two building footprints.
2.2 Building One is proposed as a twin -tower, mixed use building with a four -storey podium
base and two towers up to 25 storeys in height, situated along the site's Bowmanville
Avenue frontage. Building One would include a total of 485 residential units and 433.4
m2 of street related commercial space on the ground floor. Building Two is proposed as
a nine -storey mixed -use building situated along the Aspen Springs Drive frontage, with
Municipality of Clarington
Report PDS-040-22
Page 3
122 residential units and 191.4m2 of retail commercial spaces on the ground floor,
facing Bowmanville Avenue. Primary vehicular access to the site is proposed from
Aspen Springs Drive to the internal driveway configuration that includes drop-off
locations for each building and connections to the surface parking area and the
underground parking access ramp. The proposal also includes an additional private
laneway providing access to Bowmanville Avenue, that will be shared with the adjacent
Metrolinx/GO Station lands to the north (Figure 1 and Attachment 1). Prior to the
development of the adjacent Metrolinx/GO Station lands, the laneway would be used
only for eastbound, right -out movements to exit the subject site.
2.3 On June 10, 2022, the applications were deemed complete and subsequently circulated
to departments and agencies for comments.
Figure 1: Proposed Site Layout
Municipality of Clarington
Report PDS-040-22
Page 4
Figure 2: Perspective Rendering of the proposed 9 and 25-storey buildings, looking northwest
2.4 The following studies were submitted in support of the applications:
• Planning Justification Report
• Urban Design Brief
• Sustainability Brief
• Geotechnical Investigation
• Hydrogeological Investigation
• Phase One Environmental Site Assessment
• Traffic Impact and Parking Study
• Environmental Noise Assessment
• Functional Servicing Report
• Soil Management Report
• Preliminary Waste Management Brief
• Pedestrian Wind Assessment
• Landscape and Civil Engineering Plans Package
3. Land Characteristics and Surrounding Area
3.1 The subject site is located at the northwest corner of Bowmanville Avenue and Aspen
Springs Drive in Bowmanville (Figure 3).
Municipality of Clarington
Report PDS-040-22
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Figure 3: Site Location Map
Page 5
3.2 The surrounding land uses are as follows -
North: Vacant Metrolinx/GO Station Lands, and Canadian Pacific Rail Corridor
East: Bowmanville Avenue, and existing single -detached residential dwellings
South: Aspen Springs Drive, existing single -detached residential dwellings
West: Vacant Metrolinx/GO Station Lands, existing three- and four -storey apartment
buildings
Municipality of Clarington Page 6
Report PDS-040-22
4. Provincial and Regional Policy
Provincial Policy Statement (PPS), 2020
4.1 The Provincial Policy Statement, 2020 (PPS) directs growth to settlement areas and
promotes compact development, a variety of housing forms, and residential
intensification to achieve efficient use of land and resources, particularly along public
transit, and active transportation routes. The PPS defines intensification to include the
development of underutilized lots within previous development areas and infill
development, among other uses. Recent changes to the PPS direct planning
authorities to also consider market demand when evaluating development proposals.
Growth Plan for the Greater Golden Horseshoe, 2019 (Growth Plan)
4.2 The Growth Plan is a long-term planning framework that manages growth and
development, primarily within the urban areas of the Greater Golden Horseshoe. It
provides policies that encourage complete communities, which include a diverse mix of
land uses, employment and housing types, high quality public open spaces, and
convenient access to local stores and services.
4.3 New transit -supportive and pedestrian -friendly developments will be concentrated along
existing and future transit routes. The objective is to make efficient use of existing
public infrastructure and encourage compact development within the already built-up
areas of the Municipality.
4.4 The Growth Plan provides for policies on Major Transit Station Areas (MTSAs). MTSAs
are identified as lands within an approximate 500-800 metre radius of a transit station.
They are intended to be developed as high -density, mixed -use, transit supportive
neighbourhoods.
4.5 The subject site is within the MTSA in Bowmanville, as delineated in PDS-008-21, as it
is adjacent to a proposed GO Station site. A minimum of 150 residents and jobs
combined per hectare is required within an MTSA. Areas that surround the proposed
GO Station site need to be designed to incorporate multi -model access and connection
to transit (including active transportation infrastructure). Land uses within MTSAs
should be planned for a mix of uses (residential, commercial and office).
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Regional Official Plan designates the subject lands as a Regional Centre
and adjacent to a future GO Station. Bowmanville Avenue is a Type A Arterial Road.
Regional Centres are targeted for a concentration of uses, including institutional,
commercial, residential, cultural, entertainment, major office, and major retail uses.
5.2 Regional Centres support an overall, long-term density target of at least 75 residential
units per gross hectare and a floor -space index of 2.5 times (not applied on a site basis
but rather across the entire area). This means the built form will need to be an
Municipality of Clarington
Report PDS-040-22
Page 7
appropriate mix of mid -rise and high-rise development (as determined by the area
municipalities).
5.3 The site is located along Bowmanville Avenue. Noise impacts from the arterial road
must be mitigated in accordance with Ministry of Environment, Conservation and Parks
guidelines.
5.4 On December 22, 2021, Regional Council adopted Amendment #186 to the Durham
Regional Official Plan by By-law #49-2021. This Amendment delineated the boundaries
of Protected Major Transit Station Areas (PMTSAs) in all of Durham Region, including
the Municipality of Clarington (Courtice and Bowmanville). The Amendment also
introduced a policy framework to support transit -oriented development and establishes
a minimum density target of 150 people and jobs per hectare within these PMTSAs. The
lands subject to the Zoning By-law Amendment application and the concurrent Site Plan
Approval application are within the Region's delineated PMTSA.
Clarington Official Plan
5.5 The subject lands are within the Bowmanville `Transportation Hub' which shall provide
for a mix of uses at higher densities that are complementary in terms of scale, design,
and context, and are designed to support transit services.
5.6 Within the Bowmanville Transportation Hub, mixed -use and apartment buildings are to
be the predominant housing form, with a minimum net density of 200 units per hectare,
and a minimum height of five storeys. Proposals for multi -unit residential must consider
appropriateness of the site, compatibility, provision of suitable access points, traffic and
parking impacts, and architectural building massing. The urban design and sustainability
policies of the Official Plan must be implemented through the development.
5.7 The area surrounding the Bowmanville Transportation Hub is designated "Urban
Centre" with a "Local Corridor". The Bowmanville West Urban Centre will be planned as
a centre of regional significance providing the highest level of retail and service uses
and shall be the primary focal point of cultural, community, recreational and institutional
uses in Clarington. Local Corridors such as Bowmanville Avenue shall provide for
intensification, mixed -use, and pedestrian and transit supportive development.
5.8 The Official Plan provides direction to the Bowmanville West Urban Centre Secondary
Plan area policies, currently being updated, to be supportive of the Bowmanville GO
Transit Station and to create the vision for the type of development intended for the
Bowmanville Transportation Hub.
5.9 Core objectives of the Official Plan are to encourage transit -supportive, mixed use and
compact urban form in Priority Intensification Areas, which includes Transportation
Hubs.
Bowmanville West Urban Centre Secondary Plan
5.10 The subject site is within the area that will be subject to the Bowmanville West Urban
Centre Secondary Plan. This Secondary Plan is currently being updated to conform
Municipality of Clarington
Report PDS-040-22
Page 8
with the updated Clarington Official Plan as well as to incorporate the Major Transit
Station Area of the Bowmanville GO Station.
6. Zoning By-law
6.1 The subject property, municipally known as 10 Aspen Springs Drive, is zoned "Service
Station Commercial Exception (C6-12)" by Zoning By-law 84-63. The zoning permits a
convenience store, motor vehicle wash, with the site -specific provisions for a drive -
through facility and stacking lane.
6.2 The current zoning does not permit the proposed development. The subject Zoning By-
law Amendment application is required. A draft Zoning By-law prepared by the applicant
is presented within Attachment 2 of this report.
7. Public Notice and Submissions
Notice of Complete Application
7.1 Notice of Complete Application was mailed to each landowner within 120 metres of the
site on June 22, 2022.
7.2 Subsequent to sending the notice, staff heard from a number of residents expressing
concerns about and objections to the proposal, including:
• The proposed density is far too high and not in keeping with the character or scale
of Bowmanville as the 25-storey building is more than double the height of any
other building;
• The neighbourhood is already congested and experiencing traffic and noise issues
related to more densely developed areas;
• The loss of and intrusion into the privacy and amenity spaces of the existing
residences surrounding the site, impacting mental health and quality of life;
• The height of the development will impact sun exposure to the surrounding low
density residential areas, particularly those to the east that are below the grade of
Bowmanville Avenue; and
• The development will be precedent -setting and make it difficult for residents to
oppose or raise concerns about similar proposals in the future.
Notice of Public Meeting
7.3 Notice of Public Meeting was mailed to each landowner within 120 metres of the site.
Public Notice signs were posted on both the Bowmanville Avenue and Aspen Springs
Drive frontages in accordance with Planning Act requirements.
7.4 At the time of writing this report, no additional comments had been received from
members of the public.
Municipality of Clarington Page 9
Report PDS-040-22
7.5 Comments received at the Statutory Public Meeting and during the review of the
applications will be considered and included in a subsequent report.
8. Agency and Department Comments
8.1 The applications have been circulated to internal departments and external agencies for
review and comments. At the time of writing this report, not all comments have been
received. A subsequent comment letter coordinating all internal and external comments
will be sent to the applicants once they are received.
9. Financial Considerations
9.1 The recommendations of this report do not have any financial implications.
9.2 Financial implications of this project will be included in subsequent reports as more
information becomes available.
10. Concurrence
The Deputy CAO/Treasurer has reviewed this report.
11. Conclusion
11.1 The purpose of the report is to provide background information on the proposal to
amend the Zoning By-law for the Public meeting under the Planning Act. It is
recommended that staff continue to review and process the application and prepare a
subsequent report for Council's consideration. Comments received at the Public
Meeting will be considered and included in the future report.
Staff Contact: Sarah Allin, Senior Planner, 905-623-3379 ext. 2419 or sallin@clarington.net.
Attachments:
Attachment 1 — Proposed Site Plan
Attachment 2 — Draft Zoning By-law Amendment, prepared by Applicant
Interested Parties:
List of Interested Parties available from Department.
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As Prepared by Applicant
Attachment 2 to
Report PDS-040-22
Corporation of the Municipality of Clarington
By-law Number 2022-
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 2022- ;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 21.4.12 Service Station Commercial Exception (C6-12) Zone, is hereby deleted.
2. Section 16A.7._ Urban Centre Mixed Use Exception (MU3-_) Zone, is added as follows:
"16A.7._ Urban Centre Mixed Use Exception (MU3- ;,'ONE
Notwithstanding, Section 2, 3.12 c, 3.16 Li), 3 a the respective provisions of
Section 16A.4, those lands zoned MU3-_gn the hedules to this By-law, shall be
subject to the following:
a. For the purposes of th jByj��Following definitions shall apply:
i. Height o ildin hS mean the vertical distance, measured from
Establishe _'ra and the highest point of the roof surface. In
calculating the Height of Building, roof constructions such as
bulkheads, parapets, landscape structures, screens, fences,
penthouses and similar constructions enclosing equipment or stairs
and enclosed lobbies providing access to the roof and which are less
than 6.0 metres in height and do not occupy more than 30% of the
area of the roof upon which they are located, and accessory roof
constructions, such as chimneys, towers, steeples or television
antennas, shall be excluded from the calculation of the Height of
Building and building Storeys
ii. Established Grade shall mean a geodetic elevation of 125.0 metres.
iii. Total Floor Area shall mean the aggregate of the horizontal areas of
each floor, whether any such floor is above or below grade, measured
between the interior faces of the interior walls of the building or
structure at the level of each floor, but shall exclude parking areas
below Established Grade, bicycle parking areas, service and
mechanical areas, loading and waste areas, stairwells and elevator
shafts.
iv. Floor Space Index (FSI) shall mean the ratio of the Total Floor Area of
a building or buildings to the area of the Lot on which the building or
buildings are located.
b. Regulations
Yard Setback Requirements
1. Front Yard (maximum for the minimum building height): 7.0
metres
2. Exterior Side Yard (maximum): 8.5 metres
3. Interior Side Yard (minimum abutting an Urban Residential
Zone): 1.5 metres
4. Rear Yard (minimum abutting an Urban Residential Zone):
6.60 metres
5. Sight Triangle Setba
Notwithstanding the abov
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iii. Height of Bu
of B<ro
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iv. Num
Ornl, gum): 0.0 metres
.iinimuri� Yard Setbacks to a
Established Grade shall be 0.0
ax um): 74.5 metres, except that the Height
35.0 metres of the Front Lot Line shall be limited
�.5 metres
1. Minimum: 9 Storeys
2. Maximum: 25 Storeys, except that the number of Storeys
within 35.0 metres of the Front Lot Line shall be limited to a
maximum of 9 Storeys
V. Buildings 6 Storeys or taller shall setback all floors above the 4tn
Storey that face a public street 2.1 metres, except that no setback
above the 4t" Storey that faces a public street is required for any
building located within 35.0 metres of the Front Lot Line
vi. Location of Residential Entrances: No requirement
vii. Minimum Planting Strip abutting an Urban Residential Zone: 1.75
metres, except that no planting strip shall be required along the
Rear Lot Line
viii. Minimum distance between a parking space and a building where a
walkway is located beside the building: 1.5 metres
ix. Minimum entrance setback from the boundary of a Side Yard or
Rear Yard Lot Line boundary of a Residential Zone: 0.0 metres
X. Minimum Amenity Space:
1. Indoor: 2.0 square metres per residential unit;
2. Outdoor: 2.0 square metres per residential unit".
3. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from: Service Station Commercial Exception (C6-12) Zone to
Urban Centre Mixed Use Exception (MU3-_) Zone as illustrated on the attached
Schedule `A' hereto.
4. Schedule `A' attached hereto shall form a 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 and 36 of the Planning Act.
By -Law passed in open session this day of 2022.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk